Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 10003 

process, depriving ALS veterans and 

members of the Armed Forces serving 

on active duty with ALS of quick and 

efficient access to automobile or other 

conveyance and adaptive equipment 

benefits. 

For the foregoing reasons, the 

Secretary is issuing this rule as an 

interim final rule with immediate effect. 

Paperwork Reduction Act 

This interim final rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this interim final rule will not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. This 

interim final rule will not affect any 

small entities. Only VA beneficiaries 

will be directly affected. Therefore, 

pursuant to 5 U.S.C. 605(b), this interim 

final rule is exempt from the final 

regulatory flexibility analysis 

requirements of section 604. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB), unless OMB waives such 

review, as ‘‘any regulatory action that is 

likely to result in a rule that may: (1) 

Have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www.va.gov/orpm/, by 

following the link for VA Regulations 

Published From FY 2004 Through 

FYTD. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

1 year. This interim final rule will have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.100, Automobiles and Adaptive 

Equipment for Certain Disabled 

Veterans and Members of the Armed 

Forces and 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. Jose 

D. Riojas, Chief of Staff, approved this 

document on February 12, 2015, for 

publication. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Veterans. 

Dated: February 20, 2015. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel, 

U.S. Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA amends 38 CFR part 3 as 

follows: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

■ 1. The authority citation for part 3, 

subpart A continues to read as follows: 

Authority: 38 U.S.C. 501(a), unless 

otherwise noted. 

■ 2. Amend § 3.808 by redesignating 

paragraph (b)(5) as paragraph (b)(6) and 

adding a new paragraph (b)(5) to read as 

follows: 

§ 3.808 Automobiles or other conveyances 

and adaptive equipment; certification. 

* * * * * 

(b) * * * 

(5) Amyotrophic lateral sclerosis. 

* * * * * 

[FR Doc. 2015–03889 Filed 2–24–15; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0253; FRL–9919–59] 

Clothianidin; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

clothianidin, (E)-N-[(2-chloro-5- 

thiazolyl)methyl]-N’-methyl-N’’- 

nitroguanidine, in or on fruit, citrus, 

group 10–10. This action is in response 

to EPA’s granting of an emergency 

exemption under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) authorizing use of the 

pesticide on citrus. This regulation 

establishes a maximum permissible 

level for residues of clothianidin in or 

on citrus. The time-limited tolerance 

expires on December 31, 2017. 

DATES: This regulation is effective 

February 25, 2015. Objections and 

requests for hearings must be received 

on or before April 27, 2015, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 


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10004 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 

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–2014–0253, is 

available at http://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 is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; 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 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, 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–2014–0253 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 April 27, 2015. 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– 

2014–0253, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

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 http://

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

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6) of, 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing a time-limited 

tolerance for residues of clothianidin, 

(E)-N-[(2-chloro-5-thiazolyl)methyl]-N’- 

methyl-N’’-nitroguanidine, in or on 

fruit, citrus, group 10–10 at 0.07 parts 

per million (ppm). This time-limited 

tolerance expires on December 31, 2017. 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement of a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

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 . . . . ’’ 

Section 18 of FIFRA authorizes EPA 

to exempt any Federal or State agency 

from any provision of FIFRA, if EPA 

determines that ‘‘emergency conditions 

exist which require such exemption.’’ 

EPA has established regulations 

governing such emergency exemptions 

in 40 CFR part 166. 

III. Emergency Exemption for 

Clothianidin in or on Immature Citrus 

Trees and FFDCA Tolerances 

The Florida Department of 

Agriculture and Consumer Services 

requested the EPA Administrator to 

issue a specific exemption for the use of 

clothianidin as a soil drench application 

on immature citrus trees to control the 

transmission of Huanglongbing (HLB) 

disease vectored by the Asian Citrus 

Psyllid (ACP). The applicant asserts that 

clothianidin is needed to control HLB 

disease due to the lack of effective 

available alternatives for season long 

control practices, and that significant 

economic losses will occur if this 


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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 10005 

urgent, non-routine disease is not 

controlled. 

Further, the Applicant asserts that an 

emergency condition exists in 

accordance with the criteria for 

approval of an emergency exemption, 

and issued a crisis exemption under 

FIFRA section 18 to allow the use of 

clothianidin on immature citrus trees 

for control of the transmission of HLB 

disease vectored by the ACP in Florida. 

After having reviewed the submission, 

EPA concurred that an emergency 

condition exists for Florida citrus 

growers and authorized a specific 

emergency exemption under FIFRA 

section 18 for control of clothianidin on 

immature citrus trees to control the 

transmission of HLB disease vectored by 

the ACP. 

As part of its evaluation of the 

emergency exemption application, EPA 

assessed the potential risks presented by 

residues of clothianidin in or on citrus. 

In doing so, EPA considered the safety 

standard in FFDCA section 408(b)(2), 

and EPA decided that the necessary 

tolerance under FFDCA section 408(l)(6) 

would be consistent with the safety 

standard and with FIFRA section 18. 

Consistent with the need to move 

quickly on the emergency exemption in 

order to address an urgent non-routine 

situation and to ensure that the resulting 

food is safe and lawful, EPA is issuing 

this tolerance without notice and 

opportunity for public comment as 

provided in FFDCA section 408(l)(6). 

Although this time-limited tolerance 

expires on December 31, 2017, under 

FFDCA section 408(l)(5), residues of the 

pesticide not in excess of the amounts 

specified in the tolerance remaining in 

or on fruit, citrus, group 10–10 after that 

date will not be unlawful, provided the 

pesticide was applied in a manner that 

was lawful under FIFRA, and the 

residues do not exceed a level that was 

authorized by the time-limited tolerance 

at the time of that application. EPA will 

take action to revoke this time-limited 

tolerance earlier if any experience with, 

scientific data on, or other relevant 

information on this pesticide indicate 

that the residues are not safe. 

Because this time-limited tolerance is 

being approved under emergency 

conditions, EPA has not made any 

decisions about whether clothianidin 

meets FIFRA’s registration requirements 

for use on fruit, citrus, group 10–10 or 

whether a permanent tolerance for this 

use would be appropriate. Under these 

circumstances, EPA does not believe 

that this time-limited tolerance decision 

serves as a basis for registration of 

clothianidin by a State for special local 

needs under FIFRA section 24(c). Nor 

does this tolerance by itself serve as the 

authority for persons in any State other 

than Florida to use this pesticide on the 

applicable crop under FIFRA section 18 

absent the issuance of an emergency 

exemption applicable within that State. 

For additional information regarding the 

emergency exemption for clothianidin 

contact the Agency’s Registration 

Division at the address provided under 

FOR FURTHER INFORMATION CONTACT. 

IV. 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. . . .’’ 

As part of its evaluation of the 

emergency exemption application, EPA 

assessed the potential risks presented by 

residues of clothianidin in or on citrus. 

In doing so, EPA considered the safety 

standard in FFDCA section 408(b)(2) 

and decided that the necessary tolerance 

under FFDCA section 408(l)(6) would be 

consistent with the safety standard and 

with FIFRA section 18. 

Consistent with the factors specified 

in FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this emergency action. EPA 

has sufficient data to assess the hazards 

of and to make a determination on 

aggregate exposure expected as a result 

of this emergency exemption and the 

time-limited tolerance for residues of 

clothianidin in or on fruit, citrus, group 

10–10 at 0.07 ppm. 

EPA recently evaluated the currently 

approved uses of clothianidin when 

establishing tolerances for residues of 

clothianidin in three non-citrus 

commodity groups in the March 29, 

2013 Federal Register (78 FR 19130) 

(FRL–9378–6). A summary of the 

human risk assessment toxicological 

endpoints is discussed in Units 111.A. 

and B. of the March 29, 2013 Final Rule. 

EPA has also recently evaluated the 

dietary exposure that would result from 

a similar use of clothianidin on citrus 

that would result in clothianidin 

residues of 0.60 ppm. This is 

significantly higher than the 0.07 ppm 

time-limited tolerance level established 

in today’s final rule. In order to expedite 

this time-limited tolerance rule, EPA 

has relied on its previous dietary risk 

assessment assuming clothianidin 

residues of 0.60 ppm on citrus. The 

higher application rates and 

concentrations assure that exposure and 

risk resulting from the emergency use 

are not underestimated. In addition, the 

estimated drinking water concentrations 

based on the clothianidin use on citrus 

resulted in higher acute drinking water 

estimates than those previously 

assessed. The chronic analysis drinking 

water estimate remains the same as it 

was in the previous dietary assessment. 

Even with these conservative 

assumptions, the revised acute dietary 

risk estimates from exposure to 

clothianidin through food and water are 

below the Agency’s level of concern for 

all population subgroups. 

In its aggregate assessment of 

exposures and risk associated with 

clothianidin, including use on citrus 

which was assessed at a significantly 

higher use rate, EPA concluded that the 

acute dietary exposure from food and 

water to clothianidin would occupy 

28% of the acute population adjusted 

dose (aPAD) for children 1–2 years old, 

the population subgroup receiving the 

greatest exposure; and that chronic 

exposure to clothianidin from food and 

water would utilize 28% of the chronic 

population adjusted dose (cPAD) for 

children 1–2 years old, the population 

subgroup receiving the greatest 

exposure. These population adjusted 

doses represent the levels below which 

exposure is not of health concern. 

Because these levels of dietary 

exposures for the most exposed 

subpopulations would be well below 

the aPAD and cPAD, the expected lower 

levels of dietary exposures are not of 

concern. 

There are no new residential uses of 

clothianidin at this time. However, 

existing uses of clothianidin on turf, 

ornamental plants, and/or indoor 

surfaces for bed bug control may result 

in human exposure in a residential 

setting. Such exposures may occur 

during application of products 

containing clothianidin (handler 

exposure) as well as following 

application (post-application exposure) 

and are expected to be of short-term (1– 

30 days) duration. 


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10006 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 

For clothianidin, residential handler 

and post-application risk estimates are 

considered to be of potential concern 

when the dermal margin of exposure 

(MOE) is less than 100, the inhalation 

MOE is less than 1,000, and/or the 

aggregate risk index (ARI), reflecting 

combined dermal and inhalation 

exposure, is less than one. The 

residential handler and post-application 

risk estimates are not of concern (ARIs 

range from 1.9 to 990). The aggregate 

ARIs, which combine residential and 

dietary exposure, ranged from 1.2 to 6.5, 

which are not of concern (i.e. when the 

ARI is greater 1). 

Therefore, EPA concluded there is a 

reasonable certainty that no harm will 

result to the general population and to 

infants and children from aggregate 

exposure to clothianidin residues as a 

result of existing uses and the proposed 

section 18 use pattern. 

Refer to the March 29, 2013 final rule, 

available at http://regulations.gov, for a 

summary of the aggregate risk 

assessment and determination of safety. 

Detailed discussion of the aggregate risk 

assessments and the determinations of 

safety relied upon in this action may be 

found in the Agency reviews and 

human health risk assessments provided 

as supporting documents in the docket 

for this action under docket ID number 

EPA–HQ–OPP–2014–0253. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate enforcement 

methodology, based on solvent 

extraction and liquid chromatographymass spectrometry/mass spectrometry 

(LC–MS/MS) separation, identification, 

and quantification, is available for plant 

(Morse Method#Meth-164-modified, 

RM–39C–1, or Bayer Method 00552) 

matrices to enforce the tolerance 

expression. The limit of quantitation 

(LOQ) for clothianidin in plant 

commodities is 0.01 ppm. Clothianidin 

and its major metabolites are not 

adequately recovered using any of the 

United States Food and Drug 

Administration (FDA) multi-residue 

methods. 

The methods may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@

epa.gov. 

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 established MRLs for 

clothianidin in or on citrus fruits at 0.07 

ppm, the same level the U.S. is 

establishing for the time-limitedtolerance. 

VI. Conclusion 

Therefore, a time-limited tolerance is 

established for residues of clothianidin, 

in or on fruit, citrus, group 10–10 at 0.07 

ppm. This tolerance expires on 

December 31, 2017. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA sections 408(e) and 

408(l)(6). 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 final rule 

has been exempted from review under 

Executive Order 12866, this final rule 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 final rule 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 in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

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 final rule 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 final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(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 of 1995 

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

VIII. 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 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 13, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 


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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations 10007 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.586, revise paragraph (b) to 

read as follows: 

§ 180.586 Clothianidin; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

A time-limited tolerance specified in the 

following table is established for 

residues of clothianidin, (E)-N-[(2- 

chloro-5-thiazolyl)methyl]-N’-methylN’’-nitroguanidine, in or on the 

specified agricultural commodity, 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. This tolerance 

expires on the date specified in the 

table. 

Commodity Parts per 

million 

Expiration 

date 

Fruit, citrus, group 

10–10 ................ 0.07 12/31/17 

* * * * * 

[FR Doc. 2015–03928 Filed 2–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 131211999–5045–02] 

RIN 0648–BD86 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources in the 

Gulf of Mexico and Atlantic Region; 

Amendment 20B; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This document contains a 

correction to the final rule to implement 

Amendment 20B to the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources in the 

exclusive economic zone of the Gulf of 

Mexico and Atlantic Region 

(Amendment 20B) that was published in 

the Federal Register January 27, 2015. 

DATES: This correction is effective 

March 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, 727–551–5611; email: 

Anik.Clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On January 27, 2015, (80 FR 4216), 

NMFS published an incorrect annual 

catch limit (ACL) value for Atlantic 

migratory group Spanish mackerel in 

§ 622.388(d)(1)(iii). The commercial 

ACL for Atlantic migratory group 

Spanish mackerel is equal to the 

commercial quota. The commercial 

quota value was published correctly in 

§ 622.384(c)(2), however, the 

commercial ACL value was published 

incorrectly in § 622.388(d)(1)(iii). This 

document corrects the commercial ACL 

value for Atlantic migratory group 

Spanish mackerel. 

Correction 

1. On page 4223, in the first column, 

§ 622.388(d)(1)(iii) is correctly revised to 

read as follows: 

§ 622.388 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(d) * * * 

(1) * * * 

(iii) The commercial ACL for the 

Atlantic migratory group Spanish 

mackerel is 3.33 million lb (1.51 million 

kg). 

* * * * * 

Dated: February 19, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–03905 Filed 2–24–15; 8:45 am] 

BILLING CODE 3510–22–P 


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