Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 5061-5062 [05-1802]
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Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations
corrects a typographical error to the
existing transportation equipment
cleaning effluent limitations guidelines.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (see 62 FR
19885, April 23, 1997) applies to any
rule that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866; and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
affect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This direct final rule is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’
(see 66 FR 28355 (May 22, 2001))
because it is not a significant regulatory
action under Executive Order 12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
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16:45 Jan 31, 2005
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explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 requires that,
to the greatest extent practicable and
permitted by law, each Federal agency
must make achieving environmental
justice part of its mission. Executive
Order 12898 requires that each Federal
agency conduct its programs, policies,
and activities that substantially affect
human health or the environment in a
manner that ensures that such programs,
policies, and activities do not exclude
persons (including populations) from
participation in, deny persons
(including populations) the benefits of,
or subject persons (including
populations) to discrimination under,
such programs, policies, and activities
because of their race, color, or national
origin.
Since this action does not establish
any new regulatory requirements but
merely corrects a typographical error to
the existing transportation equipment
cleaning effluent guidelines, there are
no environmental justice implications of
today’s action.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective on May 2, 2005.
List of Subjects in 40 CFR Part 442
Environmental protection, Barge
cleaning, Rail tank cleaning, Tank
cleaning, Transportation equipment
cleaning, Waste treatment and disposal,
Water pollution control.
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5061
Dated: January 26, 2005.
Stephen L. Johnson,
Deputy Administrator.
I
40 CFR part 442 is amended as follows:
PART 442—AMENDED
1. The authority citation for part 442
continues to read as follows:
I
Authority: 33 U.S.C. 1311, 1314, 1316,
1317, 1318, 1342 and 1361.
2. Section 442.16 is amended by
revising paragraph (b) introductory text
to read as follows:
I
§ 442.16 Pretreatment standards for new
sources (PSNS).
*
*
*
*
*
(b) As an alternative to achieving
PSNS as defined in paragraph (a) of this
section, any new source subject to
paragraph (a) of this section may have
a pollution prevention allowable
discharge of wastewater pollutants, as
defined in § 442.2, if the source agrees
to a control mechanism with the control
authority as follows:
*
*
*
*
*
[FR Doc. 05–1862 Filed 1–31–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02; I.D.
012105B]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
SUMMARY: NMFS closes the commercial
run-around gillnet fishery for king
mackerel in the exclusive economic
zone (EEZ) in the southern Florida west
coast subzone. This closure is necessary
to protect the Gulf king mackerel
resource.
The closure is effective 6 a.m.,
local time, Friday, January 28, 2005,
through 6 a.m., January 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–570–
5305, fax: 727–570–5583, e-mail:
Steve.Branstetter@noaa.gov.
DATES:
E:\FR\FM\01FER1.SGM
01FER1
5062
Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and bluefish) is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Based on the Councils’ recommended
total allowable catch and the allocation
ratios in the FMP, on April 30, 2001 (66
FR 17368, March 30, 2001) NMFS
implemented a commercial quota of
2.25 million lb (1.02 million kg) for the
eastern zone (Florida) of the Gulf
migratory group of king mackerel. That
quota is further divided into separate
quotas for the Florida east coast subzone
and the northern and southern Florida
west coast subzones. On April 27, 2000,
NMFS implemented the final rule (65
FR 16336, March 28, 2000) that divided
the Florida west coast subzone of the
eastern zone into northern and southern
subzones, and established their separate
quotas. The quota implemented for the
southern Florida west coast subzone is
1,040,625 lb (472,020 kg). That quota is
further divided into two equal quotas of
520,312 lb (236,010 kg) for vessels in
each of two groups fishing with runaround gillnets and hook-and-line gear
(50 CFR 622.42(c)(1)(i)(A)(2)(i)).
Under 50 CFR 622.43(a)(3), NMFS is
required to close any segment of the
king mackerel commercial fishery when
its quota has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register for public inspection. NMFS
has determined that the commercial
quota of 520,312 lb (236,010 kg) for Gulf
group king mackerel for vessels using
run-around gillnet gear in the southern
Florida west coast subzone was reached
on Thursday, January 27, 2005.
Accordingly, the commercial fishery for
king mackerel for such vessels in the
southern Florida west coast subzone is
closed at 6 a.m., local time, Friday,
January 28, 2005, through 6 a.m.,
January 17, 2006, the beginning of the
next fishing season, i.e., the day after
the 2006 Martin Luther King Jr. Federal
holiday.
The Florida west coast subzone is that
part of the eastern zone south and west
of 25°20.4′ N. lat. (a line directly east
from the Miami-Dade County, FL,
SUPPLEMENTARY INFORMATION:
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16:45 Jan 31, 2005
Jkt 205001
boundary). The Florida west coast
subzone is further divided into northern
and southern subzones. The southern
subzone is that part of the Florida west
coast subzone which from November 1
through March 31 extends south and
west from 25°20.4′ N. lat. to 26°19.8′ N.
lat.(a line directly west from the Lee/
Collier County, FL, boundary), i.e., the
area off Collier and Monroe Counties.
From April 1 through October 31, the
southern subzone is that part of the
Florida west coast subzone which is
between 26°19.8′ N. lat. and 25°48′ N.
lat.(a line directly west from the
Monroe/Collier County, FL, boundary),
i.e., the area off Collier County.
DEPARTMENT OF COMMERCE
Classification
SUMMARY: NMFS is prohibiting directed
fishing for pollock in Statistical Area
630 of the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the first seasonal allowance of the
pollock interim total allowable catch
(TAC) for Statistical Area 630 of the
GOA.
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B), as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself
already has been subject to notice and
comment, and all that remains is to
notify the public of the closure.
Allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
immediately implement this action in
order to protect the fishery since the
capacity of the fishing fleet allows for
rapid harvest of the quota. Prior notice
and opportunity for public comment
will require time and would potentially
result in a harvest well in excess of the
established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30 day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 27, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–1802 Filed 1–27–05; 1:47 pm]
BILLING CODE 3510–22–S
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National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041202339–4339–01; I.D.
012705A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Closure.
AGENCY:
Effective 1200 hrs, Alaska local
time (A.l.t.), January 29, 2005, until
superseded by the notice of 2005 and
2006 final harvest specifications of
groundfish for the GOA, which will be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The first seasonal allowance of the
pollock interim TAC for Statistical Area
630 of the GOA is 3,091 metric tons (mt)
as established by the interim harvest
specifications for groundfish of the GOA
(69 FR 74455, December 14, 2004).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the first seasonal
allowance of the pollock interim TAC in
Statistical Area 630 will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 2,891 mt, and is
setting aside the remaining 200 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
DATES:
E:\FR\FM\01FER1.SGM
01FER1
Agencies
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Rules and Regulations]
[Pages 5061-5062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1802]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 012105B]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the commercial run-around gillnet fishery for king
mackerel in the exclusive economic zone (EEZ) in the southern Florida
west coast subzone. This closure is necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective 6 a.m., local time, Friday, January 28,
2005, through 6 a.m., January 17, 2006.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: Steve.Branstetter@noaa.gov.
[[Page 5062]]
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and,
in the Gulf of Mexico only, dolphin and bluefish) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
Based on the Councils' recommended total allowable catch and the
allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30,
2001) NMFS implemented a commercial quota of 2.25 million lb (1.02
million kg) for the eastern zone (Florida) of the Gulf migratory group
of king mackerel. That quota is further divided into separate quotas
for the Florida east coast subzone and the northern and southern
Florida west coast subzones. On April 27, 2000, NMFS implemented the
final rule (65 FR 16336, March 28, 2000) that divided the Florida west
coast subzone of the eastern zone into northern and southern subzones,
and established their separate quotas. The quota implemented for the
southern Florida west coast subzone is 1,040,625 lb (472,020 kg). That
quota is further divided into two equal quotas of 520,312 lb (236,010
kg) for vessels in each of two groups fishing with run-around gillnets
and hook-and-line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)).
Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of
the king mackerel commercial fishery when its quota has been reached,
or is projected to be reached, by filing a notification at the Office
of the Federal Register for public inspection. NMFS has determined that
the commercial quota of 520,312 lb (236,010 kg) for Gulf group king
mackerel for vessels using run-around gillnet gear in the southern
Florida west coast subzone was reached on Thursday, January 27, 2005.
Accordingly, the commercial fishery for king mackerel for such vessels
in the southern Florida west coast subzone is closed at 6 a.m., local
time, Friday, January 28, 2005, through 6 a.m., January 17, 2006, the
beginning of the next fishing season, i.e., the day after the 2006
Martin Luther King Jr. Federal holiday.
The Florida west coast subzone is that part of the eastern zone
south and west of 25[deg]20.4' N. lat. (a line directly east from the
Miami-Dade County, FL, boundary). The Florida west coast subzone is
further divided into northern and southern subzones. The southern
subzone is that part of the Florida west coast subzone which from
November 1 through March 31 extends south and west from 25[deg]20.4' N.
lat. to 26[deg]19.8' N. lat.(a line directly west from the Lee/Collier
County, FL, boundary), i.e., the area off Collier and Monroe Counties.
From April 1 through October 31, the southern subzone is that part of
the Florida west coast subzone which is between 26[deg]19.8' N. lat.
and 25[deg]48' N. lat.(a line directly west from the Monroe/Collier
County, FL, boundary), i.e., the area off Collier County.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity for
public comment is unnecessary and contrary to the public interest. Such
procedures would be unnecessary because the rule itself already has
been subject to notice and comment, and all that remains is to notify
the public of the closure. Allowing prior notice and opportunity for
public comment is contrary to the public interest because of the need
to immediately implement this action in order to protect the fishery
since the capacity of the fishing fleet allows for rapid harvest of the
quota. Prior notice and opportunity for public comment will require
time and would potentially result in a harvest well in excess of the
established quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30 day delay in effectiveness of this action under 5 U.S.C.
553(d)(3).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 27, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-1802 Filed 1-27-05; 1:47 pm]
BILLING CODE 3510-22-S