Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 20337 

Market Street, Wilmington, DE 19898, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

chlorantraniliprole, 3-bromo-N-[4- 

chloro-2-methyl-6-[(methylamino)- 

carbonyl]phenyl]-1-(3-chloro-2- 

pyridinyl)-1H-pyrazole-5-carboxamide, 

in or on oilseed, rapeseed, subgroup 

20A at 2.0 ppm; oilseed, sunflower, 

subgroup 20B at 2.0 ppm; oilseed, 

cottonseed, subgroup 20C at 0.3 ppm; 

soybean, aspirated grain fractions at 300 

ppm; vegetable, legume, group 6 at 2.0 

ppm; vegetable, foliage of legume, group 

7 at 30 ppm; and forage, vegetable, 

foliage of legume, group 7 at 90 ppm. 

An analytical residue method has been 

submitted to EPA which permits 

determination of trace residues of the 

parent compound on various food and 

feed commodities. Contact: Jennifer 

Urbanski, (703) 347–0156, email 

address: urbanski.jennifer@epa.gov. 

Amended Tolerances 

1. PP 1E7951. (EPA–HQ–OPP–2011– 

1011). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to amend the tolerances in 40 

CFR 180.117 for residues of the 

herbicide S -ethyl 

dipropylthiocarbamate (EPTC), 

including its metabolites and 

degradates, determined by measuring 

only the sum of S -ethyl 

dipropylthiocarbamate, S -ethyl (2- 

hydroxypropyl) propylcarbamothioate, 

S -(2- 

hydroxyethyl)dipropylcarbamothioate, 

and S -ethyl (3- 

hydroxypropyl)propylcarbamothioate, 

calculated as the stoichiometric 

equivalent of S -ethyl 

dipropylthiocarbamate, by removing the 

following established tolerances: Fruit, 

citrus, group 10 at 0.1 ppm; safflower, 

seed at 0.08 ppm; and sunflower, seed 

at 0.08 ppm, as these commodities are 

included in updated crop groups or 

subgroups listed under ‘‘New 

Tolerances’’ for PP 1E7951. Contact: 

Sidney Jackson, (703) 305–7610, email 

address: jackson.sidney@epa.gov. 

2. PP 1E7958. (EPA–HQ–OPP–2012– 

0107). Interregional Research Project 

Number 4 (IR–4), 500 College Road East, 

Suite 201 W, Princeton, NJ 08540, 

requests to amend 40 CFR 180.641 for 

residues of the insecticide spirotetramat, 

cis-3-(2,5-dimethlyphenyl)-8-methoxy2-oxo-1-azaspiro[4.5]dec-3-en-4-yl-ethyl 

carbonate and its metabolites BYI 

08330-enol cis-3-(2,5-dimethylphenyl)- 

4-hydroxy-8-methoxy-1- 

azaspiro[4.5]dec-3-en-2-one, BYI 08330- 

ketohydroxy cis-3-(2,5-dimethylphenyl)- 

3-hydroxy-8-methoxy-1- 

azaspiro[4.5]decane-2,4-dione, BYI 

08330-enol-Glc cis-3-(2,5- 

dimethylphenyl)-8-methoxy-2-oxo-1- 

azaspiro[4.5]dec-3-en-4-yl beta-Dglucopyranoside, and BYI 08330-monohydroxy cis-3-(2,5-dimethylphenyl)-4- 

hydroxy-8-methoxy-1- 

azaspiro[4.5]decan-2-one, calculated as 

spirotetramat equivalents, by removing 

the established tolerances: Onion, bulb, 

subgroup 3A–07 at 0.30 ppm; fruit, 

citrus, group 10 at 0.60 ppm; fruit, 

pome, group 11 at 0.70 ppm; okra at 2.5 

ppm; and vegetable, fruiting, group 8 at 

2.5 ppm, as they will be superseded by 

inclusion in updated crop groups or 

subgroups listed under ‘‘New 

Tolerances’’. Contact: Laura Nollen, 

(703) 305–7390, email address: 

nollen.laura@epa.gov. 

New Tolerance Exemptions 

1. PP 1E7912. (EPA–HQ–OPP–2012– 

0014). ICR, Inc., 1330 Dillon Heights 

Ave, Catonsville, MD on behalf of Triton 

Systems, Inc., 200 Turnpike Road, 

Chelmsford, MA 01824, requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of 1,2-Ethanediamine, N1-(2- 

aminoethyl)-, polymer with 2,4- 

diisocyanato-1-methylbenzene, with 

number average molecular weight 

greater than 10,000 daltons, (CAS No. 

35297–61–1) under 40 CFR 180.960 

when used as a pesticide inert 

ingredient microencapsulation in 

pesticide formulations. The petitioner 

believes no analytical method is needed 

because this information is generally not 

required when all criteria for polymer 

exemption under 40 CFR 723.250 are 

met. Contact: Anthony Britten, (703) 

308–8179, email address: 

britten.anthony@epa.gov. 

2. PP 1E7938. (EPA–HQ–OPP–2012– 

0043). Honeywell International, Inc., 

101 Columbia Road, Morristown, NJ 

07962–1053, requests to establish an 

exemption from the requirement of a 

tolerance for residues of trans-1,3,3,3- 

tetrafluoroprop-1-ene, (CAS No. 29118– 

24–9) under 40 CFR 180.910, 180.930, 

and 180.940 when used as a pesticide 

inert ingredient propellant in pesticide 

formulations. The petitioner believes no 

analytical method is needed because 

this is a petition for exemption from the 

requirement of a tolerance. Contact: Lisa 

Austin, (703) 305–7894, email address: 

austin.lisa@epa.gov. 

3. PP 1F7960. (EPA–HQ–OPP–2012– 

0152). Enerfab, Inc., 4955 Spring Grove 

Avenue, Cincinnati, OH 45232, requests 

to establish an exemption from the 

requirement of a tolerance for residues 

of the antimicrobial gaseous chlorine 

dioxide, on tomato. EPA Method 300, 

Ion Chromatography, was used for 

measuring chlorite and chlorate 

residues rinsed from surface of produce 

treated with chlorine dioxide gas. 

Contact: Jaclyn Carl, (703) 347–0213, 

email address: carl.jaclyn@epa.gov. 

Amended Tolerance Exemption 

PP 1F7857. (EPA–HQ–OPP–2012– 

0109). Syngenta Seeds, Inc., Field Crops 

NAFTA, P.O. Box 12257, 3054 E. 

Cornwallis Road, Research Triangle 

Park, NC 27709–2257, requests to 

amend an exemption from the 

requirement of a tolerance in 40 CFR 

174.532 for residues of the plantincorporated protectant (PIP), Bacillus 

thuringiensis eCry3.1Ab protein in corn, 

in or on the food and feed commodities 

of corn; corn, field; corn, sweet; and 

corn, pop. The petitioner believes no 

analytical method is needed because an 

exemption from the requirement of a 

tolerance is being sought. However, in 

response to an Agency request, the 

Petitioner has submitted an 

immunoassay method for determination 

of eCry3.1Ab protein in corn tissues. 

Contact: Mike Mendelsohn, (703) 308– 

8715, email address: 

mendelsohn.mike@epa.gov. 

List of Subjects in 40 CFR Parts 174 and 

180 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 16, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–8095 Filed 4–3–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 120312181–2228–01] 

RIN 0648–BC00 and 0648–BC01 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Advance Notice of Proposed 

Rulemaking Regarding the 

Reconsideration of the Allocation of 

Whiting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; request for comments. 


emcdonald on DSK29S0YB1PROD with PROPOSALS
20338 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Proposed Rules 

SUMMARY: A court order issued February 

21, 2012, remands for agency 

reconsideration the regulations 

addressing the initial allocation of 

whiting for the shorebased individual 

fishing quota (IFQ) fishery and the atsea mothership fishery of the Pacific 

Coast Groundfish Trawl Rationalization 

Program (Program) and requires that 

NMFS implement revised regulations 

before the 2013 Pacific whiting fishing 

season begins on April 1, 2013. The 

purpose of this advanced notice of 

proposed rulemaking (ANPR) is to 

announce that the Pacific Fishery 

Management Council (Council) will be 

reconsidering the initial allocation of 

whiting at its April, June, and 

September 2012 meetings, and that 

NMFS is considering two rulemakings 

in response to the court order. The 

affected public should be aware of 

potential reallocation of whiting, as well 

as potential reallocation of a portion of 

the initial allocation of Quota Share 

(QS) for some incidentally caught, 

nonwhiting species. Additionally, this 

ANPR announces that the affected 

public should review, and if necessary, 

correct their data, which may be used 

for reconsideration and any reallocation 

that may occur. 

DATES: Comments on this ANPR must be 

received no later than 5 p.m., local time 

on May 4, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2012–0062, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal, at http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2012–0062 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: 206–526–6736; Attn: Ariel 

Jacobs. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070; Attn: 

Ariel Jacobs. 

Instructions: 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 (for 

example, name, address, etc.) 

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 (if 

submitting comments via the Federal 

e-Rulemaking portal, enter ‘‘N/A’’ in the 

relevant required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel, WordPerfect, 

or Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Jacobs, 206–526–4491; (fax) 206– 

526–6736; Ariel.Jacobs@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 21, 2012, Judge 

Henderson issued a court order in 

Pacific Dawn, LLC v. Bryson, No. C10– 

4829 TEH (N.D. Cal.). The court order 

remands the regulations addressing the 

initial allocation of whiting for the 

shorebased IFQ fishery and the at-sea 

mothership fishery ‘‘for further 

consideration’’ consistent with the 

court’s December 22, 2011, summary 

judgment ruling, the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA), and all other governing law. 

Further, the court order requires that 

NMFS implement revised regulations 

before the 2013 Pacific whiting fishing 

season begins on April 1, 2013. In the 

interim, the existing regulations remain 

in effect, unless suspended or revised by 

NMFS. 

In light of the court order, the Council 

will be reconsidering the initial 

allocation of whiting at its April, June, 

and September 2012 meetings. The 

Council is scheduled to select a range of 

alternatives at its April meeting, a 

preliminary preferred alternative at its 

June meeting, and a final preferred 

alternative and recommendation to 

NMFS at its September meeting. 

Depending on Council 

recommendations and NMFS actions, 

some of the nonwhiting QS issued for 

the shorebased whiting fishery in 

proportion to the whiting allocations, 

could also be affected by the 

reallocation of whiting. Further 

information regarding the Council 

meetings may be found at http:// 

www.pcouncil.org/council-operations/ 

council-meetings/. 

NMFS plans to publish at least two 

rulemakings in response to the court 

order, referred to as Reconsideration of 

the Allocation of Whiting, Rules 1 and 

2 (RAW 1 and RAW 2). The rulemaking 

for RAW 1 would delay at least two 

elements of the current regulations until 

reconsideration of the initial allocation 

has concluded, including the transfer of 

QS or Individual Bycatch Quota (IBQ) 

between QS accounts and the ability to 

change mothership catcher vessel (MS/ 

CV) endorsement and associated catch 

history assignment from one limited 

entry trawl permit to another. In 

addition, NMFS may need to hold back 

sufficient quota pounds for whiting and 

all other incidentally caught species 

from the annual allocation of quota 

pounds (QPs) to QS accounts made on 

or about January 1, 2013 in order to 

allocate the appropriate final amounts 

based on recalculation of QS 

allocations. NMFS may also need to 

consider whether it is necessary to 

restrict limited entry trawl permit 

transfers for a period of time during this 

reconsideration. For the at-sea 

mothership fishery, NMFS may need to 

recalculate the whiting catch history 

assignments which may have an impact 

on processor obligations and coop 

formation, both of which occur before 

April 1, 2013. 

In the proposed rule for RAW I, 

NMFS will announce further details on 

the process for data review and 

corrections. As occurred in 2009–2010, 

prior to the implementation of the 

current Program, the affected public will 

be advised to review, and if necessary, 

correct their data that may be used for 

initial allocation, or reallocation. NMFS 

anticipates publishing the proposed rule 

for RAW 1 in late April, and the final 

rule in July 2012. 

The rulemaking for RAW 2 would 

take in to account the Council’s 

September 2012 recommendation and 

reconsideration of the dates used for 

initial allocation of whiting for the 

shorebased IFQ and at-sea mothership 

fisheries. The proposed rule for RAW 2 

is scheduled to publish in November 

2012, and the final rule in March 2013. 

This rule would be effective by April 1, 

2013, consistent with the court order. 

This advance notice of proposed 

rulemaking has been determined to be 

not significant for purposes of Executive 

Order 12866. 

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

Dated: March 29, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–8106 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–22–P 


emcdonald on DSK29S0YB1PROD with PROPOSALS