44296 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

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 October 27, 2009. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 13, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(361)(i)(B) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(361) * * * 

(i) * * * 

(B) Antelope Valley Air Quality 

Management District 

(1) Rule 1173, ‘‘Fugitive Emissions of 

Volatile Organic Compounds,’’ adopted 

July 7, 1989 and amended June 17, 

2008. 

* * * * * 

[FR Doc. E9–20827 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XQ90 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment and quota 

transfer. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the September, October-November, and 

December time periods of the 2009 

fishing year, based on consideration of 

the determination criteria regarding 

inseason adjustments. This action 

applies to Atlantic Tunas General 

category permitted vessels and Highly 

Migratory Species Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). NMFS 

has also determined that a quota transfer 

to allow continued fishing in the 

Harpoon category is appropriate, and 

therefore transfers 25 metric tons (mt) 

from the Reserve to the Harpoon 

category for the remainder of the 2009 

fishing year. This action applies to 

Atlantic Tunas Harpoon category 

permitted vessels. 

DATES: The effective dates for the 

adjusted BFT daily retention limits are 

September 1, 2009, through December 

31, 2009. The quota transfer to the 

Harpoon category is effective August 28, 

2009, through November 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 


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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44297 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the Consolidated Highly 

Migratory Species Fishery Management 

Plan (Consolidated HMS FMP). The 

latest (2008) ICCAT recommendation for 

western Atlantic BFT included a U.S. 

quota of 1,034.9 mt for 2009. 

The 2009 fishing year began on 

January 1, 2009, and ends December 31, 

2009. The General category fishery is 

open until December 31, 2009, or until 

the General category quota is reached. 

The Harpoon category fishery is open 

until November 15, 2009, or until the 

Harpoon category quota is reached. 

Adjustment of General Category Daily 

Retention Limit 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the daily 

retention limit of large medium and 

giant BFT over a range of zero to a 

maximum of three per vessel based on 

consideration of the criteria provided 

under § 635.27(a)(8), which include: the 

usefulness of information obtained from 

catches in the particular category for 

biological sampling and monitoring of 

the status of the stock; the catches of the 

particular category quota to date and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made; the 

projected ability of the vessels fishing 

under the particular category quota to 

harvest the additional amount of BFT 

before the end of the fishing year; the 

estimated amounts by which quotas for 

other gear categories of the fishery might 

be exceeded; effects of the adjustment 

on BFT rebuilding and overfishing; 

effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; variations in 

seasonal distribution, abundance, or 

migration patterns of BFT; effects of 

catch rates in one area precluding 

vessels in another area from having a 

reasonable opportunity to harvest a 

portion of the category’s quota; and a 

review of dealer reports, daily landing 

trends, and the availability of the BFT 

on the fishing grounds. 

NMFS published final specifications 

on June 1, 2009 (74 FR 26110), and 

increased the default General category 

daily retention limit of one large 

medium or giant BFT (measuring 73 

inches (185 cm) curved fork length 

(CFL) or greater) per vessel to three large 

medium or giant BFT per vessel for June 

1 through August 31, 2009. In addition, 

NMFS stated that it would consider 

adjustment of retention limits for future 

time periods, if warranted. 

As of July 31, 2009, 53.5 mt of the 

adjusted 2009 General category quota 

have been landed, and landings rates 

remain less than 1.0 mt per day. Starting 

on September 1, 2009, the General 

category daily retention limit, located at 

50 CFR 635.23(a)(2), is scheduled to 

revert back to the default daily retention 

limit of one large medium or giant BFT 

per vessel. This scheduled retention 

limit applies to General category 

permitted vessels and HMS Charter/ 

Headboat category permitted vessels 

(when fishing commercially for BFT). 

Each of the General category time 

periods (January, June-August, 

September, October-November, and 

December) is allocated a portion of the 

annual General category quota, thereby 

ensuring extended fishing opportunities 

in years when catch rates are high. In 

consideration of the rollover of unused 

quota from the January and June-August 

time periods, current catch rates, and 

the daily retention limit reverting to one 

large medium or giant BFT per vessel 

per day on September 1, 2009, NMFS 

anticipates the full 2009 fishing year 

General category quota will not be 

harvested. Increasing the daily retention 

limit from the default may mitigate 

rolling an excessive amount of unused 

quota from one time-period subquota to 

the subsequent time-period subquota. 

Excessive rollover is undesirable 

because it effectively changes the timeperiod subquota allocation percentages 

established in the Consolidated HMS 

FMP and may contribute to excessive 

carryovers to subsequent fishing years. 

NMFS has considered the set of 

criteria cited above and their 

applicability to the commercial BFT 

retention limit for the remainder of the 

2009 fishing year. Based on these 

considerations, NMFS has determined 

that the General category retention 

should be adjusted to allow for retention 

of the established General category 

quota. Therefore, NMFS increases the 

General category retention limit from 

the default limits effective September 1, 

2009, through December 31, 2009. 

Regardless of the duration of a fishing 

trip, the daily retention limit applies 

upon landing. For example, whether a 

vessel fishing under the General 

category limit takes a two-day trip or 

makes two trips in one day, the daily 

limit of three fish may not be exceeded 

upon landing. This General category 

retention limit is effective in all areas, 

except for the Gulf of Mexico, and 

applies to vessels permitted in the 

General category as well as to those 

HMS Charter/Headboat permitted 

vessels fishing commercially for BFT. 

In August 2008, NMFS followed a 

similar course of action and raised the 

General category retention limits via 

inseason action to allow for a three BFT 

daily retention limit throughout 2008 

(73 FR 50885, August 29, 2008). NMFS 

would address the January 2010 General 

category daily retention limit via a 

separate inseason action later in the 

year, if necessary. In December 2008, 

NMFS set the January 2009 General 

category BFT daily retention limit at 

two BFT per vessel via an inseason 

action (73 FR 76972, December 18, 

2008), after considering dealer reports, 

daily landing trends, the winter fishery 

performance over the last few years, 

BFT availability, and the relatively 

small January General category baseline 

subquota. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. landings quota of BFT 

without exceeding it, while maintaining 

an equitable distribution of fishing 

opportunities, to help achieve optimum 

yield in the General category BFT 

fishery, to collect a broad range of data 

for stock monitoring purposes, and to be 

consistent with the objectives of the 

Consolidated HMS FMP. 

Inseason Transfer to the Harpoon 

Category 

Under § 635.27(a)(7), NMFS has the 

authority to allocate any portion of the 

Reserve to any category quota in the 

fishery, other than the Angling category 

school BFT subquota (for which there is 

a separate reserve), after considering 

determination criteria provided under 

§ 635.27(a)(8). 

The 2009 annual BFT quota 

specifications (74 FR 26110, June 1, 

2009) provide for an adjusted quota of 

51.6 mt of large medium and giant BFT 

to be harvested from the regulatory area 

by vessels fishing under the Harpoon 

category quota. As of August 11, 2009, 

Harpoon category landings totaled 37.7 

mt, with 13.9 mt available for the 

remainder of the season. 

After considering the factors for 

making transfers between categories and 

from the Reserve, NMFS has determined 

that 25 mt of the 180.4 mt of Reserve 

should be transferred to the Harpoon 

category. Thus, the Harpoon category 

quota is adjusted to 76.6 mt for the 2009 

fishing year. Once the adjusted Harpoon 

category quota has been reached, or 

November 15, 2009, whichever comes 

first, the Harpoon category will be 

closed. 

Monitoring and Reporting 

NMFS selected the General category 

daily retention limit and the duration 

after examining an array of data as it 


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44298 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

pertains to the determination criteria. 

These data included, but were not 

limited to, current and previous catch 

and effort rates, quota availability, 

previous public comments on inseason 

management measures, stock status, etc. 

NMFS will continue to monitor the BFT 

fishery closely through the mandatory 

dealer landing reports, which NMFS 

requires to be submitted within 24 

hours of a dealer receiving BFT. 

Depending on the level of fishing effort 

and catch rates of BFT, NMFS may 

determine that additional retention limit 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. 

Closures of the General and Harpoon 

categories or subsequent adjustments to 

the General category daily retention 

limit, if any, will be published in the 

Federal Register. In addition, fishermen 

may call the Atlantic Tunas Information 

Line at (888) 872–8862 or (978) 281– 

9260, or access the internet at 

www.hmspermits.gov, for updates on 

quota monitoring and retention limit 

adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action for the following reasons: 

The regulations implementing the 

Consolidated HMS FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Affording prior notice and 

opportunity for public comment to 

implement these retention limits is 

impracticable as it would preclude 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that the General category 

BFT retention limits may be increased 

with minimal risks of exceeding the 

ICCAT-allocated quota. 

Delays in increasing the daily 

retention limit would adversely affect 

those General and Charter/Headboat 

category vessels that would otherwise 

have an opportunity to harvest more 

than the default retention limit of one 

BFT per day and may exacerbate the 

problem of low catch rates and quota 

rollovers. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend upon 

catching the available quota within the 

time periods designated in the 

Consolidated HMS FMP. Adjustment to 

the retention limit must be effective 

September 1, 2009, to minimize any 

unnecessary disruption in fishing 

patterns and for the impacted sectors to 

benefit from the adjustments so as to not 

preclude fishing opportunities from 

fishermen who only have access to the 

fishery during this time period. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction by increasing the General 

category retention limit from the default 

of one fish per vessel/trip to three fish 

per vessel/trip, the AA also finds good 

cause under 5 U.S.C. 553(d) to waive the 

30-day delay in effectiveness. This 

action is being taken under 50 CFR 

635.23(a)(4) and (b)(3) and is exempt 

from review under Executive Order 

12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 24, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20806 Filed 8–25–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XR20 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2009 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 26, 2009, through 

1200 hrs, A.l.t., October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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 C season allowance of the 2009 

TAC of pollock in Statistical Area 630 

of the GOA is 3,550 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). In accordance with 

§ 679.20(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 2,071 mt, 

to reflect the total amount of pollock 

TAC that has been caught prior to the 

C season in Statistical Area 630. 

Therefore, the revised C season 

allowance of the pollock TAC in 

Statistical Area 630 is 1,479 mt (3,550 

mt minus 2,071 mt). 

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

the Regional Administrator has 

determined that the C season allowance 

of the 2009 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 1,469 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

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 pollock in 

Statistical Area 630 of the GOA. NMFS 


jlentini on DSKJ8SOYB1PROD with RULES