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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