Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska Management Area, 55228-55229 [2013-21995]

Download as PDF 55228 Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this final action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP obligations discussed herein do not apply to Indian Tribes, and thus this action will not impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 12, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate Matter, Sulfur oxides, Reporting and recordkeeping requirements. Dated: August 22, 2013. Jared Blumenfeld, Regional Administrator, Region IX. rmajette on DSK2TPTVN1PROD with RULES 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. VerDate Mar<15>2010 14:54 Sep 09, 2013 Jkt 229001 FOR FURTHER INFORMATION CONTACT: 2. Section 52.247 is amended by adding paragraph (d) to read as follows: SUPPLEMENTARY INFORMATION: Obren Davis, 907–586–7228. ■ § 52.247 Control Strategy and Regulations: Fine Particle Matter. * * * * * (d) Determination of Attainment: Effective October 10, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the Chico PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn. [FR Doc. 2013–21877 Filed 9–9–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 120918468–3111–02] RIN 0648–XC856 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: NMFS is reallocating the projected unused amount of Pacific cod from trawl catcher/processors to catcher vessels using hook-and-line gear in the Western Regulatory Area of the Gulf of Alaska management area (GOA). This action is necessary to allow the 2013 total allowable catch of Pacific cod in the Western Regulatory Area of the GOA to be harvested. DATES: Effective September 5, 2013, through 2400 hours, Alaska local time (A.l.t.), December 31, 2013. SUMMARY: Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Subpart F—California PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 NMFS manages the groundfish fishery in the Gulf of Alaska 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 with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The 2013 Pacific cod total allowable catch specified for trawl catcher/ processors (C/Ps) in the Western Regulatory Area of the GOA is 496 metric tons (mt) as established by the final 2013 and 2014 harvest specifications for groundfish in the GOA (78 FR 13162, February 26, 2013). The Administrator, Alaska Region (Regional Administrator) has determined that trawl C/Ps will not be able to harvest 100 mt of the 2013 Pacific cod TAC allocated to those vessels under § 679.20(a)(12)(i)(A). In accordance with § 679.20(a)(12)(ii)(B), the Regional Administrator has also determined that catcher vessels using hook-and-line currently have the capacity to harvest this excess allocation and reallocates 100 mt to catcher vessels using hookand-line gear in the Western Regulatory Area of the GOA. The harvest specifications for Pacific cod in the Western Regulatory Area of the GOA included in the final 2013 harvest specifications for groundfish in the GOA (78 FR 13162, February 26, 2013) is revised as follows: 396 mt for trawl C/Ps and 390 mt for vessels using hook-and-line gear. Classification This action responds to the best available information recently obtained from the fishery. The 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) 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 reallocation of Pacific cod specified from trawl C/Ps to vessels using hook-and-line gear. Since the E:\FR\FM\10SER1.SGM 10SER1 Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES fishery is currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most VerDate Mar<15>2010 14:54 Sep 09, 2013 Jkt 229001 recent, relevant data only became available as of September 4, 2013. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. PO 00000 This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 5, 2013. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–21995 Filed 9–5–13; 4:15 pm] BILLING CODE 3510–22–P Frm 00059 Fmt 4700 Sfmt 9990 55229 E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Rules and Regulations]
[Pages 55228-55229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 120918468-3111-02]
RIN 0648-XC856


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska 
Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of Pacific 
cod from trawl catcher/processors to catcher vessels using hook-and-
line gear in the Western Regulatory Area of the Gulf of Alaska 
management area (GOA). This action is necessary to allow the 2013 total 
allowable catch of Pacific cod in the Western Regulatory Area of the 
GOA to be harvested.

DATES: Effective September 5, 2013, through 2400 hours, Alaska local 
time (A.l.t.), December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
Gulf of Alaska 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 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing 
sideboard protections for GOA groundfish fisheries appear at subpart B 
of 50 CFR part 680.
    The 2013 Pacific cod total allowable catch specified for trawl 
catcher/processors (C/Ps) in the Western Regulatory Area of the GOA is 
496 metric tons (mt) as established by the final 2013 and 2014 harvest 
specifications for groundfish in the GOA (78 FR 13162, February 26, 
2013). The Administrator, Alaska Region (Regional Administrator) has 
determined that trawl C/Ps will not be able to harvest 100 mt of the 
2013 Pacific cod TAC allocated to those vessels under Sec.  
679.20(a)(12)(i)(A). In accordance with Sec.  679.20(a)(12)(ii)(B), the 
Regional Administrator has also determined that catcher vessels using 
hook-and-line currently have the capacity to harvest this excess 
allocation and reallocates 100 mt to catcher vessels using hook-and-
line gear in the Western Regulatory Area of the GOA.
    The harvest specifications for Pacific cod in the Western 
Regulatory Area of the GOA included in the final 2013 harvest 
specifications for groundfish in the GOA (78 FR 13162, February 26, 
2013) is revised as follows: 396 mt for trawl C/Ps and 390 mt for 
vessels using hook-and-line gear.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The 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) 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 reallocation of Pacific cod specified from trawl C/Ps 
to vessels using hook-and-line gear. Since the

[[Page 55229]]

fishery is currently open, it is important to immediately inform the 
industry as to the revised allocations. Immediate notification is 
necessary to allow for the orderly conduct and efficient operation of 
this fishery, to allow the industry to plan for the fishing season, and 
to avoid potential disruption to the fishing fleet as well as 
processors. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of September 4, 2013.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: September 5, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-21995 Filed 9-5-13; 4:15 pm]
BILLING CODE 3510-22-P
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