Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure, 8749-8750 [2012-3543]
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8749
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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
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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
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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:
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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
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SUPPLEMENTARY INFORMATION:
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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
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Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 2012–3543 Filed 2–10–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>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.
-----------------------------------------------------------------------
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
