Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area; Pacific Cod Trawl Cooperative Program, 80519-80521 [2022-28467]
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Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Proposed Rules
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influence the suitability of alternative
means of addressing the requirement in
section 172(c)(9) for contingency
measures for SO2. An appropriate means
of satisfying this requirement is for the
state to have a comprehensive
enforcement program that identifies
sources of violations of the SO2 NAAQS
and for the state to undertake aggressive
follow-up for compliance and
enforcement. Illinois’ plan provides for
satisfying the contingency measure
requirement in this manner for sources
in the state. EPA concurs and proposes
to approve Illinois’ plan for meeting the
contingency measure requirement in
this manner.
VI. EPA’s Proposed Action
EPA is proposing to approve Illinois’
submission as a SIP revision, which the
state submitted to EPA on December 31,
2018, for attaining the 2010 SO2 NAAQS
for the Alton Township nonattainment
area. As part of this action, EPA is
proposing to incorporate Illinois’ Permit
to Construct Number #18020009,
applicable to Alton Steel, by reference
into the SIP. The permit requires that
Alton Steel operates a new LMF stack to
replace the four downward facing vents
on the individual compartments on the
LMF stack. The SO2 emissions from the
LMF stack must not exceed 0.10 pound
per ton of steel produced, 11.20 pounds
per hour, and 37.50 tons per year.
This SO2 nonattainment plan includes
Illinois’ attainment demonstration for
the Alton township SO2 nonattainment
area. Although Illinois did not explicitly
model air quality based on AmerenSioux’s updated limit, Illinois provided
sufficient information and modeling to
enable EPA to conduct additionally
necessary supplemental modeling to
demonstrate that the revised limit at the
Alton Steel facility, that will drastically
reduce any contributions from Illinois to
the violations modeled in the NAA, and
a lower limit imposed on Ameren-Sioux
by Missouri would allow the area to
meet the standard. Therefore, EPA
concludes that the modeling in Illinois’
plan, as supplemented by EPA,
adequately demonstrates that the
control requirements that apply to
relevant sources in and near the area,
including the revised 24-hour block SO2
limit for Ameren-Sioux, provide for
attainment in the area. As previously
explained, EPA conducted a
confirmatory model run explicitly
applying the more stringent limit at
Ameren-Sioux, and factoring a
historically representative adjustment
factor, showing more directly that the
measures in Illinois’ plan as
supplemented by this limit provide for
attainment. This nonattainment plan
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also addresses requirements for
emission inventories, RACT/RACM,
RFP, and contingency measures. Illinois
has previously addressed requirements
regarding nonattainment area NSR. EPA
has determined that Illinois’ SO2
nonattainment plan meets the
applicable requirements of CAA
sections 172, 191, and 192. EPA is
taking public comments for thirty days
following the publication of this
proposed action in the Federal Register.
EPA will take these comments into
consideration in our final action.
VII. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the Illinois construction permit for
Alton Steel, Inc., issued March 5, 2018,
as described in section VI. of this
preamble. EPA has made, and will
continue to make, these documents
generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
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80519
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur oxides.
Dated: December 21, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–28158 Filed 12–29–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–BL08
Fisheries of the Exclusive Economic
Zone Off Alaska; Amendment 122 to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area;
Pacific Cod Trawl Cooperative
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
The North Pacific Fishery
Management Council (Council)
submitted Amendment 122 to the
Fishery Management Plan (FMP) for
groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI) to the Secretary of Commerce for
review. If approved, Amendment 122
would implement the Pacific cod Trawl
Cooperative (PCTC) Program, a limited
access privilege program. Amendment
122 is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act),
Amendment 122, and the BSAI FMP.
DATES: Comments must be received no
later than February 28, 2023.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2022–0072,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2022–0072 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
the Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska
Region NMFS. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 122
to the BSAI FMP, the Environmental
Assessment/Regulatory Impact Review
prepared for this action (the Analysis),
and the Finding of No Significant
Impact prepared for this action may be
obtained from www.regulations.gov and
the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/region/
alaska.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Stephanie Warpinski, (907) 586–7228.
SUPPLEMENTARY INFORMATION:
The Magnuson-Stevens Act requires
that each regional fishery management
council submit any FMP amendment it
prepares to NMFS for review and
approval, disapproval, or partial
approval by the Secretary of Commerce.
The Magnuson-Stevens Act also
requires that NMFS, upon receiving an
FMP amendment, immediately publish
a notice in the Federal Register
announcing that the amendment is
available for public review and
comment. This notice announces that
proposed Amendment 122 to the BSAI
FMP is available for public review and
comment.
The Council prepared, and the
Secretary approved, the BSAI FMP
under the authority of the MagnusonStevens Act (16 U.S.C. 1801 et seq.). The
BSAI FMP is implemented by
regulations governing U.S. fisheries at
50 CFR parts 600 and 679. The Council
is authorized to prepare and recommend
an FMP amendment for the
conservation and management of a
fishery covered under the FMP.
Amendment 122 would create a
limited access privilege program—the
PCTC Program—in the BSAI Pacific cod
trawl fishery, allocating harvest quota to
participants based on their history in
the fishery. Amendment 122 would
allocate quota share (QS) to groundfish
License Limitation Program (LLP)
license holders based on the harvest of
BSAI Pacific cod during the qualifying
years of 2009 through 2019.
Amendment 122 would also allocate QS
to a processor permit holder based on
processing history during those
qualifying years. Under this program,
QS holders would be required to join a
PCTC Program cooperative annually.
Cooperatives would be allocated an
exclusive harvest privilege in the form
of cooperative quota (CQ), equal to the
aggregate QS of all cooperative
members. The Council’s intent in
recommending Amendment 122 is to
improve the prosecution of the fishery
by promoting safety and stability in the
harvesting and processing sectors,
increasing the value of the fishery,
minimizing bycatch to the extent
practicable, providing for the sustained
participation of fishery dependent
communities, and ensuring the
sustainability and viability of the Pacific
cod resource in the BSAI.
Amendment 122 would add section
3.7.6 of the FMP to: (1) Authorize the
PCTC Program harvesters and
processors to form cooperatives to
harvest their QS; (2) Allocate QS to
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Fmt 4702
Sfmt 4702
harvesters based on legal landings of
targeted BSAI Pacific cod by trawl
catcher vessels (CVs) during the 2009 to
2019 qualifying years; (3) Allocate QS to
Bering Sea processors based on
deliveries of legal landings of targeted
BSAI Pacific cod by trawl CVs during
the 2009 to 2019 qualifying years; (4)
Establish annual halibut and crab
prohibited species catch (PSC) limits
specific to the BSAI Pacific cod trawl
CV sector during the annual harvest
specifications process; (5) Require
cooperatives to reserve 12 percent of A
season CQ as a set-aside for delivery to
an Aleutian Islands shoreplant if the
community of Adak or Atka file a notice
of intent to process Pacific cod that year;
(6) Establish an aggregate Gulf of Alaska
(GOA) groundfish sideboard and halibut
PSC limit for all American Fisheries Act
(AFA) CVs that are not currently exempt
from GOA sideboards (except when
participating in the Central GOA
Rockfish Program); (7) Restrict PCTC
Program harvesters that are exempt from
GOA sideboards from leasing CQ
derived from their QS; and (8) Establish
limitations on transferability of QS,
requirements for cooperative reporting
to the Council, and ownership and use
caps.
Amendment 122 would remove
section 3.6.5 of the FMP because
Amendment 113 and its implementing
regulations were vacated by the U.S.
District Court for the District of
Columbia (Court) on March 21, 2019.
BSAI Amendment 113 required
harvesters to deliver a certain amount of
Pacific cod to AI shoreside processors,
as recommended by the Council and
implemented by NMFS at the start of
the 2017 fishing year (81 FR 84434,
November 23, 2016). This proposed
amendment would remove Amendment
113 and implement an alternative
delivery set-aside under which PCTC
Program cooperatives would reserve CQ
for delivery to an Aleutian Island
shoreplant under certain conditions.
NMFS is soliciting public comments
on proposed Amendment 122 through
the end of the comment period (see
DATES). NMFS intends to publish in the
Federal Register and seek public
comment on a proposed rule that would
implement Amendment 122 following
NMFS’s evaluation of the proposed rule
under the Magnuson-Stevens Act.
Respondents do not need to submit
the same comments on Amendment 122
and the proposed rule. All relevant
written comments received by the end
of the applicable comment period,
whether specifically directed to the
FMP amendment or the proposed rule,
will be considered by NMFS in the
approval/disapproval decision for
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Federal Register / Vol. 87, No. 250 / Friday, December 30, 2022 / Proposed Rules
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Amendment 122 and addressed in the
response to comments in the final rule.
Comments received after that date may
not be considered in the approval/
disapproval decision on Amendment
122. To be certain of consideration,
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16:22 Dec 29, 2022
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comments must be received, not just
postmarked or otherwise transmitted, by
the last day of the comment period (see
DATES).
Authority: 16 U.S.C. 1801 et seq.
PO 00000
Dated: December 27, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–28467 Filed 12–29–22; 8:45 am]
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]]>Agencies
[Federal Register Volume 87, Number 250 (Friday, December 30, 2022)]
[Proposed Rules]
[Pages 80519-80521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28467]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
RIN 0648-BL08
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
122 to the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area; Pacific Cod Trawl Cooperative Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 80520]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council (Council)
submitted Amendment 122 to the Fishery Management Plan (FMP) for
groundfish of the Bering Sea and Aleutian Islands Management Area
(BSAI) to the Secretary of Commerce for review. If approved, Amendment
122 would implement the Pacific cod Trawl Cooperative (PCTC) Program, a
limited access privilege program. Amendment 122 is intended to promote
the goals and objectives of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), Amendment 122, and the BSAI
FMP.
DATES: Comments must be received no later than February 28, 2023.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2022-0072,
by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0072 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to the Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of Amendment 122 to the BSAI FMP, the
Environmental Assessment/Regulatory Impact Review prepared for this
action (the Analysis), and the Finding of No Significant Impact
prepared for this action may be obtained from www.regulations.gov and
the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, (907) 586-7228.
SUPPLEMENTARY INFORMATION:
The Magnuson-Stevens Act requires that each regional fishery
management council submit any FMP amendment it prepares to NMFS for
review and approval, disapproval, or partial approval by the Secretary
of Commerce. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP amendment, immediately publish a notice in the Federal
Register announcing that the amendment is available for public review
and comment. This notice announces that proposed Amendment 122 to the
BSAI FMP is available for public review and comment.
The Council prepared, and the Secretary approved, the BSAI FMP
under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.). The BSAI FMP is implemented by regulations governing U.S.
fisheries at 50 CFR parts 600 and 679. The Council is authorized to
prepare and recommend an FMP amendment for the conservation and
management of a fishery covered under the FMP.
Amendment 122 would create a limited access privilege program--the
PCTC Program--in the BSAI Pacific cod trawl fishery, allocating harvest
quota to participants based on their history in the fishery. Amendment
122 would allocate quota share (QS) to groundfish License Limitation
Program (LLP) license holders based on the harvest of BSAI Pacific cod
during the qualifying years of 2009 through 2019. Amendment 122 would
also allocate QS to a processor permit holder based on processing
history during those qualifying years. Under this program, QS holders
would be required to join a PCTC Program cooperative annually.
Cooperatives would be allocated an exclusive harvest privilege in the
form of cooperative quota (CQ), equal to the aggregate QS of all
cooperative members. The Council's intent in recommending Amendment 122
is to improve the prosecution of the fishery by promoting safety and
stability in the harvesting and processing sectors, increasing the
value of the fishery, minimizing bycatch to the extent practicable,
providing for the sustained participation of fishery dependent
communities, and ensuring the sustainability and viability of the
Pacific cod resource in the BSAI.
Amendment 122 would add section 3.7.6 of the FMP to: (1) Authorize
the PCTC Program harvesters and processors to form cooperatives to
harvest their QS; (2) Allocate QS to harvesters based on legal landings
of targeted BSAI Pacific cod by trawl catcher vessels (CVs) during the
2009 to 2019 qualifying years; (3) Allocate QS to Bering Sea processors
based on deliveries of legal landings of targeted BSAI Pacific cod by
trawl CVs during the 2009 to 2019 qualifying years; (4) Establish
annual halibut and crab prohibited species catch (PSC) limits specific
to the BSAI Pacific cod trawl CV sector during the annual harvest
specifications process; (5) Require cooperatives to reserve 12 percent
of A season CQ as a set-aside for delivery to an Aleutian Islands
shoreplant if the community of Adak or Atka file a notice of intent to
process Pacific cod that year; (6) Establish an aggregate Gulf of
Alaska (GOA) groundfish sideboard and halibut PSC limit for all
American Fisheries Act (AFA) CVs that are not currently exempt from GOA
sideboards (except when participating in the Central GOA Rockfish
Program); (7) Restrict PCTC Program harvesters that are exempt from GOA
sideboards from leasing CQ derived from their QS; and (8) Establish
limitations on transferability of QS, requirements for cooperative
reporting to the Council, and ownership and use caps.
Amendment 122 would remove section 3.6.5 of the FMP because
Amendment 113 and its implementing regulations were vacated by the U.S.
District Court for the District of Columbia (Court) on March 21, 2019.
BSAI Amendment 113 required harvesters to deliver a certain amount of
Pacific cod to AI shoreside processors, as recommended by the Council
and implemented by NMFS at the start of the 2017 fishing year (81 FR
84434, November 23, 2016). This proposed amendment would remove
Amendment 113 and implement an alternative delivery set-aside under
which PCTC Program cooperatives would reserve CQ for delivery to an
Aleutian Island shoreplant under certain conditions.
NMFS is soliciting public comments on proposed Amendment 122
through the end of the comment period (see DATES). NMFS intends to
publish in the Federal Register and seek public comment on a proposed
rule that would implement Amendment 122 following NMFS's evaluation of
the proposed rule under the Magnuson-Stevens Act.
Respondents do not need to submit the same comments on Amendment
122 and the proposed rule. All relevant written comments received by
the end of the applicable comment period, whether specifically directed
to the FMP amendment or the proposed rule, will be considered by NMFS
in the approval/disapproval decision for
[[Page 80521]]
Amendment 122 and addressed in the response to comments in the final
rule. Comments received after that date may not be considered in the
approval/disapproval decision on Amendment 122. To be certain of
consideration, comments must be received, not just postmarked or
otherwise transmitted, by the last day of the comment period (see
DATES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 27, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-28467 Filed 12-29-22; 8:45 am]
BILLING CODE 3510-22-P
