Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43967 

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 to 

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 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 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 

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 29, 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 § 180.633, add paragraph (c) to 

read as follows: 

§ 180.633 Florasulam; tolerances for 

residues. 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances are established 

for residues of the herbicide florasulam, 

including its metabolites and 

degradates, in or on the commodities in 

table 2 to this paragraph (c). Compliance 

with the tolerance levels specified in 

table 2 is to be determined by measuring 

only florasulam, N-(2, 6- 

difluorophenyl)-8-fluoro-5-methoxy (1, 

2, 4) triazole (1, 5-c)pyrimidine-2- 

sulfonamide, in or on the commodities: 

TABLE 2 TO PARAGRAPH (c) 

Commodity Parts per 

million 

Grass, forage, fodder and 

hay, group 17 .................... 0.02 

* * * * * 

[FR Doc. 2021–16969 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210505–0101; RTID 0648– 

XB274] 

Fisheries Off West Coast States; 

Modification of the West Coast 

Commercial Salmon Fisheries; 

Inseason Actions #22, #23, and #24 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2021 

management measures. 

SUMMARY: NMFS announces three 

inseason actions in the 2021 ocean 

salmon fisheries. These inseason actions 

modified the commercial and 

recreational salmon fisheries in the area 

from the U.S./Canada border to the 

Oregon/California border. 

DATES: The effective dates for the 

inseason actions are set out in this 

document under the heading Inseason 

Actions. 

FOR FURTHER INFORMATION CONTACT: 

Shannon Penna at 562–676–2148, 

Email: Shannon.penna@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The 2021 annual management 

measures for ocean salmon fisheries (86 

FR 26425, May 14, 2021), announced 

management measures for the 

commercial and recreational fisheries in 

the area from the U.S./Canada border to 

the U.S./Mexico border, effective from 

0001 hours Pacific Daylight Time (PDT), 

May 16, 2021, until the effective date of 

the 2022 management measures, as 

published in the Federal Register. 

NMFS is authorized to implement 

inseason management actions to modify 

fishing seasons and quotas as necessary 

to provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). 

Inseason actions in the salmon fishery 

may be taken directly by NMFS (50 CFR 

660.409(a)—Fixed inseason 

management provisions) or upon 

consultation with the Chairman of the 

Pacific Fishery Management Council 

(Council) and the appropriate State 

Directors (50 CFR 660.409(b)—Flexible 

inseason management provisions). 

Management of the salmon fisheries is 

generally divided into two geographic 

areas: north of Cape Falcon (NOF) (U.S./ 

Canada border to Cape Falcon, OR) and 


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43968 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

south of Cape Falcon (SOF) (Cape 

Falcon, OR, to the U.S./Mexico border). 

The actions described in this document 

affected the NOF and SOF commercial 

ocean salmon fisheries and an NOF 

recreational salmon fishery, as set out 

under the heading Inseason Actions. 

Consultation on these inseason 

actions occurred on July 20, 2021, and 

July 22, 2021. Representatives from 

NMFS, Washington Department of Fish 

and Wildlife (WDFW), Oregon 

Department of Fish and Wildlife 

(WDFW), California Department of Fish 

and Wildlife (CDFW), and Council staff 

participated in the consultations. 

These inseason actions were 

announced on NMFS’ telephone hotline 

and U.S. Coast Guard radio broadcast on 

the dates of the consultations (50 CFR 

660.411(a)(2)). 

Inseason Actions 

Inseason Action #22 

Description of the action: Inseason 

action #22 modified the NOF 

recreational salmon fishery from the 

U.S./Canada border to Cape Alava, WA 

(Neah Bay subarea), from a two salmon 

per day bag limit to a two salmon per 

day bag limit, no more than one of 

which may be a Chinook salmon, 

beginning at 12:01 a.m. on July 24, 2021. 

Effective date: Inseason action #22 

took effect on July 24, 2021, and 

remains in effect until superseded. 

Reason and authorization for the 

action: This action was necessary after 

WDFW closed Chinook salmon 

retention in adjacent state waters, 

Washington Marine Area 5 (Sekiu), due 

to higher than expected catch rates. The 

Sekiu closure created a concern that 

effort would shift to the Neah Bay 

subarea, potentially requiring an early 

closure of Chinook salmon retention in 

that subarea. 

The NMFS West Coast Region 

Regional Administrator (RA) considered 

the landings of Chinook salmon in the 

NOF recreational salmon fishery, fishery 

effort occurring to date as well as 

anticipated under the proposal, quotas 

and guidelines set preseason, the 

recreational Chinook salmon guideline 

remaining, and recent management 

changes in adjacent state waters. The 

RA determined that inseason action #22 

was necessary to preserve the available 

recreational Chinook salmon guideline 

in the Neah Bay subarea in order to 

meet management goals set preseason, 

including the Pacific Coast Salmon 

Fishery management Plan’s (FMP) goal 

of extending the recreational fishery 

through Labor Day. The modification of 

recreational bag limits is authorized by 

50 CFR 660.409(b)(1)(iii). 

Consultation date and participants: 

Consultation on inseason action #22 

occurred on July 20, 2021. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #23 

Description of the action: Inseason 

action #23 adjusted the July-September 

2021 quota for the commercial salmon 

troll fishery north of Cape Falcon. The 

quota increased from 15,375 Chinook 

salmon to 16,931 Chinook salmon 

through an impact-neutral rollover of 

unutilized quota from the May-June 

commercial salmon troll fishery in the 

same area. 

Effective dates: Inseason action #23 

took effect on Tuesday July 20, 2021, 

and remains in effect until superseded. 

Reason and authorization for the 

action: Authority for this impact-neutral 

rollover of unutilized quota is specified 

in the 2021 ocean salmon regulations 

(86 FR 26425, May 14, 2021). The NOF 

May–June commercial salmon fishery 

had a quota of 15,375 Chinook salmon. 

Of that quota, 9,818 Chinook salmon 

were landed, leaving 5,557 of the 

Chinook salmon quota unutilized. The 

Council’s Salmon Technical Team (STT) 

determined the impact-neutral rollover 

would be constrained for fishery 

impacts on Lower Columbia River tule 

Chinook salmon, and would limit the 

rollover to 28 percent of the 5,557 

unutilized Chinook salmon quota. 

Therefore, the STT calculated that the 

impact-neutral rollover would add 1,556 

Chinook salmon to the July-September 

quota for an adjusted quota of 16,931 

Chinook salmon. 

The NMFS West Coast Region RA 

considered the landings of Chinook 

salmon in the NOF commercial salmon 

fishery, fishery effort occurring to date, 

quotas set preseason, and the STT’s 

calculations for the impact-neutral 

quota rollover. The RA determined that 

inseason action #23 was necessary to 

provide access to available Chinook 

salmon quota and meet management 

goals set preseason. The modification of 

quotas is authorized by 50 CFR 

660.409(b)(1)(i). 

Consultation date and participants: 

Consultation on inseason action #23 

occurred on July 20, 2021. 

Representatives from NMFS, WDFW, 

ODFW, and the Council participated in 

this consultation. 

Inseason Action #24 

Description of the action: Inseason 

action #24 modified the landing limit in 

the commercial ocean salmon fishery in 

the area from Humbug Mountain, OR, to 

the Oregon/California border (Oregon 

Klamath Management Zone (KMZ)) 

from 10 Chinook salmon per vessel, per 

landing week (Thursday–Wednesday) to 

20 Chinook salmon per vessel per 

landing week. 

Effective dates: Inseason action #24 

superseded inseason action #21 (86 FR 

40182, July 28, 2021) on July 22, 2021, 

and remains in effect until superseded. 

Reason and authorization for the 

action: The preseason quota for July for 

the commercial ocean salmon fishery in 

the Oregon KMZ was 200 Chinook 

salmon (86 FR 26425, May 14, 2021). 

The quota was adjusted to 216 Chinook 

salmon through an impact-neutral 

rollover of unutilized quota in the June 

fishery in the same area (inseason action 

#20, 86 FR 40182, July 28, 2021). 

Fishing effort and landings in July in the 

Oregon KMZ commercial ocean salmon 

fishery were much lower than 

anticipated and, with 10 days remaining 

in the fishery, only 77 Chinook salmon 

had been landed (36 percent of the July 

quota). 

The NMFS West Coast Region RA 

considered Chinook salmon landings in 

the fishery and fishery effort to date and 

determined that inseason action #24 

was necessary to provide greater access 

to the remaining quota. Attaining the 

quota is consistent with management 

goals set preseason. Modification of 

landing and retention limits is 

authorized by 50 CFR 660.409(b)(1)(ii). 

Consultation date and participants: 

Consultation on inseason action #24 

occurred on July 22, 2021. 

Representatives from NMFS, ODFW, 

and CDFW participated in this 

consultation. Council staff were 

unavailable to participate in the 

consultation, but were notified of the 

action immediately. 

All other restrictions and regulations 

remain in effect as announced for the 

2021 ocean salmon fisheries (86 FR 

26425, May 14, 2021), as modified by 

previous inseason action (86 FR 34161, 

June 29, 2021; 86 FR 37249, July 15, 

2021; 86 FR 40182, July 28, 2021). 

The NMFS West Coast Region RA 

determined that these inseason actions 

were warranted based on the best 

available information on Pacific salmon 

abundance forecasts, landings to date, 

and anticipated fishery effort. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone [3–200 

nautical miles (5.6–370.4 kilometers) off 

the coasts of the states of Washington, 

Oregon, and California] consistent with 

these Federal actions. As provided by 

the inseason notice procedures at 50 

CFR 660.411, actual notice of the 

described regulatory action was given, 

prior to the time the action was 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43969 

effective, by telephone hotline numbers 

206–526–6667 and 800–662–9825, and 

by U.S. Coast Guard Notice to Mariners 

broadcasts on Channel 16 VHF–FM and 

2182 kHz. 

Classification 

NMFS issues these actions pursuant 

to section 305(d) of the MagnusonStevens Fishery Conservation and 

Management Act. These actions are 

authorized by 50 CFR 660.409, which 

was issued pursuant to section 304(b), 

and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B), 

there is good cause to waive prior notice 

and an opportunity for public comment 

on these actions, as notice and comment 

would be impracticable and contrary to 

the public interest. Prior notice and 

opportunity for public comment on 

these actions was impracticable because 

NMFS had insufficient time to provide 

for prior notice, and the opportunity for 

public comment between the time 

Chinook salmon abundance, catch, and 

effort information was developed, and 

fisheries impacts were calculated, and 

the time the fishery modifications to be 

implemented in order to ensure that 

fisheries are managed based on the best 

scientific information available. As 

previously noted, actual notice of the 

regulatory action was provided to 

fishers through telephone hotline and 

radio notification. This action complies 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (86 FR 26425, May 14, 2021), 

the FMP, and regulations implementing 

the FMP under 50 CFR 660.409 and 

660.411. 

There is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date, as a delay in effectiveness 

of these actions would allow fishing at 

levels inconsistent with the goals of the 

FMP and the current management 

measures. 

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

Dated: August 5, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–17008 Filed 8–10–21; 8:45 am] 

BILLING CODE 3510–22–P 


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