Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 8749 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been 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 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) (Pub. L. 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: February 1, 2012. 

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 180.564 is amended by 

adding the designation ‘‘(1)’’ after the 

heading ‘‘General’’ in paragraph (a), and 

by adding paragraph (a)(2) to read as 

follows: 

§ 180.564 Indoxacarb; tolerances for 

residues. 

(a) General. (1) * * * 

(2) Tolerances are established for 

residues of indoxacarb, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only the sum of indoxacarb, 

(S)-methyl-7-chloro-2,5-dihydro-2- 

[[(methoxycarbonyl)[4- 

(trifluoromethoxy)- 

phenyl]amino]carbonyl]indeno[1,2e] 

[1,3,4]oxadiazine-4a(3H)-carboxylate, its 

R-enantiomer, (R)-methyl 7-chloro-2,5- 

dihydro-2-[[(methoxycarbonyl)[4- 

(trifluoromethoxy) 

phenyl]amino]carbonyl]indeno [1,2-e] 

[1,3,4] oxadiazine-4a(3H)-carboxylate, 

and the metabolites: IN–JT333, methyl 

7-chloro-2,5-dihydro-2-[[[4- 

(trifluoromethoxy)phenyl]- 

amino]carbonyl]indeno[1,2- 

e][1,3,4]oxadiazine-4a(3H)-carboxylate; 

IN–KT319, (E)-methyl 5-chloro-2,3,- 

dihydro-2-hydroxy-1- 

[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]amino]- 

carbonyl]hydrazono]-1H-indene-2- 

carboxylate; IN–JU873, methyl 5-chloro2,3-dihydro-2-hydroxy-1-[[[[4- 

(triflurormethoxy)- 

phenyl]amino]carbonyl]hydrazono]-1Hindene-2-carboxylate; IN–KG433, 

methyl 5-chloro-2,3,-dihydro-2- 

hydroxy-1-[[[(methoxycarbonyl)[4- 

(trifluoromethoxy)phenyl]

amino]carbonyl]-hydrazono]-1

2-carboxylate; and IN–KB687, methyl 

[4-(trifluoromethoxy)phenyl]carbamate, 

calculated as the stoichiometric 

equivalent of indoxacarb in the 

commodity. 

Commodity Parts per 

million 

Egg ............................................. 0.20 

Poultry, fat .................................. 0.20 

Poultry, meat .............................. 0.06 

Poultry, meat byproducts ............ 0.06 

* * * * * 

[FR Doc. 2012–3157 Filed 2–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA989 

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. 


erowe on DSK2VPTVN1PROD with RULES
8750 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Rules and Regulations 

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

local time, February 17, 2012, until 

12:01 a.m., local time, January 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone: 727–824– 

5305, email: 

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, 

2012, 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 February 17, 2012. Accordingly, the 

commercial sector for South Atlantic 

golden tilefish is closed effective 12:01 

a.m., local time, February 17, 2012, until 

12:01 a.m., local time, January 1, 2013. 

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, 

February 17, 2012. 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, February 17, 2012, 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 golden tilefish 

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: February 10, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–3543 Filed 2–10–12; 4:15 pm] 

BILLING CODE 3510–22–P 


erowe on DSK2VPTVN1PROD with RULES