69464 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

IX. Congressional Review Act 

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. 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: November 7, 2005. 

Donald R. Stubbs, 

Acting 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 180.552 is amended by 

adding text to paragraph (b) to read as 

follows: 

§ 180.552 Sulfosulfuron; pesticide 

tolerances. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances are established 

for the combined residues of the 

herbicide sulfosulfuron, 1-(4,6- 

dimethoxypyrimidin-2-yl)-3-[(2- 

ethanesulfonyl-imidazo[1,2-a]pyridine3-yl)sulfonyl]urea and metabolites 

converted to 2-(ethylsulfonyl)- 

imidazo[1,2-a]pyridine (calculated as 

sulfosulfuron) in connection with use of 

the pesticide under section 18 

emergency exemptions granted by EPA. 

The tolerances are specified in the 

following table. The tolerances will 

expire on the dates specified in the 

table. 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Bahiagrass, forage ................ 11 12/31/09 

Bahiagrass, hay 40 12/31/09 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Bermudagrass, 

forage ............ 11 12/31/09 

Bermudagrass, 

hay ................ 40 12/31/09 

Cattle, fat .......... 0.04 12/31/09 

Cattle, meat ...... 0.02 12/31/09 

Cattle, meat byproducts ........ 0.50 12/31/09 

Goat, fat ............ 0.04 12/31/09 

Goat, meat ........ 0.02 12/31/09 

Goat, meat byproducts ........ 0.50 12/31/09 

Horse, fat .......... 0.04 12/31/09 

Horse, meat ...... 0.02 12/31/09 

Horse, meat byproducts ........ 0.50 12/31/09 

Milk ................... 0.02 12/31/09 

Sheep, fat ......... 0.04 12/31/09 

Sheep, meat ..... 0.02 12/31/09 

Sheep, meat byproducts ........ 0.50 12/31/09 

* * * * * 

[FR Doc. 05–22699 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; Addition of White Abalone 

and the United States Distinct 

Vertebrate Population Segment of the 

Smalltooth Sawfish to the List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), are adding two marine 

taxa to the List of Endangered and 

Threatened Wildlife (List) in accordance 

with the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.) (Act). These two taxa are the white 

abalone (Haliotis sorenseni) and the 

United States Distinct Vertebrate 

Population Segment (DPS) of the 

smalltooth sawfish (Pristis pectinata). 

These amendments are based on 

previously published determinations by 

the National Marine Fisheries Service 

(NMFS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce, which has 

jurisdiction for these species. 

DATES: Effective date: This rule is 

effective November 16, 2005. 

Applicability dates: The white 

abalone listing is applicable as of June 

28, 2001. The United States DPS of the 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69465 

smalltooth sawfish listing is applicable 

as of May 1, 2003. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Nelson, Branch of Listing, 

Endangered Species Program, U.S. Fish 

and Wildlife Service, 4401 N. Fairfax 

Drive, Mail Stop 420, Arlington, 

Virginia 22203 (703/358–2105). 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Act and the 

Reorganization Plan No. 4 of 1970, 

NMFS has jurisdiction over these taxa. 

Under section 4(a)(2) of the Act, NMFS 

must decide whether a species under its 

jurisdiction should be classified as 

endangered or threatened. The Service 

is responsible for the actual amendment 

of the List in 50 CFR 17.11(h). 

On May 5, 2000, NMFS published a 

proposed rule (65 FR 26167) to list the 

white abalone as endangered. During 

the public comment period for that 

proposed rule, NMFS received nine 

written comments. On May 29, 2001, 

NMFS published a final rule to list the 

white abalone as endangered (66 FR 

29046). The listing was effective as of 

June 28, 2001. In that final rule, NMFS 

addressed all public comments received 

in response to the proposed rule. 

On April 16, 2001, NMFS published 

a proposed rule to list the smalltooth 

sawfish as endangered on (66 FR 

19414). During the 60-day public 

comment period, NMFS received 12 

written comments on the proposed rule. 

On April 1, 2003, NMFS published a 

final rule to list the DPS of smalltooth 

sawfish in the United States as an 

endangered species (68 FR 15674). The 

listing was effective as of May 1, 2003. 

In that final rule, NMFS addressed all 

comments received in response to the 

proposed rule. 

Because NMFS provided a public 

comment period on the proposed rules 

for these two taxa, and because this 

action of the Service to amend the List 

in accordance with the determination by 

NMFS is nondiscretionary, the Service 

has omitted the notice and public 

comment procedures of 5 U.S.C. 553(b) 

for this action. 

For more information concerning 

these two listing determinations, please 

consult the respective rules published 

in the Federal Register. 

Required Determinations 

National Environmental Policy Act 

The Service has determined that an 

Environmental Assessment, as defined 

under the authority of the National 

Environmental Policy Act of 1969, need 

not be prepared in connection with 

regulations adopted pursuant to section 

4(a) of the Act. A notice outlining the 

Service’s reasons for this determination 

was published in the Federal Register 

on October 25, 1983 (48 FR 49244). 

Paperwork Reduction Act 

The Service has examined this 

regulation under the Paperwork 

Reduction Act of 1995 and found it to 

contain no information collection 

requirements. We may not conduct or 

sponsor, and you are not required to 

respond to, a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Export, Import, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

■ Accordingly, part 17, subchapter B of 

chapter I, title 50 of the Code of Federal 

Regulations, is amended as set forth 

below: 

PART 17—[AMENDED] 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted. 

■ 2. Amend § 17.11 by adding the 

following, in alphabetical order under 

FISHES and CLAMS, respectively, to 

the List of Endangered and Threatened 

Wildlife: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Species 

Historic range 

Vertebrate population where endangered or threatened 

Status When listed Critical 

habitat 

Special 

rules Common name Scientific name 

* * * * * * * 

FISHES

* * * * * * * 

Sawfish, smalltooth .. Pristis pectinata ...... North Atlantic (Mediterranean, U.S. 

Atlantic and Gulf 

of Mexico) and 

the Southwest Atlantic.

U.S.A. (Gulf of Mexico from Texas to 

Florida and along 

the east coast 

from Florida to 

Cape Hatteras).

E 748 NA NA 

* * * * * * * 

CLAMS

* * * * * * * 

Abalone, white ......... Haliotis sorenseni ... North America 

(West coast from 

Point Conception, 

CA, U.S.A., to 

Punta Abreojos, 

Baja California, 

Mexico).

NA ........................... T 748 NA NA 

* * * * * * * 

69466 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 

Dated: September 15, 2005. 

Marshall P. Jones, Jr., 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 05–22624 Filed 11–15–05; 8:45 am] 

BILLING CODE 3510–22–P