Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications Modification, 20897-20898 [E9-10506]
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Federal Register / Vol. 74, No. 86 / Wednesday, May 6, 2009 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0083; FRL–8900–3]
Revisions to the California State
Implementation Plan, Santa Barbara
County Air Pollution Control District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
EPA is proposing to approve
revisions to the Santa Barbara County
Air Pollution Control District
(SBCAPCD) portion of the California
State Implementation Plan (SIP). This
action revises and adds various
definitions of terms used by the
SBCAPCD. Under authority of the Clean
Air Act as amended in 1990 (CAA or the
Act), we are proposing to approve a
local rule that is administrative and
address changes for clarity and
consistency.
rwilkins on PROD1PC63 with PROPOSALS
SUMMARY:
DATES: Any comments on this proposal
must arrive by June 5, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2009–0083, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
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16:55 May 05, 2009
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encryption, and be free of any defects or
viruses.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
This
proposal addresses the following local
rule: Rule 102, Definitions. In the Rules
and Regulations section of this Federal
Register, we are approving this local
rule in a direct final action without
prior proposal because we believe this
SIP revision is not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
SUPPLEMENTARY INFORMATION:
Dated: March 2, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9–10535 Filed 5–5–09; 8:45 am]
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20897
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No.090421699–9797–01]
RIN 0648–XO74
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Annual Specifications Modification
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
SUMMARY: NMFS proposes a regulation
to adjust the harvest specifications for
Pacific sardine in the U.S. exclusive
economic zone (EEZ) off the Pacific
coast for the fishing season of January 1,
2009, through December 31, 2009. The
proposed action would increase the
tonnage of Pacific sardine allocated for
industry conducted research from 1200
metric tons (mt) to 2400 mt and
decreases the second and third period
directed harvest allocations by 750 mt
and 450 mt, respectively.
DATES: Comments must be received by
June 5, 2009.
ADDRESSES: You may submit comments
on this proposed rule identified by
0648–XO74 by any of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802.
• Fax: (562)980–4047
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields if you prefer to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, Southwest Region,
NMFS, (562) 980–4034.
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20898
Federal Register / Vol. 74, No. 86 / Wednesday, May 6, 2009 / Proposed Rules
On
February 20, 2009, NMFS published a
final rule implementing the harvest
guideline (HG) and annual
specifications for the 2009 Pacific
sardine fishing season off the U.S. West
Coast (74 FR 7826) under the
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq (Magnuson-Stevens
Act). These specifications and
associated management measures were
based on recommendations adopted by
the Pacific Fishery Management Council
(Council) at their November 2008 public
meeting in San Diego, California (73 FR
60680). For the 2009 Pacific sardine
fishing season, the Council adopted, and
NMFS approved, an acceptable
biological catch (ABC) or maximum HG
of 66,932 mt. This ABC/HG was
determined according to the regulations
implementing the Coastal Pelagic
Species (CPS) Fishery Management Plan
(FMP)(50 CFR part 660, subpart I). The
Council also recommended, and NMFS
approved, that 1,200 mt be initially
subtracted from the ABC and reserved
for an industry-conducted research
project, which is planned but not yet
approved. This 1,200 mt set-aside was
intended to allow research fishing,
which is planned for the second
seasonal period (July 1—September 15,
2009), to continue if that period’s
allocation is reached and directed
fishing is closed. As stated in the final
rule implementing the 2009
specifications, the use of the 1,200 mt
would require NMFS to issue an
Exempted Fishing Permit (EFP) because
fishing would occur after the directed
fishery is closed.
At the Council’s March 2009 public
meeting the Council reviewed two
industry research/EFP proposals for
conducting Pacific sardine biomass
surveys and moved the two proposals
forward for public comment with the
recommendation that industry combine
the proposals to create a single EFP
rwilkins on PROD1PC63 with PROPOSALS
SUPPLEMENTARY INFORMATION:
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16:55 May 05, 2009
Jkt 217001
application to be reviewed for final
adoption at the June 2009 Council
meeting. After hearing the research
proposals and public comment, the
Council then recommended that the
original 1200 mt set-aside be increased
to 2400 mt. To account for the
additional 1,200 mt, the Council
recommended that the second and third
period directed fishery allocations be
reduced by 750 mt and 450 mt
respectively. This is approximately a
proportional reduction in the two
allocations.
NMFS will publish a notice in the
Federal Register requesting comments
on the proposed EFP in the near future
and a decision on whether to issue an
EFP for the use of the research set-aside
will be made prior to the start of the
second seasonal period (July 1, 2009). If
NMFS determines that an EFP cannot be
issued, then the set-aside -either the
current 1,200 mt or the proposed 2,400
mt-will be re-allocated to the third
period’s directed harvest allocation.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the CPS FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
These proposed specifications are
exempt from review under Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities as
follows:
The purpose of this proposed action is to
make minor modifications to the 2009 Pacific
sardine specifications. This proposed rule
does not make significant changes to those
specifications, which were implemented
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through proposed and final rulemaking and
for which an Initial and a Final Regulatory
Flexibility Analysis was completed.
The small entities that would be affected
by the proposed action are the 63 vessels that
compose the West Coast CPS finfish fleet.
These vessels are considered small business
entities by the U.S. Small Business
Administration because the vessels do not
have annual receipts in excess of $4.0
million. Therefore, there would be no
economic impacts resulting from
disproportionality between small and large
business entities under the proposed action.
The profitability of these vessels as a result
of this proposed rule is based on the average
Pacific sardine ex-vessel price per mt. When
the 2009 Pacific sardine specifications were
implemented it was determined that if the
fleet were to take the entire 2009 Pacific
sardine HG of 65,732 metric tons (mt), the
potential revenue to the fleet would be
approximately $11 million. This proposed
action has the potential, if an Exempted
Fishing Permit is approved at a later date, to
reduce the available HG by 1200 mt (750 mt
in the second period and 450 mt in the third
period) and potential fleet revenue by
$168,000. However, over the course of the
fishing season these amounts represent very
small portions of the overall allowable
harvest and equal less than half the amount
taken by the fleet in a normal fishing day.
Therefore the potential drop in profitability
to fleet overall would be small. Furthermore,
even the re-allocated 1200 mt of sardine
would be sold commercially by members of
the fleet, also small business entities,
operating under an exempted fishing permit.
Based on the disproportionality and
profitability analysis above, this rule if
adopted, will not have a significant economic
impact on a substantial number of these
small entities.
As a result, an Initial Regulatory
Flexibility Analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 30, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–10506 Filed 5–5–09; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Proposed Rules]
[Pages 20897-20898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10506]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No.090421699-9797-01]
RIN 0648-XO74
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications Modification
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes a regulation to adjust the harvest
specifications for Pacific sardine in the U.S. exclusive economic zone
(EEZ) off the Pacific coast for the fishing season of January 1, 2009,
through December 31, 2009. The proposed action would increase the
tonnage of Pacific sardine allocated for industry conducted research
from 1200 metric tons (mt) to 2400 mt and decreases the second and
third period directed harvest allocations by 750 mt and 450 mt,
respectively.
DATES: Comments must be received by June 5, 2009.
ADDRESSES: You may submit comments on this proposed rule identified by
0648-XO74 by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.
Fax: (562)980-4047
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields if you prefer to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region,
NMFS, (562) 980-4034.
[[Page 20898]]
SUPPLEMENTARY INFORMATION:
On February 20, 2009, NMFS published a final rule implementing the
harvest guideline (HG) and annual specifications for the 2009 Pacific
sardine fishing season off the U.S. West Coast (74 FR 7826) under the
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq (Magnuson-Stevens Act). These specifications and associated
management measures were based on recommendations adopted by the
Pacific Fishery Management Council (Council) at their November 2008
public meeting in San Diego, California (73 FR 60680). For the 2009
Pacific sardine fishing season, the Council adopted, and NMFS approved,
an acceptable biological catch (ABC) or maximum HG of 66,932 mt. This
ABC/HG was determined according to the regulations implementing the
Coastal Pelagic Species (CPS) Fishery Management Plan (FMP)(50 CFR part
660, subpart I). The Council also recommended, and NMFS approved, that
1,200 mt be initially subtracted from the ABC and reserved for an
industry-conducted research project, which is planned but not yet
approved. This 1,200 mt set-aside was intended to allow research
fishing, which is planned for the second seasonal period (July 1--
September 15, 2009), to continue if that period's allocation is reached
and directed fishing is closed. As stated in the final rule
implementing the 2009 specifications, the use of the 1,200 mt would
require NMFS to issue an Exempted Fishing Permit (EFP) because fishing
would occur after the directed fishery is closed.
At the Council's March 2009 public meeting the Council reviewed two
industry research/EFP proposals for conducting Pacific sardine biomass
surveys and moved the two proposals forward for public comment with the
recommendation that industry combine the proposals to create a single
EFP application to be reviewed for final adoption at the June 2009
Council meeting. After hearing the research proposals and public
comment, the Council then recommended that the original 1200 mt set-
aside be increased to 2400 mt. To account for the additional 1,200 mt,
the Council recommended that the second and third period directed
fishery allocations be reduced by 750 mt and 450 mt respectively. This
is approximately a proportional reduction in the two allocations.
NMFS will publish a notice in the Federal Register requesting
comments on the proposed EFP in the near future and a decision on
whether to issue an EFP for the use of the research set-aside will be
made prior to the start of the second seasonal period (July 1, 2009).
If NMFS determines that an EFP cannot be issued, then the set-aside -
either the current 1,200 mt or the proposed 2,400 mt-will be re-
allocated to the third period's directed harvest allocation.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the CPS FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as follows:
The purpose of this proposed action is to make minor
modifications to the 2009 Pacific sardine specifications. This
proposed rule does not make significant changes to those
specifications, which were implemented through proposed and final
rulemaking and for which an Initial and a Final Regulatory
Flexibility Analysis was completed.
The small entities that would be affected by the proposed action
are the 63 vessels that compose the West Coast CPS finfish fleet.
These vessels are considered small business entities by the U.S.
Small Business Administration because the vessels do not have annual
receipts in excess of $4.0 million. Therefore, there would be no
economic impacts resulting from disproportionality between small and
large business entities under the proposed action.
The profitability of these vessels as a result of this proposed
rule is based on the average Pacific sardine ex-vessel price per mt.
When the 2009 Pacific sardine specifications were implemented it was
determined that if the fleet were to take the entire 2009 Pacific
sardine HG of 65,732 metric tons (mt), the potential revenue to the
fleet would be approximately $11 million. This proposed action has
the potential, if an Exempted Fishing Permit is approved at a later
date, to reduce the available HG by 1200 mt (750 mt in the second
period and 450 mt in the third period) and potential fleet revenue
by $168,000. However, over the course of the fishing season these
amounts represent very small portions of the overall allowable
harvest and equal less than half the amount taken by the fleet in a
normal fishing day. Therefore the potential drop in profitability to
fleet overall would be small. Furthermore, even the re-allocated
1200 mt of sardine would be sold commercially by members of the
fleet, also small business entities, operating under an exempted
fishing permit.
Based on the disproportionality and profitability analysis
above, this rule if adopted, will not have a significant economic
impact on a substantial number of these small entities.
As a result, an Initial Regulatory Flexibility Analysis is not
required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 30, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-10506 Filed 5-5-09; 8:45 am]
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