46422 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 4, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the final 

rulemaking. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

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. 

40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: September 25, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR parts 52 

and 70 as set forth below: 

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 CC—Nebraska 

■ 2. Amend § 52.1420(c) by revising 

‘‘129–1’’ and ‘‘129–15’’ to read as 

follows: 

§ 52.1420 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED NEBRASKA REGULATIONS

Nebraska citation Title State effective 

date EPA approval date Explanation 

State of Nebraska 

Department of Environmental Quality 

Title 129—Nebraska Air Quality Regulations 

129–1 .................. Definitions ....................... 5/13/14 10/5/17, [Insert Federal 

Register citation].

The proposed definition of ‘‘solid waste’’ is not approved into the SIP. The second sentence beginning at ‘‘Solid waste’’ and ending at ‘‘discarded material’’, is not approved into the SIP. 

* * * * * * * 

129–15 ................ Operating Permit Modifications; Reopening 

for Cause.

5/13/14 10/5/17, [Insert Federal 

Register citation].

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Amend appendix A to part 70 by 

adding new paragraph (o) under 

‘‘Nebraska; City of Omaha; LincolnLancaster County Health Department’’ 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Nebraska; City of Omaha; Lincoln-Lancaster 

County Health Department 

* * * * * 

(o) The Nebraska Department of 

Environmental Quality submitted revisions 

to the Nebraska Administrative Code, title 

129, chapter 1, ‘‘Definitions’’ and chapter 15, 

‘‘Operating Permit Modifications; Reopening 

for Cause’’ on July 14, 2014. The state 

effective date is May 13, 2014. This revision 

is effective December 4, 2017. 

* * * * * 

[FR Doc. 2017–21383 Filed 10–4–17; 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–XF733 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Exchange of Flatfish 

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 exchanging unused 

flathead sole and rock sole Community 

Development Quota (CDQ) for yellowfin 


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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46423 

sole CDQ acceptable biological catch 

(ABC) reserves in the Bering Sea and 

Aleutian Islands management area. This 

action is necessary to allow the 2017 

total allowable catch of yellowfin sole in 

the Bering Sea and Aleutian Islands 

management area to be harvested. 

DATES: Effective October 5, 2017 

through December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

management area (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 flathead sole, rock sole, and 

yellowfin sole CDQ reserves specified in 

the BSAI are 1,552 metric tons (mt), 

5,740 mt, and 15,778 mt as established 

by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017) 

and revised by flatfish exchange (82 FR 

24253, May 26, 2017). The 2017 flathead 

sole, rock sole, and yellowfin sole CDQ 

ABC reserves are 5,754 mt, 10,856 mt 

and 12,128 mt as established by the 

final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017) 

and revised by flatfish exchange (82 FR 

24253, May 26, 2017). 

The Coastal Villages Region Fund has 

requested that NMFS exchange 89 mt of 

flathead sole sole CDQ reserves and 250 

mt of rock sole CDQ reserves for 339 mt 

of yellowfin sole CDQ ABC reserves 

under § 679.31(d). Therefore, in 

accordance with § 679.31(d), NMFS 

exchanges 89 mt of flathead sole CDQ 

reserves and 250 mt of rock sole CDQ 

reserves for 339 mt of yellowfin sole 

CDQ ABC reserves in the BSAI. This 

action also decreases and increases the 

TACs and CDQ ABC reserves by the 

corresponding amounts. Tables 11 and 

13 of the final 2017 and 2018 harvest 

specifications for groundfish in the 

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

and revised by flatfish exchange (82 FR 

24253, May 26, 2017), are further 

revised as follows: 

TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK

SOLE, AND YELLOWFIN SOLE TACS

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead sole Rock sole Yellowfin sole 

Eastern 

Aleutian 

District 

Central 

Aleutian 

District 

Western 

Aleutian 

District 

BSAI BSAI BSAI 

TAC .......................................................... 7,900 7,000 9,000 14,411 47,550 153,639 

CDQ ......................................................... 845 749 963 1,463 5,490 16,117 

ICA ........................................................... 100 60 10 4,000 5,000 4,500 

BSAI trawl limited access ........................ 695 619 161 0 0 18,151 

Amendment 80 ......................................... 6,259 5,572 7,866 8,949 37,060 114,871 

Alaska Groundfish Cooperative ............... 3,319 2,954 4,171 918 9,168 45,638 

Alaska Seafood Cooperative ................... 2,940 2,617 3,695 8,031 27,893 69,233 

Note: Sector apportionments may not total precisely due to rounding. 

TABLE 13—FINAL 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND

AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE

[Amounts are in metric tons] 

Sector 2017 

Flathead sole 

2017 

Rock sole 

2017 

Yellowfin sole 

2018 

Flathead sole 

2018 

Rock sole 

2018 

Yellowfin sole 

ABC .......................................................... 68,278 155,100 260,800 66,164 143,100 250,800 

TAC .......................................................... 14,411 47,550 153,639 14,500 47,100 154,000 

ABC surplus ............................................. 53,867 107,550 107,161 51,664 96,000 96,800 

ABC reserve ............................................. 53,867 107,550 107,161 51,664 96,000 96,800 

CDQ ABC reserve ................................... 5,843 11,106 11,789 5,528 10,272 10,358 

Amendment 80 ABC reserve ................... 48,024 96,444 95,372 46,136 85,728 86,442 

Alaska Groundfish Cooperative for 

2017 1 ................................................... 4,926 23,857 37,891 n/a n/a n/a 

Alaska Seafood Cooperative for 2017 1 .. 43,098 72,587 57,481 n/a n/a n/a 

1The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not 

be known until eligible participants apply for participation in the program by November 1, 2017. 

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 flatfish exchange by the 

Coastal Villages Regional Fund in the 

BSAI. Since these fisheries are currently 

open, it is important to immediately 

inform the industry as to the revised 


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46424 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

allocations. Immediate 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 28, 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: October 2, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–21466 Filed 10–2–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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