Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations 51 

§ 147.1601 State-administered program— 

Class I, III, IV, and V wells. 

The UIC Program for Class I, III, IV, 

and V wells in the State of New Mexico, 

except for those located on Indian 

country as defined under 40 CFR 144.3, 

is the program administered by the New 

Mexico Water Quality Control 

Commission, the New Mexico 

Environment Department (formerly the 

New Mexico Environmental 

Improvement Division), and the Oil 

Conservation Division of the New 

Mexico Energy, Minerals and Natural 

Resources Department and approved by 

EPA pursuant to section 1422 of the 

Safe Drinking Water Act (SDWA). The 

effective date of this program is August 

10, 1983. A subsequent program 

revision application for Class I 

hazardous waste injection wells, which 

are only authorized for use by 

petroleum refineries for the waste 

generated by the refinery (‘‘generator’’), 

except in Indian country, was approved 

by EPA pursuant to section 1422 of the 

SDWA. The effective date of this 

program is January 3, 2022. The Stateadministered UIC programs for Classes 

I, III, IV, and V consist of the following 

elements, as submitted to EPA in the 

State’s program applications. 

(a) Incorporation by reference. The 

New Mexico State provisions cited in 

‘‘EPA-Approved New Mexico SDWA 

§ 1422 Underground Injection Control 

Program Statutes and Regulations for 

Well Classes I, III, IV, and V,’’ dated 

March 11, 2021, and listed in Table 1 to 

this paragraph (a), are incorporated by 

reference and made a part of the 

applicable UIC program under SDWA 

for the State of New Mexico. The 

Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. Copies of the State of 

New Mexico’s provisions that are 

incorporated by reference may be 

inspected at the U.S. Environmental 

Protection Agency, Water Docket, EPA 

Docket Center (EPA/DC), EPA WJC 

West, Room 3334, 1301 Constitution 

Ave. NW, Washington, DC 20004, or the 

Region VI, Library, U. S. Environmental 

Protection Agency, 1201 Elm Street, 

Suite 500, Dallas, Texas 75270. If you 

wish to obtain materials from the EPA 

Headquarters Library, please call the 

Water Docket at (202) 566–2426 or from 

the EPA Regional Office, please call 

(214) 665–8326. You may also inspect 

the materials at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, email 

fr.inspection@nara.gov or go to 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

TABLE 1 TO PARAGRAPH (a): EPA—APPROVED STATE OF NEW MEXICO SDWA § 1422 UNDERGROUND INJECTION

CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, AND V 

State citation Title/subject State effective date EPA approval date 

New Mexico Administrative Code, Title 

20, Chapter 6, Part 2.

Ground and Surface Water 

Protection.

December 21, 2018 ........... January 3, 2022, [insert Federal Register citation]. 

New Mexico Administrative Code, Title 

19, Chapter 14, Parts 1–4.

Geothermal Resources Development.February 27, 2018 ............. January 3, 2022, [insert Federal Register citation]. 

(b) Other laws. The following statutes 

and regulations, although not 

incorporated by reference, are also part 

of the approved State-administered UIC 

program: 

(1) Water Quality Act, New Mexico 

Statutes Annotated Sections 74–6–1 

through 74–6–13 (1978 and Supp. 

1982); 

(2) Geothermal Resources 

Development Act, New Mexico Statutes 

Annotated, Chapter 71, Article 9 (July 1, 

2016); 

(3) Surface Mining Act, New Mexico 

Statutes Annotated Sections 69–25A–1 

through 69–25A–35 (1978 and Supp. 

1980). 

(c) Memorandum of Agreement. 

(1) The Memorandum of Agreement 

between EPA Region VI and the New 

Mexico Water Quality Control 

Commission, the Environmental 

Improvement Division, and the Oil 

Conservation Division, signed by the 

EPA Regional Administrator on April 

13, 1983; 

(2) Letter from the Director, 

Environmental Improvement Division 

and the Director, Oil Conservation 

Division, to Regional Administrator, 

EPA Region IV, ‘‘Re: New Mexico 

Underground Injection Control 

Program—Clarification,’’ February 10, 

1983. 

(3) Amendment No. 1, Underground 

Injection Program Substitute 

Memorandum of Agreement Between 

the State of New Mexico and United 

States Environmental Protection Agency 

Region VI, signed by the EPA Regional 

Administrator on May 2, 2019. 

(d) Statement of legal authority. 

(1) Attorney General’s Statement, 

signed by the Assistant Attorney 

General for the Environmental 

Improvement Division, the Assistant 

Attorney General for Oil Conservation 

Division, and the Deputy Attorney 

General, Civil Division, Counsel for the 

Mining and Minerals Division, undated, 

submitted December 8, 1982. 

(2) Attorney General’s Statement for 

Program Revision of New Mexico UIC 

Program, signed by Bill Brancard, 

Special Assistant Attorney General, 

State of New Mexico Energy, Minerals 

and Natural Resources Department, 

submitted December 12, 2018. 

(e) Program Description and any other 

materials. The Program Description and 

any other materials submitted as part of 

the application or as supplements 

thereto. 

[FR Doc. 2021–28237 Filed 12–30–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 200124–0029] 

RTID 0648–XB702 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 2021 

Red Snapper Private Angling 

Component Accountability Measure in 

Federal Waters off Texas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule, accountability 

measure. 

SUMMARY: Through this temporary rule, 

NMFS implements accountability 

measures (AMs) for the red snapper 

recreational sector private angling 

component in the Gulf of Mexico (Gulf) 

off Texas for the 2021 fishing year. 

Based on information provided by the 

State of Texas Parks and Wildlife 

Department (TPWD), NMFS has 

determined that the 2020 Texas regional 

management area private angling 


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52 Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations 

component annual catch limit (ACL) for 

Gulf red snapper was exceeded. 

Therefore, NMFS reduces the 2021 

private angling component ACL of Gulf 

red snapper for the Texas regional 

management area. This reduction will 

remain in effect through the remainder 

of the current fishing year on December 

31, 2021, and is necessary to protect the 

Gulf red snapper resource. 

DATES: This temporary rule is effective 

from 12:01 a.m., local time, on 

December 28, 2021, until 12:01 a.m., 

local time, on January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: kelli.odonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes red 

snapper, is managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

(Council) and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) through regulations at 50 CFR part 

622. All red snapper weights discussed 

in this temporary rule are in round 

weight. 

In 2015, Amendment 40 to the FMP 

established two components within the 

recreational sector fishing for red 

snapper: The private angling 

component, and the Federal charter 

vessel and headboat (for-hire) 

component (80 FR 22422, April 22, 

2015). In 2020, NMFS implemented 

Amendments 50 A–F to the FMP, which 

delegated authority to the Gulf states 

(Louisiana, Mississippi, Alabama, 

Florida, and Texas) to establish specific 

management measures for the harvest of 

red snapper in Federal waters of the 

Gulf by the private angling component 

of the recreational sector (85 FR 6819, 

February 6, 2020). These amendments 

allocate a portion of the private angling 

ACL to each state, and each state is 

required to constrain landings to its 

allocation as part of state management. 

As described at 50 CFR 622.39(a)(2)(i), 

the Gulf red snapper recreational sector 

quota (ACL) is 7.399 million lb (3.356 

million kg) and the recreational private 

angling component quota (ACL) is 4.269 

million lb (1.936 million kg). Also, as 

described at 50 CFR 622.23(a)(1)(ii)(E), 

the Texas regional management area 

private angling component ACL is 

265,105 lb (120,250 kg). Regulations at 

50 CFR 622.23(b) require that if a state’s 

red snapper private angling component 

landings exceed the applicable state’s 

component ACL, then in the following 

fishing year, that state’s private angling 

ACL will be reduced by the amount of 

that ACL overage in the prior fishing 

year. 

For the 2019 fishing year, the Texas 

recreational red snapper private 

component (private vessel and state 

charter vessels) was managed under an 

exempted fishing permit with a state 

ACL of 265,090 lb (120,243 kg). Under 

Amendment 50F, any overage of the 

2019 Texas ACL would be applied to 

Texas’s portion of the 2020 private 

angling ACL. On August 24, 2020, 

NMFS determined that 2019 landings of 

red snapper off Texas for the private 

angling component were 375,616 lb 

(170,377 kg) and published a temporary 

rule reducing the Texas regional 

management area private angling 

component ACL for Gulf red snapper to 

154,579 lb (70,116 kg) for the 2020 

fishing year (85 FR 52055, August 24, 

2020). 

On September 23, 2020 Texas filed a 

complaint in the United States District 

Court for the Southern District of Texas 

alleging, in part, that the NMFS used 

incorrect data when determining the 

overage of the 2019 Texas ACL (State of 

Texas v. Department of Commerce, No. 

3:20–cv–297 (S.D. Tex.)). Texas 

estimated that its 2019 landings were 

327,105 lb (148,372 kg), resulting in a 

62,015 lb (28,170 lb) overage of its 2019 

annual catch limit. The different 

estimates resulted from NMFS and 

Texas using different recreational 

harvest estimation methodologies. 

Specifically, Texas misapplied the 

length-weight relationship component 

of the estimation methodology, which 

resulted in lower landings estimates 

than those produced by NMFS. 

However, NMFS and Texas were not 

aware of this discrepancy until the fall 

2020, which was too late to address the 

issue for either the 2019 or 2020 fishing 

years. To resolve the litigation, NMFS 

has agreed to use Texas’s 2019 and 2020 

estimates to apply the accountability 

measure in 2020 and 2021. Texas has 

agreed to dismiss, with prejudice, all 

claims in the complaint, provide more 

timely landings estimates to NMFS, 

prohibit harvest in their state waters 

when it determines its private angling 

ACL is met or projected to be met, and 

use an agreed methodology for 

estimating landings for 2021 and 

beyond. 

Consistent with the agreement, the 

2019 estimate landings of red snapper 

off Texas for the private angling 

component is revised from 375,616 lb 

(170,377 kg) to 327,105 lb (148,372 kg), 

which results in an overage of 62,015 lb 

(28,170 kg) for the 2019 fishing year and 

an adjusted 2020 Texas ACL of 203,090 

lb (92,120 kg). Texas has estimated that 

the 2020 landings of red snapper off 

Texas for the private angling component 

is 229,725 lbs (104,202 kg), resulting in 

an overage of 26,635 lb (12,081 kg) and 

an adjusted 2021 Texas ACL of 238,470 

lb (108,168 kg). Additionally, as a result 

of the adjusted Texas ACL, the total 

private angling component quota and 

the total recreational quota (ACL), will 

also be reduced. The private angling 

component quota will reduce from 

4,269,000 lb (1,936,000 kg) to 4,242,365 

lb (1,824,304 kg) and the total 

recreational quota will reduce from 

7,399,000 lb (3,356,000 kg) to 7,372,365 

lb (3,344,049 kg). The recreational 

private angling component ACLs for 

other Gulf state management areas for 

2021 are unaffected by this notice. 

The TPWD is responsible for ensuring 

that 2021 private angling component 

landings in the Texas regional 

management area do not exceed the 

adjusted 2021 Texas ACL. As described 

at 50 CFR 622.23(c), a Gulf state with an 

active delegation of state management of 

the red snapper private angling 

component may request that NMFS 

close all, or an area of, Federal waters 

off that state to the harvest and 

possession of red snapper by private 

anglers. At the request of Texas, NMFS 

previously announced closure dates for 

the red snapper private angling 

component in Gulf Federal waters off 

Texas for the 2021 fishing year (85 FR 

78792 (December 7, 2020); 86 FR 43117 

(August 6, 2021)). On November 15, 

2021, Texas closed state waters to red 

snapper fishing (https://tpwd.texas.gov/ 

newsmedia/releases/?req=20211109a). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required under 50 

CFR 622.23(b) which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, 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. 

The Assistant Administrator for 

NOAA Fisheries (AA) finds that the 

need to implement this action to reduce 

the private angling component ACL for 

the Texas regional management area 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment on 

this temporary rule pursuant to the 

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

because such procedures are contrary to 

the public interest. Such procedures are 


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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations 53 

contrary to the public interest because a 

failure to implement the ACL overage 

adjustment prior to the end of 2021 

would not reduce the 2021 Texas ACL, 

consistent with the agreement between 

NMFS and Texas, and as required under 

Amendments 50F. Adjusting the 2021 

Texas ACL will ensure that any harvest 

in excess of that adjusted ACL is 

accounted for during the 2022 fishing 

year. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of the 

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

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

Dated: December 28, 2021. 

Karen Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–28455 Filed 12–28–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140819687–5583–02; RTID 

0648–XB688] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; 2021–2022 Commercial 

Closure for Spanish Mackerel in the 

Atlantic Southern Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Atlantic 

southern zone for commercial Spanish 

mackerel in or from the Atlantic 

exclusive economic zone. NMFS has 

determined that the commercial quota 

for Spanish mackerel in the Atlantic 

southern zone will be reached by 

January 3, 2022. Therefore, NMFS closes 

the Atlantic southern zone to 

commercial harvest of Spanish mackerel 

on January 3, 2022. This closure is 

necessary to protect the Spanish 

mackerel resource in the Atlantic. 

DATES: This temporary rule is effective 

from 6 a.m. eastern time on January 3, 

2022, until 12:01 a.m. eastern time on 

March 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

in the Atlantic includes king mackerel, 

Spanish mackerel, and cobia on the east 

coast of Florida, and 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 and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights described for the Atlantic 

migratory group of Spanish mackerel 

(Atlantic Spanish mackerel) apply as 

either round or gutted weight. 

For management purposes, the 

commercial sector of Atlantic Spanish 

mackerel is divided into northern and 

southern zones. The southern zone 

consists of Federal waters off South 

Carolina, Georgia, and the east coast of 

Florida. The southern zone boundaries 

extend from the border of North 

Carolina and South Carolina, which is a 

line extending in a direction of 

135°34′55′′ from true north beginning at 

33°51′07.9′′ N latitude and 78°32′32.6′′ 

W longitude to the intersection point 

with the outward boundary of the U.S. 

exclusive economic zone, to the border 

of Miami-Dade and Monroe Counties in 

Florida at 25°20′24′′ N latitude. 

The southern zone commercial quota 

for Atlantic Spanish mackerel is 

2,667,330 lb (1,209,881 kg). Regulations 

at 50 CFR 622.388(d)(1)(i) require NMFS 

to close the commercial sector for 

Atlantic Spanish mackerel in the 

southern zone when the commercial 

quota is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for Atlantic Spanish 

mackerel in the southern zone will be 

reached by January 3, 2022. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

southern zone is closed effective at 6 

a.m. eastern time on January 3, 2022, 

through February 28, 2022, the end of 

the current fishing year. 

During the commercial closure, a 

person on a vessel that has been issued 

a valid Federal permit to harvest 

Atlantic Spanish mackerel may 

continue to retain this species in the 

southern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (a)(2), as 

long as the recreational sector for 

Atlantic Spanish mackerel is open (50 

CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the southern 

zone, including those harvested under 

the bag and possession limits, may not 

be purchased or sold. This prohibition 

does not apply to Atlantic Spanish 

mackerel from the southern zone that 

were harvested, landed ashore, and sold 

prior to the closure and were held in 

cold storage by a dealer or processor (50 

CFR 622.384(e)(2)). 

Commercial harvest of Atlantic 

Spanish mackerel in the southern zone 

for the 2022–2023 fishing year begins on 

March 1, 2022. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.388(d)(1)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 


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