8492 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Rules and Regulations 

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 

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). 

VII. 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: January 9, 2009. 

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. Section 180.607 is amended by 

revising the entry for the commodity 

‘‘tomato, paste’’ in the table in 

paragraph (a)(1) to read as follows: 

§ 180.607 Spiromesifen; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per million 

* * * * * 

Tomato, paste ................. 0.80 

* * * * * 

* * * * * 

[FR Doc. E9–4058 Filed 2–24–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XM99 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Western Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for the A season allowance of the 

2009 Pacific cod sideboard limits 

apportioned to non–American Fisheries 

Act (AFA) crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2009 

Pacific cod sideboard limits apportioned 

to non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 22, 2009, until 

1200 hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish 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 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of 2009 

Pacific cod sideboard limits apportioned 

to non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA is 788 metric tons (mt) 

for the GOA, as established by the final 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2009 Pacific cod sideboard limits 

apportioned to non–AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 781 mt in the Gulf of 

Alaska. The remaining 7 mt in the Gulf 

of Alaska will be set aside as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non–AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

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

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

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 sideboard directed fishing 

closure of Pacific cod apportioned to 


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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Rules and Regulations 8493 

non–AFA crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 18, 2009. 

The AA 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. 

This action is required by § 680.22 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 20, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4016 Filed 2–20–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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