Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure, 8749-8750 [2012-3543]

Download as PDF 8749 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations VI. Statutory and Executive Order Reviews This final rule establishes tolerances under section 408(d) of FFDCA 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 final rule has been 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 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 VerDate Mar<15>2010 14:28 Feb 14, 2012 Jkt 226001 Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 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). 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 1, 2012. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. R-enantiomer, (R)-methyl 7-chloro-2,5dihydro-2-[[(methoxycarbonyl)[4(trifluoromethoxy) phenyl]amino]carbonyl]indeno [1,2-e] [1,3,4] oxadiazine-4a(3H)-carboxylate, and the metabolites: IN–JT333, methyl 7-chloro-2,5-dihydro-2-[[[4(trifluoromethoxy)phenyl]amino]carbonyl]indeno[1,2e][1,3,4]oxadiazine-4a(3H)-carboxylate; IN–KT319, (E)-methyl 5-chloro-2,3,dihydro-2-hydroxy-1[[[(methoxycarbonyl)[4(trifluoromethoxy)phenyl]amino]carbonyl]hydrazono]-1H-indene-2carboxylate; IN–JU873, methyl 5-chloro2,3-dihydro-2-hydroxy-1-[[[[4(triflurormethoxy)phenyl]amino]carbonyl]hydrazono]-1Hindene-2-carboxylate; IN–KG433, methyl 5-chloro-2,3,-dihydro-2hydroxy-1-[[[(methoxycarbonyl)[4(trifluoromethoxy)phenyl] amino]carbonyl]-hydrazono]-1 2-carboxylate; and IN–KB687, methyl [4-(trifluoromethoxy)phenyl]carbamate, calculated as the stoichiometric equivalent of indoxacarb in the commodity. Parts per million Commodity Egg ............................................. Poultry, fat .................................. Poultry, meat .............................. Poultry, meat byproducts ............ * * * * 0.20 0.20 0.06 0.06 * [FR Doc. 2012–3157 Filed 2–14–12; 8:45 am] Therefore, 40 CFR chapter I is amended as follows: BILLING CODE 6560–50–P PART 180—[AMENDED] DEPARTMENT OF COMMERCE 1. The authority citation for part 180 continues to read as follows: National Oceanic and Atmospheric Administration ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Section 180.564 is amended by adding the designation ‘‘(1)’’ after the heading ‘‘General’’ in paragraph (a), and by adding paragraph (a)(2) to read as follows: ■ § 180.564 Indoxacarb; tolerances for residues. (a) General. (1) * * * (2) Tolerances are established for residues of indoxacarb, including its metabolites and degradates, in or on the commodities in the table below. Compliance with the tolerance levels specified below is to be determined by measuring only the sum of indoxacarb, (S)-methyl-7-chloro-2,5-dihydro-2[[(methoxycarbonyl)[4(trifluoromethoxy)phenyl]amino]carbonyl]indeno[1,2e] [1,3,4]oxadiazine-4a(3H)-carboxylate, its PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XA989 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the commercial sector for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the golden tilefish resource. SUMMARY: E:\FR\FM\15FER1.SGM 15FER1 8750 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations This rule is effective 12:01 a.m., local time, February 17, 2012, until 12:01 a.m., local time, January 1, 2013. DATES: FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727–824– 5305, email: Catherine.Bruger@noaa.gov. The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. The commercial quota for golden tilefish in the South Atlantic is 282,819 lb (128,284 kg) for the current fishing year, January 1 through December 31, 2012, as specified in 50 CFR 622.42(e)(2). Under 50 CFR 622.43(a), NMFS is required to close the commercial sector for golden tilefish when its quota has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial quota for South Atlantic golden tilefish will have been reached by February 17, 2012. Accordingly, the commercial sector for South Atlantic golden tilefish is closed effective 12:01 erowe on DSK2VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:28 Feb 14, 2012 Jkt 226001 a.m., local time, February 17, 2012, until 12:01 a.m., local time, January 1, 2013. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having golden tilefish onboard must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, February 17, 2012. During the closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1)(ii) and (d)(2), respectively, apply to all harvest or possession of golden tilefish in or from the South Atlantic EEZ, and the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, February 17, 2012, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for golden tilefish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.43(a)(5)(ii). implement this action to close the commercial sector for golden tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect golden tilefish since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Classification Dated: February 10, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds that the need to immediately PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 1801 et seq. [FR Doc. 2012–3543 Filed 2–10–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Rules and Regulations]
[Pages 8749-8750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3543]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA989


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Closure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial sector for golden tilefish in the 
exclusive economic zone (EEZ) of the South Atlantic. This closure is 
necessary to protect the golden tilefish resource.

[[Page 8750]]


DATES: This rule is effective 12:01 a.m., local time, February 17, 
2012, until 12:01 a.m., local time, January 1, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, email: Catherine.Bruger@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). The FMP was 
prepared by the South Atlantic Fishery Management Council and is 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act by regulations at 50 CFR part 622.
    The commercial quota for golden tilefish in the South Atlantic is 
282,819 lb (128,284 kg) for the current fishing year, January 1 through 
December 31, 2012, as specified in 50 CFR 622.42(e)(2).
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
sector for golden tilefish when its quota has been reached, or is 
projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined that the 
commercial quota for South Atlantic golden tilefish will have been 
reached by February 17, 2012. Accordingly, the commercial sector for 
South Atlantic golden tilefish is closed effective 12:01 a.m., local 
time, February 17, 2012, until 12:01 a.m., local time, January 1, 2013.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having golden tilefish onboard must have 
landed and bartered, traded, or sold such golden tilefish prior to 
12:01 a.m., local time, February 17, 2012. During the closure, the bag 
limit and possession limits specified in 50 CFR 622.39(d)(1)(ii) and 
(d)(2), respectively, apply to all harvest or possession of golden 
tilefish in or from the South Atlantic EEZ, and the sale or purchase of 
golden tilefish taken from the EEZ is prohibited. The prohibition on 
sale or purchase does not apply to the sale or purchase of golden 
tilefish that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, February 17, 2012, and were held in cold storage by a 
dealer or processor. For a person on board a vessel for which a Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued, the sale and purchase 
provisions of the commercial closure for golden tilefish would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.43(a)(5)(ii).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately implement this action to 
close the commercial sector for golden tilefish constitutes good cause 
to waive the requirements to provide prior notice and opportunity for 
public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures would be unnecessary because the rule 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect golden tilefish since the capacity of 
the fishing fleet allows for rapid harvest of the quota. Prior notice 
and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: February 10, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-3543 Filed 2-10-12; 4:15 pm]
BILLING CODE 3510-22-P