Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65135 

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. section 804(2). This 

rule will be effective on November 26, 

2012. 

L. Petitions for Judicial Review 

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 December 24, 

2012. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: September 5, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 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 paragraph (c)(379)(i)(E) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(379) * * * 

(i) * * * 

(E) Mojave Desert Air Quality 

Management District. 

(1) Rule 1159, ‘‘Stationary Gas 

Turbines,’’ amended on September 28, 

2009. 

* * * * * 

[FR Doc. 2012–26212 Filed 10–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0334; FRL–9746–4] 

RIN 2060–AQ89 

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; stay. 

SUMMARY: On January 30, 2012, the EPA 

published in the Federal Register a 

proposed rule reconsidering certain 

provisions in the final National 

Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing 

Area Sources (CMAS) that was 

promulgated on October 29, 2009. The 

compliance date for the final CMAS rule 

is October 29, 2012. However, the EPA 

is still in the process of finalizing the 

reconsideration action. For this reason, 

a short stay of the final CMAS rule 

pending completion of the 

reconsideration action is warranted. 

Pursuant to the Clean Air Act, the EPA 

is staying until December 24, 2012 the 

final CMAS rule. 

DATES: Effective October 25, 2012, 40 

CFR part 63, subpart VVVVVV, is stayed 

until December 24, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nick Parsons, Sector Policies and 

Programs Division (E143–01), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

5372; fax number: (919) 541–0246; 

email address: parsons.nick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 29, 2009 (74 FR 56008), 

the EPA issued the final CMAS rule. On 

February 12, 2010, the American 

Chemistry Council and the Society of 

Chemical Manufacturers and Affiliates 

(collectively referred to as ‘‘Petitioners’’) 

sought reconsideration of certain 

provisions in the final rule. On June 15, 

2010, the EPA notified Petitioners that 

the EPA intended to initiate the 

reconsideration process. 

On January 30, 2012 (77 FR 4522), the 

EPA published a proposed rule 

reconsidering certain aspects of the final 

CMAS rule, including provisions that, if 

finalized, would revise the applicability 

of the final rule. The compliance date 

for the final CMAS rule is October 29, 

2012, and it was EPA’s expectation that 

the reconsideration would be finalized 

in advance of that date. However, the 

EPA is still in the process of finalizing 

the reconsideration action. For this 

reason, a short stay of the final rule is 

appropriate to allow the EPA the time 

necessary to complete the 

reconsideration action. 

Pursuant to Clean Air Act section 

307(d)(7)(B), the EPA is staying for 60 

days the provisions of 40 CFR part 63, 

subpart VVVVVV. 

II. Statutory and Executive Order 

Reviews 

A. General Requirements 

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). In addition, this action does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4), or 

require prior consultation with state 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993), 

or involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). Because 

this action is not subject to notice-andcomment requirements under the 

Administrative Procedure Act or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

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

et seq.). This action 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, 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 action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

The requirements of section 12(d) of the 


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65136 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action 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 EPA’s 

compliance with these statutes and 

Executive Orders for the underlying rule 

is discussed in the October 29, 2009, 

Federal Register document. 

B. Submission to Congress and the 

Comptroller General 

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. The EPA will 

submit a report containing this notice 

and other required information to the 

United States Senate, the United States 

House of Representatives and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. The stay of the 

provisions in 40 CFR part 63, subpart 

VVVVVV is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Monitoring, 

Reporting and recordkeeping. 

Dated: October 19, 2012. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, part 63 of 

the Code of Federal Regulations is 

amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart VVVVVV—[AMENDED] 

■ 2. Subpart VVVVVV is stayed from 

October 25, 2012 until December 24, 

2012. 

[FR Doc. 2012–26285 Filed 10–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 111220786–1781–01] 

RIN 0648–XC303 

Fisheries of the Northeastern United 

States; Black Sea Bass Fishery; 

Recreational Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2012 black sea bass recreational harvest 

limit has been exceeded. No one may 

fish for or possess black sea bass in 

Federal waters for the remainder of 

calendar year 2012, unless issued a 

Federal moratorium permit and fishing 

commercially. Regulations governing 

the black sea bass fishery require 

publication of this notification to advise 

that the recreational quota has been 

harvested and to advise vessel permit 

holders that no Federal recreational 

quota is available for fishing black sea 

bass. 

DATES: Effective at 0001 hr local time, 

November 1, 2012, through 2400 hr 

local time December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218, or 

Moira.Kelly@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the black sea bass 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a recreational harvest 

limit (RHL) for the Atlantic coast from 

Cape Hatteras, North Carolina, through 

Maine. The process to set the annual 

RHL is described in § 648.142. 

The initial total RHL for black sea 

bass for the 2012 fishing year is 1.86 

million lb (844 mt) (76 FR 82189, 

December 30, 2011). The 2012 RHL was 

reduced to 1.32 million lb (599 mt) after 

deduction of research set-aside and 

discards. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator), 

monitors the recreational harvest limit 

and determines when the recreational 

harvest limit has been met or exceeded. 

NMFS is required to publish 

notification in the Federal Register 

advising and notifying recreational 

vessels that, effective upon a specific 

date, the recreational harvest limit has 

been harvested. The Regional 

Administrator has determined based 

upon data from the Marine Recreational 

Fishing Statistical Survey and the 

Marine Recreational Information 

Program that the 2012 recreational black 

sea bass quota has been exceeded. 

Effective 0001 hours, November 1, 

2012, no one may fish for or possess 

black sea bass in Federal waters for the 

remainder of the 2012 calendar year, 

unless issued a commercial moratorium 

permit and fishing commercially. This 

closure also applies to vessels issued a 

Federal party/charter permit fishing in 

state waters. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: October 19, 2012. 

Emily H. Menashes, 

Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–26238 Filed 10–24–12; 8:45 am] 

BILLING CODE 3510–22–P 


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