3938 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

5A’’; and ‘‘Vegetable, root (except 

sugarbeet), subgroup 1B’’ expire on 

February 28, 2022. 

As a housekeeping measure, EPA is 

also directing the Federal Register to 

remove entries to the table in paragraph 

(a)(1) of 40 CFR 180.242 for ‘‘Bean, dry, 

seed’’ and ‘‘Soybean’’ in this correction 

document, because these tolerances 

expired on March 21, 2017. Footnote 2 

to the table in paragraph (a)(1) of 40 CFR 

180.242 indicating that these tolerances 

expired on March 21, 2017 was already 

removed in the August 30, 2021 final 

rule, as described above. 

EPA’s instructions in the August 30, 

2021 final rule regarding tolerances for 

‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; 

‘‘Brassica, head and stem, subgroup 

5A’’; and ‘‘Vegetable, root (except 

sugarbeet), subgroup 1B’’ and footnote 1 

to the table in 40 CFR 180.242(a)(1) 

were not consistent with its authority 

under FFDCA section 408(d)(4)(A) or 

with the preamble of the August 30, 

2021 final rule. Therefore, EPA is 

rescinding those instructions and 

reinstating and revising the entries for 

‘‘Alfalfa, forage’’; ‘‘Alfalfa, hay’’; 

‘‘Brassica, head and stem, subgroup 

5A’’; and ‘‘Vegetable, root (except 

sugarbeet), subgroup 1B’’ in the table in 

paragraph (a)(1) of 40 CFR 180.242. 

Additionally, EPA is reinstating 

footnote 1 and adding a new footnote 2 

to the table in paragraph (a)(1) of 40 CFR 

180.242. The new footnote 2 indicates 

that the four tolerances expire six 

months from publication of today’s 

notice rather than on February 28, 2022 

to make sure the phased tolerance 

change is clear and transparent. 

III. Why are these corrections issued as 

a final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making these corrections final 

without prior proposal and opportunity 

for comment, because EPA 

inadvertently instructed the Federal 

Register to remove four tolerances that 

should have been revised and to delete 

two footnotes concerning other 

tolerances, as described above. 

Additionally, EPA has determined that 

removing the tolerances that expired in 

2017 is a housekeeping measure that has 

no substantive effect. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

IV. Do any of the statutory and 

Executive Order review apply to this 

action? 

No. For a detailed discussion 

concerning the statutory and executive 

order review refer to Unit VI. of the 

August 30, 2021 final rule. 

V. 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: January 20, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is correcting 40 CFR part 

180 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 § 180.242, amend Table 1 to 

Paragraph (a)(1) by: 

■ i. Adding alphabetically the entries 

‘‘Alfalfa, forage 2’’and ‘‘Alfalfa, hay 2’’; 

■ ii. Removing the entry for ‘‘Bean, dry, 

seed 2’’; 

■ iii. Adding alphabetically the entry 

‘‘Brassica, head and stem, subgroup 

5A 2’’; 

■ iv. Removing the entry for 

‘‘Soybean 2’’; 

■ v. Adding alphabetically, after the 

existing entry ‘‘Vegetable, root, except 

sugar beet, subgroup 1B’’, an entry for 

‘‘Vegetable, root (except sugarbeet), 

subgroup 1B2’’; and 

■ vi. Revising footnote 1 and adding 

footnote 2. 

The additions read as follows: 

§ 180.242 Thiabendazole; tolerances for 

residues. 

(a) * * * 

(1) * * * 

TABLE 1 TO PARAGRAPH (a)(1) 

Commodity Parts per 

million 

Alfalfa, forage 2 ...................................... 0.02 

Alfalfa, hay 2 .......................................... 0.02 

* * * * * 

Brassica, head and stem, subgroup 

5A2 .................................................... 0.02 

* * * * * 

Vegetable, root (except sugar beet), 

subgroup 1B2 .................................... 0.02 

* * * * * 

1There are no U.S. registrations on the indicated 

commodity. 2This tolerance expires on July 26, 2022. 

* * * * * 

[FR Doc. 2022–01487 Filed 1–25–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB743] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 60 Feet Length Overall Using Pot 

Gear in the Bering Sea and Aleutian 

Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

greater than or equal to 60 feet (18.3 

meters (m)) length overall (LOA) using 

pot gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the A season apportionment of the 2022 

Pacific cod total allowable catch (TAC) 

allocated to catcher vessels greater than 

or equal to 60 feet (18.3 m) LOA using 

pot gear in the BSAI. 

DATES: This inseason action became 

applicable at 1200 hours, Alaska local 

time (A.l.t.), January 23, 2022, and 

remains in effect through 1200 hours, 

A.l.t., September 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 3939 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2022 Pacific cod TAC allocated to 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using pot gear in 

the BSAI is 5,720 metric tons (mt) as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021) and inseason adjustment (86 FR 

74389, December 30, 2021). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season 

apportionment of the 2022 Pacific cod 

TAC allocated as a directed fishing 

allowance to catcher vessels greater than 

or equal to 60 feet (18.3 m) LOA using 

pot gear in the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels greater than or 

equal to 60 feet (18.3 m) LOA using pot 

gear in the BSAI. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by catcher vessels greater than or 

equal to 60 feet (18.3 m) LOA using pot 

gear in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of January 20, 2022. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: January 21, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–01530 Filed 1–21–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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