21076 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 

Proposed § 3010.165(b). Proposed 

§ 3010.165(b) is added to clarify the 

timing and content requirements for 

motions for reconsideration. 

Proposed § 3010.165(c). Proposed 

§ 3010.165(c) is added to explain that 

motions for reconsideration do not, on 

their own, stay the effect of the 

underlying order. 

List of Subjects in 39 CFR Part 3010 

Administrative practice and 

procedure, Confidential business 

information, Freedom of information, 

Sunshine Act. 

Erica A. Barker, 

Secretary. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend chapter III of title 39 of the Code 

of Federal Regulations as follows: 

PART 3010—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 3010 

continues to read as follows: 

Authority: 39 U.S.C. 404(d); 503; 504; 

3661. 

■ 2. Add § 3010.165 to read as follows: 

§ 3010.165 Motions for reconsideration. 

(a) Any person may file a motion 

requesting reconsideration of a final 

order by the Commission. 

(b) The motion shall be filed within 

15 days of the issuance of the final order 

that is the subject of the motion and 

must: 

(1) Briefly and specifically allege 

material errors of fact or law and the 

relief sought; and 

(2) Be confined to new questions 

raised by the determination or action 

ordered and upon which the moving 

party had no prior opportunity to 

submit arguments. 

(c) Unless the Commission orders 

otherwise, the filing of a motion for 

reconsideration shall not stay the effect 

of an order of the Commission. 

[FR Doc. 2022–07725 Filed 4–8–22; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0807; FRL–9680–01– 

R8] 

Approval and Promulgation of 

Implementation Plans; South Dakota; 

Revisions to South Dakota Codified 

Law and Administrative Rules of South 

Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA or the ‘‘Agency’’) is 

proposing approval of South Dakota’s 

submittal requesting that EPA recognize 

the merger of South Dakota’s 

Department of Agriculture (DOA) with 

the Department of Environment and 

Natural Resources (DENR) to form the 

new Department of Agriculture and 

Natural Resources (DANR) and 

incorporate corresponding nonsubstantive revisions to the South 

Dakota Codified Law (SDCL) and the 

Administrative Rules of South Dakota 

(ARSD) into South Dakota’s State 

Implementation Plan. Accordingly, EPA 

is proposing to approve South Dakota’s 

submittal in accordance with the Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before May 11, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0807, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, the full EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, Air and Radiation Division, 

U.S. Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–ARD– 

QP, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, telephone 

number: (303) 312–6175, email address: 

gregory.kate@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. In the Final 

Rules section of this Federal Register, 

EPA is approving the State’s SIP 

submittal as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no relevant adverse comments 

are received in response to this rule, no 

further activity is contemplated. If EPA 

receives such comments, the direct final 

rule will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 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. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this issue of the Federal Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 


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Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Proposed Rules 21077 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: April 2, 2022. 

K.C. Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–07411 Filed 4–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220405–0084] 

RIN 0648–BL17 

Atlantic Highly Migratory Species; 

Shortfin Mako Shark Retention Limit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS is proposing to 

implement a flexible shortfin mako 

shark retention limit with a default limit 

of zero in commercial and recreational 

Atlantic highly migratory species (HMS) 

fisheries. NMFS proposes to leave the 

default limit of zero in place unless and 

until changed. Changes to the retention 

limit could only be made based on 

regulatory criteria and only if consistent 

with an allowable retention 

determination made by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) pursuant to 

Recommendation 21–09. This action is 

necessary to implement the binding 

recommendation of ICCAT adopted in 

2021, as authorized under the Atlantic 

Tunas Convention Act (ATCA), and to 

achieve domestic management 

objectives under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Written comments must be 

received by May 11, 2022. NMFS will 

hold a public hearing via conference 

call and webinar for this proposed rule 

on April 27, 2022, from 2 p.m. to 5 p.m. 

EDT. For webinar registration 

information, see the SUPPLEMENTARY

INFORMATION section of this document. 

ADDRESSES: Electronic copies of this 

proposed rule and supporting 

documents are available from the HMS 

Management Division website at https:// 

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2022–0015, by electronic submission. 

Submit all electronic public comments 

via the Federal e-Rulemaking Portal. Go 

to https://www.regulations.gov and 

enter ‘‘NOAA–NMFS–2022–0015’’ in 

the Search box. Click on the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the close of 

the comment period, may not be 

considered by NMFS. 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.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Carrie Soltanoff (carrie.soltanoff@

noaa.gov) or Guy DuBeck (guy.dubeck@

noaa.gov) at 301–427–8503. 

SUPPLEMENTARY INFORMATION: North 

Atlantic shortfin mako sharks are 

managed primarily under the authority 

of the Magnuson-Stevens Act (16 U.S.C. 

1801 et seq.), as well as under ATCA (16 

U.S.C. 971 et seq.) because they are 

primarily caught in fisheries for tuna 

and tuna-like species. Like other 

Atlantic highly migratory species, North 

Atlantic shortfin mako sharks are 

managed under the 2006 Consolidated 

Atlantic HMS Fishery Management Plan 

(2006 Consolidated HMS FMP) and its 

amendments, implemented by 

regulations at 50 CFR part 635. 

NMFS has prepared an Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), and an Initial Regulatory 

Flexibility Analysis (IRFA), which 

analyze the anticipated environmental, 

social, and economic impacts of several 

alternatives for each of the major issues 

contained in this proposed rule. A brief 

summary of the alternatives considered 

and the background of this proposed 

rule are provided below. Additional 

information regarding this rule and 

overall Atlantic shark management can 

be found in the draft EA/RIR/IRFA, the 

2006 Consolidated HMS FMP and its 

amendments, the annual HMS Stock 

Assessment and Fishery Evaluation 

(SAFE) Reports, and online at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

A copy of the draft EA/RIR/IRFA 

prepared for this proposed rule is 

available from NMFS (see ADDRESSES). 

Recent ICCAT Shortfin Mako Shark 

Stock Assessments and 

Recommendations 

The North Atlantic shortfin mako 

shark (Isurus oxyrinchus) is a highly 

migratory species that ranges across the 

entire North Atlantic Ocean and is 

caught by vessels from numerous 

countries. The stock is predominantly 

caught in association with fisheries that 

primarily target tunas and tuna-like 

species. While these sharks have been a 

valued component of U.S. recreational 

and commercial fisheries, U.S. catch 

represents only a small portion of the 

species’ total catch in the North Atlantic 

by all reporting countries. International 

measures are, therefore, critical to 

effective conservation and management 

of the species. 

In 2017, ICCAT’s scientific body, the 

Standing Committee on Research and 

Statistics (SCRS), conducted a 

benchmark stock assessment for North 

Atlantic shortfin mako sharks. ICCAT 

accepted the assessment and adopted 

new management measures for the stock 

in ICCAT fisheries (Recommendation 

17–08). These measures largely focused 

on maximizing live releases of North 

Atlantic shortfin mako sharks, allowing 

retention only in certain limited 

circumstances, increasing minimum 

size limits, and improving data 

collection. Further details are available 

in Amendment 11 to the 2006 

Consolidated HMS FMP (Amendment 

11; 84 FR 5358, February 21, 2019). 

Following the SCRS assessment, NMFS 

applied domestic stock status 

determination criteria in 2017 and 

determined the stock to be overfished 

and experiencing overfishing. 

In 2019, the SCRS completed a North 

Atlantic shortfin mako shark stock 

assessment update and provided 

additional rebuilding information that 

reflected rebuilding timeframes of two 

mean generation times (through 2070). 

Following the update, ICCAT adopted 

Recommendation 19–06, which 

maintained the shortfin mako shark 

management measures in 

Recommendation 17–08 and called for 

the development of additional measures 

in order to establish a rebuilding plan 

with a high probability of avoiding 

overfishing and rebuilding the stock to 

biomass at maximum sustainable yield 

(BMSY) within a timeframe that takes 

into account the biology of the stock. 

Given that Recommendation 19–06 

called for the development of additional 

measures in order to establish a 

rebuilding plan, ICCAT at the November 


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