12882 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

Dated: February 28, 2011. 

Lois Rossi, 

Director, Registration 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. Section 180.433 is amended by 

revising the introductory text in 

paragraph (a) and alphabetically adding 

the following commodities to the table 

in paragraph (a) to read as follows: 

§ 180.433 Fomesafen; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

fomesafen, including its metabolites and 

degradates, in or on the following 

commodities. Compliance with the 

tolerance levels specified in the 

following table below is to be 

determined by measuring only 

fomesafen, 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-N- 

(methylsulfonyl)-2-nitrobenzamide, in 

or on the commodity. 

Commodity Parts per 

million 

* * * * 

Pepper, bell ................................ 0.025 

Pepper, non-bell ......................... 0.025 

Potato ......................................... 0.025 

* * * * 

Tomato ........................................ 0.025 

* * * * * 

[FR Doc. 2011–5070 Filed 3–8–11; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA229 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for golden tilefish in the 

exclusive economic zone (EEZ) of the 

South Atlantic. This closure is 

necessary to protect the golden tilefish 

resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 9, 2011, until 12:01 

a.m., local time, January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

The commercial quota for golden 

tilefish in the South Atlantic is 282,819 

lb (128,284 kg) for the current fishing 

year, January 1 through December 31, 

2011, as specified in 50 CFR 

622.42(e)(2). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial sector 

for golden tilefish when its quota has 

been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for South Atlantic 

golden tilefish will have been reached 

by March 9, 2011. Accordingly, the 

commercial sector for South Atlantic 

golden tilefish is closed effective 12:01 

a.m., local time, March 9, 2011, until 

12:01 a.m., local time, January 1, 2012. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having golden 

tilefish onboard must have landed and 

bartered, traded, or sold such golden 

tilefish prior to 12:01 a.m., local time, 

March 9, 2011. During the closure, the 

bag limit and possession limits specified 

in 50 CFR 622.39(d)(1)(ii) and (d)(2), 

respectively, apply to all harvest or 

possession of golden tilefish in or from 

the South Atlantic EEZ, and the sale or 

purchase of golden tilefish taken from 

the EEZ is prohibited. The prohibition 

on sale or purchase does not apply to 

the sale or purchase of golden tilefish 

that were harvested, landed ashore, and 

sold prior to 12:01 a.m., local time, 

March 9, 2011, and were held in cold 

storage by a dealer or processor. For a 

person on board a vessel for which a 

Federal commercial or charter vessel/ 

headboat permit for the South Atlantic 

snapper-grouper fishery has been 

issued, the sale and purchase provisions 

of the commercial closure for golden 

tilefish would apply regardless of 

whether the fish are harvested in State 

or Federal waters, as specified in 50 

CFR 622.43(a)(5)(ii). 

Classification 

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 

commercial sector for golden tilefish 

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 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 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 the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: March 4, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5360 Filed 3–4–11; 4:15 pm] 

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