10554 Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations 

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. section 804(2). 

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 April 15, 2013. 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, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Visibility, 

and Volatile organic compounds. 

Dated: November 15, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52, chapter I, title 40 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. 

Subpart C—Alaska 

■ 2. Section 52.70 is amended by adding 

paragraph (c)(41) to read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

(41) On April 4, 2011, the Alaska 

Department of Environmental 

Conservation submitted a SIP revision 

to meet the regional haze requirements 

of Clean Air Act sections 169A and 

169B, and Federal Regulations 40 CFR 

51.308, to implement a regional haze 

program in the State of Alaska for the 

first planning period through July 31, 

2018. 

(i) Incorporation by reference. 

(A) The following revised section of 

the Alaska Administrative Rules: Alaska 

Department of Environmental 

Conservation, 18 AAC 50.260, 

‘‘Guidelines for Best Available Retrofit 

Technology under the Regional Haze 

Rule’’, state effective date December 30, 

2007. 

(ii) Additional material. 

(A) The following section of ADEC’s 

air quality control regulations: 18 AAC 

50.030 State Air Quality Control Plan; 

state effective date February 11, 2011; 

Volume II, Section III. F. Open Burning; 

and Volume II, Section III. K. Area Wide 

Pollution Control Program for Regional 

Haze. 

■ 3. Section 52.73 is amended by adding 

paragraph (g) to read as follows: 

§ 52.73 Approval of plans. 

* * * * * 

(g) Visibility protection. (1) EPA 

approves the Regional Haze SIP revision 

submitted by the Alaska Department of 

Environmental Conservation on April 4, 

2011, as meeting the requirements of 

Clean Air Act sections 169A and 169B, 

and Federal Regulations 40 CFR 51.308 

to implement a regional haze program in 

the State of Alaska for the first planning 

period through July 31, 2018. 

(2) [Reserved] 

[FR Doc. 2013–03329 Filed 2–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0064; FRL–9777–8] 

Interim Final Determination To Stay 

and Defer Sanctions, Sacramento 

Metropolitan Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to stay the 

imposition of offset sanctions and to 

defer the imposition of highway 

sanctions based on a proposed approval 

of a revision to the Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD or District) portion 

of the California State Implementation 

Plan (SIP) published elsewhere in this 

Federal Register. The SIP revision 

concerns two permitting rules submitted 

by the SMAQMD: Rule 214, Federal 

New Source Review, and Rule 217, 

Public Notice Requirements for Permits. 

DATES: This interim final determination 

is effective on February 14, 2013. 

However, comments will be accepted 

until March 18, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0064, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. Email: R9airpermits@epa.gov. 

3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http: 

//www.regulations.gov or email. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On July 20, 2011 (76 FR 43183), we 

published a limited approval and 

limited disapproval of SMAQMD Rule 

214 as adopted locally on October 28, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations 10555 

2010 and submitted by the State on 

December 7, 2010. We based our limited 

disapproval action on certain 

deficiencies in the submitted rule. This 

disapproval action started a sanctions 

clock for imposition of offset sanctions 

18 months after August 19, 2011 and 

highway sanctions 6 months later, 

pursuant to section 179 of the Clean Air 

Act (CAA) and our regulations at 40 

CFR 52.31. Under 40 CFR 52.31(d)(1), 

offset sanctions apply eighteen months 

after the effective date of a disapproval 

and highway sanctions apply six 

months after the offset sanctions, unless 

we determine that the deficiencies 

forming the basis of the disapproval 

have been corrected. 

On August 23, 2012, SMAQMD 

adopted an amended version of Rule 

214, which was intended to correct the 

deficiencies identified in our July 20, 

2011 limited approval and limited 

disapproval action. On September 26, 

2012, the State submitted this amended 

rule to EPA. In the Proposed Rules 

section of today’s Federal Register, we 

are proposing to fully approve this rule 

because we believe it corrects the 

deficiencies identified in our July 20, 

2011 disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to stay the 

imposition of the offset sanctions and to 

defer the imposition of the highway 

sanctions that were triggered by our July 

20, 2011 limited disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay/ 

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this final determination 

and our proposed full approval of 

amended SMAQMD Rule 214, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

52.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to stay the imposition of 

the offset sanctions and to defer the 

imposition of the highway sanctions 

associated with SMAQMD Rule 214 (as 

adopted 2010) based on our concurrent 

proposal to approve the State’s SIP 

revision as correcting the deficiencies 

that initiated sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and defer 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and defers Federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action 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. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 

§ 601 et seq.). 

This rule 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). 

This rule does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of 

February 14, 2013. 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 rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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

petitions for judicial review of this 

action must be filed in the United States 

mstockstill on DSK4VPTVN1PROD with RULES

10556 Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations 

Court of Appeals for the appropriate 

circuit by April 15, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which 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 

regulations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: January 29, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–03250 Filed 2–13–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120109034–2171–01] 

RIN 0648–XC456 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Trip Limit Adjustments for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits. 

SUMMARY: This temporary rule increases 

the possession limits for Georges Bank 

cod, Gulf of Maine cod, and Southern 

New England/Mid-Atlantic yellowtail 

flounder for Northeast multispecies 

common pool vessels for the remainder 

of the 2012 fishing year. This rule also 

decreases the trip limits for white hake 

and pollock. This is intended to 

facilitate the harvest of Georges Bank 

cod, Gulf of Maine cod, and Southern 

New England/Mid-Atlantic yellowtail 

flounder to allow the total catch of these 

stocks to approach their pertinent 

common pool sub-annual catch limits 

sub-annual catch limits and prevent the 

overharvest of the white hake and 

pollock sub-annual catch limits. 

DATES: Effective February 11, 2013, 

through April 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fisheries Management 

Specialist, 978–675–2153, Fax 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Northeast 

(NE) multispecies fishery are found at 

50 CFR part 648, subpart F. The 

regulations at § 648.86(o) authorize the 

NE Regional Administrator (RA) to 

adjust the possession limits for common 

pool vessels in order to optimize the 

harvest of NE regulated multispecies by 

preventing the overharvest or 

underharvest of the pertinent common 

pool sub-annual catch limits (ACLs). As 

of January 30, 2013, Gulf of Maine 

(GOM) cod, Georges Bank (GB) cod, and 

Southern New England (SNE)/MidAtlatnic (MA) yellowtail flounder catch 

is well below their respective quotas, 

and conversely, catch of white hake and 

pollock is relatively high with 

approximately 3 months remaining in 

fishing year (FY) 2012. Table 1 includes 

the common pool sub-ACL for each 

stock affected by this action and the 

amount that has been caught as of 

February 7, 2013. 

TABLE 1—SUB-ACLS AND CURRENT CATCH OF FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL

Sub-ACL (lb) Sub-ACL (mt) Percent 

harvested 

GOM Cod ..................................................................................................................................... 176,414 80 35.5 

GB Cod ........................................................................................................................................ 179,489 81 20.3 

SNE/MA Yellowtail Flounder ....................................................................................................... 338,099 153 6.1 

White Hake .................................................................................................................................. 57,896 26 88.7 

Pollock ......................................................................................................................................... 180,323 82 77.8 

Framework Adjustment 47 (FW 47) to 

the NE Multispecies Fishery 

Management Plan (FMP) established the 

current trip limits for the common pool 

vessels fishing under a Category A dayat-sea (DAS) (77 FR 26104). Since then, 

there have been no adjustments to any 

trip limits for any common pool vessels. 

Table 2 contains the current landing 

limit and the new landing limit being 

implemented by this action. 

TABLE 2—THE CURRENT AND NEW TRIP LIMITS FOR FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL

Current DAS limit New DAS limit 

GOM Cod ............................. 650 lb (294.8 kg) per DAS up to 2,000 lb (907.2 kg) per 

trip.

2,000 lb (907.2 kg) per DAS up to 6,000 lb (2,721 kg) 

per trip. 

GB Cod ................................ 2,000 lb (907.2 kg) per DAS up to 20,000 lb (9,072 kg) 

per trip.

3,000 lb (1,361 kg) per DAS up to 30,000 lb (13,608 

kg) per trip. 

SNE/MA Yellowtail Flounder 1,500 lb (680.4 kg) per DAS up to 4,500 lb (2,041 kg) 

per trip.

5,000 lb (2,268 kg) per DAS up to 15,000 lb (6,804 kg) 

per trip. 

White Hake .......................... 1,500 lb (680.4 kg) per trip ............................................. 500 lb (226.8 kg) per trip. 

Pollock .................................. Unlimited ......................................................................... 10,000 lb (4,536 kg) per trip. 

The regulations require that the 

Handgear B (HB) trip limit for GOM and 

GB cod be adjusted proportionally 

(rounded up to the nearest 25 lb (11.3 

kg)) if either the GOM or GB cod trip 

limit applicable to a vessel fishing 

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