75504 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 

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 November 15, 2024. 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 9, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 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. In § 52.770, the table in paragraph 

(c) is amended by revising the entry for 

‘‘7–4.1–16’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

7–4.1–16 .................................. Safety-Kleen Oil Recovery Company 

sulfur dioxide emission limitations.

8/11/2023 9/16/2024, [INSERT FIRST PAGE OF 

FEDERAL REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2024–20856 Filed 9–13–24; 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– 

XE277] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category 

September Fishery for 2024 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for Atlantic bluefin 

tuna (BFT) for the remainder of the 

September time period. The General 

category may only retain, possess, or 

land large medium and giant (i.e., 

measuring 73 inches (185 centimeters 

(cm) curved fork length (CFL) or greater) 

BFT when open. This action applies to 

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. 

This action also waives the previously 

scheduled restricted-fishing days (RFDs) 

for the remainder of the September time 

period. With the RFDs waived during 

the closure, fishermen aboard General 

category permitted vessels and HMS 

Charter/Headboat permitted vessels may 

tag and release BFT of all sizes, subject 

to the requirements of catch-and-release 

and tag-and-release programs. On 

October 1, 2024, the fishery will reopen 

automatically and previously scheduled 

RFDs for October will resume. 

DATES: Effective 11:30 p.m., local time, 

September 12, 2024, through September 

30, 2024. 

FOR FURTHER INFORMATION CONTACT: Ann 

Williamson, ann.williamson@noaa.gov, 

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

301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

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(a) divides the U.S. BFT 

quota, established 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 

Act at 16 U.S.C. 1854(g)(1)(D) 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. 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

action for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (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 

per § 635.27(a)(3)). The General category 

baseline quota is 710.7 mt. The General 

category baseline quota is suballocated 

to time periods. Relevant to this action, 

the baseline subquota for the September 

time period is 188.3 mt. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 75505 

Closure of the September 2024 BFT 

General Category Fishery 

To date, reported landings for the BFT 

General category September time period 

total 98.5 mt. Based on these landings 

data, including average daily catch 

rates, as well as anticipated favorable 

fishing conditions in the coming days, 

NMFS has determined that the adjusted 

September time period subquota of 

188.3 mt is projected to be reached and 

exceeded shortly. Therefore, retaining, 

possessing, or landing large medium or 

giant (i.e., measuring 73 inches (185 cm) 

CFL or greater) BFT by persons aboard 

vessels permitted in the Atlantic Tunas 

General category and HMS Charter/ 

Headboat permitted vessels (while 

fishing commercially) must cease at 

11:30 p.m. local time on September 12, 

2024. The BFT General category will 

automatically reopen October 1, 2024, 

for the October through November time 

period. This action applies to Atlantic 

Tunas General category (commercial) 

permitted vessels and HMS Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT and is 

taken consistent with the regulations at 

§ 635.28(a)(1). 

Waiver for Remaining September RFDs 

On May 31, 2024 (89 FR 47095), 

NMFS published a final rule, which 

among other things, implemented RFDs 

every Sunday, Tuesday, Friday, and 

Saturday from July 1 through November 

30, 2024. Since the fishery will be 

closed for the remainder of the 

September time period, NMFS has 

decided to waive the previously 

scheduled RFDs for the remainder of 

that time period. Previously scheduled 

RFDs (i.e., every Sunday, Tuesday, 

Friday, and Saturday) will resume on 

October 1, 2024. 

With the RFDs waived during a 

closure, consistent with § 635.23(a)(7), 

fishermen aboard General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels may tag and 

release BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs described 

at § 635.26. All BFT that are released 

must be handled in a manner that will 

maximize their survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at https://

www.fisheries.noaa.gov/resource/

outreach-and-education/careful-catchand-release-brochure/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fisheries closely. Per 

§ 635.5(b)(2)(i)(A), 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 

and HMS Charter/Headboat category 

vessel owners are required per 

§ 635.5(a)(4) to report their own catch of 

all BFT retained or discarded dead 

within 24 hours of the landing(s) or end 

of each trip, by accessing https://

hmspermits.noaa.gov, using the HMS 

Catch Reporting app, or calling 888– 

872–8862 (Monday through Friday from 

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

After the fishery reopens on October 

1, depending on the level of fishing 

effort and catch rates of BFT at that 

time, NMFS may determine that 

additional adjustments are necessary to 

ensure available subquotas are not 

exceeded or to enhance scientific data 

collection from, and fishing 

opportunities in, all geographic areas as 

specified under § 635.27(a)(7). If 

needed, subsequent adjustments will be 

published in the Federal Register. In 

addition, fishermen may access https:// 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act (16 U.S.C. 1855(d)) and regulations 

at 50 CFR part 635 and this action 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), it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on this action, for the 

following reasons. Specifically, the 

regulations implementing the 2006 

Consolidated HMS FMP and 

amendments provide for inseason 

retention limit adjustments and fishery 

closures 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 an opportunity to comment 

is impracticable and contrary to the 

public interest as this fishery is 

currently underway and, based on the 

most recent landings information, the 

available time period subquota is 

projected to be reached shortly. 

Delaying this action could result in BFT 

landings that exceed the September time 

period subquota, which may result in 

future potential quota reductions for 

other BFT categories, depending on the 

magnitude of a potential overharvest. 

Taking this action does not raise 

conservation and management concerns 

and would support effective 

management of the BFT fishery. 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 

and closure criteria. 

For all of the above reasons, the AA 

also 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: September 11, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–20994 Filed 9–11–24; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 240304–0068; RTID 0648– 

XE270] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from American Fisheries Act (AFA) 

catcher/processor vessels to 

Amendment 80 vessels in the Bering 

Sea and Aleutian Islands management 

area. This action is necessary to allow 

the 2024 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective September 11, 2024, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 


lotter on DSK11XQN23PROD with RULES1