52666 Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule 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, pertaining to the final

conditional interim approval of the 15%

plan for the Baltimore severe ozone

nonattainment area, must be filed in the

United States Court of Appeals for the

appropriate circuit by December 8,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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, Hydrocarbons, Ozone.

Dated: September 19, 1997.

A.R. Morris,

Acting Regional Administrator, Region III.

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. 7401–7671q.

Subpart V—Maryland

2. Section 52.1072 is amended by

adding paragraph (c) to read as follows:

§ 52.1072 Conditional approval.

* * * * *

(c) The State of Maryland’s July 12,

1995 submittal for the 15 Percent Rate

of Progress Plan (15% plan) for the

Baltimore ozone nonattainment area, is

conditionally approved based on certain

contingencies. The conditions for

approvability are as follows:

(1) Maryland’s 15% plan calculations

must reflect the EPA approved 1990

base year emissions inventory in

§ 52.1075.

(2) Maryland must meet the

conditions listed in the October 31,

1996 conditional I/M rulemaking notice,

including its commitment to remodel

the I/M reductions using the following

two EPA guidance memos: ‘‘Date by

which States Need to Achieve all the

Reductions Needed for the 15 Percent

Plan from I/M and Guidance for

Recalculation,’’ note from John Seitz

and Margo Oge dated August 13, 1996,

and ‘‘Modeling 15% VOC Reductions

from I/M in 1999—Supplemental

Guidance,’’ from Gay MacGregor and

Sally Shaver dated December 23, 1996.

(3) Maryland must remodel to

determine affirmatively the creditable

reductions from RFG and Tier I in

accordance with EPA guidance.

(4) Maryland must submit a SIP

revision amending the 15% plan with a

determination using appropriate

documentation methodologies and

credit calculations that the 64.2 TPD

reduction, supported through creditable

emission measures in the submittal,

satisfies Maryland’s 15% ROP

requirement for the Baltimore area.

[FR Doc. 97–26533 Filed 10–8–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 100297A]

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna General Category

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS has determined that

the 1997 Atlantic bluefin tuna (ABT)

October–December period General

category subquota will be attained by

October 5, 1997. Therefore, the General

category fishery for October–December

will be closed effective at 11:30 p.m. on

October 5, 1997. This action is being

taken to prevent overharvest of the

adjusted 141 metric tons (mt) subquota

for the October–December period.

DATES: Effective 11:30 p.m. local time

on October 5, 1997, through December

31, 1997.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Pat Scida, 508–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

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

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285. Section

285.22 subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) among the

various domestic fishing categories.

General Category Closure

NMFS is required, under

§ 285.20(b)(1), to monitor the catch and

landing statistics and, on the basis of

these statistics, to project a date when

the catch of ABT will equal the quota

and publish a Federal Register

announcement to close the applicable

fishery.

Implementing regulations for the

Atlantic tuna fisheries at 50 CFR 285.22

provide for a subquota of 72 mt of large

medium and giant ABT to be harvested

from the regulatory area by vessels

permitted in the General category

during the period beginning October 1

and ending December 31. Due to an

overharvest of 1 mt in the September

period subquota, and the transfer of 70

mt from other categories (13 mt from the

Reserve, 3 mt from the Incidental

Longline North quota, and 54 mt from

the Incidental Longline South quota) (62

FR 51608, October 2, 1997), the OctoberDecember period subquota was adjusted

to 141 mt. The October–December

subquota is divided into a coastwide

subquota of 131 mt and a 10 mt setaside for the traditional fall New York

Bight fishery area, defined as the waters

south and west of a straight line

originating at a point on the southern

shore of Long Island at 72°27′ W. long.

(Shinnecock Inlet) and running SSE
Federal Register / Vol. 62, No. 196 / Thursday, October 9, 1997 / Rules and Regulations 52667

150° true, and north of 38° 47′ N. lat.

(Delaware Bay).

Based on reported catch and effort,

NMFS projects that the revised

coastwide subquota of 131 mt will be

reached by October 5, 1997. Therefore,

fishing for, retaining, possessing, or

landing large medium of giant ABT by

vessels in the General category must

cease at 11:30 p.m. local time October

5, 1997. If, after tallying the landings

following the closure, NMFS determines

that a substantial amount of the

coastwide quota remains, NMFS may

reopen the coastwide General category

fishery as necessary to allow full harvest

of the coastwide subquota. Then, once

it is determined that the General

category catch has reached

approximately 10 mt less than the

overall October-December subquota (i.e.

the coastwide catch totals

approximately 131 mt), NMFS will

announce (through notice in the Federal

Register and over the Highly Migratory

Species Fax Network and Information

Lines) the opening date of the New York

Bight fishery. After the opening date of

the New York Bight fishery, fishing for,

retaining, possessing, or landing large

medium or giant ABT by vessels in the

General category may occur in the New

York Bight are only.

The intent of this closure is to prevent

overharvest of the October-December

period subquota established for the

General category.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

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

Dated: October 3, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–26709 Filed 10–3–97; 3:39 pm]

BILLING CODE 3510–22–M