Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 12213 

under FFDCA section 408(d) 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 FFDCA section 408(n)(4). 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 15, 2012. 

Steven Bradbury, 

Director, 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 180.659 is added to subpart 

C to read as follows: 

§ 180.659 Pyroxasulfone; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of the herbicide 

pyroxasulfone, 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 

pyroxasulfone, 3-[[[5-(difluoromethoxy)- 

1-methyl-3-(trifluoromethyl)-1Hpyrazol-4-yl]methyl]sulfonyl]-4,5- 

dihydro-5,5-dimethylisoxazole, and its 

metabolite, 5-(difluoromethoxy)-1- 

methyl-3-(trifluoromethyl)-1H-pyrazol4-carboxylic acid (M-3), calculated as 

the stoichiometric equivalent of 

pyroxasulfone, in or on the commodity. 

Commodity Parts per 

million 

Corn, field, grain ......................... 0.015 

Corn, pop, grain .......................... 0.015 

Corn, sweet, kernel plus cob 

with husks removed ................ 0.015 

(2) Tolerances are established for 

residues of the herbicide pyroxasulfone, 

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 pyroxasulfone, 3-[[[5- 

(difluoromethoxy)-1-methyl-3- 

(trifluoromethyl)-1H-pyrazol-4- 

yl]methyl]sulfonyl]-4,5-dihydro-5,5- 

dimethylisoxazole, and its metabolites, 

5-(difluoromethoxy)-1-methyl-3- 

(trifluoromethyl)-1H-pyrazol-4- 

yl]methanesulfonic acid (M–1); 5- 

(difluoromethoxy)-1-methyl-3- 

(trifluoromethyl)-1H-pyrazol-4- 

carboxylic acid (M-3); and [5- 

(difluoromethoxy)-3-(trifluoromethyl)- 

1H-pyrazol-4-yl]methanesulfonic acid 

(M-25), calculated as the stoichiometric 

equivalent of pyroxasulfone, in or on 

the commodity. 

Commodity Parts per 

million 

Corn, field, forage ....................... 0.06 

Commodity Parts per 

million 

Corn, field, stover ....................... 0.15 

Corn, pop, stover ........................ 0.15 

Corn, sweet, forage .................... 0.10 

Corn, sweet, stover .................... 0.15 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2012–4478 Filed 2–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XB044 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species by Amendment 80 Vessels in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by 

Amendment 80 vessels in the Gulf of 

Alaska (GOA). This action is necessary 

because the first seasonal 

apportionment of the sideboard limit for 

2012 Pacific halibut prohibited species 

catch (PSC) specified for the shallowwater species fishery by Amendment 80 

vessels in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 24, 2012, through 

1200 hrs, A.l.t., April 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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. 


tkelley on DSK3SPTVN1PROD with RULES
12214 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Rules and Regulations 

The first seasonal allowance of the 

2012 Pacific halibut PSC limit specified 

for the shallow-water species fishery by 

Amendment 80 vessels in the GOA is 10 

metric tons as established by the final 

2011 and 2012 harvest specifications for 

groundfish of the GOA (76 FR 11111, 

March 1, 2011) for the period 1200 hrs, 

A.l.t., January 20, 2012, through 1200 

hrs, A.l.t., April 1, 2012. 

In accordance with 

§ 679.20(d)(1)(vi)(C)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the first seasonal 

apportionment of the 2012 Pacific 

halibut PSC limit specified for the 

shallow-water species fishery by 

Amendment 80 vessels in the GOA has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates, and ‘‘other species.’’ 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting 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) 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 closure of the shallow-water 

species fishery by Amendment 80 

vessels subject to sideboard limits using 

trawl gear in 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 February 23, 2012. 

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. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 24, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4834 Filed 2–24–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2102–02] 

RIN 0648–XB038 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the Aleut 

Corporation’s pollock directed fishing 

allowance and the Community 

Development Quota from the Aleutian 

Islands subarea to the Bering Sea 

subarea directed fisheries. These actions 

are necessary to provide opportunity for 

harvest of the 2012 total allowable catch 

of pollock, consistent with the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 29, 2012, until 

2400 hrs, A.l.t., December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council (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. 

In the Aleutian Islands subarea, the 

portion of the 2012 pollock total 

allowable catch (TAC) allocated to the 

Aleut Corporation’s directed fishing 

allowance (DFA) is 15,500 metric tons 

(mt) and the Community Development 

Quota (CDQ) is 1,900 mt as established 

by the final 2012 and 2013 harvest 

specifications for groundfish in the 

BSAI (77 FR 10669, February 23, 2012). 

As of February 23, 2012, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ in the Aleutian Islands 

subarea will not be harvested. 

Therefore, in accordance with 

§ 679.20(a)(5)(iii)(B)(4), NMFS 

reallocates 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ from the Aleutian Islands 

subarea to the 2012 Bering Sea subarea 

allocations. The 1,900 mt of pollock 

CDQ is added to the 2012 Bering Sea 

CDQ DFA. The remaining 10,500 mt of 

pollock is apportioned to the AFA 

Inshore sector (50 percent), AFA 

catcher/processor sector (40 percent), 

and the AFA mothership sector (10 

percent). The 2012 pollock incidental 

catch allowance remains at 32,400 mt. 

As a result, the harvest specifications for 

pollock in the Aleutian Islands subarea 

included in the final 2012 and 2013 

harvest specifications for groundfish in 

the BSAI (77 FR 10669, February 23, 

2012) are revised as follows: 5,000 mt to 

Aleut Corporation’s DFA and 0 mt to 

CDQ pollock. Furthermore, pursuant to 

§ 679.20(a)(5), Table 3 of the final 2012 

and 2013 harvest specifications for 

groundfish in the BSAI (77 FR 10669, 

February 23, 2012) is revised to make 

2012 pollock allocations consistent with 

this reallocation. This reallocation 

results in adjustments to the 2012 Aleut 

Corporation and CDQ pollock 

allocations established at § 679.20(a)(5). 


tkelley on DSK3SPTVN1PROD with RULES