Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9217 

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 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). 

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. 

Dated: February 4, 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 § 180.1329 to subpart D to read 

as follows: 

§ 180.1329 Bacillus subtilis strain IAB/

BS03, exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Bacillus subtilis strain IAB/BS03 in or 

on all food commodities when used in 

accordance with label directions and 

good agricultural practices. 

[FR Doc. 2015–03465 Filed 2–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 171, 172, 173, and 175 

[Docket No. PHMSA–2009–0095 (HM–224F)] 

RIN 2137–AE44 

Hazardous Materials: Transportation of 

Lithium Batteries 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: PHMSA is extending for 

modes of transportation other than air 

the mandatory compliance date of a 

final rule published on August 6, 2014, 

under Docket No. HM–224F from 

February 6, 2015, until August 7, 2015. 

This extension is made in response to 

formal comments received from 

multiple stakeholders outlining 

challenges faced by the regulated 

community in fully implementing the 

provisions of the final rule by the 

February 6, 2015 mandatory compliance 

date. 

DATES: The compliance date for the final 

rule published August 6, 2014, at 79 FR 

46012, is extended until August 7, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Vincent Babich or Steven Webb 

Standards and Rulemaking Division, 

Pipeline and Hazardous Materials Safety 

Administration, telephone (202) 366– 

8553. 

SUPPLEMENTARY INFORMATION: On August 

6, 2014 [79 FR 46012], PHMSA in 

consultation with the Federal Aviation 

Administration (FAA) published a final 

rule under Docket No. PHMSA–2009– 

0095 (HM–224F) modifying 

requirements governing the 

transportation of lithium cells and 

batteries. The final rule revised hazard 

communication and packaging 

provisions for lithium batteries to 

harmonize the Hazardous Materials 

Regulations (HMR; CFR parts 171–180) 

with applicable provisions of the United 

Nations (UN) Model Regulations, the 

International Civil Aviation 

Organization’s Technical Instructions 

for the Safe Transport of Dangerous 

Goods by Air (ICAO Technical 

Instructions) and the International 

Maritime Dangerous Goods (IMDG) 

Code. In the August 6, 2014 final rule, 

PHMSA authorized a mandatory 

compliance date of February 6, 2015 (six 

months after publication in the Federal 

Register) for shippers to incorporate the 

new requirements into standard 

operating procedures and complete 

training of affected personnel. 

The Retail Industry Leaders 

Association, the Food Marketing 

Institute, the National Retail Federation, 

and the Rechargeable Battery 

Association submitted a joint request for 

an extension of six months to the 

current mandatory compliance date. 

These groups contend that the six 

month transitional period adopted in 

the final rule did not provide sufficient 

time to comply with the new 

requirements and has proven extremely 

challenging for the retail industry to 

implement in particular for surface 

transportation. The request notes that 

‘‘generally, the new regulations require 

that domestic ground shipments of 

products with lithium batteries adhere 

to shipping standards previously only 

required for international air and sea 

transportation’’. The groups further note 

that the detailed information necessary 

for compliance, such as the specific 


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9218 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 

number of lithium cells or batteries 

contained in a package and whether a 

package contains lithium ion or lithium 

metal cells or batteries, as required by 

§ 173.185(c)(3), does not currently exist 

in any format that the retail sector can 

access and utilize. In addition the 

requestors state that tens of thousands of 

consumer products may be impacted by 

the rule, and estimate that to date, the 

necessary information has been 

obtained from retail suppliers for less 

than 25% of the affected products. 

Furthermore, they relate that since 

August 2014, retail businesses and their 

suppliers have been working diligently 

to develop information technology (IT) 

systems and business processes to 

identify consumer products impacted by 

the regulation. Systematic solutions are 

being developed but will take additional 

time to implement. They estimate that a 

minimum of six additional months is 

necessary to identify all affected 

products and build the IT infrastructure 

necessary to effectively implement the 

regulations. Finally, the commenters 

point out that the new provisions 

require the developing, tracking, and 

implementing of training programs for 

hundreds of thousands of employees to 

enable them to execute the nuanced 

marking and labeling requirements of 

the final rule. 

PHMSA appreciates the additional 

information submitted and has reviewed 

the information in conjunction with the 

information considered during the 

rulemaking process. Based on this 

review, PHMSA believes the additional 

arguments and justification provided by 

the commenters have merit and that an 

extension of the mandatory compliance 

date for modes of transportation other 

than aircraft is warranted. PHMSA 

recognizes that the primary focus of the 

HM–224F final rulemaking as outlined 

in published notices preceding the final 

rule was to align the requirements of the 

HMR for air transportation of lithium 

batteries with those of the ICAO 

Technical Instructions. PHMSA believes 

that maintaining the February 6, 2015 

compliance date for air transport is 

appropriate and important for aviation 

safety and is therefore maintaining the 

February 6, 2015 effective date for 

offering, acceptance, and transportation 

by aircraft. Therefore, in consultation 

with the FAA and consistent with the 

information set forth in the joint 

request, this extension does not apply to 

transportation by aircraft. In the event 

an air carrier becomes aware of a noncompliant shipment offered to it, the air 

carrier should report the incident to the 

FAA in addition to taking specific 

actions required by the regulations as to 

that shipment. For questions regarding 

reporting of such incidents, carriers may 

contact the nearest FAA Regional or 

Field Security Office by telephone or 

electronically. 

In summary, in response to 

commenters’ requests PHMSA is 

extending the mandatory compliance 

date for the final rule published under 

Docket No. HM–224F on August 6, 

2014, until August 7, 2015 for all modes 

other than transportation by aircraft to 

allow additional time to implement the 

requirements of the rule. The mandatory 

compliance date of February 6, 2015 

remains in effect with respect to 

offering, acceptance and transportation 

by aircraft. 

Issued in Washington, DC, on February 13, 

2015 under authority delegated in 49 CFR 

1.97. 

Timothy P. Butters, 

Acting Administrator. 

[FR Doc. 2015–03500 Filed 2–19–15; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2014–0059; 

FXES11130900000C2–156–FF09E42000] 

RIN 1018–BA64 

Endangered and Threatened Wildlife 

and Plants; Reinstatement of Final 

Rules for the Gray Wolf in Wyoming 

and the Western Great Lakes in 

Compliance With Court Orders 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are issuing 

this final rule to comply with court 

orders that reinstate the regulatory 

protections under the Endangered 

Species Act of 1973, as amended (ESA), 

for the gray wolf (Canis lupus) in 

Wyoming and the western Great Lakes. 

Pursuant to the U.S. District Court for 

the District of Columbia court order 

dated September 23, 2014, this rule 

reinstates the April 2, 2009 (74 FR 

15123), final rule regulating the gray 

wolf in the State of Wyoming as a 

nonessential experimental population. 

Gray wolves in Montana, Idaho, the 

eastern third of Washington and Oregon, 

and north-central Utah retain their 

delisted status and are not impacted by 

this final rule. In addition, pursuant to 

the U.S. District Court for the District of 

Columbia court order dated December 

19, 2014, this rule reinstates the March 

9, 1978 (43 FR 9607), final rule as it 

relates to gray wolves in the western 

Great Lakes including endangered status 

for gray wolves in all of Wisconsin and 

Michigan, the eastern half of North 

Dakota and South Dakota, the northern 

half of Iowa, the northern portions of 

Illinois and Indiana, and the 

northwestern portion of Ohio; 

threatened status for gray wolves in 

Minnesota; critical habitat for gray 

wolves in Minnesota and Michigan; and 

the rule promulgated under section 4(d) 

of the ESA for gray wolves in 

Minnesota. 

DATES: This action is effective February 

20, 2015. The September 23, 2014, court 

order reinstated the April 2, 2009, final 

rule designating the gray wolf in 

Wyoming as a nonessential 

experimental population immediately 

upon its filing. The court order 

regarding wolves in the western Great 

Lakes had legal effect immediately upon 

its filing on December 19, 2014. The 

Director has further determined, 

pursuant to 5 U.S.C. 553(d), that the 

Service has good cause to make this rule 

effective upon publication. 

ADDRESSES: This final rule is available: 

• Electronically at http://

www.regulations.gov in Docket No. 

FWS–R6–ES–2014–0059; 

• From U.S. Fish and Wildlife 

Service, Mountain-Prairie Region Office, 

Ecological Services Division, 134 Union 

Blvd., Lakewood, CO 80228; telephone 

303–236–7400; or 

• From U.S. Fish and Wildlife 

Service, Midwest Region Office, 5600 

American Blvd. West, Suite 990, 

Bloomington, MN 55437; telephone 

612–713–5360. 

Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

FOR FURTHER INFORMATION CONTACT: For 

information on wolves in Wyoming, 

contact Mike Jimenez, Northern Rocky 

Mountains Gray Wolf Recovery 

Coordinator, U.S. Fish and Wildlife 

Service, P.O. Box 8135, Missoula, MT 

59807; by telephone 307–330–5631. For 

information on wolves in the western 

Great Lakes, contact Laura Ragan, 

Regional Listing Coordinator, U.S. Fish 

and Wildlife Service, 5600 American 

Blvd. West, Suite 990, Bloomington, MN 

55437; by telephone 612–713–5350. 

Individuals who are hearing-impaired or 

speech-impaired may call the Federal 

Relay Service at 800–877–8337 for TTY 

assistance. 

SUPPLEMENTARY INFORMATION: 


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