Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations 28201 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(79) Revisions to the Utah State 

Implementation Plan involving Utah 

Rule R307–311; Utah County: Trading 

of Emission Budgets for Transportation 

Conformity. The Utah Air Quality Board 

adopted this SIP revision on March 4, 

2015, it became state effective on March 

5, 2015, and was submitted by the 

Governor to EPA by a letter dated March 

9, 2015. 

(i) Incorporation by reference. 

(A) Utah Rules R307, Environmental 

Quality, Air Quality, R307–311, Utah 

County: Trading of Emission Budgets for 

Transportation Conformity. Effective 

March 5, 2015, as proposed in the Utah 

State Bulletin on January 1, 2015 and 

published on April 1, 2015 as effective. 

[FR Doc. 2015–11784 Filed 5–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0963; FRL–9926–87] 

Trichoderma asperelloides strain JM41R; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Trichoderma 

asperelloides strain JM41R in or on all 

food commodities when used in 

accordance with label directions and 

good agricultural practices. BASF 

Corporation submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

Trichoderma asperelloides strain JM41R 

under FFDCA. 

DATES: This regulation is effective May 

18, 2015. Objections and requests for 

hearings must be received on or before 

July 17, 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–2012–0963, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@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 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–2012–0963 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 17, 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– 

2012–0963, 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 

In the Federal Register of February 

21, 2014 (79 FR 9870) (FRL–9904–98), 

EPA issued a document pursuant to 

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

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 2F8102) 

by BASF Corporation, 26 Davis Dr., 

Research Triangle Park, NC 27709. The 

petition requested that 40 CFR part 180 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of Trichoderma 

fertile strain JM41R in or on all food 

commodities. That document referenced 

a summary of the petition prepared by 

the petitioner BASF Corporation, which 

is available in the docket via http://

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Subsequently, the petitioner provided 

additional data (i.e., DNA sequence 


asabaliauskas on DSK5VPTVN1PROD with RULES
28202 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations 

work based on newly published 

taxonomies) on the identity of the 

pesticide to EPA. After reviewing these 

data, EPA concluded that the correct 

identity of the pesticide was 

Trichoderma asperelloides strain JM41R 

and not Trichoderma fertile strain 

JM41R. In order to give the public an 

opportunity to comment on this new 

information, EPA republished its receipt 

of this tolerance exemption petition 

filing with an updated and accurate 

description in the Federal Register of 

January 28, 2015 (80 FR 4525) (FRL– 

9921–55) and placed a revised petition 

from BASF Corporation into the docket. 

There were no comments received in 

response to the republished notice of 

filing. 

III. Final Rule 

A. EPA’s Safety Determination 

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

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(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. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance or tolerance exemption, 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. . . .’’ Additionally, FFDCA 

section 408(b)(2)(D) requires that EPA 

consider ‘‘available information 

concerning the cumulative effects of [a 

particular pesticide’s] . . . residues and 

other substances that have a common 

mechanism of toxicity.’’ 

EPA evaluated the available toxicity 

and exposure data on Trichoderma 

asperelloides strain JM41R and 

considered its validity, completeness, 

and reliability, as well as the 

relationship of this information to 

human risk. A full explanation of the 

data upon which EPA relied and its risk 

assessment based on that data can be 

found within the April 20, 2015, 

document entitled ‘‘Federal Food, Drug, 

and Cosmetic Act (FFDCA) 

Considerations for Trichoderma 

asperelloides strain JM41R.’’ This 

document, as well as other relevant 

information, is available in the docket 

for this action as described under 

ADDRESSES. Based upon its evaluation, 

EPA concludes that there is a reasonable 

certainty that no harm will result to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of Trichoderma asperelloides 

strain JM41R. Therefore, an exemption 

from the requirement of a tolerance is 

established for residues of Trichoderma 

asperelloides strain JM41R in or on all 

food commodities when used in 

accordance with label directions and 

good agricultural practices. 

B. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes for the 

reasons contained in the April 20, 2015, 

document entitled ‘‘Federal Food, Drug, 

and Cosmetic Act (FFDCA) 

Considerations for Trichoderma 

asperelloides strain JM41R’’ and 

because EPA is establishing an 

exemption from the requirement of a 

tolerance without any numerical 

limitation. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

EPA. 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 tolerance exemption in this action, 

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. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA 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, EPA 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 

EPA’s 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). 

V. 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. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Rules and Regulations 28203 

Dated: May 2, 2015. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

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. Add § 180.1331 to subpart D to read 

as follows: 

§ 180.1331 Trichoderma asperelloides 

strain JM41R; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Trichoderma asperelloides strain 

JM41R in or on all food commodities 

when used in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2015–11960 Filed 5–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WT Docket Nos. 13–238 and 13–32, WC 

Docket No. 11–59; FCC 14–153] 

Acceleration of Broadband 

Deployment by Improving Wireless 

Facilities Siting Policies 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, 

certain information collection 

requirements associated with the 

Commission’s Report and Order 

regarding the Acceleration of Broadband 

Deployment by Improving Wireless 

Facilities Siting Policies, FCC 14–153. 

This document is consistent with the 

Report and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing 

OMB approval and the effective date of 

the new information collection 

requirements. 

DATES: 47 CFR 1.40001(c)(3)(i), 

1.140001(c)(3)(iii), and 1.140001(c)(4), 

published at 80 FR 1238, January 8, 

2015, are effective on May 18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams by email at 

Cathy.Williams@fcc.gov and telephone 

at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 5, 

2015, OMB approved certain 

information collection requirements 

contained in the Commission’s Report 

and Order, FCC 14–153, published at 80 

FR 1238, January 8, 2015. The OMB 

Control Number is 3060–1208. The 

Commission publishes this document as 

an announcement of the effective date of 

these information collection 

requirements. 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on May 5, 2015, 

for the new information collection 

requirements contained in the 

Commission’s rules at 47 CFR 

1.40001(c)(3)(i), 1.140001(c)(3)(iii), and 

1.140001(c)(4). Under 5 CFR part 1320, 

an agency may not conduct or sponsor 

a collection of information unless it 

displays a current, valid OMB Control 

Number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1208. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1208. 

OMB Approval Date: May 5, 2015. 

OMB Expiration Date: May 31, 2018. 

Title: Acceleration of Broadband 

Deployment by Improving Wireless 

Facilities Siting Policies. 

Form Number: N/A. 

Respondents: Individuals or 

households, business or other for-profit 

entities, not-for-profit institutions and 

State, local or Tribal governments. 

Number of Respondents and 

Responses: 1,350 respondents; 3,597 

responses. 

Estimated Time per Response: .5 

hours to 1 hour. 

Frequency of Response: Third-party 

disclosure reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in Sections 1, 2, 4(i), 7, 201, 

301, 303, and 309 of the 

Communications Act of 1934, as 

amended, and Sections 6003, 6213, and 

6409(a) of the Middle Class Tax Relief 

and Job Creation Act of 2012, Pub. L. 

112–96, 126 Stat. 156, 47 U.S.C. 151, 

152, 154(i), 157, 201, 301, 303, 309, 

1403, 1433, and 1455(a). 

Total Annual Burden: 3,535 hours. 

Total Annual Cost: None. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Impact Assessment: This 

information collection may affect 

individuals or households. However, 

the information collection consists of 

third-party disclosures in which the 

Commission has no direct involvement. 

Personally identifiable information (PII) 

is not being collected by, made available 

to, or made accessible by the 

Commission. There are no additional 

impacts under the Privacy Act. 

Needs and Uses: The Commission 

requested OMB approval for new 

disclosure requirements pertaining to 

subpart CC of part 1 of the 

Commission’s rules. This subpart was 

adopted to implement and enforce 

Section 6409(a) of the Middle Class Tax 

Relief and Job Creation Act of 2012. 

Section 6409(a) provides, in part, that ‘‘a 

State or local government may not deny, 

and shall approve, any eligible facilities 

request for a modification of an existing 

wireless tower or base station that does 

not substantially change the physical 

dimensions of such tower or base 

station.’’ 47 U.S.C. 1455(a)(1). In subpart 

CC, the Commission adopted definitions 

of ambiguous terms, procedural 

requirements, and remedies to provide 

guidance to all stakeholders on the 

proper interpretation of the provision 

and to enforce its requirements, 

reducing delays in the review process 

for wireless infrastructure modifications 

and facilitating the rapid deployment of 

wireless infrastructure. 

The following are the information 

collection requirements in connection 

with subpart CC of part 1 of the 

Commission’s rules: 

• 47 CFR 1.40001(c)(3)(i)—To toll the 

60-day review timeframe on grounds 

that an application is incomplete, the 

reviewing State or local government 

must provide written notice to the 

applicant within 30 days of receipt of 

the application, clearly and specifically 

delineating all missing documents or 

information. Such delineated 

information is limited to documents or 

information meeting the standard under 

paragraph (c)(1) of Section 1.40001. 

• 47 CFR 1.40001(c)(3)(iii)— 

Following a supplemental submission 

from the applicant, the State or local 

government will have 10 days to notify 

the applicant in writing if the 

supplemental submission did not 

provide the information identified in 

the State or local government’s original 


asabaliauskas on DSK5VPTVN1PROD with RULES