Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 11969-11970 [2011-4922]
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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
exempted from review under Executive
Order 12866, this final rule 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 final rule 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 section 408(d) of FFDCA, 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 final rule 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 section 408(n)(4) of FFDCA. 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 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) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
EPA 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).
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11969
XI. Congressional Review Act
DEPARTMENT OF DEFENSE
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).
Defense Acquisition Regulations
System
List of Subjects in 40 CFR Part 180
APPENDIX A TO CHAPTER 2—
ARMED SERVICES BOARD OF
CONTRACT APPEALS
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 17, 2011.
Keith A. Matthews,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
48 CFR Chapter 2
Defense Federal Acquisition
Regulation Supplement; Appendix A,
Armed Services Board of Contract
Appeals, Part 2—Rules
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapter 2 (Parts 201 to
299), revised as of October 1, 2010, on
page 516, in Appendix A, above the
heading ‘‘Preface’’, the following
heading and text is added;
*
*
*
*
*
Part 2—Rules
Approved 15 July 1963.
Revised 1 May 1969.
Revised 1 September 1973.
Revised 30 June 1980.
*
*
*
*
*
[FR Doc. 2011–5074 Filed 3–3–11; 8:45 am]
BILLING CODE 1505–01–D
Therefore, 40 CFR chapter I is
amended as follows:
DEPARTMENT OF COMMERCE
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 § 180.1196, add paragraph (c) to
read as follows:
■
§ 180.1196 Peroxyacetic acid; exemption
from the requirement of a tolerance.
*
*
*
*
*
(c) An exemption from the
requirement of a tolerance is established
for residues of the biochemical pesticide
peroxyacetic acid and its metabolites
and degradates, including hydrogen
peroxide and acetic acid, in or on all
food commodities, when used in
accordance with good agricultural
practices.
[FR Doc. 2011–4773 Filed 3–3–11; 8:45 am]
BILLING CODE 6560–50–P
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National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 110111018–1095–02]
RIN 0648–XA109
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary emergency rule;
interim measures.
AGENCY:
NMFS is suspending directed
fishing for Pacific sardine off the coasts
of Washington, Oregon and California
through June 30, 2011. This action is
necessary because the proposed directed
harvest allocation total for Pacific
sardine the first seasonal period
(January 1–June 30) of 15,214 metric
tons (mt) is projected to be reached by
the effective date of this rule. Under this
rule, Pacific sardine may be harvested
only as part of the live bait fishery or
incidental to other fisheries; the
incidental harvest of Pacific sardine is
SUMMARY:
E:\FR\FM\04MRR1.SGM
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11970
Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES2
limited to 30-percent by weight of all
fish caught per trip. Vessels with Pacific
sardine catch must be at shore and in
the process of offloading at 12:01 a.m.
Pacific Standard Time (PST) on the date
of this closure. This rule is necessary to
help conserve and manage Pacific
sardine off the West Coast.
DATES: Effective 12:01 am PST, March 5,
2011, through June 30, 2011.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: Based on
the best available information recently
obtained from the fishery and
information on past effort, the proposed
2011 directed fishing harvest allocation
for Pacific sardine for the first period
(January 1–June 30) of fishing year 2011
has been reached. Accordingly, NMFS is
closing directed fishing for Pacific
sardine until the beginning of the next
fishing period for this species on July 1,
2011. Vessels with Pacific sardine catch
must be at shore and in the process of
offloading at the time of this closure.
From 12:01 a.m. on the date of closure
through June 30, 2011, Pacific sardine
may be harvested only as part of the live
bait fishery or incidental to other
fisheries, with the incidental harvest of
Pacific sardine limited to 30-percent by
weight of all fish caught during a trip.
This action is necessary to avoid
overfishing and ensure orderly
management of the 2011 Pacific sardine
fishery in anticipation of approval and
implementation of the 2011 Pacific
sardine annual specifications. NMFS
anticipates the second and third
allocation periods of the 2011 fishing
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13:26 Mar 03, 2011
Jkt 223001
season being managed under those
annual specifications.
NMFS manages the Pacific sardine
fishery in the U.S. exclusive economic
zone (EEZ) off the Pacific coast
(California, Oregon, and Washington)
under the Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq., in accordance with
the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP).
Additionally, the Magnuson-Stevens
Act provides that, where necessary to
prevent overfishing, NMFS may issue an
emergency rule to address the
overfishing concern (18 U.S.C. 1855(c)).
Each year, NMFS publishes annual
specifications in the Federal Register to
establish the harvest guideline (HG) and
seasonal allocations for each fishing
season (January 1–December 31). Per the
framework in the CPS FMP, if, during
any of the seasonal allocation periods,
the applicable adjusted directed harvest
allocation is projected to be taken, only
incidental harvest is allowed. These
seasonal allocations were established as
mechanisms to prevent overfishing and
provide equitable opportunity to the
resource.
The above in-season harvest
restrictions are not intended to affect the
prosecution of the live bait portion of
the Pacific sardine fishery.
Authority: 16 U.S.C. 1801 et seq.
Classification
This interim rule has been determined
to be not significant for purposes of
Executive Order 12866.
NMFS finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
PO 00000
Frm 00034
Fmt 4700
U.S.C. 553(b)(B) for the closure of the
directed harvest of Pacific sardine. For
the reasons set forth below, notice and
comment procedures are impracticable
and contrary to the public interest. For
the same reasons, NMFS also finds good
cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for this
action. This measure is necessary for the
conservation and management of the
Pacific sardine resource while the
rulemaking process for the 2011 Pacific
sardine annual specifications is
finalized. A delay in effectiveness of
this action would cause the fishery to
exceed a proposed seasonal allocation.
The seasonal allocation framework
established in the FMP is an important
mechanism to prevent overfishing, and
is designed to allow fair and equitable
opportunity to the resource by all
sectors of the Pacific sardine fishery.
Delaying the effective date of this rule
is therefore impracticable, because any
delay would decrease the Pacific
sardine stock. Delay is also contrary to
the public interest, because additional
reduction of Pacific sardine beyond the
incidental take limit set out in this
action would decrease the future stock
of the species, as well as harvest limits,
thereby reducing future potential catch
of the stock along with the profits
associated with those harvests.
Sfmt 9990
Dated: February 28, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–4922 Filed 3–1–11; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11969-11970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4922]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 110111018-1095-02]
RIN 0648-XA109
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary emergency rule; interim measures.
-----------------------------------------------------------------------
SUMMARY: NMFS is suspending directed fishing for Pacific sardine off
the coasts of Washington, Oregon and California through June 30, 2011.
This action is necessary because the proposed directed harvest
allocation total for Pacific sardine the first seasonal period (January
1-June 30) of 15,214 metric tons (mt) is projected to be reached by the
effective date of this rule. Under this rule, Pacific sardine may be
harvested only as part of the live bait fishery or incidental to other
fisheries; the incidental harvest of Pacific sardine is
[[Page 11970]]
limited to 30-percent by weight of all fish caught per trip. Vessels
with Pacific sardine catch must be at shore and in the process of
offloading at 12:01 a.m. Pacific Standard Time (PST) on the date of
this closure. This rule is necessary to help conserve and manage
Pacific sardine off the West Coast.
DATES: Effective 12:01 am PST, March 5, 2011, through June 30, 2011.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: Based on the best available information
recently obtained from the fishery and information on past effort, the
proposed 2011 directed fishing harvest allocation for Pacific sardine
for the first period (January 1-June 30) of fishing year 2011 has been
reached. Accordingly, NMFS is closing directed fishing for Pacific
sardine until the beginning of the next fishing period for this species
on July 1, 2011. Vessels with Pacific sardine catch must be at shore
and in the process of offloading at the time of this closure. From
12:01 a.m. on the date of closure through June 30, 2011, Pacific
sardine may be harvested only as part of the live bait fishery or
incidental to other fisheries, with the incidental harvest of Pacific
sardine limited to 30-percent by weight of all fish caught during a
trip. This action is necessary to avoid overfishing and ensure orderly
management of the 2011 Pacific sardine fishery in anticipation of
approval and implementation of the 2011 Pacific sardine annual
specifications. NMFS anticipates the second and third allocation
periods of the 2011 fishing season being managed under those annual
specifications.
NMFS manages the Pacific sardine fishery in the U.S. exclusive
economic zone (EEZ) off the Pacific coast (California, Oregon, and
Washington) under the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq., in accordance with the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP). Additionally, the
Magnuson-Stevens Act provides that, where necessary to prevent
overfishing, NMFS may issue an emergency rule to address the
overfishing concern (18 U.S.C. 1855(c)). Each year, NMFS publishes
annual specifications in the Federal Register to establish the harvest
guideline (HG) and seasonal allocations for each fishing season
(January 1-December 31). Per the framework in the CPS FMP, if, during
any of the seasonal allocation periods, the applicable adjusted
directed harvest allocation is projected to be taken, only incidental
harvest is allowed. These seasonal allocations were established as
mechanisms to prevent overfishing and provide equitable opportunity to
the resource.
The above in-season harvest restrictions are not intended to affect
the prosecution of the live bait portion of the Pacific sardine
fishery.
Classification
This interim rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS 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) for the closure of the directed harvest of
Pacific sardine. For the reasons set forth below, notice and comment
procedures are impracticable and contrary to the public interest. For
the same reasons, NMFS also finds good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in effectiveness for this action. This
measure is necessary for the conservation and management of the Pacific
sardine resource while the rulemaking process for the 2011 Pacific
sardine annual specifications is finalized. A delay in effectiveness of
this action would cause the fishery to exceed a proposed seasonal
allocation. The seasonal allocation framework established in the FMP is
an important mechanism to prevent overfishing, and is designed to allow
fair and equitable opportunity to the resource by all sectors of the
Pacific sardine fishery. Delaying the effective date of this rule is
therefore impracticable, because any delay would decrease the Pacific
sardine stock. Delay is also contrary to the public interest, because
additional reduction of Pacific sardine beyond the incidental take
limit set out in this action would decrease the future stock of the
species, as well as harvest limits, thereby reducing future potential
catch of the stock along with the profits associated with those
harvests.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 28, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011-4922 Filed 3-1-11; 4:15 pm]
BILLING CODE 3510-22-P
