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]
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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
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(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).
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(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
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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.
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[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.
-----------------------------------------------------------------------
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
