11502 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) 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, or otherwise have any unique 

impacts or local governments. 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). 

Although this action does not 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), EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

XI. 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 rule in the Federal 

Register. This 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: February 12, 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. In § 180.960, the table is amended 

by adding alphabetically the following 

polymer to read: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*****

Formaldehyde, polymer with 2- 

methyloxirane and 

4-nonylphenol, minimum number average molecular 

weight (in amu), 

4,000.

37523–33–4 

*****

[FR Doc. E9–5832 Filed 3–17–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 315 

[Docket No. MARAD 2009 0022] 

RIN 2133–AB73 

U.S. Citizenship for Contracts on RRF 

Vessels 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule; clarification. 

SUMMARY: On August 21, 2008, the 

Maritime Administration published the 

final rule in this docket to clarify 

Maritime Administration regulations 

which require that Agents (including 

Ship Managers) for the National Defense 

Reserve Fleet (NDRF) appointed by the 

Maritime Administration be United 

States citizens. The final rule was 

published with an effective date of the 

date of publication. Prior to publication, 

we inadvertently failed to submit the 

rule to Congress and the General 

Accounting Office (GAO), as required by 

the Congressional Review provisions in 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA). 

Therefore, the rule did not go into effect 

on the date of publication. 

DATES: The applicability date for the 

final rule published at 73 FR 49357 

(August 21, 2008) was March 13, 2009. 

FOR FURTHER INFORMATION CONTACT: Jay 

Gordon, Office of the Chief Counsel, at 

(202) 366–5173, via e-mail at 

Jay.Gordon@dot.gov, or by writing to: 

Jay Gordon, Office of the Chief Counsel, 

Maritime Administration, MAR–221, 

1200 New Jersey Avenue, SE., 

Washington DC 20590. 

SUPPLEMENTARY INFORMATION: 

Background 

For complete background and 

regulatory analysis, see the original 

document published August 21, 2008 

(73 FR 49357). This final rule indicated 

that it would be effective upon 

publication. Pursuant to Section 553 of 

the Administrative Procedure Act 

(APA), codified at 5 U.S.C. 553, with 

certain exceptions, substantive rules 

cannot take effect less than 30 days after 

publication, unless the agency finds 

good cause for doing so and provides a 

written explanation of any good cause 

found when the rule is published. The 

Maritime Administration (MARAD) 

provided no justification for the 

immediate effective date in the 

published rule document and, in fact, 

MARAD did not intend to avail itself of 

the good cause exception of 5 U.S.C. 


tjames on PRODPC61 with RULES
Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11503 

553. In addition, in accordance with the 

Congressional Review provisions in 

SBEWFA, at 5 U.S.C. 801(a)(4), a final 

rule cannot ‘‘take effect’’ until the rule 

is submitted to Congress in accordance 

with 5 U.S.C. 801(a)(1). The rule was 

submitted to Congress on March 12, 

2009. 

According to the procedures 

established by the Administrative 

Committee of the Federal Register 

under the Federal Register Act (44 

U.S.C. Chapter 15), the amendments to 

the Code of Federal Regulations (CFR) 

set out in this final rule were 

incorporated into the CFR on August 21, 

2008, the effective date of the rule. 

However, because of the issues with the 

APA and the Congressional Review 

provisions, this rule could not become 

operative until March 13, 2009. 

Accordingly, MARAD acknowledges 

that the rule was not operative and 

enforceable until March 13, 2009. 

MARAD further notes that because the 

rule establishes procedures that have 

not yet been utilized, neither the public, 

nor any regulated entities, were harmed 

in the interim period between 

publication of the rule and March 13, 

2009. 

Dated: March 9, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–5787 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 390 

[Docket No. MARAD 2008 0075] 

RIN 2133–AB71 

Capital Construction Fund 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule; clarification. 

SUMMARY: On September 30, 2008, the 

Maritime Administration published the 

final rule in this docket to implement 

provisions of the Energy Independence 

and Security Act of 2007 and amend the 

definition of a ‘‘qualified vessel’’ under 

the Capital Construction Fund. The final 

rule was published with an effective 

date of the date of publication. Prior to 

publication, we inadvertently failed to 

submit the rule to Congress and the 

General Accounting Office (GAO), as 

required by the Congressional Review 

provisions in the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA). Therefore, the rule was not 

applicable on the date of publication. 

DATES: The applicability date for the 

final rule published at 73 FR 56738 

(September 30, 2008) was March 13, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Murray Bloom, Chief, Division of 

Maritime Programs, Maritime 

Administration at 202–366–5320, via email at Murray.Bloom@dot.gov, or by 

writing to Murray Bloom, Office of the 

Chief Counsel, Maritime 

Administration, MAR–222, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Background 

For complete background and 

regulatory analysis, see the original 

document published September 30, 

2008 (73 FR 56741). This final rule 

indicated that it would be effective 

upon publication. Pursuant to Section 

553 of the Administrative Procedure Act 

(APA), codified at 5 U.S.C. 553, with 

certain exceptions, substantive rules 

cannot take effect less than 30 days after 

publication, unless the agency finds 

good cause for doing so and provides a 

written explanation of any good cause 

found when the rule is published. The 

Maritime Administration (MARAD) 

provided no justification for the 

immediate effective date in the 

published rule document and, in fact, 

MARAD did not intend to avail itself of 

the good cause exception of 5 U.S.C. 

553. In addition, in accordance with the 

Congressional Review provisions in 

SBREFA at 5 U.S.C. 801(a)(4), a final 

rule cannot ‘‘take effect’’ until the rule 

is submitted to Congress in accordance 

with 5 U.S.C. 801(a)(1). The rule was 

submitted to Congress on March 12, 

2009. 

According to the procedures 

established by the Administrative 

Committee of the Federal Register under 

the Federal Register Act (44 U.S.C. 

Chapter 15), the amendments to the 

Code of Federal Regulations (CFR) set 

out in this final rule were incorporated 

into the CFR on September 30, 2008, the 

effective date of the rule. However, 

because of the issues with the APA and 

the Congressional Review provisions, 

this rule could not become operative or 

enforceable until March 13, 2009. 

Accordingly, MARAD acknowledges 

that the rule was not operative and 

enforceable until March 13, 2009. 

MARAD further notes that because the 

rule establishes procedures that have 

not yet been utilized, neither the public, 

nor any regulated entities, were harmed 

in the interim period between 

publication of the rule and March 13, 

2009. 

By Order of the Maritime Administrator. 

Dated: March 9, 2009. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–5792 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 ft (18.3 

m) Length Overall Using Hook–and– 

Line or 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 

less than 60 ft (< 18.3 m) length overall 

(LOA) using hook–and–line or pot gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2009 

Pacific cod total allowable catch (TAC) 

allocated to catcher vessels < 60 ft LOA 

using hook–and–line or pot gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 16, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea 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 2009 Pacific cod TAC allocated to 

catcher vessels < 60 ft LOA using hook– 

and–line or pot gear in the BSAI is 3,033 

metric tons as established by the 2009 

and 2010 final harvest specification for 


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