37446 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 

responsibilities among the various 

levels of government. Because this final 

rule is not subject to review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Congressional Review Act 

This action is subject to the 

Congressional Review Act (CRA), and 

the EPA will submit a rule report to 

each House of Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in Section I.B of the 

preamble, including the basis for that 

finding. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 302 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, Reporting 

and recordkeeping requirements, 

Superfund, Water pollution control, 

Water supply. 

40 CFR Part 355 

Environmental protection, Chemicals, 

Disaster assistance, Hazardous 

substances, Hazardous waste, Natural 

resources, Penalties, Reporting and 

recordkeeping requirements, Superfund. 

Dated: July 23, 2018. 

Andrew R. Wheeler, 

Acting Administrator. 

For the reasons stated in the 

preamble, EPA is amending 40 CFR 

parts 302 and 355 as follows: 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

■ 1. The authority citation for part 302 

is revised to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

■ 2. Section 302.3 is amended by 

revising the definitions for ‘‘Animal 

waste’’ and ‘‘Farm’’ to read as follows: 

§ 302.3 Definitions. 

* * * * * 

Animal waste means feces, urine, or 

other excrement, digestive emission, 

urea, or similar substances emitted by 

animals (including any form of 

livestock, poultry, or fish). The term 

‘‘animal waste’’ includes animal waste 

that is mixed or commingled with 

bedding, compost, feed, soil, or any 

other material typically found with such 

waste. 

* * * * * 

Farm means a site or area (including 

associated structures) that— 

(1) Is used for— 

(i) The production of a crop; or 

(ii) The raising or selling of animals 

(including any form of livestock, 

poultry, or fish); and 

(2) Under normal conditions, 

produces during a farm year any 

agricultural products with a total value 

equal to not less than $1,000. 

* * * * * 

■ 3. Section 302.6 is amended by 

revising paragraph (e)(3) to read as 

follows: 

§ 302.6 Notification requirements. 

* * * * * 

(e) * * * 

(3) Air emissions from animal waste 

(including decomposing animal waste) 

at a farm. 

PART 355—EMERGENCY PLANNING 

AND NOTIFICATION 

■ 4. The authority citation for part 355 

continues to read as follows: 

Authority: Sections 302, 303, 304, 325, 

327, 328, and 329 of the Emergency Planning 

and Community Right-to-Know Act of 1986 

(EPCRA) (42 U.S.C. 11002, 11003, 11004, 

11045, 11047, 11048, and 11049). 

§ 355.31 [Amended] 

■ 5. Section 355.31 is amended by 

removing paragraphs (g) and (h). 

§ 355.61 [Amended] 

■ 6. Section 355.61 is amended by 

removing the definitions for ‘‘Animal 

waste’’ and ‘‘Farm’’. 

[FR Doc. 2018–16379 Filed 7–31–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180517485–8649–01] 

RIN 0648—XG262 

Atlantic Highly Migratory Species; 

Adjustments to 2018 North and South 

Atlantic Swordfish Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule. 

SUMMARY: NMFS adjusts the North and 

South Atlantic swordfish baseline 

quotas for 2018 based on available 

underharvest from the 2017 adjusted 

U.S. quotas. This action is necessary to 

implement binding recommendations of 

the International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

as required by the Atlantic Tunas 

Convention Act (ATCA), and to achieve 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective August 31, 2018, 

through December 31, 2018. 

ADDRESSES: Supporting documents, 

such as the 2012 and 2007 

Environmental Assessments (EA) and 

the 2006 Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan and its amendments 

described below, may be downloaded 

from the HMS website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These 

documents also are available upon 

request from Chante ́ Davis or Steve 

Durkee at the telephone numbers below. 

FOR FURTHER INFORMATION CONTACT: 

Chante ́ Davis, (301) 427–8503, or, Steve 

Durkee, (202) 670–6637. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of ATCA, 16 U.S.C. 971 et 

seq., and the Magnuson-Stevens Act, 16 

U.S.C. 1801 et seq., governing the 

harvest of swordfish by persons and 

vessels subject to U.S. jurisdiction are 

found at 50 CFR part 635. Section 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 37447 

635.27(c) describes the quota 

adjustment process for both North and 

South Atlantic swordfish. NMFS is 

required under ATCA and the 

Magnuson-Stevens Act to provide U.S. 

fishing vessels with a reasonable 

opportunity to harvest the ICCATrecommended quotas. 

The North Atlantic swordfish quota 

adjustment process was previously 

analyzed in the EA, Final Regulatory 

Impact Review (RIR), and Final 

Regulatory Flexibility Analysis (FRFA) 

that were prepared for the 2012 

Swordfish Quota Adjustment Rule (July 

31, 2012; 77 FR 45273). The South 

Atlantic swordfish quota adjustment 

process was previously analyzed in the 

EA, RIR, and FRFA that were prepared 

for the 2007 Swordfish Quota 

Specification Final Rule (October 5, 

2007; 72 FR 56929). In the 2016 North 

and South Atlantic Swordfish Quotas 

Adjustment Final Rule (July 26, 2016, 

81 FR 48719), after inviting and 

considering public comment on the 

issue, NMFS in the final rule 

determined it would no longer issue 

proposed and final specifications/rules 

for North and South Atlantic swordfish 

quotas adjustments in cases where the 

quota adjustment follows previously 

codified and analyzed formulas. As a 

result, in 2017, NMFS issued a 

temporary final rule to adjust the quota 

for the 2017 North and South Atlantic 

Swordfish fishery (September 18, 2017, 

82 FR 43500). Consistent with the 

determination made in the 2016 final 

rule, NMFS is issuing this temporary 

final rule to adjust the North and South 

Atlantic swordfish quotas for 2018. 

North and South Atlantic Swordfish 

Annual Quota and Adjustment Process 

North Atlantic Swordfish 

At the 2017 ICCAT annual meeting, 

ICCAT finalized Recommendation 17– 

02, which slightly reduced the overall 

North Atlantic swordfish TAC from 

10,300.8 metric tons (mt) dressed weight 

(dw) to 9,924.8 mt dw (376 .0 mt dw 

reduction) through 2018 in response to 

a recommendation by ICCAT’s Standing 

Committee for Research and Statistics 

(SCRS) given updated stock status 

information While the overall TAC was 

reduced, the U.S. baseline quota was 

maintained at 2,937.6 mt dw (3,907 mt 

whole weight (ww)) per year, as was the 

allowable underharvest carryover of 15 

percent of a Contracting Party’s baseline 

quota. This means that the United States 

may carry over a maximum of 440.6 mt 

dw (586.0 mt ww) of underharvest from 

2017 to 2018. Additionally, under 

Recommendation 17–02, the United 

States is no longer required to transfer 

18.8 mt dw to Mauritania, as it has 

under previous recommendations since 

2013 (ICCAT Recommendation 13–02). 

Per Recommendation 17–02, the 2018 

U.S. North Atlantic swordfish baseline 

quota is 2,937.6 mt dw (3,907 mt ww). 

The 2017 North Atlantic swordfish 

landings and dead discards were 1,011.9 

mt dw, leaving an underharvest of 

1,925.7 mt dw. This underharvest 

exceeds the 440.6 mt dw underharvest 

carryover limit allowed under 

Recommendation 17–02; thus, NMFS is 

carrying forward 440.6 mt dw, which is 

the maximum allowed. Because 

Recommendation 17–02 removed the 

transfer to Mauritania, NMFS is not 

transferring any quota to any country. 

Therefore, the resulting final adjusted 

North Atlantic swordfish quota for the 

2018 fishing year is 3,378.2 mt dw 

(2,937.6 baseline quota + 440.6 

overharvest carryover¥0 transfer to 

another country = 3,378.2 mt dw). From 

that adjusted quota, 50 mt dw will be 

allocated to the reserve category for 

inseason adjustments and research, and 

300 mt dw will be allocated to the 

incidental category, which includes 

recreational landings and landings by 

incidental swordfish permit holders, in 

accordance with regulations at 50 CFR 

635.27(c)(1)(i). The remainder, 3,028.2 

mt dw, would be allocated to the 

directed category (3,378.2 adjusted 

quota ¥50 to reserve ¥300 to the 

incidental category = 3,028.2 mt dw), 

which would be split equally between 

two seasons in 2018 (January through 

June and July through December) 

(Table 1). 

South Atlantic Swordfish 

In 2017, ICCAT also finalized 

Recommendation 17–03, which 

maintained the overall South Atlantic 

swordfish TAC at 10,526.3 mt dw 

(14,000 mt ww) through 2018, and 

maintained the U.S. allocation at 75.2 

mt dw (100 mt ww). Recommendation 

17–03 continues to limit the amount of 

South Atlantic swordfish underharvest 

that can be carried forward from one 

year to the next; the United States may 

carry forward up to 100 percent of its 

baseline quota (75.2 mt dw). 

Recommendation 17–03 also continues 

to require the United States to transfer 

a total of 75.2 mt dw (100 mt ww) to 

other countries. These transfers are 37.6 

mt dw (50 mt ww) to Namibia, 18.8 mt 

dw (25 mt ww) to Coˆte d’Ivoire, and 

18.8 mt dw (25 mt ww) to Belize. 

U.S. fishermen landed no South 

Atlantic swordfish in 2017. The 

adjusted 2017 South Atlantic swordfish 

quota was 75.1 mt dw due to nominal 

landings in previous years. Therefore, 

75.1 mt dw of underharvest is available 

to carry over to 2018. NMFS is carrying 

forward 75.1 mt dw to be added to the 

75.2 mt dw baseline quota. The quota is 

then reduced by the 75.2 mt dw of 

annual international quota transfers 

outlined above, resulting in an adjusted 

South Atlantic swordfish quota of 75.1 

mt dw for the 2018 fishing year (Table 

1). 

TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS

2017 2018 

North Atlantic Swordfish Quota (mt dw): 

Baseline Quota .................................................................................................. 2,937.6 .................................................... 2,937.6 

International Quota Transfer ............................................................................. (¥) 18.8 (to Mauritania) ......................... 0 

Total Underharvest from Previous Year ........................................................... 2,215.0 .................................................... 1,925.7 

Underharvest Carryover from Previous Year+ .................................................. (+) 440.6 ................................................. (+) 440.6 

Adjusted Quota .................................................................................................. 3,359.4 .................................................... 3,378.2 

Quota Allocation: 

Directed Category ...................................................................................... 3,009.4 .................................................... 3,028.2 

Incidental Category .................................................................................... 300 .......................................................... 300 

Reserve Category ...................................................................................... 50 ............................................................ 50 

South Atlantic Swordfish Quota (mt dw): 

Baseline Quota .................................................................................................. 75.2 ......................................................... 75.2 

International Quota Transfers* .......................................................................... (¥) 75.2 .................................................. (¥) 75.2 

Total Underharvest from Previous Year ........................................................... 75.1 ......................................................... 75.1 

Underharvest Carryover from Previous Year+ .................................................. 75.1 ......................................................... 75.1 


sradovich on DSK3GMQ082PROD with RULES
37448 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 

TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued 

2017 2018 

Adjusted quota .................................................................................................. 75.1 ......................................................... 75.1 

+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for 

the South Atlantic. 

* Under Recommendation 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Coˆte 

d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). 

Classification 

The Assistant Administrator for 

NMFS (AA) has determined that this 

temporary final rule is consistent with 

the Magnuson-Stevens Act, the 2006 

Consolidated Atlantic HMS FMP and its 

amendments, other provisions of the 

Magnuson-Stevens Act, ATCA, and 

other applicable law. Pursuant to 

section 553(b)(B) of the Administrative 

Procedure Act (5 U.S.C. 553(b)(B)), the 

AA finds that it would be unnecessary 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the reasons described below. 

In the 2016 North and South Atlantic 

Swordfish Quota Adjustment Rule (81 

FR 48719, July 26, 2016), NMFS 

announced the intent to no longer issue 

proposed and final specifications/rules 

for North and South Atlantic swordfish 

quota adjustments in cases where the 

quota adjustment simply follows 

previously codified and analyzed 

formulas. Public comments on this 

process change were generally 

supportive; as a result, in 2017, NMFS 

issued a temporary final rule to adjust 

the swordfish quota. 

This action to adjust the 2018 North 

and South Atlantic Swordfish quotas 

applies the formula that the public 

received notice of in the 2016 North and 

South Atlantic Swordfish Quota 

Adjustment Rule, using the best 

available data regarding 2017 catch and 

underharvest, and calculating allowable 

underharvest consistent with ICCAT 

recommendations. The rulemaking for 

the 2016 North and South Atlantic 

Swordfish Quota Adjustment Rule 

specifically provided prior notice of, 

and accepted public comment on, these 

formulaic quota adjustment processes 

and the manner in which they occur. 

The application of this formula in this 

action does not have discretionary 

aspects requiring additional agency 

consideration and thus it would be 

unnecessarily duplicative to accept 

public comment for this action. Because 

there are no new quotas for 2018 and 

the quota formula is the same as in 

previous years, NMFS is issuing this 

temporary final rule to adjust the North 

and South Atlantic swordfish quotas for 

2018. 

This action is being taken under 

§ 635.27(c) and is exempt from review 

under Executive Order 12866. 

This action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

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

et seq. 

Dated: July 26, 2018. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–16388 Filed 7–31–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170817779–8161–02] 

RIN 0648–XG114 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Western Aleutian district (WAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI) by vessels 

participating in the BSAI trawl limited 

access fishery. This action is necessary 

to prevent exceeding the 2018 total 

allowable catch (TAC) of Pacific ocean 

perch in the WAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 27, 2018, through 2400 

hrs, A.l.t., December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 2018 TAC of Pacific ocean perch, 

in the WAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 161 metric 

tons by the final 2018 and 2019 harvest 

specifications for groundfish in the 

BSAI (83 FR 8365, February 27, 2018). 

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 Pacific 

ocean perch in the WAI by vessels 

participating in the BSAI trawl limited 

access fishery. While this closure is 

effective, 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 a 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 the Pacific ocean 

perch directed fishery in the WAI for 

vessels participating in the BSAI trawl 


sradovich on DSK3GMQ082PROD with RULES