8224 Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Proposed Rules 

V. 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 Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, the EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

proposed 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 proposed 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 the requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the 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, this proposed action 

would not apply on any Indian 

reservation land or in any other area in 

Oregon where the 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 7, 2022. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2022–02983 Filed 2–11–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 220203–0038] 

RIN 0648–BK43 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Federal 

Salmon Regulations for Overfished 

Species Rebuilding Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes revisions to 

regulations that implement the Pacific 

Fishery Management Council’s 

(Council) Pacific Coast Salmon Fishery 

Management Plan (FMP). This proposed 

action would remove a rebuilding plan 

for Sacramento River fall-run Chinook 

salmon (SRFC) from regulation, as this 

stock has been rebuilt and is no longer 

required to be managed under a 

rebuilding plan, and would update 

language to reflect the 2013 merger of 

NMFS’ Northwest Region (NWR) and 

Southwest Region (SWR), which created 

NMFS’ West Coast Region (WCR). 

DATES: Comments on this proposed rule 

must be received on or before March 1, 

2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0002 by the following 

method: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2022–0002 in the Search box. 

Click the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments must be 

submitted by the above method to 

ensure that the comments are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Shannon Penna, Fishery Management 

Specialist, at 562–676–2148, or 

Shannon.Penna@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations at 50 CFR part 660, subpart 

H implement the management of West 

Coast salmon fisheries under the FMP in 

the exclusive economic zone (3 to 200 

nautical miles (5.6–370.4 kilometers)) 

off the coasts of the states of 

Washington, Oregon, and California. 

In 2018, NMFS determined that SRFC 

was overfished under the MagnusonStevens Fishery and Conservation 

Management Act (MSA). The Council 

developed a rebuilding plan for SRFC, 

which it transmitted to NMFS on 

August 14, 2019. The Council 

recommended as the rebuilding plan the 

existing control rule for SRFC, which 

was adopted as part of FMP 

Amendment 16 and described in 

codified regulation at 50 CFR 660.410(c) 

(76 FR 81851, December 29, 2011). The 

Council determined that the existing 

control rule met the MSA requirement 

to rebuild the stock as quickly as 

possible, taking into account the status 

and biology of any overfished stock and 

the needs of fishing communities (50 

CFR 600.310(j)(3)(i)). NMFS approved 

and implemented the Council’s 

recommended rebuilding plan for SRFC 

through a final rule (85 FR 75920; 

November 27, 2020). 

In 2021, NMFS determined that SRFC 

met the criteria in the FMP for being 

rebuilt and notified the Council (Letter 

from Barry A. Thom, NMFS West Coast 


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Regional Administrator, to Charles A. 

Tracy, Pacific Fishery Management 

Council Executive Director, dated July 

23, 2021). As the stock is rebuilt, it is 

no longer required to be managed under 

a rebuilding plan and the SRFC 

rebuilding plan should be removed from 

regulation to avoid confusion regarding 

the stock’s status. Additionally, 

removing the SRFC rebuilding plan 

from regulation will avoid confusion 

should NMFS make a future 

determination that the SRFC stock is 

overfished again, in which case the 

MSA requires the Council to prepare 

and implement a rebuilding plan within 

two years of that determination (50 CFR 

600.310(j)(2)(ii)). Leaving the current 

rebuilding plan in regulation could be 

confused as being the default rebuilding 

plan for SRFC, which was not the 

intention of the Council nor of NMFS. 

Therefore, to avoid confusion, it is 

necessary to remove the existing SRFC 

rebuilding plan from regulation. 

Because the rebuilding plan adopted the 

existing harvest control rule for SRFC 

that was implemented through notice 

and comment rulemaking in 2011 (76 

FR 81851, December 29, 2011), 

removing the rebuilding plan from 

regulation will not change the 

management of salmon fisheries that 

affect SRFC. NMFS has determined that 

a 15-day comment period for this 

proposed rule is appropriate to allow 

adequate time for public comment while 

also allowing for the final rule to be in 

effect prior to the annual preseason 

management process for the 2022 ocean 

salmon fisheries, thereby avoiding 

confusion about the status of SRFC prior 

to the fishing season. 

In 2013, NMFS implemented a 

realignment that merged the NWR and 

SWR to create the WCR. This change 

was made in order to more effectively 

manage resources, decision-making, and 

policy from a holistic West Coast 

perspective. NMFS proposes to revise 

the regulations at 50 CFR 660, subpart 

H, to reflect the 2013 merger of NMFS’ 

NWR and SWR by replacing mentions of 

NWR and SWR with WCR, and by 

replacing mention of the Northwest and 

Southwest Regional Administrators 

with West Coast Regional 

Administrator. 

Classification 

NMFS is issuing this proposed rule 

pursuant to section 305(d) of the MSA. 

This proposed rule implements 

technical and minor administrative 

changes to the regulations governing the 

salmon fishery. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

Using the Socioeconomic Assessment of 

the 2020 Ocean Salmon Fisheries 

(Chapter IV) of the Review of 2020 

Ocean Salmon Fisheries Stock 

Assessment and Fishery Evaluation 

Document for the Pacific Coast Salmon 

Fishery Management Plan, the most 

recent year of complete fishing data, 

2020, had 647 distinct commercial 

vessels land fish caught in Oregon and 

California. These vessels had an average 

state-level ex-vessel revenue per vessel 

of $39,127; no vessel met the threshold 

($11 million in annual gross receipts) 

for being a large entity. Because all 

directly regulated entities are small, 

these regulation revisions are not 

expected to place small entities at a 

significant disadvantage to large 

entities. The proposed rule would not 

change harvest policy; thus, by 

definition, there would be no direct or 

indirect economic impact or reduction 

in profit for the directly regulated 

entities. Therefore, this proposed action, 

if implemented, is not expected to have 

a significant economic impact on a 

substantial number of small entities. As 

a result, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Recording and 

reporting requirements. 

Dated: February 4, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

660 as follows: 

PART 660—FISHERIES OFF WEST 

COAST STATES 

■ 1. The authority citation for part 660 

continues to read as follows: 

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

773 et seq., and 16 U.S.C. 7001 et seq. 

■ 2. In § 660.402, revise the definition of 

‘‘Regional Administrator’’ to read as 

follows: 

§ 660.402 Definitions. 

* * * * * 

Regional Administrator means the 

Administrator, West Coast Region, 

NMFS. 

* * * * * 

660.408 [AMENDED] 

■ 3. In § 660.408, paragraph (m), 

footnote 2, remove ‘‘Director, 

Southwest’’ and add, in its place ‘‘West 

Coast’’ 

■ 4. In § 660.411, revise paragraph (c) to 

read as follows: 

§ 660.411 Notification and publication 

procedures. 

* * * * * 

(c) Availability of data. The Regional 

Administrator will compile in aggregate 

form all data and other information 

relevant to the action being taken and 

will make them available for public 

review upon request. Contact 

information will be published annually 

in the Federal Register, posted on the 

NMFS website, and announced on the 

telephone hotline. 

■ 5. In § 660.413; 

■ a. Remove and reserve paragraph (b); 

and 

■ b. Revise Figure 1 to § 660.413. 

§ 660.413 Overfished species rebuilding 

plans. 

* * * * * 


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* * * * * 

[FR Doc. 2022–02794 Filed 2–11–22; 8:45 am] 

BILLING CODE 3510–22–P 


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