Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3361 

280.33 Compatibility. 

280.34 Repairs and replacements, except 

as applied to ‘‘dispenser(s)’’ in (g), (h), 

and (i). 

280.35 Reporting recordkeeping, except 

as applied to ‘‘dispensers’’ in (a)(4); and 

except as applied to ‘‘shear valves’’ in 

(b)(1). 

280.37 Operator training. 

280.38 Operation and maintenance 

walkthrough inspections, except for 

(b)(1)(iii). 

Rule 2.4 Leak Detection 

280.40 General requirements for all UST 

systems. 

280.41 Requirements for petroleum UST 

systems. 

280.42 Requirements for hazardous 

substance UST systems. 

280.43 Methods of leak detection for 

tanks. 

280.44 Methods of leak detection for 

piping. 

280.45 Leak detection recordkeeping. 

Rule 2.5 Leak Reporting, Release Reporting, 

Investigation, and Confirmation 

280.50 Reporting of leaks and suspected 

releases. 

280.51 Investigation due to off-site 

impacts. 

280.52 Release investigation and 

confirmation steps. 

280.53 Reporting and cleanup of spills 

and overfills. 

Rule 2.6 Release Response and Corrective 

Action for UST Systems Containing 

Petroleum or Hazardous Substances 

280.60 General. 

280.61 Initial response. 

280.62 Initial abatement measures and 

site check. 

280.63 Initial site characterization. 

280.64 Free product removal. 

280.65 Investigations for soil and groundwater cleanup. 

280.66 Corrective action plan. 

Rule 2.7 Out-of-Service UST Systems and 

Closure 

280.70 Temporary closure. 

280.71 Permanent closure and changesin-service. 

280.72 Assessing the site at closure or 

change-in-service. 

280.73 Applicability to previously closed 

UST systems. 

280.74 Closure records. 

Rule 2.8 Financial Responsibility 

280.90 Applicability. 

280.91 Compliance dates, except for 

‘‘including Indian tribes’’ in (e), and (f). 

280.92 Definition of terms, except for 

‘‘and includes Indian tribes’’ from the 

definition of ‘‘Local government.’’ 

280.93 Amount and scope of required 

financial responsibility. 

280.94 Allowable mechanisms and 

combinations of mechanisms. 

280.95 Financial test of self-insurance. 

280.96 Guarantee. 

280.97 Insurance and risk retention group 

coverage. 

280.98 Surety bond. 

280.99 Letter of credit. 

280.101 State fund or other State 

assurance. 

280.102 Trust fund. 

280.103 Standby trust fund. 

280.104 Local government bond rating 

test. 

280.105 Local government financial test. 

280.106 Local government guarantee. 

280.107 Local government fund. 

280.108 Substitution of financial 

assurance mechanisms by owner or 

operator. 

280.109 Cancellation or nonrenewal by a 

provider of financial assurance. 

280.110 Reporting by owner or operator. 

280.111 Recordkeeping. 

280.112 Drawing on financial assurance 

mechanisms. 

280.113 Release from the requirements. 

280.114 Bankruptcy or other incapacity 

of owner or operator or provider of 

financial assurance. 

280.115 Replenishment of guarantees, 

letters of credit, or surety bonds. 

280.116 Suspension of enforcement. 

[Reserved] 

Rule 2.9 Lender Liability 

280.120 Definitions. 

280.121 Participation in management. 

280.122 Ownership of an underground 

storage tank or underground storage tank 

system or facility or property on which 

an underground storage tank or 

underground storage tank system is 

located. 

280.123 Operating an underground 

storage tank or underground storage tank 

system. 

Rule 2.10 UST Systems with FieldConstructed Tanks and Airport Hydrant 

Fuel Distribution Systems. 

280.130 Definitions. 

280.131 General requirements. 

280.132 Additions, exceptions, and 

alternatives for UST systems with fieldconstructed tanks and airport hydrant 

systems. 

Note to paragraph (b) of Appendix A to 

Part 282. 11 Miss. Admin. Code Pt. 5, Ch. 2, 

280.42(b)(5) is approved as part of the UST 

Program only to the extent that Mississippi 

will not allow alternate release detection 

methods for hazardous substance UST 

systems installed on or after October 13, 

2015. Sections 40 CFR 281.33(e) and 

280.42(e) of the Federal regulations only 

allow alternate release detection methods for 

hazardous substance UST systems installed 

prior to October 13, 2015. Mississippi’s 

section 280.42(b)(5) does not contain an 

analogous limitation on the use of alternative 

release detection methods. In practice, MDEQ 

does not allow alternative release detection 

methods for hazardous substance tanks 

installed after October 1, 2008. In a 

subsequent rulemaking, MDEQ will revise 11 

Miss. Admin. Code Pt. 5, Ch. 2, R. 2.4, 

section 280.42(b)(5) to clarify this point. 

(C) Copies of the Mississippi statutes and

regulations that are incorporated by reference 

are available from the Mississippi 

Department of Environmental Quality, P.O. 

Box 2261, Jackson, MS 29335; Phone 

number: (601) 961–5171; website: https://

www.mdeq.ms.gov/water/groundwaterassessment-and-remediation/undergroundstorage-tanks/. 

[FR Doc. 2024–00171 Filed 1–17–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD628] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

General Category January Through 

March Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 20.5 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the General category 

December 2024 subquota to the January 

through March 2024 subquota period. 

The adjusted General category January 

through March 2024 subquota is 58.2 

mt. This action provides further 

opportunities for General category 

fishermen to participate in the January 

through March General category fishery, 

based on consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

would affect Atlantic Tunas General 

category (commercial) permitted vessels 

and Atlantic Highly Migratory Species 

(HMS) Charter/Headboat permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. 

DATES: Effective January 12, 2024, 

through March 31, 2024. 

FOR FURTHER INFORMATION CONTACT: Ann 

Williamson, ann.williamson@noaa.gov, 

or Larry Redd, Jr., larry.redd@noaa.gov, 

at 301–427–8503. 

SUPPLEMENTARY INFORMATION: BFT 

fisheries are managed under the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) and its amendments, 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and consistent with the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.). HMS 

implementing regulations are at 50 CFR 

part 635. Section 635.27 divides the 

U.S. BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 


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3362 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 mt (not including the 25 mt 

ICCAT allocated to the United States to 

account for bycatch of BFT in pelagic 

longline fisheries in the Northeast 

Distant Gear Restricted Area). The 

baseline quota for the General category 

is 710.7 mt. The General category 

baseline quota is suballocated to 

different time periods. Relevant to this 

action, the baseline subquotas for the 

January through March time-period and 

for the December time-period are 37.7 

mt and 37.0 mt, respectively. 

Transfer From the December 2024 

Subquota to the January Through 

March 2024 Subquota 

Under § 635.27(a)(1)(ii), NMFS has 

the authority to transfer subquota from 

one time period to another time period 

through inseason action after 

considering determination criteria 

provided under § 635.27(a)(7). This 

section focuses on the calculations 

involved in transferring quota available 

from the 2024 General category 

December time period subquota to the 

2024 General category January through 

March time period subquota; the 

consideration of the determination 

criteria can be found below after this 

section. 

As stated above, the baseline 

subquotas for the January through 

March time-period and for the 

December time-period are 37.7 mt and 

37.0 mt, respectively. Transferring 20.5 

mt from the General category December 

time period to the General category 

January through March time period, 

results in an adjusted January through 

March time period subquota of 58.2 mt 

(37.7 mt + 20.5 mt = 58.2 mt), and an 

adjusted December time period 

subquota of 16.5 mt (37 mt ¥ 20.5 mt 

= 16.5 mt). The General category quota 

is available for use by Atlantic Tunas 

General category (commercial) 

permitted vessels and HMS Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT. 

In summary, this transfer results in an 

adjusted January through March 2024 

time period subquota of 58.2 mt and an 

adjusted December 2024 subquota of 

16.5 mt. The General category fishery 

will remain open until March 31, 2024, 

or until the adjusted General category 

quota is reached, whichever comes first. 

Consideration of the Relevant 

Determination Criteria 

NMFS has considered all of the 

relevant determination criteria and their 

applicability to this inseason quota 

transfer. These considerations include, 

but are not limited to, the following: 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(7)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by tuna dealers provide NMFS 

with valuable parts and data for ongoing 

scientific studies of BFT age and 

growth, migration, and reproductive 

status. Additional opportunity to land 

BFT in the General category would 

support the continued collection of a 

broad range of data for these studies and 

for stock monitoring purposes. 

NMFS also considered General 

category catches in the December and 

January through March time periods 

over the last several years and the 

likelihood of closure of the January 

through March segment of the fishery if 

no adjustment is made (§ 635.27(a)(7)(ii) 

and (ix)). Without a quota transfer at 

this time, based on recent catch rates in 

comparison to the current available 

quota (37.7 mt), NMFS would likely 

need to close the General category 

fishery shortly. Once the fishery is 

closed, participants would have to stop 

BFT fishing activities while 

commercial-sized BFT remain available 

in the areas where General category 

permitted vessels operate. A quota 

transfer at this time provides limited 

additional opportunities to harvest the 

U.S. BFT quota while avoiding 

exceeding it. 

Regarding the projected ability of the 

vessels fishing under the General 

category quota to harvest the additional 

amount of BFT quota transferred before 

the end of the fishing year 

(§ 635.27(a)(7)(iii)), NMFS considered 

General category landings over the last 

several years and landings to date this 

year. Landings are highly variable and 

depend on access to commercial-sized 

BFT and fishing conditions, among 

other factors. NMFS may adjust each 

time period’s subquota based on 

overharvest or underharvest in the prior 

time period and may transfer subquota 

from one time period to another time 

period. By allowing for the current 

quota adjustment and transfer, NMFS 

anticipates that the General category 

quota would be used before the end of 

the fishing year. This quota transfer 

would allow fishermen to take 

advantage of the availability of BFT that 

are currently on the fishing grounds and 

provide a reasonable opportunity to 

harvest the available U.S. BFT quota. 

NMFS also considered the estimated 

amounts by which quotas for other gear 

categories of the BFT fishery might be 

exceeded (§ 635.27(a)(7)(iv)) and the 

ability to account for all 2024 landings 

and dead discards. In the past few years, 

total U.S. BFT landings have been below 

the available U.S. quota such that the 

United States has carried forward the 

underharvest as allowed by ICCAT from 

one year to the next. NMFS will need 

to account for 2024 landings and dead 

discards within the adjusted U.S. quota, 

consistent with ICCAT 

recommendations, and anticipates 

having sufficient quota to do that. 

NMFS also considered the effects of 

the transfer on the BFT stock and on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP 

(§ 635.27(a)(7)(v) and (vi)). This transfer 

would be with established quotas and 

subquotas, which are implemented 

consistent with ICCAT 

Recommendation 22–10, ATCA, and the 

objectives of the 2006 Consolidated 

HMS FMP and amendments. In 

establishing these quotas and subquotas 

and associated management measures, 

ICCAT and NMFS considered the best 

scientific information available, 

objectives for stock management and 

status, and effects on the stock. This 

quota transfer is in line with the 

established management measures and 

stock status determinations. Another 

principal consideration is the objective 

of providing opportunities to harvest the 

available General category quota 

without exceeding the annual quota, 

based on the objectives of the 2006 

Consolidated HMS FMP and its 

amendments, including to achieve 

optimum yield on a continuing basis 

and to allow all permit categories a 

reasonable opportunity to harvest 

available BFT quota allocations (related 

to § 635.27(a)(7)(x)). Specific to the 

General category, this includes 

providing opportunities equitably across 

all time periods. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. Late 

reporting by dealers compromises 

NMFS’ ability to timely implement 

actions such as quota and retention 

limit adjustments, as well as closures, 

and may result in enforcement actions. 

Additionally, and separate from the 

dealer reporting requirement, General 

category and HMS Charter/Headboat 

vessel owners are required to report the 


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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3363 

catch of all BFT retained or discarded 

dead within 24 hours of the landing(s) 

or the end of each trip, by accessing 

https://www.hmspermits.noaa.gov or by 

using the HMS Catch Reporting app or 

calling 888–872–8862 (Monday through 

Friday from 8 a.m. until 4:30 p.m.). 

Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available quota is not exceeded or to 

enhance scientific data collection from, 

and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 553(b)(B), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to the public 

interest for the following reasons. 

Specifically, the regulations 

implementing the 2006 Consolidated 

HMS FMP and amendments provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Providing for prior notice and 

opportunity to comment is 

impracticable and contrary to the public 

interest as this fishery is currently 

underway and, based on current 

landings information, the available time 

period subquota is projected to be 

reached shortly. Delaying this action 

could result in BFT landings exceeding 

the January through March time period 

subquota. Taking this action does not 

raise conservation and management 

concerns. NMFS notes that the public 

had an opportunity to comment on the 

underlying rulemakings that established 

the U.S. BFT quota and the inseason 

adjustment criteria. 

For all of the above reasons, the AA 

finds that pursuant to 5 U.S.C. 553(d), 

there is good cause to waive the 30-day 

delay in effective date. 

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

et seq. 

Dated: January 11, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–00809 Filed 1–12–24; 4:15 pm] 

BILLING CODE 3510–22–P 


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