36666 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

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. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 13, 

2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: July 1, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(388)(i)(D)(6) and 

(c)(545)(i)(B) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(388) * * * 

(i) * * * 

(D) * * * 

(6) Previously approved on November 

1, 2011 in paragraph (c)(388)(i)(D)(2) of 

this section and now deleted with 

replacement in (c)(545)(i)(B)(1), Rule 

414, ‘‘Water Heaters, Boilers and 

Process Heaters Rated Less Than 

1,000,000 BTU per hour,’’ amended on 

March 25, 2010. 

* * * * * 

(545) * * * 

(i) * * * 

(B) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 414, ‘‘Water Heaters, Boilers 

and Process Heaters Rated Less Than 

1,000,000 BTU per hour,’’ amended on 

October 25, 2018. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2021–14526 Filed 7–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0228; FRL–8663–01– 

OCSPP] 

Fluxapyroxad; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluxapyroxad 

in or on the cottonseed subgroup 20C, 

the fruiting vegetable group 8–10, the 

pome fruit group 11–10, and 

pomegranate. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective July 

13, 2021. Objections and requests for 

hearings must be received on or before 

September 13, 2021 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–2020–0228, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton 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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

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 Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ 

text-idx?&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 


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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36667 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2020–0228 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 

September 13, 2021. 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– 

2020–0228, 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.html. 

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 September 

30, 2020 (85 FR 61681) (FRL–10014–74), 

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 0E8825) by IR–4, 

IR–4 Project Headquarters Rutgers, The 

State University of New Jersey, 500 

College Road East, Suite 201W, 

Princeton, NJ 08540. The petition 

requested that EPA establish tolerances 

in 40 CFR part 180 for residues of 

fluxapyroxad, (BAS 700 F); 3- 

(difluoromethyl)-1-methyl-N-(3′,4′,5′- 

trifluoro[1,1′-biphenyl]-2-yl)-1Hpyrazole-4-carboxamide, its metabolites, 

and degradates in or on the raw 

agricultural commodities: Pomegranate 

at 0.2 ppm; vegetable, fruiting, group 8– 

10 at 0.7 ppm; fruit, pome, group 11–10 

at 0.8 ppm; and cottonseed subgroup 

20C at 0.3 ppm. The petition also 

requested to remove the established 

tolerances for fluxapyroxad in or on 

fruit, pome, group 11; vegetables, 

fruiting, group 8; and cotton, undelinted 

seed. That document referenced a 

summary of the petition prepared by 

BASF, the registrant, which is available 

in the docket, http://

www.regulations.gov. No comments 

were received in response to the notice 

of filing. 

Based upon review of the data 

supporting the petition, EPA is 

establishing one tolerance at a different 

level than requested. The reason for this 

change is explained in Unit IV.C. 

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 fluxapyroxad 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with fluxapyroxad follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemakings of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemakings and 

republishing the same sections is 

unnecessary; EPA considers referral 

back to those sections as sufficient to 

provide an explanation of the 

information EPA considered in making 

its safety determination for the new 

rulemaking. 

EPA has previously published a 

number of tolerance rulemakings for 

fluxapyroxad, in which EPA concluded, 

based on the available information, that 

there is a reasonable certainty that no 

harm would result from aggregate 

exposure to fluxapyroxad and 

established tolerances for residues of 

that chemical. EPA is incorporating 

previously published sections from 

those rulemakings as described further 

in this rulemaking, as they remain 

unchanged. 

Toxicological Profile. For a discussion 

of the Toxicological Profile of 

fluxapyroxad, see Unit III.A. of the May 

5, 2016 rulemaking (81 FR 27019) (FRL– 

9945–48). 

Toxicological Points of Departure/ 

Levels of Concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern used for the safety 

assessment, see Unit III.B. of the May 5, 

2016 rulemaking. 

Exposure Assessment. Much of the 

exposure assessment remains the same, 

although updates have occurred to 

accommodate exposures from the 

petitioned-for tolerances. The updates 

are discussed in this section; the 

remaining discussion of EPA’s 

assumptions for exposure remain 

unchanged since the 2016 rulemaking. 

For a description of the rest of the EPA 

approach to and assumptions for the 

exposure assessment, see Unit III.C. of 

the May 5, 2016 rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposure from the new use of 

fluxapyroxad on pomegranate, and the 

crop group expansions to the cottonseed 

subgroup 20C, the fruiting vegetable 

group 8–10, and the pome fruit group 

11–10. A partially refined acute dietary 

exposure analysis was performed for the 

general population and all population 

subgroups. Tolerance-level residues 

adjusted to account for the metabolite of 

concern (M700F008) and 100 percent 

crop treated (PCT) assumptions were 

used for all plant commodities. For 

livestock commodities, anticipated 

residues accounting for parent and the 

metabolites of concern (M700F008 and/ 

or M700F010) were used. A moderately 

refined chronic dietary exposure 

analysis was performed for the general 

U.S. population and various population 

subgroups. Average field trial residues 

for parent plus maximum metabolite 


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36668 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

residue were used for all plant 

commodities. For livestock commodities 

anticipated residues accounting for 

parent and the metabolites of concern 

(M700F008 and/or M700F010) were 

used. An assumption of 100 PCT was 

also used for the chronic dietary 

analysis. 

Section 408(b)(2)(E) of FFDCA 

authorizes EPA to use available data and 

information on the anticipated residue 

levels of pesticide residues in food and 

the actual levels of pesticide residues 

that have been measured in food. If EPA 

relies on such information, EPA must 

require pursuant to FFDCA section 

408(f)(1) that data be provided 5 years 

after the tolerance is established, 

modified, or left in effect, demonstrating 

that the levels in food are not above the 

levels anticipated. For the present 

action, EPA will issue such data call-ins 

as are required by FFDCA section 

408(b)(2)(E) and authorized under 

FFDCA section 408(f)(1). Data will be 

required to be submitted no later than 

5 years from the date of issuance of 

these tolerances. 

Drinking water exposures are not 

impacted by the new uses, and thus 

have not changed since the last 

assessment in the May 5, 2016 

rulemaking. 

Safety Factor for Infants and 

Children. EPA continues to conclude 

that there is reliable data to support the 

reduction of the Food Quality Protection 

Act (FQPA) safety factor. See Unit III.D. 

of the May 5, 2016 rulemaking for a 

discussion of the Agency’s rationale for 

that determination. 

Aggregate Risks and Determination of 

Safety. EPA determines whether acute 

and chronic dietary pesticide exposures 

are safe by comparing aggregate 

exposure estimates to the acute 

population adjusted dose (aPAD) and 

chronic PAD (cPAD). Short-, 

intermediate-, and chronic-term risks 

are evaluated by comparing the 

estimated aggregate food, water, and 

residential exposure to the appropriate 

points of departure (PODs) to ensure 

that an adequate margin of exposure 

(MOE) exists. For linear cancer risks, 

EPA calculates the lifetime probability 

of acquiring cancer given the estimated 

aggregate exposure. 

Acute dietary risks are below the 

Agency’s level of concern of 100% of 

the aPAD: They are 14% of the aPAD for 

children 1 to 2 years old, the population 

subgroup with the highest exposure 

estimate. Chronic dietary risks are 

below the Agency’s level of concern of 

100% of the cPAD: They are 75% of the 

cPAD for all infants less than 1 year old, 

the population subgroup with the 

highest exposure estimate. The shortterm MOE is greater than the Agency’s 

level of concern of 100: It is 1100 for 

adults and 400 for children. 

Intermediate-term or long-term 

residential exposures are not expected. 

Therefore, based on the risk 

assessments and information described 

above, EPA concludes there is a 

reasonable certainty that no harm will 

result to the general population, or to 

infants and children, from aggregate 

exposure to fluxapyroxad residues. 

More detailed information about the 

Agency’s analysis can be found at 

http://www.regulations.gov in the 

document titled ‘‘Fluxapyroxad. Human 

Health Risk Assessment for a Proposed 

Use of Fluxapyroxad on Pomegranate, 

Crop Group Expansion for Cottonseed 

Subgroup 20C and Crop Group 

Conversions for Vegetable, Fruiting, 

Group 8–10 and Fruit, Pome, and Group 

11–10’’ in docket ID number EPA–HQ– 

OPP–2020–0228. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

An adequate residue analytical 

method is available for the purpose of 

tolerance enforcement. Liquid 

chromatography–mass spectrometry LC/ 

MS/MS BASF Method L0137/01, 

previously deemed acceptable as an 

enforcement method for plant matrices, 

is applicable for the analysis of 

fluxapyroxad residues. 

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). 

Codex does not have an MRL for 

fluxapyroxad in/on pomegranate. For 

the cottonseed crop subgroup 20C, the 

0.5 ppm tolerance is harmonized with 

the Codex MRL. The Agency is not 

harmonizing with the Codex pome fruit 

(group 11–10) MRL of 0.9 ppm because 

the petitioner requested that the 

tolerance remain at 0.8 ppm in order to 

harmonize with Canada and other key 

exporting countries. EPA also concludes 

that harmonization with the Codex 

fruiting vegetable (group 8–10) MRL of 

0.6 ppm is not appropriate as it could 

result in violative residues despite 

application consistent with approved 

label rates. The Codex fruiting vegetable 

MRL is based on a 7-day pre-harvest 

interval (PHI), not a 0-day PHI as 

currently registered in the United States. 

C. Revisions to Petitioned-For 

Tolerances 

The tolerance for the cottonseed 

subgroup 20C is being established at 0.5 

ppm rather than 0.3 ppm as requested 

in order to harmonize with Codex. 

V. Conclusion 

Therefore, tolerances are established 

for residues of fluxapyroxad in or on the 

Cottonseed subgroup 20C at 0.5 ppm; 

Fruit, pome, group 11–10 at 0.8 ppm; 

Pomegranate at 0.2 ppm; and Vegetable, 

fruiting, group 8–10 at 0.7 ppm. 

Additionally, the existing tolerances for 

Cotton, undelinted seed; Fruit, pome, 

group 11; and Vegetables, fruiting, 

group 8 are removed since they are 

superseded by the new tolerances 

established in today’s action. 

VI. Statutory and Executive Order 

Reviews 

This action 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 action 

has been exempted from review under 

Executive Order 12866, this action 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 action 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 tolerances and modifications 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 action 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 


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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36669 

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 action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (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 

(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: July 6, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.666, paragraph (a): 

■ i. Add a heading to the table; 

■ ii. Remove the entry for ‘‘Cotton, 

undelinted seed’’; 

■ iii. Add an entry for ‘‘Cottonseed, 

subgroup 20C’’ in alphabetical order; 

■ iv. Remove the entry for ‘‘Fruit, pome, 

group 11’’; 

■ v. Add entries for ‘‘Fruit, pome, group 

11–10’’ and ‘‘Pomegranate’’ in 

alphabetical order; 

■ vi. Remove the entry for ‘‘Vegetables, 

fruiting group 8’’; and 

■ vii. Add an entry for ‘‘Vegetable, 

fruiting, group 8–10’’ in alphabetical 

order. 

The additions read as follows: 

§ 180.666 Fluxapyroxad; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Cottonseed, subgroup 20C ........ 0.5 

* * * * * 

Fruit, pome, group 11–10 ........... 0.8 

* * * * * 

Pomegranate .............................. 0.2 

* * * * * 

Vegetable, fruiting, group 8–10 .. 0.7 

* * * * * 

* * * * * 

[FR Doc. 2021–14708 Filed 7–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RTID 0648–XB145 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

General category retention limit 

adjustment. 

SUMMARY: NMFS is adjusting the 

Atlantic bluefin tuna (BFT) General 

category daily retention limit from three 

large medium or giant BFT to one large 

medium or giant BFT for the remainder 

of the June through August 2021 

subquota period. This action is based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments and applies to 

Atlantic Tunas General category 

(commercial) permitted vessels and 

Highly Migratory Species (HMS) 

Charter/Headboat permitted vessels 

with a commercial sale endorsement 

when fishing commercially for BFT. 

DATES: Effective July 11, 2021 through 

August 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velseboer@noaa.gov, 978–675– 

2168, or Lauren Latchford, 

lauren.latchford@noaa.gov, 301–427– 

8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

In 2018, NMFS implemented a final 

rule that established the U.S. BFT quota 

and subquotas consistent with ICCAT 

Recommendation 17–06 (83 FR 51391, 

October 11, 2018). In 2020, following a 

stock assessment update, ICCAT 

adopted Recommendation 20–06, which 

maintained the total allowable catch of 

2,350 metric tons (mt) and the 

associated U.S. quota. As such, as 

described in § 635.27(a), the current 

baseline U.S. quota continues to be 

1,247.86 mt (not including the 25 mt 

ICCAT allocated to the United States to 

account for bycatch of BFT in pelagic 

longline fisheries in the Northeast 

Distant Gear Restricted Area). The 

baseline quota for the General category 

is 555.7 mt. Each of the General category 

time periods (January, June through 


jbell on DSKJLSW7X2PROD with RULES