Federal Register / Vol. 63, No. 141 /Thursday, July 23, 1998 /Rules and Regulations 39521

and pests, Reporting and recordkeeping

requirements.

Dated: July 10, 1998.

Anne E. Lindsay,

Acting Director, 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. 346a and 371

2. Section 180.1165 is added to read

as follows:

§ 180.1165 Capsaicin; exemption from the

requirement of a tolerance.

Capsaicin is exempt from the

requirement of a tolerance in or on all

food commodities when used in

accordance with approved label rates

and good agricultural practice.

[FR Doc. 98–19652 Filed 7–22–98; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

071798A]

Fisheries of the Exclusive Economic

Zone Off Alaska; ‘‘Other Rockfish’’ in

the Central Regulatory Area of the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of ‘‘other rockfish’’ in the Central

Regulatory Area of the Gulf of Alaska

(GOA). NMFS is requiring that catch of

‘‘other rockfish’’ in this area be treated

in the same manner as prohibited

species and discarded at sea with a

minimum of injury. This action is

necessary because the amount of the

‘‘other rockfish’’ 1998 total allowable

catch (TAC) in this area has been

reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 19, 1998, until 2400

hrs, A.l.t., December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Gulf of Alaska (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 CFR part 679.

In accordance with § 679.20(c)(3)(ii),

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) established the amount

of the 1998 ‘‘other rockfish’’ TAC in the

Central Regulatory Area of the GOA as

650 metric tons (mt).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the amount of the

‘‘other rockfish’’ TAC in the Central

Regulatory Area of the GOA has been

reached. Therefore, NMFS is requiring

that further catches of ‘‘other rockfish’’

in the Central Regulatory Area of the

GOA be treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

overharvesting the amount of the ‘‘other

rockfish’’ TAC in the Central Regulatory

Area of the GOA. A delay in the

effective date is impracticable and

contrary to the public interest. The fleet

has taken the amount of the ‘‘other

rockfish’’ TAC in the Central Regulatory

Area. Further delay would only result in

overharvest. NMFS finds for good cause

that the implementation of this action

cannot be delayed for 30 days.

Accordingly, under 5 U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.20

and is exempt from review under E.O.

12866.

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

Dated: July 17, 1998.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–19547 Filed 7–17–98; 4:20 pm]

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