37824 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

action will help to ensure that emission 

control devices are operated properly 

and maintained as needed, thereby 

helping to ensure compliance with 

emission standards, which would 

benefit all affected populations. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continuous 

emission monitoring systems, 

Particulate matter, Performance 

specifications, Test methods and 

procedures. 

Dated: August 7, 2017. 

E. Scott Pruitt, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

■ 2. In Appendix F, Procedure 2, in 

section 10.4, paragraphs (5) and (6) are 

revised to read as follows: 

Appendix F to Part 60—Quality 

Assurance Procedures 

* * * * * 

Procedure 2—Quality Assurance 

Requirements for Particulate Matter 

Continuous Emission Monitoring Systems at 

Stationary Sources 

* * * * * 

10.4 * * * 

(5) What are the criteria for passing a RCA? 

To pass a RCA, you must meet the criteria 

specified in paragraphs (5)(i) and (ii) of this 

section. If your PM CEMS fails to meet these 

RCA criteria, it is out of control. 

(i) For all 12 data points, the PM CEMS 

response value can be no greater than the 

greatest PM CEMS response value used to 

develop your correlation curve. 

(ii) At least 75 percent of a minimum 

number of 12 sets of PM CEMS and reference 

method measurements must fall within a 

specified area on a graph of the correlation 

regression line. The specified area on the 

graph of the correlation regression line is 

defined by two lines parallel to the 

correlation regression line, offset at a 

distance of ±25 percent of the numerical 

emission limit value from the correlation 

regression line. If any of the PM CEMS 

response values resulting from your RCA are 

lower than the lowest PM CEMS response 

value of your existing correlation curve, you 

may extend your correlation regression line 

to the point corresponding to the lowest PM 

CEMS response value obtained during the 

RCA. This extended correlation regression 

line must then be used to determine if the 

RCA data meets this criterion. 

(6) What are the criteria to pass a RRA? To 

pass a RRA, you must meet the criteria 

specified in paragraphs (6)(i) and (ii) of this 

section. If your PM CEMS fails to meet these 

RRA criteria, it is out of control. 

(i) For all three data points, the PM CEMS 

response value can be no greater than the 

greatest PM CEMS response value used to 

develop your correlation curve. 

(ii) At least two of the three sets of PM 

CEMS and reference method measurements 

must fall within the same specified area on 

a graph of the correlation regression line as 

required for the RCA and described in 

paragraph (5)(ii) of this section. 

* * * * * 

[FR Doc. 2017–17123 Filed 8–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 170329334–7665–01] 

RIN 0648–XF578 

Western and Central Pacific Fisheries 

for Highly Migratory Species; 2017 

Bigeye Tuna Longline Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; fishery closure. 

SUMMARY: NMFS is closing the U.S. 

pelagic longline fishery for bigeye tuna 

in the western and central Pacific Ocean 

because the fishery has reached the 

2017 catch limit. This action is 

necessary to ensure compliance with 

NMFS regulations that implement 

decisions of the Western and Central 

Pacific Fisheries Commission (WCPFC). 

DATES: Effective 12:01 a.m. local time 

September 1, 2017, 2017, through 

December 31, 2017. 

ADDRESSES: NMFS prepared a plain 

language guide and frequently asked 

questions that explain how to comply 

with this rule; both are available at 

https://www.regulations.gov/ 

docket?D=NOAA-NMFS-2017-0092. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS Pacific Islands 

Region, 808–725–5176. 

SUPPLEMENTARY INFORMATION: Pelagic 

longline fishing in the western and 

central Pacific Ocean is managed, in 

part, under the Western and Central 

Pacific Fisheries Convention 

Implementation Act (Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the Act appear at 50 

CFR part 300, subpart O. 

NMFS established a calendar year 

2017 limit of 3,138 metric tons (mt) of 

bigeye tuna (Thunnus obesus) that may 

be caught and retained in the U.S. 

pelagic longline fishery in the area of 

application of the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention Area) (82 FR 36341, August 

4, 2017). NMFS monitored the retained 


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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37825 

catches of bigeye tuna using logbook 

data submitted by vessel captains and 

other available information, and 

determined that the 2017 catch limit 

would be reached by September 1, 2017. 

In accordance with 50 CFR 

300.224(e), this rule serves as 

notification to fishermen, the fishing 

industry, and the general public that the 

U.S. longline fishery for bigeye tuna in 

the Convention Area will be closed 

during the dates provided in the DATES

heading. The fishery is scheduled to 

reopen on January 1, 2018. This rule 

does not apply to the longline fisheries 

of American Samoa, Guam, or the 

Commonwealth of the Northern Mariana 

Islands, collectively ‘‘the territories,’’ as 

described below. 

During the closure, a U.S. fishing 

vessel may not retain on board, 

transship, or land bigeye tuna caught by 

longline gear in the Convention Area, 

except that any bigeye tuna already on 

board a fishing vessel upon the effective 

date of the restrictions may be retained 

on board, transshipped, and landed, 

provided that they are landed within 14 

days of the start of the closure, that is, 

by September 15, 2017. This 14-day 

landing requirement does not apply to 

a vessel that has declared to NMFS, 

pursuant to 50 CFR 665.803(a), that the 

current trip type is shallow-setting. 

During the effective period of the 

restrictions, longline-caught bigeye tuna 

may be retained on board, transshipped, 

and landed if the fish are caught by a 

vessel with a valid American Samoa 

longline permit, or if the fish are landed 

in the territories. In either case, the 

following conditions must be met: 

(1) The fish is not caught in the U.S. 

Exclusive Economic Zone (EEZ) around 

Hawaii; 

(2) Other applicable laws and 

regulations are followed; and 

(3) The vessel has a valid permit 

issued under 50 CFR 660.707 or 

665.801. 

Bigeye tuna caught by longline gear 

during the closure may also be retained 

on board, transshipped, and/or landed if 

they are caught by a vessel that is 

included in a valid specified fishing 

agreement under 50 CFR 665.819(c), in 

accordance with 50 CFR 

300.224(f)(1)(iv). 

During the closure, a U.S. vessel is 

also prohibited from transshipping 

bigeye tuna caught in the Convention 

Area by longline gear to any vessel other 

than a U.S. fishing vessel with a valid 

permit issued under 50 CFR 660.707 or 

665.801. 

The catch limit and this closure do 

not apply to bigeye tuna caught by 

longline gear outside the Convention 

Area, such as in the eastern Pacific 

Ocean. To ensure compliance with the 

restrictions related to bigeye tuna caught 

by longline gear in the Convention Area, 

however, the following requirements 

apply during the closure period (see 50 

CFR 300.224): 

(1) Longline fishing both inside and 

outside the Convention Area is not 

allowed during the same fishing trip. An 

exception would be a fishing trip that is 

in progress on September 1, 2017. In 

that case, the catch of bigeye tuna must 

be landed by September 15, 2017; and 

(2) If a longline vessel fishes outside 

the Convention Area and the vessel then 

enters the Convention Area during the 

same fishing trip, the fishing gear must 

be stowed and not readily available for 

fishing in the Convention Area. 

Specifically, hooks, branch lines, and 

floats must be stowed and the mainline 

hauler must be covered. 

The above two additional prohibitions 

do not apply to the following vessels: 

(1) Vessels on declared shallowsetting trips pursuant to 50 CFR 

665.803(a); and 

(2) Vessels operating in the longline 

fisheries of the territories. This includes 

vessels included in a valid specified 

fishing agreement under 50 CFR 

665.819(c), in accordance with 50 CFR 

300.224(f)(1)(iv). This group also 

includes vessels with valid American 

Samoa longline permits and vessels 

landing bigeye tuna in one of the 

territories, as long as the bigeye tuna 

were not caught in the EEZ around 

Hawaii, the fishing was compliant with 

all applicable laws, and the vessel has 

a valid permit issued under 50 CFR 

660.707 or 665.801. 

Classification 

There is good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and the 

opportunity for public comment on this 

action, because it would be unnecessary 

and contrary to the public interest. This 

rule closes the U.S. longline fishery for 

bigeye tuna in the western and central 

Pacific as a result of reaching the 

applicable bigeye tuna catch limit. The 

limit is codified in Federal regulations 

and is based on agreed limits 

established by the Western and Central 

Pacific Fisheries Commission. 50 CFR 

300.224(e) notifies the public that 

fishing prohibitions will be placed in 

effect when the limit is reached. NMFS 

forecasts that the fishery will reach the 

2017 limit by September 1, 2017. 

Longline fishermen have been subject to 

longline bigeye tuna limits in the 

western and central Pacific since 2009. 

They have received ongoing, updated 

information about the 2017 catch and 

progress of the fishery in reaching the 

Convention Area limit via the NMFS 

Web site, social media, and other 

means. This constitutes adequate 

advance notice of this fishery closure. 

Additionally, the publication timing of 

this rule provides longline fishermen 

with seven days advance notice of the 

closure date, and allows two weeks to 

return to port and land their catch of 

bigeye tuna. 

For the reasons stated above, there is 

also good cause under 5 U.S.C. 553(d)(3) 

to waive the 30-day delay in 

effectiveness for this temporary rule. 

NMFS must close the fishery as soon as 

possible to ensure that fishery does not 

exceed the catch limit. According to 

NMFS stock-status-determination 

criteria, bigeye tuna in the Pacific Ocean 

are currently experiencing overfishing. 

NMFS implemented the catch limit to 

reduce the effects of fishing on bigeye 

tuna and restore the stock to levels 

capable of producing maximum 

sustainable yield on a continuing basis. 

Failure to close the fishery immediately 

would result in additional fishing 

pressure on this stock, in violation of 

Federal law and regulations that 

implement WCPFC decisions. 

This action is required by 50 CFR 

300.224 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: August 9, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–17164 Filed 8–10–17; 11:15 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XF534 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

Angling category northern area trophy 

fishery. 

SUMMARY: NMFS closes the northern 

area Angling category fishery for large 

medium and giant (‘‘trophy’’ (i.e., 

measuring 73 inches curved fork length 

or greater)) Atlantic bluefin tuna (BFT). 

This action is being taken to prevent 


sradovich on DSK3GMQ082PROD with RULES