46934 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 

VII. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA sections 408(e) and 

408(l)(6). 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 in accordance with 

FFDCA sections 408(e) and 408(l)(6), 

such as the tolerances 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). 

VIII. 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: September 25, 2017. 

Michael L. Goodis, 

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 § 180.675, revise paragraph (b) to 

read as follows: 

§ 180.675 Tolfenpyrad; tolerances for 

residues. 

* * * * * 

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

residues of tolfenpyrad, (4-chloro-3- 

ethyl-1-methyl-N-[4-(ptolyloxy)benzyl]pyrazole-5- 

carboxamide, including its metabolites 

and degradates, in or on the specified 

agricultural commodities, resulting from 

use of the pesticide pursuant to FIFRA 

section 18 emergency exemptions. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only tolfenpyrad, 4-chloro-3- 

ethyl-1-methyl-N-[4-(ptolyloxy)benzyl]pyrazole-5- 

carboxamide. The tolerances expire on 

the dates specified in the table. 

Commodity Parts per 

million 

Expiration 

date 

Onion, dry bulb ........................................................................................................................................................ 0.09 12/31/2020 

Vegetable, fruiting, group 8–10 ............................................................................................................................... 0.70 12/31/19 

Watermelon .............................................................................................................................................................. 0.70 12/31/2020 

* * * * * 

[FR Doc. 2017–21797 Filed 10–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XF727 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of the 

General category fishery. 

SUMMARY: NMFS closes the General 

category fishery for large medium and 

giant (i.e., measuring 73 inches curved 

fork length or greater) Atlantic bluefin 

tuna (BFT) until the General category 

reopens on December 1, 2017. This 

action is being taken to prevent 

overharvest of the General category 

October through November 2017 BFT 

subquota and help ensure reasonable 


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Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46935 

fishing opportunities in the December 

subquota time period. 

DATES: Effective 11:30 p.m., local time, 

October 5 through November 30, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented 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.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Consolidated 

Atlantic Highly Migratory Species 

Fishery Management Plan (2006 

Consolidated HMS FMP) (71 FR 58058, 

October 2, 2006) and amendments. 

NMFS is required, under 

§ 635.28(a)(1), to file a closure notice 

with the Office of the Federal Register 

for publication when a BFT quota (or 

subquota) is reached or is projected to 

be reached. On and after the effective 

date and time of such notification, for 

the remainder of the fishing year or for 

a specified period as indicated in the 

notification, retaining, possessing, or 

landing BFT under that quota category 

is prohibited until the opening of the 

subsequent quota period or until such 

date as specified in the notice. 

The base quota for the General 

category is 466.7 mt. See § 635.27(a). 

Each of the General category time 

periods (January, June through August, 

September, October through November, 

and December) is allocated a 

‘‘subquota’’ or portion of the annual 

General category quota. Although it is 

called the ‘‘January’’ subquota, the 

regulations allow the General category 

fishery under this quota to continue 

until the subquota is reached or March 

31, whichever comes first. The 

subquotas for each time period are as 

follows: 24.7 mt for January; 233.3 mt 

for June through August; 123.7 mt for 

September; 60.7 mt for October through 

November; and 24.3 mt for December. 

Any unused General category quota 

rolls forward within the fishing year, 

which coincides with the calendar year, 

from one time period to the next, and 

is available for use in subsequent time 

periods. On December 19, 2016, NMFS 

published an inseason action 

transferring 16.3 mt of BFT quota from 

the December 2017 subquota to the 

January 2017 subquota period, resulting 

in a subquota of 41 mt for the January 

2017 period and a subquota of 8 mt for 

the December 2017 period (81 FR 

91873). For 2017, NMFS also transferred 

40 mt from the Reserve to the General 

category effective March 2, and 156.4 mt 

from the Reserve to the General category 

effective September 28, resulting in an 

adjusted General category quota of 663.1 

mt (82 FR 12747, March 7, 2017; 82 FR 

46000, October 3, 2017). This transfer 

restored quota to the October through 

November and December subquota 

categories that otherwise would have 

been used to compensate for 

overharvests in earlier subquota periods, 

with the goal of making the subquota 

categories whole to the extent 

transferrable quota was available. 

Based on the best available landings 

information for the General category 

BFT fishery as well as recent and 

anticipated catch rates and fishing 

conditions, NMFS has determined that 

the General category October through 

November subquota will be reached by 

October 5, 2017. Therefore, retaining, 

possessing, or landing large medium or 

giant BFT by persons aboard vessels 

permitted in the Atlantic tunas General 

and HMS Charter/Headboat categories 

must cease at 11:30 p.m. local time on 

October 5, 2017. The General category 

will reopen automatically on December 

1, 2017, for the December 2017 

subperiod. This action applies to 

Atlantic tunas General category 

(commercial) permitted vessels and 

Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels, and is taken consistent with the 

regulations at § 635.28(a)(1). The intent 

of this closure is to prevent overharvest 

of the available General category 

October through November BFT 

subquota and help ensure reasonable 

fishing opportunities in the December 

subquota time period. 

Fishermen may catch and release (or 

tag and release) BFT of all sizes, subject 

to the requirements of the catch-andrelease and tag-and-release programs at 

§ 635.26. All BFT that are released must 

be handled in a manner that will 

maximize their survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available atwww.nmfs.noaa.gov/sfa/ 

hms/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. Late 

reporting by dealers compromises 

NMFS’ ability to timely implement 

actions such as quota and retention 

limit adjustment, as well as closures, 

and may result in enforcement actions. 

General and Charter/Headboat category 

vessel owners are required to report the 

catch of all BFT retained or discarded 

dead, within 24 hours of the landing(s) 

or end of each trip, by accessing 

hmspermits.noaa.gov or by using the 

HMS Catch Reporting App. If needed, 

subsequent adjustments will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (978) 

281–9260, or access 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments and fishery 

closures to respond to the unpredictable 

nature of BFT availability on the fishing 

grounds, the migratory nature of this 

species, and the regional variations in 

the BFT fishery. These fisheries are 

currently underway and the quota for 

the subcategory is projected to be 

reached shortly. Delaying this action 

would be contrary to the public interest 

because the subquota is projected to be 

reached shortly and any delay could 

lead to further exceedance, which may 

result in the need to reduce quota for 

the General category later in the year 

and thus could affect later fishing 

opportunities. Therefore, the AA finds 

good cause under 5 U.S.C. 553(b)(B) to 

waive prior notice and the opportunity 

for public comment. For all of the above 

reasons, there also is good cause under 

5 U.S.C. 553(d) to waive the 30-day 

delay in effectiveness. 

This action is being taken under 50 

CFR 635.28(a)(1) (BFT Fishery 

Closures), and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: October 3, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–21723 Filed 10–4–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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