Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 51905 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Add paragraph (d) to § 52.329 as 

follows: 

§ 52.329 Rules and regulations. 

* * * * * 

(d) On August 7, 2007, the Colorado 

submitted two packages with revisions 

to Colorado’s Regulation 3 Regulation, 5 

CCR 1001–5, Part A. One change adopts 

language to treat nitrogen dioxide as an 

ozone precursor. The State also adopted 

an increase in fees used to pay for the 

State’s increased workload from the 

processing of Air Pollutant Emission 

Notices (APENs) and permits. Annual 

and permit processing fees shall be 

$16.54 for regulated pollutants and 

$114.96 for Hazardous Air Pollutants. 

One grammatical change was made to 

the text of Part A, Section 1.B.9.d: 

(1) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section I, Applicability, Section I.B.9.d, 

Applicable Requirement, effective 

October 2006: Any standard or other 

requirement under section 112 of the 

Federal Act (hazardous air pollutants, 

including any requirement concerning 

accident prevention under section 

112(r)(7) of the Federal Act) (Regulation 

No. 8) but not including the contents of 

any risk management plan required 

under section 112(r) of the Federal Act. 

(2) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section I, Applicability, Section I.B.16, 

Criteria Pollutants, effective October 

2006: 

(i) Those pollutants for which the U.S. 

EPA has established national ambient 

air quality standards, including: carbon 

monoxide, nitrogen dioxide (direct 

emissions and as a precursor to ozone), 

sulfur dioxide, PM10, total suspended 

particulate matter, ozone, volatile 

organic compounds (as a precursor to 

ozone), and lead. 

(ii) For the purpose of Air Pollutant 

Emission Notice reporting, criteria 

pollutants shall also include nitrogen 

oxides, fluorides, sulfuric acid mist, 

hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, municipal 

waste combustor organics, municipal 

waste combustor metals, and municipal 

waste combustor acid gases. 

(3) Regulation 3, 5 CCR 1001–5, Air 

Contaminant Emissions Notices, Part A, 

Concerning General Provisions 

Applicable to Reporting and Permitting, 

Section VI Fees; Section VI.D.1, Fee 

Schedule, effective February 2007: 

Annual and permit processing fees shall 

be charged in accordance with and in 

the amounts specified in the provisions 

of Colorado Revised Statues section 25– 

7–114.7. Annual fees for regulated 

pollutants shall be $16.54. Annual fees 

for hazardous air pollutants shall be 

$114.96. 

[FR Doc. 2011–21233 Filed 8–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA592 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Gulf of 

Mexico Reef Fish Fishery; 2011 

Commercial Quota and 2011 

Commercial Fishing Season for 

Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS implements this 

temporary final rule to increase the 

commercial quota for greater amberjack 

in the Gulf of Mexico (Gulf) for the 2011 

fishing year and reopen the 2011 

commercial fishing season for greater 

amberjack for a limited time period. 

These actions are necessary to achieve 

the optimum yield for the fishery, thus 

enhancing social and economic benefits 

to the fishery. 

DATES: This rule is effective August 19, 

2011 through December 31, 2011, except 

for the reopening of the commercial 

sector for Gulf greater amberjack. The 

commercial sector for Gulf greater 

amberjack will reopen at 12:01 a.m., 

local time, September 1, 2011, and close 

at 12:01 a.m., local time, October 31, 

2011. 

ADDRESSES: Electronic copies of the 

final rule for Amendment 30A, the Final 

Supplemental Environmental Impact 

Statement (FSEIS) for Amendment 30A, 

and other supporting documentation 

may be obtained from Rich Malinowski, 

NMFS, Southeast Regional Office, 263 

13th Avenue South, St. Petersburg, FL 

33701; telephone: 727–824–5305. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, telephone: 727–824–5305, 

e-mail Rich.Malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf is managed 

under the Fishery Management Plan for 

Reef Fish Resources of the Gulf of 

Mexico (FMP). The FMP was prepared 

by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The 2006 reauthorization of the 

Magnuson-Stevens Act implemented 

new requirements that annual catch 

limits (ACLs) and accountability 

measures (AMs) be established to end 

overfishing and prevent overfishing 

from occurring. AMs are management 

controls to prevent ACLs from being 

exceeded, and correct or mitigate 

overages of the ACL if they occur. 

Section 303(a)(15) of the MagnusonStevens Act mandates the establishment 

of ACLs at a level such that overfishing 

does not occur in the fishery, including 

measures to ensure accountability. 

On July 3, 2008, NMFS issued a final 

rule (73 FR 38139) to implement 

Amendment 30A to the FMP 

(Amendment 30A). Amendment 30A 

established a commercial quota for Gulf 

greater amberjack of 503,000 lb (228,157 

kg) and an AM that would go into effect 

if the commercial quota for greater 

amberjack is exceeded. In accordance 

with regulations at 50 CFR 

622.49(a)(1)(i), when the applicable 

commercial quota is reached, or 

projected to be reached, the Assistant 

Administrator for Fisheries, NOAA, 

(AA), will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. If despite such 

closure, commercial landings exceed the 

quota, the AA will reduce the quota the 

year following an overage by the amount 

of the overage of the prior fishing year. 

Landings data for 2010, provided by 

the Southeast Fisheries Science Center 

(SEFSC) in April, 2011, indicated 

562,172 lb (254,997 kg) were landed by 

the commercial sector, for an overage of 

189,100 lb (85,774 kg). Therefore, for 

2011, NMFS published a rule in the 

Federal Register (76 FR 23909, April 29, 

2011) announcing the 503,000-lb 

commercial quota would be adjusted to 

313,900 lb (142,383 kg) to account for 

the overage. However, recently updated 


wreier-aviles on DSKDVH8Z91PROD with RULES
51906 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations 

landings data, provided by the SEFSC, 

indicate the commercial harvest for 

2010 was 533,981 lb (242,210 kg), 

28,191 lb (12,787 kg) less than was 

previously reported. This temporary 

rule will establish a new 2011 quota of 

342,091 lb (155,170 kg). 

The commercial sector was closed on 

June 18, 2011, when NMFS estimated 

the 313,900-lb (142,383-kg) adjusted 

quota would be reached. Landings data 

available to date, indicate the quota was 

not met by the closing date and that 

58,254 lbs of the adjusted quota remain 

available. When combined with the 

28,191 lb (12,787 kg) erroneously 

deducted for 2010, this results in 86,452 

lb (39,214 kg) of quota available for 

2011. Based on historical catch rates, 

NMFS projects the remaining 86,452 lb 

(39,214 kg) of quota will be harvested in 

61 days. Therefore, this temporary rule 

will reopen the commercial greater 

amberjack fishing season beginning at 

12:01 a.m., local time, September 1, 

2011, and close the commercial sector at 

12:01 a.m., local time, on October 31, 

2011. The fishery will remain closed 

until 12:01 a.m., local time, on January 

1, 2012. 

During the closure, all commercial 

harvest or possession of greater 

amberjack in or from the Gulf Exclusive 

Economic Zone (EEZ), and the sale or 

purchase of greater amberjack taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of greater 

amberjack that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, October 31, 2011, and were 

held in cold storage by a dealer or 

processor. In addition to the Gulf EEZ 

closure, a person on board a vessel for 

which a commercial vessel permit for 

Gulf reef fish has been issued must 

comply with these closure provisions 

regardless of where the Gulf greater 

amberjack are harvested, i.e., in state or 

Federal waters. 

The 2012 commercial quota for 

greater amberjack will return to the 

quota specified at 50 CFR 622.42(a)(1)(v) 

unless accountability measures are 

implemented due to a quota overage and 

a reduced quota is specified through 

notification in the Federal Register, or 

subsequent regulatory action is taken to 

adjust the quota. 

Classification 

The Administrator, Southeast Region, 

NMFS, (RA) has determined this 

temporary rule is necessary for the 

conservation and management of the 

Gulf greater amberjack component of the 

Gulf reef fish fishery and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CRF 

622.43(a) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

NMFS prepared a FSEIS for 

Amendment 30A. A notice of 

availability for the FSEIS was published 

on April 18, 2008 (73 FR 21124). An 

electronic copy of the FSEIS and the 

Record of Decision are available from 

NMFS (see ADDRESSES). 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because the commercial AM established 

by Amendment 30A and located at 50 

CFR 622.49(a)(1)(i) authorizes the AA to 

file a notification with the Office of the 

Federal Register to adjust the 

commercial quota the following fishing 

year. The final rule for Amendment 30A 

implementing this AM was subject to 

notice and comment and all that 

remains is to notify the public of the 

adjusted 2011 commercial quota and the 

reopening of the commercial fishing 

season for Gulf greater amberjack to 

allow fishermen to catch the remaining 

quota. 

Also, providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest. Delaying the announcement of 

the commercial fishing season 

reopening date to accommodate prior 

notice and comment would result in a 

delayed reopening date. Fishermen have 

indicated that a summer reopening will 

allow them to take advantage of the 

increased summer tourists that would 

be purchasing fish in restaurants and 

retail markets. This should allow 

fishermen to obtain higher prices and 

more easily sell their product. Further, 

better weather conditions exist in the 

summer than would be expected in a 

fall or winter reopening. This would be 

expected to improve safety at sea 

conditions in the fishery. Taking time to 

solicit public comment prior to 

reopening harvest would result in 

delaying the reopening until sometime 

in the early fall. This would result in 

foregoing the benefits discussed above. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: August 16, 2011. 

Galen R. Tromble, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–21251 Filed 8–18–11; 8:45 am] 

BILLING CODE 3510–22–P 


wreier-aviles on DSKDVH8Z91PROD with RULES