12408 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations 

was to be increased to 0.8 ppm, the U.S. 

tolerance will be higher than the 

Canadian MRL of 0.5 ppm. After reexamining the residue data, EPA is 

confident that the 0.5 ppm level will be 

high enough to cover residues from 

maximum use under the pesticide 

registration, and therefore, in order to 

remain aligned with Canada, the 

existing cucurbit vegetable group 9 

tolerance will remain at 0.5 ppm. 

V. Conclusion 

Therefore, tolerances are established 

for residues of triflumizole, 1-[1-((4- 

chloro-2-(trifluoromethyl) 

phenyl)imino)-2propoxyethyl]-1Himidazole, in or on berry, low growing, 

subgroup 13–07G at 2.0 ppm; fruit, 

pome, group 11–10 at 0.5 ppm; fruit, 

small, vine climbing, except fuzzy 

kiwifruit, subgroup 13–07F at 2.5 ppm; 

and. tomato at 1.5 ppm. In addition, due 

to the establishment of these tolerances, 

the existing tolerances for apple, pear, 

grape, and strawberry are removed as 

unnecessary. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

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 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 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 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 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 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) (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 of 1995 

(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 25, 2014. 

Lois Rossi, 

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 § 180.476: 

■ a. Remove the commodities ‘‘Apple,’’ 

‘‘Grape,’’ ‘‘Pear,’’ and ‘‘Strawberry’’ from 

the table in paragraph (a)(1). 

■ b. Add alphabetically the following 

commodities to the table in paragraph 

(a)(1). 

The amendments read as follows: 

§ 180.476 Triflumizole; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

* * * * * 

Berry, low growing, subgroup 13–07G, except 

cranberry ......................... 2 .0 

* * * * * 

Fruit, pome, group 11–10 ... 0 .50 

Fruit, small, vine climbing, 

except fuzzy kiwifruit, 

subgroup 13–07F ............ 2 .5 

* * * * * 

Tomato ................................ 1 .5 

* * * * * 

* * * * * 

[FR Doc. 2014–04862 Filed 3–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0656; FRL–9906–13] 

Metconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

current tolerances for residues of 

metconazole in or on corn, field, stover 

and corn, pop, stover. BASF 

Corporation, requested these tolerance 

amendments under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 5, 2014. Objections and requests 

for hearings must be received on or 

before May 5, 2014, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0656, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 


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Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations 12409 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2013–0656 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 5, 2014. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2013–0656, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave., 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of October 25, 

2013 (78 FR 63938) (FRL–9901–96), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 3F8157) by BASF 

Corporation, 26 Davis Drive, P.O. Box 

13528, RTP, NC 27709–3528. The 

petition requested that 40 CFR 180.617 

be amended by increasing tolerances for 

residues of the fungicide metconazole, 

in or on corn, field, stover from 4.5 parts 

per million (ppm) to 30.0 ppm and corn, 

pop, stover from 4.5 ppm to 30.0 ppm. 

That document referenced a summary of 

the petition prepared by BASF 

Corporation, the registrant, which is 

available in the docket, http://

www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for metconazole 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with metconazole follows. 

Specific information on the studies 

received and the nature of the effects 

caused by metconazole can be found in 

www.regulations.gov, under docket ID 

number EPA–HQ–OPP–2013–0656– 

0004, entitled ‘‘Metconazole. Additional 

Residue Data on Corn Stover. Summary 

of Residue Data and within the memo 

entitled ‘‘Metconazole. Summary of Risk 

Issues Associated with Increase in 

Tolerance for Corn Stover’’, under 

docket ID number EPA–HQ–OPP–2013– 

0656–0005. 

To demonstrate the safety of the 

increases in these corn stover 

tolerances, EPA is relying on its most 

recent tolerance action on metconazole 

published in the Federal Register on 

August 17, 2011 (76 FR 50898) (FRL– 

8882–7). See also 74 FR 21260, FRL– 

8408–6 (May 7, 2009) (initially 

establishing the corn stover tolerances). 

In the 2011 tolerance action, EPA 

concluded that aggregate exposure to 

metconazole is safe assuming all treated 

commodities, including both human 

and animal foods, had metconazole 

residues at the tolerance level. Because 


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12410 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations 

EPA assessed metconazole exposure 

assuming tolerance level residues—a 

level that is set above the level of 

residues expected from legal use of a 

pesticide—unless tolerance levels on 

human foods increase, the 2011 action 

remains an up-to-date assessment of 

metconazole risk. 

Corn stover is an animal feed. Thus, 

humans are only exposed to 

metconazole on animal feed as a result 

of consuming meat, milk, or egg 

products from livestock that have eaten 

commodities containing metconazole 

residues. After examining the impact of 

the proposed increase on corn stover 

tolerances on residue levels in meat, 

milk, and eggs, EPA has concluded that 

any residue increases in meat, milk, and 

eggs will be minor (principally due to 

the minor role that corn stover plays in 

the livestock diet), and thus meat, milk, 

and egg tolerances will not need to be 

increased. In other words, EPA 

determined that the proposed increase 

in tolerance levels in corn stover will 

not result in metconazole residues 

exceeding the existing meat, milk, and 

egg tolerances. 

Accordingly, because EPA in the 2011 

metconazole action assumed tolerance 

level residues in meat, milk, and eggs in 

assessing metconazole risk, and the 

proposed increase in the corn stover 

tolerances will not necessitate an 

increase in those tolerances, the 2011 

determination of safety applies with 

equal force to this action. For these 

reasons, and in reliance on the findings 

in the August 17, 2011 and May 7, 2009 

Federal Register actions, EPA concludes 

that there is reasonable certainty that no 

harm will result to the general 

population, and to infants and children, 

from aggregate exposure to metconazole 

residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate high performance liquid 

chromatography method with tandem 

mass spectrometry (Method D0604), 

entitled ‘‘The Determination of Residues 

of BAS 555 F and its Metabolites in 

Corn and Cotton Matrices Using LC/MS/ 

MS’’), with the German multi-residue 

method DFG S19 as a confirmatory 

method, is adequate as an enforcement 

method. Method D0604 determines 

metconazole (cis- and trans-isomers), 

1,2,4-triazole (T), triazolyalanine (TA), 

and triazolylacetic acid (TAA). DFG S19 

uses gas chromatography/nitrogen 

phosphorus detection (GC/NPD) or gas 

chromatography/mass spectrometric 

detection (GC/MS). The methods may be 

requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

number: (410) 305–2905; email address: 

residuemethods@epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(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 metconazole on corn, field, stover 

and corn, pop, stover. 

V. Conclusion 

Therefore, tolerances are established 

for residues of metconazole, measured 

as the sum of cis- and trans- isomers, in 

or on corn, field, stover at 30 ppm and 

corn, pop, stover at 30 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

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 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 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 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 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 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) (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 of 1995 

(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. 


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Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations 12411 

Dated: February 24, 2014. 

Lois Rossi, 

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 § 180.617, paragraph (a), revise 

the following entries in the table to read 

as follows: 

§ 180.617 Metconazole; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Corn, field, stover ................. 30 

* * * * * 

Corn, pop, stover .................. 30 

* * * * * 

* * * * * 

[FR Doc. 2014–04865 Filed 3–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02] 

RIN 0648–XD118 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2014 

Commercial Accountability Measure 

and Closure for South Atlantic Golden 

Tilefish Longline Component 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures for the 

commercial longline component for 

golden tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. Commercial longline landings 

for golden tilefish, as estimated by the 

Science and Research Director (SRD), 

are projected to reach the longline 

component’s commercial annual catch 

limit (ACL) on March 5, 2014. 

Therefore, NMFS closes the commercial 

longline component for golden tilefish 

in the South Atlantic EEZ on March 5, 

2014, and it will remain closed until the 

start of the next fishing season, January 

1, 2015. This closure is necessary to 

protect the golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 5, 2014, until 12:01 

a.m., local time, January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: Catherine.Hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act by 

regulations at 50 CFR part 622. 

On April 23, 2013, NMFS published 

a final rule for Amendment 18B to the 

FMP (78 FR 23858). Amendment 18B to 

the FMP established a longline 

endorsement program for the 

commercial golden tilefish component 

of the snapper-grouper fishery and 

allocated the commercial golden tilefish 

ACL among two gear groups, the 

longline and hook-and-line components. 

The commercial ACL (commercial 

quota) for the longline component for 

golden tilefish in the South Atlantic is 

405,971 lb (184,145 kg), gutted weight, 

for the current fishing year, January 1 

through December 31, 2014, as specified 

in 50 CFR 622.190(a)(2)(iii). 

Under 50 CFR 622.193(a)(1)(ii), NMFS 

is required to close the commercial 

longline component for golden tilefish 

when the longline component’s 

commercial ACL (commercial quota) 

has been reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. After the commercial ACL for 

the longline component is reached or 

projected to be reached, golden tilefish 

may not be fished for or possessed by 

a vessel with a golden tilefish longline 

endorsement. NMFS has determined 

that the commercial ACL (commercial 

quota) for the longline component for 

golden tilefish in the South Atlantic will 

have been reached by March 5, 2014. 

Accordingly, the commercial longline 

component for South Atlantic golden 

tilefish is closed effective 12:01 a.m., 

local time, March 5, 2014, until 12:01 

a.m., local time, January 1, 2015. 

During the commercial longline 

closure, golden tilefish may still be 

harvested commercially using hookand-line gear. However, vessels with 

golden tilefish longline endorsements 

are not eligible to fish for golden tilefish 

using hook-and-line gear under the 

hook-and-line trip limit, as specified in 

50 CFR 622.191(a)(2)(ii). The operator of 

a vessel with a valid commercial vessel 

permit for South Atlantic snappergrouper and a valid commercial longline 

endorsement for golden tilefish having 

golden tilefish onboard must have 

landed and bartered, traded, or sold 

such golden tilefish prior to 12:01 a.m., 

local time, March 5, 2014. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic golden 

tilefish and is consistent with the 

Magnuson-Stevens Act, the FMP, and 

other applicable laws. 

This action is taken under 50 CFR 

622.193(a)(1) 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 

available scientific information recently 

obtained from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 

commercial longline component for 

golden tilefish 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), as such 

procedures would be unnecessary and 

contrary to the public interest. Such 

procedures would be unnecessary 

because the rule itself has been subject 

to notice and comment, and all that 

remains is to notify the public of the 

closure. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect golden tilefish 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial ACL (commercial quota) for 

the longline component. Prior notice 

and opportunity for public comment 

would require time and would 

potentially result in a harvest well in 

excess of the established commercial 

ACL (commercial quota) for the longline 

component. 


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