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]
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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.
■
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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.
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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.
-----------------------------------------------------------------------
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
