Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50145 

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 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 section 408(n)(4) of FFDCA. 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 

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) (Public Law 104–4). 

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), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. 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: September 22, 2009. 

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 180.565 is amended by: 

a. Revising the introductory text in 

paragraph (a). 

b. Removing the entries for bushberry 

subgroup 13B; caneberry subgroup 13A; 

grape; Juneberry; lingonberry; salal; 

strawberry; and vegetable, root, except 

sugar beet, subgroup 1B from the table 

in paragraph (a). 

c. Revising the existing entries for 

cattle, meat byproducts; goat, meat 

byproducts; horse, meat byproducts; 

and sheep, meat byproducts in the table 

in paragraph (a). 

d. By alphabetically adding entries for 

avocado; berry, low growing, subgroup 

13-07G, except cranberry; bushberry 

subgroup 13-07B, except lingonberry 

and blueberry, lowbush; caneberry 

subgroup 13-07A; canistel; fruit, small, 

vine climbing, subgroup 13-07F, except 

fuzzy kiwifruit; mango; papaya; rice, 

grain; sapodilla; sapote, black; sapote, 

mamey; star apple; vegetable, root, 

subgroup 1A; to the table in paragraph 

(a) to read as follows: 

§ 180.565 Thiamethoxam; tolerances for 

residues. 

(a) Tolerances are established for 

residues of the insecticide 

thiamethoxam, including its metabolites 

and degradates, in or on the following 

commodities. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only 

thiamethoxam (3-[(2-chloro-5- 

thiazolyl)methyl]tetrahydro-5-methyl-Nnitro-4H-1,3,5-oxadiazin-4-imine) and 

its metabolite CGA-322704 [N-(2-chlorothiazol-5-ylmethyl)-N’-methyl-N’-nitroguanidine], calculated as the 

stoichiometric equivalent of 

thiamethoxam, in or on the following 

commodities: 

Commodity Parts per million 

*****

Avocado .......................... 0.40 

Commodity Parts per million 

*****

Berry, low growing, subgroup 13-07G, except 

cranberry ..................... 0.30 

*****

Bushberry subgroup 13- 

07B, except 

lingonberry and blueberry, lowbush ............. 0.20 

Caneberry subgroup 13- 

07A .............................. 0.35 

Canistel ........................... 0.40 

*****

Cattle, meat byproducts 0.04 

*****

Fruit, small, vine climbing, subgroup 13-07F, 

except fuzzy kiwifruit ... 0.20 

*****

Goat, meat byproducts ... 0.04 

*****

Horse, meat byproducts 0.04 

*****

Mango ............................. 0.40 

*****

Papaya ............................ 0.40 

*****

Rice, grain ...................... 0.02 

*****

Sapodilla ......................... 0.40 

*****

Sapote, black .................. 0.40 

Sapote, mamey .............. 0.40 

Sheep, meat byproducts 0.04 

*****

Star apple ....................... 0.40 

*****

Vegetable, root, subgroup 1A ..................... 0.05 

*****

[FR Doc. E9–23628 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XR90 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

620 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2009 total 


sroberts on DSKD5P82C1PROD with RULES
50146 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

allowable catch (TAC) of pollock 

specified for Statistical Area 620 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 29, 2009, 

through 1200 hrs, A.l.t., October 1, 

2009. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 15, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by [RIN 0648- 

XR90], by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on August 

31, 2009 (74 FR 44772, August 31, 

2009). 

NMFS has determined that 

approximately 2,048 mt of pollock 

remain in the directed fishing allowance 

in Statistical Area 620 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2009 TAC of 

pollock in Statistical Area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the GOA. This 

will enhance the socioeconomic wellbeing of harvesters dependent upon 

pollock in this area. The Administrator, 

Alaska Region (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) the current 

catch of pollock by the GOA trawl sector 

and, (2) the harvest capacity and stated 

intent on future harvesting patterns of 

vessels in participating in this fishery. 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 620 of the 

GO, effective 1200 hrs, A.l.t., October 1, 

2009. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The 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) and 679.25(c)(1)(ii) 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 

opening of pollock in Statistical Area 

620 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 September 24, 2009. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 620 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 15, 2009. 

This action is required by§ 679.20 and 

§ 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 25, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–23578 Filed 9–25–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XR91 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the C 

season allowance of the 2009 total 

allowable catch (TAC) of pollock 

specified for Statistical Area 630 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 29, 2009, 

through 1200 hrs, A.l.t., October 1, 

2009. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 15, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by [RIN], by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P. O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 


sroberts on DSKD5P82C1PROD with RULES