37738 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0465; FRL–8831–6] 

1-Naphthaleneacetic Acid; TimeLimited Tolerance, Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of September 11, 2009, 

(74 FR 46689) (FRL–8426–2) concerning 

azinphos-methyl, disulfoton, 

esfenvalerate, ethylene oxide, 

fenvalerate, et al.; tolerance actions. 

Today’s rule restores the time-limited 

tolerance for 1-naphthaleneacetic acid 

in or on avocados which was 

inadvertently deleted by the September 

11, 2009 final rule. 

DATES: This final rule is effective June 

30, 2010. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0465. All documents in the 

docket are listed in the docket index 

available in http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Libby Pemberton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington 

DC 20460–0001; telephone number: 

(703) 308–9364; e-mail address: 

pemberton.libby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What Does this Technical Correction 

Do? 

EPA published a final rule in the 

Federal Register of August 12, 2009 (74 

FR 40513) (FRL–8428–3) establishing a 

time-limited tolerance for residues of 1- 

naphthaleneacetic acid ethyl ester in or 

on avocados. That time-limited 

tolerance was inadvertently removed by 

a final rule published in the Federal 

Register of September 11, 2009 (74 FR 

46689) (FRL–8426–2). Today’s rule 

restores the time-limited tolerance for 1- 

naphthaleneacetic acid in or on 

avocados inadvertently deleted by the 

September 11, 2009 final rule. 

III. Why is this Correction Issued as a 

Final Rule? 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under section 18 of FIFRA. Section 

408(l)(6) authorizes EPA to establish 

such tolerances without providing 

notice or period for public comment. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

In addition, 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 this 

technical correction final without prior 

proposal and opportunity for comment, 

because the final rule amendment to 

§180.155 previously published August 

12, 2009 (74 FR 40513) (FRL–8428–3) 

was inadvertently deleted September 

11, 2009 (74 FR 46689) (FRL–8426–2). 

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 Reviews Apply to this 

Action? 

This document corrects a final rule 

that established a tolerance under 

section 408(d) of FFDCA 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 final rule 

has been exempted from review under 

Executive Order 12866, this final rule 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 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 in accordance with 

sections 408(e) and 408(l)(6) of FFDCA, 

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 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 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37739 

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). 

V. 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: June 21, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

corrected 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. Add § 180.155(b) to read as follows: 

§ 180.155 1-Naphthaleneacetic acid; 

tolerances for residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

A time-limited tolerance specified in the 

following table is established for 

residues of the ethyl ester of 1- 

naphthaleneacetic acid in or on the 

following raw agricultural commodity 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. The tolerance 

will expire and is revoked on the date 

specified in the following table: 

Commodity Parts per 

million 

Expiration/revocation 

Avocado .. 0.05 12/31/12 

* * * * * 

[FR Doc. 2010–15882 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0907301206–0032–02] 

RIN 0648–XW95 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Adjustment to the 

Loligo Trimester 2 and 3 Quota 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS adjusts the 2010 

Fishing Year (FY) Trimester 2 and 3 

Loligo squid quotas. This action 

complies with the 2010 Specifications 

and Management Measures for the 

Atlantic Mackerel, Squid, and Butterfish 

Fisheries Management Plan, which 

modified accounting procedures for 

underages of Trimester 1 quota in the 

Loligo fishery. 

DATES: Effective June 30, 2010 through 

December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, 978–675–2179, Fax 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: NMFS 

published the final rule for the 2010 

Specifications and Management 

Measures for the Atlantic Mackerel, 

Squid, and Butterfish Fisheries in the 

Federal Register on February 3, 2010 

(75 FR 5537). The final rule modified 

accounting procedures for underages of 

Trimester 1 quota in the Loligo fishery, 

so that Trimester 1 quota underages that 

are greater than 25 percent of the 

Trimester 1 quota are allocated equally 

to Trimesters 2 and 3, and underages 

that are less than 25 percent of the 

Trimester 1 quota are allocated to 

Trimester 3. 

For FY 2010, the initial Loligo 

Trimester 1 quota was 17,696,509 lb 

(8,027 mt), which is equal to 43 percent 

of the domestic annual harvest (DAH), 

excluding research set-aside (RSA) 

quota. The best available landings 

information indicates that 3,133,110 lb 

(1,421 mt) of Loligo was landed during 

Trimester 1, and 14,563,399 lb (6,606 

mt) remain. Consistent with the 2010 

Specifications and Management 

Measures, as the quota underages for 

Trimester 1 are greater than 25 percent 

of the Trimester 1 quota, the underages 

are divided in half, with half applied to 

Trimester 2, and the other half applied 

to Trimester 3. This results in a revised 

Trimester 2 quota from the initial quota 

of 6,995,269 lb (3,173 mt) to a new 

quota of 14,276,968 lb (6,476 mt) and a 

revised Trimester 3 quota from the 

initial quota of 16,461,920 lb (7,467 mt) 

lb to a new quota of 23,743,619 lb 

(13,770 mt). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action modifies the Trimester 2 and 3 

Loligo quotas for FY 2010, as specified 

in the FY 2010 Specification and 

Management Measures for the Atlantic 

Mackerel, Squid, and Butterfish 

Fisheries. The regulations at 

§ 648.22(a)(2)(i) require such action to 

ensure the quota is not under-harvested 

and is distributed evenly throughout the 

year. Landings information indicates 

that underages from Trimester 1 are 

greater than 25 percent of the Trimester 

1 Loligo quota. Trimester 2 began on 

May 1, 2010, and a delay in increasing 

the quota could result in premature 

closure of the fishery. As such, the 

distribution of Trimester 1 underages to 

Trimesters 2 and 3 must occur without 

delay. The AA further finds, pursuant to 

5 U.S.C. 553(d)(3), good cause to waive 

the 30-day delayed effectiveness period 

for the reasons stated above. 

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

Dated: June 25, 2010 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–15933 Filed 6–29–10; 8:45 am] 

BILLING CODE 3510–22–S 


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