Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39037 

the existing Delaware SIP is adequate to 

prevent sources in Delaware from 

significantly contributing to 

nonattainment or interfering with 

maintenance in another state with 

respect to the 2010 1-hour SO2 NAAQS. 

A detailed summary of EPA’s review 

and rationale for proposed approval of 

this SIP revision as meeting CAA 

section 110(a)(2)(D)(i)(I) for the 2010 1- 

hour SO2 NAAQS may be found in the 

TSD. 

III. Proposed Action 

EPA is proposing to approve the 

portions of Delaware’s May 29, 2013 SIP 

revision addressing interstate transport 

for the 2010 1-hr SO2 NAAQS as these 

portions meet the requirements in 

section 110(a)(2)(D)(i)(I) of the CAA. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

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 

CAA 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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 proposed rule, 

addressing Delaware’s interstate 

transport requirements for the 2010 1- 

hour SO2 NAAQS, 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 located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: July 12, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2018–16796 Filed 8–7–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 180208146–8690–01] 

RIN 0648–XG025 

Pacific Island Pelagic Fisheries; 2018 

U.S. Territorial Longline Bigeye Tuna 

Catch Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed specifications; request 

for comments. 

SUMMARY: NMFS proposes a 2018 limit 

of 2,000 metric tons (t) of longlinecaught bigeye tuna for each U.S. Pacific 

territory (American Samoa, Guam, and 

the Commonwealth of the Northern 

Mariana Islands (CNMI)). NMFS would 

allow each territory to allocate up to 

1,000 t each year to U.S. longline fishing 

vessels in a specified fishing agreement 

that meets established criteria. As an 

accountability measure, NMFS would 

monitor, attribute, and restrict (if 

necessary) catches of longline-caught 

bigeye tuna, including catches made 

under a specified fishing agreement. 

The proposed catch limits and 

accountability measures would support 

the long-term sustainability of fishery 

resources of the U.S. Pacific Islands. 

DATES: NMFS must receive comments 

by August 23, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0026, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0026, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on http://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Walker, NMFS PIRO 

Sustainable Fisheries, 808–725–5184. 

SUPPLEMENTARY INFORMATION: NMFS 

proposes to specify a 2018 catch limit of 

2,000 t of longline-caught bigeye tuna 

for each U.S. Pacific territory. NMFS 

would also authorize each U.S. Pacific 

territory to allocate up to 1,000 t of its 

2,000 t bigeye tuna limit to U.S. longline 

fishing vessels that are permitted to fish 

under the Fishery Ecosystem Plan for 

Pelagic Fisheries of the Western Pacific 

(FEP). Those vessels must be identified 

in a specified fishing agreement with 


amozie on DSK3GDR082PROD with PROPOSALS
39038 Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 

the applicable territory. The Western 

Pacific Fishery Management Council 

recommended these specifications. The 

proposed catch and allocation limits 

and accountability measures are 

identical to those specified for U.S. 

territories in each year since 2014 (for 

the most recent example, see 82 FR 

47642, October 13, 2017). 

NMFS will monitor catches of 

longline-caught bigeye tuna by the 

longline fisheries of each U.S Pacific 

territory, including catches made by 

U.S. longline vessels operating under 

specified fishing agreements. The 

criteria that a specified fishing 

agreement must meet, and the process 

for attributing longline-caught bigeye 

tuna, will follow the procedures in 50 

CFR 665.819. When NMFS projects that 

a territorial catch or allocation limit will 

be reached, NMFS would, as an 

accountability measure, prohibit the 

catch and retention of longline-caught 

bigeye tuna by vessels in the applicable 

territory (if the territorial catch limit is 

projected to be reached), and/or vessels 

in a specified fishing agreement (if the 

allocation limit is projected to be 

reached). 

NMFS will consider public comments 

on the proposed action and will 

announce the final specifications in the 

Federal Register. On March 20, 2017, in 

Territory of American Samoa v. NMFS, 

et al. (16–cv–95, D. Haw), a federal 

judge set aside a NMFS rule that 

amended the American Samoa Large 

Vessel Prohibited Area (LVPA) for 

eligible longliners because it did not 

consider under the Deeds of Cession the 

protection of cultural fishing in 

American Samoa. NMFS is appealing 

this decision. However, NMFS invites 

public comments that address the 

impact of this proposed rule on cultural 

fishing in American Samoa. NMFS must 

receive any comments on this rule by 

the date provided in the DATES heading. 

NMFS may not consider any comments 

not postmarked or otherwise 

transmitted by that date. Regardless of 

the final specifications, all other 

existing management measures will 

continue to apply in the longline 

fishery. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the NMFS 

Assistant Administrator for Fisheries 

has determined that this proposed 

specification is consistent with the FEP, 

other provisions of the MagnusonStevens Act, and other applicable laws, 

subject to further consideration after 

public comment. 

Certification of Finding of No 

Significant Impact on Substantial 

Number of Small Entities 

The Chief Counsel for Regulation of 

the Department of Commerce has 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration that these proposed 

specifications, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The proposed action would specify a 

2018 limit of 2,000 t of longline-caught 

bigeye tuna for American Samoa, Guam, 

and the CNMI. NMFS would also allow 

each territory to allocate up to 1,000 t 

of its 2,000 t limit to U.S. longline 

fishing vessels in a specified fishing 

agreement that meets established 

criteria set forth in 50 CFR 665.819. As 

an accountability measure, NMFS 

would monitor, attribute, and restrict (if 

necessary) catches of longline-caught 

bigeye tuna by vessels in the applicable 

U.S. territory (if the territorial catch 

limit is projected to be reached), or by 

vessels operating under the applicable 

specified fishing agreement (if the 

allocation limit is projected to be 

reached). Payments under the specified 

fishing agreements support fisheries 

development in the U.S. Pacific 

territories and the long-term 

sustainability of fishery resources of the 

U.S. Pacific Islands. 

This proposed action would directly 

apply to longline vessels federally 

permitted under the FEP, specifically 

Hawaii, American Samoa, and Western 

Pacific longline permit holders. As of 

May 2018, 145 vessels had Hawaii 

permits and 47 had American Samoa 

permits. No Western Pacific general 

permit has been issued since 2011. 

Based on dealer data collected by the 

State of Hawaii, Hawaii longline vessels 

landed approximately 32.75 million 

pounds (lb) of pelagic fish valued at 

$101.6 million in 2017. With 145 

vessels making either a deep- or 

shallow-set trip in 2017, the ex-vessel 

value of pelagic fish caught by Hawaiibased longline fisheries averaged almost 

$701,000 per vessel. In 2016, American 

Samoa-based longline vessels landed 

approximately 4.5 million lb of pelagic 

fish valued at $4.7 million, where 

albacore made up the largest proportion 

of pelagic longline commercial landings 

at 3.35 million lb. With 18 active 

longline vessels in 2016, the ex-vessel 

value of pelagic fish caught by 

American Samoa fishery averaged about 

$261,111 per vessel. 

NMFS has established a small 

business size standard for businesses, 

including their affiliates, whose primary 

industry is commercial fishing (see 50 

CFR 200.2). A business primarily 

engaged in commercial fishing (NAICS 

code 11411) is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $11 million for 

all its affiliated operations worldwide. 

Based on available information, NMFS 

has determined that all vessels 

permitted federally under the FEP are 

small entities, i.e., they are engaged in 

the business of fish harvesting (NAICS 

114111), are independently owned or 

operated, are not dominant in their field 

of operation, and have annual gross 

receipts not in excess of $11 million. 

Even though this proposed action would 

apply to a substantial number of vessels, 

the implementation of this action would 

not result in significant adverse 

economic impact to individual vessels. 

The proposed action would potentially 

benefit the Hawaii longline fishermen 

by allowing them to fish under specified 

fishing agreements with a territory, 

which could extend fishing effort for 

bigeye tuna in the western Pacific and 

provide more bigeye tuna for markets in 

Hawaii and elsewhere. 

In accordance with Federal 

regulations at 50 CFR part 300, subpart 

O, vessels that possess both an 

American Samoa and Hawaii longline 

permit are not subject to the U.S bigeye 

tuna limit. Therefore, these vessels may 

retain bigeye tuna and land fish in 

Hawaii after the date NMFS projects the 

fishery would reach that limit. Further, 

catches of bigeye tuna made by such 

vessels are attributed to American 

Samoa, provided the fish was not caught 

in the U.S. EEZ around Hawaii. In 2017, 

all dual American Samoa/Hawaii 

longline permitted vessels were 

included in the fishing agreement with 

the CNMI and American Samoa. 

Therefore, NMFS attributed bigeye 

catches by those vessels to the two 

territories. 

The 2018 U.S. bigeye tuna catch limit 

is 3,554 t, which is the same limit in 

place for 2016 and higher than the limit 

for 2017. NMFS established this limit 

through a separate action (83 FR 33851, 

July 17, 2018). Based on preliminary 

logbook data, NMFS expects the fishery 

to reach this limit by mid-October 2018. 

Through this action, Hawaii-based 

longline vessels could potentially enter 

into one or more fishing agreements 

with participating territories. This 

would enhance the ability of these 

vessels to extend fishing effort in the 

western and central Pacific Ocean after 

reaching the 2018 U.S. limit and 

provide more bigeye tuna for markets in 

Hawaii. Providing opportunity to land 


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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Proposed Rules 39039 

bigeye tuna in Hawaii in the last quarter 

of the year when market demand is high 

will result in positive economic benefits 

for fishery participants and net benefits 

to the nation. Allowing participating 

territories to enter into specified fishing 

agreements under this action provides 

benefits to the territories by providing 

funds for territorial fisheries 

development projects. Establishing a 

2,000 t longline limit for bigeye tuna 

where territories are not subject to 

Western and Central Pacific Fisheries 

Commission longline limits is not 

expected to adversely affect vessels 

based in the territories. 

Historical catch of bigeye tuna by the 

American Samoa longline fleet has been 

less than 2,000 t, even including the 

catch of vessels based in American 

Samoa, catch by dual permitted vessels 

that land their catch in Hawaii, and 

catch attributed to American Samoa 

from U.S. vessels under specified 

fishing agreements. With regard to 

Guam and the CNMI, no longline fishing 

has occurred since 2011. 

Under the proposed action, longline 

fisheries managed under the FEP are not 

expected to expand substantially nor 

change the manner in which they are 

currently conducted, (i.e., area fished, 

number of vessels longline fishing, 

number of trips taken per year, number 

of hooks set per vessel during a trip, 

depth of hooks, or deployment 

techniques in setting longline gear), due 

to existing operational constraints in the 

fleet, the limited entry permit programs, 

and protected species mitigation 

requirements. The proposed rule does 

not duplicate, overlap, or conflict with 

other Federal rules and is not expected 

to have significant impact on small 

organizations or government 

jurisdictions. Furthermore, there would 

be little, if any, disproportionate adverse 

economic impacts from the proposed 

rule based on gear type, or relative 

vessel size. The proposed rule also will 

not place a substantial number of small 

entities, or any segment of small 

entities, at a significant competitive 

disadvantage to large entities. 

For the reasons above, NMFS does not 

expect the proposed action to have a 

significant economic impact on a 

substantial number of small entities. As 

such, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

This action is exempt from review 

under E.O. 12866. 

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

Dated: August 2, 2018. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2018–16883 Filed 8–7–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–BH63 

Pacific Island Fisheries; Ecosystem 

Component Species 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

ecosystem plan amendments; request for 

comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend 

the Fishery Ecosystem Plans (FEP) for 

American Samoa, the Mariana 

Archipelago, and Hawaii. Amendment 4 

to the American Samoa FEP, 

Amendment 5 to the Marianas FEP, and 

Amendment 5 to the Hawaii FEP would 

reclassify certain management unit 

species as ecosystem component 

species. The intent of these amendments 

is to focus management efforts on 

species that are in need of conservation 

and management, and improve 

efficiency of fishery management in the 

region. 

DATES: NMFS must receive comments 

on the proposed amendments by 

October 9, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2018–0021, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0021, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

Instructions: NMFS may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. All comments received are a 

part of the public record, and NMFS 

will generally post them for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

The Council prepared Amendment 4 

to the American Samoa FEP, 

Amendment 5 to the Marianas FEP, and 

Amendment 5 to the Hawaii FEP. Those 

amendments, available as a single 

document, include an environmental 

assessment (EA). Copies of the 

amendments and EA, and other 

supporting documents are available at 

https://www.regulations.gov or the 

Council, 1164 Bishop St., Suite 1400, 

Honolulu, HI 96813, tel 808–522–8220, 

fax 808–522–8226, www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Ellgen, Sustainable Fisheries, 

NMFS PIR, 808–725–5173. 

SUPPLEMENTARY INFORMATION: The 

Council established the FEPs for 

American Samoa, the Mariana 

Archipelago, and Hawaii to conserve 

and manage fisheries in the US 

Exclusive Economic Zone (Federal 

waters) in the Pacific Islands. The 

Council developed the FEPs, and NMFS 

implemented the associated regulations, 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

Under the National Standard 

guidelines (50 CFR 600.305 and 

600.310) for the Magnuson-Stevens Act, 

the Council and NMFS manage any fish 

species or stock that generally is a target 

of a Federal fishery and caught 

predominantly in Federal waters. 

Councils develop fishery management 

plans for these species (known as 

management unit species (MUS) that 

describe the fisheries, essential fish 

habitat (EFH), the scientific data 

required for effective implementation of 

the plan, the data that should be 

collected from the fisheries, and other 

required elements. The FEPs specify 

maximum sustainable yield, optimum 

yield, and status determination criteria 

so that overfishing and overfished 

determinations can be made. The 

Council and NMFS are also required to 

set annual catch limits (ACL) and 

accountability measures (AM) for all 

MUS, and the FEPs describe the process 

for specifying ACLs and AMs. 


amozie on DSK3GDR082PROD with PROPOSALS