Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 33195 

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 tolerances 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) (Public Law 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: May 27, 2010. 

Daniel J. Rosenblatt, 

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. Amend § 180.555 as follows: 

■ a. Revise the introductory text of 

paragraph (a). 

■ b. Revise the following entries in the 

table in paragraph (a): cattle, fat; cattle, 

meat; cattle, meat byproducts; corn, 

field, forage; corn, sweet, forage; corn, 

sweet, stover; goat, fat; goat, meat; goat, 

meat byproducts; horse, fat; horse, meat; 

horse, meat byproducts; and sheep, fat; 

sheep, meat; and sheep, meat 

byproducts. 

■ c. Revise paragraph (b). 

The revisions read as follows: 

§ 180.555 Trifloxystrobin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of 

trifloxystrobin, 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 

trifloxystrobin, benzeneacetic acid, 

(E,E)-a-(methoxyimino)-2-[[[[1-[3- 

(trifluoromethyl) phenyl]ethylidene] 

amino]oxy]methyl]-, methyl ester, and 

the free form of its acid metabolite 

CGA–321113, (E,E)-methoxyimino-[2-[1- 

(3-trifluoromethyl-phenyl)- 

ethylideneaminooxymethyl]- 

phenyl]acetic acid, calculated as the 

stoichiometric equivalent of 

trifloxystrobin, in or on the commodity. 

Commodity Parts per 

million 

* * * * * 

Cattle, fat .................................. 0.1 

Cattle, meat .............................. 0.1 

Cattle, meat byproducts ........... 0.1 

* * * * * 

Corn, field, forage ..................... 6.0 

* * * * * 

Corn, sweet, forage .................. 7.0 

* * * * * 

Corn, sweet, stover .................. 4.0 

* * * * * 

Goat, fat .................................... 0.1 

Goat, meat ................................ 0.1 

Goat, meat byproducts ............. 0.1 

* * * * * 

Horse, fat .................................. 0.1 

Horse, meat .............................. 0.1 

Horse, meat byproducts ........... 0.1 

* * * * * 

Sheep, fat ................................. 0.1 

Sheep, meat ............................. 0.1 

Sheep, meat byproducts .......... 0.1 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

* * * * * 

[FR Doc. 2010–13938 Filed 6–10–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; New 

Designated Country—Taiwan—DFARS 

Case 2009–D010) 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting, as final, an 

interim rule amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to add Taiwan as 

a designated country, due to the 

accession of Taiwan to membership in 

the World Trade Organization 

Government Procurement Agreement. 

DATES: Effective date: June 11, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

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33196 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Rules and Regulations 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060. Telephone 703–602–0328; 

facsimile 703–602–0350. Please cite 

DFARS Case 2009–D022. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On July 15, 2009, Taiwan became a 

designated country under the World 

Trade Organization Government 

Procurement Agreement. DoD published 

an interim rule at 74 FR 61045 on 

November 23, 2009, that added Taiwan 

to the list of World Trade Organization 

Government Procurement Agreement 

countries in the trade agreement 

provisions and clauses in Part 252. 

DoD notes that being added as a 

‘‘designated country’’ under trade 

agreements does not affect Taiwan’s 

status with regard to being an acceptable 

source for specialty metals and items 

containing specialty metals. The 

exception to the specialty metals 

restrictions is only for specialty metals 

that are melted or produced in a 

‘‘qualifying country’’ or items that 

contain specialty metals and are 

manufactured in a qualifying country. 

The qualifying countries are listed at 

DFARS 225.003(10). Taiwan is not a 

qualifying country. 

DoD received comments from one 

respondent, but the comments were 

outside the scope of this case. 

This rule was subject to Office of 

Management and Budget review under 

section 6(b) of Executive Order 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. This is not a major 

rule. 

B. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

Although the rule opens up Government 

procurement to the products of Taiwan 

in acquisitions that are subject to trade 

agreements, DoD only applies the trade 

agreements to acquisitions of those nondefense items listed at DFARS 225.401– 

70. Acquisitions of supplies that are set 

aside for small businesses are exempt. 

C. Paperwork Reduction Act 

Although the interim rule did not 

make any direct change to the provision 

at DFARS 252.225–7020, the addition of 

Taiwan as a designated country does 

affect the certification and information 

collection requirements in that 

provision, which is currently approved 

under Office of Management and Budget 

Control Number 0704–0229. DFARS 

252.225–7020(a) references the 

definition of ‘‘designated country’’ in the 

clause at DFARS 252.225–7021, which 

has been changed by this rule to include 

Taiwan. The impact, however, is 

negligible. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 252 which was 

published at 74 FR 61045 on November 

23, 2009, is adopted as a final rule 

without change. 

[FR Doc. 2010–14123 Filed 6–10–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100421192–0193–01] 

RIN 0648–XW80 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Suspension of the Primary Pacific 

Whiting Season for the Shore-based 

Sector South of 42≥ North Latitude 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing restrictions. 

SUMMARY: NMFS announces the 

suspension of the Pacific whiting 

(whiting) fishery primary season for the 

shore-based sector south of 42° N. lat. at 

8 p.m. local time (l.t.) May 16, 2010. 

‘‘Per trip’’ limits for whiting were 

reinstated until 0001 hours June 15, 

2010, at which time the primary season 

for the shore-based sector opens 

coastwide. This action is authorized by 

regulations implementing the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP), which governs the 

groundfish fishery off Washington, 

Oregon, and California. This action is 

intended to keep the harvest of whiting 

at the 2010 allocation levels. 

DATES: Effective from 8 p.m. l.t. May 16, 

2010, until 0001 hours June 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: The 

regulations at 50 CFR 660.323(a) 

established separate allocations for the 

catcher/processor, mothership, and 

shore-based sectors of the whiting 

fishery. The 2010 commercial Optimum 

Yield (OY) for Pacific whiting is 140,996 

mt. This is calculated by deducting the 

49,939 mt tribal allocation and 3,000 mt 

for research catch and bycatch in nongroundfish fisheries from the 193,935 

mt U.S. total catch OY. Each sector 

receives a portion of the commercial 

OY, with the catcher/processors getting 

34 percent (47,939 mt), motherships 

getting 24 percent (33,839 mt), and the 

shore-based sector getting 42 percent 

(59,218 mt). The regulations further 

divide the shore-based allocation so that 

no more than 5 percent (2,961 mt) of the 

shore-based allocation may be taken in 

waters off the State of California before 

the primary season begins north of 42° 

N. lat. The 5–percent allocation is 

intended to minimize incidental catch 

of Chinook salmon. 

The primary season for the shorebased sector is the period or periods 

when the large-scale target fishery is 

conducted, and when (per trip) limits 

are not in effect for vessels targeting 

Pacific whiting with mid-water gear. 

Because whiting migrate from south to 

north during the fishing year, the shorebased primary whiting season begins 

earlier south of 42° N. lat. than north. 

For 2010: the primary season for the 

shore-based sector between 42°-40°30’ 

N. lat. began on April 1; south of 40°30’ 

N. lat., the primary season began on 

April 15; and the fishery north of 42° N. 

lat. is scheduled to begin June 15. 

Although the fishery opened in April, 

the vessels choose to delay fishing until 

May 1, 2010. 

Because the 2,961 mt allocation for 

the early season fishery off California 

was estimated to be reached, NMFS is 

announcing the suspension of the 

primary whiting season south of 42° N. 

lat. Regulations at 50 CFR 660.323 (b)(4) 

allow this action to be taken. The 

20,000–lb (9,072 kg) trip limit that was 

in place before the start of the primary 

season south of 42° N. lat. was 

reinstated and remains in effect until 

the primary season fishery opens 

coastwide on June 15. A trip limit of 

10,000 lb (4,536 kg) of whiting is in 

effect year-round (unless landings of 

whiting are prohibited) for vessels that 

fish in the Eureka area shoreward of the 

100–fm (183–m) contour at any time 

during a fishing trip. This smaller limit 

is intended to minimize incidental catch 

of Chinook salmon, which are more 

likely to be caught shallower than 100 

fm (183 m) in the Eureka area. 

WReier-Aviles on DSKGBLS3C1PROD with RULES