Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack, 37148-37149 [2013-14745]

Download as PDF 37148 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations calculate the potential strippable hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the monitoring interval by multiplying the leak concentration in the cooling water, ppmw, determined in (g)(4)(i) of this section, by the mass flow rate of the cooling water determined in (g)(4)(ii) of this section and by the duration of the delay of repair monitoring interval. The duration of the delay of repair monitoring interval is the time period starting at midnight on the day of the previous monitoring event or at midnight on the day the repair would have had to be completed if the repair had not been delayed, whichever is later, and ending at midnight of the day the of the current monitoring event. (iv) For delay of repair monitoring intervals ending with a repaired leak, calculate the potential strippable hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the final delay of repair monitoring interval by multiplying the duration of the final delay of repair monitoring interval by the leak concentration and cooling water flow rates determined for the last monitoring event prior to the remonitoring event used to verify the leak was repaired. The duration of the final delay of repair monitoring interval is the time period starting at midnight of the day of the last monitoring event prior to re-monitoring to verify the leak was repaired and ending at the time of the re-monitoring event that verified that the leak was repaired. ■ 6. Section 63.655 is amended by: ■ a. Revising paragraph (f)(1)(vi); ■ b. Revising paragraph (g)(9); ■ c. Adding paragraph (h)(7); and ■ d. Revising paragraph (i)(4). The addition and revisions read as follows: § 63.655 Reporting and recordkeeping requirements. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (f) * * * (1) * * * (vi) For each heat exchange system, identification of the heat exchange systems that are subject to the requirements of this subpart. For heat exchange systems at existing sources, the owner or operator shall indicate whether monitoring will be conducted as specified in § 63.654(c)(4)(i) or § 63.654(c)(4)(ii). * * * * * (g) * * * (9) For heat exchange systems, Periodic Reports must include the following information: (i) The number of heat exchange systems at the plant site subject to the monitoring requirements in § 63.654. VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 (ii) The number of heat exchange systems at the plant site found to be leaking. (iii) For each monitoring location where the total strippable hydrocarbon concentration was determined to be equal to or greater than the applicable leak definitions specified in § 63.654(c)(6), identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration, the date the leak was first identified, and, if applicable, the date the source of the leak was identified; (iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration measured during re-monitoring to verify repair, and the re-monitoring date (i.e., the effective date of repair); and (v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate of the potential strippable hydrocarbon emissions over the reporting period associated with the delayed repair. (h) * * * (7) The owner or operator of a heat exchange system at an existing source must notify the Administrator at least 30 calendar days prior to changing from one of the monitoring options specified in § 63.654(c)(4) to the other. (i) * * * (4) The owner or operator of a heat exchange system subject to this subpart shall comply with the recordkeeping requirements in paragraphs (i)(4)(i) through (v) of this section and retain these records for 5 years. (i) Identification of all petroleum refinery process unit heat exchangers at the facility and the average annual HAP concentration of process fluid or intervening cooling fluid estimated when developing the Notification of Compliance Status report. (ii) Identification of all heat exchange systems subject to the monitoring requirements in § 63.654 and identification of all heat exchange systems that are exempt from the monitoring requirements according to the provisions in § 63.654(b). For each heat exchange system that is subject to PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 the monitoring requirements in § 63.654, this must include identification of all heat exchangers within each heat exchange system, and, for closed-loop recirculation systems, the cooling tower included in each heat exchange system. (iii) Results of the following monitoring data for each required monitoring event: (A) Date/time of event. (B) Barometric pressure. (C) El Paso air stripping apparatus water flow milliliter/minute (ml/min) and air flow, ml/min, and air temperature, °Celsius. (D) FID reading (ppmv). (E) Length of sampling period. (F) Sample volume. (G) Calibration information identified in Section 5.4.2 of the ‘‘Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources’’ Revision Number One, dated January 2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas Commission on Environmental Quality, January 31, 2003 (incorporated by reference—see § 63.14). (iv) The date when a leak was identified, the date the source of the leak was identified, and the date when the heat exchanger was repaired or taken out of service. (v) If a repair is delayed, the reason for the delay, the schedule for completing the repair, the heat exchange exit line flow or cooling tower return line average flow rate at the monitoring location (in gallons/minute), and the estimate of potential strippable hydrocarbon emissions for each required monitoring interval during the delay of repair. * * * * * [FR Doc. 2013–14624 Filed 6–19–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412–2517–02] RIN 0648–XC702 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2013 fishing year through this temporary final rule. Commercial landings for greater amberjack, as estimated by the Science and Research Director (SRD), are projected to reach the commercial ACT (commercial quota) on July 1, 2013. Therefore, NMFS closes the commercial sector for greater amberjack in the Gulf on July 1, 2013, and it will remain closed until the start of the next fishing season, January 1, 2014. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective 12:01 a.m., local time, July 1, 2013, until 12:01 a.m., local time, January 1, 2014. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727–824–5305, or email: Rich.Malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the Gulf, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The commercial annual catch limit (ACL) for Gulf greater amberjack is 481,000 lb (218,178 kg), as specified in 50 CFR 622.41(a)(1), and the commercial ACT (equivalent to the commercial quota) is 409,000 lb (185,519 kg), as specified in 50 CFR 622.39(a)(1)(v). However, due to an overage of the commercial ACL in 2012, NMFS implemented AMs to reduce the commercial ACT and ACL in 2013. The commercial ACT (commercial quota) was reduced to 338,157 lb (153,385 kg) for 2013 and the commercial ACL was reduced to 410,157 lb (186,044 kg) for 2013 through a temporary rule (78 FR 13284, February 27, 2013). Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the commercial sector for greater amberjack when the commercial ACT (commercial quota) is mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:04 Jun 19, 2013 Jkt 229001 reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the adjusted 2013 commercial ACT (commercial quota) will be reached by July 1, 2013. Accordingly, the commercial sector for Gulf greater amberjack is closed effective 12:01 a.m., local time, July 1, 2013, until 12:01 a.m., local time, January 1, 2014. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having greater amberjack aboard must have landed, bartered, traded, or sold such greater amberjack prior to 12:01 a.m., local time, July 1, 2013. A person aboard a vessel that has a Federal commercial vessel permit for Gulf reef fish and commercial quantities of Gulf reef fish, may not possess Gulf reef fish caught under a bag limit, as specified in 50 CFR 622.38(a)(2). During the commercial closure, the bag limit specified in 50 CFR 622.38(b)(1), applies to all harvest or possession of greater amberjack in or from the Gulf EEZ, including the bag limit that may be retained by the captain or crew of a vessel operating as a charter vessel or headboat. The bag limit for such captain and crew is zero. During the commercial closure, the possession limits specified in 50 CFR 622.38(c), apply to all harvest or possession of greater amberjack in or from the Gulf EEZ. However, from June 1 through July 31 each year, the recreational sector for greater amberjack is also closed, as specified in 50 CFR 622.34(c), and during this recreational closure, the bag and possession limit for greater amberjack in or from the Gulf EEZ is zero. During the commercial closure, the sale or purchase of greater amberjack taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, July 1, 2013, and were held in cold storage by a dealer or processor. The 2014 commercial ACT (commercial quota) for greater amberjack will return to 409,000 lb (185,519 kg), as specified at 50 CFR 622.39(a)(1)(v), and the commercial ACL for greater amberjack will return to 481,000 lb (218,178 kg), as specified in 50 CFR 622.41(a)(1)(iii), unless AMs are implemented due to a commercial ACL overage, or the Council takes subsequent regulatory action to adjust the PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 37149 commercial ACT (commercial quota) and commercial ACL. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of the Gulf greater amberjack component of the Gulf reef fish fishery and is consistent with the Magnuson-Stevens Act, the FMP, and other applicable laws. This action is taken under 50 CFR 622.41(a)(1) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds that the need to immediately implement this action to close the commercial sector for greater amberjack constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Additionally, prior notice and opportunity for public comment would be contrary to the public interest. Given the ability of the commercial sector to rapidly harvest fishery resources, there is a need to immediately implement the closure for the remainder of the 2013 fishing year. Taking time to provide prior notice and opportunity for public comment creates a higher likelihood of the reduced commercial ACT (commercial quota) and commercial ACL being exceeded. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: June 17, 2013. Kelly Denit, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–14745 Filed 6–17–13; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37148-37149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14745]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XC702


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2013 Commercial Accountability Measure and Closure for Gulf of Mexico 
Greater Amberjack

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 37149]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for 
the 2013 fishing year through this temporary final rule. Commercial 
landings for greater amberjack, as estimated by the Science and 
Research Director (SRD), are projected to reach the commercial ACT 
(commercial quota) on July 1, 2013. Therefore, NMFS closes the 
commercial sector for greater amberjack in the Gulf on July 1, 2013, 
and it will remain closed until the start of the next fishing season, 
January 1, 2014. This closure is necessary to protect the Gulf greater 
amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, July 1, 2013, 
until 12:01 a.m., local time, January 1, 2014.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, or email: Rich.Malinowski@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf, which includes greater amberjack, under the Fishery Management 
Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico 
Fishery Management Council (Council) prepared the FMP and NMFS 
implements the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. All greater amberjack weights discussed in this 
temporary rule are in round weight.
    The commercial annual catch limit (ACL) for Gulf greater amberjack 
is 481,000 lb (218,178 kg), as specified in 50 CFR 622.41(a)(1), and 
the commercial ACT (equivalent to the commercial quota) is 409,000 lb 
(185,519 kg), as specified in 50 CFR 622.39(a)(1)(v). However, due to 
an overage of the commercial ACL in 2012, NMFS implemented AMs to 
reduce the commercial ACT and ACL in 2013. The commercial ACT 
(commercial quota) was reduced to 338,157 lb (153,385 kg) for 2013 and 
the commercial ACL was reduced to 410,157 lb (186,044 kg) for 2013 
through a temporary rule (78 FR 13284, February 27, 2013).
    Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the 
commercial sector for greater amberjack when the commercial ACT 
(commercial quota) is reached, or is projected to be reached, by filing 
a notification to that effect with the Office of the Federal Register. 
NMFS has determined the adjusted 2013 commercial ACT (commercial quota) 
will be reached by July 1, 2013. Accordingly, the commercial sector for 
Gulf greater amberjack is closed effective 12:01 a.m., local time, July 
1, 2013, until 12:01 a.m., local time, January 1, 2014.
    The operator of a vessel with a valid commercial vessel permit for 
Gulf reef fish having greater amberjack aboard must have landed, 
bartered, traded, or sold such greater amberjack prior to 12:01 a.m., 
local time, July 1, 2013. A person aboard a vessel that has a Federal 
commercial vessel permit for Gulf reef fish and commercial quantities 
of Gulf reef fish, may not possess Gulf reef fish caught under a bag 
limit, as specified in 50 CFR 622.38(a)(2). During the commercial 
closure, the bag limit specified in 50 CFR 622.38(b)(1), applies to all 
harvest or possession of greater amberjack in or from the Gulf EEZ, 
including the bag limit that may be retained by the captain or crew of 
a vessel operating as a charter vessel or headboat. The bag limit for 
such captain and crew is zero. During the commercial closure, the 
possession limits specified in 50 CFR 622.38(c), apply to all harvest 
or possession of greater amberjack in or from the Gulf EEZ. However, 
from June 1 through July 31 each year, the recreational sector for 
greater amberjack is also closed, as specified in 50 CFR 622.34(c), and 
during this recreational closure, the bag and possession limit for 
greater amberjack in or from the Gulf EEZ is zero. During the 
commercial closure, the sale or purchase of greater amberjack taken 
from the EEZ is prohibited. The prohibition on sale or purchase does 
not apply to the sale or purchase of greater amberjack that were 
harvested, landed ashore, and sold prior to 12:01 a.m., local time, 
July 1, 2013, and were held in cold storage by a dealer or processor.
    The 2014 commercial ACT (commercial quota) for greater amberjack 
will return to 409,000 lb (185,519 kg), as specified at 50 CFR 
622.39(a)(1)(v), and the commercial ACL for greater amberjack will 
return to 481,000 lb (218,178 kg), as specified in 50 CFR 
622.41(a)(1)(iii), unless AMs are implemented due to a commercial ACL 
overage, or the Council takes subsequent regulatory action to adjust 
the commercial ACT (commercial quota) and commercial ACL.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the Gulf greater amberjack component of the Gulf reef fish fishery and 
is consistent with the Magnuson-Stevens Act, the FMP, and other 
applicable laws.
    This action is taken under 50 CFR 622.41(a)(1) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately implement this action to 
close the commercial sector for greater amberjack constitutes good 
cause to waive the requirements to provide prior notice and opportunity 
for public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures would be unnecessary because the rule 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure.
    Additionally, prior notice and opportunity for public comment would 
be contrary to the public interest. Given the ability of the commercial 
sector to rapidly harvest fishery resources, there is a need to 
immediately implement the closure for the remainder of the 2013 fishing 
year. Taking time to provide prior notice and opportunity for public 
comment creates a higher likelihood of the reduced commercial ACT 
(commercial quota) and commercial ACL being exceeded.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: June 17, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-14745 Filed 6-17-13; 4:15 pm]
BILLING CODE 3510-22-P