Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9285

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

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

Dated: January 19, 2001.

Mindy S. Lubber,

Regional Administrator, EPA-New England.

[FR Doc. 01–3160 Filed 2–6–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[DE043–1030b; FRL–6941–4]

Approval and Promulgation of Air

Quality Implementation Plans;

Approval and Promulgation of Air

Quality Implementation Plans;

Delaware; Revisions to New Source

Review

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to convert its

conditional approval of Delaware’s

revised New Source Review (NSR)

regulations to a full approval and to

incorporate those regulations into the

Delaware State Implementation Plan

(SIP). In the Final Rules section of this

Federal Register. EPA is taking direct

final action to convert the conditional

approval to full approval as a direct

final rule without prior proposal

because the Agency views this as a

noncontroversial submittal and

anticipates no adverse comments. If no

adverse comments are received in

response to this action, no further

activity is contemplated. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period. Any parties

interested in commenting on this action

should do so at this time.

EFFECTIVE DATE: Comments must be

received in writing by March 9, 2001.

ADDRESSES: Written comments should

be addressed to Makeba Morris, Chief,

Permits and Technology Assessment

Branch, Mailcode 3AP11, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; and

the Delaware Department of Natural

Resources & Environmental Control, 89

Kings Highway, P.O. Box 1401, Dover,

Delaware 19903.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068, at the

EPA Region III address above, or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION: For

further information on EPA’s proposed

action to convert its conditional

approval of revisions to Delaware’s New

Source Review Program to a full

approval, please see the information

provided in the direct final action, with

the same title, that is located in the

‘‘Rules and Regulations’’ section of this

Federal Register publication.

Dated: January 17, 2001.

Bradley M. Campbell,

Regional Administrator, Region III.

[FR Doc. 01–3159 Filed 2–6–01; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[I.D. 012301A]

Western Pacific Fishery Management

Council; Public Meetings and Hearing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting/public

hearing.

SUMMARY: The Western Pacific Fishery

Management Council (Council) will

hold its 108th meeting February 12

through February 15, 2001, in Honolulu,

HI.

DATES: The Council’s Standing

Committees will meet on February 12,

2001, from 7:30 a.m. to 5:30 p.m. The

full Council meeting will be held on

February 13, 2001, from 9 a.m. to 5 p.m.

and February 14 and 15, 2001, from 8:30

a.m. to 5 p.m. A public hearing will be

held on February 13, 2001, at 4 p.m. on

a framework amendment to extend the

Northwestern Hawaiian Islands (NWHI)

lobster fishery closure. See

SUPPLEMENTARY INFORMATION for specific

dates and times for these meetings and

the hearing.

ADDRESSES: The Council meeting,

Standing Committee meetings, and

public hearing will be held at the Ala

Moana Hotel, 410 Atkinson Drive,

Honolulu, HI; telephone: 808-955-4811.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director;

telephone: 808-522-8220.

SUPPLEMENTARY INFORMATION:

Dates and Times

Committee Meetings

The following Standing Committees

of the Council will meet on February 12,

2001. Enforcement/Vessel Monitoring

9286 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules

System (VMS) from 7:30 a.m. to 9:30

a.m.; International Fisheries/Pelagics

from 9:30 a.m. to 11:30 a.m.; Executive/

Budget and Program from 11:30 a.m. to

1:30 p.m.; Precious Corals from 1:30

p.m. to 3 p.m.; Crustaceans from 1:30

p.m. to 3 p.m.; Bottomfish from 3 p.m.

to 4:30 p.m; Ecosystem and Habitat from

3 p.m. to 4:30 p.m.; and Fishery Rights

of Indigenous People from 4:30 p.m. to

5:30 p.m.

Public Hearing

A public hearing will be held on

February 13, 2000, at 4 p.m. on a

framework amendment to extend the

NWHI lobster fishery closure.

The agenda during the full Council

meeting will include the items listed

below. In addition, the Council will

hear recommendations from its advisory

panels, plan teams, scientific and

statistical committee, and other ad hoc

groups. Public comment periods will be

provided throughout the agenda. The

order in which agenda items are

addressed may change. The Council will

meet as late as necessary to complete

scheduled business.

Agenda

1. Introductions

2. Approval of Agenda

3. Approval of 107th Meeting Minutes

4. Island Reports

A. American Samoa

B. Guam

C. Hawaii

D. Commonwealth of the Northern

Mariana Islands (CNMI)

5. Federal Fishery Agency and

Organization Reports

A. Department of Commerce

(1) NMFS

(a) Southwest Region, Pacific Island

Area Office

(b) Southwest Fisheries Science

Center, La Jolla and Honolulu

Laboratories

(2) NOAA General Counsel,

Southwest Region

B. Department of the Interior

(1) U.S. Fish and Wildlife Service

(USFWS)

C. U.S. State Department

6. Enforcement

A. U.S. Coast Guard activities

B. NMFS activities

C. Commonwealth, Territories, and

State activities

D. Report on State/NMFS/USCG

meeting

E. Cooperative agreements for Guam/

CNMI

F. Status of violations

7. VMS

A. Hawaii VMS report

B. Report on national VMS efforts

C. Assessment of VMS needs in

American Samoa, Guam, CNMI

8. Precious Corals

A. Status of 1999 framework

amendment regarding new harvesting

requirements

B. Status of 2000 framework

adjustment regarding Hawaiian Islands

exploratory area quota increase

C. Precious Coral draft environmental

impact statement (EIS)

9. Bottomfish Fisheries

A. Status of the stocks

B. Status of the fishery: litigation,

Biological Opinion (BO), observers

C. Status of DEIS

10. Crustacean Fisheries

A. Framework measure for closure of

the fishery

B. Status of spring research tagging

charter

C. Status of plans for 5-year review/

technical review panel

D. Status of DEIS

E. Public hearing on a framework

amendment to extend the NWHI lobster

fishery closure.

In early 2000, while developing the

estimate of the annual exploitable

lobster population and harvest guideline

for the NWHI commercial lobster

fishery, NMFS’ scientists noted

increasing uncertainty in model

parameter estimates, as well as

problems with the model assumptions,

and concluded that the estimates may

be inaccurate and should be used

cautiously.

The underlying concern with these

population estimates revolves around

the use of mixed species and spatially

disaggregated data (i.e., under bankspecific harvest guidelines first

implemented in 1998) in an algorithm

designed to estimate aggregated, single

species populations.

Specific concerns surround the

validity of the following assumptions of

the model: that homogeneous

population dynamics exist between

banks; that there is constant recruitment

throughout the NWHI; that the model’s

catchability estimates are correct; that

natural mortality is constant irrespective

of species, age, or sex; and that

commercial catch per unit of effort

(CPUE) is a reliable index of lobster

abundance in the NWHI. Based on new

information from research surveys,

tagging data, and recent advances in

NMFS’ understanding, these

assumptions have been increasingly

called into question. Declining

commercial CPUE in recent years

suggests that lobster populations are not

rebuilding. Based on the above

problems, including reductions in both

catches and catch rates, NMFS closed

the NWHI commercial lobster fishery for

the 2000 lobster season as a

precautionary measure. NMFS scientists

are continuing work to refine the model

used to estimate exploitable

populations, as well as to gather fishery

independent data that can be used to

reassess the model’s assumptions and

parameters. A charter tagging cruise is

tentatively planned for the spring and a

research cruise for the summer (if

funding is available). Last year’s

emergency closure of the fishery was

authorized under section 305(c) of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) based on recent

data suggesting low recruitment in the

fishery.

11. Pelagic Fisheries

A. Fourth quarter 2000 Hawaii and

American Samoa longline fishery report

B. Turtle management

(1) Pelagic DEIS: preferred alternative

(2) BO, recommended measures

C. Shark management: Amendment 9

blue shark quota following state and

Federal finning bans.

In July 2000, the Council sent NMFS

Amendment 9 to its Fishery

Management Plan for the Pelagics

Fisheries of the Western Pacific Region

(Pelagics FMP). Among the measures

contained in the amendment was a

50,000 blue shark annual harvest

guideline that was based on the average

number of blue sharks caught and

retained for finning, i.e., removing the

fins from sharks and discarding the

remainder of the carcasses at sea.

However, a new Federal law was

enacted in December, 2000, (the Shark

Finning Prohibition Act), that amended

the Magnuson-Stevens Act and banned

the landing of shark fins without the

accompanying shark carcasses

throughout the United States.

Consequently, the Council will revisit

the provisions of Amendment 9 since

the basis of the 50,000 harvest guideline

for blue sharks is no longer relevant

and, in its present form, the amendment

would only be partially approved by

NMFS. The Council will review the

amendment and consider several

options, including a no-harvest

guideline for blue sharks, maintaining

the present 50,000 blue shark harvest

guideline with a requirement specifying

that carcasses must be landed with fins,

or a new harvest guideline based on a

potential directed fishery for blue

sharks.

Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Proposed Rules 9287

D. Seabird management: USFWS BO

regarding interactions with the Hawaiibased pelagic longline fishery

E. Proposed Kingman Reef wildlife

refuge: environmental assessment

F. Hawaii offshore handline fishery

and gear conflicts at Cross seamount

G. Exclusion of purse-seine vessels

from American Samoa 50 nautical mile

(nm) closed area proposal

In October 2000, the Council sent

NMFS an FMP framework measure to its

Pelagics FMP, that would establish a 50

nautical mile closed area around all the

islands of American Samoa, in which

U.S. pelagic fishing vessels ≤ 50 ft

(15.24 m) in overall length would be

prohibited from fishing. This would

include large longline, purse seine, and

trolling vessels. This measure, requested

by American Samoa fishermen, is

intended to protect the expanding

small-scale artisanal longline fishery

based on small 30-40 ft (9.1-12.2 m)

outboard-powered catamarans. At the

107th Council Meeting in November

2000, the American Samoa Council

members expressed the American

Samoa government’s desire that purse

seine vessels be exempted from the

terms of this management measure. The

Council voted at the 107th meeting to

discuss this exemption at the next

Council meeting. The Council will

review the framework measure and the

options for exemption of purse seiners

from the provisions of the 50 nm closed

area.

H. Re-categorization of Hawaii

longline fishery under the Marine

Mammal Protection Act

12. Ecosystems and Habitat

A. Draft Coral Reef Ecosystems

Fishery Management Plan and Draft EIS

(1) Aspects for further discussion

(2) Review of (initial) public and

agency comments

B. Impacts of Executive Order 13178

on NWHI fisheries: Fishery disaster

relief

13. Fishery Rights of Indigenous People

A. Eligibility criteria for Community

Development Program bottomfish Mau

zone permit

B. Eligibility criteria for Community

Demonstration Projects

C. Local observer program update

D. Hawaiian green sea turtle cultural

and religious uses

E. Status of Marine Conservation

Plans

14. Program Planning

A. Reauthorization of MagnusonStevens Act, ESA, and Antiquities Act

B. Status of marine debris initiative

C. Palmyra Atoll

(1) Establishment of National Wildlife

Refuge

(2) Fisheries management and

development

D. Fishing activities, support

operations at Midway Atoll National

Wildlife Refuge

E. Report on program planning

activities

F. Western Pacific Fisheries

Information Network/Fisheries Data

Coordinating Committee

15. Administrative Matters

A. Administrative reports

B. Upcoming meetings and workshops

including the 109th Council meeting

C. Advisory group member changes

16. Other Business

Although non-emergency issues not

contained in this agenda may come

before the Council for discussion, those

issues may not be the subject of formal

Council action during this meeting.

Council action will be restricted to those

issues specifically listed in this

document and any issue arising after

publication of this document that

requires emergency action under section

305(c) of the Magnuson-Stevens Act,

provided the public has been notified of

the Council’s intent to take final action

to address the emergency.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Kitty M. Simonds, 808-522-8220 (voice)

or 808-522-8226 (fax), at least 5 days

prior to the meeting date.

Authority: 1801 et seq.

Dated: February 1, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–3098 Filed 2–6–01; 8:45 am]

BILLING CODE 3510-22-S