5140 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations 

periods and any changes through 

broadcast notice to mariners. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Pittsburgh. 

(2) Persons or vessels requiring entry 

into or passage through a safety zone 

must request permission from the 

Captain of the Port Pittsburgh or a 

designated representative. They may be 

contacted on VHF–FM Channel 13 or 

16, or through Coast Guard Sector Ohio 

Valley at 1–800–253–7465. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Pittsburgh and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel includes 

Commissioned, Warrant, and Petty 

Officers of the U.S. Coast Guard. 

Dated: January 8, 2013. 

Lindsay N. Weaver, 

Commander, U.S. Coast Guard, Captain of 

the Port, Pittsburgh. 

[FR Doc. 2013–01412 Filed 1–23–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–1025, FRL–9762–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Revisions to New Source 

Review Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve revisions adopted by the State 

of Colorado on December 15, 2005, to 

Regulation No. 3 (Air Pollutant 

Emission Notice and Permitting 

Requirements). Colorado submitted the 

request for approval of these rule 

revisions into the State Implementation 

Plan (SIP) on August 21, 2006. The 

revisions remove repealed provisions in 

Regulation No. 3 that pertain to the 

issuance of Colorado air quality permits; 

the revisions also implement other 

minor administrative changes and 

renumbering. The intended effect of this 

action is to take final action to approve 

the rules that are consistent with the 

Clean Air Act (CAA.) This action is 

being taken under section 110 of the 

CAA. 

DATES: This final rule is effective 

February 25, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–1025. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests you contact 

the individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Response to Comments 

III. What are the changes EPA is taking final 

action to approve? 

IV. What action is EPA taking today? 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Colorado 

mean the State of Colorado, unless the 

context indicates otherwise. 

I. Background Information 

On December 31, 2002, EPA 

published revisions to the federal 

Prevention of Significant Deterioration 

(PSD) and non-attainment NSR 

regulations. These revisions are 

commonly referred to as ‘‘NSR Reform’’ 

and became effective nationally in areas 

not covered by a SIP on March 3, 2003. 

The NSR Reform revisions included 

provisions for baseline emissions 

determinations, actual-to-future actual 

methodology, plantwide applicability 

limits (PALs), clean units, and pollution 

control projects (PCPs). On June 24, 

2005, the United States Court of 

Appeals for the District of Columbia 

Circuit issued its decision and opinion 

in the case of New York v. U. S. 

Environmental Protection Agency, 413 

F.3d 3 (D.C. Cir. 2005). The court 

concluded that, regarding the clean unit 

exemption from NSR, the plain language 

of the Clean Air Act indicated that 

Congress intended to apply NSR to 

changes that increase actual emissions 

instead of potential or allowable 

emissions. As a result, the court vacated 

the clean units portions of the Federal 

Rule. The court also concluded that EPA 

lacks the authority to create pollution 

control project exemptions from NSR 

and vacated the PCP portions of both 

the 1992 WEPCO Rule and the 2002 

NSR Reform rule. By vacating those 

portions of the Federal NSR rule, the 

court terminated those exemptions to 

new source review. The court also 

remanded back to EPA the ‘‘reasonable 

possibility’’ standard for when a source 

must keep certain project related 

records. 

The State of Colorado submitted a 

formal SIP revision on July 11, 2005, 

followed by a supplemental submittal 

on October 25, 2005. These submittals 

requested approval for regulations to 

implement the NSR Reform provisions 

that were not vacated or remanded by 

the June 24, 2005 court decision; 

including renumbering, reorganizing, 

and revised definitions. On April 10, 

2012 (77 FR 21453), EPA published a 

notice of final rulemaking for the July 

11, 2005, and October 25, 2005 

submittals. In that action, EPA approved 

renumbering, reorganizing and portions 

of Colorado’s revisions to the Stationary 

Source Permitting and Air Pollutant 

Emission Notice Requirements 

(Regulation No. 3) that incorporate 

EPA’s December 31, 2002 NSR Reform; 

however, EPA considered as withdrawn 

the portions of the submittals that 

implemented the clean unit and 

pollution control project exemptions. 

EPA also approved a version of the 

recordkeeping requirements that 

removed the ‘‘reasonable possibility’’ 

standard. 

Colorado adopted revisions on 

December 15, 2005, and submitted these 

revisions, which we are addressing in 

this action, on August 21, 2006. These 

revisions reflect the removal of 

references to clean units, pollution 

control projects, and the ‘‘reasonable 

possibility’’ standard from the State’s 

rules. As a result of the deletion of these 

references, many provisions were 

renumbered and references to them 


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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations 5141 

1The provisions approved in our January 9, 2012 

action are Regulation Number 3, Part C, Sections 

II.A.22.a, II.A.24.d, II.A.38.c, and II.A.42.a. Also, in 

our proposal for this action we proposed to delete 

Part A, Sections V.E.10 and V.E.11, and Part C, 

Section I.A.7.j from the SIP. However, these 

provisions were never approved into the SIP so 

deletion of them is unnecessary. The deletion of 

Part A, Sections V.E.10 and V.E.11 did not cause 

any renumbering; however, the deletion of Part C, 

Section I.A.7.j did cause renumbering and we are 

approving the renumbered sections. 

updated. The submittal also included 

other minor administrative changes to 

Regulation No. 3. 

Colorado’s August 21, 2006 submittal 

supersedes the portions of the 

Colorado’s July 11, 2005 and October 

25, 2005, submittals which were 

considered withdrawn in our April 10, 

2012 action. EPA is taking final action 

on these revisions in this rulemaking. 

II. Response to Comments 

EPA proposed action on these 

revisions on July 9, 2012 (77 FR 40315.) 

We accepted comments from the public 

on this proposal through August 8, 

2012. EPA received no comments 

during the public comment period. 

III. What are the changes EPA is taking 

final action to approve? 

EPA is taking final action to approve 

all revisions to Regulation No. 3 as 

submitted on August 21, 2006, with one 

exception, including renumbering that 

resulted from removing provisions that 

were vacated or remanded in the June 

24, 2005 court decision, as well as 

minor administrative changes. We are 

not approving the removal of provisions 

that were considered withdrawn in our 

April 10, 2012 action (77 FR 21453), as 

these provisions were never approved 

into the SIP. We are only approving the 

renumbering that resulted from 

Colorado’s removal of those provisions 

from Regulation Number 3. In a number 

of instances, the provisions that were 

approved in our April 10, 2012 action 

contain italicized and underlined text. 

As explained in our April 10, 2012 

notice, the italicized text was to be 

added to the SIP and the underlined text 

removed from the SIP upon our 

approval of the NSR reform provisions. 

As that approval was completed in our 

April 10, 2012 action, in this action we 

incorporate only the plain and italicized 

text of the renumbered provisions. 

The exception stems from a final 

action EPA took on January 9, 2012 (77 

FR 1027). In that action, we approved 

revisions to Regulation Number 3, Part 

C, that were submitted on August 1, 

2007 to meet the requirements of the 

Phase 2 Implementation Rule for the 

1997 ozone NAAQs (70 FR 71612, Nov. 

29, 2005). As the August 1, 2007 

submittal was subsequent to the August 

21, 2006 submittal we are approving 

today, the provisions we approved in 

our January 9, 2012 action (listed in 

Table 2 of 77 FR 1027) already reflect 

the renumbering of Part C and 

supersede the provisions in the August 

21, 2006 submittal. As explained in our 

January 9, 2012 notice, the subsequent 

approval of the remaining renumbering 

of Part C—which we are carrying out 

today—resolves any discrepancy in the 

numbering of Part C. 

As part of the NSR Reform rule, EPA 

allowed sources to calculate their actual 

and projected actual emissions to 

determine whether a modification will 

trigger NSR. If a source concludes that 

there is no ‘‘reasonable possibility’’ that 

emissions from a project will trigger 

NSR, the source is not required to keep 

records substantiating that calculation. 

However, the data and records would 

necessarily be generated by the owner or 

operator to calculate its emissions. 

Colorado did not follow the federal 

rule in this regard. In Section I.B.5., 

Colorado imposes a requirement that 

owners or operators using the actual-toprojected-actual applicability test for a 

project that requires a minor source 

permit or modification [pursuant to Part 

A, Section I.B.26.; Part C, Section I.A.3.; 

or Part C, Section X.; or any minor 

source permit under any provisions of 

Part B], submit an otherwise-required 

permit application and include 

documentation adequate to substantiate 

calculations made for the test. 

The June 24, 2005, DC Circuit court 

opinion also addressed the 

recordkeeping and reporting 

requirements of the federal rule. The 

2002 rule excused a source from 

maintaining records of the information 

and calculations used in the actual-toprojected actual applicability test if the 

source determined that there was no 

‘‘reasonable possibility’’ that the 

modification would trigger NSR. These 

are the same records necessary to 

substantiate calculations made for the 

applicability test. The court concluded 

that lack of evidence, in the form of data 

and records, could inhibit enforceability 

of the NSR program in this context. The 

court remanded this part of the rule. On 

December 21, 2007, EPA published a 

final rule in response to the DC Circuit 

Court’s remand of the recordkeeping 

provisions of EPA’s 2002 NSR Reform 

Rules (see 72 FR 72607) in which EPA 

clarified what constitutes ‘‘reasonable 

possibility’’. 72 FR 72607 established a 

‘‘percentage increase trigger’’ by which 

there is a reasonable possibility that a 

change would result in a significant 

emissions increase if the projected 

emissions increase of a pollutant— 

determined by comparing baseline 

actual emissions to projected actual 

emissions—equaled or exceeded fifty 

percent of the applicable NSR 

significant level for that pollutant. 

The State of Colorado requires sources 

retain records that, among other things, 

are essential to substantiate sources’ 

calculations using the actual-toprojected-actual applicability test. 

Colorado also requires that a source 

submit its data and calculations along 

with a permit application that would 

otherwise be required for the physical or 

operational change. Colorado reviews 

the data and calculations only to 

confirm a source’s conclusions whether 

it triggers NSR. The information 

submitted is then included in a nonenforceable appendix to a source’s Title 

V Permit or as a permit note in the 

source’s construction permit. 

Accordingly, Colorado elected not to 

modify Part D, Section I.B.5. and to 

modify Part D, Sections V.A.7.c. and 

VI.B.5. in a manner that maintains 

consistency with Section I.B.5. Part D, 

Sections V.A.7.c. and VI.B.5 were 

previously approved in 77 FR 21453 

(April 10, 2012). EPA finds that the 

current Regulation No. 3 recordkeeping 

requirements are at least as stringent as 

in 72 FR 72607. 

IV. What action is EPA taking today? 

Based on the discussion in this notice, 

EPA finds that the renumbering 

resulting from Colorado’s removal of 

vacated and remanded provisions from 

the June 24, 2005, court decision, and 

other minor administrative changes 

meet applicable requirements of the Act; 

and thus, the revisions are approvable 

under CAA section 110. Therefore, we 

are taking final action to approve 

Colorado’s Regulation No. 3 revisions as 

submitted on August 21, 2006. 

Specifically, we are taking final action 

to approve the renumbering—with the 

exception of renumbered provisions 

already approved in our January 9, 2012 

action—resulting from the deletion of 

the following provisions:1

Part C, Section I.A.7.j 

Part D, Section II.A.23.d.(viii) 

Part D, Section II.A.27.c.(iv) 

Part D, Section II.A.27.g.(v) 

Part D, Section I.B.3. 

Part D, Section I.D. 

Part D, Section II.A.11. 

Part D, Section II.A.35. 

Part D, Section XV. 

Part D, Section XVI. 

We are approving the renumbering of 

the existing Regulation No. 3 rule 

because these changes are nonsubstantive and do not affect the 

meaning of the rule. The renumbering 


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5142 Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations 

changes are outlined in the August 21, 

2006 state submittal (see docket). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this final 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 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); 

• 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 Clean Air Act; 

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 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. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 25, 2013. 

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 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, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds, Incorporation by 

reference. 

Dated: November 27, 2012. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

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 G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(125) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(125) On August 21, 2006, the State of 

Colorado submitted revisions to 5 CCR 

1001–5, Regulation Number 3, Air 

Pollution Emission Notice and 

Permitting Requirements. The August 

21, 2006, submittal included 

renumbering and deletions of 

Regulation Number 3. The incorporation 

by reference in paragraphs (c)(125)(i)(A) 

and (B) of this section reflect the 

renumbered sections, deletions and 

reference changes as of the August 21, 

2006, submittal. 

(i) Incorporation by reference 

(A) 5 CCR 1001–5, Regulation Number 

3, Stationary Source Permitting and Air 

Contaminant Emission Notice 

Requirements, Part C, Concerning 

Operating Permits, Section I, 

Applicability, I.A., Definitions; I.A.7.j., 

adopted December 15, 2005 and 

effective March 2, 2006. 

(B) 5 CCR 1001–5, Regulation Number 

3, Stationary Source Permitting and Air 

Contaminant Emission Notice 

Requirements, Part D, Concerning Major 

Stationary Source New Source Review 

and Prevention of Significant 

Deterioration, adopted December 15, 

2005 and effective March 2, 2006: 

(1) Section I, Applicability, I.A., 

General Applicability; I.A.2., I.B., 

Applicability Tests; I.B.3., I.B.4. 

(2) Section II, Definitions; II.A.; 

II.A.1., Actual Emissions; II.A.1.d.; 

II.A.11., Complete; II.A.12., 

Construction; II.A.13., Emissions Unit; 

II.A.14., Electric Utility Steam 

Generating Unit; II.A.15., Federal Land 

Manager (FLM); II.A.16., High Terrain; 

II.A.17., Hydrocarbon combustion flare; 

II.A.18., Innovative Control Technology; 

II.A.19., Low Terrain; II.A.20., Lowest 

Achievable Emission Rates (LAER) 

(excluding underlined text); II.A.21., 

Major Emissions Unit; II.A.22., Major 

Modification (excluding II.A.22.a. and 

underlined text); II.A.23., Major Source 

Baseline Date; II.A.24., Major Stationary 

Source (excluding II.A.24.d. and 

underlined text); II.A.25., Minor Source 

Baseline Date; II.A.26., Net Emissions 

Increase (excluding underlined text); 

II.A.27., Nonattainment Major New 

Source Review (NSR) Program; II.A.28., 

PAL Effective Date; II.A.29., PAL 

Effective Period; II.A.30., PAL Major 

Modification; II.A.31., PAL Permit; 

II.A.32., PAL Pollutant; II.A.33., 

Plantwide Applicability Limitation 

(PAL); II.A.34., Prevention of Significant 

Deterioration (PSD) Permit; II.A.35., 

Project; II.A.36., Projected Actual 

Emissions; II.A.37., Reactivation of Very 

Clean Coal-fired Electric Utility Steam 

Generating Unit; II.A.38., Regulated 


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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Rules and Regulations 5143 

NSR Pollutant (excluding II.A.38.c.); 

II.A.39., Replacement Unit; II.A.40., 

Repowering (excluding underlined text); 

II.A.41., Secondary Emissions; II.A.42., 

Significant (excluding II.A.42.a.) ; 

II.A.43., Significant Emissions Increase; 

II.A.44., Significant Emissions Unit; 

II.A.45., Small Emissions Unit; II.A.46., 

Temporary Clean Coal Technology 

Demonstration Project; XV., Actual 

PALs. 

(ii) Additional material. 

(A) Notice of Final Adoption, dated 

12/15/2005, signed by Douglas A. 

Lempke, Administrator, for revisions 

made to Regulation Number 3, Air 

Pollution Emission Notice and 

Permitting Requirements. 

[FR Doc. 2013–00579 Filed 1–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2102–02] 

RIN 0648–XC441 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pollock in the Bering Sea and Aleutian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS is reallocating the 

projected unused amounts of the Aleut 

Corporation’s and the Community 

Development Quota pollock directed 

fishing allowances from the Aleutian 

Islands subarea to the Bering Sea 

subarea directed fisheries. These actions 

are necessary to provide opportunity for 

harvest of the 2013 total allowable catch 

of pollock, consistent with the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 24, 2013, until the 

effective date of the final 2013 and 2014 

harvest specifications for Bering Sea and 

Aleutian Islands (BSAI) groundfish, 

unless otherwise modified or 

superseded through publication of a 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 (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. 

In the Aleutian Islands subarea, the 

portion of the 2013 pollock total 

allowable catch (TAC) allocated to the 

Aleut Corporation’s directed fishing 

allowance (DFA) is 15,500 metric tons 

(mt) and the Community Development 

Quota (CDQ) DFA is 1,900 mt as 

established by the final 2012 and 2013 

harvest specifications for groundfish in 

the BSAI (77 FR 10669, February 23, 

2012), and as adjusted by an inseason 

adjustment (78 FR 270, January 3, 2013). 

As of January 17, 2013, the 

Administrator, Alaska Region, NMFS, 

(Regional Administrator) has 

determined that 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ DFA in the Aleutian 

Islands subarea will not be harvested. 

Therefore, in accordance with 

§ 679.20(a)(5)(iii)(B)(4), NMFS 

reallocates 10,500 mt of Aleut 

Corporation’s DFA and 1,900 mt of 

pollock CDQ DFA from the Aleutian 

Islands subarea to the 2013 Bering Sea 

subarea allocations. The 1,900 mt of 

pollock CDQ DFA is added to the 2013 

Bering Sea CDQ DFA. The remaining 

10,500 mt of pollock is apportioned to 

the AFA Inshore sector (50 percent), 

AFA catcher/processor sector (40 

percent), and the AFA mothership 

sector (10 percent). The 2013 Bering Sea 

subarea pollock incidental catch 

allowance remains at 33,699 mt. As a 

result, the harvest specifications for 

pollock in the Aleutian Islands subarea 

included in the final 2012 and 2013 

harvest specifications for groundfish in 

the BSAI (77 FR 10669, February 23, 

2012) are revised as follows: 5,000 mt to 

Aleut Corporation’s DFA and 0 mt to 

CDQ DFA. Furthermore, pursuant to 

§ 679.20(a)(5), Table 3 of the final 2012 

and 2013 harvest specifications for 

groundfish in the BSAI (77 FR 10669, 

February 23, 2012), as adjusted by the 

inseason adjustment (78 FR 270, January 

3, 2013), is revised to make 2013 

pollock allocations consistent with this 

reallocation. This reallocation results in 

adjustments to the 2013 Aleut 

Corporation and CDQ pollock 

allocations established at § 679.20(a)(5). 

TABLE 3—FINAL 2012 AND 2013 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE

CDQ DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 2012 

Allocations 

2012 A season 1 2012 B 

season 1 2013 

Allocations 

2013 A season 1 2013 

B season 1

A season DFA SCA harvest 

limit 2 B season DFA A season DFA SCA harvest limit 2 B season DFA 

Bering Sea subarea .......... 1,212,400 n/a n/a n/a 1,259,400 n/a n/a n/a 

CDQ DFA .......................... 121,900 48,760 34,132 73,140 126,600 50,640 35,448 75,960 

ICA1 .................................. 32,400 n/a n/a n/a 33,699 n/a n/a n/a 

AFA Inshore ...................... 529,050 211,620 148,134 317,430 549,551 219,820 153,874 329,730 

AFA Catcher/Processors 3 423,240 169,296 118,507 253,944 439,640 175,856 123,099 263,784 

Catch by C/Ps ................... 387,265 154,906 n/a 232,359 402,271 160,908 n/a 241,363 

Catch by CVs 3 .................. 35,975 14,390 n/a 21,585 37,369 14,948 n/a 22,422 

Unlisted C/P Limit 4 ........... 2,116 846 n/a 1,270 2,198 879 n/a 1,319 

AFA Motherships ............... 105,810 42,324 29,627 63,486 109,910 43,964 30,775 65,946 

Excessive Harvesting 

Limit 5 ............................. 185,168 n/a n/a n/a 192,343 n/a n/a n/a 

Excessive Processing 

Limit 6 ............................. 317,430 n/a n/a n/a 329,730 n/a n/a n/a 

Total Bering Sea DFA ....... 1,058,100 423,240 296,268 634,860 1,099,101 439,640 307,748 659,461 

Aleutian Islands subarea1 6,600 n/a n/a n/a 6,600 n/a n/a n/a 

CDQ DFA .......................... 0 0 n/a 0 0 0 n/a 0 

ICA .................................... 1,600 800 n/a 800 1,600 800 n/a 800 


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