75068 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

enclosed mushroom production 

facilities and on pineapples when used 

in accordance with label directions and 

good agricultural practices. As a result, 

EPA concludes that no additional 

margin of exposure (safety) is necessary. 

VII. Analytical Enforcement 

Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

Further, residues are not expected on 

any other crops because natamycin will 

only be applied indoors to these 

particular crops. 

VIII. Conclusion 

Based on its assessment of natamycin, 

EPA concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

natamycin. Therefore, an amendment to 

the exemption of a tolerance is 

established for residues of natamycin in 

or on pineapple. 

The Agency is issuing the exemption 

for residues on pineapple instead of 

limiting this exemption to post-harvest 

indoor applications to pineapple 

because the restrictions are not relevant 

to the FFDCA safety finding for 

natamycin. Those limitations are related 

to the use of the pesticide and regulated 

under FIFRA. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance 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 final rule has been exempted from 

review under Executive Order 12866, 

this final rule 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 final rule 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 exemption 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 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 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) (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 of 1995 

(NTTAA) (15 U.S.C. 272 note). 

X. 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: December 1, 2014. 

Robert McNally, 

Director, Biopesticides and Pollution 

Prevention 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. Revise § 180.1315 to read as 

follows: 

§ 180.1315 Natamycin; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of natamycin in or on mushrooms when 

applied as a fungistat to prevent the 

germination of fungal spores on 

mushrooms produced in enclosed 

mushroom production facilities, and in 

or on pineapples when applied as a 

fungistat in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2014–29306 Filed 12–16–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket Nos. 130402317–3966–02 and 

140429387–4971–02] 

RIN 0648–XD659 

Atlantic Highly Migratory Species; 

Commercial Porbeagle Shark Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure and 

addendum to the fishing season 

notification. 

SUMMARY: NMFS is closing fishing for 

the commercial porbeagle shark quota 

until further notice. This action is 

necessary because, as of December 10, 

2014, the commercial landings of 

porbeagle sharks during the 2014 fishing 

season exceeded the available 2014 

adjusted commercial quota and to an 

extent that makes 2015 commercial 

quota unavailable. 

DATES: Fishing for the commercial 

porbeagle shark quota is closed effective 

11:30 p.m. local time, December 17, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75069 

2014, until and if NMFS announces via 

a subsequent document in the Federal 

Register that additional quota is 

available and the season is reopened. 

The provisions in this document 

supercede the January 1, 2015, 

commercial season opening date and 

commercial quota established for 

porbeagle sharks in a December 2, 2014 

final rule (79 FR 71331). Fishing for the 

commercial porbeagle shark quota will 

not open on January 1, 2015; it will 

remain closed until subsequent notice is 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Alexis Jackson or Karyl Brewster-Geisz 

301–427–8503; fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the 2006 Consolidated Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and implementing 

regulations (50 CFR part 635) issued 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et 

seq.). 

Under § 635.5(b)(1), dealers must 

electronically submit reports on sharks 

that are first received from a vessel on 

a weekly basis through a NMFSapproved electronic reporting system. 

Reports must be received by no later 

than midnight, local time, of the first 

Tuesday following the end of the 

reporting week unless the dealer is 

otherwise notified by NMFS. Under 

§ 635.28(b)(1), when NMFS calculates 

that the landings for a species or 

management group that is not linked to 

another species or management group 

have reached or are projected to reach 

80 percent of the available quota, NMFS 

will file for publication with the Office 

of the Federal Register a notice of 

closure for the species or management 

group that will be effective no fewer 

than 5 days from date of filing. From the 

effective date and time of the closure 

until NMFS announces, via a document 

in the Federal Register, that additional 

quota is available and the season is 

reopened, the fishery for that species or 

management group is closed, even 

across fishing years. 

On November 26, 2013 (78 FR 70500), 

NMFS announced that the commercial 

porbeagle shark quota for 2014 was 1.2 

metric tons (mt) dressed weight (dw) 

(2,820 lb dw). Dealer reports recently 

received through December 10, 2014, 

indicate that 2.5 mt dw (5,586 lb dw), 

or 198 percent, of the available 2014 

commercial porbeagle shark quota has 

been landed. Dealer reports received 

and reviewed to date indicate that 9 

percent of the quota was landed from 

the opening of the fishery on January 1, 

2014, through May 13, 2014; 16 percent 

of the quota was landed by September 

16, 2014; 37 percent was landed by 

October 15, 2014; 55 percent was landed 

by November 14, 2014; and 198 percent 

of the quota was landed by December 

10, 2014. Accordingly, because the 

available 2014 commercial quota has 

been exceeded to an extent, as described 

below, that makes 2015 commercial 

quota unavailable, NMFS is closing 

fishing for the commercial porbeagle 

shark quota as of 11:30 p.m. local time, 

December 17, 2014, until further notice. 

This closure does not affect other shark 

species or management groups. 

NMFS previously established a 

January 1, 2015 season opening date for 

the commercial porbeagle shark quota in 

a December 2, 2014 final rule (79 FR 

71331). This document supercedes that 

provision in the December 2 final rule, 

and fishing for the commercial 

porbeagle shark quota will remain 

closed until further notice. 

Also in that final rule, NMFS 

announced that the available 2015 

commercial porbeagle shark quota was 

1.7 mt dw (3,748 lb dw). As of 

December 10, 2014, the 2014 landings 

exceeded the 2014 commercial quota by 

1.3 mt dw (5,586 ¥ 2,820 lb dw = 2,766 

lb dw). Accounting for this overharvest 

provides for a 2015 commercial quota of 

0.4 mt dw (3,748 ¥ 2,766 lb dw = 982 

lb dw). It would be difficult to monitor 

such a small amount of quota and to 

timely assess when landings are 

projected to reach 80 percent of it in a 

way that allows NMFS to close fishing 

for the quota before overharvests would 

occur (i.e., when landings reach 0.3 mt 

dw or 786 lb dw; § 635.28(b)(1)). 

Additionally, it is possible that 

additional porbeagle landings could be 

reported in 2014 before this closure 

becomes effective, making even less 

quota available for 2015. Thus, quota 

effectively is not available for the 2015 

fishing season. Given the effect of the 

updated landings data on the 

availability of quota for 2015 and the 

regulatory closure provision that fishing 

for the commercial porbeagle shark 

quota remains closed, even across 

fishing years, until NMFS announces by 

Federal Register document that 

additional quota is available and the 

season is reopened (§ 635.28(b)(1)), 

fishing for the commercial porbeagle 

shark quota will not re-open on January 

1, 2015; it will remain closed unless 

NMFS issues a subsequent document. 

Table 1 from the December 2, 2014 final 

rule is amended accordingly to reflect 

updated landings and actions (closure of 

fishery and change in available quota) 

associated with this document. 

TABLE 1—2015 ANNUAL QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES

[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise] 

Region Management 

group 

2014 Annual 

quota 

Preliminary 2014 

landings 1 Adjustments 2015 Base annual quota 

2015 Final annual 

quota 

Season opening 

dates 

(A) (B) (C) (D) (D + C) 

Gulf of Mexico ........ Blacktip Sharks ... 274.3 mt dw 

(604,626 lb dw).

202.3 mt dw 

(446,024 lb dw).

72.0 mt dw 

(158,602 lb 

dw) 2.

256.6 mt dw 

(565,700 lb dw).

328.6 mt dw 

(724,302 lb dw).

January 1, 2015. 

Aggregated Large 

Coastal Sharks.

151.2 mt dw 

(333,828 lb dw).

153.7 mt dw 

(338,923 lb dw).

¥1.0 mt dw 

(2,337 lb dw) 3.

157.5 mt dw 

(347,317 lb dw).

156.5 mt dw 

(344,980 lb dw).

Hammerhead 

Sharks.

25.3 mt dw 

(55,722 lb dw).

14.4 mt dw 

(31,733 lb dw).

............................. 25.3 mt dw 

(55,722 lb dw).

25.3 mt dw 

(55,722 lb dw).

Non-Blacknose 

Small Coastal 

Sharks.

68.3 mt dw 

(150,476 lb dw).

66.8 mt dw 

(147,366 lb dw).

............................. 45.5 mt dw 

(100,317 lb dw).

45.5mt dw 

(100,317 lb dw).

Blacknose Sharks 1.8 mt dw (4,076 

lb dw).

1.4 mt dw (3,149 

lb dw).

¥0.2 mt dw 

(¥437 lb dw) 4.

2.0 mt dw (4,513 

lb dw).

1.8 mt dw (4,076 

lb dw).

Atlantic ................... Aggregated Large 

Coastal Sharks.

168.9 mt dw 

(372,552 lb dw).

101.6 mt dw 

(224,098 lb dw).

............................. 168.9 mt dw 

(372,552 lb dw).

168.9 mt dw 

(372,552 lb dw).

July 1, 2015. 

Hammerhead 

Sharks.

27.1 mt dw 

(59,736 lb dw).

6.0 mt dw (13,223 

lb dw).

............................. 27.1 mt dw 

(59,736 lb dw).

27.1 mt dw 

(59,736 lb dw).


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75070 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

TABLE 1—2015 ANNUAL QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK FISHERIES—Continued 

[All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise] 

Region Management 

group 

2014 Annual 

quota 

Preliminary 2014 

landings 1 Adjustments 2015 Base annual 

quota 

2015 Final annual 

quota 

Season opening 

dates 

(A) (B) (C) (D) (D + C) 

Non-Blacknose 

Small Coastal 

Sharks.

264.1 mt dw 

(582,333 lb dw).

103.1 mt dw 

(227,202 lb dw).

............................. 176.1 mt dw 

(388,222 lb dw).

176.1 mt dw 

(388,222 lb dw).

January 1, 2015. 

Blacknose Sharks 17.5 mt dw 

(38,638 lb dw).

17.4 mt dw 

(38,437 lb dw).

¥0.5 mt dw 

(¥1,111 lb 

dw) 4.

18.0 mt dw 

(39,749 lb dw).

17.5 mt dw 

(38,638 lb dw).

No regional quotas Non-Sandbar LCS 

Research.

50.0 mt dw 

(110,230 lb dw).

14.3 mt dw 

(31,543 lb dw).

............................. 50.0 mt dw 

(110,230 lb dw).

50.0 mt dw 

(110,230 lb dw).

January 1, 2015. 

Sandbar Shark 

Research.

116.6 mt dw 

(257,056 lb dw).

37.5 mt dw 

(82,737 lb dw).

............................. 116.6 mt dw 

(257,056 lb dw).

116.6 mt dw 

(257,056 lb dw).

Blue Sharks ......... 273.0 mt dw 

(601,856 lb dw).

7.8 mt dw (17,157 

lb dw).

............................. 273.0 mt dw 

(601,856 lb dw).

273.0 mt dw 

(601,856 lb dw).

Porbeagle Sharks 1.2 mt dw (2,820 

lb dw).

2.5 mt dw (5,586 

lb dw).

¥1.3 mt dw 

(¥2,766 lb dw).

1.7 mt dw (3,748 

lb dw).

0.4 mt dw (982 lb 

dw).

Closed 5

Pelagic Sharks 

Other Than 

Porbeagle or 

Blue.

488 mt dw 

(1,075,856 lb 

dw).

126.7 mt dw 

(279,276 lb dw).

............................. 488.0 mt dw 

(1,075,856 lb 

dw).

488.0 mt dw 

(1,075,856 lb 

dw).

January 1, 2015. 

1All landings except for the porbeagle shark landings are from January 1, 2014, through October 15, 2014, and are subject to change. Porbeagle shark landings 

are from January 1, 2014, through December 10, 2014. 2This adjustment accounts for underharvest in 2014. Therefore, the Gulf of Mexico blacktip shark adjusted quota will be 328.6 mt dw for the 2015 fishing season. 

3This adjustment accounts for overharvests from 2013 and 2014. In the final rule establishing the 2014 quotas (78 FR 70500; November 26, 2013), the 2013 Gulf 

of Mexico aggregated LCS quota was overharvested by 6.2 mt dw (13,489 lb dw). After the final rule establishing the 2014 quotas published, late dealer reports indicated the quota was overharvested by an additional 0.1 mt dw (408 lb dw), for a total overharvest of 6.3 mt dw (13,897 lb dw). Recently, NMFS determined that the 

2014 final rule overestimated the overharvest from 2013 by 1.3 mt dw (2,758 lb dw). In 2014, the Gulf of Mexico aggregated LCS quota was overharvested by 2.3 mt 

dw (5,095 lb dw). Therefore, this final rule reduces the Gulf of Mexico aggregated LCS quota by 1.0 mt dw (2.3 mt dw overharvest in 2014—1.3 mt dw overestimated 

from 2013). NMFS will adjust the 2015 base annual quota based on the updated overharvest estimates from 2013 and 2014. 4This adjustment accounts for overharvest in 2012. After the final rule establishing the 2012 quotas published, late dealer reports indicated the blacknose shark 

quota was overharvested by 3.5 mt dw (7,742 lb dw). In the final rule establishing the 2014 quotas, NMFS implemented a 5-year adjustment of the overharvest 

amount by the percentage of landings in 2012. Thus, NMFS will reduce the Gulf of Mexico blacknose shark quota by 0.2 mt dw (437 lb dw) and the Atlantic 

blacknose shark quota by 0.5 mt dw (1,111 lb dw) each year from 2014 through 2018. NMFS will reduce the 2015 base annual quota based on overharvest from 

2012. 5This closure accounts for overharvest in 2014. After the final rule establishing the 2015 quotas published, dealer reports indicated that the porbeagle quota was 

overharvested by 1.3 mt dw (2,766 lb dw). Accounting for this large overharvest would result in a 2015 commercial quota of 0.4 mt dw (3,748¥2,766 lb dw = 982 lb 

dw). It would be difficult to monitor such a small amount of quota and to timely assess when landings are projected to reach 80 percent of it in a way that allows 

NMFS to close the fishery before overharvests would occur (i.e., when landings reach 0.3 mt dw or 786 lb dw; § 635.28(b)(1)). 

During the closure, retention of 

porbeagle sharks is prohibited for 

persons fishing aboard vessels issued a 

commercial shark limited access permit 

(LAP) under § 635.4. However, persons 

aboard a commercially-permitted vessel 

that is also properly permitted to 

operate as a charter vessel or headboat 

for HMS and is engaged in a for-hire trip 

could fish under the recreational 

retention limits for sharks and ‘‘no sale’’ 

provisions (§ 635.22(a) and (c)). A shark 

dealer issued a permit pursuant to 

§ 635.4 may not purchase or receive 

porbeagle sharks from a vessel issued an 

Atlantic shark LAP, except that a 

permitted shark dealer or processor may 

possess porbeagle sharks that were 

harvested, off-loaded, and sold, traded, 

or bartered, prior to the effective date of 

the closure and were held in storage. 

Under this closure, a shark dealer issued 

a permit pursuant to § 635.4 may, in 

accordance with state regulations, 

purchase or receive a porbeagle sharks 

if the sharks were harvested, off-loaded, 

and sold, traded, or bartered from a 

vessel that fishes only in state waters 

and that has not been issued an Atlantic 

Shark LAP, HMS Angling permit, or 

HMS Charter/Headboat permit pursuant 

to § 635.4. 

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

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing prior 

notice and public comment for this 

action is impracticable and contrary to 

the public interest because the fishery is 

currently underway and any delay in 

this action would result in further 

overharvest of the quota and be 

inconsistent with management 

requirements and objectives. Similarly, 

affording prior notice and opportunity 

for public comment on this action is 

contrary to the public interest because if 

the quota is further exceeded, the stock 

may be negatively affected and 

fishermen ultimately could experience 

reductions in the available quota and a 

lack of fishing opportunities in future 

seasons. For these reasons, the AA also 

finds good cause to waive the 30-day 

delay in effective date pursuant to 5 

U.S.C. 553(d)(3). This action is required 

under § 635.28(b)(2) and is exempt from 

review under Executive Order 12866. 

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

Dated: December 12, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–29552 Filed 12–12–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140904753–4999–01] 

RIN 0648–BE34 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Regulatory Amendment to Pacific 

Coast Groundfish Fisheries Trawl 

Rationalization Program for the Start of 

2015 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action revises 

regulations for the Pacific coast 


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