Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish of the Gulf of Alaska; Amendment 88, 2478-2480 [C1-2011-32873]
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2478
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective on March 19, 2012.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population. This direct
final rule merely adds an automatic
waiver provision to encourage Great
Lakes steamship owners to repower
their vessels with cleaner marine diesel
engines. To the extent Great Lakes
steamship owners take advantage of this
incentive program, their action will
provide immediate air quality and
energy benefits, due to the improved
fuel efficiency of the diesel engines, and
even larger benefits in the long term,
when the repowered ship will use fuel
that complies with the 1,000 ppm sulfur
limit on the Great Lakes. These emission
reductions will improve air quality for
all people who live in the Great Lakes
region, including minority and lowincome populations.
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K. 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 the rule in
the Federal Register. A Major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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L. Statutory Authority
The statutory authority for this action
comes from section 1903 of the Act to
Prevent Pollution from Ships (33 U.S.C.
1901 et seq.). The Act to Prevent
Pollution from Ships implements Annex
VI to the International Convention for
the Prevention of Pollution from Ships
(MARPOL) and makes those
requirements enforceable domestically.
Section 1903 gives the Administrator
the authority to prescribe any necessary
or desired regulations to carry out the
provisions of Regulations 12 through 19
of MARPOL Annex VI.
List of Subjects in 40 CFR Part 1043
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Economic
hardship waiver, Great Lakes, North
American Emission Control Area,
Reporting and recordkeeping
requirements, Steamships.
Dated: January 11, 2012.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, Title 40, Chapter I of the Code
of Federal Regulations is amended as
follows:
PART 1043—CONTROL OF NOX, SOX,
AND PM EMISSIONS FROM MARINE
ENGINES AND VESSELS SUBJECT TO
THE MARPOL PROTOCOL
1. The authority citation for part 1043
continues to read as follows:
■
on the date the vessel enters dry dock
for service.
(ii) We may approve the use of an
engine meeting less stringent standards
if the owner can demonstrate that it took
possession of the engine before October
30, 2009, and that engine is a new
engine that has not been installed in a
non-marine application. Such an engine
must at a minimum be certified to the
Annex VI NOX emission standard in
§ 1043.60 that applies based on its build
date.
(2) The vessel owner must notify us
regarding the intent to use this
provision. The notification must include
a description of the vessel and a
summary of the project, including the
expected timeline, and other relevant
information.
(3) The vessel owner must notify the
Designated Certification Officer when
the project is complete. We will send
the owner a statement that the
repowered ship is exempt from fuel
sulfur requirements through December
31, 2025; this statement must be kept
onboard the vessel for compliance
purposes.
(4) All other requirements under this
part 1043 continue to apply, including
requirements related to bunker delivery
notes.
(5) This paragraph (b) applies only for
vessels whose hull remains intact
through the repowering process. For
example, if a steamship is converted to
a barge for use with tugboats, those
vessels must use fuel meeting the
requirements of this part 1043.
*
*
*
*
*
[FR Doc. 2012–819 Filed 1–17–12; 8:45 am]
BILLING CODE 6560–50–P
Authority: 33 U.S.C. 1901–1915.
2. Section 1043.95 is amended by
redesignating paragraphs (b) and (c) as
paragraphs (c) and (d), respectively, and
adding a new paragraph (b) to read as
follows:
■
§ 1043.95
National Oceanic and Atmospheric
Administration
50 CFR Part 679
Interim provisions.
*
*
*
*
*
(b) The fuel-use requirements of this
part do not apply through December 31,
2025, for a ship qualifying under
paragraph (a) of this section if it was in
service as a steamship on October 30,
2009 and it is repowered with one or
more marine diesel engines, subject to
the following conditions and
requirements:
(1) Engines must meet exhaust
emission standards using one of the
following approaches:
(i) All the installed replacement
engines must be certified to applicable
standards under 40 CFR part 1042 based
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[Docket No. 110314196–1725–02]
RIN 0648–BA97
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish of the
Gulf of Alaska; Amendment 88
Correction
§ 679.81
[Corrected]
In rule document 2011–32873
appearing on pages 81248–81293 in the
issue of December 27, 2011, make the
following correction:
On pages 81283–81283, the table at
§ 679.81(i)(3) is reprinted in its entirety:
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
Requirement
Catcher vessel sector
2479
Catcher/processor sector
Only persons who hold rockfish QS may join a rockfish cooperative.
No minimum requirement.
(iii) Is an association with a rockfish processor
required?
Yes, a rockfish QS holder may only be a
member of a rockfish cooperative formed in
association with a rockfish processor. The
rockfish cooperative may not receive rockfish CQ unless a shoreside processor eligible to receive rockfish CQ has indicated
that it may be willing to receive rockfish CQ
from that cooperative in the application for
CQ, as described under § 679.81, that is
submitted by that cooperative.
No.
(iv) Is a rockfish cooperative member required
to deliver catch to the rockfish processor with
whom the rockfish cooperative is associated?
No .....................................................................
N/A.
(v) Is there a minimum amount of rockfish QS
that must be assigned to a rockfish cooperative for it to be allowed to form?
No .....................................................................
No.
(vi) What is allocated to the rockfish cooperative?
CQ for rockfish primary species, rockfish secondary species, and rockfish halibut PSC, based
on the rockfish QS assigned to all of the LLP licenses that are assigned to the cooperative.
(vii) Is this CQ an exclusive harvest privilege? ..
Yes, the members of the rockfish cooperative have an exclusive harvest privilege to collectively catch this CQ, or a cooperative may transfer all or a portion of this CQ to another rockfish cooperative.
(viii) Is there a season during which designated
vessels may catch CQ?
Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to catching CQ
during the season beginning on 1200 hours, A.l.t., on May 1 through 1200 hours, A.l.t., on November 15.
(ix) Can any vessel catch a rockfish cooperative’s CQ?
No, only vessels that are named on the application for CQ for that rockfish cooperative may
catch the CQ assigned to that rockfish cooperative. A vessel may be assigned to only one
rockfish cooperative in a calendar year.
(x) Can a member of a rockfish cooperative
transfer CQ individually to another rockfish
cooperative without the approval of the other
members of the rockfish cooperative?
No, only the rockfish cooperative’s designated representative, and not individual members,
may transfer its CQ to another rockfish cooperative. Any such transfer must be approved by
NMFS as established under paragraph (i)(4)(ii) of this section.
(xi) Can a rockfish cooperative in the catcher/
processor sector transfer its sideboard limit?
N/A ...................................................................
(xii) Is there a hired master requirement? ..........
No, there is no hired master requirement.
(xiii) Can an LLP license be assigned to more
than one rockfish cooperative in a calendar
year?
No, an LLP license may only be assigned to one rockfish cooperative in a calendar year. A
person holding multiple LLP licenses with associated rockfish QS may assign different LLP licenses to different rockfish cooperatives subject to any other restrictions that may apply.
(xiv) Can a rockfish processor be associated
with more than one rockfish cooperative?
Yes ...................................................................
N/A.
(xv) Can an LLP license be assigned to a rockfish cooperative and opt-out of participating in
a rockfish cooperative?
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(i) Who may join a rockfish cooperative? ...........
(ii) What is the minimum number of LLP licenses that must be assigned to form a rockfish cooperative?
N/A ...................................................................
No, each calendar year an LLP license must
either be assigned to a rockfish cooperative
or opt-out.
(xvi) Which members may harvest the rockfish
cooperative’s CQ?
That is determined by the rockfish cooperative contract signed by its members. Any violations
of this contract by one cooperative member may be subject to civil claims by other members of
the rockfish cooperative.
(xvii) Does a rockfish cooperative need a contract?
Yes, a rockfish cooperative must have a membership agreement or contract that specifies how
the rockfish cooperative intends to harvest its CQ. A copy of this agreement or contract must
be submitted to NMFS with the cooperative’s application for CQ.
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No, a sideboard limit assigned to a rockfish
cooperative in the catcher/processor sector
is a limit applicable to a specific rockfish cooperative, and may not be transferred between rockfish cooperatives.
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Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations
Requirement
Catcher vessel sector
Catcher/processor sector
(xviii) What happens if the rockfish cooperative
exceeds its CQ amount?
A rockfish cooperative is not authorized to catch fish in excess of its CQ and must not exceed
its CQ amount at the end of the calendar year. Exceeding a CQ is a violation of the Rockfish
Program regulations. Each member of the rockfish cooperative is jointly and severally liable for
any violations of the Rockfish Program regulations while fishing under authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to a
rockfish cooperative. Each member of a rockfish cooperative is responsible for ensuring that all
members of the rockfish cooperative comply with all regulations applicable to fishing under the
Rockfish Program.
(xix) Is there a limit on how much CQ a rockfish
cooperative may hold or use?
Yes, see § 679.82(a) for the provisions that apply.
(xx) Is there a limit on how much CQ a vessel
may harvest?
Yes, see § 679.82(a) for the provisions that apply.
(xxi) Is there a requirement that a rockfish cooperative pay rockfish cost recovery fees?
Yes, see § 679.85 for the provisions that apply.
(xxii) When does catch count against my CQ
permit?
Any vessel fishing checked-in (and therefore fishing under the authority of a CQ permit must
count any catch of rockfish primary species, rockfish secondary species, or rockfish halibut
PSC against that rockfish cooperative’s CQ from May 1 until November 15, or until the effective date of a rockfish cooperative termination of fishing declaration that has been approved by
NMFS).
(xxiii) If my vessel is checked-out and fishing in
a directed flatfish fishery in the Central GOA
and I catch groundfish and halibut PSC, does
that count against the rockfish cooperative’s
CQ?
No. If you are fishing in a directed flatfish fishery and checked-out of the Rockfish Program
fisheries, you are not fishing under the authority of a CQ permit. Groundfish harvests would
not be debited against the rockfish cooperative’s CQ permit. In this case, any catch of halibut
would be attributed to the halibut PSC limit for that directed target fishery and gear type and
any applicable sideboard limit.
(xxiv) Can my rockfish cooperative negotiate
prices for me?
The rockfish cooperatives formed under the Rockfish Program are intended to conduct and coordinate harvest activities for their members. Rockfish cooperatives formed under the Rockfish
Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws.
(xxv) Are there any special reporting requirements?
Yes, each year a rockfish cooperative must submit an annual rockfish cooperative report to
NMFS by December 15 of that year. See § 679.5(r)(6) for the reporting requirements.
(xxvi) What is required in the annual rockfish
cooperative report?
The annual rockfish cooperative report must include at a minimum:
(A) The rockfish cooperative’s CQ, sideboard limit (if applicable), and any rockfish sideboard
fishery harvests made by the vessels in the rockfish cooperative on a vessel-by-vessel basis;
(B) The rockfish cooperative’s actual retained and discarded catch of CQ, and sideboard limit
on an area-by-area and vessel-by-vessel basis;
(C) A description of the method used by the rockfish cooperative to monitor fisheries in which
rockfish cooperative vessels participated; and
(D) A description of any civil actions taken by the rockfish cooperative in response to any
members that exceeded their allowed catch.
[FR Doc. C1–2011–32873 Filed 1–17–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 11 (Wednesday, January 18, 2012)]
[Rules and Regulations]
[Pages 2478-2480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2011-32873]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 110314196-1725-02]
RIN 0648-BA97
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
of the Gulf of Alaska; Amendment 88
Correction
Sec. 679.81 [Corrected]
In rule document 2011-32873 appearing on pages 81248-81293 in the
issue of December 27, 2011, make the following correction:
On pages 81283-81283, the table at Sec. 679.81(i)(3) is reprinted
in its entirety:
[[Page 2479]]
------------------------------------------------------------------------
Catcher vessel Catcher/processor
Requirement sector sector
------------------------------------------------------------------------
(i) Who may join a rockfish Only persons who hold rockfish QS may join
cooperative?. a rockfish cooperative.
(ii) What is the minimum No minimum requirement.
number of LLP licenses that
must be assigned to form a
rockfish cooperative?
------------------------------------------------------------------------
(iii) Is an association with Yes, a rockfish QS No.
a rockfish processor holder may only be
required? a member of a
rockfish
cooperative formed
in association with
a rockfish
processor. The
rockfish
cooperative may not
receive rockfish CQ
unless a shoreside
processor eligible
to receive rockfish
CQ has indicated
that it may be
willing to receive
rockfish CQ from
that cooperative in
the application for
CQ, as described
under Sec.
679.81, that is
submitted by that
cooperative.
------------------------------------------------------------------------
(iv) Is a rockfish No.................. N/A.
cooperative member required
to deliver catch to the
rockfish processor with
whom the rockfish
cooperative is associated?
------------------------------------------------------------------------
(v) Is there a minimum No.................. No.
amount of rockfish QS that
must be assigned to a
rockfish cooperative for it
to be allowed to form?
------------------------------------------------------------------------
(vi) What is allocated to CQ for rockfish primary species, rockfish
the rockfish cooperative? secondary species, and rockfish halibut
PSC, based on the rockfish QS assigned to
all of the LLP licenses that are assigned
to the cooperative.
------------------------------------------------------------------------
(vii) Is this CQ an Yes, the members of the rockfish
exclusive harvest cooperative have an exclusive harvest
privilege?. privilege to collectively catch this CQ,
or a cooperative may transfer all or a
portion of this CQ to another rockfish
cooperative.
------------------------------------------------------------------------
(viii) Is there a season Yes, any vessel designated to catch CQ for
during which designated a rockfish cooperative is limited to
vessels may catch CQ? catching CQ during the season beginning
on 1200 hours, A.l.t., on May 1 through
1200 hours, A.l.t., on November 15.
------------------------------------------------------------------------
(ix) Can any vessel catch a No, only vessels that are named on the
rockfish cooperative's CQ? application for CQ for that rockfish
cooperative may catch the CQ assigned to
that rockfish cooperative. A vessel may
be assigned to only one rockfish
cooperative in a calendar year.
------------------------------------------------------------------------
(x) Can a member of a No, only the rockfish cooperative's
rockfish cooperative designated representative, and not
transfer CQ individually to individual members, may transfer its CQ
another rockfish to another rockfish cooperative. Any such
cooperative without the transfer must be approved by NMFS as
approval of the other established under paragraph (i)(4)(ii) of
members of the rockfish this section.
cooperative?
------------------------------------------------------------------------
(xi) Can a rockfish N/A................. No, a sideboard
cooperative in the catcher/ limit assigned to a
processor sector transfer rockfish
its sideboard limit? cooperative in the
catcher/processor
sector is a limit
applicable to a
specific rockfish
cooperative, and
may not be
transferred between
rockfish
cooperatives.
------------------------------------------------------------------------
(xii) Is there a hired No, there is no hired master requirement.
master requirement?.
------------------------------------------------------------------------
(xiii) Can an LLP license be No, an LLP license may only be assigned to
assigned to more than one one rockfish cooperative in a calendar
rockfish cooperative in a year. A person holding multiple LLP
calendar year? licenses with associated rockfish QS may
assign different LLP licenses to
different rockfish cooperatives subject
to any other restrictions that may apply.
------------------------------------------------------------------------
(xiv) Can a rockfish Yes................. N/A.
processor be associated
with more than one rockfish
cooperative?
------------------------------------------------------------------------
(xv) Can an LLP license be N/A................. No, each calendar
assigned to a rockfish year an LLP license
cooperative and opt-out of must either be
participating in a rockfish assigned to a
cooperative? rockfish
cooperative or opt-
out.
------------------------------------------------------------------------
(xvi) Which members may That is determined by the rockfish
harvest the rockfish cooperative contract signed by its
cooperative's CQ? members. Any violations of this contract
by one cooperative member may be subject
to civil claims by other members of the
rockfish cooperative.
------------------------------------------------------------------------
(xvii) Does a rockfish Yes, a rockfish cooperative must have a
cooperative need a membership agreement or contract that
contract? specifies how the rockfish cooperative
intends to harvest its CQ. A copy of this
agreement or contract must be submitted
to NMFS with the cooperative's
application for CQ.
------------------------------------------------------------------------
[[Page 2480]]
(xviii) What happens if the A rockfish cooperative is not authorized
rockfish cooperative to catch fish in excess of its CQ and
exceeds its CQ amount? must not exceed its CQ amount at the end
of the calendar year. Exceeding a CQ is a
violation of the Rockfish Program
regulations. Each member of the rockfish
cooperative is jointly and severally
liable for any violations of the Rockfish
Program regulations while fishing under
authority of a CQ permit. This liability
extends to any persons who are hired to
catch or receive CQ assigned to a
rockfish cooperative. Each member of a
rockfish cooperative is responsible for
ensuring that all members of the rockfish
cooperative comply with all regulations
applicable to fishing under the Rockfish
Program.
------------------------------------------------------------------------
(xix) Is there a limit on Yes, see Sec. 679.82(a) for the
how much CQ a rockfish provisions that apply.
cooperative may hold or
use?
------------------------------------------------------------------------
(xx) Is there a limit on how Yes, see Sec. 679.82(a) for the
much CQ a vessel may provisions that apply.
harvest?
------------------------------------------------------------------------
(xxi) Is there a requirement Yes, see Sec. 679.85 for the provisions
that a rockfish cooperative that apply.
pay rockfish cost recovery
fees?
------------------------------------------------------------------------
(xxii) When does catch count Any vessel fishing checked-in (and
against my CQ permit? therefore fishing under the authority of
a CQ permit must count any catch of
rockfish primary species, rockfish
secondary species, or rockfish halibut
PSC against that rockfish cooperative's
CQ from May 1 until November 15, or until
the effective date of a rockfish
cooperative termination of fishing
declaration that has been approved by
NMFS).
------------------------------------------------------------------------
(xxiii) If my vessel is No. If you are fishing in a directed
checked-out and fishing in flatfish fishery and checked-out of the
a directed flatfish fishery Rockfish Program fisheries, you are not
in the Central GOA and I fishing under the authority of a CQ
catch groundfish and permit. Groundfish harvests would not be
halibut PSC, does that debited against the rockfish
count against the rockfish cooperative's CQ permit. In this case,
cooperative's CQ? any catch of halibut would be attributed
to the halibut PSC limit for that
directed target fishery and gear type and
any applicable sideboard limit.
------------------------------------------------------------------------
(xxiv) Can my rockfish The rockfish cooperatives formed under the
cooperative negotiate Rockfish Program are intended to conduct
prices for me? and coordinate harvest activities for
their members. Rockfish cooperatives
formed under the Rockfish Program are
subject to existing antitrust laws.
Collective price negotiation by a
rockfish cooperative must be conducted in
accordance with existing antitrust laws.
------------------------------------------------------------------------
(xxv) Are there any special Yes, each year a rockfish cooperative must
reporting requirements? submit an annual rockfish cooperative
report to NMFS by December 15 of that
year. See Sec. 679.5(r)(6) for the
reporting requirements.
------------------------------------------------------------------------
(xxvi) What is required in The annual rockfish cooperative report
the annual rockfish must include at a minimum:
cooperative report?
(A) The rockfish cooperative's CQ,
sideboard limit (if applicable), and any
rockfish sideboard fishery harvests made
by the vessels in the rockfish
cooperative on a vessel-by-vessel basis;
(B) The rockfish cooperative's actual
retained and discarded catch of CQ, and
sideboard limit on an area-by-area and
vessel-by-vessel basis;
(C) A description of the method used by
the rockfish cooperative to monitor
fisheries in which rockfish cooperative
vessels participated; and
(D) A description of any civil actions
taken by the rockfish cooperative in
response to any members that exceeded
their allowed catch.
------------------------------------------------------------------------
[FR Doc. C1-2011-32873 Filed 1-17-12; 8:45 am]
BILLING CODE 1505-01-D
