6016 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

1Tennessee’s May 28, 2009, SIP revision also 

contained changes to Tennessee’s SIP-approved 

NSR permitting regulations regarding ‘‘baseline 

actual emissions.’’ At this time, EPA is not taking 

action on this portion of Tennessee’s submission. 

2Tennessee’s May 28, 2009, SIP submittal also 

made changes to the State’s title V regulations at 

1200–3–9–.02(11). EPA is not taking action on 

Tennessee’s revisions to the State’s title V 

regulations at this time. 

(3) Persons or vessels requiring 

deviations from this rule must request 

permission from the Captain of the Port 

New Orleans through the on-scene Coast 

Guard or other agency asset, via VHF 

Ch. 67 or the Coast Guard Vessel Traffic 

Center at (504) 365–2230. 

(4) All persons and vessels granted 

permission to enter a security zone must 

comply with the instructions of the 

Captain of the Port New Orleans and 

designated personnel. Designated 

personnel include commissioned, 

warrant and petty officers of the U.S. 

Coast Guard, and local, state, and 

federal law enforcement officers on 

clearly identified law enforcement 

agency vessels. 

(d) Informational broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through marine safety information 

bulletins or broadcast notices to 

mariners of this regulation. 

Dated: December 27, 2011. 

J. J. Arenstam, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New Orleans. 

[FR Doc. 2012–2674 Filed 2–6–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0483–201201; FRL– 

9627–5] 

Approval and Promulgation of 

Implementation Plans; State of 

Tennessee: Prevention of Significant 

Deterioration and Nonattainment New 

Source Review Rules: Nitrogen Oxides 

as a Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the Tennessee State 

Implementation Plan (SIP), submitted 

by the Tennessee Department of 

Environment and Conservation (TDEC), 

through the Division of Air Pollution 

Control, to EPA on May 28, 2009. The 

SIP revision modifies Tennessee’s New 

Source Review (NSR) Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NNSR) programs. The SIP revision 

addresses three related issues. First, the 

SIP revision updates Tennessee’s SIPapproved regulations to incorporate 

NSR permitting requirements 

promulgated in the 1997 8–Hour Ozone 

national ambient air quality standards 

(NAAQS) Implementation Rule NSR 

Update Phase II (hereafter referred to as 

the ‘‘Ozone Implementation NSR 

Update’’ or ‘‘Phase II Rule’’). Second, 

Tennessee’s May 28, 2009, SIP revision 

updates to Tennessee’s PSD and NNSR 

permitting regulations regarding the 

addition of clean coal technology (CCT) 

provisions. Third, the SIP revision 

provides clarifying changes and 

corrections to portions of the Tennessee 

NSR rule. All changes in the SIP 

revision comply with federal NSR 

permitting regulations found at 40 CFR 

51.165 and 51.166. EPA is approving 

Tennessee’s May 28, 2009, SIP revision 

because it is in accordance with the 

Clean Air Act (CAA or Act). 

DATES: Effective Date: This rule will be 

effective March 8, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–0483. All documents in the docket 

are listed on the www.regulations.gov 

web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Tennessee 

SIP, contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

Telephone number: (404) 562–9352; 

email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Telephone 

number: (404) 562–9214; email address: 

adams.yolanda@epa.gov. For 

information regarding 8-hour ozone 

NAAQS, contact Ms. Jane Spann, 

Regulatory Development Section, at the 

same address above. Telephone number: 

(404) 562–9029; email address: 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action to approve 

changes to the Tennessee SIP such that 

it is consistent with federal 

requirements for NSR permitting.1 On 

May 28, 2009, Tennessee submitted a 

SIP revision to EPA for approval which 

revised Tennessee’s Air Quality 

Regulations, Chapter 1200–3–9— 

Construction and Operating Permits, 

Rule Number .01—Construction Permit, 

.02—Operating Permits, and .03— 

General Provisions to adopt federal PSD 

and NNSR requirements.2 First, the SIP 

revision addressed requirements 

promulgated in the Phase II Rule 

including the following provisions: (1) 

Recognizing nitrogen oxides (NOX) 

emissions as ozone precursors; (2) 

adopting NNSR provisions for major 

stationary source thresholds for sources 

in certain classes of nonattainment areas 

for 8-hour ozone, carbon monoxide and 

particulate matter with a nominal 

aerodynamic diameter less than or equal 

to 10 microns (PM10); (3) addressing 

changes to offset ratios for marginal, 

moderate, serious, severe, and extreme 

ozone nonattainment areas; and (4) 

modifying provisions addressing offset 

requirements for facilities that shut 

down or curtail operation. Second, the 

SIP revision includes updates to the 

Tennessee PSD and NNSR permitting 

regulations regarding the adoption of 

CCT definitions at 1200–3–9. Lastly, the 

SIP revision includes clarifying changes 

and corrections to the State’s rules at 

1200–3–9–.01 through –.03. 

EPA notes that Tennessee’s May 28, 

2009, submittal also includes the 

removal of provisions for clean units 

(CU) and pollution control projects 

(PCP) from the State’s PSD and NNSR 

regulations that were submitted by the 

State to be consistent with thenapplicable federal regulations. EPA did 


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Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 6017 

3On December 31, 2002, (67 FR 80186), EPA 

published final rule changes to 40 CFR parts 51 and 

52, regarding the CAA’s PSD and NNSR programs. 

On November 7, 2003, (68 FR 63021), EPA 

published a notice of final action on the 

reconsideration of the December 31, 2002, final rule 

changes. The December 31, 2002, and the November 

7, 2003, final actions are collectively referred to as 

the ‘‘2002 NSR Reform Rules.’’ On June 24, 2005, 

the DC Circuit Court vacated portions of the 2002 

NSR Reform Rules pertaining to CU and PCP. 

4On July 18, 1997, EPA promulgated a revised 8- 

hour ozone NAAQS of 0.08 parts per million—also 

referred to as the 1997 8-hour ozone NAAQS. On 

April 30, 2004, EPA designated areas as 

unclassifiable/attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone NAAQS. 

In addition, on April 30, 2004, as part of the 

framework to implement the 1997 8-hour ozone 

NAAQS, EPA promulgated an implementation rule 

in two phases (Phase I and II). The Phase I Rule 

(effective on June 15, 2004), provided the 

implementation requirements for designating areas 

under subpart 1 and subpart 2 of the CAA. See 69 

FR 23951. 

5The WEPCO rule exempted CCT demonstration 

projects (that constitute re-powering) from PSD 

requirements (major modification) as long as the 

projects do not cause an increase in potential to 

emit of a regulated NSR pollutant emitted by the 

unit. 

6EPA notes that in the proposed rule for this 

action, the Agency incorrectly cited Tennessee’s 

definition of ‘‘major stationary source’’ as ‘‘1200–3– 

0–.01(5)(b)(i)1(iv)(II)’’ instead of ‘‘1200–3–09- 

.01(5)(b)1(iv)(II)’’ regarding the typographical 

correction. See 76 FR 75845, 75848. 

not take action to approve these CU and 

PCP revisions into Tennessee’s 

federally-approved SIP, and the federal 

requirement for these provisions was 

ultimately vacated by the United States 

Court of Appeals for the District of 

Columbia Circuit (DC Circuit Court) 3

Consequently, because these revisions 

were never incorporated into the State’s 

SIP and the federal requirements have 

since been vacated, there is no federal 

action necessary with respect to the 

removal of the CU and PCP provisions 

from State law. 

On December 5, 2011, EPA published 

a proposed rulemaking to approve the 

aforementioned changes to Tennessee’s 

NSR programs. See 76 FR 75845. No 

comments, adverse or otherwise, were 

received on EPA’s December 5, 2011, 

proposed rulemaking. EPA is now 

taking final action to approve the 

changes to Tennessee’s NSR programs 

as provided in EPA’s December 5, 2011, 

proposed rulemaking. A summary of the 

background for today’s final actions is 

provided below. 

a. Phase II Rule 

With regard to the 1997 8-hour ozone 

NAAQS,4 EPA’s Phase II Rule, finalized 

on November 29, 2005, addressed 

control and planning requirements as 

they applied to areas designated 

nonattainment for the 1997 8-hour 

ozone NAAQS such as reasonably 

available control technology, reasonably 

available control measures, reasonable 

further progress, modeling and 

attainment demonstrations, NSR, and 

the impact to reformulated gas for the 

1997 8-hour ozone NAAQS transition. 

See 70 FR 71612. The NSR permitting 

requirements established in the rule 

included the following provisions: 

recognizing NOx as an ozone precursor 

for PSD purposes; changes to the NNSR 

rules establishing major stationary 

thresholds (marginal, moderate, serious, 

severe, and extreme nonattainment 

(NAA) classifications) and significant 

emission rates for the 8-hour ozone, 

PM10 and carbon monoxide NAAQS; 

revising the criteria for crediting 

emission reductions credits from 

operation shutdowns and curtailments 

as offsets, and changes to offset ratios 

for marginal, moderate, serious, severe, 

and extreme ozone NAA. 

The Phase II Rule made changes to 

federal regulations at 40 CFR 51.165 and 

51.166 (which govern the NNSR and 

PSD permitting programs respectively). 

Pursuant to these requirements, states 

were required to submit SIP revisions 

adopting the relevant federal 

requirements of the Phase II Rule (at 40 

CFR 51.165 and 51.166) into their SIP 

no later than June 15, 2007. Tennessee’s 

May 28, 2009, SIP revision adopts the 

relevant provisions at 40 CFR 51.165 

and 51.66 into the Tennessee SIP to be 

consistent with federal regulations for 

NSR permitting requirements 

promulgated in the Phase II Rule with 

minor NNSR variations. States may 

meet the requirements of 40 CFR Part 51 

and the Phase II Rules with alternative 

but equivalent regulations. As part of its 

analysis of Tennessee’s May 28, 2009 

SIP revision, EPA conducted a thorough 

review of the state’s submittal including 

those provisions that differ from the 

federal rules (specifically NNSR 

provisions at 40 CFR 

51.165(a)(1)(iv)(A)(2), 51.165(a)(1)(v)(E) 

and 51.165(a)(1)(x)(C)). EPA determined 

that Tennessee’s equivalent provisions 

to the federal NNSR regulations are 

consistent with the program 

requirements for NSR, set forth at 40 

CFR 51.165 and 51.166. For more detail 

on Tennessee’s equivalent NNSR 

provisions related to the Phase II Rule, 

please refer to EPA’s proposed 

rulemaking at 76 FR 75845 (December 5, 

2011). 

b. Clean Coal Technology Revisions 

With regard to the CCT changes, 

Tennessee’s May 28, 2009, SIP submittal 

revised the State’s NSR regulations at 

1200–3–9 to adopt CCT and repowering 

definitions promulgated by EPA in a 

portion of the 1992 WEPCO Rule 

(Wisconsin Electric Power Co. v. Reilly, 

893 F.2d 901 (7th Cir. 1990)) on July 21, 

1992 (57 FR 32314) and now codified at 

40 CFR 51.165(a)(1)(xxii)–(xxiv) and 

51.166(b)(33)–(36). In addition, 

Tennessee’s SIP submittal modified the 

definition of ‘‘major modification’’ to 

exempt ‘‘clean coal technology 

demonstration projects’’ (consistent 

with 51.165(a)(1)(v)(C)(9) and 

51.166(b)(2)(iii)(i)–(j)).5 EPA has 

determined that the rule changes made 

by Tennessee are consistent with the 

current federal regulations at 40 CFR 

51.165 and 51.166. 

c. Tennessee’s Clarifying Changes and 

Corrections 

Finally, TDEC’s May 28, 2009, SIP 

submittal incorporated clarifying 

changes and typographical corrections 

to portions of the State’s NSR 

regulations at 1200–3–9–.01 through 

–.03. Specifically, Tennessee made 

typographical corrections to the 

definition of ‘‘major stationary source’’ 

at rule 1200–3–09–.01(5)(b)1(iv)(II) 6 by 

removing the ‘‘s’’ from the word ‘‘items’’ 

between the word ‘‘under’’ and before 

numerical (‘‘iv’’). In addition, Tennessee 

replaced the word ‘‘data’’ with ‘‘date’’ at 

paragraph (1) of rule 1200–3–9–.03. 

Tennessee’s clarifying changes also 

revised paragraph (1) at rule 1200–3–9– 

.02 to clarify the timeframe and 

conditions for an air contaminant source 

to apply for an operating permit. 

Finally, as a result of the removal of all 

references to the ‘‘clean units’’ language 

(due to the above-described vacatur), 

Tennessee, where appropriate at Rule 

1200–3–9–.01, replaced the terms 

‘‘clean units’’ or ‘‘clean’’ with the terms 

‘‘new emission units’’ or ‘‘new’’ 

consistent with the hybrid test 

applicability provision amended in the 

2002 NSR Reform Rule. See 67 FR 8018 

at 80260). EPA has determined that the 

clarifying changes and corrections made 

by Tennessee are consistent with 

section 110 of the CAA and its 

implementing regulations. 

II. This Action 

Tennessee’s May 28, 2009, SIP 

revision updates the State’s PSD and 

NNSR provisions at Chapter 1200–3–9 

to adopt the NSR requirements 

promulgated in the Phase II Rule 

regarding: (1) Recognizing NOx

emissions as ozone precursors; (2) 

NNSR provisions for major stationary 

source thresholds for sources in certain 

classes of nonattainment areas for 8- 

hour ozone, carbon monoxide and PM10; 

(3) addressing changes to offset ratios 

for marginal, moderate, serious, severe, 

and extreme ozone nonattainment areas; 


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6018 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 

and (4) addressing changes to provisions 

pertaining to offset requirements for 

facilities that shut down or curtail 

operation. Tennessee’s SIP submittal 

also adopted CCT definitions 

established in a portion of the WEPCO 

Rule (including demonstration project, 

temporary CCT demonstration project, 

and re-powering found at 40 CFR 

51.165(xxii)–(xxiv) and 51.166(b)(33)– 

(36)) and revised the definition of 

‘‘major modification’’ by exempting CCT 

demonstration projects (that constitute 

re-powering) from PSD requirements 

currently at 40 CFR 51.165(a)(1)(v)(C)(9) 

and 51.166(b)(2)(iii)(i)–(j). Additionally, 

Tennessee’s SIP submittal made 

clarifying changes and corrected 

typographical errors at Tennessee NSR 

regulations in Chapter 1200–3–9–.01 

through –.03. 

EPA has determined that Tennessee’s 

May 28, 2009, SIP revision, which 

became state-effective on May 10, 2009, 

meets the NSR permitting requirements 

established in the Phase II Rule and is 

consistent with the provisions 

promulgated in a portion of the WEPCO 

Rule. Further, EPA has determined that 

Tennessee’s May 28, 2009, SIP revision 

is consistent with section 110 of the 

CAA. 

III. Final Action 

Pursuant to section 110 of the CAA, 

EPA is taking final action to approve 

Tennessee’s May 28, 2009, SIP revisions 

adopting federal regulations amended in 

the Phase II Rule (specifically 

recognizing NOx as an ozone precursor) 

into the Tennessee SIP. EPA is also 

taking final action to approve 

Tennessee’s changes to its PSD and 

NNSR permitting regulations regarding 

the addition of CCT requirements 

(established in a portion of EPA’s 

WEPCO Rule) at 1200–3–9.01; and the 

clarifying changes and correction to 

Tennessee’s NSR rule. EPA is approving 

these revisions into the Tennessee SIP 

because they are consistent with section 

110 of the CAA and its implementing 

regulations. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. Accordingly, this 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 CAA; 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 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 9, 2012. 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 CAA 

section 307(b)(2), 42 U.S.C. 7607(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of Nitrogen, Ozone, Reporting 

and recordkeeping requirements. 

Dated: January 27, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 RR—Tennessee 

■ 2. Section 52.2220 (c) is amended 

under Chapter 1200–3–9 by revising the 

entries for ‘‘Section 1200–3–9–.01,’’ 

‘‘Section 1200–3–9–.02,’’ and ‘‘Section 

1200–3–9–.03’’ to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations 6019 

TABLE 1—EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter 1200–3–9 Construction and Operating Permits 

Section 1200–3–9–.01 Construction Permits ... 5/10/2009 2/7/2012 [Insert citation 

of publication].

EPA is approving Tennessee’s May 28, 2009 

SIP revisions to Chapter 1200–3–9–.01 with 

the exception of the ‘‘baseline actual emissions’’ calculation revision found at 1200–3– 

9–.01 (4)(b)45(i)(III), (4)(b)45(ii)(IV), 

(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of 

the submittal. 

Section 1200–3–9–.02 Operating Permits ....... 5/10/2009 2/7/2012 [Insert citation 

of publication].

Section 1200–3–9–.03 General Provisions ...... 5/10/2009 2/7/2012 [Insert citation 

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2012–2601 Filed 2–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 110826540–2069–02] 

RIN 0648–XA674 

Western Pacific Fisheries; 2012 Annual 

Catch Limits and Accountability 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final specifications. 

SUMMARY: In this rule, NMFS specifies 

annual catch limits for western Pacific 

bottomfish, crustacean, precious coral, 

and coral reef ecosystem fisheries, and 

accountability measures to correct or 

mitigate any overages of catch limits. 

The catch limits and accountability 

measures support the long-term 

sustainability of fishery resources of the 

U.S. Pacific Islands. 

DATES: The final specifications are 

effective March 8, 2012 through 

December 31, 2012. 

ADDRESSES: Copies of the fishery 

ecosystem plans are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel. 

(808) 522–8220, fax (808) 522–8226, or 

www.wpcouncil.org. Copies of the 

environmental assessments and findings 

of no significant impact for this action 

are available from www.regulations.gov, 

or Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd., 

1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, (808) 944–2108. 

SUPPLEMENTARY INFORMATION: On 

January 3, 2012, NMFS published a 

request for public comments (77 FR 66) 

on proposed specifications that are 

finalized here. Additional background 

information on this action is found in 

the preamble to the proposed 

specifications, and is not repeated here. 

Through this action, NMFS specifies 

annual catch limits (ACLs) and 

accountability measures (AM) for 

bottomfish, crustacean, precious coral, 

and coral reef ecosystem fishery 

management unit species (MUS) in the 

U.S. Exclusive Economic Zone (EEZ, 

generally 3–200 nm from shore) around 

American Samoa, Guam, the 

Commonwealth of the Northern Mariana 

Islands (CNMI), and Hawaii. The ACLs 

are specified for the 2012 fishing year, 

which begins on January 1 and ends on 

December 31, except for precious coral 

fisheries, which began on July 1, 2011, 

and end on June 30, 2012. 

NMFS is not specifying ACLs at this 

time for bottomfish, crustacean, 

precious coral, or coral reef ecosystem 

MUS in the Pacific Remote Island Areas, 

because commercial fishing is 

prohibited out to 50 nautical miles by 

Presidential Proclamation 8336 

(establishing the Pacific Remote Island 

Marine National Monument (74 FR 

1565, January 12, 2009)), and because 

there is no habitat to support such 

fisheries in the EEZ beyond the 

monument boundaries. The Council is 

separately working on a draft 

amendment to the relevant FEP 

containing fishery management 

measures for the Pacific Remote Islands 

Marine National Monument (as well as 

the Rose Atoll and Mariana Trench 

Marine National Monuments). 

Additionally, NMFS is not specifying 

ACLs for MUS that are currently subject 

to Federal fishing moratoria or 

prohibitions. These include all species 

of gold coral (73 FR 47098, August 13, 

2008), all species of deepwater precious 

corals at the Westpac Bed Refugia (75 

FR 2198, January 14, 2010), and the 

three Hawaii seamount groundfish: 

pelagic armorhead, alfonsin, and raftfish 

(75 FR 69015, November 10, 2010). The 

current prohibitions on fishing for these 

MUS serve as a functional equivalent of 

an ACL of zero. 

2012 Annual Catch Limit Specifications 

TABLE 1—AMERICAN SAMOA

Fishery Management unit species ACLs 

Bottomfish ............................... Bottomfish multi-species stock complex ............................... 99,200 lb (44,996 kg). 

Crustacean ............................. Deepwater Shrimp ................................................................. 80,000 lb (36,287 kg). 

Spiny Lobster ......................................................................... 2,300 lb (1,043 kg). 


srobinson on DSK4SPTVN1PROD with RULES