6464 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: January 23, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p.306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 

2923, 3 CFR, 1987 Comp., p.193. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry for 

‘‘UT’’, ‘‘Midvale Slag’’, ‘‘Midvale’’. 

[FR Doc. 2015–02326 Filed 2–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XD709 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2015 

Commercial Accountability Measure 

and Closure for Coastal Migratory 

Pelagic Resources of the Gulf of 

Mexico and South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) to close 

the hook-and-line component of the 

commercial sector for king mackerel in 

the Florida west coast southern 

subzone. This closure is necessary to 

protect the Gulf of Mexico (Gulf) king 

mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, February 5, 2015, through 

June 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, email: susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and Atlantic Region (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The Gulf migratory group king 

mackerel is divided into western and 

eastern zones. The Gulf’s eastern zone 

for king mackerel is further divided into 

the Florida west coast northern and 

southern subzones that have separate 

commercial quotas. On January 30, 

2012, NMFS implemented the final rule 

(76 FR 82058, December 29, 2011) that 

established annual catch limits (ACLs). 

The 2014 to 2015 fishing year quota for 

the hook-and-line component of the 

commercial sector in the Florida west 

coast southern subzone is 551,448 lb 

(250,133 kg) (50 CFR 

622.384(b)(1)(i)(B)(1)). 

From November 1 through March 31, 

the southern subzone encompasses an 

area of the exclusive economic zone 

(EEZ) south of a line extending due west 

of the Lee and Collier County, FL, 

boundary on the Florida west coast, and 

south of a line extending due east of the 

Monroe and Miami-Dade County, FL, 

boundary on the Florida east coast, 

which includes the EEZ off Collier and 

Monroe Counties, FL. From April 1 

through October 31, the southern 

subzone is reduced to the EEZ off 

Collier County, and the EEZ off Monroe 

County becomes part of the Atlantic 

migratory group area. 

On January 24, 2015, NMFS 

implemented a 500-lb (227-kg) trip limit 

for vessels in the hook-and-line 

component of the commercial king 

mackerel sector in this subzone, because 

75 percent of quota had been reached 

(622.385(a)(2)(ii)(B)). 

Under 50 CFR 622.8(b) and 

622.388(a)(1), NMFS is required to close 

any component of the king mackerel 

commercial sector when its quota has 

been reached, or is projected to be 

reached, by filing a notification at the 

Office of the Federal Register. NMFS has 

determined the quota for the hook-andline component of the commercial 

sector for Gulf migratory group king 

mackerel in the southern Florida west 

coast subzone has been reached. 

Accordingly, the hook-and-line 

component of the commercial sector for 

Gulf migratory group king mackerel in 

the southern Florida west coast subzone 

is closed effective 12:01 a.m., local time, 

February 5, 2015, through June 30, 2015, 

the end of the fishing year. 

As specified in 50 CFR 622.384(e), 

during the closure period no person 

aboard a vessel for which a commercial 

permit for king mackerel has been 

issued may harvest or possess Gulf 

migratory group king mackerel in or 

from Federal waters of the closed 

subzone. However, there is one 

exception that a person aboard a vessel 

that has a valid charter/headboat permit 

and also has a commercial king 

mackerel permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed subzone 

under the 2-fish daily bag limit, 

provided the vessel is operating as a 

charter vessel or headboat. Charter 

vessels or headboats that hold a 

commercial king mackerel permit are 

considered to be operating as a charter 

vessel or headboat when they carry a 

passenger who pays a fee or when more 

than three persons are aboard, including 

operator and crew. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Gulf migratory group 

king mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.8(b) and 622.388(a)(1) and is 

exempt from review under Executive 

Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this action to 

close the hook-and-line component of 

the commercial sector constitutes good 

cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such prior notice and opportunity for 

public comment are unnecessary and 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations 6465 

contrary to the public interest. Such 

procedures are unnecessary, because the 

regulations at 50 CFR 622.388(a)(1) have 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. Such 

procedures are contrary to the public 

interest, because there is a need to 

immediately implement this action to 

protect the king mackerel resource since 

the capacity of the fishing fleet allows 

for rapid harvest of the quota. Prior 

notice and opportunity for public 

comment on this action would require 

time and would potentially result in a 

harvest well in excess of the established 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of the 

action under 5 U.S.C. 553(d)(3). 

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

Dated: February 2, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–02321 Filed 2–2–15; 4:15 pm] 

BILLING CODE 3510–22–P 


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