45882 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 6, 2008. 

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. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 12, 2008. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 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 G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(113) to read as 

follows: 

§ 52.320 Identification of plan. 

(c) * * * 

(113) On August 1, 2007, the State of 

Colorado submitted revisions to 

Colorado’s Common Provisions 

Regulation, 5 CCR 1001–2, that made 

changes and additions to Section I, 

‘‘Definitions, Statement of Intent, and 

General Provisions Applicable to All 

Emission Control Regulations Adopted 

by the Colorado Air Quality Control 

Commission,’’ and Section II, 

‘‘General.’’

(i) Incorporation by reference. 

(A) Common Provisions Regulation, 5 

CCR 1001–2, Section I.G, ‘‘Definitions,’’

effective on March 4, 2007. 

(1) The submittal revises Section I.G 

by removing the definition of ‘‘upset 

conditions’’ and replacing it with the 

definition of ‘‘malfunction.’’

(B) Common Provisions Regulation, 5 

CCR 1001–2, Section II.E, ‘‘Affirmative 

Defense Provision for Excess Emissions 

During Malfunctions,’’ effective on 

March 4, 2007. 

(2) The submittal revises Section II.E 

by removing language which provided 

an exemption for excess emissions 

during upset conditions and 

breakdowns and replacing it with an 

affirmative defense provision for source 

owners and operators for excess 

emissions during malfunctions. 

[FR Doc. E8–16268 Filed 8–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071030625–7696–02] 

RIN 0648–XJ37 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for the 

Commonwealth of Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2008 summer flounder commercial 

quota allocated to the Commonwealth of 

Massachusetts has been harvested. 

Vessels issued a commercial Federal 

fisheries permit for the summer 

flounder fishery may not land summer 

flounder in Massachusetts for the 

remainder of calendar year 2008, unless 

additional quota becomes available 

through a transfer from another state. 

Regulations governing the summer 

flounder fishery require publication of 

this notification to advise Massachusetts 

that the quota has been harvested and to 

advise vessel permit holders and dealer 

permit holders that no commercial 

quota is available for landing summer 

flounder in Massachusetts. 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations 45883 

DATES: Effective 0001 hours, August 6, 

2008, through 2400 hours, December 31, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.100. 

The initial total commercial quota for 

summer flounder for the 2008 calendar 

year was set equal to 9,462,001 lb (4,292 

mt) (72 FR 74197, December 31, 2007). 

The percent allocated to vessels landing 

summer flounder in Massachusetts is 

6.82046 percent, resulting in a 

commercial quota of 645,352 lb (293 

mt). The 2008 allocation was reduced to 

615,218 lb (279 mt) when research setaside and 2007 quota overages were 

deducted. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that Massachusetts has 

harvested its quota for 2008. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours, August 6, 2008, further landings 

of summer flounder in Massachusetts by 

vessels holding summer flounder 

commercial Federal fisheries permits 

are prohibited for the remainder of the 

2008 calendar year, unless additional 

quota becomes available through a 

transfer and is announced in the 

Federal Register. Effective 0001 hours, 

August 6, 2008, federally permitted 

dealers are also notified that they may 

not purchase summer flounder from 

federally permitted vessels that land in 

Massachusetts for the remainder of the 

calendar year, or until additional quota 

becomes available through a transfer 

from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: July 31, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–18066 Filed 8–1–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 080326475–8686–02] 

RIN 0648–XJ27 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific sardine. This action is 

necessary because the directed harvest 

allocation total for the second seasonal 

period (July 1 - September 14) is 

projected to be reached. From date of 

closure until September 15, 2008, 

Pacific sardine may only be harvested 

incidental to other fisheries, with 

incidental harvest constrained by a 20–

percent by weight incidental catch rate. 

DATES: Effective August 8, 2008 through 

September 14, 2008 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the Pacific sardine fishery in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific coast (California, Oregon, 

and Washington) in accordance with the 

Coastal Pelagic Species (CPS) Fishery 

Management Plan (FMP). Annual 

specifications published in the Federal 

Register establish the total harvest 

guideline (HG) and allowable harvest 

levels for each Pacific sardine fishing 

season (January 1 - December 31). The 

total HG for the 2008 Pacific sardine 

fishing season (January 1, 2008 - 

December 31, 2008) is 89,093 mt and is 

divided into a directed harvest fishery 

of 80,184 mt and an incidental fishery 

of 8,909 mt. These directed and 

incidental harvest ammounts are 

subdivided throughout the year in the 

following way: January 1–June 30, 

26,550 mt is allocated for directed 

harvest with an incidental set-aside of 

4,633 mt; July 1–September 14, 34,568 

mt plus any portion not harvested from 

the initial allocation is allocated for 

directed harvest with an incidental setaside of 1,069 mt; September 15–

December 31, 19,066 mt plus any 

portion not harvested from earlier 

allocations is allocated for directed 

harvest with an incidental set-aside of 

3,207 mt (73 CFR 30811). 

If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. The incidental fishery will also be 

constrained to a 20–percent by weight 

incidental catch rate when Pacific 

sardine are landed with other CPS to 

minimize targeting of Pacific sardine 

and to maximize landings of harvestable 

stocks. In the event that an incidental 

set-aside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

If the set-aside is not fully attained or is 

exceeded in a given seasonal period, the 

directed harvest allocation in the 

following seasonal period will be 

automatically adjusted to account for 

the discrepancy. 

Under 50 CFR 660.509 if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register the date of the 

closure of the directed fishery for Pacific 

sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

prosecution the live bait portion of the 

Pacific sardine fishery. 

Classification 

This action is required by 50 CFR 

660.509 and is exempt from Office of 

Management and Budget review under 

Executive Order 12866. 

NMFS finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 


rmajette on PRODPC74 with RULES