21676 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 27, 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 180.561 is amended by 

revising paragraph (a) to read as follows: 

§ 180.561 Acibenzolar-S-methyl; 

tolerances for residues. 

(a) General. Tolerances are 

established for residues of acibenzolarS-methyl, benzo(1,2,3)thiadiazole-7- 

carbothioic acid-S-methyl ester, 

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 those 

acibenzolar-S-methyl residues 

convertible to benzo(1,2,3)thiadiazole-7- 

carboxylic acid (CGA–210007), 

expressed as the stoichiometric 

equivalent of acibenzolar-S-methyl, in 

or on the following raw agricultural 

commodities. 

Commodity Parts per 

million 

Banana 1 ..................................... 0 .1 

Berry, low growing, subgroup 

13–07G ................................... 0 .15 

Onion, bulb, subgroup 3–07A .... 0 .1 

Spinach ....................................... 1 .0 

Tomato, paste ............................. 3 .0 

Vegetable, brassica, leafy, group 

5 .............................................. 1 .0 

Vegetable, cucurbit, group 9 ...... 2 .0 

Vegetable, fruiting, group 8 ........ 1 .0 

Vegetable, leafy, group 4 ........... 0 .25 

1There are no United States registrations 

for banana. 

* * * * * 

[FR Doc. 2012–8355 Filed 4–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0934; FRL–9333–6] 

Silicic Acid, Sodium Salt etc.; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Silicic acid, 

sodium salt, reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol; when used as an inert ingredient 

in a pesticide chemical formulation. 

Dow Corning Corporation submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol on food or feed commodities. 

DATES: This regulation is effective April 

11, 2012. Objections and requests for 

hearings must be received on or before 

June 11, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0934. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Alganesh Debesai, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8353; email address: 

debesai.alganesh@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0934 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21677 

must be in writing, and must be 

received by the Hearing Clerk on or 

before June 11, 2012. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0934, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of Thursday, 

December 8, 2011 (76 FR 76674) (FRL– 

9328–8), EPA issued a notice pursuant 

to section 408 of FFDCA, 21 U.S.C. 

346a, announcing the receipt of a 

pesticide petition (PP 1E7877) filed by 

Dow Corning Corporation, 2200 W. 

Salzburg Road, Midland, MI. The 

petition requested that 40 CFR 180.960 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of Silicic acid, 

sodium salt, reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol. That notice included a summary 

of the petition prepared by the 

petitioner and solicited comments on 

the petitioner’s request. The Agency 

received one comment. EPA’s response 

to this comment is discussed in Unit 

VIII.C. 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and 

use in residential settings, but does not 

include occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing an 

exemption from the requirement of a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue * * *’’ and specifies 

factors EPA is to consider in 

establishing an exemption. 

III. Risk Assessment and Statutory 

Findings 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown that the 

risks from aggregate exposure to 

pesticide chemical residues under 

reasonably foreseeable circumstances 

will pose no appreciable risks to human 

health. In order to determine the risks 

from aggregate exposure to pesticide 

inert ingredients, the Agency considers 

the toxicity of the inert in conjunction 

with possible exposure to residues of 

the inert ingredient through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information to 

human risk. EPA has also considered 

available information concerning the 

variability of the sensitivities of major 

identifiable subgroups of consumers, 

including infants and children. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b) and the exclusion 

criteria for identifying these low-risk 

polymers are described in 40 CFR 

723.250(d). Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol conforms to the definition of a 

polymer given in 40 CFR 723.250(b) and 

meets the following criteria that are 

used to identify low-risk polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, the polymer also meets 

as required the following exemption 

criteria specified in 40 CFR 723.250(e): 

The polymer’s number average MW of 

75,000 is greater than or equal to 10,000 

daltons. The polymer contains less than 

2% oligomeric material below MW 500 

and less than 5% oligomeric material 

below MW 1,000. 

Thus, Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol meets the criteria for a polymer 

to be considered low risk under 40 CFR 

723.250. Based on its conformance to 

the criteria in this unit, no mammalian 

toxicity is anticipated from dietary, 

inhalation, or dermal exposure to Silicic 

acid, sodium salt, reaction products 

with chlorotrimethylsilane and isopropyl alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that Silicic 

acid, sodium salt, reaction products 


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21678 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

with chlorotrimethylsilane and isopropyl alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol could be present in all raw and 

processed agricultural commodities and 

drinking water, and that nonoccupational non-dietary exposure was 

possible. The number average MW of 

Silicic acid, sodium salt, reaction 

products with chlorotrimethylsilane and 

iso-propyl alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol is 75,000 daltons. Generally, a 

polymer of this size would be poorly 

absorbed through the intact 

gastrointestinal tract or through intact 

human skin. Since Silicic acid, sodium 

salt, reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol conform to the criteria that 

identify a low-risk polymer, there are no 

concerns for risks associated with any 

potential exposure scenarios that are 

reasonably foreseeable. The Agency has 

determined that a tolerance is not 

necessary to protect the public health. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found Silicic acid, 

sodium salt, reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol to share a common mechanism of 

toxicity with any other substances, and 

Silicic acid, sodium salt, reaction 

products with chlorotrimethylsilane and 

iso-propyl alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol does not appear to produce a 

toxic metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has 

assumed that Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol does not have a common 

mechanism of toxicity with other 

substances. For information regarding 

EPA’s efforts to determine which 

chemicals have a common mechanism 

of toxicity and to evaluate the 

cumulative effects of such chemicals, 

see EPA’s Web site at http:// 

www.epa.gov/pesticides/cumulative. 

VI. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold margin of safety for 

infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the data base unless 

EPA concludes that a different margin of 

safety will be safe for infants and 

children. Due to the expected low 

toxicity of Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol, EPA has not used a safety factor 

analysis to assess the risk. For the same 

reasons the additional tenfold safety 

factor is unnecessary. 

VII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low-risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of Silicic acid, sodium salt, 

reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol. 

VIII. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for Silicic acid, sodium salt, reaction 

products with chlorotrimethylsilane and 

iso-propyl alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of Silicic acid, 

sodium salt, reaction products with 

chlorotrimethylsilane and iso-propyl 

alcohol, reaction with 

poly(oxypropylene)-poly(oxyethylene) 

glycol from the requirement of a 

tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance 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 rules 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 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). 

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 


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Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21679 

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, or otherwise have any unique 

impacts on local governments. 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). 

Although this action does not 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), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

One comment was received from a 

private citizen who opposed the 

authorization to sell any pesticide that 

leaves residue on food. The Agency 

understands the commenter’s concerns 

and recognizes that some individuals 

believe that no residue of pesticides 

should be allowed. However, under the 

existing legal framework provided by 

section 408 of the Federal Food, Drug 

and Cosmetic Act (FFDCA) EPA is 

authorized to establish pesticide 

tolerances or exemptions where persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

the statute. 

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 rule in the Federal 

Register. This 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: April 3, 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. In § 180.960, the table is amended 

by adding alphabetically the following 

polymer to read as follows: 

§ 180.960 Polymer; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS 

No. 

*******

Silicic acid, sodium salt, reaction products with chlorotrimethylsilane and iso-propyl alcohol, reaction with poly(oxypropylene)- 

poly(oxyethylene) glycol, minimum number average molecular weight (in amu), 75,000.

None. 

* * * * * * * 

[FR Doc. 2012–8733 Filed 4–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 111104664–2106–02] 

RIN 0648–BB61 

Shrimp Fisheries of the Gulf of Mexico 

and South Atlantic; Revisions of 

Bycatch Reduction Device Testing 

Protocols 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

framework procedures for adjusting 

management measures of the Fishery 

Management Plan for the Shrimp 

Fishery of the Gulf of Mexico (Gulf 

FMP) and the Fishery Management Plan 

for the Shrimp Fishery of the South 

Atlantic Region (South Atlantic FMP), 

this rule certifies two new bycatch 

reduction devices (BRDs) for use in the 

Gulf of Mexico (Gulf) and South 

Atlantic shrimp fisheries, and revises a 

harvesting restriction for shrimp vessels 

fishing in Federal waters of the Gulf. 

Both BRDs represent modifications to 

the Composite Panel BRD, which is 

provisionally certified through May 24, 

2012. This rule incorporates these BRDs 

into the list of allowable BRDs, and 

provides technical specifications for the 

construction and subsequent legal 

enforcement of these BRDs. 

Additionally, this rule reduces the 

shrimp effort threshold for the Gulf 

shrimp fishery. The intended effect of 

this final rule is to improve bycatch 

reduction efforts in the Gulf and South 

Atlantic shrimp fisheries, provide 

greater flexibility to the industry, reduce 

the potential adverse social and 

economic impacts to fishing 

communities of previous restrictions, 

and meet the requirements of National 

Standard 9 of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) which 


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