37812 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34) (h), of the Instruction. This rule 

involves special local regulations issued 

in conjunction a regatta or marine 

parade. Under figure 2–1, paragraph (34) 

(h), of the instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–0201 

to read as follows: 

§ 100.35T07–0201 Special Local 

Regulations; ODBA Draggin’ on the 

Waccamaw, Atlantic Intracoastal Waterway, 

Bucksport, SC. 

(a) Regulated Area. The following 

regulated area is established as a special 

local regulation: All waters of the 

Atlantic Intracoastal Waterway 

encompassed within an Imaginary line 

connecting the following points; starting 

at point 1 in position 33°39′11.46′′ N 

079°05′36.78′′ W; thence west to point 2 

in position 33°39′12.18′′ N 

079°05′47.76′′ W; thence south to point 

3 in position 33°38′39.48′′ N 

079°05′37.44′′ W; thence east to point 4 

in position 33°38′42.3′′ N 079°05′30.6′′ 

W; thence north back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) All persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated areas unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16 to seek 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such permission 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners, Local Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Period. This rule will 

be enforced daily from 11:30 a.m. until 

7:30 p.m. on June 23, 2012 through June 

24, 2012. 

Dated: June 6, 2012. 

M.F. White, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2012–15512 Filed 6–21–12; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0177; FRL–9689–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; South 

Carolina; Emissions Statements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a portion of a State 

Implementation Plan (SIP) revision 

submitted on April 29, 2010, by the 

State of South Carolina, through the 

Department of Health and 

Environmental Control (SC DHEC), to 

meet the emissions statements 

requirement for the York County portion 

of the bi-state Charlotte-Gastonia-Rock 

Hill, North Carolina-South Carolina 

1997 8-hour ozone nonattainment area. 

The Charlotte-Gastonia-Rock Hill, North 

Carolina-South Carolina 1997 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘bi-state Charlotte 

Area’’) is comprised of Cabarrus, 

Gaston, Lincoln, Mecklenburg, Rowan, 

Union and a portion of Iredell 

(Davidson and Coddle Creek 

Townships) Counties in North Carolina; 


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1EPA notes that the Agency issued a revised 8- 

hour ozone standard on March 27, 2008 (73 FR 

16436). Today’s action, however, relates to the 1997 

ozone standard. The designation and 

implementation process for the 2008 standard does 

not relate to this action. 

2When the pre-existing 1-hour ozone standard 

was promulgated (62 FR 38856), the risks associated 

with exposure to lower concentrations of ozone 

over longer periods of time was less understood. 

3The March 14, 2006, Curran Memo can be found 

at http://www.epa.gov/ttnchie1/eidocs/eiguid/ 

8hourozone_naaqs_031406.pdf. 

and a portion of York County (i.e., the 

boundary for the Rock Hill-Fort Mill 

Area Transportation Study) in South 

Carolina. EPA is addressing the 

emissions statements requirement for 

the North Carolina portion of this Area 

in a separate action. This action is being 

taken pursuant to section 110 and 

section 182 of the Clean Air Act (CAA 

or Act). 

DATES: This direct final rule is effective 

August 24, 2012 without further notice, 

unless EPA receives adverse comment 

by July 25, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2008–0177,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0177,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2008–0177.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Sara Waterson of the Regulatory 

Development Section, in the Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9061. 

Ms. Sara Waterson can be reached via 

electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for EPA’s action? 

II. What is EPA’s analysis of the emissions 

statements for South Carolina? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What is the background for EPA’s 

action? 

On July 18, 1997, EPA promulgated a 

revised national ambient air quality 

standard (NAAQS or standard) for 

ozone, setting the standard at 0.08 parts 

per million (ppm) averaged over an 8- 

hour time frame.1 This revised standard 

was established based on scientific 

evidence demonstrating that ozone 

causes adverse health effects at lower 

ozone concentrations and over longer 

periods of time.2

On April 30, 2004, EPA published 

designations and classifications for the 

revised 1997 8-hour ozone standard (69 

FR 23858). These actions became 

effective on June 15, 2004. South 

Carolina was required to develop 

nonattainment SIP revisions addressing 

the CAA requirements for its 

nonattainment areas. Among other 

things, South Carolina was required to 

address the emissions statements 

requirement pursuant to CAA section 

182(a)(3)(B). 

Section 182(a)(3)(B)(i) of the CAA, 

requires states with areas designated 

nonattainment for the ozone NAAQS 

(under subpart 2 of the Act) to submit 

within 2 years of designations a SIP 

revision to require emissions statements 

to be submitted annually by nitrous 

oxides (NOX) and volatile organic 

compound (VOC) sources to the state 

within that nonattainment area. Section 

182(a)(3)(B)(ii) provides criteria for 

waiving the application of clause (i) to 

sources which emit less than 25 tons per 

year of NOX or VOC. 

In a March 14, 2006, memorandum 

from Thomas C. Curran, Director Air 

Quality Assessment Division to EPA 

Regional Air Division Directors (Curran 

Memo),3 EPA clarified that the 

emissions statements requirement under 

CAA section 182(a)(3)(B), is applicable 

to all areas designated nonattainment 

for the 1997 8-hour ozone NAAQS and 

classified marginal or higher under 

subpart 2, part D, title I of the CAA. 

Consistent with EPA’s interpretation of 


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37814 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

4South Carolina withdrew an August 31, 2007, 

attainment demonstration SIP for its portion of the 

bi-state Charlotte Area on December 22, 2008. On 

April 29, 2010, South Carolina resubmitted the 

attainment demonstration SIP for its portion of the 

bi-state Charlotte Area. 

the submission period for other subpart 

2 obligations, the Curran Memo 

provides that the 2-year submission 

period for the emissions statements rule 

for the 1997 8-hour ozone standard will 

run from the date an area was 

designated nonattainment and classified 

under subpart 2 for the 8-hour standard. 

Thus, states were required to submit 

their emissions statements rule by June 

15, 2006, and the rule is required to 

provide that sources submit their first 

emissions statements to the state by no 

later than June 15, 2007 (for the 2006 

calendar year). The Curran Memo 

further provides that if an area has a 

previously approved emissions 

statements rule for the 1-hour standard 

that covers all portions of the designated 

1997 8-hour ozone nonattainment area, 

such rule will generally be sufficient for 

purposes of the emissions statements 

requirement for the 1997 8-hour ozone 

standard. 

On April 29, 2010, South Carolina 

submitted an attainment 

demonstration 4 and associated 

reasonably available control measures, a 

reasonable further progress (RFP) plan, 

contingency measures, emissions 

statement, a 2002 base year emissions 

inventory and other planning SIP 

revisions related to attainment of the 

1997 8-hour ozone NAAQS for its 

portion of the bi-state Charlotte Area. 

On November 15, 2011, EPA determined 

the bi-state Charlotte Area attained the 

1997 8-hour ozone NAAQS; and 

subsequently, on March 7, 2012, EPA 

determined that the bi-state Charlotte 

Area attained the 1997 8-hour ozone 

NAAQS by the applicable attainment 

date. See 76 FR 70656, and 77 FR 13493, 

respectively. Therefore, on January 12, 

2012, South Carolina withdrew its 

portion of the bi-state Charlotte Area’s 

attainment demonstration (the RFP, 

emissions statements, and the emissions 

inventory submittals, however, were not 

withdrawn) pursuant to 40 CFR 51.918. 

In today’s action, EPA is approving the 

emissions statements portion of the 

attainment demonstration submitted by 

the State of South Carolina on April 29, 

2010, as required by section 

182(a)(3)(B). EPA will take action on the 

RFP and emissions inventory of South 

Carolina’s April 29, 2010, SIP revision 

in separate actions. 

II. What is EPA’s analysis of the 

emissions statements for South 

Carolina? 

The April 29, 2010, SIP revision states 

that South Carolina has the authority to 

require annual emissions statements 

and is taking specific actions to comply 

with the emissions statements 

requirements for any class or category of 

stationary sources that emits 25 tons per 

year or more of VOCs or NOX. Section 

VI. Moderate Nonattainment 

Requirements of the April 29, 2010, SIP 

revision states that the South Carolina 

portion of the moderate nonattainment 

area shall make submissions prescribed 

under the CAA section 182(a) and will 

comply with these mandates. 

Furthermore, South Carolina ‘‘has and is 

requiring, receiving, and archiving’’ 

emissions statements. SC DHEC has 

created a Web site at http:// 

www.scdhec.gov/environment/baq/ 

OzoneNonattainmentReporting/ to 

assist in this effort. SC DHEC provided 

a letter to EPA on May 4, 2012, to 

further clarify the State’s emissions 

statements requirements. The May 4, 

2012, letter can be found in the docket 

for today’s action. EPA has evaluated 

South Carolina’s April 29, 2010, SIP 

revision as it relates to the emissions 

statements requirement and has made 

the determination that it meets the 

requirements of CAA section 

182(a)(3)(B). 

III. Final Action 

EPA is taking direct final action to 

approve a portion of a SIP revision, 

submitted on April 29, 2010, by the 

State of South Carolina, through the SC 

DHEC, to meet the emissions statements 

requirement for the 1997 8-hour ozone 

NAAQS. This action is being taken 

pursuant to section 110 and section 182 

of the CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

revision and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comment be filed. This 

rule will be effective on August 24, 2012 

without further notice unless the 

Agency receives adverse comment by 

July 25, 2012. If EPA receives such 

comments, then EPA will publish a 

document withdrawing the final rule 

and informing the public that the rule 

will not take effect. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed rule. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. If 

no such comments are received, the 

public is advised this rule will be 

effective on August 24, 2012 and no 

further action will be taken on the 

proposed rule. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 CAA. Accordingly, this 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 final 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). 


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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 37815 

In addition, this 1997 8-hour ozone 

NAAQS emissions statement’s final 

approval for the bi-state Charlotte Area 

does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the determination does not have 

substantial direct effects on an Indian 

Tribe. The Catawba Indian Nation 

Reservation is located within the South 

Carolina portion of the bi-state Charlotte 

Area. Generally SIPs do not apply in 

Indian country throughout the United 

States. However, for purposes of the 

Catawba Indian Nation Reservation in 

Rock Hill, the South Carolina SIP does 

apply within the Reservation. Pursuant 

to the Catawba Indian Claims 

Settlement Act, S.C. Code Ann. 27–16– 

120, ‘‘all state and local environmental 

laws and regulations apply to the 

Catawba Indian Nation and Reservation 

and are fully enforceable by all relevant 

state and local agencies and 

authorities.’’ Pursuant to Executive 

Order 13175 and the EPA Policy on 

Consultation and Coordination with 

Indian Tribes, in a letter dated October 

13, 2011, EPA extended the opportunity 

for consultation between EPA and 

Catawba. Consultation with the Catawba 

Tribe began on October 14, 2011, and 

ended on October 31, 2011. The views 

and concerns raised by the Catawba 

Indian Nation during consultation have 

been taken into account in this final 

rule. Furthermore, EPA notes today’s 

action will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 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 action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

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. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 24, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Volatile 

organic compounds. 

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

Dated: June 8, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 PP—South Carolina 

■ 2. Section 52.2120(e), is amended by 

adding a new entry for ‘‘South Carolina 

portion of bi-state Charlotte; 1997 

8-Hour Ozone Emissions Statement’’ at 

the end of the table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Explanation 

*******

South Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone Emissions 

Statement.

04/29/2010 6/25/2012 [Insert citation of publication] Applicable to the 1997 8-hour Ozone 

boundary in York County only (Rock 

Hill-Fort Mill Area Transportation 

Study Metropolitan Planning Organization Area). 

[FR Doc. 2012–14955 Filed 6–22–12; 8:45 am] 

BILLING CODE 6560–50–P 


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37816 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120109034–2153–02] 

RIN 0648–BB62 

Revisions to Framework Adjustment 

47 to the Northeast Multispecies 

Fishery Management Plan and Sector 

Annual Catch Entitlements; Updated 

Annual Catch Limits for Sectors and 

the Common Pool for Fishing Year 

2012 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule; 

adjustment to specifications. 

SUMMARY: Based on the final Northeast 

multispecies sector rosters submitted as 

of May 1, 2012, NMFS is adjusting the 

fishing year 2012 specification of annual 

catch limits for commercial groundfish 

vessels as well as sector annual catch 

entitlements for groundfish stocks. This 

revision to fishing year 2012 catch 

levels is necessary to account for 

changes in the number of participants 

electing to fish in either sectors or the 

common pool fishery. 

DATES: Effective June 22, 2012, through 

April 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, (978) 281–9182. 

SUPPLEMENTARY INFORMATION: The New 

England Fishery Management Council 

(the Council) developed Amendment 16 

to the Northeast (NE) Multispecies 

Fishery Management Plan (FMP) to 

establish a process for setting 

groundfish annual catch limits (also 

referred to as ACLs or catch limits) and 

accountability measures. The Council 

has a biennial review process to develop 

catch limits and revise management 

measures. Framework Adjustment (FW) 

47 set annual catch limits for nine 

groundfish stocks and three jointly 

managed U.S./Canada stocks for FY 

2012–2014. We recently approved FW 

47, which became effective on May 1, 

2012 (77 FR 26104). 

While the Council was working on 

FW 47, a new benchmark stock 

assessment for Gulf of Maine (GOM) cod 

was finalized in January 2012. The 

perception of the stock biomass changed 

dramatically as a result of this 

assessment. The Council initially 

intended to include catch limit 

alternatives based on these updated 

results in FW 47. However, after the 

results were finalized, the Council 

elected not to recommend final 

measures for GOM cod and requested 

that NMFS, acting on behalf of the 

Secretary of Commerce, use the interim 

rulemaking authority provided at 

section 305(c) of the Magnuson-Stevens 

Act to implement measures designed to 

reduce, but not end, overfishing in 

fishing year (FY) 2012. We published an 

emergency action for GOM cod on May 

1, 2012 (77 FR 25623), consistent with 

the Council’s request. The common pool 

and sector GOM cod catch limits are 

based on this emergency action. 

Along with FW 47 and the emergency 

GOM cod rule, we recently approved FY 

2012 sector operations plans and 

allocations (77 FR 26129, May 2, 2012) 

(the‘‘sector rule’’). A sector receives an 

allocation of each stock, or annual catch 

entitlement (referred to as ACE, or 

allocation), based on its members’ catch 

histories. State-operated permit banks 

also receive an allocation that can be 

transferred to qualifying sector vessels 

(for more information, see Amendment 

17, 77 FR 16942, March 23, 2012). The 

sum of all sector and state-operated 

permit bank allocations is referred to as 

the sector sub-ACL in the management 

plan. Whatever groundfish allocation 

remains after sectors and state-operated 

permit banks receive their allocations is 

then provided to vessels not enrolled in 

a sector (referred to as the common 

pool). This allocation is also referred to 

as the common pool sub-ACL. 

Changes in sector membership require 

ACL and ACE adjustments. This rule 

adjusts the FY 2012 sector and common 

pool allocations based on final sector 

membership as of May 1, 2012. 

Permitted vessels that wish to fish in a 

sector must enroll by December 1 of 

each year, with the fishing year 

beginning the following May 1 and 

lasting until April 30 of the next year. 

However, due to concern over the 

reduced GOM cod allocation (see the 

emergency action cited above), we 

provided additional flexibility to NE 

multispecies permitted vessels by 

allowing vessels to enroll in a sector for 

fishing year 2012 up through April 30, 

2012. In addition, vessels had until 

April 30 (the day before the beginning 

of the fishing year) to drop out of a 

sector and fish in the common pool. If 

the sector allocation increases as a result 

of sector membership changes, the 

common pool allocation decreases—the 

opposite is true as well. Because sector 

membership has changed since the 

December 1, 2011, date used in the FW 

47 and sector proposed and final rules, 

we need to update the allocations to all 

sectors and to the common pool. 

The final number of permits enrolled 

in a sector or state-operated permit bank 

for FY 2012 is 850 (an increase of 5 

permits since the December 1, 2011, 

roster submission). All sector 

allocations assume that each NE 

multispecies vessel enrolled in a sector 

has a valid permit for FY 2012. Tables 

1, 2, and 3 (below) explain the revised 

FY 2012 allocations as a percentage and 

absolute amount (in metric tons and 

pounds). 

Table 4 compares the preliminary FY 

2012 allocations published in the FW 47 

final rule, with the revised allocations 

based on the final sector and stateoperated permit bank rosters as of May 

1, 2012. The table shows that changes in 

sector allocations due to updated rosters 

range from a decrease of 0.14 percent of 

GOM winter flounder, to an increase of 

2.53 percent of Southern New England/ 

Mid-Atlantic (SNE/MA) yellowtail 

flounder. Common pool allocation 

adjustments range between a 43.18- 

percent decrease in Georges Bank (GB) 

haddock, to a 4.17-percent increase in 

GOM winter flounder. The changes in 

the common-pool allocations are greater 

because the common-pool has a 

significantly lower allocation for all 

stocks, so even small changes appear 

large when viewed as a percentage 

increase or decrease. 

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