Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska, 14465-14466 [2013-05174]
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Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Rules and Regulations
high enough to justify the need of a
separate tolerance for raisins.
pmangrum on DSK3VPTVN1PROD with RULES
V. Conclusion
Therefore, tolerances are established
for residues of fenpyrazamine, S-allyl 5amino-2-isopropyl-4-(2-methylphenyl)3-oxo-2,3-dihydropyrazole-1carbothioate, in or on Almond at 0.02
ppm; almond, hulls at 1.5 ppm;
pistachio at 0.02 ppm; lettuce, head at
1.5 ppm; lettuce, leaf at 2 ppm;
Caneberry subgroup 13–07A at 5 ppm;
Bushberry subgroup 13–07B at 5 ppm;
small fruit vine climbing subgroup
except fuzzy kiwi fruit, subgroup 13–
07F at 3 ppm; grape, juice at 4 ppm; low
growing berry subgroup 13–07G at 3
ppm; and ginseng at 0.7 ppm.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) 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 FFDCA section 408(d), 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 FFDCA section 408(n)(4). As such,
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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) (2 U.S.C. 1501 et seq.).
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) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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 the rule in the Federal
Register. This action 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 21, 2013.
Steven Bradbury,
Director, 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. In subpart C, add § 180.671 to read
as follows:
■
§ 180.671 Fenpyrazamine; tolerances for
residues.
(a) General. Tolerances are
established for residues of the fungicide
fenpyrazamine, in or on the following
commodities. Compliance with the
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tolerance levels specified in the
following table is to be determined by
measuring only fenpyrazamine S-allyl 5amino-2-isopropyl-4-(2-methylphenyl)3-oxo-2,3-dihydropyrazole-1carbothioate, in or on the following
commodities:
Commodity
Parts per
million
Almond ........................................
Almond, hulls ..............................
Berry, low growing, subgroup
13–07G ...................................
Bushberry subgroup 13–07B ......
Caneberry subgroup 13–07A .....
Fruit, small vine climbing, except
fuzzy kiwifruit, subgroup 13–
07F ..........................................
Ginseng ......................................
Grape, juice ................................
Lettuce, head ..............................
Lettuce, leaf ................................
Pistachio .....................................
0.02
1.5
3
5
5
3
0.7
4
1.5
2
0.02
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2013–04813 Filed 3–5–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120918468–3111–02]
RIN 0648–XC536
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in the West
Yakutat District of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for pollock in the West Yakutat
District of the Gulf of Alaska (GOA).
This action is necessary to prevent
exceeding the 2013 total allowable catch
of pollock in the West Yakutat District
of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 3, 2013,
through 2400 hours, A.l.t., December 31,
2013.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
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Federal Register / Vol. 78, No. 44 / Wednesday, March 6, 2013 / Rules and Regulations
pmangrum on DSK3VPTVN1PROD with RULES
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.
The 2013 total allowable catch (TAC)
of pollock in the West Yakutat District
of the GOA is 3,385 metric tons (mt) as
established by the final 2013 and 2014
harvest specifications for groundfish of
the GOA (78 FR 13162, February 26,
2013).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2013 TAC of
pollock in the West Yakutat District of
the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 3,335 mt and is setting
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aside the remaining 50 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in the West
Yakutat District of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting 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) 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
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responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directed fishing for
pollock in the West Yakutat District 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 February 28, 2013.
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.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 1, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–05174 Filed 3–1–13; 4:15 pm]
BILLING CODE 3510–22–P
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[Federal Register Volume 78, Number 44 (Wednesday, March 6, 2013)]
[Rules and Regulations]
[Pages 14465-14466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05174]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 120918468-3111-02]
RIN 0648-XC536
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in
the West Yakutat District of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for pollock in the West
Yakutat District of the Gulf of Alaska (GOA). This action is necessary
to prevent exceeding the 2013 total allowable catch of pollock in the
West Yakutat District of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 3, 2013,
through 2400 hours, A.l.t., December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
[[Page 14466]]
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.
The 2013 total allowable catch (TAC) of pollock in the West Yakutat
District of the GOA is 3,385 metric tons (mt) as established by the
final 2013 and 2014 harvest specifications for groundfish of the GOA
(78 FR 13162, February 26, 2013).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2013 TAC
of pollock in the West Yakutat District of the GOA will soon be
reached. Therefore, the Regional Administrator is establishing a
directed fishing allowance of 3,335 mt and is setting aside the
remaining 50 mt as bycatch to support other anticipated groundfish
fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional
Administrator finds that this directed fishing allowance has been
reached. Consequently, NMFS is prohibiting directed fishing for pollock
in the West Yakutat District of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Acting 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) 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 closure of directed fishing for pollock in
the West Yakutat District 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 February 28, 2013.
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.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 1, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-05174 Filed 3-1-13; 4:15 pm]
BILLING CODE 3510-22-P
