Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 2557 

• 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 21, 2022. 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: January 11, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. 

■ 2. In § 52.1870, the table in paragraph 

(e) is amended under the heading 

‘‘Summary of Criteria Pollutant 

Attainment Plans’’ by adding an entry 

for ‘‘SO2 (2010)’’ after the entry for ‘‘SO2

(2010)’’ (with a State date of 2/16/2017) 

to read as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable 

geographical or 

non-attainment 

area 

State date EPA approval Comments 

*******

Summary of Criteria Pollutant Attainment Plans 

*******

SO2 (2010) .................. Muskingum River ........ 6/23/2020 1/18/2022, [INSERT FEDERAL REGISTER CITATION].

EPA is approving only the emissions inventory 

and nonattainment NSR elements. 

* * * * * * * 

■ 3. Section 52.1873 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1873 Approval status. 

* * * * * 

(b) The Administrator disapproves 

Ohio’s attainment demonstration, 

submitted on April 3, 2015, and October 

13, 2015, and supplemented on June 23, 

2020, and June 1, 2021, for the 

Muskingum River SO2 nonattainment 

area. 

[FR Doc. 2022–00784 Filed 1–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[RTID 0648–XB717] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Retroactive Quota Transfer From MA 

to CT 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfer. 

SUMMARY: NMFS announces that the 

Commonwealth of Massachusetts is 

transferring a portion of its 2021 

commercial summer flounder quota to 

the State of Connecticut. This 

retroactive adjustment to the 2021 

fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the retroactively revised 


khammond on DSKJM1Z7X2PROD with RULES
2558 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Rules and Regulations 

2021 commercial quotas for 

Massachusetts and Connecticut. 

DATES: Effective January 12, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.110. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102 and final 

2021 allocations were published on 

December 21, 2020 (85 FR 82946). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan (FMP), as 

published in the Federal Register on 

December 17, 1993 (58 FR 65936), 

provided a mechanism for transferring 

summer flounder commercial quota 

from one state to another. Two or more 

states, under mutual agreement and 

with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can transfer or combine summer 

flounder commercial quota under 

§ 648.102(c)(2). The Regional 

Administrator is required to consider 

three criteria in the evaluation of 

requests for quota transfers or 

combinations: The transfer or 

combinations would not preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. The 

Regional Administrator has determined 

these three criteria have been met for 

the transfer approved in this 

notification. 

Massachusetts is transferring 40,000 

lb (18,144 kg) to Connecticut through 

mutual agreement of the states. This 

transfer was requested to ensure 

Connecticut would not exceed its 2021 

quota. The revised summer flounder 

quotas for 2021 are: Massachusetts, 

985,159 lb (446,861 kg) and 

Connecticut, 709,376 lb (321,768 kg). 

Given the timing of the states’ request, 

we were unable to process the transfer 

before the December 31 end of the 2021 

fishing year. The retroactively adjusted 

quotas will be used to calculate overages 

for the 2021 fishing year and adjust, as 

needed, 2022 summer flounder quotas. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.162(e)(1)(i) through (iii), which was 

issued pursuant to section 304(b), and is 

exempted from review under Executive 

Order 12866. 

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

Dated: January 11, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00738 Filed 1–12–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB722] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish in the 

Red King Crab Savings Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Savings Subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary because 

the State of Alaska, Department of Fish 

and Game did not established a 

guideline harvest level fishery for red 

king crab in the Bristol Bay area for the 

2021/2022 fishing year. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), January 20, 2022, 

through 2400 hours, A.l.t., December 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7447. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with 

§ 679.21(e)(3)(ii)(B)(1), this action is 

necessary because the State of Alaska, 

Department of Fish and Game did not 

established a guideline harvest level 

fishery for red king crab in the Bristol 

Bay area for the 2021/2022 fishing year. 

Consequently, the Regional 

Administrator is prohibiting directed 

fishing for groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Savings Subarea of the BSAI. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the directed fishing 

closure of groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Savings Subarea of the BSAI. 

NMFS was unable to publish a 

notification providing time for public 

comment because the most recent, 

relevant data only became available as 

of January 1, 2022. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

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

Dated: January 11, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–00739 Filed 1–14–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES