14594 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Rules and Regulations 

0.04 ppm, resulting from the application 

of the butoxyethyl ester of triclopyr, 

triethylamine salt of triclopyr, or 

choline salt of triclopyr. 

VI. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) 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 action 

has been exempted from review under 

Executive Order 12866, this action 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 action 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 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 action 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 action. In addition, this 

action does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1501 et seq.). 

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 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 the rule in the Federal 

Register. This action 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 21, 2024. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.417, amend paragraph 

(a)(1) by adding a heading for the table 

and adding in alphabetical order an 

entry for ‘‘Sugarcane, cane’’ to read as 

follows: 

§ 180.417 Triclopyr; tolerance for residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

* * * * * 

Sugarcane, cane ........................ 0.04 

* * * * * 

[FR Doc. 2024–04017 Filed 2–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

Docket No. 220801–0167; RTID 0648–XD737] 

International Fisheries; Pacific Tuna 

Fisheries; Inseason Action for 2024 

Commercial Pacific Bluefin Tuna 

Annual Catch Limit in the Eastern 

Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

announcement of 2024 annual catch 

limit. 

SUMMARY: NMFS is announcing that the 

Pacific bluefin tuna (PBF) 2024 annual 

catch limit for U.S. commercial fishing 

vessels in the eastern Pacific Ocean 

(EPO) is 720 metric tons (mt). 

DATES: The rule is effective 12 a.m. local 

time on March 28, 2024, through 11:59 

p.m. local time on December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Lawson, NMFS West Coast 

Region, 503–230–5421. 

SUPPLEMENTARY INFORMATION: The 

United States is a member of the InterAmerican Tropical Tuna Commission 

(IATTC), which was established under 

the Convention for the Establishment of 

an IATTC signed in 1949 (1949 

Convention). The 1949 Convention 

provides an international agreement to 

ensure the effective international 

conservation and management of highly 

migratory species of fish in the IATTC 

Convention Area. In 2003, the IATTC 

updated the 1949 Convention through 

the adoption of the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The IATTC Convention 

Area, as amended by the Antigua 

Convention, includes the waters of the 

EPO bounded by the coast of the 

Americas, the 50° N and 50° S parallels, 

and the 150° W meridian. 

Fishing for PBF in the EPO is 

managed, in part, under the Tuna 

Conventions Act of 1950, as amended 

(the Act), 16 U.S.C. 951 et seq. Under 

the Act, NMFS must publish regulations 

to carry out recommendations and 

decisions of the IATTC in consultation 

with the Department of State. 

Regulations implementing conservation 

and management measures for tuna and 

tuna-like species in the EPO are codified 

at 50 CFR part 300, subpart C. 


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Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Rules and Regulations 14595 

On August 5, 2022, NMFS published 

a final rule (87 FR 47939) implementing 

IATTC Resolution C–21–05 (Measures 

for the Conservation and Management 

of Pacific Bluefin Tuna in the Eastern 

Pacific Ocean). That rule established an 

initial combined catch limit for 2023– 

2024 of 1,017 mt, not to exceed 720 mt 

in a single year. The 2023 catch limit 

was therefore set at 720 mt, and the 

2024 catch limit is the lesser of the 

amount caught in 2023 subtracted from 

the biennial limit or 720 mt. That rule 

also provided that the initial 2023–2024 

biennial limit would be adjusted if there 

was an over-harvest or under-harvest of 

the 2021–2022 biennial limit. On 

October 5, 2023, NMFS published a 

notice in the Federal Register (88 FR 

69098) announcing a PBF 2023–2024 

biennial catch limit of 1,054 mt. That 

notice stated that the annual catch limit 

for 2024 would be announced at the 

beginning of 2024. This notification 

announces the catch limit for 2024 will 

remain unchanged at 720 mt (i.e., the 1- 

year maximum catch limit for 2023– 

2024). 

As established in the August 2022 

final rule, the annual catch limit for 

2024 is contingent upon the amount of 

PBF tuna caught in 2023; specifically, 

the 2024 limit is the lesser of the 

amount caught in 2023 subtracted from 

the biennial limit or 720 mt. Based on 

landings data and other information 

available as of February 5, 2024, 186 mt 

of PBF were caught by U.S. commercial 

vessels fishing in the EPO in 2023, 

which when subtracted from the 

biennial limit (1,054 mt) results in an 

amount that is in excess of the 1-year 

maximum catch limit of 720 mt. The 

annual catch limit for 2024 is therefore 

720 mt. 

Notice of the annual catch limit has 

also been posted on the NMFS website: 

https://www.fisheries.noaa.gov/westcoast/sustainable-fisheries/pacificbluefin-tuna-commercial-harvest-status. 

Classification 

There is good cause to waive prior 

notice and an opportunity for public 

comment on this action under 5 U.S.C. 

553(b)(B), as notice and comment would 

be impracticable, unnecessary, and 

contrary to the public interest. Existing 

regulations provide NMFS with no 

discretion in setting the 2024 annual 

catch limit; therefore, public comment 

on this action is unnecessary. Moreover, 

prior notice and an opportunity for 

public comment were provided when 

NMFS promulgated the regulations for 

determining the biennial and annual 

catch limits for 2023–2024. Notification 

of the 2023–2024 biennial catch limit 

and associated annual catch limit were 

also provided to the public through 

posting on the NMFS website. 

This action is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 951 et seq. 

Dated: February 22, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–04054 Filed 2–27–24; 8:45 am] 

BILLING CODE 3510–22–P 


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