Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 3938-3939 [2022-01530]
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3938
Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
5A’’; and ‘‘Vegetable, root (except
sugarbeet), subgroup 1B’’ expire on
February 28, 2022.
As a housekeeping measure, EPA is
also directing the Federal Register to
remove entries to the table in paragraph
(a)(1) of 40 CFR 180.242 for ‘‘Bean, dry,
seed’’ and ‘‘Soybean’’ in this correction
document, because these tolerances
expired on March 21, 2017. Footnote 2
to the table in paragraph (a)(1) of 40 CFR
180.242 indicating that these tolerances
expired on March 21, 2017 was already
removed in the August 30, 2021 final
rule, as described above.
EPA’s instructions in the August 30,
2021 final rule regarding tolerances for
‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’;
‘‘Brassica, head and stem, subgroup
5A’’; and ‘‘Vegetable, root (except
sugarbeet), subgroup 1B’’ and footnote 1
to the table in 40 CFR 180.242(a)(1)
were not consistent with its authority
under FFDCA section 408(d)(4)(A) or
with the preamble of the August 30,
2021 final rule. Therefore, EPA is
rescinding those instructions and
reinstating and revising the entries for
‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’;
‘‘Brassica, head and stem, subgroup
5A’’; and ‘‘Vegetable, root (except
sugarbeet), subgroup 1B’’ in the table in
paragraph (a)(1) of 40 CFR 180.242.
Additionally, EPA is reinstating
footnote 1 and adding a new footnote 2
to the table in paragraph (a)(1) of 40 CFR
180.242. The new footnote 2 indicates
that the four tolerances expire six
months from publication of today’s
notice rather than on February 28, 2022
to make sure the phased tolerance
change is clear and transparent.
III. Why are these corrections issued as
a final rule?
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making these corrections final
without prior proposal and opportunity
for comment, because EPA
inadvertently instructed the Federal
Register to remove four tolerances that
should have been revised and to delete
two footnotes concerning other
tolerances, as described above.
Additionally, EPA has determined that
removing the tolerances that expired in
2017 is a housekeeping measure that has
no substantive effect. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
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15:49 Jan 25, 2022
Jkt 256001
IV. Do any of the statutory and
Executive Order review apply to this
action?
No. For a detailed discussion
concerning the statutory and executive
order review refer to Unit VI. of the
August 30, 2021 final rule.
V. 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).
TABLE 1 TO PARAGRAPH (a)(1)
Parts per
million
Commodity
Alfalfa, forage 2 ......................................
Alfalfa, hay 2 ..........................................
0.02
0.02
*
*
*
*
Brassica, head and stem, subgroup
5A 2 ....................................................
*
*
*
*
*
Vegetable, root (except sugar beet),
subgroup 1B 2 ....................................
*
*
*
*
*
0.02
0.02
*
1 There
are no U.S. registrations on the indicated
commodity.
2 This tolerance expires on July 26, 2022.
*
*
*
*
*
[FR Doc. 2022–01487 Filed 1–25–22; 8:45 am]
BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 20, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is correcting 40 CFR part
180 as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.242, amend Table 1 to
Paragraph (a)(1) by:
■ i. Adding alphabetically the entries
‘‘Alfalfa, forage 2’’and ‘‘Alfalfa, hay 2’’;
■ ii. Removing the entry for ‘‘Bean, dry,
seed 2’’;
■ iii. Adding alphabetically the entry
‘‘Brassica, head and stem, subgroup
5A 2’’;
■ iv. Removing the entry for
‘‘Soybean 2’’;
■ v. Adding alphabetically, after the
existing entry ‘‘Vegetable, root, except
sugar beet, subgroup 1B’’, an entry for
‘‘Vegetable, root (except sugarbeet),
subgroup 1B 2’’; and
■ vi. Revising footnote 1 and adding
footnote 2.
The additions read as follows:
■
§ 180.242 Thiabendazole; tolerances for
residues.
(a) * * *
(1) * * *
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022; RTID 0648–
XB743]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Greater Than or Equal
to 60 Feet Length Overall Using Pot
Gear in the Bering Sea and Aleutian
Islands Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3
meters (m)) length overall (LOA) using
pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to prevent exceeding
the A season apportionment of the 2022
Pacific cod total allowable catch (TAC)
allocated to catcher vessels greater than
or equal to 60 feet (18.3 m) LOA using
pot gear in the BSAI.
DATES: This inseason action became
applicable at 1200 hours, Alaska local
time (A.l.t.), January 23, 2022, and
remains in effect through 1200 hours,
A.l.t., September 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
SUMMARY:
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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
and Aleutian Islands Management Area
(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 A season apportionment of the
2022 Pacific cod TAC allocated to
catcher vessels greater than or equal to
60 feet (18.3 m) LOA using pot gear in
the BSAI is 5,720 metric tons (mt) as
established by the final 2021 and 2022
harvest specifications for groundfish in
the BSAI (86 FR 11449, February 25,
2021) and inseason adjustment (86 FR
74389, December 30, 2021).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the A season
apportionment of the 2022 Pacific cod
TAC allocated as a directed fishing
allowance to catcher vessels greater than
VerDate Sep<11>2014
15:49 Jan 25, 2022
Jkt 256001
or equal to 60 feet (18.3 m) LOA using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
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3939
recent fisheries data in a timely fashion
and would delay the closure of Pacific
cod by catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of January 20, 2022.
The Assistant Administrator for
Fisheries, NOAA 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 21, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–01530 Filed 1–21–22; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Rules and Regulations]
[Pages 3938-3939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01530]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210217-0022; RTID 0648-XB743]
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Catcher Vessels Greater Than or Equal to 60 Feet Length Overall
Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels greater than or equal to 60 feet (18.3 meters (m))
length overall (LOA) using pot gear in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to prevent
exceeding the A season apportionment of the 2022 Pacific cod total
allowable catch (TAC) allocated to catcher vessels greater than or
equal to 60 feet (18.3 m) LOA using pot gear in the BSAI.
DATES: This inseason action became applicable at 1200 hours, Alaska
local time (A.l.t.), January 23, 2022, and remains in effect through
1200 hours, A.l.t., September 1, 2022.
FOR FURTHER INFORMATION CONTACT: Krista Milani, 907-581-2062.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea
[[Page 3939]]
and Aleutian Islands Management Area (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 A season apportionment of the 2022 Pacific cod TAC allocated to
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI is 5,720 metric tons (mt) as established by the final
2021 and 2022 harvest specifications for groundfish in the BSAI (86 FR
11449, February 25, 2021) and inseason adjustment (86 FR 74389,
December 30, 2021).
In accordance with Sec. 679.20(d)(1)(iii), the Administrator,
Alaska Region, NMFS (Regional Administrator), has determined that the A
season apportionment of the 2022 Pacific cod TAC allocated as a
directed fishing allowance to catcher vessels greater than or equal to
60 feet (18.3 m) LOA using pot gear in the BSAI will soon be reached.
Consequently, NMFS is prohibiting directed fishing for Pacific cod by
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI.
While this closure is effective the maximum retainable amounts at
Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was
issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be 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 Pacific cod by
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using pot
gear in the BSAI. NMFS was unable to publish a notice providing time
for public comment because the most recent, relevant data only became
available as of January 20, 2022.
The Assistant Administrator for Fisheries, NOAA 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 21, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-01530 Filed 1-21-22; 4:15 pm]
BILLING CODE 3510-22-P
