Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules 46211 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0499. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

For further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: July 11, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2014–18479 Filed 8–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0409; FRL–9914–84– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment for the 2008 Lead National 

Ambient Air Quality Standard for the 

Lyons Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Lyons, Pennsylvania (PA) 

nonattainment area (hereafter also 

referred to as the ‘‘Lyons Area’’ or 

‘‘Area’’) has attained the 2008 lead (Pb) 

national ambient air quality standard 

(NAAQS). This proposed determination 

of attainment is based upon certified, 

quality-assured, and quality-controlled 

ambient air monitoring data from 2011– 

2013 which shows that the Area has 

monitored attainment for the 2008 Pb 

NAAQS. If EPA finalizes this proposed 

determination of attainment, the 

requirements for the Lyons Area to 

submit an attainment demonstration, 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning 

requirements related to attainment of 

the standard shall be suspended for so 

long as the Lyons Area continues to 

attain the 2008 Pb NAAQS. 

DATES: Written comments must be 

received on or before September 8, 

2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0409 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0409, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2014– 

0409. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 


emcdonald on DSK67QTVN1PROD with PROPOSALS
46212 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules 

1EPA completed a second and final round of 

designations for the 2008 Pb NAAQS on November 

22, 2011; no additional areas in Pennsylvania were 

designated as nonattainment under this rulemaking. 

See 76 FR 72097. 

2Although the D.C. Circuit remanded the 1997 

PM2.5 Implementation Rule on January 4, 2013, the 

decision did not cast doubt on EPA’s interpretation 

of statutory provisions, including EPA’s Clean Data 

Policy interpretation. 

3This discussion refers to subpart 1 as this 

subpart contains the general and substantive 

attainment-related requirements for all NAAQS. 

Subpart 5 establishes additional requirements for 

the lead NAAQS, including the applicable 

attainment date and the deadline for States to 

submit a plan to meet the substantive attainmentrelated requirements of subpart 1. 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘clean data 

determination’’ and ‘‘determination of 

attainment’’ are used interchangeably, 

‘‘Agency’’ may be used to imply the 

EPA, and ‘‘3-year period’’ represents 

three (3) consecutive calendar years. For 

detailed information regarding this 

proposed rulemaking action, EPA 

prepared a Technical Support 

Document (TSD). The TSD can be 

viewed at http://www.regulations.gov. 

I. Background 

On November 12, 2008 (73 FR 66964), 

EPA established a 2008 primary and 

secondary Pb NAAQS at 0.15 

micrograms per cubic meter (mg/m3) 

based on a maximum arithmetic 3- 

month mean concentration for a 3-year 

period. See 40 CFR 50.16. On November 

22, 2010, (75 FR 71033), EPA published 

its initial air quality designations and 

classifications for the 2008 Pb NAAQS 

based upon available air quality 

monitoring data for calendar years 

2007–2009. These designations became 

effective on December 31, 2010.1 The 

Lyons Area, which is located in Berks 

County and is bounded by Kutztown 

Borough, Lyons Borough, Maxatawny 

Township, and Richmond Township, 

was designated nonattainment for the 

2008 Pb NAAQS. See 40 CFR 81.339. 

On March 31, 2014, the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

submitted a letter requesting EPA to 

make a determination that the Lyons 

nonattainment area has attained the 

2008 Pb NAAQS, based on certified, 

quality-assured, and quality-controlled 

air monitoring data from 2011 through 

2013. 

II. Summary of Proposed Action 

EPA is proposing to determine that 

the Lyons Area has ‘‘clean data’’ for the 

2008 Pb NAAQS. This proposed action 

is based upon certified, quality-assured, 

and quality-controlled ambient air 

monitoring data for the 2011–2013 

monitoring period that shows that the 

Area has monitored attainment of the 

2008 Pb NAAQS. 

III. Effects of Proposed Action 

If this proposed determination of 

attainment is made final, the 

requirements for the Lyons Area to 

submit an attainment demonstration 

together with RACM (encompassing 

reasonably available control 

technologies (RACT)), an RFP plan, 

contingency measures for failure to meet 

RFP goals, and any other planning SIP 

requirements related to attainment of 

the 2008 Pb NAAQS will be suspended. 

Attainment deadlines would be 

suspended until such time, if any, that 

EPA subsequently determines that the 

Area has violated the 2008 Pb NAAQS. 

The Agency’s proposal is consistent 

with EPA’s regulations and with its 

longstanding interpretation of subpart 1 

of part D of the Clean Air Act (CAA). 

IV. EPA’s Clean Data Policy 

Following enactment of the CAA 

Amendments of 1990, EPA promulgated 

its interpretation of the requirements for 

implementing the NAAQS in the 

general preamble for the 

Implementation of Title I of the CAA 

Amendments of 1990 (General 

Preamble). See 57 FR 13498, 13564 

(April 16, 1992). In 1995, based on the 

interpretation of CAA sections 171 and 

172, and section 182 in the General 

Preamble, EPA set forth what has 

become known as its ‘‘Clean Data 

Policy’’ for the 1-hour ozone NAAQS. 

See Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

Standards, ‘‘RFP, Attainment 

Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard’’ (May 

10, 1995). In 2004, EPA indicated its 

intention to extend the Clean Data 

Policy to the fine particulate matter 

(PM2.5) NAAQS. See Memorandum from 

Steve Page, Director, EPA Office of Air 

Quality Planning and Standards, ‘‘Clean 

Data Policy for the Fine Particle 

National Ambient Air Quality 

Standards’’ (December 14, 2004).2

EPA has applied its interpretation 

under the Clean Data Policy in many 

rulemakings, suspending certain 

attainment-related planning 

requirements for individual areas, based 

on a determination of attainment, or 

‘‘clean data’’ determination. See 69 FR 

21717 (April 22, 2004) (San Francisco 

Bay Area, 1-hour ozone), 75 FR 6570 

(February 10, 2010) (Baton Rouge, 

Louisiana, 1-hour ozone), 75 FR 27944 

(May 19, 2010) (Coso Junction, 

California, PM10), 77 FR 52232 (August 

29, 2012) (Bristol, Tennessee, Pb), 78 FR 

66280 (November 5, 2013) 

(Bellefontaine, Ohio, Pb). For more 

information about the history, rationale 

and application of the Clean Data 

Policy, see 77 FR 35653–35654. 

EPA also incorporated its 

interpretation under the Clean Data 

Policy in its implementation rules. See 

Clean Air Fine Particle Implementation 

Rule, 72 FR 20586 (April 25, 2007); 

Final Rule To Implement the 8-Hour 

Ozone National Ambient Air Quality 

Standard—Phase 2, 70 FR 71612 

(November 29, 2005). The Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) upheld EPA’s rule 

embodying the Clean Data Policy for the 

1997 8-hour ozone standard. NRDC v. 

EPA, 571 F.3d 1245 (D.C. Cir. 2009). 

Other courts have reviewed and 

considered rulemakings applying EPA’s 

Clean Data Policy, and have consistently 

upheld them. Sierra Club v. EPA, 99 F. 

3d 1551 (10th Cir. 1996); Sierra Club v. 

EPA, 375 F. 3d 537 (7th Cir. 2004); Our 

Children’s Earth Foundation v. EPA, No. 

04–73032 (9th Cir. June 28, 2005 

(Memorandum Opinion)), Latino Issues 

Forum v. EPA, Nos. 06–75831 and 08– 

71238 (9th Cir. March 2, 2009 

(Memorandum Opinion)). 

EPA’s Clean Data Policy represents 

the Agency’s interpretation that certain 

requirements of subpart 1 of part D of 

the CAA are, by EPA’s terms, not 

applicable to areas that have attained 

the NAAQS before the applicable 

attainment date.3 The specific 

requirements that are inapplicable to an 

area attaining the standard are the 

requirements to submit a SIP that 

provides for implementation of all: 

RACM, RFP, and contingency measures 

for failure to meet deadlines for RFP and 

attainment by the attainment date. 

It is important to note that an area’s 

obligation to submit an attainment 

demonstration and related planning 

submissions is suspended only for so 

long as the area continues to attain that 

standard. If EPA subsequently 

determines, after notice-and-comment 


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Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules 46213 

rulemaking, that the area has violated 

the standard, the requirements for the 

State to submit a SIP to meet the 

previously suspended requirements 

would be reinstated. It is likewise 

important to note that the area remains 

designated nonattainment pending a 

further redesignation action. 

V. EPA’s Requirements for Compliance 

With the 2008 Lead NAAQS 

Under EPA regulations at 40 CFR 

50.16, the 2008 primary and secondary 

Pb standards are met when the 

maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 40 CFR 

part 50, Appendix R, is less than or 

equal to 0.15 mg/m3 at all relevant 

monitoring sites in the subject area. 

Specifically, 40 CFR part 50, Appendix 

R establishes that in order to determine 

compliance with the 2008 Pb NAAQS, 

a design value for each monitor is 

compared to the NAAQS level. 

Therefore, the 2008 Pb NAAQS is met 

at a monitoring site when the identified 

design value is valid and is less than or 

equal to 0.15 mg/m3. The design value 

for the 2008 Pb NAAQS is the highest 

valid 3-month arithmetic lead 

concentration for the 38-month period 

consisting of the most recent 3-year 

calendar period (36 months) plus the 

two preceding months for a total of 36 

3-month periods. 

Only data from Federal Reference 

Method (FRM) or Federal Equivalent 

Method (FEM) monitors meeting the 

requirements of 40 CFR part 58 and 

submitted to EPA’s Air Quality System 

(AQS) can be used in calculating a 

design value. A lead design value that 

meets the 2008 Pb NAAQS is 

considered useable (e.g. valid) if it 

encompasses 36 consecutive valid 3- 

month means from a monitoring site. On 

the other hand, a violating lead design 

value that is greater than the NAAQS 

level is useable no matter how many 

valid 3-month means in the 3-year 

period it encompasses; that is, a 

violating design value is useable even if 

this highest 3-month mean is the only 

valid 3-month mean in the 3-year time 

frame. 

Additionally, a 3-month mean is 

considered complete and valid if the 

average of the data capture rate of the 

three individual monthly means (3- 

month data capture rate) is greater than 

or equal to 75 percent. As an exception, 

a 3-month mean that does not meet this 

completeness requirement can still be 

considered valid and complete, if it 

passes either of the two ‘‘data 

substitution’’ tests identified in section 

(4)(c)(ii) of 40 CFR 50, Appendix R. 

Additional explanation of EPA’s 

monitoring requirements to determine 

compliance with the 2008 Pb NAAQS 

can be found in the TSD for this 

proposed rulemaking action. 

VI. EPA’s Evaluation of Air Quality 

Data for the Lyons Area 

The Lyons Area consists of two 

monitoring locations, Lyons Boro with a 

single FEM monitor and Lyons Park 

with two collocated FEM monitors. The 

Commonwealth of Pennsylvania 

submitted into EPA’s AQS database 

quality assured, quality controlled, and 

certified air quality monitoring data for 

2011–2013 for the 2008 lead NAAQS. 

EPA has reviewed this ambient air 

monitoring data for lead for the Lyons 

Area in accordance with the provisions 

of 40 CFR part 50, Appendix R. The 

monitoring data evaluated for the Lyons 

Area corresponds to the 36 3-month 

means collected during the thirty-eight 

(38) months from November 2010 to 

December 2013, which is the most 

recent certified, quality-assured, qualitycontrolled data available for the Area. 

Table 1 shows the 2011–2013 lead 

design values for the Lyons Area 

monitors, which are based on 36 3- 

month means for this 3-year period. 

TABLE 1—2011–2013 DESIGN VALUES FOR LYONS AREA MONITORS

Site name AQS site ID 

2011–2013 

Design values 

(μg/m3) 

Lyons Boro ............................................................................................................................................................... 42–011–0021 * 0.05 

Lyons Park ............................................................................................................................................................... 42–011–0022 0.04 

* The design value for Lyons Boro includes incomplete data for one 3-month period in 2011 and one 3-month period in 2012. EPA has deemed 

data for these incomplete 3-month periods valid for computing the site’s design value. Further explanation is provided in the TSD for this proposed rulemaking action. 

Consistent with the requirements 

contained in 40 CFR part 50, EPA’s 

review of these data indicates that the 

Lyons nonattainment area has attained 

the 2008 Pb NAAQS, with a 2011–2013 

design value of 0.05 mg/m3 for the Area. 

Additional information on EPA’s 

evaluation of the 2008 Pb NAAQS air 

quality data for the Lyons Area can be 

found in the TSD for this rulemaking 

action. 

VII. Proposed Action 

EPA is proposing to determine that 

the Lyons nonattainment area for the 

2008 Pb NAAQS has attained the 2008 

Pb NAAQS. EPA has reviewed the 

ambient air monitoring data for Pb, 

consistent with the requirements 

contained in 40 CFR part 50 and 

recorded in the EPA Air Quality System 

database for the Lyons Pb 

nonattainment area. 

If EPA finalizes this proposed 

determination of attainment, the 

requirements for the Lyons Area to 

submit an attainment demonstration, 

associated RACM, an RFP, contingency 

measures and other planning 

requirements related to attainment of 

the standard shall be suspended for so 

long as the Lyons area continues to 

attain the 2008 Pb NAAQS. 

VIII. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 


emcdonald on DSK67QTVN1PROD with PROPOSALS
46214 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Proposed Rules 

• 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, this proposed 

determination of attainment for the 

Lyons Area for the 2008 Pb NAAQS 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIP is not approved to apply in 

Indian country located in the state, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Lead, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 25, 2014. 

William C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2014–18740 Filed 8–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 130904784–4633–01] 

RIN 0648–BD67 

Fisheries Off West Coast States; List 

of Authorized Fisheries and Gear 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: Through this action, NOAA 

proposes to update the Federal list of 

authorized fisheries and gear issued 

under section 305(a) of the MagnusonStevens Fishery Conservation and 

Management Act (‘‘List of Fisheries’’). 

The List of Fisheries includes a 

description of fisheries that operate in 

the U.S. West Coast Exclusive Economic 

Zone (EEZ), the Pacific Fishery 

Management Council’s (Council’s) 

geographic area of authority. This action 

is necessary because the current list is 

outdated and either includes several 

fisheries that no longer occur, or does 

not include fisheries that do occur, 

within the U.S. West Coast EEZ. The 

intended effect of this rule is to bring 

the list up to date with current West 

Coast fisheries and fishery management 

plans (FMPs). 

DATES: Comments on this proposed rule 

must be received on or before 

September 8, 2014. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0069, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0069, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; Attn: Yvonne 

deReynier. 

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, etc.), 

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). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Yvonne deReynier, 206–526–6129; (fax) 

206–526–6736; Yvonne.deReynier@

noaa.gov. Joshua Lindsay, 562–980– 

4034; 562–980–4047; Joshua.Lindsay@

noaa.gov. 

SUPPLEMENTARY INFORMATION: Section 

305(a) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA) requires that the Secretary of 

Commerce maintain a list of all fisheries 

operating in the U.S. EEZ and all fishing 

gear used in such fisheries (16 U.S.C. 

1855(a)). This section of the MSA 

further prohibits any person or vessel 

from employing fishing gear or engaging 

in a fishery not included on the List of 

Fisheries ‘‘without giving 90 days 

advance written notice to the 

appropriate Council.’’ Fishery 

management councils are authorized to 

submit changes to the list to the 

Secretary of Commerce as each council 

deems appropriate, after which the 

Secretary must publish a revised list 

after providing notice of the changes to 

the public and after providing an 

opportunity for public comment on 

those changes (16 U.S.C. 1855(a)(4)). 

These requirements became part of the 

MSA with the enactment of the 1996 

Sustainable Fisheries Act and are 

implemented in Federal regulation at 50 

CFR 600.725(v) and § 600.747. The 

regional lists in 50 CFR 600.725(v) 

include not just fisheries that are 

managed under Federal fishery 

management plans (FMPs), but also 

state-managed fisheries that may occur 

within the Federal waters. 

From 2010–2013, the Council and its 

advisory bodies worked on a new 

Fishery Ecosystem Plan (FEP), which 

the Council finalized in April 2013. 

During its FEP discussions, the Council 

reviewed all of the fisheries occurring 

within the West Coast EEZ and 

determined that it needed to closely 

review and update the List of Fisheries 

at 50 CFR 600.725(v), Section VI, which 

lists fisheries that occur within the U.S. 

West Coast EEZ. The Council has not 

updated its section of the list since 1999 

(64 FR 40781, July 28, 1999). At its 

September 2013 meeting, the Council 

finalized recommendations to NMFS for 

updating its section of the List of 

Fisheries to ensure that it accurately 

reflects gear currently used in West 

Coast fisheries. On October 1, 2013, the 

Council transmitted its recommended 

revisions to the List of Fisheries to 

NMFS. With this notice, NMFS 

proposes to amend Federal regulations 

in accordance with the Council’s 

recommendations, with no additional 

changes or edits. 

The changes to the List of Fisheries 

proposed via this action primarily 

reflect the Council’s 1997 conversion 

and expansion of the Northern Anchovy 

FMP to a Coastal Pelagic Species FMP 

and 2003 adoption of a Highly 

Migratory Species FMP, both of which 

shifted several species from state to 


emcdonald on DSK67QTVN1PROD with PROPOSALS