Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40635 

contact the Captain of the Port, Lake 

Michigan or his on-scene representative 

to obtain permission to do so. 

The Captain of the Port, Lake 

Michigan or his on-scene representative 

may be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the Captain of the Port, Lake 

Michigan, or his on-scene 

representative. 

Dated: June 21, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–16249 Filed 7–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at specified times on July 

15 through July 19, 2013. This action is 

necessary to protect the waterways, 

waterway users, and vessels from 

hazards associated with the U.S. Army 

Corps of Engineers (USACE) dispersal 

barriers performance testing. 

During the enforcement periods listed 

below, entry into, transiting, mooring, 

laying-up or anchoring within the 

enforced area of this safety zone by any 

person or vessel is prohibited unless 

authorized by the Captain of the Port, 

Lake Michigan, or his designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced at the times 

specified in the SUPPLEMENTARY

INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, telephone 414– 

747–7148, email address 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930 for the USACE 

performance testing at the dispersal 

barriers. The Coast Guard will enforce 

this safety zone between Mile Marker 

296.1 to Mile Marker 296.7 on all waters 

of the Chicago Sanitary and Ship Canal 

according to the following schedule: 

(1) Dispersal Barrier performance 

testing schedule. 

July 15, 2013, from 1 p.m. until 5 

p.m.; 

July 16, 2013, from 7 a.m. until 11 

a.m. and 1 p.m. until 5 p.m.; 

July 17, 2013, from 7 a.m. until 11 

a.m. and 1 p.m. until 5 p.m.; 

July 18, 2013, from 7 a.m. until 11 

a.m. and 1 p.m. until 5 p.m.; 

July 19, 2013, from 7 a.m. until 11 

a.m. 

This enforcement action is necessary 

because the Captain of the Port, Lake 

Michigan has determined that the 

USACE Dispersal Barriers performance 

testing poses risks to life and property. 

Because of these risks, it is necessary to 

control vessel movement during the 

testing to prevent injury and property 

loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Lake Michigan, or 

his designated representative. The 

Captain of the Port, Lake Michigan, or 

his designated representative may be 

contacted via the U.S. Coast Guard 

Sector Lake Michigan Command Center 

at 414–747–7182 or on VHF channel 16. 

This notice is issued under authority 

of 33 CFR 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Lake 

Michigan, will also provide notice 

through other means, which may 

include Broadcast Notice to Mariners, 

Local Notice to Mariners, local news 

media, distribution in leaflet form, and 

on-scene oral notice. 

Additionally, the Captain of the Port, 

Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: June 21, 2013. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–16251 Filed 7–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60, 61, and 63 

[EPA–R08–OAR–2012–0764; FRL–9828–6] 

Delegation of Authority to the 

Southern Ute Indian Tribe To 

Implement and Enforce National 

Emissions Standards for Hazardous 

Air Pollutants and New Source 

Performance Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking final action to 

approve the Southern Ute Indian Tribe’s 

(SUIT) July 3, 2012 request for 

delegation of authority to implement 

and enforce National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP) and New Source 

Performance Standards (NSPS). This 

request establishes and requires SUIT to 

administer a NSPS and NESHAPs 

program per EPA regulations. The 

delegation is facilitated by SUIT’s 

treatment ‘‘in the same manner as a 

state’’ (TAS) document, per CAA 

requirements. 

DATES: This rule is effective on 

September 6, 2013 without further 

notice, unless EPA receives adverse 

comment by August 7, 2013. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0764, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: olson.kyle@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 


tkelley on DSK3SPTVN1PROD with RULES
40636 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket EPA–R08–OAR–2012–0764. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or email. The 

http://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 http:// 

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. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

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

www.regulations.gov or in hard copy at 

the Air Program, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, 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: Kyle 

Olson, Air Program, Mailcode 8P–AR, 

U.S. Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6002 

or olson.kyle@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

taking final action to approve the 

Southern Ute Indian Tribe’s (SUIT) July 

3, 2012 request for delegation of 

authority to implement and enforce 

National Emissions Standards for 

Hazardous Air Pollutants (NESHAP) 

and New Source Performance Standards 

(NSPS). This request establishes and 

requires SUIT to administer a NSPS and 

NESHAPs program per EPA regulations. 

SUIT met the requirements of Clean Air 

Act (CAA) sections 111(c) and 112(l) 

and 40 CFR subpart E for full approval 

to administer CAA 111 and CAA 112 

programs entirely due to its prior 

approval of its CAA Title V Part 70 

Permitting Program. The delegation is 

facilitated by SUIT’s treatment ‘‘in the 

same manner as a state’’ (TAS) 

document, per CAA section 301(d)(2). 

This action is being taken under CAA 

sections 111 and 112. 

Table of Contents 

I. General Information 

II. Delegation of Authority to SUIT 

III. Final Action 

IV. 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 word NESHAP means or refers to 

National Emissions Standards for Hazardous 

Air Pollutants. 

(iv) The word NSPS means or refers to the 

New Source Performance Standards. 

(v) The word SUIT means or refers to the 

Southern Ute Indian Tribe. 

(vi) The word TAS means or refers to 

Treatment As a State 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Delegation of Authority to SUIT 

CAA sections 111(c)(1) and 112(l), as 

amended, authorize EPA to delegate 

authority to any state or tribal agency 

which submits adequate regulatory 

procedures for implementation and 

enforcement of the NSPS and NESHAP. 

The NSPS are codified in 40 CFR part 

60 and the NESHAP are codified in 40 

CFR part 63. Delegation confers primary 

responsibility for implementation and 

enforcement to the respective tribal 

agency; however, EPA also retains the 

concurrent authority to enforce the 

standards. 

With a July 3, 2012 letter, the 

Chairman of the Southern Ute Indian 

Tribe requested delegation of authority 

for NSPS and NESHAP, promulgated in 

Parts 2 and 3 of the SUIT Reservation 

Air Program. EPA’s review of SUIT’s 


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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40637 

program determined that it contained 

adequate and effective procedures for 

the implementation and enforcement of 

these federal standards. Therefore, on 

November 27, 2012, EPA Region 8 

notified SUIT that, pending publication 

in the Federal Register, the Tribe is 

authorized to accept delegation of NSPS 

and NESHAP standards with the 

following letter: 

‘‘The Honorable Jimmy R. Newton Jr., 

Chairman 

The Southern Ute Indian Tribe 

P.O. Box 737 

Ignacio, Colorado 81137–0737 

Re: Clean Air Act (CAA) 111 and 112, New 

Source Performance Standards (NSPS) 

and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) 

Program Approval 

Dear Chairman Newton: 

I am pleased to inform you that, because 

the Southern Ute Indian Tribe has an 

approved CAA Title V permitting program, 

the EPA finds that the Tribe has the authority 

to carry out NSPS (CAA 111) and NESHAP 

(CAA 112) regulatory activities, and that the 

Tribe can begin requesting delegation of 

specific NSPS & NESHAP standards. The 

Tribe’s treatment ‘‘in the same manner as a 

state’’ document has been updated to reflect 

this new Program approval (per CAA section 

301(d)(2) and 40 CFR 49.6.) 

NSPS establishes maximum emission 

levels for new stationary sources, and 

NESHAPs address the control of hazardous 

air pollutants through Maximum Achievable 

Control Technology (MACT) standards and 

related programs that enhance and support 

the NESHAP program. The Tribe is also 

granted automatic delegation of NESHAP 

(CAA 112) standards through incorporation 

by reference of the standards when they are 

adopted unchanged into the Reservation Air 

Code (RAC) from the federal standards. A 

request for delegation of specific NSPS (CAA 

111) standards will require a letter to the 

EPA. After such request the EPA would 

publish a Federal Register notice containing 

the letter of request and an updated Code of 

Federal Regulations (CFR) table, and the EPA 

would respond by letter to the Tribe. 

To approve future requests for delegation 

of NSPS and NESHAPS regulations the EPA 

will provide public notice through 

publication in the Federal Register as a 

direct final rule. A direct final rule makes 

CAA 111 and CAA 112 delegations effective 

the day of publication. However, should the 

EPA receive any adverse comments on the 

direct final rule, the delegation will be 

reconsidered. 

For more information on this approval, 

please contact Carl Daly, Director of Region 

8’s Air Program at (303) 312–6416. 

Sincerely, 

James B. Martin 

Regional Administrator’’ 

III. Summary of Final Action 

We are approving delegation of the 

CAA 111 and 112 programs (NSPS and 

NESHAP, respectively) to SUIT. We are 

approving this rule because the 

authority for this delegation is based 

entirely on SUIT’s previous approval of 

the Part 70 permitting program [EPA– 

R08–OAR–2011–0015; FRL–9277–9] 

IV. Statutory and Executive Order 

Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

Tribal law as meeting federal 

requirements and imposes no additional 

requirements beyond those imposed by 

Tribal law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

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

rule approves pre-existing requirements 

and does not impose any additional 

enforceable duty, it 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). 

This action also does not have 

federalism implications because it does 

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, 

August 10, 1999. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a Tribal rule 

implementing a Federal standard. 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires us 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications’’. ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes’’. Under 

Section 5(b) of Executive Order 13175, 

we may not issue a regulation that has 

tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal Government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or we consult with tribal 

officials early in the process of 

developing the proposed regulation. 

Under Section 5(c) of Executive Order 

13175, we may not issue a regulation 

that has tribal implications and that 

preempts tribal law, unless the Agency 

consults with tribal officials early in the 

process of developing the proposed 

regulation. While we conclude that this 

action will have tribal implications, this 

action is not a regulation and merely 

approves a Tribal rule implementing a 

federal standard. This action does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the Clean Air Act except 

as regards implementation of CAA 111 

and 112. This action will neither impose 

substantial direct compliance costs on 

tribal governments, nor preempt tribal 

law. 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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 September 3, 

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. 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 


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40638 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

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 60, 61, 

and 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Ammonium sulfate plants, Batteries, 

Beverages, Carbon monoxide, Cement 

industry, Chemicals, Coal, Copper, Dry 

cleaners, Electric power plants, 

Fertilizers, Fluoride, Gasoline, Glass 

and glass products, Grains, Graphic arts 

industry, Heaters, Household 

appliances, Insulation, 

Intergovernmental relations, Iron, 

Labeling, Lead, Lime, Metallic and 

nonmetallic mineral processing plants, 

Metals, Motor vehicles, National 

Emissions Standards for Hazardous Air 

Pollutants, Natural gas, New Source 

Performance Standards, Nitric acid 

plants, Nitrogen dioxide, Paper and 

paper products industry, Particulate 

matter, Paving and roofing materials, 

Petroleum, Phosphate, Plastics materials 

and synthetics, Polymers, Reporting and 

recordkeeping requirements, Sewage 

disposal, Steel, Sulfur oxides, Sulfuric 

acid plants, Tires, Tribal, Urethane, 

Vinyl, Volatile organic compounds, 

Waste treatment and disposal, Zinc. 

Dated: May 30, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–16327 Filed 7–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120918468–3111–02] 

RIN 0648–XC741 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Dusky Rockfish 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for dusky rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2013 total 

allowable catch (TAC) of dusky rockfish 

in the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 3, 2013, through 2400 

hrs, A.l.t., December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 2013 TAC of dusky rockfish in 

the Western Regulatory Area of the GOA 

is 377 metric tons (mt) as established by 

the final 2013 and 2014 harvest 

specifications for groundfish of the GOA 

(78 FR 13162, February 26, 2013). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2013 TAC of dusky 

rockfish in the Western Regulatory Area 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 277 mt, and is setting aside 

the remaining 100 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 dusky rockfish in 

the Western Regulatory Area of the 

GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) will apply at all times 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The acting 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 

dusky rockfish in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 1, 2013. 

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: July 2, 2013. 

Kelly Denit, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–16286 Filed 7–2–13; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120918468–3111–02] 

RIN 0648–XC740 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2013 total 

allowable catch (TAC) of northern 

rockfish in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 3, 2013, through 2400 

hrs, A.l.t., December 31, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 


tkelley on DSK3SPTVN1PROD with RULES