Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 65313 

In addition, this rule 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. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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. EPA will submit a 

report containing this action 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 of the rule 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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 19, 2019. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action to 

approve Pennsylvania’s request for 

removal of summertime low RVP 

gasoline requirements from the SIP may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 10, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

§ 52.2020 [Amended] 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by removing the 

heading and entries for ‘‘Subchapter C— 

Gasoline Volatility Requirements’’ 

under Title 25, Chapter 126 Standard for 

Motor Fuels. 

[FR Doc. 2018–27481 Filed 12–19–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 180807736–8999–02] 

RIN 0648–BI41 

Fisheries of the Northeastern United 

States; Framework Adjustment 12 to 

the Atlantic Mackerel, Squid, and 

Butterfish Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements Framework Adjustment 12 

to the Atlantic Mackerel, Squid, and 

Butterfish Fishery Management Plan. 

This rule allows the possession of 

Atlantic mackerel after of the domestic 

annual harvest is projected to be caught 

instead of prohibiting the possession of 

Atlantic mackerel for the rest of the 

calendar year. This final rule 

implements this measure because it is 

necessary to prevent unintended 

negative economic impacts to other 

fisheries, such as Atlantic herring. 

DATES: This rule is effective December 

20, 2018. 

ADDRESSES: The Mid-Atlantic Fishery 

Management Council (Council) 

prepared a supplemental environmental 

assessment (SEA) for Framework 

Adjustment 12 that describes the 

Council’s preferred management 

measure and other alternatives 

considered and provides a thorough 

analysis of the impacts of the all 

alternatives considered. Copies of the 

Framework 12 SEA and the preliminary 

Regulatory Impact Review (RIR) analysis 

are available from: Christopher Moore, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 State Street, Dover, DE 19901. The 

SEA/RIR is accessible via the internet at 

http://www.greater

atlantic.fisheries.noaa.gov/ or http://

www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Alyson Pitts, Fishery Management 

Specialist, (978) 281–9352, 

alyson.pitts@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 5, 2018, the Council adopted 

a final measure under Framework 

Adjustment 12 to the Atlantic Mackerel, 

Squid, and Butterfish (MSB) Fishery 

Management Plan (FMP). On August 17, 

2018, the Council submitted the 

framework and draft SEA to NMFS for 

preliminary review, with final 

submission on October 18, 2018. NMFS 

published a proposed rule that included 

implementing regulations on October 3, 

2018 (83 FR 50059). The public 

comment period for the proposed rule 

ended on October 19, 2018. 

The Council developed Framework 

Adjustment 12 and the measure 

described in the proposed rule under 

the discretionary provision specified in 

section 303(b)(12) of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) (16 U.S.C. 1801, et seq.; 

1853(b)(12)). The objective of this action 

is to change to possession limits when 

100 percent of the domestic annual 

harvest (DAH) is landed, from zero 

possession to 5,000 lb (2,268 kg). The 

primary purpose of this action is to 

avoid adverse economic impacts to the 

commercial fishing industry once the 

DAH is projected to be harvested. 

Details concerning the development of 

these measures are contained in the SEA 

prepared for this action and 

summarized in the preamble of the 

proposed rule, therefore they are not 

repeated here. 

Approved Measure 

The approved measure will allow the 

possession of up to 5,000 lb (2,268 kg) 

of Atlantic mackerel after 100 percent of 

the DAH has been projected to be 

harvested for the remainder of the 2018 

fishing year and moving forward. 

Current regulations prohibit the 

possession of Atlantic mackerel after 

100 percent of the DAH is harvested. 

Comments and Responses 

NMFS received four comments on 

this action, one was unrelated to the 


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65314 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 

action, and is not addressed here. One 

was in favor of the proposed action and 

two were in opposition to this action. 

Comment 1: One individual 

commented that quotas have been large 

and that there is no reason to increase 

the quota. 

Response: Framework 12 does not 

increase the annual quota for Atlantic 

mackerel. This action allows for a small 

possession limit of Atlantic mackerel 

after the DAH has been caught. We do 

not expect this action will result in an 

overage of the ACL. Atlantic mackerel 

quotas have been greatly reduced since 

2010. The Atlantic mackerel acceptable 

biological catch (ABC) was reduced by 

70 percent from 2010 (156,000 mt) to 

2011 (47,395 mt) and the 2016 ABC 

(19,898 mt) dropped by 87 percent 

compared to 2010 (156,000 mt). 

Comment 2: One individual 

commented in support of this action 

because it would provide economic 

benefits for the industry. The 

commenter raised concern that over 

harvesting could result in a deduction of 

quota from the following fishing year, 

even though the 5,000 lb (2,268 kg) 

possession limit is smaller compared to 

the current possession limit of 20,000 lb 

(9.08 mt). 

Response: NMFS agrees that approval 

of this action will provide economic 

opportunities for the commercial fishing 

industry in the region. While there is 

potential for an over harvest of the DAH, 

there are additional accountability 

measures that would deduct an overage 

from the DAH in the following year, as 

required under § 648.24(b)(2) and (3). 

There is also a 10-percent uncertainty 

buffer of 2.2 million lb (997 mt) in the 

current specifications. Council staff 

have projected that even if 100 percent 

of the DAH is harvested, only about 17 

percent (374,000 lb, 169 mt) of the 

management uncertainty buffer would 

be landed with a 5,000 lb (2,268 kg) 

possession limit. This action is not 

expected to compromise conservation 

while maintaining economic 

opportunities for fishing communities. 

Comment 3: One industry participant 

expressed opposition to Framework 12, 

as the current measure has been set to 

prohibit the possession of mackerel 

when 100 percent of the DAH is 

harvested in order not to exceed the 

management uncertainty buffer. The 

commenter said that the uncertainty 

buffer was meant for uncertainty in 

biomass and for food to be set aside for 

predators. The commenter also 

suggested that NMFS should shift quota 

from the Tier 1 and 2 permit category, 

if this measure is intended for smaller 

commercial fishing entities, in order to 

prevent further overfishing. The 

commenter also claimed that Atlantic 

mackerel, river herring, and shad are 

overfished, and Framework 12 does not 

improve chances for the fishery to 

rebuild. 

Response: The 10-percent 

management uncertainty buffer was 

designed because of the high volume 

nature of the fishery. The management 

uncertainty buffer is utilized in the 

event that the Regional Administrator 

does not close the commercial mackerel 

fishery in time. Because of this, this 

action is not expected to compromise 

conservation or result in overfishing. If 

there is an over harvest of the DAH, 

there are additional accountability 

measures that would deduct an overage 

from the DAH in the following year, as 

required under § 648.24(b)(2) and (3). 

The 10 percent uncertainty buffer is 2.2 

million lb (997 mt) and Council staff 

have projected that even if 100 percent 

of the DAH is harvested, only about 17 

percent of the management uncertainty 

buffer would be landed. 

The tiered permit system allows 

vessels to possess a certain amount of 

mackerel based on permit category, not 

quota allocation. There is no quota 

allocation in the Atlantic mackerel 

fishery. The stock is managed by an 

annual quota and monitored as a whole. 

Therefore, it is not possible to ‘‘shift’’ 

quota among permit categories. The 

implementation of Framework 12 may 

result in more mackerel catch and the 

potential for more river herring and 

shad catch. However, it does not 

address the catch caps that control 

bycatch of river herring and shad in the 

mackerel fishery. This action is not 

expected to compromise conservation of 

these species, as the caps will continue 

to limit bycatch. 

Corrections 

The proposed rule included a 

correction to § 648.14(g)(2)(ii)(D). 

However, the correction to that 

regulation has already been made in a 

final rule to implement Amendment 20 

to the Atlantic Mackerel, Squid, and 

Butterfish FMP (December 14, 2018; 83 

FR 64257). Therefore, this correction is 

no longer necessary as part of the 

current rulemaking. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the Assistant 

Administrator has determined that this 

final rule is consistent with Framework 

Adjustment 12, other provisions of the 

Magnuson-Stevens Act, and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Because this rule relieves a restriction 

by lifting the prohibition of the 

possession of Atlantic mackerel after the 

DAH has been caught, it is not subject 

to the 30-day delayed effectiveness 

provision of the APA pursuant to 5 

U.S.C. 553(d)(1). Data and other 

information indicate that 100 percent of 

the 2018 DAH quota may be landed 

before the end of the fishing year. 

Landings data are updated on a weekly 

basis, and NMFS monitors catch data on 

a daily basis as catch increases toward 

the limit. The high-volume nature of 

this fishery, and other fisheries that 

cannot avoid mackerel, such as Atlantic 

herring, increase catch quickly relative 

to the quota. If implementation of this 

action is delayed, the quota for the 2018 

fishing year may be exceeded, thereby 

prohibiting the possession on Atlantic 

mackerel, under the current regulations 

found at § 648.24(b)(1)(i), which would 

hinder the prosecution of fisheries 

unnecessarily in light of the current 

rulemaking. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received that would 

change the certification that this action 

will not have a significant economic 

impact on a substantial number of small 

entities regarding this certification. As a 

result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: December 14, 2018. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is to be 

amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

§ 648.14 [Amended] 

■ 2. In § 648.14, remove and reserve 

paragraph (g)(2)(ii)(F). 


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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 65315 

■ 3. In § 648.24, revise paragraph 

(b)(1)(i) to read as follows: 

§ 648.24 Fishery closures and 

accountability measures. 

* * * * * 

(b) * * * 

(1)(i) Mackerel commercial sector EEZ 

closure. NMFS will close the 

commercial Atlantic mackerel fishery in 

the EEZ when the Regional 

Administrator projects that 95 percent 

of the Atlantic mackerel DAH is 

harvested if such a closure is necessary 

to prevent the DAH from being 

exceeded. The closure of the 

commercial fishery shall be in effect for 

the remainder of that fishing year, with 

incidental catches allowed as specified 

in § 648.26. When the Regional 

Administrator projects that 100 percent 

of the Atlantic mackerel DAH will be 

landed, NMFS will reduce the 

possession of Atlantic mackerel in the 

EEZ for the remainder of the fishing 

year to the amount specified in 

§ 648.26(a)(2)(ii). 

* * * * * 

■ 4. In § 648.26, revise paragraphs (a)(1) 

introductory text and (a)(2) to read as 

follows: 

§ 648.26 Mackerel, squid, and butterfish 

possession restrictions. 

(a) * * * 

(1) Initial possession limits. A vessel 

must be issued a valid limited access 

mackerel permit to fish for, possess, or 

land more than 20,000 lb (9.08 mt) of 

Atlantic mackerel from or in the EEZ 

per trip, provided that the fishery has 

not been closed, as specified in 

§ 648.24(b)(1). 

* * * * * 

(2) Closure possession restrictions—(i) 

Limited access fishery. During a closure 

of the commercial Atlantic mackerel 

fishery pursuant to § 648.24(b)(1)(i), 

when 95 percent of the DAH is 

harvested, vessels issued a limited 

access Atlantic mackerel permit may not 

take and retain, possess, or land more 

than 20,000 lb (9.08 mt) of Atlantic 

mackerel per trip at any time, and may 

only land Atlantic mackerel once on any 

calendar day, which is defined as the 

24-hr period beginning at 0001 hours 

and ending at 2400 hours. Pursuant to 

§ 648.24(b)(1)(ii), when 90 percent of the 

Tier 3 allocation is harvested, vessels 

issued a Tier 3 limited access Atlantic 

mackerel permit may not take and 

retain, possess, or land more than 

20,000 lb (9.08 mt) of Atlantic mackerel 

per trip at any time, and may only land 

Atlantic mackerel once on any calendar 

day, which is defined as the 24-hr 

period beginning at 0001 hours and 

ending at 2400 hours 

(ii) Entire commercial fishery. During 

a closure of the directed commercial 

Atlantic mackerel fishery pursuant to 

§ 648.24(b)(1)(i), when 100 percent of 

the DAH is harvested, vessels issued an 

open or limited access Atlantic 

mackerel permit may not take and 

retain, possess, or land more than 5,000 

lb (2.26 mt) of Atlantic mackerel per trip 

at any time, and may only land Atlantic 

mackerel once on any calendar day, 

which is defined as the 24-hr period 

beginning at 0001 hours and ending at 

2400 hours. 

* * * * * 

[FR Doc. 2018–27520 Filed 12–19–18; 8:45 am] 

BILLING CODE 3510–22–P 


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