Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 7805 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on April 13, 

2015. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 13, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: December 29, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(441) (i)(D)(3) and 

(c)(447)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(441) * * * 

(i) * * * 

(D) * * * 

(3) Rule 4308, ‘‘Boilers, Steam 

Generators, and Process Heaters—0.075 

MMBtu/hr to less than 2.0 MMBtu/hr,’’ 

amended on November 14, 2013. 

* * * * * 

(447) * * * 

(i) * * * 

(B) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 4307, ‘‘Boilers, Steam 

Generators, and Process Heaters—2.0 

MMBtu/hr to 5.0 MMBtu/hr,’’ amended 

on May 19, 2011. 

* * * * * 

[FR Doc. 2015–02854 Filed 2–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[AS123–NBK; FRL–9922–86–Region 9] 

Approval and Promulgation of 

Implementation Plans; American 

Samoa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 


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7806 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 

SUMMARY: The Environmental Protection 

Agency (EPA) is completing the process 

begun in 2005 to revise the format of the 

‘‘identification of plan’’ section for the 

American Samoa State Implementation 

Plan (SIP). Specifically, the EPA is 

adding the nonregulatory provisions 

and quasi-regulatory measures to the 

revised ‘‘identification of plan’’ section. 

The nonregulatory provisions and quasiregulatory measures affected by this 

format revision have been previously 

submitted by the Territory of American 

Samoa and approved by the EPA. 

DATES: This rule is effective on February 

12, 2015. 

ADDRESSES: Nonregulatory and quasiregulatory SIP materials are available for 

inspection at Air Division, EPA Region 

IX, 75 Hawthorne Street, San Francisco, 

94105–3901 and online at EPA Region 

IX’s Web site. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, Rules Office (AIR–4), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3073, gong.kevin@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments 

III. Statutory and Executive Order Reviews 

I. Background 

Under the Clean Air Act (CAA or 

‘‘Act’’), each state is required to have a 

state implementation plan (SIP) which 

contains the control measures and 

strategies which will be used to attain 

and maintain the national ambient air 

quality standards (NAAQS). The SIP is 

extensive, containing such elements as 

emission inventories, monitoring 

networks, attainment demonstrations, 

and enforcement mechanisms. The 

control measures and strategies must be 

formally adopted by each state after the 

public has had an opportunity to 

comment on them. They are then 

submitted to EPA as SIP revisions on 

which EPA must formally act. 

The SIP is a living document which 

can be revised by the state as necessary 

to address the unique air pollution 

problems in the state. Therefore, the 

EPA from time to time must take action 

on SIP revisions which may contain 

new or revised regulations as being part 

of the SIP. On May 31, 1972 (37 FR 

10842), the EPA approved, with certain 

exceptions, the initial SIPs for 50 states, 

four territories and the District of 

Columbia. Since 1972, each state and 

territory has submitted numerous SIP 

revisions, either on their own initiative, 

or because they were required to as a 

result of various amendments to the 

CAA. The EPA codifies its approvals 

and disapprovals of SIPs and SIP 

revisions in 40 CFR part 52 (‘‘Approval 

and promulgation of implementation 

plans’’). 

Within 40 CFR part 52, there are 58 

subparts (subparts A through FFF). 

Subpart A contains general provisions 

and certain requirements applicable to 

all states and territories, while subparts 

B through DDD and FFF contain 

requirements that are specific to a given 

state or territory. Subpart EEE contains 

historical information pertaining to the 

EPA’s actions on SIP material originally 

submitted by states to the National Air 

Pollution Control Administration, 

Department of Health Education and 

Welfare in 1970. 

Until 1997, the first or second section 

of each subpart within 40 CFR part 52 

(other than subparts A and EEE) was 

called ‘‘identification of plan.’’ On May 

22, 1997 (62 FR 27968), EPA established 

a new format for the ‘‘identification of 

plan’’ sections assigned to each subpart 

in 40 CFR part 52 (except A and EEE). 

With the new format, revised 

‘‘identification of plan’’ sections contain 

five subsections: (a) Purpose and scope, 

(b) Incorporation by reference, (c) EPA 

approved regulations, (d) EPA approved 

source specific permits, and (e) EPA 

approved nonregulatory provisions and 

quasi-regulatory measures. 

‘‘Nonregulatory provisions and quasiregulatory measures’’ refers to such 

items as transportation control 

measures, certain statutory provisions, 

control strategies, and monitoring 

networks. In our May 1997 rule, we 

indicated that the EPA would begin to 

phase-in the new format on a state-bystate basis. Please see our May 1997 rule 

for more information concerning the 

revised format for SIPs. 

The American Samoa SIP is identified 

in subpart DDD (‘‘American Samoa’’) of 

part 52. As with other State SIPs, the 

EPA has taken a number of actions since 

1972 with respect to the American 

Samoa SIP. In 2005, we revised the 

format of the ‘‘identification of plan’’ 

section in subpart DDD in accordance 

with the revised format described above. 

See 70 FR 53564 (September 9, 2005). In 

our 2005 final rule, we did not complete 

the process of revising the format for the 

‘‘identification of plan’’ section in that 

we did not list the nonregulatory 

provisions and quasi-regulatory 

measures portion of the American 

Samoa SIP, but we are doing so in 

today’s action. 

II. Public Comments 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

that, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation; and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply revises 

the codification of provisions that are 

already in effect as a matter of law in 

Federal and approved State programs. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

clearly identifying the current 

nonregulatory provisions and quasiregulatory measures of the American 

Samoa SIP. 

III. Statutory and Executive Order 

Reviews 

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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION (II. Public Comments’’) 

section above, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments or 

impose a significant intergovernmental 

mandate, as described in sections 203 or 

204 of UMRA. 

This rule also 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, 


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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 7807 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also 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 also 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 an economically 

significant regulatory action based on 

health or safety risks. 

This rule does not involve technical 

standards; thus the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule also does not involve 

special consideration of environmental 

justice related issues as required by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994). 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, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

internet. Today’s action simply 

reformats the codification of provisions 

that are already in effect as a matter of 

law in Federal and approved State 

programs. 5 U.S.C. 808(2). As stated 

previously, EPA has made such a good 

cause finding, including the reasons 

therefore, and established an effective 

date of February 12, 2015. EPA will 

submit a report containing this action 

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. 

804(2). 

The EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the 

American Samoa SIP compilation had 

previously afforded interested parties 

the opportunity to file a petition for 

judicial review in the United States 

Court of Appeals for the appropriate 

circuit within 60 days of such 

rulemaking action. Thus, the EPA sees 

no need to reopen the 60-day period for 

filing such petitions for judicial review 

for this reformatting of portions of the 

‘‘Identification of plan’’ section of 40 

CFR 52.2820 for American Samoa. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: January 23, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

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 DDD—American Samoa 

■ 2. Section 52.2820 is amended by 

adding paragraph (e) to read as follows: 

§ 52.2820 Identification of plan. 

* * * * * 

(e) EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures. 

EPA APPROVED AMERICAN SAMOA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanation 

Territory of American Samoa Air Pollution Control Implementation Plan 

Section 1. Introduction: 

Introduction ................................................ State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Letter from Donald F. Graf, Executive 

Secretary, American Samoa Environmental Quality Commission, to Frank 

Covington, Director, Air and Water Programs Division, EPA Region IX, dated 

March 23, 1972.

State-wide ....... 03/23/72 05/31/72, 37 FR 

10842.

Letter indicating formal adoption of the 

implementation plan. See 40 CFR 

52.2823(c)(2). 

Letter from Donald F. Graf, Executive 

Secretary, American Samoa Environmental Quality Commission, to Paul 

DeFalco, Regional Administrator, EPA 

Region IX, dated April 28, 1972.

State-wide ....... 04/28/72 03/02/76, 41 FR 

8956.

Letter regarding EPA comments on the 

plan. See 40 CFR 52.2823(c)(3). 

Section 2. Legal Authority: 

Legal Authority ........................................... State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.


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7808 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Rules and Regulations 

EPA APPROVED AMERICAN SAMOA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date EPA approval date Explanation 

Appendix A. American Samoa Environmental Quality Act, excluding section 

35.0113.

State-wide ....... 03/9/72 05/31/72, 37 FR 

10842.

Public Law 12–45. Chapter 35.01 of the 

Code of American Samoa. See 40 

CFR 52.2823(c)(1). Section 35.0113 

(‘‘Variances’’) was deleted without replacement at 62 FR 34641 (June 27, 

1997)]. See 40 CFR 52.2823(b)(1). 

Section 3. Air Quality Data ........................ State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 4. Emission Inventory ................... State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 5. Control Strategy: 

Control Strategy ......................................... State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Letter from Peter T. Coleman, Governor, 

American Samoa, to Kathleen M. Bennett, EPA, dated November 12, 1982.

State-wide ....... 11/12/82 08/14/85, 50 FR 

32697.

Negative declaration indicating no Lead 

sources in American Samoa. See 40 

CFR 52.2823(c)(5)(i). 

Section 6. Compliance Schedule .............. State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 7. Air Quality Surveillance Network.State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 8. Review of New Sources and 

Modifications.

State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 9. Source Surveillance ................. State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 10. Resources .............................. State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

Section 11. Intergovernmental Cooperation.State-wide ....... 01/27/72 05/31/72, 37 FR 

10842.

Included as part of the original SIP. See 

40 CFR 52.2823(b). 

[FR Doc. 2015–02856 Filed 2–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 141002820–5113–01] 

RIN 0648–XD536 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Adjustments to 2015 Annual Catch 

Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule; 

adjustment of specifications. 

SUMMARY: This action adjusts 2015 

annual catch limits for the Atlantic 

herring fishery to account for the 

underharvest of herring catch in 2013. 

The herring fishery caught less than its 

allocated catch in all herring 

management areas in 2013. As a result, 

this action adds unharvested 2013 catch 

to the 2015 herring catch limits, equal 

to ten percent of the allocated 2013 

annual catch limit for each area. While 

the annual catch limit for each area 

increases, the total annual catch limit 

for the herring fishery will not increase 

under this action. This will ensure that 

the carryover pounds do not cause 

overfishing of the herring resource in 

2015. This action is necessary to ensure 

that NMFS accounts for herring catch 

consistent with the requirements of the 

Atlantic Herring Fishery Management 

Plan. 

DATES: Effective February 12, 2015, 

through December 31, 2015. 

ADDRESSES: Copies of supporting 

documents, including the 2013–2015 

Specifications/Framework 2 to the 

Herring Fishery Management Plan 

(FMP), are available from the 

Sustainable Fisheries Division, Greater 

Atlantic Regional Fisheries Office, 55 

Great Republic Drive, Gloucester, MA 

01930, telephone (978) 281–9315, or 

online at: http://

www.greateratlantic.fisheries.noaa.gov/

sustainable/species/atlherring/

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Policy Analyst, 

978–281–9233, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic herring harvest in the 

United States is managed under the 

Atlantic Herring Fishery Management 

Plan (Herring FMP) developed by the 

New England Fishery Management 

Council (Council). The Herring FMP 

divides the stock-wide herring ACL 

among three management areas, one of 

which has two sub-areas. It divides Area 

1 (located in the Gulf of Maine (GOM)) 

into an inshore section (Area 1A) and an 

offshore section (Area 1B). Area 2 is 

located in the coastal waters between 

Massachusetts and North Carolina, and 

Area 3 is on Georges Bank (GB). The 

Herring FMP considers the herring stock 

complex to be a single stock, but there 

are inshore (GOM) and offshore (GB) 

stock components. The GOM and GB 

stock components segregate during 

spawning and mix during feeding and 

migration. Each management area has 

its own sub-ACL to allow greater control 

of the fishing mortality on each stock 

component. 

NMFS issued a final rule that 

implemented Amendment 4 to the 

Herring FMP (76 FR 11373, March 2, 

2011) to address ACL and accountability 

measure (AM) requirements. As a way 

to account for ACL overages in the 

herring fishery, Amendment 4 

established an AM that provided for 


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