Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Adjustments for the Common Pool Fishery, 14697-14698 [2012-6048]
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Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2011–0714; FRL–9645–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, New Jersey, and
Pennsylvania; Determinations of
Attainment of the 1997 Annual Fine
Particulate Standard for the
Philadelphia-Wilmington
Nonattainment Area; Withdrawal of
Direct Final Rule
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to an adverse comment,
EPA is withdrawing the direct final rule,
published on January 23, 2012 (77 FR
3147), that made two determinations
regarding the Philadelphia-Wilmington
fine particulate (PM2.5) nonattainment
area (the Philadelphia Area), which is
comprised of the New Castle County in
Delaware; Burlington, Camden, and
Gloucester Counties in New Jersey; and
Bucks, Chester, Delaware, Montgomery,
and Philadelphia Counties in
Pennsylvania. First, EPA made a
determination that the Philadelphia
Area attained the 1997 annual PM2.5
national ambient air quality standard
(NAAQS) by its attainment date of April
5, 2010. Second, EPA made a clean data
determination, finding that the
Philadelphia Area has attained the 1997
PM2.5 NAAQS, based on quality assured
and certified ambient air monitoring
data for the 2007–2009 and 2008–2010
monitoring periods. In the direct final
rule, EPA stated that if we received
adverse comment by February 22, 2012,
the rule would be withdrawn and not
take effect. EPA subsequently received
adverse comments. EPA will address the
comments received in a subsequent
final action based upon the proposed
action also published on January 23,
2012 (77 FR 3223). EPA will not
institute a second comment period on
this action.
DATES: The direct final rule published
on January 23, 2012 (77 FR 3147) is
withdrawn as of March 13, 2012.
ADDRESSES: EPA has established docket
number EPA–R03–OAR–2011–0714 for
this action. The index to this action is
available electronically at https://
www.regulations.gov and in hard copy
at Air Protection Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: If
you have questions concerning EPA’s
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:07 Mar 12, 2012
Jkt 226001
action related to Delaware or
Pennsylvania, please contact Maria A.
Pino, (215) 814–2181, or by email at
pino.maria@epa.gov. If you have
questions concerning EPA’s action
related to New Jersey, please contact
Henry Feingersh, (212) 637–3382, or by
email at feingersh.henry@epa.gov.
Dated: February 6, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Accordingly, the addition of 40 CFR
52.425, 52.427, 52.1576, 52.1602(d),
52.2056(f), and 52.2059(e), published on
January 23, 2012 (77 FR 3147), is
withdrawn as of March 13, 2012.
Dated: February 22, 2012.
Judith A. Enck,
Regional Administrator, Region II.
[FR Doc. 2012–5880 Filed 3–12–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0910051338–0151–02]
RIN 0648–XB059
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Adjustments for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of landing limits.
AGENCY:
NMFS increases the
possession limits for Georges Bank (GB)
cod and Southern New England (SNE)/
Mid-Atlantic (MA) yellowtail flounder
for Northeast (NE) multispecies
common pool vessels for the remainder
of the 2011 fishing year (FY), through
April 30, 2012. This is intended to
facilitate the harvest of GB cod and
SNE/MA yellowtail flounder to allow
the total catch of these stocks to
approach their pertinent common pool
sub-annual catch limits (sub-ACLs).
DATES: Effective March 8, 2012, through
April 30, 2012.
SUMMARY:
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Fmt 4700
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14697
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fisheries Management
Specialist, (978) 675–2153, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the NE
multispecies fishery are found at 50 CFR
part 648, subpart F. The regulations at
§ 648.86(o) authorize the NE Regional
Administrator (RA) to adjust the
possession limits for common pool
vessels in order to optimize the harvest
of NE regulated multispecies by
preventing the overharvest or
underharvest of the pertinent common
pool sub-ACLs. For FY 2011, the
common pool sub-ACLs for GB cod is
205,030 lb (93 mt). The initial FY 2011
trip limit for GB cod was 2,000 lb (907.2
kg) per day-at-sea (DAS), up to 20,000
lb (9,071.8 kg) per trip, for Category A
DAS vessels. However, the intended
initial trip limit for GB cod for FY 2011
under Framework Adjustment 45 to the
NE Multispecies Fishery Management
Plan (FMP) was 3,000 lb (1,360.8 kg) per
DAS, up to 30,000 lb (13,607.8 kg) per
trip. Therefore, an inseason action that
published in the Federal Register on
May 19, 2011 (76 FR 30035) increased
the trip limit to 3,000 lb (1,360.8 kg) per
DAS, up to 30,000 (13,607.8 kg) per trip
to adjust for this inadvertent error.
Subsequently, an inseason action that
published in the Federal Register on
August 30, 2011 (76 FR 53832), reduced
the GB cod trip limit to 300 lb (136.1 kg)
per DAS, up to 600 lb (272.2 kg) per
trip, for Category A DAS vessels. For
Handgear B vessels, the GB cod trip
limit was reduced to 25 lb (11.3 kg) per
trip from 75 lb (34.0 kg) per trip on
October 3, 2011 (76 FR 61060).
For FY 2011, the common pool subACL for SNE/MA yellowtail flounder is
265,555 lb (120 mt). The initial trip
limit for SNE/MA yellowtail flounder
was 500 lb (226.8 kg) per DAS up to
2,000 lb (907.2 kg) per trip, and has not
been revised for this fishing year.
As of February 25, 2011, the best
available catch information, including
information from Vessel Monitoring
System (VMS) reports and dealer
reports, indicates that approximately
58.5 percent of the GB cod and 1.2
percent of the SNE/MA yellowtail
flounder common pool sub-ACLs has
been harvested. Based on this
information, the RA has determined that
additional measures are warranted to
help facilitate the harvest of GB cod and
SNE/MA yellowtail flounder to better
allow the total catch of these stocks by
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13MRR1
14698
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations
common pool vessels to approach their
pertinent common pool sub-ACLs.
Therefore, the trip limit for GB cod is
increased to 1,500 lb (608.4 kg) per
DAS, up to 4,500 lb (2,041.1 kg) per trip;
and the trip limit for SNE/MA
yellowtail flounder is increased to 1,500
lb (608.4 kg) per DAS, up to 4,500 lb
(2,041.8 kg) per trip, for Category A DAS
vessels, effective March 8, 2012, through
April 30, 2012. In addition, the trip
limit for GB cod is increased to 75 lb
(34.0 kg) per trip for open access
Handgear B vessels effective March 8,
2012, through April 30, 2012. This
action does not change the current cod
trip limit for vessels with a limited
access Handgear A permit (300 lb
(136.1. kg) per trip) or Small Vessel
Category permit (300 lb (136.1 kg) of
cod, haddock, and yellowtail flounder
combined). Catch will continue to be
monitored through dealer-reported
landings, VMS catch reports, and other
available information, and if necessary,
additional adjustments to common pool
management measures may be made.
srobinson on DSK4SPTVN1PROD with RULES
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
pursuant to 5 U.S.C. 553(b)(3)(B) to
waive prior notice and the opportunity
for public comment for this inseason
adjustment because notice and comment
would be impracticable and contrary to
the public interest. The regulations at
§ 648.86(o) grant the RA authority to
adjust the NE multispecies trip limits
for common pool vessels in order to
prevent the overharvest or underharvest
of the pertinent common pool subACLs. The information informing this
action only very recently became
available. Give this fact, this action
increases the trip limits for GB cod and
SNE/MA yellowtail flounder to reduce
the probability of underharvesting the
common pool sub-ACLs. The
information informing this action only
very recently became available. Given
his fact, the time necessary to provide
for prior notice and comment would
prevent NMFS from implementing the
necessary trip limit adjustments in a
timely manner. A resulting delay in the
liberalization of trip limits would
unnecessarily restrain catch rates for GB
cod and SNE/MA yellowtail flounder,
thereby preventing the total catch of
these stocks to further approach the
pertinent common pool sub-ACL.
Giving effect to this rule as soon as
possible will prevent these unnecessary
impacts.
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17:06 Mar 12, 2012
Jkt 226001
Further, the AA finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for this
action. This action increases the trip
limits for GB cod and SNE/MA
yellowtail flounder to reduce the
probability of underharvesting the
common pool sub-ACLs. A delay in the
increase of these trip limits would
prevent vessels from harvesting catch at
higher rates and potentially prevent the
total catch of these stocks to further
approach the pertinent common pool
sub-ACL. Giving effect to this rule as
soon as possible will prevent these
unnecessary impacts.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–6048 Filed 3–8–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XB077
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the B season allowance of the 2012 total
allowable catch of pollock for Statistical
Area 630 in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 10, 2012, through
1200 hrs, A.l.t., August 25, 2012.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
SUMMARY:
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Frm 00020
Fmt 4700
Sfmt 4700
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The B season allowance of the 2012
total allowable catch (TAC) of pollock in
Statistical Area 630 of the GOA is 2,589
metric tons (mt) as established by the
final 2011 and 2012 harvest
specifications for groundfish of the GOA
(76 FR 11111, March 1, 2011) and
inseason adjustment (77 FR 438, January
5, 2012). In accordance with
§ 679.20(a)(5)(iv)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby decreases the B
season pollock allowance by 179 mt to
reflect the total overharvest of the A
seasonal apportionment in Statistical
Area 630. Therefore, the revised B
season allowance of the pollock TAC in
Statistical Area 630 is 2,410 mt (2,589
mt minus 179 mt)
In accordance with § 679.20(d)(1)(i),
the Regional Administrator has
determined that the B season allowance
of the 2012 TAC of pollock in Statistical
Area 630 of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 2,200 mt and is
setting aside the remaining 210 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for pollock in Statistical
Area 630 of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Acting Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
such requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
closure of directed fishing for pollock in
Statistical Area 630 of the GOA. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of March 7,
2012.
The AA also finds good cause to
waive the 30-day delay in the effective
E:\FR\FM\13MRR1.SGM
13MRR1
Agencies
[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14697-14698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6048]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0910051338-0151-02]
RIN 0648-XB059
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Trip Limit Adjustments for the Common Pool
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment of landing limits.
-----------------------------------------------------------------------
SUMMARY: NMFS increases the possession limits for Georges Bank (GB) cod
and Southern New England (SNE)/Mid-Atlantic (MA) yellowtail flounder
for Northeast (NE) multispecies common pool vessels for the remainder
of the 2011 fishing year (FY), through April 30, 2012. This is intended
to facilitate the harvest of GB cod and SNE/MA yellowtail flounder to
allow the total catch of these stocks to approach their pertinent
common pool sub-annual catch limits (sub-ACLs).
DATES: Effective March 8, 2012, through April 30, 2012.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fisheries Management
Specialist, (978) 675-2153, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the NE multispecies
fishery are found at 50 CFR part 648, subpart F. The regulations at
Sec. 648.86(o) authorize the NE Regional Administrator (RA) to adjust
the possession limits for common pool vessels in order to optimize the
harvest of NE regulated multispecies by preventing the overharvest or
underharvest of the pertinent common pool sub-ACLs. For FY 2011, the
common pool sub-ACLs for GB cod is 205,030 lb (93 mt). The initial FY
2011 trip limit for GB cod was 2,000 lb (907.2 kg) per day-at-sea
(DAS), up to 20,000 lb (9,071.8 kg) per trip, for Category A DAS
vessels. However, the intended initial trip limit for GB cod for FY
2011 under Framework Adjustment 45 to the NE Multispecies Fishery
Management Plan (FMP) was 3,000 lb (1,360.8 kg) per DAS, up to 30,000
lb (13,607.8 kg) per trip. Therefore, an inseason action that published
in the Federal Register on May 19, 2011 (76 FR 30035) increased the
trip limit to 3,000 lb (1,360.8 kg) per DAS, up to 30,000 (13,607.8 kg)
per trip to adjust for this inadvertent error. Subsequently, an
inseason action that published in the Federal Register on August 30,
2011 (76 FR 53832), reduced the GB cod trip limit to 300 lb (136.1 kg)
per DAS, up to 600 lb (272.2 kg) per trip, for Category A DAS vessels.
For Handgear B vessels, the GB cod trip limit was reduced to 25 lb
(11.3 kg) per trip from 75 lb (34.0 kg) per trip on October 3, 2011 (76
FR 61060).
For FY 2011, the common pool sub-ACL for SNE/MA yellowtail flounder
is 265,555 lb (120 mt). The initial trip limit for SNE/MA yellowtail
flounder was 500 lb (226.8 kg) per DAS up to 2,000 lb (907.2 kg) per
trip, and has not been revised for this fishing year.
As of February 25, 2011, the best available catch information,
including information from Vessel Monitoring System (VMS) reports and
dealer reports, indicates that approximately 58.5 percent of the GB cod
and 1.2 percent of the SNE/MA yellowtail flounder common pool sub-ACLs
has been harvested. Based on this information, the RA has determined
that additional measures are warranted to help facilitate the harvest
of GB cod and SNE/MA yellowtail flounder to better allow the total
catch of these stocks by
[[Page 14698]]
common pool vessels to approach their pertinent common pool sub-ACLs.
Therefore, the trip limit for GB cod is increased to 1,500 lb (608.4
kg) per DAS, up to 4,500 lb (2,041.1 kg) per trip; and the trip limit
for SNE/MA yellowtail flounder is increased to 1,500 lb (608.4 kg) per
DAS, up to 4,500 lb (2,041.8 kg) per trip, for Category A DAS vessels,
effective March 8, 2012, through April 30, 2012. In addition, the trip
limit for GB cod is increased to 75 lb (34.0 kg) per trip for open
access Handgear B vessels effective March 8, 2012, through April 30,
2012. This action does not change the current cod trip limit for
vessels with a limited access Handgear A permit (300 lb (136.1. kg) per
trip) or Small Vessel Category permit (300 lb (136.1 kg) of cod,
haddock, and yellowtail flounder combined). Catch will continue to be
monitored through dealer-reported landings, VMS catch reports, and
other available information, and if necessary, additional adjustments
to common pool management measures may be made.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the
opportunity for public comment for this inseason adjustment because
notice and comment would be impracticable and contrary to the public
interest. The regulations at Sec. 648.86(o) grant the RA authority to
adjust the NE multispecies trip limits for common pool vessels in order
to prevent the overharvest or underharvest of the pertinent common pool
sub-ACLs. The information informing this action only very recently
became available. Give this fact, this action increases the trip limits
for GB cod and SNE/MA yellowtail flounder to reduce the probability of
underharvesting the common pool sub-ACLs. The information informing
this action only very recently became available. Given his fact, the
time necessary to provide for prior notice and comment would prevent
NMFS from implementing the necessary trip limit adjustments in a timely
manner. A resulting delay in the liberalization of trip limits would
unnecessarily restrain catch rates for GB cod and SNE/MA yellowtail
flounder, thereby preventing the total catch of these stocks to further
approach the pertinent common pool sub-ACL. Giving effect to this rule
as soon as possible will prevent these unnecessary impacts.
Further, the AA finds good cause pursuant to 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness for this action. This action
increases the trip limits for GB cod and SNE/MA yellowtail flounder to
reduce the probability of underharvesting the common pool sub-ACLs. A
delay in the increase of these trip limits would prevent vessels from
harvesting catch at higher rates and potentially prevent the total
catch of these stocks to further approach the pertinent common pool
sub-ACL. Giving effect to this rule as soon as possible will prevent
these unnecessary impacts.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-6048 Filed 3-8-12; 4:15 pm]
BILLING CODE 3510-22-P