72552 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0525; FRL–9920–17– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Redesignation of the 

Harrisburg-Lebanon-Carlisle-York 

Nonattainment Areas to Attainment for 

the 1997 Annual and the 2006 24-Hour 

Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the 

Commonwealth of Pennsylvania’s 

requests to redesignate to attainment the 

Harrisburg-Lebanon-Carlisle-York 

nonattainment areas (hereafter ‘‘the 

Areas’’) for the 1997 annual and 2006 

24-hour fine particulate matter (PM2.5) 

national ambient air quality standard 

(NAAQS). EPA is also determining that 

the Areas continue to attain the 1997 

annual and the 2006 24-hour PM2.5

NAAQS. EPA is also approving as 

revisions to the Pennsylvania State 

Implementation Plan (SIP) the 

associated maintenance plans to show 

maintenance of the 1997 annual and 

2006 24-hour PM2.5 NAAQS through 

2025 for the Areas. The maintenance 

plans include the 2017 and 2025 PM2.5

and nitrogen oxides (NOX) mobile 

vehicle emissions budgets (MVEBs) for 

the Areas for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. EPA is 

finding the 2017 and 2025 PM2.5 and 

NOX MVEBs adequate for transportation 

conformity purposes and is finalizing 

the approval of the budgets. 

Furthermore, EPA is approving as 

revisions to the Pennsylvania SIP the 

2007 base year emissions inventory for 

the Areas for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. 

DATES: This final rule is effective on 

December 8, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2014–0525. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 17, 2014 (79 FR 62389), 

EPA published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania that 

included proposals for several 

rulemaking actions. First, EPA proposed 

to find that the Areas met the 

requirements for redesignations from 

nonattainment to attainment for the 

1997 annual and the 2006 24-hour PM2.5

NAAQS under section 107(d)(3)(E) of 

the Clean Air Act (CAA). Second, EPA 

proposed approval of the associated 

maintenance plans for the Areas 

submitted on April 22, 2014, as 

revisions to the Pennsylvania SIP 

because they meet the requirements of 

section 175A of the CAA. Third, EPA 

proposed approval of the 2007 base year 

emissions inventory as meeting the 

requirements of section 172(a)(3) of the 

CAA. Fourth, EPA proposed approval of 

the 2017 and 2025 PM2.5 and NOX

MVEBs submitted by Pennsylvania for 

Cumberland, Dauphin, Lebanon, and 

York Counties for transportation 

conformity purposes. Details of 

Pennsylvania’s submittal and the 

rationale for EPA’s proposed actions are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

As stated in the NPR, EPA’s proposed 

approvals were contingent upon the 

U.S. Court of Appeals for the District of 

Columbia (D.C. Circuit Court) granting 

EPA’s June 26, 2014 motion to lift the 

stay of the Cross State Air Pollution 

Rule (CSAPR). Following a favorable 

decision from the Supreme Court on 

April 29, 2014, EPA v. EME Homer City 

Generation, L.P., 134 S. Ct. 1584 (2014), 

EPA filed a motion asking the D.C. 

Circuit Court to lift the stay and toll all 

deadlines in CSAPR by three years, and 

on October 23, 2014, the D.C. Circuit 

Court granted EPA’s motion. EME 

Homer City Generation, L.P. v. EPA, No. 

11–1302 (D.C. Cir. Oct. 23, 2014), ECF 

No. 1518738 at 3. 

EPA plans to take administrative 

action to amend the regulatory text of 

CSAPR to reflect the D.C. Circuit Court’s 

October 23, 2014 order tolling all 

deadlines in CSAPR by three years, 

including provisions governing the 

sunsetting of the Clean Air Interstate 

Rule (CAIR). CAIR will therefore sunset 

at the end of 2014 and be replaced by 

CSAPR beginning January 1, 2015. 

Relative to CAIR, CSAPR requires 

similar or greater emission reductions 

from relevant upwind areas starting in 

2015 and beyond. The emission 

reductions associated with CAIR that 

helped the Areas achieve attainment of 

the 1997 annual and 2006 24-hour PM2.5

NAAQS can therefore be considered 

permanent and enforceable for purposes 

of redesignation under section 

107(d)(3)(E)(iii) of the CAA. 

II. Final Action 

EPA is approving the redesignation of 

the Areas from nonattainment to 

attainment for the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. EPA has 

evaluated Pennsylvania’s redesignation 

requests and determines that the Areas 

meet the redesignation criteria set forth 

in section 107(d)(3)(E) of the CAA. EPA 

finds that the monitoring data 

demonstrate that the Areas have 

attained the 1997 annual and the 2006 

24-hour PM2.5 NAAQS. EPA also finds 

that the attainment of the Areas is in 

part due to the emissions reductions 

resulting from the implementation of 

CAIR in Pennsylvania and in the states 

upwind of Pennsylvania. As stated 

previously, EPA intends to commence 

implementation of CSPAR beginning on 

January 1, 2015 and those emission 

reductions originally required under 

CAIR will be permanent and enforceable 

through the implementation of CSAPR. 

EPA is determining that the Areas 

continue to attain the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS. Final 

approval of these redesignation requests 

would change the designation of: (a) 

Harrisburg-Lebanon-Carlisle and York 

Areas from nonattainment to attainment 

for the 1997 annual PM2.5 NAAQS, and 

(b) Harrisburg-Lebanon-Carlisle-York 

Area from nonattainment to attainment 

for the 2006 24-hour PM2.5 NAAQS. 

EPA is also approving the associated 

maintenance plans for the Areas 

submitted on April 22, 2014, as 

revisions to the Pennsylvania SIP 

because they meet the requirements of 

section 175A of the CAA. In addition, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 72553 

EPA is approving the 2007 base year 

emissions inventory as meeting the 

requirement of section 172(a)(3) of the 

CAA. Furthermore, in this rulemaking 

action, EPA finds adequate and is 

approving the 2017 and 2025 PM2.5 and 

NOX MVEBs submitted by Pennsylvania 

for Cumberland, Dauphin, Lebanon, and 

York Counties for transportation 

conformity purposes. Within 24 months 

from the effective date of EPA’s 

adequacy determination, the 

transportation partners will need to 

demonstrate conformity to the 2017 and 

2025 PM2.5 and NOX MVEBs pursuant to 

40 CFR 93.104(e). 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. A delayed effective 

date is unnecessary due to the nature of 

a redesignation to attainment, which 

eliminates CAA obligations that would 

otherwise apply. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 553(d)(3), 

which allows an effective date less than 

30 days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 

The purpose of the 30-day waiting 

period prescribed in section 553(d) is to 

give affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the 

Commonwealth of Pennsylvania of the 

obligation to comply with 

nonattainment-related planning 

requirements for the Areas pursuant to 

Part D of the CAA and approves certain 

emissions inventories and MVEBs for 

the Areas. For these reasons, EPA finds 

good cause under 5 U.S.C. 553(d) for 

this action to become effective on the 

date of publication of this notice. 

III. Statutory and Executive Order 

A. General Requirements 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act 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 action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 rule 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 6, 2015. 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 approving Pennsylvania’s 

redesignation requests, maintenance 

plans, 2007 base year emissions 

inventory, and MVEBs for 

transportation conformity purposes for 

the Harrisburg-Lebanon-Carlisle and 

York Areas for the 1997 annual PM2.5

NAAQS and the Harrisburg-LebanonCarlisle-York Area for the 2006 24-hour 

PM2.5 NAAQS, may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas. 


tkelley on DSK3SPTVN1PROD with RULES
72554 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 

Dated: November 21, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR parts 52 and 81 are 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. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding two entries 

for 1997 Annual PM2.5 Maintenance 

Plan and one entry for 2006 24-Hour 

PM2.5 Maintenance Plan at the end of 

the table. The added text read as 

follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of nonregulatory SIP 

revision 

Applicable geographic area State submittal 

date EPA approval date Additional explanation 

*******

1997 Annual PM2.5

Maintenance Plan.

Harrisburg-Lebanon-Carlisle 

PM2.5 Nonattainment Area.

4/22/14 12/08/14 [Insert Federal Register citation].See § 52.2036(r) and 

§ 52.2059(k). 

1997 Annual PM2.5

Maintenance Plan.

York PM2.5 Nonattainment Area 4/22/14 12/08/14 [Insert Federal Register citation].See § 52.2036(r) and 

§ 52.2059(l). 

2006 24-Hour PM2.5

Maintenance Plan.

Harrisburg-Lebanon-CarlisleYork PM2.5 Nonattainment 

Area.

4/22/14 12/08/14 [Insert Federal Register citation].See § 52.2036(r) and 

§ 52.2059(m). 

■ 3. Section 52.2036 is amended by 

adding paragraph (r) to read as follows: 

§ 52.2036 Base year emissions inventory. 

* * * * * 

(r) EPA approves as revisions to the 

Pennsylvania State Implementation Plan 

the 2007 base year emissions inventory 

for the Harrisburg-Lebanon-Carlisle and 

York 1997 annual fine particulate matter 

(PM2.5) nonattainment areas, and the 

Harrisburg-Lebanon-Carlisle-York 2006 

24-hour PM2.5 nonattainment area 

submitted by the Pennsylvania 

Department of Environmental Protection 

on April 22, 2014. The emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point, area, nonroad, and onroad 

sources. The pollutants that comprise 

the inventory are nitrogen oxides (NOX), 

volatile organic compounds (VOCs), 

PM2.5, ammonia (NH3), and sulfur 

dioxide (SO2). 

■ 4. Section 52.2059 is amended by 

adding paragraphs (k), (l) and (m) to 

read as follows: 

§ 52.2059 Control strategy: Particular 

matter. 

* * * * * 

(k) EPA approves the maintenance 

plan for the Harrisburg-Lebanon-Carlisle 

nonattainment area for the 1997 annual 

PM2.5 NAAQS submitted by the 

Commonwealth of Pennsylvania on 

April 22, 2014. The maintenance plan 

includes the 2017 and 2025 PM2.5 and 

NOX mobile vehicle emissions budgets 

(MVEBs) for the Dauphin, Lebanon and 

Cumberland Counties to be applied to 

all future transportation conformity 

determination and analyses for the 

Harrisburg-Lebanon-Carlisle 

nonattainment area for the 1997 annual 

PM2.5 NAAQS. 

HARRISBURG-LEBANON-CARLISLE AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN

TONS PER YEAR

Type of control strategy SIP Year PM2.5 NOX

Effective date 

of SIP 

approval 

Maintenance Plan ............................................................................................ 2017 365 10,287 12/08/14 

2025 275 7,024 12/08/14 

(l) EPA approves the maintenance 

plan for the York nonattainment area for 

the 1997 annual PM2.5 NAAQS 

submitted by the Commonwealth of 

Pennsylvania on April 22, 2014. The 

maintenance plan includes the 2017 and 

2025 PM2.5 and NOX mobile vehicle 

emissions budgets (MVEBs) for the York 

County to be applied to all future 

transportation conformity determination 

and analyses for the York nonattainment 

area for the 1997 annual PM2.5 NAAQS. 

YORK AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 1997 ANNUAL PM2.5 NAAQS IN TONS PER YEAR

Type of control strategy SIP Year PM2.5 NOX

Effective date 

of SIP 

approval 

Maintenance Plan ............................................................................................ 2017 192 5,390 12/08/14 

2025 144 3,398 12/08/14 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 72555 

(m) EPA approves the maintenance 

plan for the Harrisburg-CarlisleLebanon-York PM2.5 nonattainment area 

for the 2006 24-hour PM2.5 submitted by 

the Commonwealth of Pennsylvania on 

April 22, 2014. The maintenance plan 

includes the 2017 and 2025 PM2.5 and 

NOX mobile vehicle emissions budgets 

(MVEBs) for the Dauphin, Lebanon, 

Cumberland, and York Counties be 

applied to all future transportation 

conformity determination and analyses 

for the Harrisburg-Carlisle-LebanonYork nonattainment area for the 2006 

24-hour PM2.5 NAAQS. 

HARRISBURG-CARLISLE-LEBANON-YORK AREA’S MOTOR VEHICLE EMISSION BUDGETS FOR THE 2006 24-HOUR PM2.5

NAAQS IN TONS PER YEAR

Type of control strategy SIP Year PM2.5 NOX

Effective date 

of SIP 

approval 

Maintenance Plan ............................................................................................ 2017 365 10,287 12/08/14 

2025 275 7,024 12/08/14 

Maintenance Plan ............................................................................................ 2017 76 2,252 12/08/14 

2025 56 1,446 12/08/14 

Maintenance Plan ............................................................................................ 2017 192 5,390 12/08/14 

2025 144 3,398 12/08/14 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 5. The authority citation for part 81 

continues to read as follows: 

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

■ 6. In § 81.339: 

■ a. The 1997 Annual PM2.5 NAAQS 

table is amended by revising the entries 

for the Harrisburg-Lebanon-Carlisle, PA 

and York, PA Areas. 

■ b. The 2006 24-Hour PM2.5 NAAQS 

tables are amended by revising the entry 

for the Harrisburg-Lebanon-CarlisleYork, PA Area. 

The revisions read as follows: 

§ 81.339 Pennsylvania. 

* * * * * 

PENNSYLVANIA—1997 ANNUAL PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Harrisburg-Lebanon-Carlisle, PA: 

Cumberland County ....................................................................................... 12/08/14 Attainment ... ........................ Moderate. 

Dauphin County ............................................................................................. 12/08/14 Attainment ... ........................ Moderate. 

Lebanon County ............................................................................................. 12/08/14 Attainment ... ........................ Moderate. 

* * * * * * * 

York, PA: 

York County ................................................................................................... 12/08/14 Attainment ... ........................ Moderate. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

PENNSYLVANIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

*******

Harrisburg-Lebanon-Carlisle-York, PA: 

Cumberland County ....................................................................................... 12/08/14 Attainment ... ........................ Moderate. 

Dauphin County ............................................................................................. 12/08/14 Attainment ... ........................ Moderate. 

Lebanon County ............................................................................................. 12/08/14 Attainment ... ........................ Moderate. 

York County ................................................................................................... 12/08/14 Attainment ... ........................ Moderate. 

* * * * * * * 

a Includes Indian County located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 


tkelley on DSK3SPTVN1PROD with RULES
72556 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 

* * * * * 

[FR Doc. 2014–28591 Filed 12–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140828724–4992–02] 

RIN 0648–BE23 

Framework Action To Modify the 

Commercial Annual Catch Limit/

Annual Catch Target Regulations for 

Three Individual Fishing Quota 

Species Complexes 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement a framework action to the 

Fishery Management Plan (FMP) for the 

Reef Fish Resources of the Gulf of 

Mexico (Gulf) (Reef Fish FMP) as 

prepared by the Gulf of Mexico Fishery 

Management Council (Council). The 

action modifies the commercial annual 

catch limit (ACL) and annual catch 

target (ACT) regulations for three 

individual fishing quota (IFQ) program 

species complexes in the Gulf. This rule 

clarifies that the established commercial 

quotas are equal to the commercial 

ACTs and adds commercial ACLs to the 

regulations for three IFQ species 

complexes: Other shallow-water grouper 

(Other SWG), deep-water grouper 

(DWG), and tilefishes. The purpose of 

this rule is to optimize allowable 

harvest of IFQ species in the Gulf, while 

preventing overfishing, in accordance 

with National Standard 1 of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: This rule is effective January 7, 

2015. 

ADDRESSES: Electronic copies of the 

framework action, which includes a 

regulatory impact review and a 

Regulatory Flexibility Act analysis, may 

be obtained from the Southeast Regional 

Office Web site at http://

sero.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, Southeast Regional Office, 

telephone: 727–824–5305. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the fisheries for 

Gulf Reef Fish Resources, which 

includes the complexes for Other SWG, 

DWG, and tilefishes, under the Reef 

Fish FMP. Other SWG includes black 

grouper, scamp, yellowmouth grouper, 

yellowfin grouper; DWG includes 

warsaw grouper, snowy grouper, 

speckled hind, yellowedge grouper; and 

tilefishes include golden tilefish, 

blueline tilefish, and goldface tilefish. 

The Reef Fish FMP is implemented 

under the authority of the MagnusonStevens Act by regulations at 50 CFR 

part 622. All weights specified in this 

rule are in gutted weight. 

On October 1, 2014, NMFS published 

a proposed rule for this framework 

action and requested public comment 

(79 FR 59204). The proposed rule and 

framework action outline the rationale 

for the actions contained in this final 

rule. This final rule clarifies that the 

commercial quotas for the Other SWG, 

DWG, and tilefishes complexes are 

equal to the commercial ACTs specified 

in the Generic Annual Catch Limit/

Accountability Measures Amendment 

(Generic ACL Amendment) and adds 

commercial ACLs to the regulations for 

these same three complexes. This final 

rule also removes outdated quotas for 

these species complexes. 

Comments and Responses 

NMFS received one comment letter 

on the proposed rule from a commercial 

fishing organization. The comment and 

NMFS’ response is summarized below. 

Comment: The commercial quotas 

should be set equivalent to the ACL, not 

the ACT, because they are managed 

under a highly functioning and certain 

IFQ program. The present commercial 

IFQ program for SWG, DWG, and 

tilefish demonstrates that management 

uncertainty is effectively zero and 

therefore setting the commercial quota 

for these species complexes at their 

ACLs rather than their ACTs is justified. 

Response: NMFS disagrees that the 

commercial quotas for IFQ species 

complexes should be set equal to the 

ACLs and not the ACTs. At the June 

Council meeting, the Council voted to 

use the ACL/ACT control rule adopted 

in the Generic ACL Amendment and 

retain the 4 percent buffer between the 

ACL and ACT for species in the IFQ 

program. Using the ACL/ACT control 

rule results in a recommended 4 percent 

buffer because of the uncertainty in 

managing stock complexes. While the 

aggregate quota is unlikely to be 

exceeded in an IFQ program, there is 

less control over the individual stocks 

within the aggregate. The Other SWG 

complex and DWG complex each 

consist of four stocks, and the tilefish 

complex consists of three stocks. If the 

proportion of each stock that makes up 

the landings changes, it may be possible 

to overfish a single stock within the 

complex even when the aggregate quota 

is not exceeded. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined that this final rule is 

necessary for the conservation and 

management of Gulf reef fish and is 

consistent with the framework action, 

the FMP, the Magnuson-Stevens Act 

and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification was published in the 

proposed rule and is not repeated here. 

NMFS received one comment on the 

proposed rule concerning the decision 

to keep the commercial quota at the 

commercial ACT level, which does not 

affect the current level of landings. 

Therefore, the basis for the certification 

that this final rule would not have any 

impact on small entities has not 

changed. Accordingly, a regulatory 

flexibility analysis was not required and 

none was prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Gulf of Mexico, 

Individual fishing quota. 

Dated: November 25, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.39, paragraphs (a)(1)(ii) and 

(a)(1)(iii)(A) are revised to read as 

follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Deep-water groupers (DWG) have 

a combined quota, as specified in 

paragraphs (a)(1)(ii)(A) through (C) of 


tkelley on DSK3SPTVN1PROD with RULES