22678 Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 

Thus, Executive Order 13175 does not 

apply to this rule. 

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 rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (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 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

rulemaking. 

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 rule 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). This rule 

will be effective on May 17, 2012. 

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 June 18, 2012. 

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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: February 15, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(84)(i)(M) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(84) * * * 

(i) * * * 

(M) Rule 5–24–1032, ‘‘Federally 

Enforceable Minimum Standard of 

Performance—Process Particulate 

Emissions,’’ codified February 22, 1995. 

* * * * * 

[FR Doc. 2012–9069 Filed 4–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110707371–2136–02] 

RIN 0648- XB145 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Closure of the 

Trimester 1 Longfin Squid Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the directed fishery for longfin squid 

(longfin) in the Exclusive Economic 

Zone (EEZ) for the remainder of 

Trimester 1, effective 0001 hours, April 

17, 2012. Vessels issued a Federal 

permit to harvest longfin may not fish 

for, possess, or land more than 2,500 lb 

(1.13 mt) of longfin per trip for the 

remainder of Trimester 1 (through April 

30, 2011). This action is necessary to 

prevent the longfin fishery from 

exceeding the butterfish mortality cap 

for Trimester 1. 

DATES: Effective 0001 hours, April 17, 

2012, through 2400 hours, April 30, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman, Fishery Management 

Specialist, 978–675–2179, Fax 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the longfin and 

butterfish fisheries are found at 50 CFR 

part 648. The regulations require 

specifications for maximum sustainable 

yield, initial optimum yield, allowable 

biological catch (ABC), domestic annual 

harvest (DAH), domestic annual 

processing, joint venture processing, 

and total allowable levels of foreign 

fishing for the species managed under 

the Atlantic Mackerel, Squid, and 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules and Regulations 22679 

Butterfish Fishery Management Plan 

(FMP). The procedures for setting the 

annual initial specifications are 

described in § 648.22. 

The longfin DAH for the 2012 fishing 

year (FY) is 22,220 mt, and is allocated 

into three trimesters: Trimester 1 

(January 1–April 30) is allocated 43 

percent of the quota (9,555 mt); 

Trimester 2 (May 1–August 31) is 

allocated 17 percent of the quota (3,777 

mt); and Trimester 3 (September 1– 

December 31) is allocated 40 percent of 

the quota (8,888 mt) (77 FR 16472, 

March 21, 2012). 

The regulations also require the 

specification of a butterfish mortality 

cap in the longfin fishery, which is 

equal to 75 percent of the butterfish 

ABC, and accounts for all butterfish 

discards and landings caught on trips 

that land over 2,500 lb (1.13 mt) of 

longfin. The remaining 25 percent of the 

butterfish ABC is allocated for butterfish 

landed in the directed longfin fishery, as 

well as in other fisheries, including trips 

landing less than 2,500 lb (1.13 mt) of 

longfin. The butterfish ABC for FY 2012 

is 1,811 mt, which corresponds to a 

butterfish mortality cap of 1,436 mt (75 

percent of 1,811 mt). The butterfish 

mortality cap is also allocated by 

trimester: Trimester 1 is allocated 65 

percent of the butterfish mortality cap 

(933.4 mt); Trimester 2 is allocated 3.3 

percent (47.4 mt); and Trimester 3 is 

allocated 31.7 percent (455.2 mt). 

Section 648.24 requires NMFS to 

close the directed longfin fishery in the 

EEZ when 80 percent of the Trimester 

I butterfish mortality cap (747 mt) is 

projected to be harvested. NMFS is 

further required to notify, in advance of 

the closure, the Executive Directors of 

the Mid-Atlantic, New England, and 

South Atlantic Fishery Management 

Councils; mail notification of the 

closure to all holders of longfin permits 

at least 72 hr before the effective date of 

the closure; and publish notification of 

the closure in the Federal Register. 

This action announces that NMFS has 

determined, based on catch data from 

observed trips, dealer reports, and other 

available information, that 80 percent of 

the Trimester 1 butterfish mortality cap 

is projected to be harvested. Therefore, 

effective 0001 hours, April 17, 2012, the 

Trimester 1 directed longfin fishery is 

closed and vessels issued Federal 

permits for longfin may not retain or 

land more than 2,500 lb (1.13 mt) of 

longfin per trip or calendar day. The 

directed fishery will reopen at 0001 

hours, May 1, 2012. 

Classification 

This action is required by 50 CFR part 

648, and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

impracticable and contrary to the public 

interest. This action closes the Trimester 

1 directed longfin fishery through April 

30, 2012, under current regulations. The 

regulations at § 648.24 require such 

action to ensure that longfin vessels do 

not exceed the 2012 Trimester 1 

butterfish mortality cap. Data indicating 

the longfin fleet will have landed at 

least 80 percent of the 2012 butterfish 

mortality cap on trips that land 2,500 lb 

or more of longfin have only recently 

become available. If implementation of 

this closure is delayed to solicit prior 

public comment, the butterfish 

mortality cap for Trimester 1 will be 

exceeded, thereby undermining the 

conservation objectives of the FMP. 

Such overage would have to be 

deducted from that portion of the 

bycatch cap allocated to Trimester 3. 

This would have adverse economic 

consequences for those that fish for 

longfin in the fall. The AA further finds, 

pursuant to 5 U.S.C. 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

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

Dated: April 12, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9230 Filed 4–12–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 100804324–1265–02] 

RIN 0648–BC02 

Magnuson-Stevens Act Provisions; 

Fisheries off West Coast States; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures; request for comments. 

SUMMARY: This final rule announces 

inseason changes to management 

measures in the Pacific Coast groundfish 

fisheries. These actions, which are 

authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), are intended to allow fisheries to 

access more abundant groundfish stocks 

while protecting overfished and 

depleted stocks. 

DATES: Effective 0001 hours (local time) 

May 1, 2012. Comments on this final 

rule must be received no later than May 

17, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS docket number 

NOAA–NMFS–2010–0194 by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 206–526–6736, Attn: Colby 

Brady 

• Mail: William W. Stelle, Jr., 

Regional Administrator, Northwest 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Colby Brady. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Colby Brady (Northwest Region, NMFS), 

phone: 206–526–6117, fax: 206–526– 

6736, colby.brady@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpo.gov/fdsys/search/home.action. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 


wreier-aviles on DSK5TPTVN1PROD with RULES