Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 40787 

that notwithstanding that general rule, 

‘‘a petition for review of any action . . . 

may be filed only in the United States 

Court of Appeals for the District of 

Columbia if such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ Because this final 

action makes findings regarding the 

attainment status of areas across the 

country, in multiple EPA regions and 

within the jurisdictions over multiple 

U.S. Circuit Courts of Appeal, the 

Administrator finds that this action has 

nationwide scope and effect. Therefore, 

in accordance with CAA section 

307(b)(1), petitions for review of this 

final action may be filed only in the 

United States Court of Appeals for the 

District of Columbia Circuit. Under CAA 

section 307(b)(2), the requirements 

established by this final rule may not be 

challenged separately in any civil or 

criminal proceedings for enforcement. 

List of Subjects In 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, part 52, title 40, chapter 1 of 

the Code of Federal Regulations are 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 52.282 is amended by 

adding paragraph (l) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone. 

* * * * * 

(l) Determination of attainment by the 

attainment date. Effective August 30, 

2021. On February 21, 2019, the EPA 

determined that San Francisco Bay 

Area, CA, attained the revoked 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS) by the 

applicable attainment date of June 15, 

2007. The determination was based 

upon complete quality-assured and 

certified data for the 3 calendar years 

2004–2006. Further, the EPA 

determined that the Ventura County, 

CA, area attained the standards for the 

revoked 1997 8-hour NAAQS by the 

applicable attainment date of June 15, 

2013. The determination was based 

upon complete quality-assured and 

certified data for the 3 calendar years 

2010–2012. 

Subpart G—Colorado 

■ 3. Section 52.350 is amended by 

adding paragraph (d) to read as follows: 

§ 52.350 Control strategy: Ozone. 

* * * * * 

(d) Determination of attainment by the 

attainment date for the revoked 1997 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS). Effective 

August 30, 2021. On November 13, 

2020, the EPA determined that DenverBoulder-Greeley-Ft. Collins-Loveland, 

CO, attained the revoked 1997 8-hour 

ozone NAAQS by the applicable 

attainment date of November 20, 2010. 

The determination was based upon 

complete quality-assured and certified 

data for the three calendar years 2007– 

2009. 

Subpart HH—New York 

■ 4. Section 52.1683 is amended by 

adding paragraph (s) to read as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(s) Determination of attainment by the 

attainment date. Effective August 30, 

2021. On February 4, 2019, the EPA 

determined that certain areas in New 

York attained the revoked 1997 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) by the applicable 

attainment date of June 15, 2010. The 

determination was based upon complete 

quality-assured and certified data for the 

3 calendar years 2007–2009 for the 

following areas: 

(1) Buffalo-Niagara Falls, NY 

(consisting of Erie and Niagara 

Counties). 

(2) Jamestown, NY (consisting of 

Chautauqua County). 

(3) Jefferson County, NY (consisting of 

Jefferson County). 

(4) Poughkeepsie, NY (consisting of 

Dutchess, Orange and Putnam 

Counties). 

Subpart YY—Wisconsin 

■ 5. Section 52.2585 is amended by 

adding paragraph (oo) to read as 

follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(oo) Determination of attainment by 

the attainment date. Effective August 30, 

2021. Effective August 30, 2021. On 

February 8, 2019, the EPA determined 

the Sheboygan County, WI, area attained 

the revoked 1997 8-hour ozone NAAQS 

by the attainment date of June 15, 2010. 

On July 15, 2019, the EPA revised the 

designation for the Sheboygan County, 

WI, area for the revoked 1997 8-hour 

ozone NAAQS and the 2008 8-hour 

ozone NAAQS, by splitting the original 

full-county area into the separate Inland 

Sheboygan County, WI, and Shoreline 

Sheboygan County, WI, areas. On July 

10, 2020, EPA redesignated both the 

Inland Sheboygan County, WI, 

nonattainment area [85 FR 41400] and 

the Shoreline Sheboygan County, WI, 

nonattainment area [85 FR 41405] to 

attainment for the 2008 8-hour ozone 

NAAQS. Therefore, under 40 CFR 

51.1105(b)(1), the areas are no longer 

subject to the anti-backsliding 

obligations for the revoked 1997 ozone 

NAAQS under 40 CFR 51.1105(a)(1). 

[FR Doc. 2021–15106 Filed 7–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 150623546–6395–02; RTID 

0648–XB228] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Closure for Spiny Lobster in the U.S. 

Caribbean Off Puerto Rico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures. 

SUMMARY: NMFS implements an 

accountability measure (AM) for spiny 

lobster in the U.S. Caribbean exclusive 

economic zone (EEZ) around Puerto 

Rico. NMFS has determined that the 

annual catch limit (ACL) for spiny 

lobster in Puerto Rico was exceeded 

based on average landings during the 

2017 through 2019 fishing years. 

Therefore, NMFS reduces the length of 

the 2021 fishing season for spiny lobster 

in the EEZ around Puerto Rico by the 

amount necessary to ensure that 

landings do not exceed the ACL in 2021. 

This AM is necessary to protect the 

spiny lobster resource in the EEZ 

around Puerto Rico. 


jbell on DSKJLSW7X2PROD with RULES
40788 Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations 

DATES: This temporary rule is effective 

from 12:01 a.m., local time, on August 

22, 2021, through September 30, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Stephenson, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: sarah.stephenson@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The spiny 

lobster fishery of the U.S. Caribbean is 

managed under the Fishery 

Management Plan for Spiny Lobster of 

Puerto Rico and the U.S. Virgin Islands 

(USVI) (Spiny Lobster FMP). The Spiny 

Lobster FMP was prepared by the 

Caribbean Fishery Management Council 

(Council) and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

On June 26, 2020, NMFS published in 

the Federal Register a notice of 

availability for three island-based FMPs 

and requested public comment (85 FR 

38350). On September 21, 2020, the 

Secretary of Commerce approved the 

three island-based FMPs under section 

304(a)(3) of the Magnuson-Stevens Act. 

The three island-based FMPs replace the 

four U.S. Caribbean-wide FMPs, 

including the Spiny Lobster FMP. 

However, NMFS is still developing 

regulations to implement management 

measures for the three island-based 

FMPs. Therefore, this temporary rule 

implements the AM based on the Spiny 

Lobster FMP under regulations located 

at 50 CFR 622.12(a)(3). 

The final rule implementing the 2011 

Caribbean ACL Amendment, which 

included Amendment 5 to the Spiny 

Lobster FMP, among others, established 

an ACL and AM for spiny lobster in 

each island management area in the U.S. 

Caribbean (76 FR 82414, December 30, 

2011). For Puerto Rico, the ACL for 

spiny lobster is 327,920 lb (148,742 kg), 

round weight. In accordance with 

regulations at 50 CFR 622.12(a)(3), if 

NMFS estimates landings have 

exceeded the spiny lobster ACL, based 

on an evaluation of a moving multi-year 

average of landings, NMFS will reduce 

the length of the fishing season for spiny 

lobster by the amount necessary to 

ensure landings do not exceed the ACL. 

If NMFS determines the ACL was 

exceeded because of enhanced data 

collection and monitoring efforts 

instead of an increase in total catch, 

NMFS will not reduce the length of the 

fishing season. 

Based on the most recent available 

landings data from the 2017–2019 

fishing years, NMFS has determined 

that the spiny lobster ACL for Puerto 

Rico was exceeded. In addition, NMFS 

determined that the ACL was exceeded 

because of increased catch and not as a 

result of enhanced data collection and 

monitoring efforts. 

This temporary rule implements an 

AM for spiny lobster to reduce the 

length of the 2021 fishing season to 

ensure that landings do not exceed the 

spiny lobster ACL in the 2021 fishing 

year. Therefore, the spiny lobster fishery 

in the EEZ around Puerto Rico is closed 

from 12:01 a.m., local time, on August 

22, 2021, through September 30, 2021. 

The EEZ around Puerto Rico consists of 

those waters seaward of the 9-nmi (16.7- 

km) boundary around the 

Commonwealth of Puerto Rico. 

During the closure period for spiny 

lobster announced in this temporary 

rule, both the commercial and 

recreational sectors are closed. Spiny 

lobster in or from the EEZ around 

Puerto Rico may not be harvested, 

possessed, purchased, or sold, and the 

bag and possession limits are zero. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.12(a)(3), which was issued pursuant 

to section 304(b) of the MagnusonStevens Act, and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rules 

implementing the ACL and the 

associated AM have already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are also contrary to the public interest 

because of the need to immediately 

implement the closure to protect the 

spiny lobster stock around Puerto Rico. 

The ACL has been exceeded based on an 

evaluation of available landings from 

the 2017–2019 fishing years. Prior 

notice and opportunity for public 

comment would require time and could 

result in additional harvest that could 

negatively affect NMFS’ ability to 

control harvest this fishing year within 

the established ACL. 

For the aforementioned reasons, there 

is good cause to waive the 30-day delay 

in the effectiveness of this action under 

5 U.S.C. 553(d)(3). 

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

Dated: July 26, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–16170 Filed 7–28–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210210–0018] 

RTID 0648–XB141 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reapportionment of 

the 2021 Gulf of Alaska Pacific Halibut 

Prohibited Species Catch Limits for the 

Trawl Deep-Water and Shallow-Water 

Fishery Categories 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; 

reapportionment. 

SUMMARY: NMFS is reapportioning the 

seasonal apportionments of the 2021 

Pacific halibut prohibited species catch 

(PSC) limits for the trawl deep-water 

and shallow-water species fishery 

categories in the Gulf of Alaska. This 

action is necessary to account for the 

actual halibut PSC use by the trawl 

deep-water and shallow-water species 

fishery categories from May 15, 2021 

through June 30, 2021. This action is 

consistent with the goals and objectives 

of the Fishery Management Plan for 

Groundfish of the Gulf of Alaska. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), July 27, 2021 through 

2400 hours, A.l.t., December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Gulf of Alaska (GOA) exclusive 

economic zone according to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP) prepared by the 

North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The final 2021 and 2022 harvest 

specifications for groundfish in the GOA 

(86 FR 10184, February 19, 2021) 

apportions the 2021 Pacific halibut PSC 


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