46306 Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Rules and Regulations 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: July 27, 2012. 

Lois Rossi, 

Director, Registration Division, 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. Section 180.478 is amended by 

alphabetically adding the following 

entries to the table in paragraph (a) to 

read as follows: 

§ 180.478 Rimsulfuron; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Chicory, roots ....................... 0.01 

Chicory, tops ......................... 0.01 

* * * * * 

* * * * * 

[FR Doc. 2012–19062 Filed 8–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0421; FRL–9355–6] 

Fluxapyroxad; Pesticide Tolerances 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of May 14, 2012, 

concerning the establishment of 

pesticide tolerances for the new 

fungicide active ingredient 

fluxapyroxad. Inadvertently, the 

terminology for the oilseed crop group 

and for dried plums was incorrect. This 

technical amendment is being issued to 

correct the terminology. 

DATES: This final rule is effective August 

3, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0421; 

FRL–9355–6, is available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the OPP Docket in the Environmental 

Protection Agency Docket Center (EPA/ 

DC), located in EPA West, 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: Olga 

Odiott, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9369; email address: 

odiott.olga@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What does this technical correction 

do? 

In the Federal Register of May 14, 

2012 (77 FR 28270) (FRL–9346–7), EPA 

issued a final rule establishing 

tolerances for the new fungicide active 

ingredient fluxapyroxad (40 CFR 

180.666) in or on various commodities. 

Inadvertently, the commodity 

terminology for the oilseed crop group 

and for dried plums was incorrectly 

expressed. This document is being 

issued to correct the terminology for 

these commodities. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical amendment 

final without prior proposal and 

opportunity for comment, because this 

technical amendment only revises the 

terminology of two (2) commodities, 

with no other related changes to 

tolerance levels or any requirements of 

the final rule. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

IV. Do any of the statutory and 

Executive Order reviews apply to this 

action? 

This technical amendment only 

revises the terminology of two 

commodities and does not otherwise 

change the original requirements of the 

final rule. As a technical amendment, 

this action is not subject to the statutory 

and Executive Order review 

requirements. For information about the 

statutory and Executive Order review 

requirements as they relate to the final 

rule, see Unit VI. in the Federal Register 

of May 14, 2012 (77 FR 28270) (FRL– 

9346–7). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

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Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Rules and Regulations 46307 

1See 5 U.S.C. 801(a)(1)(A). The Congressional 

Review Act is contained in Title II, 251, of the 

CWAAA; see Public Law 104–121, Title II, 251, 110 

Stat. 868. 

2See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(‘‘SBREFA’’), Public Law 104–121, Title II, 110 Stat. 

847 (1996). The SBREFA was enacted as Title II of 

the Contract With America Advancement Act of 

1996 (‘‘CWAAA’’). 

3 47 U.S.C. 159(a). 

4Omnibus Appropriations Act of 2009, Public 

Law 111–8, 123 Stat. 524, 657 (2009). 

5Consolidated Appropriations Act of 2012, 

Public Law 112–74, Div. C, Title V (December 23, 

2011). 

6 In FY 2011, the Commission’s collection target 

goal was $335,794,000, and it collected $342.04 

million through September 30, 2011. Any over 

collection amount is unavailable for obligation 

pursuant to Public Law 112–74 (HR 2055), 

Consolidated Appropriations Act of 2012, page 124. 

7The Commission also expects to release in the 

near future a Notice of Proposed Rulemaking that 

will propose to update our current cost allocation 

percentages and revise our cost allocation 

methodology. We expect to implement any changes 

that result from this rulemaking in FY 2013; they 

do not affect the fees set in this FY 2012 Report and 

Order. 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Agricultural commodities, Pesticides 

and pest. 

Dated: July 23, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR part 180 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. In § 180.666, by removing the 

entries for ‘‘Oilseeds, group 20’’ and 

‘‘Plum, prune’’ and adding in their place 

entries for ‘‘Oilseeds, group 20 (except 

cottonseed)’’ and ‘‘Plum, prune, dried’’ 

in the table to paragraph (a) to read as 

follows: 

§ 180.666 Fluxapyroxad; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Oilseeds, group 20 (except cottonseed) .................................. 0.9 

* * * * * 

Plum, prune, dried ...................... 3.0 

* * * * * 

* * * * * 

[FR Doc. 2012–18507 Filed 8–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 12–116; FCC 12–76] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2012 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission revises its 

Schedule of Regulatory Fees to recover 

an amount of $339,844,000 that 

Congress has required the Commission 

to collect for fiscal year 2012. Section 9 

of the Communications Act of 1934, as 

amended, provides for the annual 

assessment and collection of regulatory 

fees under sections 9(b)(2) and 9(b)(3), 

respectively, for annual ‘‘Mandatory 

Adjustments’’ and ‘‘Permitted 

Amendments’’ to the Schedule of 

Regulatory Fees. 

DATES: Effective September 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Roland Helvajian, Office of Managing 

Director at (202) 418–0444. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O), FCC 12–76, MD 

Docket No. 12–116, adopted on July 13, 

2012 and released on July 19, 2012. 

I. Procedural Matters 

A. Final Paperwork Reduction Act 

1. This Report and Order does not 

contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

B. Congressional Review Act Analysis 

2. The Commission will send a copy 

of this Report and Order to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act.1

C. Final Regulatory Flexibility Analysis 

3. As required by the Regulatory 

Flexibility Act of 1980 (‘‘RFA’’),2 the 

Commission has prepared a Final 

Regulatory Flexibility Analysis 

(‘‘FRFA’’) relating to this Report and 

Order. The FRFA is set forth in the 

section entitled Final Regulatory 

Flexibility Analysis. 

II. Introduction and Summary 

4. In this Report and Order, we 

conclude the process of assessing and 

collecting regulatory fees for Fiscal Year 

(‘‘FY’’) 2012 to collect $339,844,000 in 

regulatory fees for FY 2012. Section 

9(a)(1) of the Communications Act of 

1934, as amended (the ‘‘Act’’) directs 

the Commission to collect regulatory 

fees ‘‘to recover the costs of * * * 

enforcement activities, policy and 

rulemaking activities, user information 

services, and international activities.’’ 3

Section 9(a)(2) stipulates that regulatory 

fees for the enumerated activities ‘‘shall 

be collected only if, and only in the total 

amounts, required in Appropriation 

Acts,’’ and must ‘‘be established in 

amounts that will result in collection, 

during each fiscal year, of any amount 

that can reasonably be expected to equal 

the amount appropriated’’ for the 

performance of the activities 

enumerated in section 9(a)(1) during 

that fiscal year. Since FY 2009, Congress 

has directed the Commission to assess 

and collect regulatory fees in an amount 

equal to the entire amount 

appropriated.4 Congress appropriated 

$339,844,000 for the Commission in FY 

2012,5 and the regulatory fees 

established in this FY 2012 Report and 

Order are calculated so as to collect this 

entire amount.6 In this annual 

regulatory fee proceeding, we retain 

many of the current methods, policies, 

and procedures for collecting section 9 

regulatory fees adopted by the 

Commission in prior years. Consistent 

with our established practice, we intend 

to collect these regulatory fees during a 

September 2012 filing window in order 

to collect the required amount by the 

end of our fiscal year.7

5. In this FY 2012 Report and Order, 

we address the following issues: (1) 

Incorporating 2010 Census data into our 

broadcast population data, (2) assessing 

a regulatory fee for each broadcasting 

facility operating either in an analog or 

digital mode (but not both) for Low 

Power, Class A, and TV Translators/ 

Boosters, (3) maintaining the FY 2012 

Interstate Telecommunications Service 

Provider (ITSP) fee rate at the same level 

as in FY 2011, (4) using an online filing 

system for the filing of requests for a 

refund, waiver, fee reduction, or 

deferment of payment of an application 

or regulatory fee, (5) maintaining the 

Commercial Mobile Radio Service 

(‘‘CMRS’’) Messaging Service at the rate 

of $.08 per subscriber, and (6) the 

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