Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations 66755

Through submission of this NOX

waiver request and NOX control

revisions to its state implementation

plan, the State has elected to adopt the

program provided for under Section 110

of the Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also

require the private sector to perform

certain duties. To the extent that the

rules being approved by this action will

impose new requirements, such sources

are already subject to these regulations

under State law. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action. EPA has also

determined that this final action does

not include a mandate that may result

in estimated costs of $100 million or

more to State, local, or tribal

governments in the aggregate or to the

private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Authority: 42 U.S.C. 4201–7671q.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Maine was approved by the Director of the

Federal Register on July 1, 1982.

Dated: December 1, 1995.

Carol M. Browner,

Administrator.

Part 52 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart U—Maine

2. Section 52.1020 is amended by

adding paragraph (c)(41) to read as

follows:

§ 52.1020 Identification of plan.

* * * * *

(c) * * *

(41) Revisions to the State

Implementation Plan submitted by the

Maine Department of Environmental

Protection on August 5, 1994 related to

NOX controls in Oxford, Franklin,

Somerset, Piscataquis, Penobscot,

Washington, Aroostook, Hancock and

Waldo Counties.

(i) Incorporation by reference.

(A) A Letter from the Maine

Department of Environmental Protection

dated August 5, 1994 submitting a

revision to the Maine State

Implementation Plan.

(B) Chapter 138 of the Maine DEP’s

regulations, ‘‘Reasonably Available

Control Technology for Facilities that

Emit Nitrogen Oxides’’ for sources only

in Oxford, Franklin, Somerset,

Piscataquis, Penobscot, Washington,

Aroostook, Hancock and Waldo

Counties (excepted portions include

Sections 1.A.1. and 3.B.). This rule was

effective August 3, 1994.

3. In § 52.1031, Table 52.1031 is

amended by adding state citation 138 in

numerical order to read as follows:

§ 52.1031 EPA-approved Maine

regulations.

* * * * *

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State

citationTitle/subject Date adopted by State

Date approved by

EPA

FEDERAL

REGISTER citation52.1020

* * * * * * *

138 ... Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides.8/3/94 December 26, 1995 60 FR (c)(41) Affects sources only in Oxford, Franklin,

Somerset, Piscataquis, Penobscot,

Washington, Aroostook, Hancock and

Waldo Counties (excepted portions of

rule include Sections 1.A.1. and 3.B.).

4. Section 52.1023 is amended by

adding paragraph (c) to read as follows:

§ 52.1023 Control strategy: Ozone.

* * * * *

(c) Approval. EPA is approving an

exemption request submitted by the

Maine Department of Environmental

Protection on September 7, 1995, for the

Northern Maine area from the NOX

requirements contained in Section

182(f) of the Clean Air Act. This

approval exempts Oxford, Franklin,

Somerset, Piscataquis, Penobscot,

Washington, Aroostook, Hancock and

Waldo Counties from the requirements

to implement controls beyond those

approved in § 52.1020(c)(41) for major

sources of nitrogen oxides (NOX),

nonattainment area new source review

(NSR) for new sources and

modifications that are major for NOX,

and the applicable NOX-related

requirements of the general and

transportation conformity provisions.

[FR Doc. 95–31034 Filed 12–22–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 677

[Docket No. 950822211–5291–02; I.D.

080395A]

RIN 0648–AD80

North Pacific Fisheries Research Plan;

Amendment 1

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendments.

SUMMARY: NMFS issues a final rule to

implement Amendment 1 to the North

Pacific Fisheries Research Plan

(Research Plan). Regulations

implementing Amendment 1 delay full

implementation of the Research Plan

until 1997 and establish 1996 observer

coverage requirements for the Research

Plan fisheries. This delay is necessary to

provide the North Pacific Fishery

Management Council (Council)

additional time to address certain issues

presented by implementation of the

Research Plan. Two technical

amendments also are implemented to

clarify provisions for refunding excess

payments of 1995 Research Plan fee

assessments and to clarify 1996 observer

coverage requirements for groundfish

vessels.

EFFECTIVE DATE: January 1, 1996.
66756 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations

ADDRESSES: Copies of the Observer Plan

may be obtained from the Fisheries

Management Division, Alaska Region,

NMFS, 709 West 9th Street, Juneau, AK

99801, or P.O. Box 21668, Juneau, AK

99802–1668, Attn: Lori J. Gravel.

Copies of the Research Plan as revised

by Amendment 1, the environmental

assessment/regulatory impact review

prepared for the Research Plan, and the

final report ‘‘Establishing the Fee

Percentage and Standard Exvessel Prices

for 1995’’ may be obtained from the

North Pacific Fishery Management

Council, P.O. Box 103136, Anchorage,

AK 99510.

FOR FURTHER INFORMATION CONTACT:

Susan Salveson, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

Regulations implementing the

Research Plan became effective October

6, 1994 (59 FR 46126, September 6,

1994). Since then, these regulations

have been amended three times. The

first regulatory amendment was

published in the Federal Register on

January 9, 1995 (60 FR 2344), to clarify

1995 observer coverage requirements

and revise the definition of certain

terms set out under § 677.2. A second

regulatory amendment was published

on July 5, 1995 (60 FR 34904), to require

vessels and shoreside processors to

facilitate transmission of observer data.

The third regulatory amendment was

published on August 16, 1995 (60 FR

42470), to revise 1995 observer coverage

requirements for crab catcher vessels

and exempt certain crab catcher vessels

required to obtain observer coverage

from paying 1995 Research Plan fees.

The Council requested that full

implementation of the Research Plan be

delayed for a 1-year period to provide

additional time to reconsider certain

elements of the Research Plan that were

previously adopted by the Council. This

Council action was developed during

the Council’s April and June 1995

meetings, as well as during a May 16,

1995, teleconference. The Council also

expressed its intent to continue the fee

collection program implemented for

1995 for the remainder of the year, so

that adequate start-up funds may be

collected for full implementation of the

Research Plan in 1997.

A proposed rule to delay full

implementation of the Research Plan

was published in the Federal Register

on September 11, 1995 (60 FR 47142).

Comments on the proposed rule were

invited through November 6, 1995. No

written comments were received within

the comment period. NMFS received

oral comment on the proposed delay of

the Research Plan during a September

18, 1995, public hearing by

teleconference. The public hearing

teleconference provided opportunity for

public participation in Anchorage, AK,

Juneau, AK, Seattle, WA, and Newport,

OR. Members of the public participating

in the public hearing either provided no

comment or endorsed the proposed

delay of the Research Plan.

Section 313(c)(3) of the Magnuson Act

requires that, within 45 days of the close

of the public comment period, NMFS, in

consultation with the Council, analyze

the public comment received and

publish final regulations for

implementing an amendment to the

Research Plan. Consultation with the

Council was initiated at the Council’s

September 1995 meeting. Oral comment

received by NMFS and the Council

indicated widespread industry support

for the proposed delay of the Research

Plan. NMFS received no further

comment subsequent to the September

Council meeting that would require

further consultation with the Council.

NMFS has approved a 1-year delay of

the full implementation of the Research

Plan under section 313(c) of the

Magnuson Act. Upon reviewing the

Council’s reasons for this delay and

comments by the industry endorsing

this action, NMFS has determined that

this final rule is consistent with the

Magnuson Act. The reasons for this

delay are discussed further in the

proposed rule (60 FR 47142, September

11, 1995).

Consistent with the Council’s

expressed intent, NMFS will continue to

assess fees through early 1996 for fish

harvested and retained in the Research

Plan fisheries during 1995. Lacking

future regulatory action to the contrary,

collected funds will be held in an

interest-bearing account and will be

used to award contracts to provide

observers under the Research Plan

starting in 1997. Adequate start-up

funds will be collected during 1995; as

a result, Research Plan fees will not be

assessed for fish caught in 1996.

The Council intends that 1996

observer coverage levels remain

unchanged from 1995 levels. These

observer coverage requirements for the

groundfish and crab fisheries are set out

at § 677.10(a). As in 1995, participants

in the groundfish and crab Research

Plan fisheries will be responsible for

making their own arrangements and

paying for required observer coverage.

The Council’s intent to maintain 1995

observer coverage levels through 1996

applies to mothership processor vessel

and shoreside processor observer

coverage requirements set out in

regulations implementing Amendment

35 to the Fishery Management Plan for

the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area. Final

regulations implementing Amendment

35 are codified at 50 CFR 675.25(b) and

are effective through December 31,

1995. In keeping with the Council’s

intent to maintain 1995 observer

coverage levels in 1996, NMFS is

extending the effective date of observer

coverage requirements implemented

under Amendment 35 through

December 31, 1996, and including these

requirements in the 1996 Research Plan

observer coverage requirements at

§ 677.10(a).

NMFS notes that regulations at

§ 677.10(g) set out vessel safety

requirements applicable in 1996 and

beyond. No substantive changes to these

requirements are implemented;

however, the regulatory text is revised

to clarify that these requirements apply

to vessels required to carry observers in

1996 under § 677.10(a).

NMFS further notes that the following

sections of the Observer Plan still will

be in effect until full implementation of

the Research Plan in 1997: (1) Standards

of observer conduct; and (2) description,

specifications, and work statement for

certified domestic observer contractors,

including conflict of interest standards

for NMFS-certified observers and

contractors and conditions for

contractor and observer certification

revocation. Copies of the Observer Plan

dated May 1994 are available from

NMFS (see ADDRESSES).

Technical Amendments

Two technical amendments are

implemented to clarify NMFS’s intent

for the Research Plan in 1996. The first

technical amendment is necessary to

allow groundfish and crab processors

that participate in the 1996 Research

Plan fisheries to receive a refund for

costs of 1995 observer coverage up to an

amount equal to the sum of the fee

assessments paid by the processor for

retained catch during 1995.

Section 677.6(d)(3)(ii)(C) authorizes

NMFS to refund excess payments of

1995 Research Plan fee assessments to

processors that do not intend to

participate in the Research Plan

fisheries during the first half of 1996.

This provision assumes that a fee

assessment program would be ongoing

in 1996 and that processors

participating in the 1996 Research Plan

fisheries could be credited for any

excess payments of their 1995 fee

assessments on their 1996 bills.

However, the final rule to delay full

implementation of the Research Plan

does not authorize a fee assessment

program during 1996. As a result,
Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations 66757

regulatory language at

§ 677.6(d)(3)(ii)(C) must be removed so

that all processors who are owed a

refund from the 1995 fee assessment

program can be issued a refund

regardless of whether they participate in

a Research Plan fishery during the first

half of 1996 or not.

The second technical amendment is

necessary to clarify 1996 observer

coverage requirements for groundfish

vessels that are set out at § 677.10(a)(1).

Under the general provisions, a catcher/

processor or catcher vessel equal to or

greater than 60 ft (18.3 m) length overall

(LOA) but less than 125 ft (38.1 m) LOA

that is used to participate for more than

3 fishing days in a directed fishery for

groundfish during a calendar quarter

must carry a NMFS-certified observer

during at least 30 percent of its fishing

days during that calendar quarter. This

means that if a vessel equal to or greater

than 60 ft (18.3 m) LOA but less than

125 ft (38.1 m) LOA retrieves fishing

gear and retains amounts of any

groundfish species in excess of the

maximum retainable bycatch amounts

specified in §§ 672.20(g) or 675.20(h)

during more than 3 days of a calendar

quarter, that vessel must carry a NMFScertified observer for at least 30 percent

of all fishing days within that calendar

quarter. A fishing day is defined at

§ 677.2 as ‘‘a 24–hour period, from 0001

Alaska local time (A.l.t.) through 2400

A.l.t., in which fishing gear is retrieved

and groundfish, halibut, or king or

Tanner crab are retained. Days during

which a vessel only delivers unsorted

codends to a processor are not ‘‘fishing

days.’’ This final rule does not change

these general provisions.

In addition, § 677.10(a)(1)(i) contains

specific requirements that provide that,

in addition to the general provisions, a

vessel must carry a NMFS-certified

observer during at least one fishing trip

during the calendar quarter for each of

six separate groundfish categories in

which the vessel participates. These six

categories are defined at

§ 677.10(a)(1)(ii); the groundfish

categories are: the pollock fishery, the

Pacific cod fishery, the sablefish fishery,

the rockfish fishery, the flatfish fishery,

and the other species fishery. Under

current regulations, participation in one

of these fisheries is based on whether

the retained catch in that fishery, during

any fishing trip, constitutes the

predominant catch of all of the

groundfish categories retained by the

vessel. These specific categories were

developed to ensure more complete

observer coverage of directed fishing

operations for groundfish and were not

intended to include fishing operations

that retained only bycatch amounts of

groundfish. This provision was

intended to apply only to directed

fishing operations for groundfish.

Nonetheless, the actual language of the

regulation, plus recent regulatory action,

increased confusion concerning the

meaning of this provision. It could be

argued that the regulations

implementing the individual fishing

quota (IFQ) program for halibut

inadvertently changed the requirements

for observer coverage by increasing the

probability that a person fishing for

halibut would trigger a ‘‘fishing day’’ for

groundfish. The IFQ regulations require

IFQ card holders to retain all Pacific cod

and rockfish, consistent with the

maximum bycatch amounts specified

for these species. All sablefish must be

retained on board if a sablefish IFQ card

holder is on board the vessel.

NMFS is implementing this technical

amendment to § 677.10(a)(1)(ii) to

clarify that the groundfish fishery

categories subject to the separate

observer coverage requirements apply

only with respect to fishing operations

that constitute ‘‘directed fishing’’ for

groundfish as defined at §§ 672.2 and

675.2. This change is consistent with

the original intent of the separate

observer coverage requirement, past

practice and the common understanding

of the how the separate observer

coverage requirements are supposed to

be applied. It removes a possible

unintended effect of the IFQ regulations.

To the extent that this action has any

substantive effect, it will relieve an

unintended burden for additional

observer coverage that otherwise might

be imposed on fishermen participating

in the IFQ program.

Classification

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities. The reasons

for this certification were summarized

in the preamble to the proposed rule.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

A delay of full implementation of the

Research Plan until 1997 results in a 1-

year hiatus of the fee assessment

program authorized under the Research

Plan. As such, this final rule relieves a

restriction and, pursuant to authority at

5 U.S.C. 553(d)(1), the requirement for

a 30-day delay in effective date is

inapplicable. However, NMFS has

determined to make this rule effective

on January 1, 1996, to coincide with the

start of the 1996 fishing year.

One of the technical amendments

implemented under this action clarifies

NMFS’ intent with respect to issuing

refunds of excess payments of the 1995

Research Plan fee assessment. Without

this amendment, processors

participating in a Research Plan fishery

during the first part of 1996 would not

be eligible to receive a refund until

1997, when the Research Plan fee

assessment program would be

reinitiated and refund amounts could be

credited against 1997 billed fees

assessments.

The second technical amendment

clarifies 1996 groundfish observer

coverage requirements to exempt from

observer coverage those vessels

participating in a nongroundfish fishery

and retaining bycatch amounts of

groundfish. In that the first technical

amendment ensures that an action that

would have occurred under authority of

a regulation issued through notice and

comment rulemaking but for the delay

in full implementation of the Research

plan does in fact occur and that the

second technical amendment simply

clarifies NMFS intent in an existing

regulation, good cause exists, pursuant

to authority at 5 U.S.C. 553(b)(B), to

waive prior notice and opportunity to

comment on the technical amendments

as such procedure is unnecessary.

Because the technical amendments

relieve restrictions, a delay in the

effective date is not necessary under

U.S.C. 553(d)(1).

List of Subjects in 50 CFR Part 677

Fisheries, Reporting and

recordkeeping requirements.

Dated: December 15, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 677 is amended

as follows:

PART 677—NORTH PACIFIC

FISHERIES RESEARCH PLAN

1. The authority citation for part 677

continues to read as follows:

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

2. In § 677.6, paragraph (d)(3)(ii)(C) is

removed, paragraph (b)(2) is

redesignated as paragraph (b)(3),

paragraph (d)(3)(ii)(D) is redesignated as

paragraph (d)(3)(ii)(C), new paragraph

(b)(2) is added, and the heading to

newly redesignated paragraph (b)(3) is

revised to read as follows:

§ 677.6 Research Plan fee.

* * * * *
66758 Federal Register / Vol. 60, No. 247 / Tuesday, December 26, 1995 / Rules and Regulations

(b) * * *

(2) Fee assessments during 1996.

Processors of Research Plan fisheries

will not be assessed fees based on catch

from Research Plan fisheries that is

retained during the 1996 calendar year.

(3) Fee assessments applicable after

December 31, 1996. * * *

* * * * *

3. In § 677.10, the headings for

paragraphs (a) and (b), the introductory

text to paragraph (g), and paragraphs

(a)(1)(ii)(A) through (F) are revised,

paragraphs (a)(1)(i)(C) through

(a)(1)(i)(F) are redesignated as

paragraphs (a)(1)(i)(D) through

(a)(1)(i)(G), respectively, and paragraphs

(a)(1)(i)(C) and (a)(2)(iii) are added to

read as follows:

§ 677.10 General requirements.

(a) Observer requirements applicable

through December 31, 1996—(1) * * *

(i) * * *

(C) Each mothership processor vessel

that receives pollock harvested by

catcher vessels in the catcher vessel

operational area, defined at § 675.22(g)

of this chapter, during the second

pollock season that starts on August 15

under § 675.23(e) of this chapter, is

required to have a second NMFScertified observer aboard, in addition to

the observer required under paragraphs

(a)(1)(i)(A) and (B) of this section, for

each day of the second pollock season

until the chum salmon savings area is

closed under § 675.22(h)(2) of this

chapter, or October 15, 1996, whichever

occurs first.

* * * * *

(ii) * * *

(A) Pollock fishery. Directed fishing

for groundfish that results in a retained

catch of pollock, during any fishing trip,

that is greater than the retained catch of

any other groundfish species or species

group that is specified as a separate

groundfish fishery under this paragraph

(a)(1)(ii).

(B) Pacific cod fishery. Directed

fishing for groundfish that results in a

retained catch of Pacific cod, during any

fishing trip, that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (a)(1)(ii).

(C) Sablefish fishery. Directed fishing

for groundfish that results in a retained

catch of sablefish, during any fishing

trip, that is greater than the retained

catch of any other groundfish species or

species group that is specified as a

separate groundfish fishery under this

paragraph (a)(1)(ii).

(D) Rockfish fishery. Directed fishing

for groundfish that results in a retained

aggregate catch of rockfish of the genera

Sebastes and Sebastolobus, during any

fishing trip, that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (a)(1)(ii).

(E) Flatfish fishery. Directed fishing

for groundfish that results in a retained

aggregate catch of all flatfish species,

except Pacific halibut, during any

fishing trip, that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (a)(1)(ii).

(F) Other species fishery. Directed

fishing for groundfish that results in a

retained catch of groundfish, during any

fishing trip, that does not qualify as a

pollock, Pacific cod, sablefish, rockfish,

or flatfish fishery as defined under

paragraphs (a)(1)(ii)(A) through (E) of

this section.

* * * * *

(2) * * *

(iii) Each shoreside processor that

offloads pollock at more than one

location on the same dock and has

distinct and separate equipment at each

location to process those pollock and

that receives pollock harvested by

catcher vessels in the catcher vessel

operational area, defined at § 675.22(g)

of this chapter, during the second

pollock season that starts on August 15,

under § 675.23(e) of this chapter, is

required to have a NMFS-certified

observer, in addition to the observer

required under paragraphs (a)(2)(i) and

(ii) of this section, at each location

where pollock is offloaded, for each day

of the second pollock season until the

chum salmon savings area is closed

under § 675.22(h)(2) of this chapter, or

October 15, 1996, whichever occurs

first.

* * * * *

(b) Observer requirements applicable

after December 31, 1996—(1) * * * (i) *

* *

* * * * *

(g) Vessel safety requirements

applicable after December 31, 1995.

Any vessel that is required to carry

observers under paragraph (a) or (b) of

this section must have onboard either:

* * * * *

4. In § 677.11, paragraph (a)(4) is

revised to read as follows:

§ 677.11 Annual Research Plan

specifications.

(a) * * *

(4) Observer coverage. For the period

January 1, 1996, through December 31,

1996, observer coverage levels in

Research Plan fisheries will be as

required by § 677.10(a). After December

31, 1996, the level of observer coverage

will be determined annually by NMFS,

after consultation with the Council and

the State of Alaska, and may vary by

fishery and vessel or processor size,

depending upon the objectives to be met

for the groundfish, halibut, and king and

Tanner crab fisheries. The Regional

Director may change observer coverage

inseason pursuant to § 677.10(b)(2)(ii).

* * * * *

[FR Doc. 95–31181 Filed 12–22–95; 8:45 am]

BILLING CODE 3510–22–F