Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8559 

poverty rate for the State of North 

Dakota is 12.1%. Supporting 

documentation is included in the 

docket. 

EPA’s policy on environmental justice 

is to ensure the fair treatment and 

meaningful involvement of all people 

regardless of race, color, national origin, 

or income with respect to the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. Our review 

here for this reconsideration action is 

consistent with EPA’s policy. This 

section, along with the supporting 

documentation in the docket, constitute 

EPA’s full analysis of environmental 

justice for this action. 

J. Congressional Review Act 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

K. 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 April 20, 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 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 dioxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: February 6, 2015. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2015–03177 Filed 2–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02] 

RIN 0648–XD735 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2015 

Commercial Accountability Measure 

and Closure for South Atlantic Golden 

Tilefish Longline Component 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial longline component for 

golden tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. Commercial longline landings 

for golden tilefish are projected to reach 

the longline component’s commercial 

annual catch limit (ACL; commercial 

quota) on February 19, 2015. Therefore, 

NMFS closes the commercial longline 

component for golden tilefish in the 

South Atlantic EEZ on February 19, 

2015, and it will remain closed until the 

start of the next fishing season, January 

1, 2016. This closure is necessary to 

protect the golden tilefish resource. 

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

local time, February 19, 2015, until 

12:01 a.m., local time, January 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Britni LaVine, telephone: 727–824– 

5305, email: britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council 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. 

On April 23, 2013, NMFS published 

a final rule to implement Amendment 

18B to the FMP (78 FR 23858). 

Amendment 18B to the FMP established 

a longline endorsement program for the 

commercial golden tilefish component 

of the snapper-grouper fishery and 

allocated the commercial golden tilefish 

ACL among two gear groups, the 

longline and hook-and-line components 

as commercial quotas. 

The commercial quota for the longline 

component for golden tilefish in the 

South Atlantic is 405,971 lb (184,145 

kg), gutted weight, for the current 

fishing year, January 1 through 

December 31, 2015, as specified in 50 

CFR 622.190(a)(2)(iii). 

Under 50 CFR 622.193(a)(1)(ii), NMFS 

is required to close the commercial 

longline component for golden tilefish 

when the longline component’s 

commercial quota has been reached, or 

is projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. After the 

commercial quota for the longline 

component is reached or projected to be 

reached, golden tilefish may not be 

fished for or possessed by a vessel with 

a golden tilefish longline endorsement. 

NMFS has determined that the 

commercial quota for the longline 

component for golden tilefish in the 

South Atlantic will be reached on 

February 19, 2015. Accordingly, the 

commercial longline component for 

South Atlantic golden tilefish is closed 

effective 12:01 a.m., local time, February 

19, 2015, until 12:01 a.m., local time, 

January 1, 2016. 

During the commercial longline 

closure, golden tilefish may still be 

harvested commercially using hookand-line gear. However, a vessel with a 

golden tilefish longline endorsement is 

not eligible to fish for or possess golden 

tilefish using hook-and-line gear under 

the hook-and-line trip limit, as specified 

in 50 CFR 622.191(a)(2)(ii). The operator 

of a vessel with a valid commercial 

vessel permit for South Atlantic 

snapper-grouper and a valid commercial 

longline endorsement for golden tilefish 

having golden tilefish on board must 

have landed and bartered, traded, or 

sold such golden tilefish prior to 12:01 

a.m., local time, February 19, 2015. 

During the commercial longline closure, 

the bag limit and possession limits 

specified in 50 CFR 622.187(b)(2)(iii) 

and (c)(1), respectively, apply to all 

harvest or possession of golden tilefish 

in or from the South Atlantic EEZ by a 

vessel with a golden tilefish longline 

endorsement, and the sale or purchase 

of longline-caught golden tilefish taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of 

longline-caught golden tilefish that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, February 19, 

2015, and were held in cold storage by 

a dealer or processor. Additionally, the 

bag and possession limits and the sale 

and purchase provisions of the 

commercial closure apply to a person on 

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8560 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 

board a vessel with a golden tilefish 

longline endorsement, regardless of 

whether the golden tilefish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic golden 

tilefish and is consistent with the 

Magnuson-Stevens Act, the FMP, and 

other applicable laws. 

This action is taken under 50 CFR 

622.193(a)(1)(ii) 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 commercial longline 

component for golden tilefish 

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 procedures for 

this temporary rule would be 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary, because the regulations at 

50 CFR 622.193(a)(1)(ii) itself 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 golden tilefish resource since 

the capacity of the fishing fleet allows 

for rapid harvest of the commercial 

quota for the longline component. Prior 

notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established commercial 

quota for the longline component. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

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

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

Dated: February 12, 2015. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2015–03317 Filed 2–12–15; 4:15 pm] 

BILLING CODE 3510–22–P 

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