Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts, 45882-45883 [E8-18066]
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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
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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 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 October 6, 2008.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 12, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.320 is amended by
adding paragraph (c)(113) to read as
follows:
I
§ 52.320
Identification of plan.
(c) * * *
(113) On August 1, 2007, the State of
Colorado submitted revisions to
Colorado’s Common Provisions
Regulation, 5 CCR 1001–2, that made
changes and additions to Section I,
‘‘Definitions, Statement of Intent, and
General Provisions Applicable to All
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Emission Control Regulations Adopted
by the Colorado Air Quality Control
Commission,’’ and Section II,
‘‘General.’’
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5
CCR 1001–2, Section I.G, ‘‘Definitions,’’
effective on March 4, 2007.
(1) The submittal revises Section I.G
by removing the definition of ‘‘upset
conditions’’ and replacing it with the
definition of ‘‘malfunction.’’
(B) Common Provisions Regulation, 5
CCR 1001–2, Section II.E, ‘‘Affirmative
Defense Provision for Excess Emissions
During Malfunctions,’’ effective on
March 4, 2007.
(2) The submittal revises Section II.E
by removing language which provided
an exemption for excess emissions
during upset conditions and
breakdowns and replacing it with an
affirmative defense provision for source
owners and operators for excess
emissions during malfunctions.
[FR Doc. E8–16268 Filed 8–6–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071030625–7696–02]
RIN 0648–XJ37
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
Commonwealth of Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces that the
2008 summer flounder commercial
quota allocated to the Commonwealth of
Massachusetts has been harvested.
Vessels issued a commercial Federal
fisheries permit for the summer
flounder fishery may not land summer
flounder in Massachusetts for the
remainder of calendar year 2008, unless
additional quota becomes available
through a transfer from another state.
Regulations governing the summer
flounder fishery require publication of
this notification to advise Massachusetts
that the quota has been harvested and to
advise vessel permit holders and dealer
permit holders that no commercial
quota is available for landing summer
flounder in Massachusetts.
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
Effective 0001 hours, August 6,
2008, through 2400 hours, December 31,
2008.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state is
described in § 648.100.
The initial total commercial quota for
summer flounder for the 2008 calendar
year was set equal to 9,462,001 lb (4,292
mt) (72 FR 74197, December 31, 2007).
The percent allocated to vessels landing
summer flounder in Massachusetts is
6.82046 percent, resulting in a
commercial quota of 645,352 lb (293
mt). The 2008 allocation was reduced to
615,218 lb (279 mt) when research setaside and 2007 quota overages were
deducted.
Section 648.101(b) requires the
Administrator, Northeast Region, NMFS
(Regional Administrator), to monitor
state commercial quotas and to
determine when a state’s commercial
quota has been harvested. NMFS then
publishes a notification in the Federal
Register to advise the state and to notify
Federal vessel and dealer permit holders
that, effective upon a specific date, the
state’s commercial quota has been
harvested and no commercial quota is
available for landing summer flounder
in that state. The Regional
Administrator has determined, based
upon dealer reports and other available
information, that Massachusetts has
harvested its quota for 2008.
The regulations at § 648.4(b) provide
that Federal permit holders agree, as a
condition of the permit, not to land
summer flounder in any state that the
Regional Administrator has determined
no longer has commercial quota
available. Therefore, effective 0001
hours, August 6, 2008, further landings
of summer flounder in Massachusetts by
vessels holding summer flounder
commercial Federal fisheries permits
are prohibited for the remainder of the
2008 calendar year, unless additional
quota becomes available through a
transfer and is announced in the
Federal Register. Effective 0001 hours,
August 6, 2008, federally permitted
dealers are also notified that they may
not purchase summer flounder from
federally permitted vessels that land in
Massachusetts for the remainder of the
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DATES:
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calendar year, or until additional quota
becomes available through a transfer
from another state.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–18066 Filed 8–1–08; 4:15 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 080326475–8686–02]
RIN 0648–XJ27
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for Pacific sardine. This action is
necessary because the directed harvest
allocation total for the second seasonal
period (July 1 - September 14) is
projected to be reached. From date of
closure until September 15, 2008,
Pacific sardine may only be harvested
incidental to other fisheries, with
incidental harvest constrained by a 20–
percent by weight incidental catch rate.
DATES: Effective August 8, 2008 through
September 14, 2008
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: NMFS
manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ)
off the Pacific coast (California, Oregon,
and Washington) in accordance with the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). Annual
specifications published in the Federal
Register establish the total harvest
guideline (HG) and allowable harvest
levels for each Pacific sardine fishing
season (January 1 - December 31). The
total HG for the 2008 Pacific sardine
fishing season (January 1, 2008 December 31, 2008) is 89,093 mt and is
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45883
divided into a directed harvest fishery
of 80,184 mt and an incidental fishery
of 8,909 mt. These directed and
incidental harvest ammounts are
subdivided throughout the year in the
following way: January 1–June 30,
26,550 mt is allocated for directed
harvest with an incidental set-aside of
4,633 mt; July 1–September 14, 34,568
mt plus any portion not harvested from
the initial allocation is allocated for
directed harvest with an incidental setaside of 1,069 mt; September 15–
December 31, 19,066 mt plus any
portion not harvested from earlier
allocations is allocated for directed
harvest with an incidental set-aside of
3,207 mt (73 CFR 30811).
If during any of the seasonal
allocation periods the applicable
adjusted directed harvest allocation is
projected to be taken, only incidental
harvest is allowed and, for the
remainder of the period, any incidental
Pacific sardine landings will be counted
against that period’s incidental set
aside. The incidental fishery will also be
constrained to a 20–percent by weight
incidental catch rate when Pacific
sardine are landed with other CPS to
minimize targeting of Pacific sardine
and to maximize landings of harvestable
stocks. In the event that an incidental
set-aside is projected to be attained, all
fisheries will be closed to the retention
of Pacific sardine for the remainder of
the period via appropriate rulemaking.
If the set-aside is not fully attained or is
exceeded in a given seasonal period, the
directed harvest allocation in the
following seasonal period will be
automatically adjusted to account for
the discrepancy.
Under 50 CFR 660.509 if the total HG
or these apportionment levels for Pacific
sardine are reached at any time, NMFS
is required to close the Pacific sardine
fishery via appropriate rulemaking and
it is to remain closed until it re-opens
either per the allocation scheme or the
beginning of the next fishing season. In
accordance with § 660.509 the Regional
Administrator shall publish a notice in
the Federal Register the date of the
closure of the directed fishery for Pacific
sardine.
The above in-season harvest
restrictions are not intended to affect the
prosecution the live bait portion of the
Pacific sardine fishery.
Classification
This action is required by 50 CFR
660.509 and is exempt from Office of
Management and Budget review under
Executive Order 12866.
NMFS finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
E:\FR\FM\07AUR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45882-45883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18066]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071030625-7696-02]
RIN 0648-XJ37
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for the Commonwealth of
Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2008 summer flounder commercial quota
allocated to the Commonwealth of Massachusetts has been harvested.
Vessels issued a commercial Federal fisheries permit for the summer
flounder fishery may not land summer flounder in Massachusetts for the
remainder of calendar year 2008, unless additional quota becomes
available through a transfer from another state. Regulations governing
the summer flounder fishery require publication of this notification to
advise Massachusetts that the quota has been harvested and to advise
vessel permit holders and dealer permit holders that no commercial
quota is available for landing summer flounder in Massachusetts.
[[Page 45883]]
DATES: Effective 0001 hours, August 6, 2008, through 2400 hours,
December 31, 2008.
FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management
Specialist, (978) 281-9244.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found at 50 CFR part 648. The regulations require annual
specification of a commercial quota that is apportioned on a percentage
basis among the coastal states from North Carolina through Maine. The
process to set the annual commercial quota and the percent allocated to
each state is described in Sec. 648.100.
The initial total commercial quota for summer flounder for the 2008
calendar year was set equal to 9,462,001 lb (4,292 mt) (72 FR 74197,
December 31, 2007). The percent allocated to vessels landing summer
flounder in Massachusetts is 6.82046 percent, resulting in a commercial
quota of 645,352 lb (293 mt). The 2008 allocation was reduced to
615,218 lb (279 mt) when research set-aside and 2007 quota overages
were deducted.
Section 648.101(b) requires the Administrator, Northeast Region,
NMFS (Regional Administrator), to monitor state commercial quotas and
to determine when a state's commercial quota has been harvested. NMFS
then publishes a notification in the Federal Register to advise the
state and to notify Federal vessel and dealer permit holders that,
effective upon a specific date, the state's commercial quota has been
harvested and no commercial quota is available for landing summer
flounder in that state. The Regional Administrator has determined,
based upon dealer reports and other available information, that
Massachusetts has harvested its quota for 2008.
The regulations at Sec. 648.4(b) provide that Federal permit
holders agree, as a condition of the permit, not to land summer
flounder in any state that the Regional Administrator has determined no
longer has commercial quota available. Therefore, effective 0001 hours,
August 6, 2008, further landings of summer flounder in Massachusetts by
vessels holding summer flounder commercial Federal fisheries permits
are prohibited for the remainder of the 2008 calendar year, unless
additional quota becomes available through a transfer and is announced
in the Federal Register. Effective 0001 hours, August 6, 2008,
federally permitted dealers are also notified that they may not
purchase summer flounder from federally permitted vessels that land in
Massachusetts for the remainder of the calendar year, or until
additional quota becomes available through a transfer from another
state.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-18066 Filed 8-1-08; 4:15 pm]
BILLING CODE 3510-22-S
