Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11969 

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 exemption 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. 

As a result, this action does not 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, 

EPA 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, EPA 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) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

EPA 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). 

XI. 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 17, 2011. 

Keith A. Matthews, 

Director, Biopesticides and Pollution 

Prevention Division, 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 § 180.1196, add paragraph (c) to 

read as follows: 

§ 180.1196 Peroxyacetic acid; exemption 

from the requirement of a tolerance. 

* * * * * 

(c) An exemption from the 

requirement of a tolerance is established 

for residues of the biochemical pesticide 

peroxyacetic acid and its metabolites 

and degradates, including hydrogen 

peroxide and acetic acid, in or on all 

food commodities, when used in 

accordance with good agricultural 

practices. 

[FR Doc. 2011–4773 Filed 3–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Chapter 2 

Defense Federal Acquisition 

Regulation Supplement; Appendix A, 

Armed Services Board of Contract 

Appeals, Part 2—Rules 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapter 2 (Parts 201 to 

299), revised as of October 1, 2010, on 

page 516, in Appendix A, above the 

heading ‘‘Preface’’, the following 

heading and text is added; 

APPENDIX A TO CHAPTER 2— 

ARMED SERVICES BOARD OF 

CONTRACT APPEALS 

* * * * * 

Part 2—Rules 

Approved 15 July 1963. 

Revised 1 May 1969. 

Revised 1 September 1973. 

Revised 30 June 1980. 

* * * * * 

[FR Doc. 2011–5074 Filed 3–3–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 110111018–1095–02] 

RIN 0648–XA109 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary emergency rule; 

interim measures. 

SUMMARY: NMFS is suspending directed 

fishing for Pacific sardine off the coasts 

of Washington, Oregon and California 

through June 30, 2011. This action is 

necessary because the proposed directed 

harvest allocation total for Pacific 

sardine the first seasonal period 

(January 1–June 30) of 15,214 metric 

tons (mt) is projected to be reached by 

the effective date of this rule. Under this 

rule, Pacific sardine may be harvested 

only as part of the live bait fishery or 

incidental to other fisheries; the 

incidental harvest of Pacific sardine is 


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11970 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

limited to 30-percent by weight of all 

fish caught per trip. Vessels with Pacific 

sardine catch must be at shore and in 

the process of offloading at 12:01 a.m. 

Pacific Standard Time (PST) on the date 

of this closure. This rule is necessary to 

help conserve and manage Pacific 

sardine off the West Coast. 

DATES: Effective 12:01 am PST, March 5, 

2011, through June 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: Based on 

the best available information recently 

obtained from the fishery and 

information on past effort, the proposed 

2011 directed fishing harvest allocation 

for Pacific sardine for the first period 

(January 1–June 30) of fishing year 2011 

has been reached. Accordingly, NMFS is 

closing directed fishing for Pacific 

sardine until the beginning of the next 

fishing period for this species on July 1, 

2011. Vessels with Pacific sardine catch 

must be at shore and in the process of 

offloading at the time of this closure. 

From 12:01 a.m. on the date of closure 

through June 30, 2011, Pacific sardine 

may be harvested only as part of the live 

bait fishery or incidental to other 

fisheries, with the incidental harvest of 

Pacific sardine limited to 30-percent by 

weight of all fish caught during a trip. 

This action is necessary to avoid 

overfishing and ensure orderly 

management of the 2011 Pacific sardine 

fishery in anticipation of approval and 

implementation of the 2011 Pacific 

sardine annual specifications. NMFS 

anticipates the second and third 

allocation periods of the 2011 fishing 

season being managed under those 

annual specifications. 

NMFS manages the Pacific sardine 

fishery in the U.S. exclusive economic 

zone (EEZ) off the Pacific coast 

(California, Oregon, and Washington) 

under the Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq., in accordance with 

the Coastal Pelagic Species (CPS) 

Fishery Management Plan (FMP). 

Additionally, the Magnuson-Stevens 

Act provides that, where necessary to 

prevent overfishing, NMFS may issue an 

emergency rule to address the 

overfishing concern (18 U.S.C. 1855(c)). 

Each year, NMFS publishes annual 

specifications in the Federal Register to 

establish the harvest guideline (HG) and 

seasonal allocations for each fishing 

season (January 1–December 31). Per the 

framework in the CPS FMP, if, during 

any of the seasonal allocation periods, 

the applicable adjusted directed harvest 

allocation is projected to be taken, only 

incidental harvest is allowed. These 

seasonal allocations were established as 

mechanisms to prevent overfishing and 

provide equitable opportunity to the 

resource. 

The above in-season harvest 

restrictions are not intended to affect the 

prosecution of the live bait portion of 

the Pacific sardine fishery. 

Classification 

This interim rule has been determined 

to be not significant for purposes of 

Executive Order 12866. 

NMFS 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) for the closure of the 

directed harvest of Pacific sardine. For 

the reasons set forth below, notice and 

comment procedures are impracticable 

and contrary to the public interest. For 

the same reasons, NMFS also finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effectiveness for this 

action. This measure is necessary for the 

conservation and management of the 

Pacific sardine resource while the 

rulemaking process for the 2011 Pacific 

sardine annual specifications is 

finalized. A delay in effectiveness of 

this action would cause the fishery to 

exceed a proposed seasonal allocation. 

The seasonal allocation framework 

established in the FMP is an important 

mechanism to prevent overfishing, and 

is designed to allow fair and equitable 

opportunity to the resource by all 

sectors of the Pacific sardine fishery. 

Delaying the effective date of this rule 

is therefore impracticable, because any 

delay would decrease the Pacific 

sardine stock. Delay is also contrary to 

the public interest, because additional 

reduction of Pacific sardine beyond the 

incidental take limit set out in this 

action would decrease the future stock 

of the species, as well as harvest limits, 

thereby reducing future potential catch 

of the stock along with the profits 

associated with those harvests. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 28, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2011–4922 Filed 3–1–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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