Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 64245 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 112 

[EPA–HQ–OPA–2011–0838; FRL–9481–4] 

RIN 2050–AG59 

Oil Pollution Prevention; Spill 

Prevention, Control, and 

Countermeasure (SPCC) Rule— 

Compliance Date Amendment for 

Farms 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the date by which 

farms must prepare or amend, and 

implement their Spill Prevention, 

Control, and Countermeasure Plans to 

May 10, 2013. 

DATES: This rule is effective on 

November 7, 2011 without further 

notice, unless EPA receives adverse 

comment by November 2, 2011. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. For 

more information on effective and 

comment dates, see SUPPLEMENTARY

INFORMATION. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OPA–2011–0838, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: Docket.RCRA@epa.gov. 

• Fax: 202–566–9744. 

• Mail: EPA Docket Center (EPA/DC), 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460. Attention Docket ID No. 

EPA–HQ–OPA–2011–0838. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OPA–2011– 

0838. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA–HQ–OPA–2011–0838. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–1744. 

EPA Docket Center (EPA/DC), EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Superfund, TRI, EPCRA, RMP and Oil 

Information Center at (800) 424–9346 or 

TDD (800) 553–7672 (hearing impaired). 

In the Washington, DC metropolitan 

area, call (703) 412–9810 or TDD (703) 

412–3323. For more detailed 

information on specific aspects of this 

final rule, contact either Lynn Beasley at 

(202) 564–1965 (beasley.lynn@epa.gov) 

or Mark W. Howard at (202) 564–1964 

(howard.markw@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5104A. 

SUPPLEMENTARY INFORMATION: EPA is 

providing 15 days for adverse comment. 

EPA is providing a review time of 15 

days because the amendment to the 

compliance date is straightforward and 

there are no additional amendments to 

the regulation. In addition, there is a 

certain urgency of to this rule due to the 

impact that flooding has had on farms 

to comply with this regulation, the low 

likelihood of comment, and the fact that 

the targeted community is aware that an 

extension is under consideration. 

Interested parties should be able to 

express their comments within the 15 

day period through electronic means. 

There is no requirement to delay the 

effective date, because this rule relieves 

a restriction and grants an exemption by 

extending the compliance date of the 

Spill, Prevention, Control, and 

Countermeasure rule. 5 U.S.C. 553(d)(1). 

It is also not a ‘‘major rule’’ for the 

purposes of the Congressional Review 

Act. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment since 

this action provides owners and 

operators of farms an additional 18 

months to prepare or amend, and 

implement their Spill Prevention, 

Control, and Countermeasure (SPCC) 

Plan. This action does not add an 

additional burden to comply with the 

regulations contained in 40 CFR part 

112—Oil Pollution Prevention. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are also publishing a separate proposed 

rule to provide owners and operators of 

farms an additional 18 months to 

prepare or amend, and implement their 

SPCC Plan, if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 


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64246 Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 

1http://www.fema.gov/news/disasters.fema. 

II. Does this action apply to me? 

Industry sector NAICS code 

Farms ........................................ 111, 112 

Government .............................. 92 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. What does this amendment do? 

This direct final rule amends the date 

by which farms as defined in section 

112.2 must prepare or amend, and 

implement their SPCC Plan to May 10, 

2013. A farm is defined in this section 

as a facility on a tract of land devoted 

to the production of crops or raising of 

animals, including fish, which 

produced and sold, or normally would 

have produced and sold, $1,000 or more 

of agricultural products during a year. 

On June 19, 2009 (74 FR 29136), EPA 

issued a final rule in the Federal 

Register that amended the dates by 

which facilities must prepare or amend 

their SPCC Plans, and implement those 

Plans to November 10, 2010. Then on 

October 14, 2010 (75 FR 63093), EPA 

issued a final rule in the Federal 

Register with a new compliance date of 

November 10, 2011, by which certain 

facilities must prepare or amend and 

implement their SPCC Plans, providing 

an additional year for the remaining 

facilities. This action further extends the 

compliance date to May 10, 2013 for the 

owners or operators of farms as defined 

in 40 CFR 112.2. The Agency recognizes 

that the owners or operators of some 

facilities excluded from the extension of 

the compliance date may still require 

additional time to amend or prepare 

their SPCC Plans as a result of either 

non-availability of qualified personnel, 

or delays in construction or equipment 

delivery beyond the control and without 

the fault of the owner or operator. If so, 

the owner or operator of the facility may 

submit a written request for additional 

time to amend or prepare a SPCC Plan 

to the Regional Administrator in 

accordance with § 112.3(f). This rule is 

not the vehicle for other extensions. 

EPA is not extending the compliance 

date for any other facilities as other 

facilities are not season-dependent and 

are less likely to be impacted by severe 

weather conditions. Additionally, other 

facilities retain the alternative 

mechanism for requesting an extension 

to the compliance date through 

§ 112.3(f). Interested facilities may also 

petition the agency to consider 

additional rulemaking. 

A large segment of the continental 

United States was affected by flooding 

during the spring and summer of 2011. 

Other areas were impacted by 

devastating fires and drought 

conditions. Many counties in several 

States were declared disaster areas by 

either the Federal or their State 

government or both. EPA has received a 

number of letters and other 

correspondence, from State Agricultural 

Departments and other parties, 

explaining the impact of these recent 

floods on the owners and operators of 

farms and their ability to comply with 

the SPCC rule. These owners and 

operators have experienced 

interruptions in planting, cultivation 

and harvesting due to these floods. 

According to the Federal Emergency 

Management Agency (FEMA) in 2011, 

the Agency issued 56 Major Disaster/ 

Emergency Declarations specifically 

associated with flooding events. 

According to FEMA’s 2011 data, 

approximately two thirds of the fifty 

states had a FEMA flooding Major 

Disaster/Emergency Declarations. 

Almost a quarter of the fifty states had 

multiple FEMA declarations due to 

flooding.1 These declarations are 

widespread throughout the crop 

production areas of the country. The 

Agency was also advised in the 

correspondence that there may be a lack 

of available qualified Professional 

Engineers (PEs) in some areas of the 

country to assist in the preparation, 

implementation, and review of SPCC 

Plans for farms. 

In addition, despite the targeted farm 

outreach efforts by EPA over the past 

ten months, the sheer number of farms 

throughout the U.S. makes it a challenge 

to reach those owners and operators of 

farms that may be subject to the SPCC 

Plan regulations. As a result, the Agency 

believes that farms, as defined in section 

112.2, need additional time to come into 

compliance with the requirements to 

prepare or amend and implement a 

SPCC Plan. Thus, the Agency has 

decided to extend the compliance date 

by which owners or operators of a farm 

must prepare or amend and implement 

a SPCC Plans to May 10, 2013. The 

additional 18 months allows enough 

time for farms to come in compliance 

with this regulation. The owners and 

operators of farms are strongly 

encouraged not to delay, and to take 

advantage of the off-season for planting 

and growing, in preparing their SPCC 

Plans. However, any farm owner or 

operator who is not able to come into 

compliance by May 10, 2013, and 

wishes to seek a further extension of the 

compliance date, should submit a 

written request to the Regional 

Administrator of the EPA Regional 

Office for the State where the farm is 

located in accordance with paragraph (f) 

of 40 CFR 112.3. 

The amendment to the compliance 

date does not remove the regulatory 

requirement for owners or operators of 

farms in operation before August 16, 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 64247 

2002, to have and to maintain and 

continue implementing a SPCC Plan in 

accordance with the SPCC regulations 

then in effect. Such owners and 

operators continue to be required to 

maintain plans during the interim until 

the applicable compliance date for 

amending and implementing the 

amended Plans. In addition, the 

amendment of the compliance date does 

not relieve the owners and operators of 

farms from the potential liability under 

the Clean Water Act or other 

environmental statutes or regulations for 

any spills (see 40 CFR part 110) that 

may occur. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This direct final action does not 

impose any new information collection 

burden. The amendments in this direct 

final rule simply extend the compliance 

date for farms. This direct final rule 

does not change any reporting 

requirements in the general provisions. 

However, the Office of Management and 

Budget (OMB) has previously approved 

the information collection requirements 

contained in the existing subparts of 40 

CFR 112 under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2050–0021. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

Subparts that will be added through 

separate rulemakings will document the 

respective information collection 

requirements in their own ICR 

documents. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The direct final rule simply amends the 

date for compliance. The direct final 

rule does not itself add any additional 

subparts or requirements. The direct 

final rule will not impose any new 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains no Federal 

mandates under the provisions of title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

State, local, or tribal governments or the 

private sector. The action imposes no 

enforceable duty on any State, local or 

tribal governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. This action is also not 

subject to the requirements of section 

203 of UMRA because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. The amendments in this 

final rule change the dates for 

compliance for farms. 

E. Executive Order 13132: Federalism 

Executive Order (EO) 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have Federalism 

implications.’’ ‘‘Policies that have 

Federalism implications’’ is defined in 

the EO to include regulations that 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.’’ 

This final rule does not have 

Federalism implications. It will 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 EO 

13132. 

This amendment applies directly to 

farms. They do not apply to 

governmental entities unless the 

government entity owns a farm, as 

defined in 40 CFR 112.2 Definitions. 

This regulation also does not limit the 

power of States or localities to regulate 

farms. Thus, EO 13132 does not apply 

to this final rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The changes in this direct final 

rule do not result in any changes to the 

requirements of the 2009 rule. Thus 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This direct final rule is not subject to 

EO 13045 (62 FR 19885, April 23, 1997) 

because it is not economically 

significant as defined in EO 12866, and 

because the Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. The 

changes in this direct final rule do not 

result in any changes to the 

requirements applicable to farms, final 

rule other than the date for compliance. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 


srobinson on DSK4SPTVN1PROD with RULES
64248 Federal Register / Vol. 76, No. 201 / Tuesday, October 18, 2011 / Rules and Regulations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that the direct 

final amendments will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the amendments do not affect 

the level of protection provided to 

human health or the environment. 

K. Congressional Review Act 

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 rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. 

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). This rule will be 

effective November 7, 2011. 

List of Subjects in 40 CFR Part 112 

Oil pollution prevention, Farms, 

Compliance date, Reporting and 

recordkeeping requirements. 

Dated: October 13, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 112—OIL POLLUTION 

PREVENTION 

■ 1. The authority citation for part 112 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq.; 33 

U.S.C. 2720; and E.O. 12777 (October 18, 

1991), 3 CFR, 1991 Comp., p. 351. 

■ 2. Section 112.3 is amended by adding 

paragraph (a)(3) to read as follows: 

§ 112.3 Requirement to prepare and 

implement a Spill Prevention, Control, and 

Countermeasure Plan. 

* * * * * 

(a) * * * 

(3) If your farm, as defined in § 112.2, 

was in operation on or before August 16, 

2002, you must maintain your Plan, but 

must amend it, if necessary to ensure 

compliance with this part, and 

implement the amended Plan no later 

than May 10, 2013. If your farm 

becomes operational after August 16, 

2002, through May 10, 2013, and could 

reasonably be expected to have a 

discharge as described in § 112.1(b), you 

must prepare and implement a Plan on 

or before May 10, 2013. If your farm 

becomes operational after May 10, 2013, 

and could reasonably be expected to 

have a discharge as described in 

§ 112.1(b), you must prepare and 

implement a Plan before you begin 

operations. 

* * * * * 

[FR Doc. 2011–27047 Filed 10–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA766 

Gulf of Mexico Reef Fish Fishery; 

Closure of the 2011 Gulf of Mexico 

Commercial Sector for Greater 

Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for greater amberjack in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf). These actions are 

necessary to reduce overfishing of the 

Gulf greater amberjack resource. 

DATES: The closure of the commercial 

sector for Gulf greater amberjack is 

effective 12:01 a.m., local time, October 

20, 2011, until 12:01 a.m., local time, on 

January 1, 2012. 

ADDRESSES: Electronic copies of the 

final rule for Amendment 30A, the Final 

Supplemental Environmental Impact 

Statement (FSEIS) for Amendment 30A, 

and other supporting documentation 

may be obtained from Steve Branstetter, 

NMFS, Southeast Regional Office, 263 

13th Avenue, South, St. Petersburg, FL 

33701; telephone: 727–824–5305. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf is managed 

under the Fishery Management Plan for 

Reef Fish Resources of the Gulf of 

Mexico (FMP). The FMP was prepared 

by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The 2006 reauthorization of the 

Magnuson-Stevens Act implemented 

new requirements that annual catch 

limits (ACLs) and accountability 

measures (AMs) be established to end 

overfishing and prevent overfishing 

from occurring. AMs are management 

controls to prevent ACLs from being 

exceeded, and to correct or mitigate 

overages of the ACL if they occur. 

Section 303(a)(15) of the MagnusonStevens Act mandates the establishment 

of ACLs at a level such that overfishing 

does not occur in the fishery, including 

measures to ensure accountability. 

On July 3, 2008, NMFS issued a final 

rule (73 FR 38139) to implement 

Amendment 30A to the FMP 

(Amendment 30A). Amendment 30A 

established a commercial quota for Gulf 

greater amberjack of 503,000 lb (228,157 

kg) and an AM that would go into effect 

if the commercial quota for greater 

amberjack is exceeded. In accordance 

with regulations at 50 CFR 

622.49(a)(1)(i), when the applicable 

commercial quota is reached, or 

projected to be reached, the Assistant 

Administrator for Fisheries, NOAA, 

(AA), will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. If despite such 

closure, commercial landings exceed the 

quota, the AA will reduce the quota the 

year following an overage by the amount 

of the overage of the prior fishing year. 


srobinson on DSK4SPTVN1PROD with RULES