Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 of the Gulf of Alaska, 50145-50146 [E9-23578]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
sroberts on DSKD5P82C1PROD with RULES
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 section 408(d) of FFDCA, such as
the tolerance 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 final rule 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 section 408(n)(4) of FFDCA. 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 final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104–4).
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 of 1995
(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).
VerDate Nov<24>2008
14:46 Sep 29, 2009
Jkt 217001
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 22, 2009.
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 180.565 is amended by:
a. Revising the introductory text in
paragraph (a).
b. Removing the entries for bushberry
subgroup 13B; caneberry subgroup 13A;
grape; Juneberry; lingonberry; salal;
strawberry; and vegetable, root, except
sugar beet, subgroup 1B from the table
in paragraph (a).
c. Revising the existing entries for
cattle, meat byproducts; goat, meat
byproducts; horse, meat byproducts;
and sheep, meat byproducts in the table
in paragraph (a).
d. By alphabetically adding entries for
avocado; berry, low growing, subgroup
13-07G, except cranberry; bushberry
subgroup 13-07B, except lingonberry
and blueberry, lowbush; caneberry
subgroup 13-07A; canistel; fruit, small,
vine climbing, subgroup 13-07F, except
fuzzy kiwifruit; mango; papaya; rice,
grain; sapodilla; sapote, black; sapote,
mamey; star apple; vegetable, root,
subgroup 1A; to the table in paragraph
(a) to read as follows:
■
§ 180.565 Thiamethoxam; tolerances for
residues.
(a) Tolerances are established for
residues of the insecticide
thiamethoxam, including its metabolites
and degradates, in or on the following
commodities. Compliance with the
tolerance levels specified below is to be
determined by measuring only
thiamethoxam (3-[(2-chloro-5thiazolyl)methyl]tetrahydro-5-methyl-Nnitro-4H-1,3,5-oxadiazin-4-imine) and
its metabolite CGA-322704 [N-(2-chlorothiazol-5-ylmethyl)-N’-methyl-N’-nitroguanidine], calculated as the
stoichiometric equivalent of
thiamethoxam, in or on the following
commodities:
Commodity
*
*
*
Avocado ..........................
PO 00000
Frm 00041
Fmt 4700
Commodity
*
*
*
Berry, low growing, subgroup 13-07G, except
cranberry .....................
*
*
*
Bushberry subgroup 1307B, except
lingonberry and blueberry, lowbush .............
Caneberry subgroup 1307A ..............................
Canistel ...........................
*
*
*
Cattle, meat byproducts
*
*
*
Fruit, small, vine climbing, subgroup 13-07F,
except fuzzy kiwifruit ...
*
*
*
Goat, meat byproducts ...
*
*
*
Horse, meat byproducts
*
*
*
Mango .............................
*
*
*
Papaya ............................
*
*
*
Rice, grain ......................
*
*
*
Sapodilla .........................
*
*
*
Sapote, black ..................
Sapote, mamey ..............
Sheep, meat byproducts
*
*
*
Star apple .......................
*
*
*
Vegetable, root, subgroup 1A .....................
*
*
*
50145
Parts per million
*
*
*
*
0.30
0.20
0.35
0.40
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
0.04
0.20
0.04
0.04
0.40
0.40
0.02
0.40
0.40
0.40
0.04
*
*
*
*
*
*
0.40
0.05
[FR Doc. E9–23628 Filed 9–29–09; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XR90
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 620 of the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification
of a closure.
SUMMARY: NMFS is reopening directed
fishing for pollock in Statistical Area
Parts per million
620 of the Gulf of Alaska (GOA). This
action is necessary to fully use the C
*
*
0.40 season allowance of the 2009 total
Sfmt 4700
E:\FR\FM\30SER1.SGM
30SER1
sroberts on DSKD5P82C1PROD with RULES
50146
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations
allowable catch (TAC) of pollock
specified for Statistical Area 620 of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 29, 2009,
through 1200 hrs, A.l.t., October 1,
2009. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., October 15, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by [RIN 0648XR90], by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS closed the directed fishery for
pollock in Statistical Area 620 of the
GOA under § 679.20(d)(1)(iii) on August
31, 2009 (74 FR 44772, August 31,
2009).
NMFS has determined that
approximately 2,048 mt of pollock
remain in the directed fishing allowance
VerDate Nov<24>2008
14:46 Sep 29, 2009
Jkt 217001
in Statistical Area 620 of the GOA.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C) and
(a)(2)(iii)(D), and to fully utilize the C
season allowance of the 2009 TAC of
pollock in Statistical Area 620, NMFS is
terminating the previous closure and is
reopening directed fishing for pollock in
Statistical Area 620 of the GOA. This
will enhance the socioeconomic wellbeing of harvesters dependent upon
pollock in this area. The Administrator,
Alaska Region (Regional Administrator)
considered the following factors in
reaching this decision: (1) the current
catch of pollock by the GOA trawl sector
and, (2) the harvest capacity and stated
intent on future harvesting patterns of
vessels in participating in this fishery.
In accordance with § 679.20(d)(1)(iii),
the Regional Administrator finds that
this directed fishing allowance will be
reached after 48 hours. Consequently,
NMFS is prohibiting directed fishing for
pollock in Statistical Area 620 of the
GO, effective 1200 hrs, A.l.t., October 1,
2009.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and 679.25(c)(1)(ii) as
such requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
opening of pollock in Statistical Area
620 of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of September 24, 2009.
The AA also finds good cause to
waive the 30–day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
pollock in Statistical Area 620 of the
GOA to be harvested in an expedient
manner and in accordance with the
regulatory schedule. Under
§ 679.25(c)(2), interested persons are
invited to submit written comments on
this action to the above address until
October 15, 2009.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
This action is required by§ 679.20 and
§ 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–23578 Filed 9–25–09; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0910091344–9056–02]
RIN 0648–XR91
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 of the Gulf of Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification
of a closure.
SUMMARY: NMFS is reopening directed
fishing for pollock in Statistical Area
630 of the Gulf of Alaska (GOA). This
action is necessary to fully use the C
season allowance of the 2009 total
allowable catch (TAC) of pollock
specified for Statistical Area 630 of the
GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 29, 2009,
through 1200 hrs, A.l.t., October 1,
2009. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., October 15, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by [RIN], by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
E:\FR\FM\30SER1.SGM
30SER1
Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Rules and Regulations]
[Pages 50145-50146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23578]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0910091344-9056-02]
RIN 0648-XR90
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
Statistical Area 620 of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; modification of a closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is reopening directed fishing for pollock in Statistical
Area 620 of the Gulf of Alaska (GOA). This action is necessary to fully
use the C season allowance of the 2009 total
[[Page 50146]]
allowable catch (TAC) of pollock specified for Statistical Area 620 of
the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 29,
2009, through 1200 hrs, A.l.t., October 1, 2009. Comments must be
received at the following address no later than 4:30 p.m., A.l.t.,
October 15, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by [RIN
0648-XR90], by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at https://www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to https://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679.
NMFS closed the directed fishery for pollock in Statistical Area
620 of the GOA under Sec. 679.20(d)(1)(iii) on August 31, 2009 (74 FR
44772, August 31, 2009).
NMFS has determined that approximately 2,048 mt of pollock remain
in the directed fishing allowance in Statistical Area 620 of the GOA.
Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C) and
(a)(2)(iii)(D), and to fully utilize the C season allowance of the 2009
TAC of pollock in Statistical Area 620, NMFS is terminating the
previous closure and is reopening directed fishing for pollock in
Statistical Area 620 of the GOA. This will enhance the socioeconomic
well-being of harvesters dependent upon pollock in this area. The
Administrator, Alaska Region (Regional Administrator) considered the
following factors in reaching this decision: (1) the current catch of
pollock by the GOA trawl sector and, (2) the harvest capacity and
stated intent on future harvesting patterns of vessels in participating
in this fishery.
In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance will be
reached after 48 hours. Consequently, NMFS is prohibiting directed
fishing for pollock in Statistical Area 620 of the GO, effective 1200
hrs, A.l.t., October 1, 2009.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) and 679.25(c)(1)(ii) as such requirement is
impracticable and contrary to the public interest. This requirement is
impracticable and contrary to the public interest as it would prevent
NMFS from responding to the most recent fisheries data in a timely
fashion and would delay the opening of pollock in Statistical Area 620
of the GOA. NMFS was unable to publish a notice providing time for
public comment because the most recent, relevant data only became
available as of September 24, 2009.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
Without this inseason adjustment, NMFS could not allow the fishery
for pollock in Statistical Area 620 of the GOA to be harvested in an
expedient manner and in accordance with the regulatory schedule. Under
Sec. 679.25(c)(2), interested persons are invited to submit written
comments on this action to the above address until October 15, 2009.
This action is required bySec. 679.20 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-23578 Filed 9-25-09; 4:15 pm]
BILLING CODE 3510-22-S