Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30617 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review.’’ 

Only one comment was received as a 

result of this outreach. The commenter 

generally believes that the rule creates 

additional legal requirements without 

providing measures to prevent crime. 

The Department believes that the rule in 

fact has the opposite effect, decreasing 

legal requirements by removing defense 

articles from the USMIL while 

enhancing national security by focusing 

resources on imports that need to be 

protected. 

E. Regulatory Flexibility Act 

The provisions of the Regulatory 

Flexibility Act relating to an initial and 

final regulatory flexibility analysis are 

not applicable to this final rule because 

the Department was not required to 

publish a general notice of proposed 

rulemaking under 5 U.S.C. 553 or any 

other law. See 5 U.S.C. 601 et seq. 

F. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 5 U.S.C. 804. This 

rule is not likely to result in an annual 

effect on the economy of $100 million 

or more; a major increase in costs or 

prices; or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based enterprises to 

compete with foreign-based enterprises 

in domestic and export markets. 

G. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. See 2 U.S.C. 1501 et seq. 

H. Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, 44 U.S.C. Chapter 35, and its 

implementing regulations, 5 CFR part 

1320, do not apply to this rule because 

there are no reporting or recordkeeping 

requirements. 

Disclosure 

Copies of the interim final rule and 

the comment received are available for 

public inspection through the Federal eGovernment portal, http://

www.regulations.gov, or by appointment 

during normal business hours at the 

ATF Reading Room, Room 1E–062, 99 

New York Avenue NE., Washington, DC 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is George 

M. Fodor, Office of Regulatory Affairs, 

Enforcement Programs and Services, 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives. 

List of Subjects in 27 CFR Part 447 

Administrative practice and 

procedure, Arms and munitions, 

Chemicals, Customs duties and 

inspection, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Scientific equipment, 

Seizures and forfeitures. 

PART 447—IMPORTATION OF ARMS, 

AMMUNITION AND DEFENSE 

ARTICLES 

Accordingly, for the reasons 

discussed in the preamble, the interim 

final rule amending part 447 of title 27 

of the Code of Federal Regulations, 

which was published at 79 FR 17024 on 

March 27, 2014, is adopted as a final 

rule, without change. 

Dated: May 21, 2015. 

Loretta E. Lynch, 

Attorney General. 

[FR Doc. 2015–12992 Filed 5–28–15; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 0 

[Docket No. OAG 147; AG Order No. 3532– 

2015] 

Authority of the Assistant Attorneys 

General To Compromise or Close Civil 

Claims 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department’s regulations to increase the 

authority currently delegated to the 

Assistant Attorneys General to 

compromise or close civil claims and to 

make certain technical corrections. 

DATES: Effective May 29, 2015 

FOR FURTHER INFORMATION CONTACT: 

August E. Flentje, Acting Deputy 

Assistant Attorney General, Civil 

Division, Department of Justice, 

Washington, DC 20530; (202) 514–3309. 

SUPPLEMENTARY INFORMATION: The 

current delegations of authority to 

compromise or close civil claims are 

contained in 28 CFR part 0, subpart Y, 

§§ 0.160–0.169. See 60 FR 15675 (Mar. 

27, 1995). This final rule increases the 

monetary thresholds for the exercise of 

this authority by the Assistant Attorneys 

General and increases the redelegation 

authority to the United States Attorneys 

with respect to accepting offers of 

compromise for affirmative claims. 

This final rule amends 28 CFR 

0.160(a)(1) to increase the authority of 

the Assistant Attorneys General to 

compromise a civil claim asserted by 

the United States where the proposed 

settlement is within $10 million or 15 

percent of the original claim (up from 

the current threshold of $2 million or 15 

percent of the original claim). As 

provided in § 0.164, this change to 

§ 0.160(a)(1) also means that the 

Assistant Attorneys General will have 

authority to close affirmative civil 

matters within the same new limits. 

The final rule adds a new paragraph 

§ 0.160(a)(2) to allow the Assistant 

Attorneys General to accept 

compromises in affirmative civil cases 

independent of the $10 million cap in 

the limited circumstance where a 

qualified financial expert has reviewed 

the defendant’s finances and has 

determined that the defendant likely 

does not have the ability to pay more 

than the proposed compromise offer. 

This would obviate the need to obtain 

higher level approval when claims are 

being compromised simply based on the 

defendant’s financial condition rather 

than an analysis of the legal or factual 

merits of the claim. To clarify that new 

§ 0.160(a)(2) applies to all cases within 

the authority of the Assistant Attorney 

General for the Environment and 

Natural Resources Division, including 

cases brought under the Comprehensive 

Environmental Response, Compensation 

and Liability Act, 42 U.S.C. 9601 et seq., 

the final rule also amends § 0.160(c)(2) 

by removing language similar to new 

§ 0.160(a)(2). 

In addition, the final rule also 

increases the authority for the Assistant 

Attorneys General to accept offers in 

compromise of claims asserted against 

the United States of up to $4 million (up 

from the current threshold of $2 

million). See new § 0.160(a)(3) 

(currently § 0.160(a)(2)). 

The final rule also amends § 0.168(d) 

to allow a delegation of authority to the 

United States Attorneys to compromise 

claims asserted by the United States for 

up to $10 million (up from a claim of 

$5 million where the settlement 

difference does not exceed $1 million). 

Citations to subsections of § 0.160 in 

§§ 0.162 and 0.168 also have been 

revised in light of the changes to 

§ 0.160. 


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30618 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 

Finally, this final rule would update 

the agency reference in § 0.169(b) 

defining the term ‘‘gross amount of the 

original claim’’ for purposes of any civil 

claim brought under section 592 of the 

Tariff Act of 1930, as amended. 

Regulatory Certifications 

Administrative Procedure Act 

This rule relates to a matter of agency 

management or personnel and is a rule 

of agency organization, procedure, and 

practice. As such, this rule is exempt 

from the usual requirements of prior 

notice and comment and a 30-day delay 

in effective date. See 5 U.S.C. 553. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule, 

and by approving it, certifies that it will 

not have an impact on a substantial 

number of small entities because it 

pertains to personnel and administrative 

matters affecting the Department. 

Further, a Regulatory Flexibility 

Analysis is not required for this final 

rule because the Department was not 

required to publish a general notice of 

proposed rulemaking for this matter. 

Executive Orders 12866 and 13563 

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section l(b), Principles of 

Regulation, and with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This final rule is 

‘‘limited to agency organization, 

management, or personnel matters’’ and 

thus is not a ‘‘rule’’ as described by 

Executive Order 12866, section 3(d)(3) 

and, therefore, is not a ‘‘regulation’’ or 

‘‘rule’’ as defined by that Executive 

Order. 

Executive Order 12988 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ 

Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted for inflation) in any one year, 

and it will not significantly or uniquely 

affect small governments. Therefore, no 

actions are necessary under the 

provisions of the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based enterprises to 

compete with foreign-based enterprises 

in domestic and export markets. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

‘‘rule’’ for purposes of the reporting 

requirement of 5 U.S.C. 801. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

Accordingly, by virtue of the 

authority vested in me as Attorney 

General, including 5 U.S.C. 301 and 28 

U.S.C. 509, 510, and for the reasons set 

forth in the preamble, part 0 of title 28 

of the Code of Federal Regulations is 

amended as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–19. 

■ 2. In § 0.160, revise paragraphs (a), (c) 

introductory text, and (c)(2) to read as 

follows: 

§ 0.160 Offers that may be accepted by 

Assistant Attorneys General. 

(a) Subject to the limitations set forth 

in paragraph (d) of this section, 

Assistant Attorneys General are 

authorized, with respect to matters 

assigned to their respective divisions, 

to: 

(1) Accept offers in compromise of 

claims asserted by the United States in 

all cases in which the difference 

between the gross amount of the original 

claim and the proposed settlement does 

not exceed $10,000,000 or 15 percent of 

the original claim, whichever is greater; 

(2) Accept offers in compromise of 

claims asserted by the United States in 

all cases in which a qualified financial 

expert has determined that the offer in 

compromise is likely the maximum that 

the offeror has the ability to pay; 

(3) Accept offers in compromise of, or 

settle administratively, claims against 

the United States in all cases in which 

the principal amount of the proposed 

settlement does not exceed $4,000,000; 

and 

(4) Accept offers in compromise in all 

nonmonetary cases. 

* * * * * 

(c) Subject to the limitations set forth 

in paragraph (d) of this section, the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, is further authorized to 

approve settlements under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9601 et seq., regardless of 

the amount of the proposed settlement, 

with: 

* * * * * 

(2) Parties whose responsibility can be 

equitably allocated and are paying at 

least the allocated amount. 

* * * * * 

§ 0.162 [Amended] 

■ 3. Amend § 0.162 by removing the 

reference to ‘‘§ 0.160(c)(2)’’ and adding 

in its place ‘‘§ 0.160(d)(2)’’. 

■ 4. Amend § 0.168: 

■ a. In paragraph (a) by removing the 

reference to ‘‘§§ 0.160(a) and (b)’’ and 

adding in its place ‘‘§§ 0.160(a), (b), and 

(c)’’; and 

■ b. By revising paragraphs (d) 

introductory text and (d)(1). 

The revisions read as follows: 

§ 0.168 Redelegation by Assistant 

Attorneys General. 

* * * * * 

(d) Subject to the limitations set forth 

in § 0.160(d) and paragraph (a) of this 

section, redelegations by the Assistant 

Attorneys General to United States 

Attorneys may include the authority to: 

(1) Accept offers in compromise of 

claims asserted by the United States in 

all cases in which the gross amount of 


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Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30619 

the original claim does not exceed 

$10,000,000; and 

* * * * * 

§ 0.169 [Amended] 

■ 5. Amend paragraph (b) of § 0.169 by 

removing the words ‘‘Customs 

Service’s’’ and adding in their place the 

words ‘‘United States Customs and 

Border Protection’s’’. 

Dated: May 21, 2015. 

Loretta E. Lynch, 

Attorney General. 

[FR Doc. 2015–12991 Filed 5–28–15; 8:45 am] 

BILLING CODE 4410–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0230; FRL–9927–11] 

Metconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of metconazole 

in or on multiple commodities which 

are identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). In 

addition, this regulation removes 

established tolerances for certain 

commodities/groups superseded by this 

action, and deletes expired tolerances. 

DATES: This regulation is effective May 

29, 2015. Objections and requests for 

hearings must be received on or before 

July 28, 2015, 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–2014–0230, 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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ 

text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 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–2014–0230 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 July 28, 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– 

2014–0230, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of May 23, 

2014 (79 FR 29729) (FRL–9910–29), 

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 4E8244) by 

Interregional Research Project Number 4 

(IR–4), 500 College Road East, Suite 201 

W, Princeton, NJ 08540. The petition 

requested that 40 CFR 180.617 be 

amended by establishing tolerances for 

residues of the fungicide metconazole, 

5-[(4-chlorophenyl)methyl]-2,-2- 

dimethyl-1-(1H-1,2,4-triazol-1- 

ylmethyl)-cyclopentanol, in or on fruit, 

stone, group 12–12 at 0.2 parts per 

million (ppm); nut, tree, group 14–12 at 

0.04 ppm; pea and bean, dried shelled, 

except soybean, subgroup 6C at 0.15 

ppm; rapeseed subgroup 20A at 0.08 

ppm; and sunflower subgroup 20B at 0.9 

ppm. The petition also requested that 

current established tolerances for 

residues of the fungicide metconazole in 

or on canola seed at 0.04 ppm; fruit, 

stone, group 12 at 0.20 ppm; pistachio 

at 0.04 ppm; and nut, tree, group 14 at 

0.04 ppm be removed once the proposed 

tolerances were approved. That 

document referenced a summary of the 

petition prepared by Valent U.S.A 

Corporation, the registrant, which is 

available in the docket, http://

www.regulations.gov. Comments were 

received on the notice of filing. EPA’s 


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