58506 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

■ c. Removing the commodity ‘‘Spice, 

subgroup 19B, except black pepper’’; 

and 

■ d. Adding the commodity ‘‘Stalk and 

stem vegetable subgroup 22A’’. 

The additions read as follows: 

§ 180.495 Spinosad; tolerances for 

residues. 

* * * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Spice group 26 ........................... 1.7 

Stalk and stem vegetable subgroup 22A ............................... 0.4 

* * * * * 

* * * * * 

[FR Doc. 2023–18346 Filed 8–25–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0139; FRL–11276–01– 

OCSPP] 

Methoxyfenozide; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

methoxyfenozide in or on coffee bean, 

sugar cane, and sugar cane molasses. 

There are no U.S. registrations 

associated with these tolerances. 

Corteva Agrisciences, LLC requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 28, 2023. Objections and 

requests for hearings must be received 

on or before October 27, 2023, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0139, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0139 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

October 27, 2023. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2022–0139, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of July 5, 2023 

(88 FR 42935) (FRL–10579–05), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP 1E8910) by Corteva 

Agriscience LLC, 9330 Zionsville Rd., 

Indianapolis, IN 46268. The petition 

requested that 40 CFR 180.544 be 

amended by establishing tolerances for 

residues of the insecticide 

methoxyfenozide, including its 

metabolites and degradates, in or on 

coffee at 0.15 parts per million (ppm) 

and sugarcane at 0.03 ppm and in the 

processed commodity sugarcane 

molasses at 0.1 ppm. Compliance with 

the tolerance levels is to be determined 

by measuring only methoxyfenozide (3- 

methoxy-2-methylbenzoic acid 2-(3,5- 

dimethylbenzoyl)-2-(1,1-dimethylethyl) 

hydrazide). That document referenced a 

summary of the petition prepared by 

Corteva Agrisciences, LLC, which is 

available in the docket, https://

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58507 

Based upon review of the data 

supporting the petition, EPA has 

recommended revisions in commodity 

definitions. The reasons for these 

changes are explained in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue . . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, EPA has reviewed the available 

scientific data and other relevant 

information in support of this action. 

EPA has sufficient data to assess the 

hazards of and to make a determination 

on aggregate exposure for 

methoxyfenozide including exposure 

resulting from the tolerances established 

by this action. EPA’s assessment of 

exposures and risks associated with 

methoxyfenozide follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published in tolerance rulemakings for 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemakings, 

and EPA considers referral back to those 

sections as sufficient to provide an 

explanation of the information EPA 

considered in making its safety 

determination for the new rulemaking. 

EPA has previously published 

tolerance rulemakings for 

methoxyfenozide in which EPA 

concluded, based on the available 

information, that there is a reasonable 

certainty that no harm would result 

from aggregate exposure to 

methoxyfenozide and established 

tolerances for residues of that chemical. 

EPA is incorporating previously 

published sections from those 

rulemakings as described further in this 

rulemaking, as they remain unchanged. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

methoxyfenozide, see Unit III.A. of the 

methoxyfenozide tolerance rulemaking 

published in the Federal Register of 

March 12, 2019 (84 FR 8820) (FRL– 

9985–06). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for methoxyfenozide 

used for human health risk assessment, 

see Unit III.B. of the March 12, 2019, 

rulemaking. 

Exposure assessment. Much of the 

exposure assessment for 

methoxyfenozide remains unchanged 

from the discussions in Unit III.C. of the 

March 12, 2019, rulemaking and Unit 

III.C. of the methoxyfenozide tolerance 

rulemaking published in the Federal 

Register of October 11, 2022 (87 FR 

61259) (FRL–9525–01), except as 

described below. 

Dietary exposure from food and feed 

uses. The exposure assessment has been 

updated to include the additional 

dietary exposure from the new 

tolerances for residues of 

methoxyfenozide on coffee bean and 

sugar cane commodities using the same 

previous assumptions of tolerance level 

residues and 100 percent crop treated 

(PCT) described in Unit III.C.1. of the 

March 12, 2019, rulemaking. 

Dietary exposure from drinking water. 

Because the requested tolerances for 

residues of methoxyfenozide in or on 

coffee bean and sugar cane commodities 

do not include registrations for use on 

coffee bean and sugar cane commodities 

in the United States, the estimated 

drinking water concentrations have not 

changed. For a detailed summary of the 

drinking water analysis for 

methoxyfenozide used for the human 

health risk assessment, see Unit III.C.2. 

of the March 12, 2019, rulemaking and 

Unit III.C. of the October 11, 2022, 

rulemaking. 

Non-occupational exposure. As 

described in Unit III.C. of the October 

11, 2022, rulemaking, the Agency 

assumes that when labels require 

specific clothing and/or personal 

protective equipment (PPE) such 

products are not for residential use. The 

methoxyfenozide label requires specific 

clothing and/or PPE; therefore, the 

Agency has made the assumption that 

the registered methoxyfenozide labels 

are not intended for use by residential 

handlers and a quantitative residential 

handler assessment has not been 

conducted. The approach to assessing 

post-application exposure is the same as 

described in Unit III.C.3 of the March 

12, 2019, rulemaking. 

Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ In 2016, EPA’s 

Office of Pesticide Programs released a 

guidance document entitled Pesticide 

Cumulative Risk Assessment: 

‘‘Framework for Screening Analysis’’ 

(https://www.epa.gov/pesticide-scienceand-assessing-pesticide-risks/pesticidecumulative-risk-assessment-framework). 

This document provides guidance on 

how to screen groups of pesticides for 

cumulative evaluation using a two-step 

approach beginning with the evaluation 

of available toxicological information 

and, if necessary, followed by a riskbased screening approach. This 

framework supplements the existing 

guidance documents for establishing 

common mechanism groups (CMGs) and 

conducting cumulative risk assessments 

(CRA). 

The Agency has utilized this 

framework for methoxyfenozide and 

determined that the diacylhydrazine 

class of insecticides (methoxyfenozide, 

halofenozide and tebufenozide) form a 

candidate CMG. This group of 

pesticides is considered a candidate 

CMG because they share characteristics 

to support a testable hypothesis for a 

common mechanism of action. 

Following this determination, the 

Agency conducted a screening-level 

cumulative risk assessment consistent 

with the 2016 guidance document. This 

assessment included only 

methoxyfenozide and tebufenozide 

since there are no registered uses for 

halofenozide. The current screening 

assessments for methoxyfenozide and 

tebufenozide are below the Agency’s 

levels of concern. No further cumulative 

evaluation is necessary for 

methoxyfenozide. 

For more information, see Appendix E 

of the document titled 

‘‘Methoxyfenozide. Human Health Risk 

Assessment for the Petition to Establish 

Permanent Tolerances without a U.S. 

Registration on Coffee Beans and Sugar 

Cane,’’ available at docket ID number 

EPA–HQ–OPP–2022–0139. 

Safety factor for infants and children. 

EPA continues to conclude that there 

are reliable data to support the 

reduction of the Food Quality Protection 


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58508 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 

Act (FQPA) safety factor from 10X to 

1X. See Unit III.D. of the March 12, 

2019, rulemaking for a discussion of the 

Agency’s rationale for that 

determination. 

Aggregate risks and determination of 

safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing aggregate 

exposure estimates to the acute 

population adjusted dose (aPAD) and 

chronic population adjusted dose 

(cPAD). Short-, intermediate-, and 

chronic-term risks are evaluated by 

comparing the estimated aggregate food, 

water, and residential exposure to the 

appropriate points of departure to 

ensure that an adequate margin of 

exposure (MOE) exists. For linear cancer 

risks, EPA calculates the lifetime 

probability of acquiring cancer given the 

estimated aggregate exposure. 

An acute dietary risk assessment was 

not needed for methoxyfenozide since 

no toxic effects attributable to a single 

dose were identified in the toxicity 

database. Chronic dietary risks are 

below the Agency’s level of concern of 

100% of the cPAD; they are 78% of the 

cPAD for children 1 to 2 years old, the 

group with the highest exposure. There 

are currently no residential handler uses 

for methoxyfenozide, and none are 

pending before the Agency. Therefore 

short- and intermediate-term exposure 

to methoxyfenozide is not expected, and 

the short- and intermediate-term risk is 

equivalent to the chronic dietary risk, 

which is not of concern. 

Methoxyfenozide is classified as ‘‘Not 

Likely to Be Carcinogenic to Humans’’; 

therefore, EPA does not expect 

methoxyfenozide exposures to pose an 

aggregate cancer risk. 

Determination of safety. Therefore, 

based on the risk assessments and 

information described above, EPA 

concludes there is a reasonable certainty 

that no harm will result to the general 

population, or to infants and children, 

from aggregate exposure to 

methoxyfenozide residues. More 

detailed information on this action can 

be found in the document titled 

‘‘Methoxyfenozide. Human Health Risk 

Assessment for the Petition to Establish 

Permanent Tolerances without a U.S. 

Registration on Coffee Beans and Sugar 

Cane,’’ available at docket ID number 

EPA–HQ–OPP–2022–0139. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the March 12, 2019, 

rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for methoxyfenozide in/on coffee bean 

or sugar cane commodities. 

C. Revisions to Petitioned-For 

Tolerances 

EPA is changing the commodity 

definitions from coffee to coffee bean, 

sugarcane to sugar cane, and sugarcane, 

molasses to sugar cane, molasses to be 

consistent with Agency nomenclature. 

V. Conclusion 

Therefore, tolerances are established 

for residues of methoxyfenozide, in or 

on coffee bean at 0.15 ppm, sugar cane 

at 0.03 ppm, and sugar cane, molasses 

at 0.1 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal governments, on the 

relationship between the National 

Government and the States or Tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 58509 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 18, 2023. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.544, in paragraph (a)(1) 

amend the table by: 

■ a. Adding in alphabetical order the 

entries ‘‘Coffee bean’’; ‘‘Sugar cane’’; 

and ‘‘Sugar cane, molasses’’; and 

■ b. Adding footnote 2 at the end of the 

table. 

The additions read as follows: 

§ 180.544 Methoxyfenozide; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Coffee bean 2 .............................. 0.15 

* * * * * 

Sugar cane 2 ............................... 0.03 

Sugar cane, molasses 2 .............. 0.1 

* * * * * 

* * * * * 

2There are no U.S. registrations as of August 28, 2023. 

[FR Doc. 2023–18410 Filed 8–25–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–93; DA 23–669; FR ID 

164624] 

Establishing Emergency Connectivity 

Fund To Close the Homework Gap 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Wireline Competition Bureau (Bureau) 

grants a petition for limited waiver of 

the Emergency Connectivity Fund (ECF) 

program’s invoice filing deadline 

submitted by T-Mobile USA, Inc. (TMobile). The Bureau waives the Federal 

Communications Commission’s 

(Commission) rules to provide an 

automatic, one-time extension of the 

invoicing filing deadline to October 30, 

2023, for any funding requests with an 

invoice filing deadline date occurring 

before October 30, 2023. The Bureau 

finds that a one-time extension of the 

invoice filing deadline for applicants 

and service providers will provide them 

with sufficient flexibility to complete 

and submit their invoicing forms and 

necessary supporting documentation to 

the Universal Service Administrative 

Company (USAC) and the Bureau 

directs USAC to provide an automatic, 

one-time extension of the invoice filing 

deadline to October 30, 2023, for any 

funding requests with an invoice filing 

deadline occurring before October 30, 

2023. 

DATES: Effective August 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Molly O’Conor, Wireline Competition 

Bureau, (202) 418–7400 or by email at 

Molly.OConor@fcc.gov. The 

Commission asks that requests for 

accommodations be made as soon as 

possible in order to allow the agency to 

satisfy such requests whenever possible. 

Send an email to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Bureau’s In the Matter 

of Request for Waiver by T-Mobile USA, 

Inc., Establishing Emergency 

Connectivity Fund to Close the 

Homework Gap, Order in WC Docket 

No. 21–93; DA 23–669, adopted August 

14, 2023, and released August 14, 2023 

(Order). The full text of this document 

is available at the following internet 

address: https://www.fcc.gov/document/ 

wcb-grants-limited-waiver-ecf-invoicefiling-deadline. 

I. Introduction 

1. In the Order, the Bureau grants a 

petition for limited waiver of the 

Emergency Connectivity Fund (ECF) 

program’s invoice filing deadline 

submitted by T-Mobile USA, Inc. 

Specifically, the Bureau waives 

§ 54.1711(d) of the Commission’s rules 

to provide an automatic, one-time 

extension of the invoicing filing 

deadline to October 30, 2023 for any 

funding requests with an invoice filing 

deadline date occurring before October 

30, 2023. The Bureau recognizes that 

many participants with a service 

delivery deadline of June 30, 2023, or a 

service delivery deadline that occurs 

shortly thereafter as a result of the 

Bureau’s May 2023 Service Delivery 

Deadline Extension Order, In the Matter 

of Establishing Emergency Connectivity 

Fund to Close the Homework Gap, WC 

Docket No. 21–93, Order, rel. May 12, 

2023, DA 23–405, 88 FR 36510 (June 5, 

2023), may require additional time to 

complete the invoicing process for 

eligible equipment and services that 

have already been delivered and 

provided to students, school staff, and 

library patrons with unmet needs. The 

Bureau finds that a one-time extension 

of the invoice filing deadline for 

applicants and service providers with 

an invoice filing deadline that falls 

before October 30, 2023 (Affected 

Participants), will provide them with 

sufficient flexibility to complete and 

submit their invoicing forms and 

necessary supporting documentation to 

USAC, the Administrator of the ECF 

program, in order to receive their 

committed funding. Accordingly, the 

Bureau directs USAC to provide an 

automatic, one-time extension of the 

invoice filing deadline to October 30, 

2023 for any funding requests with an 

invoice filing deadline occurring before 

October 30, 2023, and the Bureau 

modifies § 54.1711(d) of the 

Commission’s rules to provide 60 days 

to submit invoices from the date of the 

notification by USAC that a refund 

request is processed by USAC. 

II. Discussion 

2. Generally, the Commission’s rules 

may be waived for good cause shown. 

The Commission may exercise its 

discretion to waive a rule where the 

particular facts make strict compliance 

inconsistent with the public interest. In 

addition, the Commission may take into 

account considerations of hardship, 

equity, or more effective 

implementation of overall policy on an 

individual basis. 

3. To ensure ECF program 

participants can seek reimbursement for 

all of their approved ECF funding used 

to connect students, school staff, and 

library patrons with unmet needs, the 

Bureau finds good cause exists to waive 

and extend the invoice filing deadline 

until October 30, 2023, for applicants 

and service providers with invoice filing 

deadlines occurring before that date. In 

addition, the Bureau also modifies 

§ 54.1711(d) of the Commission’s rules 

to allow invoices to be submitted within 

60 days from the date that USAC issues 

a notification that a refund request 

submitted by an ECF participant has 

been processed. In particular, the 

Bureau recognizes that due to the 

evolving and emergent nature of this 

program, complexities in the invoicing 


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