45740 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Rules and Regulations 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of 

waste will be void as if it never had effect or to the extent directed by EPA and that the company 

will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.’’ 

(5) Reopener: 

(A) If any time after disposal of the delisted waste Samsung possesses or is otherwise made aware of 

any environmental data (including but not limited to underflow water data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified 

for the delisting verification testing is at level higher than the delisting level allowed by the Division 

Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. 

(B) If either the verification testing (and retest, if applicable) of the waste does not meet the delisting 

requirements in paragraph 1, Samsung must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. 

(C) If Samsung fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any 

other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health and/or 

the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. 

(D) If the Division Director determines that the reported information requires action by EPA, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the 

proposed action and a statement providing the facility with an opportunity to present information as 

to why the proposed EPA action is not necessary. The facility shall have 10 days from receipt of the 

Division Director’s notice to present such information. 

(E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs 

(5), (6)(A) or (6)(B), the Division Director will issue a final written determination describing EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become effective immediately, unless the Division Director provides otherwise. 

(6) Notification Requirements: 

Samsung must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. 

(A) Provide a one-time written notification to any state Regulatory Agency to which or through which it 

will transport the delisted waste described above for disposal, 60 days before beginning such activities. 

(B) For onsite disposal, a notice should be submitted to the State to notify the State that disposal of 

the delisted materials has begun. 

(C) Update one-time written notification, if it ships the delisted waste into a different disposal facility. 

(D) Failure to provide this notification will result in a violation of the delisting exclusion and a possible 

revocation of the decision. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–21112 Filed 9–29–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF712 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of Atka 

Mackerel in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2017 

Atka mackerel incidental catch 

allowance (ICA) for the Bering Sea 

subarea and Eastern Aleutian district 

(BS/EAI) to the Amendment 80 

cooperative allocations in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the 2017 total allowable catch of 

Atka mackerel in the BSAI to be fully 

harvested. 

DATES: Effective 12 hrs Alaska local time 

(A.l.t.), September 27, 2017 through 

2400 hrs, A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (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 2017 Atka mackerel ICA for the 

BS/EAI is 1,000 metric tons (mt) and 

2017 Atka mackerel total allowable 

catch allocated to the Amendment 80 

cooperatives is 26,694 mt as established 

by the final 2017 and 2018 harvest 


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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Rules and Regulations 45741 

specifications for groundfish in the 

BSAI (82 FR 11826; February 27, 2017). 

The Administrator, Alaska Region, 

NMFS, has determined that 900 mt of 

the Atka mackerel ICA for the BS/EAI 

will not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 900 mt of Atka mackerel 

from the BS/EAI ICA to the Amendment 

80 cooperatives in the BSAI. In 

accordance with § 679.91(f), NMFS will 

reissue cooperative quota permits for 

the reallocated Atka mackerel following 

the procedures set forth in § 679.91(f)(3). 

The harvest specifications for Atka 

mackerel included in the harvest 

specifications for groundfish in the 

BSAI (82 FR 11826; February 27, 2017) 

are revised as follows: 100 mt of Atka 

mackerel for the BS/EAI ICA and 27,594 

mt of Atka mackerel for the Amendment 

80 cooperative allocations in the BS/ 

EAI. Table 6 is revised and republished 

in its entirety as follows: 

TABLE 6—FINAL 2017 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH

ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2017 allocation by area 

Eastern 

Aleutian 

district/ 

Bering Sea 

Central 

Aleutian 

district 5

Western 

Aleutian 

district 

TAC ................................................................. n/a .................................................................. 34,500 18,000 12,500 

CDQ reserve ................................................... Total ............................................................... 3,692 1,926 1,338 

A ..................................................................... 1,846 963 669 

Critical Habitat ................................................ n/a 578 401 

B ..................................................................... 1,846 963 669 

Critical Habitat ................................................ n/a 578 401 

Non-CDQ TAC ................................................ n/a .................................................................. 30,809 16,074 11,163 

ICA .................................................................. Total ............................................................... 100 75 20 

Jig 6 ................................................................. Total ............................................................... 149 0 0 

BSAI trawl limited access ............................... Total ............................................................... 2,966 1,600 0 

A ..................................................................... 1,483 800 0 

Critical Habitat ................................................ n/a 480 0 

B ..................................................................... 1,483 800 0 

Critical Habitat ................................................ n/a 480 0 

Amendment 80 sectors ................................... Total ............................................................... 27,594 14,399 11,143 

A ..................................................................... 13,797 7,200 5,571 

B ..................................................................... 13,797 7,200 5,571 

Alaska Groundfish Cooperative ...................... Total 6 ............................................................. 15,629 8,545 6,852 

A ..................................................................... 7,815 4,273 3,426 

Critical Habitat ................................................ n/a 2,564 2,056 

B ..................................................................... 7,815 4,273 3,426 

Critical Habitat ................................................ n/a 2,564 2,056 

Alaska Seafood Cooperative .......................... Total 6 ............................................................. 11,965 5,854 4,291 

A ..................................................................... 5,983 2,927 2,146 

Critical Habitat ................................................ n/a 1,756 1,287 

B ..................................................................... 5,983 2,927 2,146 

Critical Habitat ................................................ n/a 1,756 1,287 

1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). 2Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 

3The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 

4Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B 

season from June 10 to December 31. 5Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of critical habitat; § 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and 

§ 679.20(a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more than 65 percent of ABC. 6Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear 

after subtracting the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon Atka mackerel in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) The current catch of Atka 

mackerel ICA in the BS/EAI, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of the 

Amendment 80 cooperatives that 

participate in this BS/EAI fishery. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of Atka mackerel 

from the BS/EAI ICA to the Amendment 

80 cooperatives in the BSAI. Since the 

fishery is currently open, it is important 

to immediately inform the industry as to 

the revised allocations. Immediate 


jstallworth on DSKBBY8HB2PROD with RULES
45742 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Rules and Regulations 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 19, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.91 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 27, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–21042 Filed 9–27–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF648 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season apportionment of the 2017 

total allowable catch of pollock for 

Statistical Area 610 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 27, 2017, 

through 1200 hrs, A.l.t., October 1, 

2017. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

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 MagnusonStevens 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 C season apportionment of the 

2017 total allowable catch (TAC) of 

pollock in Statistical Area 610 of the 

GOA is 23,483 metric tons (mt) as 

established by the final 2017 and 2018 

harvest specifications for groundfish in 

the GOA (82 FR 12032, February 27, 

2017) and inseason adjustment (82 FR 

41567, September 1, 2017). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season 

apportionment of the 2017 TAC of 

pollock in Statistical Area 610 of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 23,300 mt and is setting 

aside the remaining 183 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(C) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

pollock in Statistical Area 610 of the 

GOA. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 26, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 27, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–21031 Filed 9–27–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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