Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Plaice in the Bering Sea and Aleutian Islands Management Area, 24992-24993 [05-9515]
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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Rules and Regulations
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a State rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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.
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13:22 May 11, 2005
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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. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 11, 2005.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental regulations,
Reporting and recordkeeping
requirements.
Dated: April 20, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
(A) Kaiser Aluminum and Chemical
Corporation Administrative Order No.
DE 01AQIS–3285 dated October 24,
2001, and Kaiser Aluminum and
Chemical Corporation Administrative
Order No. DE 01AQIS–3285,
Amendment #1 dated April 9, 2003.
(B) Washington Administrative Code
173–422–031, ‘‘Vehicle emission
inspection schedules,’’ and Washington
Administrative Code 173–422–170,
‘‘Exemptions,’’ as effective 12/2/2000.
(ii) Additional material.
A Plan for Attaining Carbon
Monoxide National Ambient Air Quality
Standards in the Spokane Serious
Nonattainment Area, adopted
September 19, 2001, and November 17,
2004.
I 3. Paragraph (a) (2) of § 52.2475 is
revised to read as follows:
§ 52.2475
Approval of plans.
(a) * * *
(2) Spokane.
(i) EPA approves as a revision to the
Washington State Implementation Plan,
A Plan for Attaining Carbon Monoxide
National Ambient Air Quality Standards
in the Spokane Serious Nonattainment
Area submitted by the Washington
Department of Ecology on September
20, 2001 and November 22, 2004.
(ii) [Reserved]
*
*
*
*
*
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
[FR Doc. 05–9400 Filed 5–11–05; 8:45 am]
PART 52—[AMENDED]
DEPARTMENT OF COMMERCE
1. The authority citation for Part 52
continues to read as follows:
National Oceanic and Atmospheric
Administration
I
I
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Section 52.2470 is amended by
adding paragraph (c)(87) to read as
follows:
I
§ 52.2470
Identification of plan
*
*
*
*
*
(c) * * *
(87) On September 20, 2001, and
November 22, 2004, the Washington
State Department of Ecology submitted
revisions to the Washington State
Implementation Plan consisting of A
Plan for Attaining Carbon Monoxide
National Ambient Air Quality Standards
in the Spokane Serious Nonattainment
Area. On September 26, 2001, the
Washington State Department of
Ecology submitted minor revisions to
the Washington State Inspection and
Maintenance Program.
(i) Incorporation by reference.
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BILLING CODE 6560–50–P
50 CFR Part 679
[Docket No. 041126332–5039–02; I.D.
050605D]
Fisheries of the Exclusive Economic
Zone Off Alaska; Alaska Plaice in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Prohibition of retention.
AGENCY:
SUMMARY: NMFS is prohibiting retention
of Alaska plaice in the Bering Sea and
Aleutian Islands management area
(BSAI). NMFS is requiring that catch of
Alaska plaice in this area be treated in
the same manner as prohibited species
and discarded at sea with a minimum of
injury. This action is necessary because
the 2005 total allowable catch (TAC) of
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Federal Register / Vol. 70, No. 91 / Thursday, May 12, 2005 / Rules and Regulations
Alaska plaice in the BSAI has been
reached.
Effective 1200 hrs, Alaska local
time (A.l.t.), May 9, 2005, until 2400
hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Area (FMP)
prepared by the North Pacific Fishery
Management Council under authority of
the Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2005 TAC of Alaska plaice in the
BSAI was established as 6,800 metric
DATES:
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tons by the 2005 and 2006 final harvest
specifications for groundfish in the
BSAI (70 FR 8979, February 24, 2005).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS,
has determined that the Alaska plaice
TAC in the BSAI has been reached.
Therefore, NMFS is requiring that
further catches of Alaska plaice in the
BSAI be treated as a prohibited species
in accordance with § 679.21(b).
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 a requirement
is impracticable and contrary to the
public interest. This requirement is
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24993
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the prohibition of retention of
Alaska plaice in the BSAI.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 6, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–9515 Filed 5–9–05; 2:18 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Rules and Regulations]
[Pages 24992-24993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9515]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 041126332-5039-02; I.D. 050605D]
Fisheries of the Exclusive Economic Zone Off Alaska; Alaska
Plaice in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Prohibition of retention.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting retention of Alaska plaice in the Bering
Sea and Aleutian Islands management area (BSAI). NMFS is requiring that
catch of Alaska plaice in this area be treated in the same manner as
prohibited species and discarded at sea with a minimum of injury. This
action is necessary because the 2005 total allowable catch (TAC) of
[[Page 24993]]
Alaska plaice in the BSAI has been reached.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 9, 2005,
until 2400 hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Area (FMP)
prepared by the North Pacific Fishery Management Council under
authority of the Magnuson-Stevens Fishery Conservation and Management
Act. Regulations governing fishing by U.S. vessels in accordance with
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2005 TAC of Alaska plaice in the BSAI was established as 6,800
metric tons by the 2005 and 2006 final harvest specifications for
groundfish in the BSAI (70 FR 8979, February 24, 2005).
In accordance with Sec. 679.20(d)(2), the Administrator, Alaska
Region, NMFS, has determined that the Alaska plaice TAC in the BSAI has
been reached. Therefore, NMFS is requiring that further catches of
Alaska plaice in the BSAI be treated as a prohibited species in
accordance with Sec. 679.21(b).
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 a requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay the prohibition of retention of Alaska plaice in the BSAI.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 6, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-9515 Filed 5-9-05; 2:18 pm]
BILLING CODE 3510-22-S
