Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65107 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

C. Unfunded Mandates Reform Act and 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Because this action approves and 

codifies pre-existing requirements under 

state law and does not impose any 

additional enforceable duty beyond that 

required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1531–1538). For the same 

reason, this action also does not 

significantly or uniquely affect the 

communities of tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

D. Executive Order 13132: Federalism 

This action will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

Aug. 10, 1999), because it merely 

approves and codifies state 

requirements as part of the State RCRA 

Underground Storage Tank Program 

without altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

E. Executive Order 13045: Protection of 

Children from Environmental Health 

and Safety Risks 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

Apr. 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. 

F. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

G. National Technology Transfer and 

Advancement Act 

Under RCRA section 9004(b), the EPA 

grants a state’s application for approval 

as long as the state meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a state approval 

application, to require the use of any 

particular voluntary consensus standard 

in place of another standard that 

otherwise satisfies the requirements of 

RCRA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

H. Executive Order 12988: Civil Justice 

Reform 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, the EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

I. Executive Order 12630: Governmental 

actions and interference with 

constitutionally protected property 

rights 

The EPA has complied with Executive 

Order 12630 (53 FR 8859, Mar. 15, 1988) 

by examining the takings implications 

of the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

J. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629, 

Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule approves pre-existing 

state rules which are at least equivalent 

to, consistent with, and no less stringent 

than existing federal requirements, and 

imposes no additional requirements 

beyond those imposed by state law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898. 

L. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801–808, generally provides that 

before a rule may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

However, this action will be effective 

March 15, 2019, because it is a direct 

final rule. 

Authority: This rule is issued under the 

authority of Sections 2002(a), 7004(b), and 

9004, 9005 and 9006 of the Solid Waste 

Disposal Act, as amended, 42 U.S.C. 6912(a), 

6974(b), and 6991c, 6991d, and 6991e. 

List of Subjects in 40 CFR Part 281 

Environmental protection, 

Administrative practice and procedure, 

Hazardous substances, State program 

approval, and Underground storage 

tanks. 

Dated: December 13, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–27420 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG467 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 Feet 

(18.3 Meters) Length Overall Using 

Hook-and-Line or Pot Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 


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65108 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2018 Pacific cod total allowable 

catch allocated to catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), December 15, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 2018 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear in the BSAI is 

8,748 metric tons (mt) as established by 

the final 2018 and 2019 harvest 

specifications for groundfish in the 

BSAI (83 FR 8365, February 27, 2018), 

and reallocations (83 FR 2932, January 

22, 2018, 83 FR 42227, August 21, 2018, 

and 83 FR 56740, November 14, 2018). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2018 Pacific cod 

TAC allocated as a directed fishing 

allowance to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear in the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels less than 60 feet 

(18.3 m) LOA using hook-and-line or 

pot gear in the BSAI. While this closure 

is effective the maximum retainable 

amounts at § 679.20(e) and (f) apply at 

any time during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear 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 December 13, 2018. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: December 14, 2018. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–27439 Filed 12–14–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG676 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of Pacific cod 

total allowable catch (TAC) from catcher 

vessels using trawl gear to catcher 

vessels using hook-and-line gear, vessels 

using jig gear, and vessels using pot gear 

in the Western Regulatory Area of the 

Gulf of Alaska (GOA). This action is 

necessary to allow the 2018 TAC of 

Pacific cod in the Western Regulatory 

Area of the GOA to be harvested. 

DATES: Effective December 14, 2018 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2018 Pacific cod TAC 

apportioned to catcher vessels using 

trawl gear in the Western Regulatory 

Area of the GOA is 2,140 metric tons 

(mt), as established by the final 2018 

and 2019 harvest specifications for 

groundfish of the GOA (83 FR 8768, 

March 1, 2018). The Administrator, 

Alaska Region, NMFS, (Regional 

Administrator) has determined that 

catcher vessels using trawl gear will not 

be able to harvest 725 mt of the 2018 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(12)(i)(A)(3). 

In accordance with 

§ 679.20(a)(12)(ii)(B), the Regional 

Administrator has also determined that 

catcher vessels using hook-and-line 

gear, vessels using jig gear, and vessels 

using pot gear currently have the 

capacity to harvest this excess 

allocation. Therefore, NMFS apportions 

725 mt of Pacific cod from the trawl 

catcher vessel apportionment to catcher 

vessels using hook-and-line gear, vessels 

using jig gear, and vessels using pot gear 

in the Western Regulatory Area of the 

GOA. 

The harvest specifications for Pacific 

cod in the Western Regulatory Area of 

the GOA included in the final 2018 and 

2019 harvest specifications for 

groundfish of the GOA (83 FR 8768, 

March 1, 2018) are revised as follows: 

1,415 mt to catcher vessels using trawl 

gear, 85 mt to vessels using hook-andline gear, 125 mt to vessels using jig 

gear, and 2,795 mt to vessels using pot 

gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 


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