12954 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules and Regulations 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP—Continued 

Name of SIP provision Applicable geographic or nonattainment area State submittal EPA approval date Explanation 

Enforceable commitment for visibility concerning Units 3 and 4 

of the AEP/PSO Northeastern 

plant.

Rogers County ............................. 6/20/2013 3/7/2014 [Insert citation of 

publication].

If a SO2 emission limit of 

0.3 lb/MMBtu is not met 

the State will obtain 

and/or identify additional 

SO2 reductions within 

Oklahoma to the extent 

necessary to achieve 

the anticipated visibility 

benefits estimated by 

the Central Regional Air 

Planning Association 

(CENRAP). 

* * * * * 

■ 3. Amend § 52.1928 by revising 

paragraph (c) and adding paragraph (d) 

to read as follows: 

§ 52.1928 Visibility protection. 

* * * * * 

(c) The SO2 BART requirements for 

Units 4 and 5 of the Oklahoma Gas and 

Electric (OG&E) Muskogee plant, and 

Units 1 and 2 of the OG&E Sooner plant; 

the deficiencies in the long-term 

strategy for regional haze; and the 

requirement for a plan to contain 

adequate provisions to prohibit 

emissions from interfering with 

measures required in another state to 

protect visibility are satisfied by 

§ 52.1923. 

(d) The revision to the Regional Haze 

plan submitted on June 20, 2013 

concerning Units 3 and 4 of the 

American Electric Power/Public Service 

Company of Oklahoma (AEP/PSO) 

Northeastern plant is approved. For this 

source the plan addresses requirements 

for BART and adequate provisions to 

prohibit emissions from interfering with 

measures required in another state to 

protect visibility. As called for in the 

plan if a SO2 emission limit of 0.3 lb/ 

MMBtu is not met the State will obtain 

and/or identify additional SO2

reductions within Oklahoma to the 

extent necessary to achieve the 

anticipated visibility benefits estimated 

by the Central Regional Air Planning 

Association (CENRAP). 

[FR Doc. 2014–03854 Filed 3–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0227; FRL–9906–81– 

OAR] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Oklahoma; Regional Haze and 

Interstate Transport Affecting Visibility 

State Implementation Plan Revisions; 

Withdrawal of Federal Implementation 

Plan for American Electric Power/

Public Service Company of Oklahoma 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

amend a Federal Implementation Plan 

(FIP) for Oklahoma that became 

effective on January 27, 2012, as it 

applies to Units 3 and 4 of the 

Northeastern Power Station in Rogers 

County, Oklahoma, which is operated 

by the American Electric Power/Public 

Service Company of Oklahoma (AEP/

PSO). We are removing the FIP 

requirements for AEP/PSO because, in a 

separate action being published in 

today’s Federal Register, we are taking 

final action to approve revisions to the 

Oklahoma State Implementation Plan 

(SIP), submitted by the Oklahoma 

Department of Environmental Quality 

(ODEQ) to EPA on June 20, 2013, which 

address revised Best Available Retrofit 

Technology (BART) requirements for 

sulfur dioxide (SO2) and oxides of 

nitrogen (NOX) for Units 3 and 4 of 

AEP/PSO’s Northeastern Power Station 

in Rogers County, Oklahoma. The 

revisions (collectively, the ‘‘Oklahoma 

SIP revisions’’) also address the 

requirements of the Clean Air Act (CAA) 

concerning non-interference with 

programs to protect visibility in other 

states. 

DATES: This final rule will be effective 

April 7, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2013–0227. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. A 15 cent per 

page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Terry Johnson (6PD–L), Air Planning 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–L), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2154. Mr. Johnson can also be 

reached via electronic mail at 

johnson.terry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules and Regulations 12955 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What final action is EPA taking? 

III. Responses to Comments Received 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The Oklahoma regional haze (RH) and 

interstate transport (IT) FIP being 

amended by this action was 

promulgated in order to address certain 

deficiencies in Oklahoma’s BART 

determinations concerning the 

appropriate level of control of SO2

emissions for Units 3 and 4 of AEP/

PSO’s Northeastern Power Station, as 

well as Units 4 and 5 of Oklahoma Gas 

and Electric’s (OG&E) Muscogee Plant 

and Units 1 and 2 of the OG&E’s Sooner 

Plant. On December 28, 2011, EPA 

disapproved the SO2 BART 

determinations for all six units and 

simultaneously issued a FIP containing 

a more stringent SO2 BART 

determination (76 FR 81728). In the 

same action, EPA approved the 

Oklahoma IT SIP, except to the extent 

that it relied on the disapproved SO2

BART determinations for the six units 

mentioned above. The FIP containing 

the more stringent SO2 BART 

determinations also satisfied EPA’s FIP 

obligation arising from the disapproval 

of the IT SIP. 

The background for this final rule and 

the separate action also being published 

today that approves the Oklahoma SIP 

revisions is discussed in detail in our 

August 21, 2013 proposal (see 78 FR 

51686). The comment period was open 

for 30 days, and we received 273 

comments in response to our proposed 

action. 

II. What final action is EPA taking? 

We are withdrawing the Oklahoma 

RH and IT FIP at 40 CFR 52.1923, as it 

applies to Units 3 and 4 of AEP/PSO’s 

Northeastern Power Station. Therefore, 

as of the effective date of this final rule, 

the Oklahoma RH and IT FIP will no 

longer apply to AEP/PSO Northeastern 

Power Station. The Oklahoma RH and 

IT FIP provisions applicable to OG&E’s 

Muscogee and Sooner plants are 

unaffected by this action and remain in 

place. 

As explained in our August 21, 2013 

proposal (see 78 FR 51686), this action 

is made possible because of our separate 

action being published in today’s 

Federal Register to approve the 

Oklahoma SIP revisions, which update 

the Oklahoma RH and IT SIP to include 

a revised BART determination for Units 

3 and 4 of AEP/PSO’s Northeastern 

Power Station, as well as an enforceable 

commitment to address any shortfall 

that may occur with respect the 

emission reductions relied upon in the 

IT SIP. EPA has made the determination 

that the Oklahoma RH SIP revision is 

approvable because the plan’s 

provisions meet all applicable 

requirements of the CAA and EPA 

implementing regulations. 

EPA is finalizing this action under 

section 110 and part C of the Act. 

III. Responses to Comments Received 

We received a total of 273 comments 

concerning our proposed action. The 

issues raised in those comment letters 

are summarized, along with our 

response to each, in the separate notice 

being published in today’s Federal 

Register that approves the Oklahoma 

SIP revisions. Copies of the comments 

are available in the docket for this 

rulemaking. (Please see Docket No. 

EPA–R06–OAR–2013–0227 in the 

regulations.gov Web site). 

IV. Statutory and Executive Order 

Reviews 

Withdrawal of the Oklahoma RH and 

IT FIP as it applies to AEP/PSO 

Northeastern Power Station means that 

the Federal plan no longer applies to 

this facility. 

A. Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This FIP withdrawal action for AEP/ 

PSO’s Northeastern Power Station is not 

a ‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to review under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This FIP withdrawal action for AEP/ 

PSO Northeastern Power Station does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. because this FIP 

amendment under section 110 and part 

C of the Clean Air Act will not in-andof itself create any new information 

collection burdens. Because this final 

action does not impose an information 

collection burden, the Paperwork 

Reduction Act does not apply. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to conduct 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule withdraws the FIP for AEP/ 

PSO’s Northeastern Power Station, 

which is not a small entity, and does not 

create any new requirements. After 

considering the economic impact of this 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

will not impose any requirements on 

small entities. 

D. Unfunded Mandates Reform Act 

This FIP withdrawal action for AEP/ 

PSO’s Northeastern Power Station 

contains no Federal mandates under the 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 

2 U.S.C. 1531–1538 for State, local, or 

tribal governments or the private sector. 

This action imposes no enforceable duty 

on any State, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This FIP withdrawal action for AEP/ 

PSO’s Northeastern Power Station is 

also not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. This action removes 

a Federal plan for AEP/PSO’s 

Northeastern Power Station. Small 

governments are not impacted. 

E. Executive Order 13132—Federalism 

This FIP withdrawal action for AEP/ 

PSO Northeastern Power Station does 

not have federalism implications. It will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the State, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

establishes the scheme whereby states 

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12956 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules and Regulations 

take the lead in developing SIPs 

including SIPs to attain the NAAQS and 

to meet other applicable CAA 

requirements including the Best 

Available Retrofit requirements in CAA 

section 169(b)(2)(A) and the Visibility 

Impairment requirements in CAA 

section 110(a)(2)(D)(i)(II). This action 

will not modify this relationship. Thus, 

Executive Order 13132 does not apply 

to this action. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This FIP withdrawal action for AEP/ 

PSO’s Northeastern Power Station does 

not have tribal implications, as specified 

in Executive Order 13175 (65 FR 67249, 

November 9, 2000). In this action, EPA 

is not addressing any Tribal 

Implementation Plans. This action is 

limited to the withdrawal of the 

Oklahoma RH and IT FIP for AEP/PSO’s 

Northeastern Power Station. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the executive 

order has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because EPA is withdrawing 

the Oklahoma RH and IT FIP for AEP/ 

PSO’s Northeastern Power Station, as 

authorized by the CAA. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This FIP withdrawal action for AEP/ 

PSO’s Northeastern Power Station is not 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001) because it is not 

a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This FIP 

withdrawal action for AEP/PSO’s 

Northeastern Power Station does not 

involve technical standards. Therefore, 

EPA did not consider the use of any 

voluntary consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This final rule 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). 

K. Congressional Review Act 

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). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 6, 2014. 

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 section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

dioxide, Visibility, and Volatile organic 

compounds. 

Dated: February 7, 2014. 

Gina McCarthy, 

Administrator. 

Title 40, chapter I, of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1923 is amended by 

revising the section heading, and 

paragraphs (a), (c), and (e)(1) to read as 

follows: 

§ 52.1923 Best Available Retrofit 

Requirements (BART) for SO2 and Interstate 

pollutant transport provisions; What are the 

FIP requirements for Units 4 and 5 of the 

Oklahoma Gas and Electric Muskogee 

plant; and Units 1 and 2 of the Oklahoma 

Gas and Electric Sooner plant affecting 

visibility? 

(a) Applicability. The provisions of 

this section shall apply to each owner 

or operator, or successive owners or 

operators, of the coal burning 

equipment designated as: Units 4 or 5 of 

the Oklahoma Gas and Electric 

Muskogee plant; and Units 1 or 2 of the 

Oklahoma Gas and Electric Sooner 

plant. 

* * * * * 

(c) Definitions. All terms used in this 

part but not defined herein shall have 

the meaning given them in the CAA and 

in parts 51 and 60 of this chapter. For 

the purposes of this section: 

24-hour period means the period of 

time between 12:01 a.m. and 12 

midnight. 

Air pollution control equipment 

includes selective catalytic control 

units, baghouses, particulate or gaseous 

scrubbers, and any other apparatus 

utilized to control emissions of 

regulated air contaminants that would 

be emitted to the atmosphere. 

Boiler-operating-day means any 24- 

hour period between 12:00 midnight 

and the following midnight during 

which any fuel is combusted at any time 

at the steam generating unit. 

Daily average means the arithmetic 

average of the hourly values measured 

in a 24-hour period. 

Heat input means heat derived from 

combustion of fuel in a unit and does 

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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Rules and Regulations 12957 

not include the heat input from 

preheated combustion air, recirculated 

flue gases, or exhaust gases from other 

sources. Heat input shall be calculated 

in accordance with 40 CFR part 75. 

Owner or Operator means any person 

who owns, leases, operates, controls, or 

supervises any of the coal burning 

equipment designated as: 

(i) Unit 4 of the Oklahoma Gas and 

Electric Muskogee plant; or 

(ii) Unit 5 of the Oklahoma Gas and 

Electric Muskogee plant; or 

(iii) Unit 1 of the Oklahoma Gas and 

Electric Sooner plant; or 

(iv) Unit 2 of the Oklahoma Gas and 

Electric Sooner plant. 

Regional Administrator means the 

Regional Administrator of EPA Region 6 

or his/her authorized representative. 

Unit means one of the coal fired 

boilers covered under paragraph (a) of 

this section. 

* * * * * 

(e) * * * 

(1) No later than the compliance date 

in paragraph (b) of this section, the 

owner or operator shall install, calibrate, 

maintain and operate Continuous 

Emissions Monitoring Systems (CEMS) 

for SO2 on Units 4 and 5 of the 

Oklahoma Gas and Electric Muskogee 

plant; and Units 1 and 2 of the 

Oklahoma Gas and Electric Sooner plant 

in accordance with 40 CFR 60.8 and 

60.13(e), (f), and (h), and Appendix B of 

Part 60. The owner or operator shall 

comply with the quality assurance 

procedures for CEMS found in 40 CFR 

part 75. Compliance with the emission 

limits for SO2 shall be determined by 

using data from a CEMS. 

* * * * * 

[FR Doc. 2014–03857 Filed 3–6–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130312235–3658–02] 

RIN 0648–XD117 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for vermilion 

snapper in or from the exclusive 

economic zone (EEZ) of the South 

Atlantic to 500 lb (227 kg), gutted 

weight. This trip limit reduction is 

necessary to protect the South Atlantic 

vermilion snapper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 11, 2014, until 12:01 

a.m., local time, July 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: Catherine.Hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery includes 

vermilion snapper in the South Atlantic 

and is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management 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. 

The commercial ACL (commercial 

quota) for vermilion snapper in the 

South Atlantic is divided into two 6- 

month time periods, and is 401,874 lb 

(182,287 kg), gutted weight (446,080 lb 

(202,338 kg), round weight), for the 

January 1 through June 30, 2014, fishing 

season, and 401,874 lb (182,287 kg), 

gutted weight (446,080 lb (202,338 kg), 

round weight), for the July 1 through 

December 31, 2014, fishing season, as 

specified in 50 CFR 622.190(a)(4)(i)(B) 

and (ii)(B), respectively. 

Under 50 CFR 622.191(a)(6)(ii), NMFS 

is required to reduce the commercial 

trip limit for vermilion snapper from 

1,000 lb (454 kg), gutted weight (1,110 

lb (503 kg), round weight), to 500 lb 

(227 kg), gutted weight (555 lb (252 kg), 

round weight), when 75 percent of the 

fishing season quota is reached or 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register, as implemented 

by the final rule for Regulatory 

Amendment 18 (78 FR 47574, August 6, 

2013). Based on current statistics, NMFS 

has determined that 75 percent of the 

available commercial quota for the 

January 1 through June 30, 2014, fishing 

season, for vermilion snapper will be 

reached on or before March 11, 2014. 

Accordingly, NMFS is reducing the 

commercial trip limit for vermilion 

snapper to 500 lb (227 kg), gutted 

weight (555 lb (252 kg), round weight), 

in or from the South Atlantic EEZ at 

12:01 a.m., local time, on March 11, 

2014. This 500-lb (227-kg), gutted 

weight, trip limit will remain in effect 

until July 1, 2014, or until the quota is 

reached and the commercial sector 

closes, whichever occurs first. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic 

vermilion snapper and is consistent 

with the Magnuson-Stevens Act, the 

FMP, and other applicable laws. 

This action is taken under 50 CFR 

622.191(a)(6) 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. 

This action responds to the best 

available scientific information recently 

obtained from the fishery. Pursuant to 5 

U.S.C. 553(b)(B), the Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirements to provide prior notice 

and the opportunity for public comment 

on this temporary rule. Such procedures 

are unnecessary because the rule itself 

has already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect vermilion snapper 

because the capacity of the fishing fleet 

allows for rapid harvest of the ACL 

(quota). Prior notice and opportunity for 

public comment for this trip limit 

reduction would require time and 

would result in the trip limit reduction 

not being implemented, and increase 

the probability that the commercial ACL 

(commercial quota) will be exceeded. 

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: March 4, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–04991 Filed 3–4–14; 4:15 pm] 

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