        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 635
        [Docket No. 050303056-5056-01; I.D. 020205F]
        RIN 0648-AT07
        Atlantic Highly Migratory Species; Atlantic Commercial Shark Management Measures

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          This proposed rule would establish the second and third trimester season quotas for large coastal sharks (LCS), small coastal sharks (SCS), pelagic, blue, and porbeagle sharks based on over- or underharvests from the 2004 second semi-annual season. In addition, this rule proposes the opening and closing dates for the LCS fishery based on adjustments to the trimester quotas. This action could affect all commercial fishermen in the Atlantic commercial shark fishery.

          DATES:
          Written comments will be accepted until 5 p.m. on March 25, 2005.
          NMFS will hold one public hearing to receive comments from fishery participants and other members of the public regarding the proposed shark regulations. The hearing date is Monday, March 21, 2005, from 2:45-3:45 p.m.

          The Atlantic commercial shark fishing season proposed opening and closure dates and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION.

          ADDRESSES:
          The hearing location is the Holiday Inn, 8777 Georgia Avenue, Silver Spring, MD 20910.
          Written comments on the proposed rule may be submitted to Christopher Rogers, Chief, Highly Migratory Species Management Division via:
          • E-mail: SF1.020205F@noaa.gov.
          • Mail: 1315 East-West Highway, Silver Spring, MD 20910. Please mark the outside of the envelope “Comments on Proposed Rule for 2nd and 3rd Trimester Season Lengths and Quotas.”
          • Fax: 301-713-1917.
          • Federal e-Rulemaking portal: http://www.regulations.gov. Include in the subject line the following identifier: I.D. 020205F.

          FOR FURTHER INFORMATION CONTACT:
          Chris Rilling, Karyl Brewster-Geisz, or Mike Clark by phone: 301-713-2347 or by fax: 301-713-1917.

        SUPPLEMENTARY INFORMATION:
        Proposed Opening and Closure Dates and Quotas

          Table 1—Proposed Opening and Closure Dates and Quotas

            Species Group
            Region
            Opening Date
            Closure Date
            Quota

              Second Trimester Season

            Large Coastal Sharks
            Gulf of Mexico
            August 1, 2005
            August 31, 2005 11:30 p.m. local time
            148 mt dw (326,280 lb dw)

            South Atlantic
            July 1, 2005

            182 mt dw (401,237 lb dw)

            North Atlantic
            July 15, 2005

            65.2 mt dw (143,739 lb dw)

            Small Coastal Sharks
            Gulf of Mexico
            May 1, 2005
            To be determined, as necessary
            30.5 mt dw (67,240 lb dw)

            South Atlantic

            281.3 mt dw (620,153 lb dw)

            North Atlantic

            23 mt dw (50,706 dw)

            Blue sharks
            No regional quotas
            May 1, 2005
            To be determined, as necessary
            91 mt dw (200,619 lb dw)

            Porbeagle sharks

            30.7 mt dw (67,681 lb dw)

            Pelagic sharks other than blue or porbeagle

            162.7 mt dw (358,688 lb dw)

              Third Trimester Season

            Large Coastal Sharks
            Gulf of Mexico
            September 1, 2005
            October 31, 2005 11:30 p.m. local time
            167.7 mt dw (369,711 lb dw)

            South Atlantic

            December 15, 2005 11:30 p.m. local time
            187.5 mt dw (413,362 lb dw)

            North Atlantic

            September 14, 2005 11:30 p.m. local time
            4.8 mt dw (10,582 lb dw)

            Small Coastal Sharks
            Gulf of Mexico
            September 1, 2005
            To be determined, as necessary
            31.7 mt dw (69,885 lb dw)

            South Atlantic

            201.1 mt dw (443,345 lb dw)

            North Atlantic

            15.9 mt dw (35,053 lb dw)

            Blue sharks
            No regional quotas
            September 1, 2005
            To be determined, as necessary
            91 mt dw (200,619 lb dw)

            Porbeagle sharks

            30.7 mt dw (67,681 lb dw)

            Pelagic sharks

            162.7 mt dw (358,688 lb dw)

        Background
        The Atlantic shark fishery is managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Fisheries Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP), finalized in 1999, and Amendment 1 to the HMS FMP, finalized in 2003, are implemented by regulations at 50 CFR part 635.

        On December 24, 2003, NMFS published a final rule (68 FR 74746) for Amendment 1 to the HMS FMP that established, among other things, the 2004 annual landings quota for LCS at 1,017 metric tons (mt) dressed weight (dw) and the 2004 annual landings quota for SCS at 454 mt dw. The final rule also established regional LCS and SCS quotas for the commercial shark fishery in the Gulf of Mexico (Texas to the West coast of Florida), South Atlantic (East coast of Florida to North Carolina and the Caribbean), and North Atlantic (Virginia to Maine). The quota for LCS was split among the three regions based upon historic landings.
        On November 30, 2004, NMFS published a final rule (69 FR 69537) that adjusted the 2005 regional quotas for LCS and SCS based on updated landings information, divided the quotas among the three trimester seasons, established a method of accounting for over- or underharvests in the transition from semi-annual to trimester seasons, and implemented a new process for notifying participants of season opening and closing dates and quotas.
        The 2004 final rule divided the LCS quota among the three regions as follows: 52 percent to the Gulf of Mexico, 41 percent to the South Atlantic, and 7 percent to the North Atlantic. The SCS quota was split among the three regions as follows: 10 percent to the Gulf of Mexico, 88 percent to the South Atlantic, and 2 percent to the North Atlantic. The regional quotas for LCS and SCS were divided equally between the trimester seasons in the South Atlantic and the Gulf of Mexico, and according to historical landings in the North Atlantic. The quotas were divided in this manner because sharks are available throughout much of the year in the Gulf of Mexico and South Atlantic regions, but primarily during the summer months in the North Atlantic region. Dividing the quota according to historical landings in the North Atlantic provided that region with a better opportunity to harvest its regional quota.
        The final rule also established a method of dividing any over- or underharvests from the 2004 first semi-annual season equally between the 2005 first and second trimester seasons, and any over- or underharvest from the 2004 second semi-annual season equally between the 2005 second and third trimester seasons. This was done, in part, to make a larger portion of the quota available to fishermen during the second and third trimester seasons when the time/area closure off North Carolina will no longer be in effect.
        Consistent with the Administrative Procedure Act (APA), the final rule established a process of issuing a proposed and final rule for notification of season lengths and quotas to facilitate public comment. This proposed rule serves as notification of proposed season lengths and quotas pursuant to 50 CFR 635.27(b)(1)(iii). This action would not change the 2005 base landings quota or the 2005 regional quotas established in the November 30, 2004, final rule.
        Annual Landings Quotas
        Any of the proposed quotas may change depending on any updates to the reported landings from the 2004 second semi-annual season. Per Amendment 1 to the HMS FMP, the 2005 annual base landings quotas for LCS and SCS are 1,017 mt dw (2,242,078 lbs dw) for LCS and 454 mt dw (1,000,888.4 lbs dw) for SCS. The 2005 quota levels for pelagic, blue, and porbeagle sharks are 488 mt dw (1,075,844.8 lbs dw), 273 mt dw (601,855.8 lbs dw), and 92 mt dw (202,823.2 lbs dw), respectively. This rule does not propose to change any of these overall base landings quotas.
        As of February 1, 2005, the overall 2004 second semi-annual season quotas for LCS and SCS had not been exceeded. Reported landings of LCS were at 89 percent (618.2 mt dw) of the LCS semi-annual quota, and SCS landings were at 30 percent (77.1 mt dw) of the overall SCS semi-annual quota. The Gulf of Mexico and North Atlantic regions experienced overharvests of 6 percent (16.9 mt dw) and 5 percent (1.85 mt dw) of their regional LCS quotas, respectively, whereas the South Atlantic region experienced an underharvest of 26 percent (97.1 mt dw) of its regional LCS quota. The Gulf of Mexico and South Atlantic experienced an underharvest of 62 percent (33.2 mt dw) and 65 percent (138.7 mt dw) of their regional SCS quotas, respectively. The North Atlantic reported no landings of SCS during the second semi- annual season. As described below, the regional quotas will be adjusted based on these over- or underharvests.
        Regional Landings Quotas Percentages for LCS and SCS
        Consistent with 50 CFR 635.27(b)(1)(iii), the annual LCS quota (1,017 mt dw) is split among the regions as follows: 52 percent to the Gulf of Mexico, 41 percent to the South Atlantic, and 7 percent to the North Atlantic.
        Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the LCS quota for the Gulf of Mexico and the South Atlantic regions is further split equally (33.3 percent/season) between the three trimester fishing seasons, and the quota for the North Atlantic is further split according to historical landings of 4, 88, and 8 percent for the first, second, and third trimester seasons, respectively.
        Consistent with 50 CFR 635.27(b)(1)(iv), the annual SCS quota (454 mt dw) is split among the regions as follows: 10 percent to the Gulf of Mexico, 87 percent to the South Atlantic, and 3 percent to the North Atlantic.
        Also consistent with 50 CFR 635.27(b)(1)(vi)(3), the SCS quota for the Gulf of Mexico and the South Atlantic region is further split equally (33.3 percent/season) between the three trimester fishing seasons, and the quota for the North Atlantic is further split according to historical landings of 1, 9, and 90 percent for the first, second, and third trimester seasons, respectively.
        Due to the transition between semi-annual and trimester seasons, and consistent with the November 30, 2004, final rule, any over- or underharvest in a given region for the 2004 second semi-annual season will be divided equally between that region's quotas for the second and third 2005 trimester seasons. Additionally, one half of the over- or underharvest from the 2004 first semi-annual season will be carried over to the second 2005 trimester season.
        Gulf of Mexico Regional Landings Quotas
        In 2004, preliminary data indicate that for LCS, the Gulf of Mexico had an overharvest of 39.7 mt dw in the first semi-annual season, and an overharvest of 16.9 mt dw in the second semi-annual season. Thus, the total amount of quota removed from the second trimester season is 28.3 mt dw (39.7/2 +16.9/2), and the total amount of LCS quota removed from the third trimester season is 8.45 mt dw (16.9/2). As a result, the Gulf of Mexico LCS quota for the 2005 second trimester season is proposed to be 147.8 mt dw (1,017*0.52*0.333 −28.3), and the quota for the 2005 third trimester season is proposed as 167.7 mt dw (1,017*0.52*0.333 −8.45).
        In 2004, preliminary data indicate that for SCS, the Gulf of Mexico had an overharvest of 2.4 mt dw in the first semi-annual season, and an underharvest of 33.2 mt dw in the second semi-annual season. Thus, the total amount of quota carried over into the second trimester season is 15.4 mt dw (33.2/2 −2.4/2), and the total amount of quota carried over into the third trimester season is 16.6 mt dw (33.2/2). As a result, the Gulf of Mexico SCS quota for the 2005 second trimester season is proposed to be 30.5 mt dw (454*0.10*0.333 +15.4), and the quota for the 2005 third trimester season is proposed as 31.7 mt dw (454*0.10*0.333 +16.6).
        South Atlantic Regional Landings Quotas

        In 2004, preliminary data indicate that for LCS, the South Atlantic had an overharvest of 11.2 mt dw in the first semi-annual season, and an underharvest of 97.1 mt dw in the second semi-annual season. Thus, the total amount of quota carried over to the second trimester season is 43.0 mt dw (97.1/2-11.2/2), and the total amount of quota carried over into the third trimester season is 48.6 mt dw (97.1/2). As a result, the South Atlantic LCS quota for the 2005 second trimester season is proposed to be 182.0 mt dw (1,017*0.41*0.333 +43.0), and the quota for the 2005 third trimester season is proposed as 187.5 mt dw (1,017*0.41*0.333 +48.6).
        In 2004, preliminary data indicate that for SCS, the South Atlantic had an underharvest of 161.0 mt dw in the first semi-annual season, and an underharvest of 138.7 mt dw in the second semi-annual season. Thus, the total amount of quota carried over into the second trimester season is 149.8 mt dw (161.0/2 +138.7/2), and the total amount of quota carried over into the third trimester season is 69.3 mt dw (138.7/2). As a result, the South Atlantic SCS quota for the 2005 second trimester season is proposed to be 281.3 mt dw (454*0.87*0.333 +149.8), and the quota for the 2005 third trimester season is proposed to be 200.8 mt dw (454*0.87*0.333 +69.3).
        North Atlantic Regional Landings Quotas
        In 2004, preliminary data indicate that for LCS, the North Atlantic had an underharvest of 7.0 mt dw in the first semi-annual season, and an overharvest of 1.85 mt dw in the second semi-annual season. Thus the total amount of quota carried over into the second trimester season is 2.6 mt dw (7.0/2 −1.85/2), and the total amount of quota removed from the third trimester season is 0.93 mt dw (1.85/2). As a result, the North Atlantic LCS quota for the 2005 second trimester season is proposed to be 65.2 mt dw (1,017*0.07*0.88 +2.6), and the quota for the 2005 third trimester season is proposed as 4.76 mt dw (1,017*0.07*0.08 −.93).
        In 2004, preliminary data indicate that for SCS, the North Atlantic had an underharvest of 36.1 mt dw in the first semi-annual season, and an underharvest of 7.4 mt dw in the second semi-annual season. Thus, the total amount of quota carried over into the second trimester season is 21.8 mt dw (36.1/2 +7.4/2), and the total amount of quota carried over into the third trimester season is 3.7 mt dw (7.4/2). As a result, the North Atlantic SCS quota for the 2005 second trimester season is proposed to be 23.0 mt dw (454*0.03*0.09 +21.8), and the quota for the 2005 third trimester season is proposed as 15.9 mt dw (454*0.03*0.90 +3.7).
        Pelagic Shark Quotas
        The 2005 annual quotas for pelagic, blue, and porbeagle sharks are 488 mt dw (1,075,844.8 lbs dw), 273 mt dw (601,855.8 lbs dw), and 92 mt dw (202,823.2 lbs dw), respectively. These are the same quotas that were established in the HMS FMP. As of February 2005, approximately 57.3 mt dw had been reported landed in the second 2004 semiannual fishing season in total for pelagic, blue, and porbeagle sharks combined. Thus, the pelagic shark quota does not need to be reduced consistent with the current regulations 50 CFR 635.27(b)(1)(iv). The 2005 second and third trimester quotas for pelagic, blue, and porbeagle sharks are proposed to be 162.6 mt dw (358,688.4 lbs dw), 91 mt dw (200,618.6 lbs dw), and 30.7 mt dw (67,681.2 lbs dw), respectively.
        Proposed Fishing Season Notification for the Second Season
        The second trimester fishing season of the 2005 fishing year for SCS, pelagic sharks, blue sharks, and porbeagle sharks in the northwestern Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, is proposed to open on May 1, 2005, at 11:30 a.m. local time. When quotas are projected to be reached for the SCS, pelagic, blue, or porbeagle shark fisheries, the Assistant Administrator (AA) will file notification of closures at the Office of the Federal Register at least 14 days before the effective date, as consistent with 50 CFR 635.28(b)(2).
        The second trimester fishing season of the 2005 fishing year for LCS is proposed to open on July 1, 2005, in the South Atlantic region, on July 15, 2005, in the North Atlantic region, and on August 1, 2005, in the Gulf of Mexico region. NMFS is proposing to close the second trimester season LCS fishery in all regions on August 31, 2005, at 11:30 p.m. local time.
        NMFS is proposing to delay the start of the second season for LCS to reduce the likelihood of interactions with pregnant female sharks that may be about to give birth. Delaying the start of the season will also allow the second and third trimester seasons to run consecutively. This will prevent the need for a closure of the LCS fishery between the second and third trimester seasons and should help minimize disruption to fishery participants in the transition from semi-annual to trimester seasons.
        To estimate the LCS fishery opening and closing dates for the second and third trimester seasons, NMFS calculated the average catch rates from July and August combined, as well as catch rates from August alone for each of the regions during the second semi-annual season in recent years (2000-2004), and then took the average of the two estimates to determine the appropriate season lengths. NMFS used this precautionary approach of averaging catch rates from July and August because of the potential for higher effort in August than has been observed in the past, and to reduce the likelihood of an overharvest. These average catch rates were used to estimate the amount of available quota that would likely be taken by the end of each dealer reporting period.
        Consistent with 50 CFR 635(b)(1)(vi), any over- or underharvests in one region will result in an equivalent increase or decrease in the following year's quota for that region.
        Because state landings during a Federal closure are counted against the quota, NMFS also calculated the average amount of quota reported received during the Federal closure dates of the years used to estimate catch rates.
        Pursuant to 50 CFR 635.5(b)(1), shark dealers must report any sharks received twice a month. More specifically, sharks received between the first and 15th of every month must be reported to NMFS by the 25th of that same month and those received between the 16th and the end of the month must be reported to NMFS by the 10th of the following month. Thus, in order to simplify dealer reporting and aid in managing the fishery, NMFS proposes to open and close the Federal LCS fishery on either the 15th or the end of any given month.
        Based on the average July and August LCS catch rates combined in recent years in the Gulf of Mexico region, approximately 54 percent of the available second trimester LCS quota (148.0 mt dw) would likely be taken in 2 weeks and 108 percent of the available LCS quota would likely be taken in 4 weeks. Dealer data also indicate that, on average, approximately 6.5 mt dw of LCS has been reported received by dealers during a Federal closure. This is approximately 4 percent of the proposed available quota. If catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 58 percent (54 + 4 percent) of the second trimester quota could be caught in 2 weeks, and 113 percent (109 + 4) of the quota could be caught in 4 weeks.

        Based on average LCS catch rates from August in recent years in the Gulf of Mexico region, approximately 37 percent of the available second trimester LCS quota would likely be taken in 2 weeks and 73 percent of the available second trimester LCS quota would likely be taken in 4 weeks. If catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 41 percent (37 + 4) of the second trimester quota could be caught in 2 weeks and 77 percent (73 percent + 4 percent) of the quota could be caught in 4 weeks. Taking into account the average of the two catch rates for 4 weeks, approximately 95 percent (113 percent and 77 percent), of the quota would likely be caught during this period. Thus, NMFS proposes to open the fishery in the Gulf of Mexico on August 1, 2005.
        Based on the average July and August LCS catch rates combined in recent years for the South Atlantic region, approximately 81 percent of the available second trimester LCS quota (182.0 mt dw) would likely be taken in 6 weeks and 100 percent of the available LCS quota would likely be taken in 8 weeks. Dealer data also indicate that, on average, approximately 17 mt dw of LCS has been reported received by dealers during a Federal closure. This is approximately 9 percent of the available quota. Thus, if catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 90 percent (81 percent + 9 percent) of the quota could be caught in 6 weeks, and 109 percent (100 percent + 9 percent) of the quota could be caught in 8 weeks.
        Based on the average LCS catch rates for August in recent years for the South Atlantic region, approximately 56 percent of the available second trimester LCS quota would likely be taken in 6 weeks and 74 percent of the available LCS quota would likely be taken in 8 weeks. Thus, if catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 65 percent (56 percent + 9 percent) of the quota could be caught in 6 weeks, and 83 percent (74 percent + 9 percent) of the quota could be caught in 8 weeks. Taking into account the average of the two catch rates for 8 weeks (109 percent and 83 percent), approximately 96 percent of the quota would likely be caught during this period. Thus, in order for the second and third trimester seasons to run consecutively without exceeding the quota during the second trimester season, NMFS proposes to open the fishery in the South Atlantic on July 1, 2005.
        Based on the average July and August LCS catch rates combined in recent years for the North Atlantic region, approximately 80.7 percent of the available second trimester LCS quota (65.2 mt dw) would likely be taken in 4 weeks and 104 percent of the available LCS quota would likely be taken in 6 weeks. Dealer data also indicate that, on average, approximately 9 mt dw of LCS has been reported received by dealers during a Federal closure. This is approximately 14 percent of the available quota. Thus, if catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 94.7 percent (80.7 + 14 percent) of the quota could be caught in 4 weeks, and 118 percent (104 percent + 14 percent) in 6 weeks. Thus, allowing the fishery to stay open for 6 weeks could result in an overharvest.
        Based on the average August LCS catch rates in recent years for the North Atlantic region, approximately 46 percent of the available second trimester LCS quota would likely be taken in 4 weeks and 70 percent of the available LCS quota would likely be taken in 6 weeks. Thus, if catch rates in 2005 are similar to the average catch rates from 2000 to 2004, 60 percent (46 percent + 14 percent) of the quota would likely be caught by in 4 weeks, and 84 percent of the quota would likely be caught in 6 weeks (70 percent + 14 percent). Taking into account the average of the two catch rates for 6 weeks (118 percent and 74 percent), approximately 96 percent of the quota would likely be caught during this period. Thus, in order for the second and third trimester seasons to run consecutively without exceeding the quota during the second trimester season, NMFS proposes to open the fishery in the North Atlantic on July 15, 2005.
        Proposed Fishing Season Notification for the Third Season
        The third trimester fishing season of the 2005 fishing year for LCS, SCS, pelagic sharks, blue sharks, and porbeagle sharks in all regions in the northwestern Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, is proposed to open on September 1, 2005. When quotas are projected to be reached for the SCS, pelagic, blue, or porbeagle shark fisheries, the AA will file notification of closures at the Office of the Federal Register at least 14 days before the effective date, as consistent with 50 CFR 635.28(b)(2).
        NMFS is proposing to close the third trimester season LCS fishery in the North Atlantic on September 14, 2005, at 11:30 p.m. local time, in the Gulf of Mexico on October 31, 2005, at 11:30 p.m. local time, and in the South Atlantic on December 15, 2005, at 11:30 local time.
        Since the LCS fishery has historically been closed during much of the third trimester period, NMFS used average LCS catch rates from August and September in recent years (2000-2004) to estimate the third trimester season catch rates and closure dates for each of the regions. NMFS used this precautionary approach of averaging catch rates from August and September because of the potential for higher effort in September than has been observed in the past, and to reduce the likelihood of an overharvest. Using catch rates from August alone may not be appropriate because catch rates during that month have been higher historically than during September, and because it does not fall within the third trimester season. However, using catch rates from September alone may also not be appropriate because of the lack of data during that month. Hence, NMFS used the average of the 2-month catch rates.
        In the Gulf of Mexico, approximately 79 percent of the available third trimester LCS quota (167.8 mt dw) would likely be taken by the end of October and 99 percent of the available LCS quota would likely be taken by the second week of November. Dealer data also indicate that, on average, approximately 6.5 mt dw of LCS has been reported received by dealers after a Federal closure. This is approximately 4 percent of the available quota. Thus, if catch rates in 2005 are similar to the average catch rates from 2001 to 2004, 82 percent (79 percent + 4 percent) of the quota could be caught by the end of October. If the fishery were to remain open until the second week of November, the quota would likely be exceeded (99 percent + 4 percent = 103 percent). Accordingly, NMFS is proposing to close the Gulf of Mexico LCS fishery on October 31, 2005, at 11:30 p.m. local time.
        In the South Atlantic, approximately 86 percent of the available third trimester LCS quota (187.5 mt dw) would likely be taken by the second week of December and 98 percent of the available LCS quota would likely be taken by the end of December. Dealer data also indicate that, on average, approximately 18 mt dw of LCS has been reported received by dealers after a Federal closure. This is approximately 10 percent of the available quota. Thus, if catch rates in 2005 are similar to the average catch rates from 2001 to 2004, 96 percent (86 percent + 10 percent) of the quota could be caught by the second week of December. If the fishery were to remain open until the end of December, the quota would likely be exceeded (98 percent + 10 percent = 108 percent). Accordingly, NMFS is proposing to close the South Atlantic LCS fishery on December 15, 2005, at 11:30 p.m. local time.

        In the North Atlantic, approximately 68 percent of the available third trimester LCS quota (4.8 mt dw) would likely be taken by the second week of September and 135 percent of the available LCS quota would likely be taken by the end of September. Dealer data also indicate that, on average, approximately 7 mt dw of LCS has been reported received by dealers after a Federal closure. This is approximately 151 percent of the available quota. Thus, if catch rates in 2005 are similar to the average catch rates from 2001 to 2004, 219 percent (68 percent + 151 percent) of the quota could be caught by the second week of September. Accordingly, NMFS is proposing to close the North Atlantic LCS fishery on September 15, 2005, at 11:30 p.m. local time.
        Request for Comments
        NMFS will hold one public hearing (see DATES and ADDRESSES) to receive comments from fishery participants and other members of the public regarding these proposed alternatives. These hearings will be physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Chris Rilling at (301) 713-2347 at least 5 days prior to the hearing date. For individuals unable to attend a hearing, NMFS also solicits written comments on this proposed rule (see DATES and ADDRESSES).
        Classification

        The Chief Counsel for Regulation at the Department of Commerce certified to the Chief Counsel for Advocacy at the Small Business Administration that this action would not have a significant economic impacts on a substantial number of small entities. This proposed rule is published under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Consistent with 50 CFR 635.279(b)(1)(iii) and (iv), the purpose of this action is to adjust the LCS and SCS trimester quotas based on over- or underharvests from the 2004 fishing season, and to announce the 2005 second and third trimester season opening and closing dates. This proposed rule will not increase overall quotas, landings or regional percentages for LCS or SCS, implement any new management measures not previously considered, and is not expected to increase fishing effort or protected species interactions.
        This proposed rule would result in a net positive economic impact for the South Atlantic and North Atlantic and a minimal negative economic impact for the Gulf of Mexico. The 2003 average ex-vessel price for LCS flesh was $0.79/lb, and the average ex-vessel price for SCS flesh was $0.53/lb dw. Although shark fins command a higher price ($19.86/lb dw), they represent only a small proportion of the total landings. The Gulf of Mexico experienced a net overharvest of 56.6 mt dw ( −$98,576, excluding fins) of LCS during the two 2004 semi-annual seasons and a net underharvest of 30.8 mt dw ( +$35,987) of SCS during the 2004 seasons. Thus, the net economic impact to the Gulf of Mexico is approximately −$62,589. This represents a small fraction of the overall gross revenue for the fishery ($4.5 million in 2003) and does not represent a significant negative economic impact. For the South Atlantic and the North Atlantic, which both experienced net underharvests of 85.9 mt dw and 5.15 mt dw for LCS, respectively, and 299.7 mt dw and 43.5 mt dw for SCS, respectively, during 2004, the net economic impact would be positive. For the South Atlantic, if the entire quota is caught, this could result in a net economic benefit of approximately $499,786 ($149,606 for LCS, excluding fins + $350,180 for SCS). For the North Atlantic, if the entire quota is caught, this could result in net economic benefit of approximately $59,115 ($8,288 for LCS, excluding fins + $50,827 for SCS).
        This rule is expected to impact 253 directed commercial shark permit holders, 358 incidental commercial shark permit holders, and 267 commercial shark dealers, all of which are considered small entities according to the Small Business Administration's standard for defining a small entity (5 U.S.C. 603(b)(3)).
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        NMFS has determined preliminarily that these regulations would be implemented in a manner consistent to the maximum extent practicable with the enforceable policies of those coastal states on the Atlantic including the Gulf of Mexico and Caribbean that have approved coastal zone management programs. Letters have been sent to the relevant states asking for their concurrence.

          Dated: March 4, 2005.
          William T. Hogarth,
          Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. 05-4743 Filed 3-7-05; 2:32 pm]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 600
        [Docket No. 160908833-7999-01]
        RIN 0648-BG34
        Requirements of the Vessel Monitoring System Type-Approval; Reopening of Public Comment Period

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; reopening of public comment period.

          SUMMARY:

          The National Marine Fisheries Service is reopening the public comment period on the proposed rule on requirements of the Vessel Monitoring System Type-Approval that published on December 5, 2017. The comment period ended on January 4, 2018. NMFS did not receive any comments on the original proposed rule and has decided to re-open the comment period for 30 days to provide additional opportunity for informed public comment.

          DATES:
          The deadline for comments on the proposed rule published at 82 FR 57419 has been reopened from February 27, 2018 to March 29, 2018.

          ADDRESSES:
          You may submit comments on the proposed rule, as published on December 5, 2017 (82 FR 57419), identified by “NOAA-HQ-2017-0141” by any of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-HQ-2017-0141, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Send written comments to Kelly Spalding, 1315 East West Highway, Room 3207, Silver Spring, MD 20910.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personally identifiable information (e.g.; name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

          FOR FURTHER INFORMATION CONTACT:

          Kelly Spalding, Vessel Monitoring System Program Manager, Headquarters: 301-427-8269 or Kelly.spalding@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Background
        On December 5, 2017, NMFS published in the Federal Register (82 FR 57419) a proposed rule on NMFS's proposed amendment to remove two sections of 50 CFR part 600, subpart Q, that require VMS type-approval holders (VMS vendors) to periodically renew their type-approvals. Currently, § 600.1512 of the VMS type approval regulations provides that type-approvals are valid for three years from the date on which NMFS publishes a notice in the Federal Register of the approval. Section 600.1513 requires that prior to the expiration of the three-year type-approval period, the VMS vendor must comply with the procedure set out for type-approval renewal. NMFS has found that the renewal process is unnecessary, has cost fishermen and approved VMS vendors additional time and expense, and has imposed unnecessary cost on the government and is therefore proposing to remove the renewal requirement from 50 CFR 600, Subpart Q. NMFS refers the reader to the December 5, 2017 proposed rule (82 FR 57419) for background information concerning the proposed rule as this notice does not repeat the information contained therein.
        Public Comment Reopening
        NMFS will re-open the comment period for 30 days to provide additional opportunity for informed public comment.

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

          Dated: February 22, 2018.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 2018-03945 Filed 2-26-18; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        RIN 0648-BF54
        Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; Amendment 113

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of availability of amendment to fishery management plan; request for comments.

          SUMMARY:

          The North Pacific Fishery Management Council (Council) has submitted Amendment 113 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 113 to the FMP would modify the Bering Sea and Aleutian Islands (BSAI) Pacific cod fishery to set aside a portion of the Aleutian Islands Pacific cod total allowable catch (TAC) for harvest by vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to shoreside processors located on land west of 170 W. longitude in the Aleutian Islands (Aleutian Islands shoreplants). The harvest set-aside would apply only if specific notification and performance requirements are met, and only during the first few months of the fishing year. This harvest set-aside would provide the opportunity for catcher vessels operating in the Aleutian Islands Pacific cod fishery, Aleutian Islands shoreplants, and the communities where Aleutian Islands shoreplants are located to receive benefits from the Aleutian Islands Pacific cod fishery, while the notification and performance requirements would preserve an opportunity for the complete harvest of the BSAI Pacific cod resource. Amendment 113 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

          DATES:
          Submit comments on or before September 19, 2016.

          ADDRESSES:
          You may submit comments on this document, identified by NOAA-NMFS-2015-0155, by any one of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0155, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying information (e.g., name, address) confidential business information, or otherwise sensitive information voluntarily submitted by the commenter will be publicly accessible. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous).

          Electronic copies of Amendment 113 to the FMP and the Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis (collectively, the “Analysis”) prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://www.alaskafisheries.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
          Julie Scheurer, 907-586-7228.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires that each regional fishery management council submit any fishery management plan amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary. The Magnuson-Stevens Act also requires that NMFS, upon receiving a fishery management plan amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Council has submitted Amendment 113 to the Secretary for review. This notice announces that proposed Amendment 113 to the FMP is available for public review and comment.
        Amendment 113 to the FMP was adopted by the Council in October 2015. The objective of Amendment 113 is to modify the BSAI Pacific cod fishery to prioritize the harvest of a portion of the Aleutian Islands Pacific cod TAC by catcher vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to Aleutian Islands shoreplants, thereby supporting social and economic development in the western Aleutian Islands fishing communities in which those vessels operate and shoreplants are located. The harvest set-aside would provide the opportunity for Aleutian Islands catcher vessels, shoreplants, and the communities where Aleutian Islands shoreplants are located to receive benefits from a portion of the Aleutian Islands Pacific cod fishery, while the notification and performance requirements would preserve an opportunity for the complete harvest of the BSAI Pacific cod resource.
        A combination of physical, biological, economic, and management factors, such as the relatively low Pacific cod stock abundance in the Aleutian Islands and the potential influx of excess at-sea processing capacity from rationalized fisheries, have affected harvesting and processing opportunities for Pacific cod for some participants in the Aleutian Islands and created the risk that Aleutian Islands fishing communities may not be able to sustain their participation in the Aleutian Islands Pacific cod fishery. The Council determined that Amendment 113 is necessary to provide benefits and stability to fishery-dependent fishing communities in the Aleutian Islands. Amendment 113 is consistent with long-standing policies recommended by the Council and regulations established by NMFS to provide harvesting and processing protections for non-rationalized fisheries and opportunities for fishing communities engaged in fisheries in the Aleutian Islands.
        If approved, Amendment 113 would amend four sections of the FMP as described below. First, a new row entitled “Aleutian Islands Catcher Vessel Harvest Set-Aside” would be added to Table ES-2 in the Executive Summary, below the row entitled “Retention and Utilization Requirements”, to read, “Under certain conditions, up to five thousand metric tons of the AI Pacific cod TAC (excluding CDQ) is reserved exclusively for harvest by vessels directed fishing for AI Pacific cod and delivering their catch for processing to Aleutian Islands shoreplants west of 170 degrees W. long. from January 1 through March 15.” This harvest set-aside would be referred to as the “Aleutian Islands Catcher Vessel Harvest Set-Aside” in regulations.
        Second, Amendment 113 would make two modifications in Section 3.2.3.4.3, “Apportionment of Total Allowable Catch”. Under subheading “3) Pacific cod”, the subheading “C) Seasonal Allocations” would be changed to read “B) Seasonal Allocations”. This change would be an editorial correction only. The second change in Section 3.2.3.4.3 would add a new subsection entitled “C) Bering Sea Trawl CV A-Season Sector Limitation” under subheading “3) Pacific cod”. This new subsection would state that if the Aleutian Islands Catcher Vessel Harvest Set-Aside is in effect, the trawl CV sector may not catch more than an amount that is equal to the trawl CV sector's A-season Pacific cod allocation minus the lesser of either the Aleutian Islands non-CDQ Pacific cod directed fishing allowance or 5,000 mt in the Bering Sea subarea before March 21.

        Third, a new subsection 3.6.5, entitled “Aleutian Islands Catcher Vessel Harvest Set-Aside”, would be added at the end of Section 3.6, “Catch Restrictions”. This new subsection would include the five main components of the Aleutian Islands Catcher Vessel Harvest Set-Aside:
        • First, “Aleutian Islands shoreplant,” for purposes of the Aleutian Islands Catcher Vessel Harvest Set-Aside, would be defined to mean a processing facility physically located on land west of 170 degrees W. long.
        • In the Aleutian Islands Pacific cod fishery, up to 5,000 mt of the non-CDQ directed fishing allowance would be reserved exclusively for harvest by vessels directed fishing for Aleutian Islands Pacific cod and delivering their catch for processing to Aleutian Islands shoreplants from January 1 until March 15. This exclusive harvest reservation is the “Aleutian Islands Catcher Vessel Harvest Set-Aside.” Any amount of the Aleutian Islands Pacific cod non-CDQ directed fishing allowance in excess of the Aleutian Islands Catcher Vessel Harvest Set-Aside would be available for harvest by all non-CDQ sectors with available A-season allocations of Pacific cod and could be processed by any eligible processor.
        • If less than 1,000 mt of the Aleutian Islands Catcher Vessel Harvest Set-Aside has been landed at Aleutian Islands shoreplants by February 28, the Bering Sea Trawl CV A-Season Sector Limitation and the Aleutian Islands Catcher Vessel Harvest Set-Aside would be suspended for the remainder of the year.
        • Either the City of Adak or the City of Atka would be required to notify NMFS each year of its intent to process Aleutian Islands Pacific cod in the upcoming year for the Aleutian Islands Catcher Vessel Harvest Set-Aside to go into effect. Regulations implementing Amendment 113 will specify the date and the method by which the City of Adak or the City of Atka must notify NMFS. If neither the City of Adak nor the City of Atka notifies NMFS by the annual deadline of its intent to process Aleutian Islands Pacific cod, the Bering Sea Trawl CV A-Season Sector Limitation and the Aleutian Islands Catcher Vessel Harvest Set-Aside for Pacific cod would not apply for the upcoming year.
        • If the entire Aleutian Islands non-CDQ Pacific cod directed fishing allowance is harvested prior to March 15, the Bering Sea Trawl CV A-Season Sector Limitation and the Aleutian Islands Catcher Vessel Harvest Set-Aside for Pacific cod would not apply for the remainder of the year.
        Finally, a section would be added to Appendix A, summarizing the main provisions of Amendment 113.
        The Council considered a range of dates, set-aside amounts, and performance requirements before adopting its preferred alternative for Amendment 113. The Council determined and NMFS agrees that the combination of measures within Amendment 113 would give Aleutian Islands Pacific cod fishery participants and Aleutian Islands shoreplants sufficient opportunity to harvest and process the set-aside for Aleutian Islands Pacific cod. The Council also determined and NMFS agrees that the notification and performance requirements would prevent stranding BSAI Pacific cod TAC and preserve opportunities for the complete harvest of the BSAI Pacific cod resource.

        NMFS is soliciting public comments on proposed Amendment 113 through the end of the comment period (see DATES). NMFS intends to publish in the Federal Register and seek public comment on a proposed rule that would implement Amendment 113, following NMFS' evaluation of the proposed rule under the Magnuson-Stevens Act. All comments received by the end of the comment period on Amendment 113, whether specifically directed to the FMP amendment or the proposed rule, will be considered in the decision to approve or disapprove Amendment 113. Comments received after that date may not be considered in the decision on Amendment 113. To be certain of consideration, comments must be received by NMFS, not just postmarked or otherwise transmitted, by the last day of the comment period.

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

          Dated: July 14, 2016.
          Emily H. Menashes,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2016-17051 Filed 7-18-16; 8:45 am]
       BILLING CODE 3510-22-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R05-OAR-2019-0216; FRL-9998-44-Region 5]
        Air Plan Approval; Ohio; Second Limited Maintenance Plans for 1997 Ozone NAAQS

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:
          Pursuant to the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the State of Ohio. On April 12, 2019, the state submitted the 1997 8-hour ozone national ambient air quality standards (NAAQS or standard) Limited Maintenance Plan (LMP) for the Canton-Massillon (Stark County), Lima (Allen County), and Toledo (Lucas and Wood Counties) areas and the Ohio portion of the Parkersburg-Marietta [OH-WV] (Washington County), Steubenville-Weirton [OH-WV] (Jefferson County), Wheeling [OH-WV] (Belmont County), and Youngstown-Warren-Sharon [OH-PA] (Columbiana, Mahoning, and Trumbull Counties) multi-state areas. EPA is proposing to approve these Ohio LMPs because they provide for the maintenance of the 1997 8-hour ozone NAAQS through the end of the second 10-year portion of the maintenance period. The effect of this action would be to make certain commitments related to maintenance of the 1997 8-hour ozone NAAQS in these areas federally enforceable as part of the Ohio SIP.

          DATES:
          Written comments must be received at the address below on or before September 18, 2019.

          ADDRESSES:

          Submit your comments, identified by Docket ID No. EPA-R05-OAR-2019-0216 at http://www.regulations.gov, or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

          FOR FURTHER INFORMATION CONTACT:

          Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6031, hatten.charles@epa.gov.

        SUPPLEMENTARY INFORMATION:
        Throughout this document, the terms “we”, “us”, and “our” refer to EPA.
        Table of Contents

          I. What action is EPA taking?
          II. What is the background for these actions?

          III. EPA's Evaluation of Ohio's SIP Submittal
          1. Attainment Emissions Inventory
          2. Maintenance Demonstration
          3. Monitoring Network and Verification of Continued Attainment
          4. Contingency Plan
          IV. Transportation Conformity
          V. Proposed Action
          VI. Statutory and Executive Order Reviews

        I. What action is EPA taking?
        Under the CAA, EPA is proposing to approve the 1997 8-hour ozone NAAQS LMPs for the Canton-Massillon (Stark County), Lima (Allen County), and Toledo (Lucas and Wood Counties) areas and the Ohio portion of the Parkersburg-Marietta [OH-WV] (Washington County), Steubenville-Weirton [OH-WV] (Jefferson County), Wheeling [OH-WV] (Belmont County), and Youngstown-Warren-Sharon [OH-PA](Columbiana, Mahoning, and Trumbull Counties) multi-state areas, submitted by Ohio on April 12, 2019. On June 15, 2004 these areas were designated as nonattainment for the 1997 8-hour ozone NAAQS. The Canton-Massillon (Stark County), Lima (Allen County), Parkersburg-Marietta (Washington County), Steubenville-Weirton (Jefferson County), and Wheeling (Belmont County) areas were redesignated to attainment of that standard on May 16, 2007 (72 FR 27647). The Toledo (Lucas and Wood Counties) and Youngstown-Warren-Sharon (Columbiana, Mahoning, and Trumbull Counties) areas were redesignated to attainment of that standard, respectively, on August 9, 2007 (72 FR 44784), and June 12, 2007 (72 FR 32190).
        These LMPs for the 1997 8-hour ozone NAAQS, submitted by Ohio, are designed to maintain the 1997 8-hour ozone NAAQS through the end of the second 10-year period of the maintenance period. EPA is proposing to approve the LMPs because they meet all applicable requirements under CAA sections 110 and 175A.
        II. What is the background for these actions?
        Ground-level ozone is formed when oxides of nitrogen (NOX) and volatile organic compounds (VOC) react in the presence of sunlight. These two pollutants, referred to as ozone precursors, are emitted by many types of pollution sources, including on-road and off-road motor vehicles and engines, power plants and industrial facilities, and smaller area sources such as lawn and garden equipment and paints. Scientific evidence indicates that adverse public health effects occur following exposure to ozone, particularly in children and adults with lung disease. Breathing air containing ozone can reduce lung function and inflame airways, which can increase respiratory symptoms and aggravate asthma or other lung diseases.
        Ozone exposure also has been associated with increased susceptibility to respiratory infections, medication use, doctor visits, and emergency department visits and hospital admissions for individuals with lung disease. Ozone exposure also increases the risk of premature death from heart or lung disease. Children are at increased risk from exposure to ozone because their lungs are still developing and they are more likely to be active outdoors, which increases their exposure.1

            1 See “Fact Sheet, Proposal to Revise the National Ambient Air Quality Standards for Ozone,” January 6, 2010 and 75 FR 2938 (January 19, 2010).

        In 1979, under section 109 of the CAA, EPA established primary and secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997, EPA revised the primary and secondary NAAQS for ozone to set the acceptable level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour period. 62 FR 38856 (July 18, 1997).2
           EPA established the 8-hour ozone NAAQS based on scientific evidence demonstrating that ozone causes adverse health effects at lower concentrations and over longer periods of time than was understood when the pre-existing 1-hour ozone NAAQS was set. EPA determined that the 1997 8-hour ozone standard would be more protective of human health, especially for children and adults who are active outdoors, and individuals with a pre-existing respiratory disease, such as asthma.

            2 In March 2008, EPA completed another review of the primary and secondary ozone standards and tightened them further by lowering the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). Additionally, in October 2015, EPA completed a review of the primary and secondary ozone standards and tightened them by lowering the level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).

        Following promulgation of a new or revised NAAQS, EPA is required by the CAA to designate areas throughout the nation as attaining or not attaining the NAAQS. On April 15, 2004, EPA designated the Ohio areas as nonattainment for the 1997 8-hour ozone NAAQS, and the designations became effective on June 15, 2004. Under the CAA, states are also required to adopt and submit SIPs to implement, maintain, and enforce the NAAQS in designated nonattainment areas and throughout the state.
        When a nonattainment area has three years of complete, certified air quality data that has been determined to attain the 1997 8-hour ozone NAAQS, and the area has met other required criteria described in section 107(d)(3)(E) of the CAA, the state can submit to EPA a request to be redesignated to attainment, referred to as a “maintenance area”.3
           One of the criteria for redesignation is to have an approved maintenance plan under CAA section 175A. The maintenance plan must demonstrate that the area will continue to maintain the standard for the period extending 10 years after redesignation and contain such additional measures as necessary to ensure maintenance and such contingency provisions as necessary to assure that violations of the standard will be promptly corrected. At the end of the eighth year after the effective date of the redesignation, the state must also submit a second maintenance plan to ensure ongoing maintenance of the standard for an additional 10 years. See CAA section 175A.

            3 Section 107(d)(3)(E) of the CAA sets out the requirements for redesignation. They include attainment of the NAAQS, full approval under section 110(k) of the applicable SIP, determination that improvement in air quality is a result of permanent and enforceable reductions in emissions, demonstration that the state has met all applicable section 110 and part D requirements, and a fully approved maintenance plan under CAA section 175A.

        EPA has published long-standing guidance for states on developing maintenance plans.4

           The Calcagni memo provides that states may generally demonstrate maintenance by either performing air quality modeling to show that the future mix of sources and emission rates will not cause a violation of the NAAQS or by showing that future emissions of a pollutant and its precursors will not exceed the level of emissions during a year when the area was attaining the NAAQS (i.e., attainment year inventory). See Calcagni memo at 9. EPA clarified in three subsequent guidance memos that certain nonattainment areas could meet the CAA section 175A requirement to provide for maintenance by demonstrating that the area's design value 5

           was well below the NAAQS and that the historical stability of the area's air quality levels showed that the area was unlikely to violate the NAAQS in the future.6
           EPA refers to this streamlined demonstration of maintenance as an LMP. EPA has interpreted CAA section 175A as permitting this option because section 175A of the CAA defines few specific content requirements for maintenance plans, and in EPA's experience implementing the various NAAQS, areas that qualify for an LMP and have approved LMPs have rarely, if ever, experienced subsequent violations of the NAAQS. As noted in the LMP guidance memoranda, states seeking an LMP must still submit the other maintenance plan elements outlined in the Calcagni memo, including: An attainment emissions inventory, provisions for the continued operation of the ambient air quality monitoring network, verification of continued attainment, and a contingency plan in the event of a future violation of the NAAQS. Moreover, states seeking an LMP must still submit their section 175A maintenance plan as a revision to their state implementation plan, with all attendant notice and comment procedures.

            4 Calcagni, John, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, “Procedures for Processing Requests to Redesignate Areas to Attainment,” September 4, 1992 (Calcagni memo).

            5 The ozone design value for a monitoring site is the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations. The design value for an ozone nonattainment area is the highest design value of any monitoring site in the area.

            6 See “Limited Maintenance Plan Option for Nonclassifiable Ozone Nonattainment Areas” from Sally L. Shaver, Office of Air Quality Planning and Standards (OAQPS), dated November 16, 1994; “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas” from Joseph Paisie, OAQPS, dated October 6, 1995; and “Limited Maintenance Plan Option for Moderate PM10 Nonattainment Areas” from Lydia Wegman, OAQPS, dated August 9, 2001.

        While the LMP guidance memoranda was originally written with respect to certain NAAQS,7
           EPA has extended the LMP interpretation of section 175A to other NAAQS and pollutants not specifically covered by the previous guidance memos.8
           In this case, EPA is proposing to approve the Ohio LMPs, because the state has made a showing, consistent with EPA's prior LMP guidance, that each of the Ohio area's ozone concentrations are well below the 1997 8-hour ozone NAAQS and have been historically stable. Ohio has submitted LMPs for the areas of Canton-Massillon (Stark County), Lima (Allen County), Toledo (Lucas and Wood Counties), and the Ohio portion of the Parkersburg-Marietta (Washington County), Steubenville-Weirton (Jefferson County), Wheeling (Belmont County), Youngstown-Warren-Sharon (Columbiana, Mahoning, and Trumbull Counties) to fulfill the second 1997 8-hour ozone NAAQS maintenance plan requirement in the CAA. Our evaluation of these 1997 8-hour ozone NAAQS LMPs is presented in section III.

            7 The prior memos addressed: Unclassifiable areas under the 1-hour ozone NAAQS, nonattainment areas for the PM10 (particulate matter with an aerodynamic diameter less than 10 microns) NAAQS, and nonattainment areas for the carbon monoxide NAAQS.

            8 See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second ten-year LMP for Grant County 1971 SO2 maintenance area).

        Under CAA section 175A(b), states must submit a revision to the first maintenance plan eight years after redesignation to provide for maintenance of the NAAQS for 10 additional years following the end of the first 10-year period. EPA's final implementation rule for the 2008 ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that one consequence of revocation was that areas that had been redesignated to attainment (i.e., maintenance areas) for the 1997 standard no longer needed to submit second 10-year maintenance plans under CAA section 175A(b).9
           In South Coast Air Quality Management District v. EPA, the D.C. Circuit vacated EPA's interpretation that, because of the revocation of the 1997 8-hour ozone standard, second maintenance plans were not required for “orphan maintenance areas,” i.e., areas that had been redesignated to attainment for the 1997 8-hour ozone NAAQS maintenance areas and were designated attainment for the 2008 ozone NAAQS. South Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these “orphan maintenance areas” under the 1997 8-hour ozone NAAQS must submit maintenance plans for the second maintenance period. Accordingly, on April 12, 2019, Ohio submitted a second maintenance plan in the form of an LMP for the areas of Canton-Massillon (Stark County), Lima (Allen County), Toledo (Lucas and Wood Counties), Parkersburg-Marietta (Washington County), Steubenville-Weirton (Jefferson County), Wheeling (Belmont County), Youngstown-Warren-Sharon (Columbiana, Mahoning and Trumbull Counties). These LMPs show that each area is expected to remain in attainment of the 1997 8-hour ozone NAAQS through the end of the last year of the second 10-year maintenance period, i.e., through the end of the full 20-year maintenance period.

            9 See 80 FR 12315 (March 6, 2015).

        III. EPA's Evaluation of Ohio's SIP Submittal
        EPA has reviewed the 1997 8-hour ozone NAAQS LMPs which are designed to maintain the 1997 8-hour ozone NAAQS within the areas of Canton-Massillon (Stark County, OH), Lima (Allen County, OH), Toledo (Lucas and Wood Counties, OH), and the Ohio portion in the areas of Parkersburg-Marietta (Washington County), Steubenville-Weirton (Jefferson County), Wheeling (Belmont County), Youngstown-Warren-Sharon (Columbiana, Mahoning and Trumbull Counties) through the end of the 20-year maintenance period beyond redesignation, as required under CAA section 175A(b). The following is a summary of EPA's interpretation of the requirements 10
           and EPA's evaluation of how each requirement is met.

            10 See Calcagni memo.

        1. Attainment Emissions Inventory

        For maintenance plans, a state should develop a comprehensive, accurate inventory of actual emissions for an attainment year to identify the level of emissions which is sufficient to maintain the NAAQS. A state should develop this inventory consistent with EPA's most recent guidance on emissions inventory development. For ozone, the inventory should be based on typical summer day emissions of VOCs and NOX, as these pollutants are precursors to ozone formation. The Ohio LMP's ozone attainment inventories reflect typical summer day emissions in 2014. Table 1 presents a summary of the inventories for 2014 contained in the maintenance plans.

          Table 1—Typical 2014 Summer Day VOC and NOX Emissions
          [Tons/day]

            Area
            Source category
            VOCemissions

            NOX
              emissions

            Canton-Massillon (OH)
            Nonroad
            6.46
            4.74

            Onroad
            7.59
            12.66

            Point
            2.87
            3.81

            Area
            14.85
            3.31

            Total Area
            31.77
            24.52

            Lima (OH)
            Nonroad
            1.35
            1.57

            Onroad
            2.29
            4.46

            Point
            5.08
            7.62

            Area
            4.55
            1.03

            Total Area
            13.27
            14.68

            Parkersburg-Marietta (OH-WV)
            Nonroad
            2.82
            1.55

            Onroad
            4.00
            7.71

            Point
            2.84
            16.81

            Area
            8.29
            6.21

            Total Area
            17.95
            32.28

            Steubenville-Weirton (OH-WV)
            Nonroad
            2.07
            1.09

            Onroad
            2.31
            3.84

            Point
            2.13
            37.54

            Area
            15.76
            4.53

            Total Area
            22.27
            47.00

            Toledo (OH)
            Nonroad
            8.70
            8.41

            Onroad
            11.51
            22.62

            Point
            7.37
            12.48

            Area
            21.19
            9.37

            Total Area
            48.77
            52.88

            Wheeling (OH-WV)
            Nonroad
            2.69
            1.26

            Onroad
            4.36
            8.50

            Point
            1.25
            24.68

            Area
            27.64
            5.97

            Total Area
            35.94
            40.41

            Youngstown-Warren-Sharon (OH-PA)
            Nonroad
            9.71
            6.68

            Onroad
            13.33
            27.92

            Point
            5.01
            7.07

            Area
            40.73
            10.53

            Total Area
            68.78
            52.20

        Ohio used 2014 summer day emissions from “the EPA 2014 version 7.0” modeling platform as the basis for the attainment inventory. These data are based on the most recently available National Emissions Inventory (2014 NEI version 2).

        Based on our review of the methods, models, and assumptions used by Ohio to develop the VOC and NOX estimates, we propose to find that the Ohio 1997 8-hour ozone NAAQS LMP areas include a comprehensive, reasonably accurate inventory of actual ozone precursor emissions in attainment year 2014, and propose to conclude that the plan's inventory is acceptable for the purposes of a subsequent maintenance plan under CAA section 175A(b).
        2. Maintenance Demonstration
        The maintenance plan demonstration requirement is considered to be satisfied in a LMP if the state can provide sufficient weight of evidence indicating that air quality in the area is well below the level of the standard, that past air quality trends have been shown to be stable, and that the probability of the area experiencing a violation over the second 10-year maintenance period is low.11
           These criteria are evaluated below with regard to the Ohio areas.

            11 “Limited Maintenance Plan Option for Nonclassifiable Ozone Nonattainment Areas” from Sally L. Shaver, Office of Air Quality Planning and Standards (OAQPS), dated November 16, 1994; “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas” from Joseph Paisie, OAQPS, dated October 6, 1995; and “Limited Maintenance Plan Option for Moderate PM10 Nonattainment Areas” from Lydia Wegman, OAQPS, dated August 9, 2001.

        a. Evaluation of Ozone Air Quality Levels

        To attain the 1997 8-hour ozone NAAQS, the three-year average of the fourth-highest daily maximum 8-hour average ozone concentrations (design value) at each monitor within an area must not exceed 0.08 ppm. Based on the rounding convention described in 40 CFR part 50, appendix I, the standard is attained if the design value is 0.084 ppm or below. Consistent with prior guidance, EPA believes that if the most recent air quality design value for the area is at a level that is well below the NAAQS (e.g., below 85% of the standard, or in this case below 0.071 ppm), then EPA considers the state to have met the section 175A requirement for a demonstration that the area will maintain the NAAQS for the requisite period. Such a demonstration assumes continued applicability of Prevention of Significant Deterioration requirements, any control measures already in the SIP, and Federal measures will remain in place through the end of the second 10-year maintenance period, absent a showing consistent with section 110(l) that such measures are not necessary to assure maintenance.

        Table 2 presents the design values for each monitor site in the subject areas over the 2015-2017 period. For the multi-state areas that Ohio is addressing, Table 2 includes all applicable monitors in the area, including monitors located in other states' portions of the area, to address whether the entire area is at or below 85 percent of the NAAQS. These monitoring sites have been well below the level of the 1997 8-hour ozone NAAQS over the entire first 10-year maintenance period. As shown below, the most current design value for all sites continues to be below the level of 85% of the NAAQS, consistent with prior LMP guidance.

          Table 2—1997 8-Hour Ozone NAAQS Design Values
          [Part per million]

            Area
            County
            AQS site ID
            Design value(DV)
              2016-2018

            DV <0.071 ppmeligible LMP

            Canton-Massillon (OH)
            Stark
            39-151-0016
            0.069
            Yes.

            Canton-Massillon (OH)
            Stark
            39-151-0022
            0.066
            Yes.

            Canton-Massillon (OH)
            Stark
            39-151-4005
            0.068
            Yes.

            Lima (OH)
            Allen
            39-003-0009
            0.067
            Yes.

            Parkersburg-Marietta (OH-WV)
            Washington
            39-167-0004
            0.064
            Yes.

            Parkersburg-Marietta (OH-WV)
            Wood (WV)
            54-107-10021
            0.065
            Yes.

            Steubenville-Weirton (OH-WV)
            Jefferson
            39-081-0017
            0.062
            Yes.

            Steubenville-Weirton (OH-WV)
            Hancock (WV)
            54-029-0009
            0.066
            Yes.

            Toledo (OH)
            Lucas
            39-095-0024
            0.066
            Yes.

            Toledo (OH)
            Lucas
            39-095-0027
            0.064
            Yes.

            Toledo (OH)
            Wood
            39-173-0003
            0.064
            Yes.

            Wheeling (OH-WV)
            Belmont
            54-069-0010
            0.067
            Yes.

            Youngstown-Warren-Sharon (OH-PA)
            Mahoning
            39-099-0013
            0.059
            Yes.

            Youngstown-Warren-Sharon (OH-PA)
            Trumbull
            39-155-0011
            0.068
            Yes.

            Youngstown-Warren-Sharon (OH-PA)
            Trumbull
            39-155-0013
            0.066
            Yes.

            Youngstown-Warren-Sharon (OH-PA)
            Mercer (PA)
            42-085-0100
            0.068
            Yes.

            Youngstown-Warren-Sharon (OH-PA)
            Mercer (PA)
            42-085-9991
            0.065
            Yes.

        Therefore, the areas of Canton-Massillon (Stark County, OH), Lima (Allen County, OH), Toledo (Lucas and Wood counties of OH), and the portions of Ohio within Parkersburg-Marietta OH-WV (Washington County), Steubenville-Weirton OH-WV (Jefferson County), Wheeling OH-WV (Belmont County), and Youngstown-Warren-Sharon OH-PA(Columbiana, Mahoning and Trumbull Counties) multi-states areas are eligible for the LMP option, and we propose to find that the long record of monitored ozone concentrations that attain the NAAQS, together with the continuation of existing VOC and NOX emissions control programs, adequately provide for the maintenance of the 1997 8-hour ozone NAAQS in the areas through the second 10-year maintenance period and beyond.
        3. Monitoring Network and Verification of Continued Attainment
        EPA periodically reviews the ozone monitoring network that Ohio operates and maintains, in accordance with 40 CFR part 58. This network is consistent with the ambient air monitoring network assessment and plan developed by Ohio that is submitted annually to EPA and that follows a public notification and review process. Ohio has committed to continue to maintain a network in accordance with EPA requirements.
        4. Contingency Plan
        The contingency plan provisions are designed to promptly correct or prevent a violation of the NAAQS that might occur after redesignation of an area to attainment. Section 175A of the CAA requires that a maintenance plan include such contingency measures as EPA deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation. The maintenance plan should identify the contingency measures to be adopted, a schedule and procedure for adoption and implementation of the contingency measures, and a time limit for action by the state. The state should also identify specific indicators to be used to determine when the contingency measures need to be adopted and implemented. The maintenance plan must include a requirement that the state will implement all pollution control measures that were contained in the SIP before redesignation of the area to attainment. See section 175A(d) of the CAA.
        Ohio's contingency plan defines a warning level and action level response. A warning level shall be prompted whenever an annual fourth high monitored value of 0.088 ppm occurs in a single ozone season within the maintenance area. The action level response shall be prompted whenever a two year average fourth high monitored value of 84 ppb or greater occurs within the maintenance area. A violation of the standard (three year average fourth high monitored value of 84 ppb or greater occurs within the maintenance area) shall prompt an action level response. In the event that the action level is triggered and is not due to an exceptional event, malfunction, or noncompliance with a permit condition or rule requirement, Ohio will determine additional control measures needed to assure future attainment of NAAQS for ozone. In this case, measures that can be implemented in a short time will be selected in order to be in place within eighteen 18 months from the close of the ozone season that prompted the action level.

        Contingency measures to be considered will be selected from a comprehensive list of measures deemed appropriate and effective at the time the selection is made. Listed below are example measures that may be considered. The selection of measures will be based upon cost-effectiveness, emission reduction potential, economic and social considerations or other factors that Ohio deems appropriate. Ohio will solicit input from all interested and affected persons in the maintenance area prior to selecting appropriate contingency measures. The listed contingency measures are potentially effective or proven methods of obtaining significant reductions of ozone precursor emissions. Because it is not possible at this time to determine what control measure will be appropriate at an unspecified time in the future, the list of contingency measures outlined below is not exhaustive. Ohio anticipates that only a few of these measures will be required.
        (1) Tighten reasonably available control technology (RACT) on existing sources covered by EPA's Control Technique Guidelines issued in response to the 1990 CAA Amendments.
        (2) Apply RACT requirements to smaller existing sources.
        (3) Require one or more transportation control measures sufficient to achieve at least 0.5% reduction in actual area wide VOC emissions. Transportation measures will be selected from the following, based upon the factors listed above after consultation with affected local governments:
        (a) Trip reduction programs, including, but not limited to, employer-based transportation management plans, area wide rideshare programs, work schedule changes, and telecommuting.
        (b) Transit improvements.
        (c) Traffic flow improvements.
        (d) Other new or innovative transportation measures not yet in widespread use that affects state and local governments deemed appropriate.
        (4) Apply alternative fuel and diesel retrofit programs for fleet vehicle operations.
        (5) Require VOC or NOX emission offsets for new and modified major sources.
        (6) Require VOC or NOX emission offsets for new and modified minor sources.
        (7) Adopt NOX RACT requirements for existing combustion sources.
        (8) Apply high volume, low pressure coating application requirements for autobody facilities.
        (9) Apply requirements for cold cleaner degreaser operations (low vapor pressure solvents).
        EPA proposes to find that Ohio's contingency measures, as well as the commitment to continue implementing any SIP requirements, satisfy the pertinent requirements of CAA section 175A.
        IV. Transportation Conformity
        Transportation conformity is required by section 176(c) of the CAA. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's conformity rule at 40 CFR part 93 requires that transportation plans, programs and projects conform to SIPs and establish the criteria and procedures for determining whether or not they conform. The conformity rule generally requires a demonstration that emissions from the Regional Transportation Plan (RTP) and the Transportation Improvement Program (TIP) are consistent with the motor vehicle emissions budget (MVEB) contained in the control strategy SIP revision or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as “that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions (40 CFR 93.101).
        Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis (40 CFR 93.109(e)).
        However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs and projects. Specifically, for such determinations, RTPs, TIPs and transportation projects still will have to demonstrate that they are fiscally constrained (40 CFR 93.108), meet the criteria for consultation (40 CFR 93.105) and Transportation Control Measure (TCM) implementation in the conformity rule provisions (40 CFR 93.112 and 40 CFR 93.113, respectively). Additionally, conformity determinations for RTPs and TIPs must be determined no less frequently than every four years, and conformity of plan and TIP amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR 93.104. In addition, for projects to be approved they must come from a currently conforming RTP and TIP (40 CFR 93.114 and 93.115).
        V. Proposed Action
        Under sections 110(k) and 175A of the CAA, for the reasons set forth above, EPA is proposing to approve the LMPs for Canton-Massillon (Stark County), Lima (Allen County), Toledo (Lucas and Wood Counties) areas, and the Ohio portion of the Parkersburg-Marietta (Washington County), Steubenville-Weirton (Jefferson County), Wheeling (Belmont County), Youngstown-Warren-Sharon (Columbiana, Mahoning, and Trumbull Counties) multi-state areas for the 1997 8-hour ozone NAAQS. These LMPs were submitted by Ohio on April 12, 2019, as a revision to the Ohio SIP. We find that the 1997 8-hour ozone NAAQS LMPs are sufficient to provide for maintenance of the 1997 8-hour ozone NAAQS in these areas through the second 10-year portion of the maintenance period.
        VI. Statutory and Executive Order Reviews
        Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
        • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
        • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because it is not a significant regulatory action under Executive Order 12866;

        • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

        • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
        • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
        • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
        • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
        • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
        • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

        • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).
        In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Volatile organic compounds.

          Dated: August 6, 2019.
          Cathy Stepp,
          Regional Administrator, Region 5.

      [FR Doc. 2019-17669 Filed 8-16-19; 8:45 am]
       BILLING CODE 6560-50-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 300
        [EPA-HQ-SFUND-1983-0002; FRL-9936-88-Region 8]
        National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the California Gulch Superfund Site

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule; notice of intent.

          SUMMARY:
          The Environmental Protection Agency (EPA) Region 8 is issuing a Notice of Intent to Delete the Operable Unit 1 (OU1) Yak Tunnel/Water Treatment Plant; and Operable Unit 3 (OU3), Denver & Rio Grande Western Railroad Company (D&RGW) Slag Piles/Railroad Easement/Railroad Yard, of the California Gulch Superfund Site (Site), located in Lake County, Colorado, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Colorado, through the Colorado Department of Public Health and the Environment, have determined that all appropriate response actions at OU1 and OU3 under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

          DATES:
          Comments must be received by March 10, 2016.

          ADDRESSES:

          Submit your comments, identified by Docket ID no. EPA-HQ-SFUND-1983-0002, by mail to Linda Kiefer, Remedial Project Manager, Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register.

          FOR FURTHER INFORMATION CONTACT:

          Linda Kiefer, Remedial Project Manager, Environmental Protection Agency, Region 8, Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-6689, email: kiefer.linda@epa.gov.

        SUPPLEMENTARY INFORMATION:
        In the “Rules and Regulations” Section of today's Federal Register, we are publishing a direct final Notice of Partial Deletion for all of OU1 and OU3 of the California Gulch Superfund Site without prior Notice of Intent for Partial Deletion because EPA views this as a noncontroversial revision and anticipates no adverse comment. We have explained our reasons for this partial deletion in the preamble to the direct final Notice of Partial Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this partial deletion action, we will not take further action on this Notice of Intent for Partial Deletion. If we receive adverse comment(s), we will withdraw the direct final Notice of Partial Deletion and it will not take effect. We will, as appropriate, address all public comments in a subsequent final Notice of Partial Deletion based on this Notice of Intent for Partial Deletion. We will not institute a second comment period on this Notice of Intent for Partial Deletion. Any parties interested in commenting must do so at this time.

        For additional information, see the direct final Notice of Partial Deletion which is located in the Rules section of this Federal Register.
        This partial deletion pertains to all of OU1 and OU3. Operable Unit 2 (OU2), Malta Gulch Tailing Impoundments and Lower Malta Gulch Fluvial Tailing; Operable Unit 4 (OU4) Upper California Gulch; Operable Unit 5 (OU5), ASARCO Smelters/Slag/Mill Sites; Operable Unit 7 (OU7), Apache Tailing Impoundment; Operable Unit 8 (OU8), Lower California Gulch; Operable Unit 9 (OU9), Residential Populated Areas; and Operable Unit 10 (OU10), Oregon Gulch, were previously deleted from the NPL. Operable Unit 6 (OU6), Starr Ditch/Stray Horse Gulch/Lower Evans Gulch/Penrose Mine Waste Pile; Operable Unit 11 (OU11), Arkansas River Floodplain; and Operable Unit 12 (OU12), Site-wide Surface and Groundwater Quality, are not being considered for deletion as part of this action and will remain on the NPL.

          List of Subjects in 40 CFR Part 300
          Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.

          Authority:
           33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p.306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193.

          Dated: January 15, 2016.
          Shaun L. McGrath,
          Regional Administrator, Region 8.

      [FR Doc. 2016-02599 Filed 2-8-16; 8:45 am]
       BILLING CODE 6560-50-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 20
        [AU Docket No. 14-252, GN Docket No. 12-268, WT Docket No. 12-269; MB Docket No. 15-146, Report No. 3033]
        Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Petitions for reconsideration and clarification.

          SUMMARY:
          Petitions for Reconsideration and Clarification (Petitions) have been filed in the Commission's rulemaking proceeding by: Rick Kaplan, on behalf of the National Association of Broadcasters (two petitions) and D. Cary Mitchell, on behalf of the Blooston Rural Carriers.

          DATES:
          Oppositions to the Petitions must be filed on or before December 16, 2015. Replies to an opposition must be filed on or before December 28, 2015.

          ADDRESSES:
          Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

          FOR FURTHER INFORMATION CONTACT:

          Mark Montano, Wireless Telecommunications Bureau, (202) 418-0691, email: mark.montano@fcc.gov.

        SUPPLEMENTARY INFORMATION:

        This is a summary of Commission's document, Report No. 3033, released November 24, 2015. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554 or may be accessed online via the Commission's Electronic Comment Filing System at http://apps.fcc.gov/ecfs/. The Commission will not send a copy of this Public Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Public Notice does not have an impact on any rules of particular applicability.

          Subject: Broadcast Auction Scheduled to Begin March 29, 2016; Procedures for Competitive Bidding in Auction 1000, Including Initial Clearing Target Determination, Qualifying to Bid, and Bidding in Auctions 1001 (Reverse) and 1002 (Forward), published at 80 FR 61918, October 14, 2015, in AU Docket No. 14-252, GN Docket No. 12-268, WT Docket No. 12-269, MB Docket No. 15-146, Public Notice, and FCC 15-78. This Public Notice is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1).

          Number of Petitions Filed: 3.

          Federal Communications Commission.
          Gloria J. Miles,
          Federal Register Liaison Officer. Office of the Secretary.

      [FR Doc. 2015-30477 Filed 11-30-15; 8:45 am]
      BILLING CODE 6712-01-P