11706 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Proposed Rules 

based on a combination of (1) 

certifications that previously adopted 

RACT controls in Virginia’s SIP that 

were approved by EPA under the 1-hour 

ozone NAAQS are based on the 

currently available technically and 

economically feasible controls, and 

continues to represent RACT for the 8- 

hour implementation purposes; (2) a 

negative declaration demonstrating that 

no facilities exist in the four county, five 

city area for the applicable CTG 

categories; and (3) a new RACT 

determination for a single source. EPA 

is soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely proposes to approve 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 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, this proposed rule, 

pertaining to the Virginia RACT under 

the 8-hour ozone NAAQS, does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 5, 2009. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–5839 Filed 3–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090206149–9302–01] 

RIN 0648–AX57 

Fisheries of the Northeastern United 

States; Proposed 2009 Specifications 

for the Spiny Dogfish Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes specifications 

for the spiny dogfish fishery for the 

2009 fishing year (FY) (May 1, 2009, 

through April 30, 2010). The 

implementing regulations for the Spiny 

Dogfish Fishery Management Plan 

(FMP) require NMFS to publish 

specifications for up to a period of 5 

years and to provide an opportunity for 

public comment. The intent of this 

rulemaking is to specify the commercial 

quota and other management measures, 

such as possession limits, to rebuild the 

spiny dogfish resource. NMFS proposes 

that the annual quota be set at 12 

million lb (5,443.11 mt), and that the 

possession limits for dogfish be set at 

3,000 lb (1.36 mt). 

DATES: Public comments must be 

received no later than 5 p.m. eastern 

standard time on April 3, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX57, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• Fax: 978–281–9135, Attn: Jamie 

Goen 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope: ‘‘Comments on 

2009 Dogfish Spex.’’ 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may 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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of supporting documents used 

by the Mid-Atlantic Fishery 

Management Council (Council), 

including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available from: Daniel T. Furlong, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South New 

Street, Dover, DE 19904–6790. The EA/ 

RIR/IRFA is also accessible via the 

Internet at http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen, Fishery Policy Analyst, 

phone: 978–281–9220, fax: 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: Spiny 

dogfish were declared overfished by 

NMFS on April 3, 1998, and added to 

that year’s list of overfished stocks in 

the Report on the Status of the Fisheries 

of the United States, prepared pursuant 

to section 304 of the Magnuson-Stevens 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Proposed Rules 11707 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Consequently, the Magnuson-Stevens 

Act required the preparation of 

measures to end overfishing and to 

rebuild the spiny dogfish stock. A joint 

FMP was developed by the Mid-Atlantic 

and New England Fishery Management 

Councils (Councils) during 1998 and 

1999. The Mid-Atlantic Fishery 

Management Council (MAFMC) was 

designated as the administrative lead on 

the FMP. 

The regulations implementing the 

FMP at 50 CFR part 648, subpart L, 

outline the process for specifying the 

commercial quota and other 

management measures (e.g., minimum 

or maximum fish sizes, seasons, mesh 

size restrictions, possession limits, and 

other gear restrictions) necessary to 

assure that the target fishing mortality 

rate (target F) specified in the FMP will 

not be exceeded in any fishing year 

(May 1 April 30), for a period of 1 5 

fishing years. The annual quota is 

allocated between two semi-annual 

quota periods as follows: Period 1, May 

1 through October 31 (57.9 percent); and 

Period 2, November 1 through April 30 

(42.1 percent). 

The Spiny Dogfish Monitoring 

Committee (Monitoring Committee), 

comprised of representatives from 

states; MAFMC staff; New England 

Fishery Management Council (NEFMC) 

staff; NMFS staff; academia; and two 

non-voting, ex-officio industry 

representatives (one each from the 

MAFMC and NEFMC regions) is 

required to review the best available 

information and to recommend a 

commercial quota and other 

management measures necessary to 

achieve the target F for the 1–5 fishing 

years. The Council’s Joint Spiny Dogfish 

Committee (Joint Committee) then 

considers the Monitoring Committee’s 

recommendations and any public 

comment in making its recommendation 

to the two Councils. Afterwards, the 

MAFMC and the NEFMC make their 

recommendations to NMFS. NMFS 

reviews those recommendations to 

assure they are consistent with the FMP, 

and may modify them if necessary. 

NMFS then publishes proposed 

measures for public comment. 

Spiny Dogfish Stock Status Update 

In the fall of 2008, the NMFS 

Northeast Fisheries Science Center 

(NEFSC) updated the spiny dogfish 

stock status using the model from the 

43rd Stock Assessment Review 

Committee (SARC), 2007 catch data, and 

results from the 2008 trawl survey. The 

stock status update estimated that the 

spiny dogfish female spawning stock 

biomass (SSB) is likely to be above the 

most recently calculated maximum 

sustainable yield biomass (Bmsy), 

which would indicate the stock is not 

overfished and could be considered 

rebuilt. However, there is no Bmsy 

target in the FMP because NMFS 

disapproved the Councils’ 

recommended biomass target (90% 

SSBmax) during the review of the FMP. 

Framework Adjustment 2 to the FMP 

has been submitted for review and, if 

approved, would incorporate updated 

biological reference points after the next 

benchmark stock assessment results 

from the Transboundary Resource 

Assessment Committee (TRAC) are 

available in late 2009. 

The NEFSC stock status update also 

estimated that overfishing is not 

occurring. Total removals in 2007 were 

approximately 12,136 mt (26.755 M lb), 

corresponding to an F estimate of 

0.1104, well below the overfishing 

threshold of F = 0.39 and essentially 

equivalent to Frebuild = 0.11. 

While the stock status update 

estimates that the stock could be 

considered rebuilt and that overfishing 

is not occurring, there are a number of 

concerns with the stock. These include: 

size frequency of the female population 

that is concentrated between 75 and 95 

cm (29.3 and 37.1 inches), with very few 

fish above 100 cm (39.1 inches) or 

below 70 cm (27.3 inches); several years 

of low pup production, implying that 

the population will oscillate over time 

decreasing to a low around 2017; a 

skewed sex ratio of males to females 

(4:1, rather than the expected 2:1); and 

concern that projections of future 

biomass include assumptions about pup 

survivorship and selectivity of gear that 

may be optimistic. 

Monitoring Committee 

Recommendations 

The Monitoring Committee and a 

representative of the MAFMC’s 

Scientific and Statistical Committee 

(SSC) met on October 31, 2008, to 

develop recommendations based on 

stock conditions estimated from the 

NEFSC stock status update. Based on 

the information from the stock status 

update, including the concerns over the 

status of the stock, the Monitoring 

Committee recommended a 

precautionary management response. 

The Monitoring Committee 

recommended maintaining the 

rebuilding F value of 0.11 as the target 

in FY 2009, as opposed to the F = 0.28 

target that is associated with a rebuilt 

stock. The fishing mortality associated 

with Frebuild results in a quota 

recommendation of 12 million lb 

(5,443.11 mt) for FY 2009, a 200 percent 

increase from the 4–million-lb 

(1,814.37–mt) quota in FY 2008. The 

Monitoring Committee also agreed that 

the commercial quota should be set for 

1 fishing year pending the TRAC stock 

assessment in 2009. The Monitoring 

Committee recommended that the 

possession limit be set at 3,000 lb (1.36 

mt), up from 600 lb (272 kg) in 2008. A 

3,000–lb (1.36–mt) possession limit 

would allow for increased retention of 

dogfish incidentally captured in Federal 

waters. 

Joint Committee Recommendations 

The Joint Committee met on 

November 17, 2008, to review the 

Monitoring Committee’s 

recommendations and make its 

recommendation to the Councils. 

Council staff noted the SSC had been 

polled and generally supported the 

recommendation. The Joint Committee 

agreed with the Monitoring Committee’s 

recommendation; to establish a 12– 

million-lb (5,443.11–mt) quota with a 

possession limit of 3,000 lb (1.36 mt). 

Council Recommendations 

The MAFMC and NEFMC met in 

December and November 2008, 

respectively, to review the Joint 

Committee’s recommendation. The 

Councils agreed with the 

recommendation, a commercial quota of 

12 million lb (5,443.11 mt) and a 

possession limit of 3,000 lb (1.36 mt), 

and recommended that NMFS 

implement these recommendations for 

FY 2009. 

Alternatives Adopted by the Atlantic 

States Marine Fisheries Commission 

(ASFMC) 

The Councils’ quota and possession 

limit recommendations are consistent 

with those adopted for state waters in 

FY 2009 by the ASMFC at its October 

2008 meeting. However, the newly 

approved Addendum II to the ASMFC’s 

Interstate FMP for Spiny Dogfish 

removes the seasonal quota split (Period 

1 and Period 2) for state fisheries and reallocates the ASMFC quota with 58 

percent to states from Maine through 

Connecticut, 26 percent to New York 

through Virginia, and 16 percent to 

North Carolina. Thus, while the overall 

12–million-lb (5,443.11–mt) quota is the 

same for both state and Federal waters, 

the way that quota is allocated differs by 

region and season. One of the 

implications of this difference is that 

state and Federal waters may close at 

different times, depending on regional 

and seasonal quota attainment. 


pwalker on PROD1PC71 with PROPOSALS
11708 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Proposed Rules 

Proposed Measures 

NMFS reviewed the Councils’ 

recommendations and proposes to 

implement their recommendations of a 

commercial spiny dogfish quota of 12 

million lb (5,443.11 mt) and a 

possession limit of 3,000 lb (1.36 mt) for 

FY 2009. As specified in the FMP, quota 

Period 1 (May 1 through October 31) 

would be allocated 57.9 percent of the 

quota, 6,948,000 lb (3,151.56 mt), and 

quota Period 2 (November 1 through 

April 30) would be allocated 42.1 

percent of the quota, 5,052,000 lb 

(2,291.55 mt). 

Classification 

Pursuant to section 304 (b)(1)(A) of 

the Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the Spiny Dogfish FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An initial regulatory flexibility 

analysis (IRFA) was prepared, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA). The 

IRFA describes the economic impact 

this proposed rule, if adopted, would 

have on small entities. A description of 

the action, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of this analysis is available from 

the Council (see ADDRESSES). A 

summary of the analysis follows: 

Statement of Objective and Need 

A description of the reasons why this 

action is being considered, and the 

objectives of and legal basis for this 

action, is contained in the preamble to 

this proposed rule and is not repeated 

here. 

Description and Estimate of Number of 

Small Entities to Which the Rule Will 

Apply 

All of the potentially affected 

businesses are considered small entities 

under the standards described in NMFS 

guidelines because they have gross 

receipts that do not exceed $3.5 million 

annually. Information from FY 2007 was 

used to evaluate impacts of this action, 

as that is the most recent year for which 

data are complete. According to NMFS 

permit file data, 3,142 vessels were 

issued Federal spiny dogfish permits in 

FY 2007, while 257 of these vessels 

contributed to overall landings. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

This action does not contain any new 

collection-of-information, reporting, 

recordkeeping, or other compliance 

requirements. It does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

Minimizing Significant Economic 

Impacts on Small Entities 

The IRFA considered three 

alternatives. The action recommended 

in this proposed rule, Alternative 1, 

includes a commercial quota of 12 

million lb (5,443.11 mt), and the 

possession limit at 3,000 lb (1.36 mt), 

for both quota periods during FY 2009. 

Alternative 2 is the same as Alternative 

1, but with a more liberal quota of 36.5 

million lb (16,556.14 mt). Alternative 3, 

the status quo/no action alternative, 

would result in commercial quota of 4 

million lb (1,814.37 mt) and a 

possession limit of 600 lb (272 kg) for 

both quota periods. 

Alternatives 1 and 2 have higher 

quotas than prior years. Assuming that 

the quota implemented would be 

attained, Alternatives 1 and 2 would be 

expected to increase overall revenue 

from dogfish landings, a beneficial 

economic impact on small entities. FY 

2008 revenue is estimated using the 

average FY 2007 price/lb ($0.20) and the 

FY 2008 state quota of 8 million lb 

(3,628.74 mt) to equal $1.6 million. The 

increase in revenue in FY 2009 

compared to FY 2008 could amount to 

$800,000 under Alternative 1 (preferred) 

and Alternative 3, and $5.7 million 

under Alternative 2. Alternative 3 is 

expected to result in a revenue increase 

because landings for spiny dogfish 

would presumably continue in state 

waters even after Federal waters closed 

until the 12–million-lb (5,443.11–mt) 

state quota implemented by the ASMFC 

for FY 2009 was reached. The net 

economic benefits by alternative would 

be greatest under Alternative 2, then 

Alternative 1 (preferred), and lastly by 

Alternative 3. Although total dogfish 

revenues may be the same under 

Alternative 1 and 3, the lower trip limit 

under Alternative 3 would distribute 

revenues at a lower rate over a longer 

period. Alternatives 1 and 2 would have 

a beneficial economic impact on small 

entities, including fishermen, 

processors, and the businesses that 

support them. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: March 16, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out above, 50 CFR 

part 648 is proposed to be amended as 

follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

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

2. In § 648.235, paragraphs (a) and (b) 

are revised to read as follows: 

§ 648.235 Possession and landing 

restrictions. 

(a) Quota Period 1. From May 1 

through October 31, vessels issued a 

valid Federal spiny dogfish permit 

specified under § 648.4(a)(11) may: 

(1) Possess up to 3,000 lb (1.36 mt) of 

spiny dogfish per trip; and 

(2) Land only one trip of spiny 

dogfish per calendar day. 

(b) Quota Period 2. From November 1 

through April 30, vessels issued a valid 

Federal spiny dogfish permit specified 

under § 648.4(a)(11) may: 

(1) Possess up to 3,000 lb (1.36 mt) of 

spiny dogfish per trip; and 

(2) Land only one trip of spiny 

dogfish per calendar day. 

* * * * * 

[FR Doc. E9–6023 Filed 3–18–09; 8:45 am] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with PROPOSALS