75430 Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations 

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 

etoxazole in or on citrus fruits at 0.1 

ppm. EPA is establishing a tolerance for 

residues in or on orange of 0.10 ppm in 

order to harmonize with the Codex 

MRL. 

C. Revisions to Petitioned-For 

Tolerances 

EPA has revised the proposed 

tolerance levels for orange and orange 

oil from 0.08 and 1.8 ppm to 0.10 and 

1.0 ppm, respectively. EPA is 

establishing a tolerance of 0.10 ppm for 

orange in order to harmonize with the 

Codex MRL. Additionally, based on the 

orange raw agricultural commodity 

highest-average field-trial residue of 

0.048 ppm and the median orange oil 

processing factor of 20x, EPA is 

establishing a tolerance for orange, oil at 

1.0 ppm. In addition, EPA is revising 

the commodity terms for orange oil to 

read as orange, oil to be consistent with 

the Agency’s commodity vocabulary. 

V. Conclusion 

Therefore, tolerances are established 

for residues of etoxazole (2-(2,6- 

difluorophenyl)-4-[4-(1,1- 

dimethylethyl)-2-ethoxyphenyl]-4,5- 

dihydrooxazole), in or on orange and 

orange, oil at 0.10 ppm and 1.0 ppm, 

respectively. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 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 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). 

VII. 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: November 23, 2015. 

Susan Lewis, 

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. In § 180.593, add alphabetically the 

following commodities and footnote 2 to 

the table in paragraph (a) to read as 

follows: 

§ 180.593 Etoxazole; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Orange 2 ...................................... 0.10 

Orange, oil 2 ................................ 1.0 

* * * * * 

2There are no U.S. registrations for orange 

and orange, oil as of December 2, 2015. 

* * * * * 

[FR Doc. 2015–30513 Filed 12–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0804; FRL–9937–02] 

Hexythiazox; Pesticide Tolerances; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of August 14, 2015, 

concerning the establishment of 

tolerances with regional registrations for 

residues of hexythiazox in or on wheat. 

This document corrects a technical 

error, specifically, the omission of 

regions in the commodity definitions. 

DATES: This final rule correction is 

effective December 2, 2015. 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 231 / Wednesday, December 2, 2015 / Rules and Regulations 75431 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0804 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; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the August 

14, 2015 final rule a list of those who 

may be potentially affected by this 

action. 

II. What does this technical correction 

do? 

EPA issued a final rule in the Federal 

Register of August 14, 2015 (80 FR 

48753) (FRL–9931–30) that established 

tolerances with regional registrations for 

residues of hexythiazox in or on wheat. 

EPA inadvertently limited the 

tolerances to Region 11 in the table in 

180.448(c) of the regulatory text, when 

in fact Regions 9–12 are covered by the 

data supporting the tolerances and the 

regional registrations. This technical 

correction revises the table in 180.488(c) 

to include all the regions intended for 

the tolerances. 

The preamble for FR Doc. 2015–20012 

published in the Federal Register issue 

of August 14, 2015 (80 FR 48753) (FRL– 

9931–30) is corrected as follows: 

1. On page 48757, second column, 

under the heading ‘‘Part 180— 

[Amended]’’, paragraph 3, line 12, 

correct ‘‘Wheat, forage (EPA Region 11 

only)’’ to read ‘‘Wheat, forage (EPA 

Regions 9–12 only)’’. 

2. On page 48757, second column, 

under the heading ‘‘Part 180— 

[Amended]’’, paragraph 3, line 14, 

correct ‘‘Wheat, hay (EPA Regions 11 

only)’’ to read ‘‘Wheat, hay (EPA 

Regions 9–12 only)’’. 

3. On page 48757, second column, 

under the heading ‘‘Part 180— 

[Amended],’’ paragraph 3, line 16, 

correct ‘‘Wheat, grain (EPA Regions 11 

only’’ to read ‘‘Wheat, grain (EPA 

Regions 9–12 only)’’. 

4. On page 48757, second column, 

under the heading ‘‘Part 180— 

[Amended],’’ paragraph 3, line 18, 

correct ‘‘Wheat, straw (EPA Region 11 

only’’ to read ‘‘Wheat, straw (EPA 

Regions 9–12 only)’’. 

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 correction 

final without prior proposal and 

opportunity for comment, because this 

action merely corrects an omission and 

does not otherwise change the original 

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? 

No. For a detailed discussion 

concerning the statutory and executive 

order review, refer to Unit VI of the 

August 14, 2015 final rule. 

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: November 23, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR part 180 is 

corrected 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 § 180.448(c), remove the 

commodities ‘‘Wheat, forage (EPA 

Region 11 only)’’, ‘‘Wheat, grain (EPA 

Region 11 only)’’, ‘‘Wheat, hay (EPA 

Region 11 only)’’, and ‘‘Wheat, straw 

(EPA Region 11 only)’’; and add in 

alphabetical order the commodities 

listed below to read as follows: 

§ 180.448 Hexythiazox; tolerances for 

residues. 

* * * * * 

(c) * * * 

Commodity Parts per 

million 

Wheat, forage (EPA Regions 9– 

12 only) ................................... 6.0 

Wheat, grain (EPA Regions 9– 

12 only) ................................... 0.02 

Wheat, hay (EPA Regions 9–12 

only) ........................................ 30 

Wheat, straw (EPA Regions 9– 

12 only) ................................... 8.0 

[FR Doc. 2015–30514 Filed 12–1–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 73 

[GN Docket No. 12–268; FCC 14–50] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that, the Office 

of Management and Budget (OMB) 

approved, on an emergency basis, for a 

period for six months, an information 

collection for FCC Form 177, 

Application to Participate in a Reverse 

Incentive Auction, and certain 

Commission’s rules contained in the 

Report and Order, Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions, FCC 14–50. 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 

rules and requirements. 


jstallworth on DSK7TPTVN1PROD with RULES