16306 Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint 

United Nations 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 thiram in or on 

banana. 

V. Conclusion 

Therefore, EPA is removing the 

expiration/revocation date for the 

current tolerance for residues of thiram, 

in or on banana at 0.80 ppm. 

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: March 19, 2015. 

Susan Lewis, 

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 § 180.132, the table in paragraph 

(a) is revised to read as follows: 

§ 180.132 Thiram; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

Apple ................................... 7 .0 

Banana 1 ............................. 0 .80 

Peach .................................. 7 .0 

Strawberry .......................... 20 

1 No U.S. registrations as of September 23, 

2009. 

* * * * * 

[FR Doc. 2015–06981 Filed 3–26–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130403320–4891–02] 

RIN 0648–XD828 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; 2015–2016 Recreational 

Fishing Season for Black Sea Bass 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; recreational 

season length. 

SUMMARY: NMFS announces that the 

length of the recreational season for 

black sea bass in the exclusive economic 

zone (EEZ) of the South Atlantic will 

extend throughout the fishing year. 

Announcing the length of recreational 

season for black sea bass is one of the 

accountability measures (AMs) for the 

recreational sector. This announcement 

allows recreational fishermen to 

maximize their opportunity to harvest 

the recreational annual catch limit 

(ACL) for black sea bass during the 

fishing season while managing harvest 

to protect the black sea bass resource. 

DATES: This rule is effective from 12:01 

a.m., local time, April 1, 2015, until 

12:01 a.m., local time, April 1, 2016, 

unless changed by subsequent 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Nikhil Mehta, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

nikhil.mehta@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery includes black 

sea bass in the South Atlantic and is 

managed under the Fishery 

Management Plan for the SnapperVerDate Sep<11>2014 16:44 Mar 26, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\27MRR1.SGM 27MRR1

asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Rules and Regulations 16307 

Grouper Fishery of the South Atlantic 

Region (FMP). The South Atlantic 

Fishery Management Council prepared 

the FMP and the FMP is implemented 

by NMFS under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The final rule implementing 

Regulatory Amendment 14 to the FMP 

changed the recreational fishing season 

for black sea bass from June 1–May 31 

to April 1–March 31 (79 FR 66316, 

November 7, 2014). The final rule also 

revised the recreational AMs for black 

sea bass. Prior to the start of each 

recreational fishing year on April 1, 

NMFS will project the length of the 

recreational fishing season based on 

when NMFS projects the recreational 

ACL to be met and will announce the 

recreational season end date in the 

Federal Register (50 CFR 622.193(e)(2)). 

The purpose of this revised AM is to 

implement a more predictable 

recreational season length while still 

constraining harvest at or below the 

recreational ACL to protect the stock 

from experiencing adverse biological 

consequences. 

An increased recreational ACL of 

1,033,980 lb (469,005 kg), round weight, 

was established through the final rule 

for Regulatory Amendment 19 to the 

FMP on September 23, 2013 (78 FR 

58249). Harvest levels of black sea bass 

were not close to reaching the 

recreational ACL of 1,033,980 lb 

(469,005 kg) round weight during the 

2012/2013 through 2014/2015 fishing 

years, and therefore, NMFS estimates 

that the recreational ACL will not be 

met in the 2015–2016 fishing season. 

Accordingly, the season end date for 

recreational fishing for black sea bass in 

the South Atlantic EEZ is March 31, 

2016. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic black sea 

bass and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.193(e)(2) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement the recreational 

season length constitutes good cause to 

waive the requirements to provide prior 

notice and opportunity for public 

comment pursuant to the authority set 

forth in 5 U.S.C. 553(b)(B), because prior 

notice and opportunity for public 

comment on this temporary rule is 

unnecessary. Such procedures are 

unnecessary, because the rule 

establishing the AM has already been 

subject to notice and comment, and all 

that remains is to notify the public of 

the recreational season length. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: March 24, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–07093 Filed 3–24–15; 4:15 pm] 

BILLING CODE 3510–22–P 


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