Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 51577 

Dated: October 6, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

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. 

■ 2. Section 52.2570 is amended by 

revising paragraph (c)(113)(i)(D) and by 

adding paragraph (c)(137) to read as 

follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(113) * * * 

(i) * * * 

(D) NR 400.02(73m) and (131m), 

406.02(1) and (2), 406.04(2m), NR 

406.11(1)(g)(1), 406.11(3), 406.16, 

406.17, 406.18, 407.02(3m), 407.105, 

407.107, 407.14 Note, 407.14(4)(c), 

407.15(8)(a) and 410.03(1)(a)(6) and (7) 

as created and published in the 

(Wisconsin) Register, August 2005, No. 

596, effective September 1, 2005. 

Sections NR 406.16(2)(d) and NR 

406.17(3)(e) were repealed in 2015 and 

are removed without replacement; see 

paragraph (c)(137) of this section. 

* * * * * 

(137) On May 16, 2017, the Wisconsin 

Department of Natural Resources 

submitted a request to revise 

Wisconsin’s air permitting rules NR 

400.02(136m), NR 406.04(1)(w), NR 

406.08(1), NR 406.10 and NR 406.11(1). 

These revisions replace the existing 

definition of ‘‘emergency electric 

generator’’ with a broader definition of 

‘‘restricted internal combustion engine’’, 

amend procedures for revoking 

construction permits and include minor 

language changes and other 

administrative updates to ensure 

consistency with State and Federal 

regulations. Wisconsin has also 

requested to remove from the SIP NR 

406.16(2)(d) and NR 406.17(3)(e), 

provisions affecting eligibility of 

coverage under general and registration 

construction permits, previously 

approved in paragraph (c)(113) of this 

section. This action ensures consistency 

with Wisconsin Environmental 

Protection Act (WEPA) laws. 

(i) Incorporation by reference. 

(A) Wisconsin Administrative Code, 

NR 400.02(136m) as published in the 

Wisconsin Administrative Register 

November 2015 No. 719A1, effective 

December 1, 2015. 

(B) Wisconsin Administrative Code, 

NR 406.04(1)(w), NR 406.08(1), NR 

406.10 and NR 406.11(1) as published in 

the Wisconsin Administrative Register 

November 2015 No. 719A1, effective 

December 1, 2015. 

(ii) [Reserved] 

[FR Doc. 2017–23048 Filed 11–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140722613–4908–02] 

RIN 0648–XF765 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and Atlantic Region; 

Commercial Closure for Spanish 

Mackerel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial Spanish mackerel in the 

northern zone of the Atlantic exclusive 

economic zone (EEZ) through this 

temporary rule. NMFS has determined 

that the revised commercial quota for 

Spanish mackerel in the northern zone 

of the Atlantic EEZ will be reached by 

November 7, 2017. Therefore, NMFS 

closes the northern zone of the Atlantic 

EEZ to commercial harvest of Spanish 

mackerel on November 7, 2017. This 

closure is necessary to protect the 

Spanish mackerel resource in the 

Atlantic. 

DATES: The closure is effective at 12:01 

a.m., local time, November 7, 2017, 

until 12:01 a.m., local time, March 1, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

includes king mackerel, Spanish 

mackerel, and cobia, and is managed 

under the Fishery Management Plan for 

the Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region (FMP). The FMP was prepared 

by the Gulf of Mexico and South 

Atlantic Fishery Management Councils 

and is implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights described for Spanish mackerel 

in the Atlantic EEZ apply as either 

round or gutted weight. 

On November 20, 2014, NMFS 

published a final rule in the Federal 

Register to implement Framework 

Amendment 1 to the FMP (79 FR 

69058). That final rule implemented a 

commercial annual catch limit (equal to 

the commercial quota) of 3.33 million lb 

(1.51 million kg) for the Atlantic 

migratory group of Spanish mackerel 

(Atlantic Spanish mackerel). Atlantic 

Spanish mackerel are divided into 

northern and southern zones for 

management purposes. The northern 

zone commercial quota for Atlantic 

Spanish mackerel is 662,670 lb (300,582 

kg) for the current fishing year, March 

1, 2017, through February 28, 2018 (50 

CFR 622.384(c)(2)(i)). 

Regulations at 50 CFR 

622.384(c)(2)(iii) allow for quota 

transfers between the northern and 

southern zones with the approval from 

the Regional Administrator (RA) of the 

NMFS Southeast Region. North Carolina 

or Florida, in consultation with the 

other states in the respective zones, may 

request approval from the RA to transfer 

part or all of a respective zone’s annual 

commercial quota to the other zone. For 

the purposes of quota closures as 

described in 50 CFR 622.8, the receiving 

zone’s quota will be the original quota 

plus any transferred amount, for that 

fishing year only. Landings associated 

with any transferred quota will be 

included in the total landings for the 

Atlantic migratory group, which will be 

evaluated relative to the total ACL. 

In a letter dated October 30, 2017, the 

State of Florida requested the transfer of 

100,000 lb (45,359 kg) of Atlantic 

Spanish mackerel commercial quota 

from the southern zone to the northern 

zone to allow the commercial quota for 

both zones to be fully harvested. NMFS 

approved the transfer of commercial 

quota, and therefore, the revised 

northern zone commercial quota for 

Spanish mackerel is 762,670 lb (345,941 

kg) and the revised southern zone 

commercial quota is 2,567,330 lb 

(1,164,521 kg) in the current fishing 

year, March 1, 2017, through February 

28, 2018. 

The northern zone for Atlantic 

Spanish mackerel extends in Federal 

waters off New York, New Jersey, 

Delaware, Maryland, Virginia, and 

North Carolina. The northern boundary 

of the northern zone extends from an 

intersection point off New York, 


nshattuck on DSK9F9SC42PROD with RULES
51578 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 

Connecticut, and Rhode Island at 

41°18′16.249′′ N. lat., 71°54′28.477′′ W. 

long. and proceeds southeast to 

37°22′32.75′′ N. lat. and the intersection 

point with the outward boundary of the 

EEZ. The southern boundary of the 

northern zone extends from the North 

Carolina and South Carolina state 

border, along a line extending in a 

direction of 135°34′55′′ from true north 

beginning at 33°51′07.9′′ N. lat., 

78°32′32.6′′ W. long. to the intersection 

point with the outward boundary of the 

EEZ. 

Regulations at 50 CFR 622.388(d)(1)(i) 

require NMFS to close the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone when the commercial 

quota is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined the 

revised commercial quota of 762,670 lb 

(345,941 kg) for Atlantic Spanish 

mackerel in the northern zone will be 

reached by November 7, 2017. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

northern zone is closed effective at 

12:01 a.m., local time, November 7, 

2017, through February 28, 2018, the 

end of the current fishing year. 

During the commercial closure, a 

person on board a vessel that has been 

issued a valid Federal permit to harvest 

Atlantic Spanish mackerel may 

continue to retain this species in the 

northern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (a)(2), as 

long as the recreational sector for 

Atlantic Spanish mackerel is open (50 

CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the closed zone, 

including those harvested under the bag 

and possession limits, may not be 

purchased or sold. This prohibition 

does not apply to Atlantic Spanish 

mackerel from the closed zone that were 

harvested, landed ashore, and sold prior 

to the closure and were held in cold 

storage by a dealer or processor (50 CFR 

622.384(e)(2)). 

Classification 

The RA for the NMFS Southeast 

Region has determined this temporary 

rule is necessary for the conservation 

and management of Atlantic Spanish 

mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.8, 622.384(e), and 622.388(d)(1)(i) 

and is exempt from review under 

Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act, because the temporary rule is 

issued without opportunity for prior 

notice and opportunity for comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds good cause to 

waive the requirements 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 

procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule implementing the commercial 

quota and the associated AM has 

already been subject to notice and 

public comment, and all that remains is 

to notify the public of the closure. 

Additionally, allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the Atlantic 

Spanish mackerel stock, because the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and could 

potentially result in a harvest well in 

excess of the established commercial 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: November 2, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24220 Filed 11–2–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170717675–7999–02] 

RIN 0648–XF571 

Fisheries of the Northeastern United 

States; Golden Tilefish Fishery; 2018 

and Projected 2019–2020 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2018 commercial 

golden tilefish fishery and projected 

specifications for 2019 and 2020. This 

action establishes allowable harvest 

levels and other management measures 

to prevent overfishing while allowing 

optimum yield, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Tilefish Fishery Management Plan. 

It is also intended to inform the public 

of these specifications for the 2018 

fishing year and projected specifications 

for 2019–2020. 

DATES: Effective November 2, 2017 

through October 31, 2018. 

ADDRESSES: Copies of these 

specifications, including the 

Environmental Assessment, Regulatory 

Flexibility Act Analyses, and other 

supporting documents for the action, are 

available upon request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 N. 

State Street, Dover, DE 19901. The 

specifications document is also 

accessible via the Internet at: http://

www.greateratlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The golden tilefish fishery is managed 

by the Mid-Atlantic Fishery 

Management Council under the Tilefish 

Fishery Management Plan (FMP), which 

outlines the Council’s process for 

establishing annual specifications. 

Regulations implementing the Tilefish 

FMP appear at 50 CFR part 648, 

subparts A and N, which require the 

Council to recommend acceptable 

biological catch (ABC), annual catch 

limit (ACL), annual catch target (ACT), 

total allowable landings (TAL), and 

other management measures, for up to 

three years at a time. On September 7, 

2017, NMFS proposed 2018–2020 

specifications for the golden tilefish 

fishery (82 FR 42266) based on Council 

recommendations, and accepted public 

comment through September 22, 2017. 

Additional background information 

regarding the development of these 

specifications was provided in the 

proposed rule and is not repeated here. 

Final Specifications 

This action implements the approved 

ABCs, catch limits, and quota limits for 

the commercial golden tilefish fishery 

for the 2018 fishing year (Table 1), and 

projects specifications for fishing years 

2019 and 2020 (Table 2), as outlined in 

the proposed rule. By providing 

projected quotas for 2019 and 2020, 

NMFS hopes to assist fishery 


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