Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Advance Notice of Proposed Rulemaking Regarding the Reconsideration of the Allocation of Whiting, 20337-20338 [2012-8106]
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Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules
emcdonald on DSK29S0YB1PROD with PROPOSALS
Market Street, Wilmington, DE 19898,
requests to establish a tolerance in 40
CFR part 180 for residues of the
chlorantraniliprole, 3-bromo-N-[4chloro-2-methyl-6-[(methylamino)carbonyl]phenyl]-1-(3-chloro-2pyridinyl)-1H-pyrazole-5-carboxamide,
in or on oilseed, rapeseed, subgroup
20A at 2.0 ppm; oilseed, sunflower,
subgroup 20B at 2.0 ppm; oilseed,
cottonseed, subgroup 20C at 0.3 ppm;
soybean, aspirated grain fractions at 300
ppm; vegetable, legume, group 6 at 2.0
ppm; vegetable, foliage of legume, group
7 at 30 ppm; and forage, vegetable,
foliage of legume, group 7 at 90 ppm.
An analytical residue method has been
submitted to EPA which permits
determination of trace residues of the
parent compound on various food and
feed commodities. Contact: Jennifer
Urbanski, (703) 347–0156, email
address: urbanski.jennifer@epa.gov.
Amended Tolerances
1. PP 1E7951. (EPA–HQ–OPP–2011–
1011). Interregional Research Project
Number 4 (IR–4), 500 College Road East,
Suite 201 W, Princeton, NJ 08540,
requests to amend the tolerances in 40
CFR 180.117 for residues of the
herbicide S -ethyl
dipropylthiocarbamate (EPTC),
including its metabolites and
degradates, determined by measuring
only the sum of S -ethyl
dipropylthiocarbamate, S -ethyl (2hydroxypropyl) propylcarbamothioate,
S -(2hydroxyethyl)dipropylcarbamothioate,
and S -ethyl (3hydroxypropyl)propylcarbamothioate,
calculated as the stoichiometric
equivalent of S -ethyl
dipropylthiocarbamate, by removing the
following established tolerances: Fruit,
citrus, group 10 at 0.1 ppm; safflower,
seed at 0.08 ppm; and sunflower, seed
at 0.08 ppm, as these commodities are
included in updated crop groups or
subgroups listed under ‘‘New
Tolerances’’ for PP 1E7951. Contact:
Sidney Jackson, (703) 305–7610, email
address: jackson.sidney@epa.gov.
2. PP 1E7958. (EPA–HQ–OPP–2012–
0107). Interregional Research Project
Number 4 (IR–4), 500 College Road East,
Suite 201 W, Princeton, NJ 08540,
requests to amend 40 CFR 180.641 for
residues of the insecticide spirotetramat,
cis-3-(2,5-dimethlyphenyl)-8-methoxy2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl
carbonate and its metabolites BYI
08330-enol cis-3-(2,5-dimethylphenyl)4-hydroxy-8-methoxy-1azaspiro[4.5]dec-3-en-2-one, BYI 08330ketohydroxy cis-3-(2,5-dimethylphenyl)3-hydroxy-8-methoxy-1azaspiro[4.5]decane-2,4-dione, BYI
VerDate Mar<15>2010
15:25 Apr 03, 2012
Jkt 226001
08330-enol-Glc cis-3-(2,5dimethylphenyl)-8-methoxy-2-oxo-1azaspiro[4.5]dec-3-en-4-yl beta-Dglucopyranoside, and BYI 08330-monohydroxy cis-3-(2,5-dimethylphenyl)-4hydroxy-8-methoxy-1azaspiro[4.5]decan-2-one, calculated as
spirotetramat equivalents, by removing
the established tolerances: Onion, bulb,
subgroup 3A–07 at 0.30 ppm; fruit,
citrus, group 10 at 0.60 ppm; fruit,
pome, group 11 at 0.70 ppm; okra at 2.5
ppm; and vegetable, fruiting, group 8 at
2.5 ppm, as they will be superseded by
inclusion in updated crop groups or
subgroups listed under ‘‘New
Tolerances’’. Contact: Laura Nollen,
(703) 305–7390, email address:
nollen.laura@epa.gov.
New Tolerance Exemptions
1. PP 1E7912. (EPA–HQ–OPP–2012–
0014). ICR, Inc., 1330 Dillon Heights
Ave, Catonsville, MD on behalf of Triton
Systems, Inc., 200 Turnpike Road,
Chelmsford, MA 01824, requests to
establish an exemption from the
requirement of a tolerance for residues
of 1,2-Ethanediamine, N1-(2aminoethyl)-, polymer with 2,4diisocyanato-1-methylbenzene, with
number average molecular weight
greater than 10,000 daltons, (CAS No.
35297–61–1) under 40 CFR 180.960
when used as a pesticide inert
ingredient microencapsulation in
pesticide formulations. The petitioner
believes no analytical method is needed
because this information is generally not
required when all criteria for polymer
exemption under 40 CFR 723.250 are
met. Contact: Anthony Britten, (703)
308–8179, email address:
britten.anthony@epa.gov.
2. PP 1E7938. (EPA–HQ–OPP–2012–
0043). Honeywell International, Inc.,
101 Columbia Road, Morristown, NJ
07962–1053, requests to establish an
exemption from the requirement of a
tolerance for residues of trans-1,3,3,3tetrafluoroprop-1-ene, (CAS No. 29118–
24–9) under 40 CFR 180.910, 180.930,
and 180.940 when used as a pesticide
inert ingredient propellant in pesticide
formulations. The petitioner believes no
analytical method is needed because
this is a petition for exemption from the
requirement of a tolerance. Contact: Lisa
Austin, (703) 305–7894, email address:
austin.lisa@epa.gov.
3. PP 1F7960. (EPA–HQ–OPP–2012–
0152). Enerfab, Inc., 4955 Spring Grove
Avenue, Cincinnati, OH 45232, requests
to establish an exemption from the
requirement of a tolerance for residues
of the antimicrobial gaseous chlorine
dioxide, on tomato. EPA Method 300,
Ion Chromatography, was used for
measuring chlorite and chlorate
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
20337
residues rinsed from surface of produce
treated with chlorine dioxide gas.
Contact: Jaclyn Carl, (703) 347–0213,
email address: carl.jaclyn@epa.gov.
Amended Tolerance Exemption
PP 1F7857. (EPA–HQ–OPP–2012–
0109). Syngenta Seeds, Inc., Field Crops
NAFTA, P.O. Box 12257, 3054 E.
Cornwallis Road, Research Triangle
Park, NC 27709–2257, requests to
amend an exemption from the
requirement of a tolerance in 40 CFR
174.532 for residues of the plantincorporated protectant (PIP), Bacillus
thuringiensis eCry3.1Ab protein in corn,
in or on the food and feed commodities
of corn; corn, field; corn, sweet; and
corn, pop. The petitioner believes no
analytical method is needed because an
exemption from the requirement of a
tolerance is being sought. However, in
response to an Agency request, the
Petitioner has submitted an
immunoassay method for determination
of eCry3.1Ab protein in corn tissues.
Contact: Mike Mendelsohn, (703) 308–
8715, email address:
mendelsohn.mike@epa.gov.
List of Subjects in 40 CFR Parts 174 and
180
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 16, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2012–8095 Filed 4–3–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120312181–2228–01]
RIN 0648–BC00 and 0648–BC01
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Advance Notice of Proposed
Rulemaking Regarding the
Reconsideration of the Allocation of
Whiting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; request for comments.
AGENCY:
E:\FR\FM\04APP1.SGM
04APP1
20338
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules
A court order issued February
21, 2012, remands for agency
reconsideration the regulations
addressing the initial allocation of
whiting for the shorebased individual
fishing quota (IFQ) fishery and the atsea mothership fishery of the Pacific
Coast Groundfish Trawl Rationalization
Program (Program) and requires that
NMFS implement revised regulations
before the 2013 Pacific whiting fishing
season begins on April 1, 2013. The
purpose of this advanced notice of
proposed rulemaking (ANPR) is to
announce that the Pacific Fishery
Management Council (Council) will be
reconsidering the initial allocation of
whiting at its April, June, and
September 2012 meetings, and that
NMFS is considering two rulemakings
in response to the court order. The
affected public should be aware of
potential reallocation of whiting, as well
as potential reallocation of a portion of
the initial allocation of Quota Share
(QS) for some incidentally caught,
nonwhiting species. Additionally, this
ANPR announces that the affected
public should review, and if necessary,
correct their data, which may be used
for reconsideration and any reallocation
that may occur.
DATES: Comments on this ANPR must be
received no later than 5 p.m., local time
on May 4, 2012.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2012–0062, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal, at https://
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0062 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Fax: 206–526–6736; Attn: Ariel
Jacobs.
• Mail: William W. Stelle, Jr.,
Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070; Attn:
Ariel Jacobs.
Instructions: 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 (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
emcdonald on DSK29S0YB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:25 Apr 03, 2012
Jkt 226001
protected information. NMFS will
accept anonymous comments (if
submitting comments via the Federal
e-Rulemaking portal, enter ‘‘N/A’’ in the
relevant required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word or Excel, WordPerfect,
or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Ariel Jacobs, 206–526–4491; (fax) 206–
526–6736; Ariel.Jacobs@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2012, Judge
Henderson issued a court order in
Pacific Dawn, LLC v. Bryson, No. C10–
4829 TEH (N.D. Cal.). The court order
remands the regulations addressing the
initial allocation of whiting for the
shorebased IFQ fishery and the at-sea
mothership fishery ‘‘for further
consideration’’ consistent with the
court’s December 22, 2011, summary
judgment ruling, the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA), and all other governing law.
Further, the court order requires that
NMFS implement revised regulations
before the 2013 Pacific whiting fishing
season begins on April 1, 2013. In the
interim, the existing regulations remain
in effect, unless suspended or revised by
NMFS.
In light of the court order, the Council
will be reconsidering the initial
allocation of whiting at its April, June,
and September 2012 meetings. The
Council is scheduled to select a range of
alternatives at its April meeting, a
preliminary preferred alternative at its
June meeting, and a final preferred
alternative and recommendation to
NMFS at its September meeting.
Depending on Council
recommendations and NMFS actions,
some of the nonwhiting QS issued for
the shorebased whiting fishery in
proportion to the whiting allocations,
could also be affected by the
reallocation of whiting. Further
information regarding the Council
meetings may be found at https://
www.pcouncil.org/council-operations/
council-meetings/.
NMFS plans to publish at least two
rulemakings in response to the court
order, referred to as Reconsideration of
the Allocation of Whiting, Rules 1 and
2 (RAW 1 and RAW 2). The rulemaking
for RAW 1 would delay at least two
elements of the current regulations until
reconsideration of the initial allocation
has concluded, including the transfer of
QS or Individual Bycatch Quota (IBQ)
between QS accounts and the ability to
change mothership catcher vessel (MS/
PO 00000
Frm 00020
Fmt 4702
Sfmt 9990
CV) endorsement and associated catch
history assignment from one limited
entry trawl permit to another. In
addition, NMFS may need to hold back
sufficient quota pounds for whiting and
all other incidentally caught species
from the annual allocation of quota
pounds (QPs) to QS accounts made on
or about January 1, 2013 in order to
allocate the appropriate final amounts
based on recalculation of QS
allocations. NMFS may also need to
consider whether it is necessary to
restrict limited entry trawl permit
transfers for a period of time during this
reconsideration. For the at-sea
mothership fishery, NMFS may need to
recalculate the whiting catch history
assignments which may have an impact
on processor obligations and coop
formation, both of which occur before
April 1, 2013.
In the proposed rule for RAW I,
NMFS will announce further details on
the process for data review and
corrections. As occurred in 2009–2010,
prior to the implementation of the
current Program, the affected public will
be advised to review, and if necessary,
correct their data that may be used for
initial allocation, or reallocation. NMFS
anticipates publishing the proposed rule
for RAW 1 in late April, and the final
rule in July 2012.
The rulemaking for RAW 2 would
take in to account the Council’s
September 2012 recommendation and
reconsideration of the dates used for
initial allocation of whiting for the
shorebased IFQ and at-sea mothership
fisheries. The proposed rule for RAW 2
is scheduled to publish in November
2012, and the final rule in March 2013.
This rule would be effective by April 1,
2013, consistent with the court order.
This advance notice of proposed
rulemaking has been determined to be
not significant for purposes of Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 29, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–8106 Filed 4–3–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Proposed Rules]
[Pages 20337-20338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8106]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 120312181-2228-01]
RIN 0648-BC00 and 0648-BC01
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Advance Notice of Proposed Rulemaking Regarding the
Reconsideration of the Allocation of Whiting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
[[Page 20338]]
SUMMARY: A court order issued February 21, 2012, remands for agency
reconsideration the regulations addressing the initial allocation of
whiting for the shorebased individual fishing quota (IFQ) fishery and
the at-sea mothership fishery of the Pacific Coast Groundfish Trawl
Rationalization Program (Program) and requires that NMFS implement
revised regulations before the 2013 Pacific whiting fishing season
begins on April 1, 2013. The purpose of this advanced notice of
proposed rulemaking (ANPR) is to announce that the Pacific Fishery
Management Council (Council) will be reconsidering the initial
allocation of whiting at its April, June, and September 2012 meetings,
and that NMFS is considering two rulemakings in response to the court
order. The affected public should be aware of potential reallocation of
whiting, as well as potential reallocation of a portion of the initial
allocation of Quota Share (QS) for some incidentally caught, nonwhiting
species. Additionally, this ANPR announces that the affected public
should review, and if necessary, correct their data, which may be used
for reconsideration and any reallocation that may occur.
DATES: Comments on this ANPR must be received no later than 5 p.m.,
local time on May 4, 2012.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0062, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal, at https://www.regulations.gov. To submit comments via the e-Rulemaking Portal,
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2012-
0062 in the keyword search. Locate the document you wish to comment on
from the resulting list and click on the ``Submit a Comment'' icon on
the right of that line.
Fax: 206-526-6736; Attn: Ariel Jacobs.
Mail: William W. Stelle, Jr., Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070; Attn: Ariel Jacobs.
Instructions: 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 (for example, name,
address, etc.) 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 (if submitting comments via the Federal e-Rulemaking
portal, enter ``N/A'' in the relevant required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, 206-526-4491; (fax) 206-
526-6736; Ariel.Jacobs@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2012, Judge Henderson issued a court order in
Pacific Dawn, LLC v. Bryson, No. C10-4829 TEH (N.D. Cal.). The court
order remands the regulations addressing the initial allocation of
whiting for the shorebased IFQ fishery and the at-sea mothership
fishery ``for further consideration'' consistent with the court's
December 22, 2011, summary judgment ruling, the Magnuson-Stevens
Fishery Conservation and Management Act (MSA), and all other governing
law. Further, the court order requires that NMFS implement revised
regulations before the 2013 Pacific whiting fishing season begins on
April 1, 2013. In the interim, the existing regulations remain in
effect, unless suspended or revised by NMFS.
In light of the court order, the Council will be reconsidering the
initial allocation of whiting at its April, June, and September 2012
meetings. The Council is scheduled to select a range of alternatives at
its April meeting, a preliminary preferred alternative at its June
meeting, and a final preferred alternative and recommendation to NMFS
at its September meeting. Depending on Council recommendations and NMFS
actions, some of the nonwhiting QS issued for the shorebased whiting
fishery in proportion to the whiting allocations, could also be
affected by the reallocation of whiting. Further information regarding
the Council meetings may be found at https://www.pcouncil.org/council-operations/council-meetings/.
NMFS plans to publish at least two rulemakings in response to the
court order, referred to as Reconsideration of the Allocation of
Whiting, Rules 1 and 2 (RAW 1 and RAW 2). The rulemaking for RAW 1
would delay at least two elements of the current regulations until
reconsideration of the initial allocation has concluded, including the
transfer of QS or Individual Bycatch Quota (IBQ) between QS accounts
and the ability to change mothership catcher vessel (MS/CV) endorsement
and associated catch history assignment from one limited entry trawl
permit to another. In addition, NMFS may need to hold back sufficient
quota pounds for whiting and all other incidentally caught species from
the annual allocation of quota pounds (QPs) to QS accounts made on or
about January 1, 2013 in order to allocate the appropriate final
amounts based on recalculation of QS allocations. NMFS may also need to
consider whether it is necessary to restrict limited entry trawl permit
transfers for a period of time during this reconsideration. For the at-
sea mothership fishery, NMFS may need to recalculate the whiting catch
history assignments which may have an impact on processor obligations
and coop formation, both of which occur before April 1, 2013.
In the proposed rule for RAW I, NMFS will announce further details
on the process for data review and corrections. As occurred in 2009-
2010, prior to the implementation of the current Program, the affected
public will be advised to review, and if necessary, correct their data
that may be used for initial allocation, or reallocation. NMFS
anticipates publishing the proposed rule for RAW 1 in late April, and
the final rule in July 2012.
The rulemaking for RAW 2 would take in to account the Council's
September 2012 recommendation and reconsideration of the dates used for
initial allocation of whiting for the shorebased IFQ and at-sea
mothership fisheries. The proposed rule for RAW 2 is scheduled to
publish in November 2012, and the final rule in March 2013. This rule
would be effective by April 1, 2013, consistent with the court order.
This advance notice of proposed rulemaking has been determined to
be not significant for purposes of Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 29, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-8106 Filed 4-3-12; 8:45 am]
BILLING CODE 3510-22-P