Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Access Area to General Category Individual Fishing Quota Scallop Vessels, 24879-24880 [2017-11180]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with RULES Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations timeline procedures; (4) overlapping applicability with other rules; (5) the definition of cover penetration; and (6) design plan approval. As part of the proceeding, the EPA will prepare a notice of proposed rulemaking that will provide the petitioners and the public an opportunity to comment on the issues identified in that letter. As explained in the letter, the EPA has not taken action on the remaining issues in the petitions for reconsideration. A copy of the letter is included in the dockets for this rule, Docket ID No. EPA–HQ– OAR–2003–0215 and EPA–HQ–OAR– 2014–0451. The EPA convened a proceeding for reconsideration based on the determination that some of the objections raised in the petition for reconsideration met the criteria set forth in CAA section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which requires the Administrator to convene a proceeding for reconsideration of a rule when the person raising an objection to a rule can demonstrate: (1) That it was either impractical to raise the objection during the period for public comment or that the grounds for the objection arose after the period for public comment; and (2) that the objection is of central relevance to the outcome of the rule. In particular, we determined that the tier 4 surface emissions monitoring (SEM) issues raised in the petition for reconsideration met those criteria. The proposed rule included tier 4 SEM as an optional monitoring method; however, the final rule imposed restrictions on the use of tier 4 SEM, e.g., limits on wind speed, the use of wind barriers, and restricting the use of tier 4 SEM to landfills with non-methane organic compounds emission rates between 34 and 50 mega grams per year, that were not included in the proposal. While we believe that the restrictions are appropriate in light of the potential impact of the results of tier 4 SEM, we recognize that they were added without the benefit of public comment. Thus, we find that the petitioners have demonstrated that it was impractical to raise the objection during the period for public comment. We also find that the objection to the restrictions on the use of tier 4 SEM is of central relevance to the outcome of the rule. Tier 4 SEM can be used as a site-specific methodology for determining whether and when the requirement to install a gas collection and control system is triggered. The restrictions limit an owner’s/operator’s ability to use tier 4 SEM for those purposes, thereby reducing intended flexibility in the rule. If we had the benefit of public comment on the VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 restrictions, we might have structured the rule in such a way as to minimize any potential impacts on flexibility. II. Stay of Subparts Cf and XXX By this action, the EPA is staying the subparts added or revised by two final rules, ‘‘Standards of Performance for Municipal Solid Waste Landfills,’’ 81 FR 59332 and ‘‘Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills,’’ 81 FR 59276 for 90 days pursuant to its authority under section 307(d)(7)(B) of the CAA. We believe that it is necessary to stay the subparts in their entirety because the tier 4 SEM provisions in the two rules are integral to how the rules function as a whole. The ability to use tier 4 SEM is a primary aspect of the flexibility we intended to include in the rule. Tier 4 SEM can be used to determine on a sitespecific basis whether and when the requirement to install and operate a gas collection and control system is triggered. The tier 4 SEM provision provides flexibility in complying with other requirements in the rules that does not otherwise exist. As a result, we believe that it is appropriate to stay the subparts in their entirety while we address the tier 4 SEM issues and the other issues for which the Administrator has granted reconsideration. Therefore, pursuant to section 307(d)(7)(B) of the CAA, the EPA is staying 40 CFR part 60, subpart XXX, and 40 CFR part 60, subpart Cf, for 90 days. This stay will remain in place until August 29, 2017. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements. 40 CFR part 60 is amended as follows: PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 1. The authority citation for part 60 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart Cf—[Stayed] 2. Subpart Cf is stayed from May 31, 2017 until August 29, 2017. ■ PO 00000 Frm 00055 Fmt 4700 Subpart XXX—[Stayed] 2. Subpart XXX is stayed from May 31, 2017 until August 29, 2017. ■ [FR Doc. 2017–10752 Filed 5–30–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161118999–7280–02] RIN 0648–XF410 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Access Area to General Category Individual Fishing Quota Scallop Vessels National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the Nantucket Lightship Scallop Access Area will close to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2017 fishing year as of the effective date below. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Nantucket Lightship Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Nantucket Lightship Scallop Access Area will be taken. SUMMARY: Effective 0001 hr local time, May 30, 2017, through March 31, 2018. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, (978) 282–8456. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Nantucket Lightship Scallop Access Area under specific conditions, including a total of 837 trips that may be taken during the 2017 fishing year. Section 648.59(g)(3)(iii) requires the Nantucket Lightship Scallop Access DATES: Dated: May 22, 2017. E. Scott Pruitt, Administrator. Sfmt 4700 24879 E:\FR\FM\31MYR1.SGM 31MYR1 24880 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations asabaliauskas on DSKBBXCHB2PROD with RULES Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allowed number of trips for fishing year 2017 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the Nantucket Lightship Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 837 trips will be taken as of May 30, 2017. Therefore, in accordance with § 648.59(g)(3)(iii), NMFS is closing the Nantucket Lightship Scallop Access Area to all LAGC IFQ scallop vessels as of May 30, 2017. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Nantucket Lightship Scallop Access Area after 0001 local time, May 30, 2017. Any LAGC IFQ vessel that has declared into the Nantucket Lightship Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area before 0001, May 30, 2017, may complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2017 scallop fishing year. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Nantucket Lightship Scallop Access Area opened for the 2017 fishing year on March 23, 2017. The regulations at § 648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the Nantucket Lightship Scallop Access Area. The projections of the date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area become apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. In order to propose a closure for purposes of receiving prior public comment, NMFS would need to make a projection based on very little information, which would result in a closure too early or too late. To allow LAGC IFQ scallop vessels to continue to take trips in the Nantucket Lightship Scallop Access Area during the period necessary to VerDate Sep<11>2014 16:13 May 30, 2017 Jkt 241001 publish and receive comments on a proposed rule would likely result in vessels taking much more than the allowed number of trips in the Nantucket Lightship Scallop Access Area. Excessive trips and harvest from the Nantucket Lightship Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when we put these provisions in place. For these same reasons, NMFS further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: May 25, 2017. Margo B. Schulze-Haugen, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–11180 Filed 5–25–17; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] RIN 0648–XF468 Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Fishery in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2017 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 26, 2017, through 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (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. The 2017 allocation of yellowfin sole total allowable catch for vessels participating in the BSAI trawl limited access fishery in the BSAI is 18,151 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2017 allocation of yellowfin sole total allowable catch allocated as a directed fishing allowance for vessels participating in the BSAI trawl limited access fishery in the BSAI will soon be reached. Consequently, NMFS is prohibiting directed fishing for yellowfin sole for vessels participating in the BSAI trawl limited access fishery in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. SUPPLEMENTARY INFORMATION: 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) 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 yellowfin sole by vessels fishing in the BSAI trawl limited access fishery in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 24, 2017. The acting 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 E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24879-24880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11180]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 161118999-7280-02]
RIN 0648-XF410


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Closure of the Nantucket Lightship Access Area to General 
Category Individual Fishing Quota Scallop Vessels

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Nantucket Lightship Scallop Access 
Area will close to Limited Access General Category Individual Fishing 
Quota scallop vessels for the remainder of the 2017 fishing year as of 
the effective date below. No vessel issued a Limited Access General 
Category Individual Fishing Quota permit may fish for, possess, or land 
scallops from the Nantucket Lightship Scallop Access Area. Regulations 
require this action once it is projected that 100 percent of trips 
allocated to the Limited Access General Category Individual Fishing 
Quota scallop vessels for the Nantucket Lightship Scallop Access Area 
will be taken.

DATES: Effective 0001 hr local time, May 30, 2017, through March 31, 
2018.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, (978) 282-8456.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. 
These regulations authorize vessels issued a valid Limited Access 
General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit 
to fish in the Nantucket Lightship Scallop Access Area under specific 
conditions, including a total of 837 trips that may be taken during the 
2017 fishing year. Section 648.59(g)(3)(iii) requires the Nantucket 
Lightship Scallop Access

[[Page 24880]]

Area to be closed to LAGC IFQ permitted vessels for the remainder of 
the fishing year once the NMFS Greater Atlantic Regional Administrator 
determines that the allowed number of trips for fishing year 2017 are 
projected to be taken.
    Based on trip declarations by LAGC IFQ scallop vessels fishing in 
the Nantucket Lightship Scallop Access Area, analysis of fishing 
effort, and other information, NMFS projects that 837 trips will be 
taken as of May 30, 2017. Therefore, in accordance with Sec.  
648.59(g)(3)(iii), NMFS is closing the Nantucket Lightship Scallop 
Access Area to all LAGC IFQ scallop vessels as of May 30, 2017. No 
vessel issued an LAGC IFQ permit may fish for, possess, or land 
scallops in or from the Nantucket Lightship Scallop Access Area after 
0001 local time, May 30, 2017. Any LAGC IFQ vessel that has declared 
into the Nantucket Lightship Access Area scallop fishery, complied with 
all trip notification and observer requirements, and crossed the VMS 
demarcation line on the way to the area before 0001, May 30, 2017, may 
complete its trip without being subject to this closure. This closure 
is in effect for the remainder of the 2017 scallop fishing year.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866. NMFS finds good cause pursuant to 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment because it would be contrary to the public interest and 
impracticable. The Nantucket Lightship Scallop Access Area opened for 
the 2017 fishing year on March 23, 2017. The regulations at Sec.  
648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop 
vessels do not take more than their allocated number of trips in the 
Nantucket Lightship Scallop Access Area. The projections of the date on 
which the LAGC IFQ fleet will have taken all of its allocated trips in 
an Access Area become apparent only as trips into the area occur on a 
real-time basis and as activity trends begin to appear. As a result, 
NMFS can only make an accurate projection very close in time to when 
the fleet has taken all of its trips. In order to propose a closure for 
purposes of receiving prior public comment, NMFS would need to make a 
projection based on very little information, which would result in a 
closure too early or too late. To allow LAGC IFQ scallop vessels to 
continue to take trips in the Nantucket Lightship Scallop Access Area 
during the period necessary to publish and receive comments on a 
proposed rule would likely result in vessels taking much more than the 
allowed number of trips in the Nantucket Lightship Scallop Access Area. 
Excessive trips and harvest from the Nantucket Lightship Scallop Access 
Area would result in excessive fishing effort in the area, where effort 
controls are critical, thereby undermining conservation objectives of 
the Atlantic Sea Scallop Fishery Management Plan and requiring more 
restrictive future management measures. Also, the public had prior 
notice and full opportunity to comment on this closure process when we 
put these provisions in place. For these same reasons, NMFS further 
finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day 
delayed effectiveness period.

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

    Dated: May 25, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-11180 Filed 5-25-17; 4:15 pm]
BILLING CODE 3510-22-P