Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2014 Commercial Accountability Measure and Closure for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic, 9866-9867 [2014-03718]
Download as PDF
9866
Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
1(2H)-pyrimidinyl)-4-fluorobenzoyl]-Nisopropylsulfamide and N-[4-chloro-2fluoro-5 ({[(isopropylamino)sulfonyl]
amino}carbonyl)phenyl]urea calculated
as the stoichiometric equivalent of
saflufenacil; compliance with the fishfreshwater finfish and fish-shellfish,
crustacean tolerances are to be
determined by measuring only
saflufenacil, 2-chloro-5-[3,6-dihydro-3methyl-2,6-dioxo-4-(trifluoromethyl)1(2H)-pyrimidinyl]-4-fluoro-N[[methyl(1methylethyl)amino]sulfonyl]benzamide.
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 tolerances 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,
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
VerDate Mar<15>2010
13:18 Feb 20, 2014
Jkt 232001
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
(1) * * *
Parts per
million
Commodity
*
*
*
*
*
Sugarcane, cane 2 ....................
Sugarcane, molasses 2 .............
*
*
*
*
0.05
0.08
*
*
*
*
*
*
U.S. registration as of February
21, 2014.
(2) * * *
2 No
Parts per
million
Commodity
*
*
*
*
*
Fish-freshwater finfish ..............
Fish-shellfish, crustacean .........
*
*
*
*
*
*
*
*
0.01
0.01
*
*
[FR Doc. 2014–03734 Filed 2–20–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
50 CFR Part 622
Dated: February 11, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2014
Commercial Accountability Measure
and Closure for Coastal Migratory
Pelagic Resources of the Gulf of
Mexico and South Atlantic
PART 180—[AMENDED]
AGENCY:
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.649:
a. Add alphabetically the following
commodities and footnote 2 to the table
in paragraph (a)(1).
■ b. Add alphabetically the following
commodities to the table in paragraph
(a)(2).
The amendments read as follows:
■
■
§ 180.649 Saflufenacil; tolerances for
residues.
(a) * * *
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
[Docket No. 001005281–0369–02]
RIN 0648–XD137
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS implements an
accountability measure (AM) to close
the hook-and-line component of the
commercial sector for king mackerel in
the southern Florida west coast
subzone. This closure is necessary to
protect the Gulf of Mexico (Gulf) king
mackerel resource.
DATES: This rule is effective 12:01 a.m.,
local time, February 21, 2014, through
June 30, 2014.
SUMMARY:
E:\FR\FM\21FER1.SGM
21FER1
Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ehiers on DSK2VPTVN1PROD with RULES
Susan Gerhart, telephone: 727–824–
5305, email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On April 27, 2000, NMFS
implemented the final rule (65 FR
16336, March 28, 2000) that divided the
Florida west coast subzone of the Gulf
eastern zone into northern and southern
subzones, and established their separate
commercial quotas. On January 30,
2012, NMFS implemented the final rule
(76 FR 82058, December 29, 2011) that
established annual catch limits (ACLs),
equal to commercial quotas. The 2013 to
2014 fishing year quota for the hookand-line component of the commercial
sector in the southern Florida west coast
subzone is 551,448 lb (250,133 kg) (50
CFR 622.384(b)(1)(i)(B)(1)).
From November 1 through March 31,
the southern subzone encompasses an
area of the EEZ south of a line extending
due west of the Lee/Collier County, FL,
boundary on the Florida west coast, and
south of a line extending due east of the
Monroe/Miami-Dade County, FL,
boundary on the Florida east coast,
which includes the EEZ off Collier and
Monroe Counties, FL. From April 1
through October 31, the southern
subzone is reduced to the EEZ off
Collier County, and the EEZ off Monroe
County becomes part of the Atlantic
migratory group area.
On February 16, 2014, NMFS
implemented a 500-lb (227-kg) trip limit
for vessels in the hook-and-line
component of the commercial sector for
king mackerel in or from the EEZ in the
southern Florida west coast subzone.
VerDate Mar<15>2010
13:18 Feb 20, 2014
Jkt 232001
Under 50 CFR 622.8(b), NMFS is
required to close any component of the
king mackerel commercial sector when
its quota has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register. NMFS has determined the
quota for the hook-and-line component
of the commercial sector for Gulf
migratory group king mackerel in the
southern Florida west coast subzone
will be reached by February 21, 2014.
Accordingly, the hook-and-line
component of the commercial sector for
Gulf migratory group king mackerel in
the southern Florida west coast subzone
is closed effective 12:01 a.m., local time,
February 21, 2014, through June 30,
2014, the end of the fishing year. On
January 29, 2014, NMFS implemented a
temporary rule to close commercial
harvest of king mackerel in the southern
Florida west coast subzone of the
eastern zone of the Gulf EEZ using runaround gillnet gear (79 FR 3200, January
31, 2014).
As specified in 50 CFR 622.384(e),
during the closure period no person
aboard a vessel for which a commercial
permit for king mackerel has been
issued may harvest or possess Gulf
migratory group king mackerel in or
from Federal waters of the closed
subzone. However, there is one
exception that a person aboard a vessel
that has a valid charter/headboat permit
and also has a commercial king
mackerel permit for coastal migratory
pelagic fish may continue to retain king
mackerel in or from the closed subzone
under the 2-fish daily bag limit,
provided the vessel is operating as a
charter vessel or headboat. Charter
vessels or headboats that hold a
commercial king mackerel permit are
considered to be operating as a charter
vessel or headboat when they carry a
passenger who pays a fee or when more
than three persons are aboard, including
operator and crew.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
PO 00000
Frm 00013
Fmt 4700
Sfmt 9990
9867
necessary for the conservation and
management of the Gulf migratory group
king mackerel resource and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.8(b) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
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 hookand-line component of the commercial
sector 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 already 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 the fishery since
the capacity of the fishing fleet allows
for rapid harvest of the ACL (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 effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–03718 Filed 2–18–14; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\21FER1.SGM
21FER1
Agencies
[Federal Register Volume 79, Number 35 (Friday, February 21, 2014)]
[Rules and Regulations]
[Pages 9866-9867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03718]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XD137
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2014 Commercial Accountability Measure and Closure for Coastal
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) to close the
hook-and-line component of the commercial sector for king mackerel in
the southern Florida west coast subzone. This closure is necessary to
protect the Gulf of Mexico (Gulf) king mackerel resource.
DATES: This rule is effective 12:01 a.m., local time, February 21,
2014, through June 30, 2014.
[[Page 9867]]
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, and cobia) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
On April 27, 2000, NMFS implemented the final rule (65 FR 16336,
March 28, 2000) that divided the Florida west coast subzone of the Gulf
eastern zone into northern and southern subzones, and established their
separate commercial quotas. On January 30, 2012, NMFS implemented the
final rule (76 FR 82058, December 29, 2011) that established annual
catch limits (ACLs), equal to commercial quotas. The 2013 to 2014
fishing year quota for the hook-and-line component of the commercial
sector in the southern Florida west coast subzone is 551,448 lb
(250,133 kg) (50 CFR 622.384(b)(1)(i)(B)(1)).
From November 1 through March 31, the southern subzone encompasses
an area of the EEZ south of a line extending due west of the Lee/
Collier County, FL, boundary on the Florida west coast, and south of a
line extending due east of the Monroe/Miami-Dade County, FL, boundary
on the Florida east coast, which includes the EEZ off Collier and
Monroe Counties, FL. From April 1 through October 31, the southern
subzone is reduced to the EEZ off Collier County, and the EEZ off
Monroe County becomes part of the Atlantic migratory group area.
On February 16, 2014, NMFS implemented a 500-lb (227-kg) trip limit
for vessels in the hook-and-line component of the commercial sector for
king mackerel in or from the EEZ in the southern Florida west coast
subzone.
Under 50 CFR 622.8(b), NMFS is required to close any component of
the king mackerel commercial sector when its quota has been reached, or
is projected to be reached, by filing a notification at the Office of
the Federal Register. NMFS has determined the quota for the hook-and-
line component of the commercial sector for Gulf migratory group king
mackerel in the southern Florida west coast subzone will be reached by
February 21, 2014. Accordingly, the hook-and-line component of the
commercial sector for Gulf migratory group king mackerel in the
southern Florida west coast subzone is closed effective 12:01 a.m.,
local time, February 21, 2014, through June 30, 2014, the end of the
fishing year. On January 29, 2014, NMFS implemented a temporary rule to
close commercial harvest of king mackerel in the southern Florida west
coast subzone of the eastern zone of the Gulf EEZ using run-around
gillnet gear (79 FR 3200, January 31, 2014).
As specified in 50 CFR 622.384(e), during the closure period no
person aboard a vessel for which a commercial permit for king mackerel
has been issued may harvest or possess Gulf migratory group king
mackerel in or from Federal waters of the closed subzone. However,
there is one exception that a person aboard a vessel that has a valid
charter/headboat permit and also has a commercial king mackerel permit
for coastal migratory pelagic fish may continue to retain king mackerel
in or from the closed subzone under the 2-fish daily bag limit,
provided the vessel is operating as a charter vessel or headboat.
Charter vessels or headboats that hold a commercial king mackerel
permit are considered to be operating as a charter vessel or headboat
when they carry a passenger who pays a fee or when more than three
persons are aboard, including operator and crew.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Gulf migratory group king mackerel resource and is consistent with
the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.8(b) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
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 hook-and-line component of the commercial sector 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 already 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 the fishery since the capacity of the
fishing fleet allows for rapid harvest of the ACL (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 effectiveness of the action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: February 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-03718 Filed 2-18-14; 4:15 pm]
BILLING CODE 3510-22-P