Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 43644-43645 [05-14950]

Download as PDF 43644 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Rules and Regulations that it performs or is required to perform, and each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect. * * * * * (f) No person may transport a hazardous material in commerce unless the hazardous material is transported in accordance with applicable requirements of this subchapter, or an exemption, approval, or registration issued under this subchapter or subchapter A of this chapter. Each carrier who transports a hazardous material in commerce may rely on information provided by the offeror of the hazardous material or a prior carrier, unless the carrier knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the offeror or prior carrier is incorrect. * * * * * I 3. In § 171.8, add a definition for ‘‘person who offers or offeror’’ in appropriate alphabetical order, to read as follows: § 171.8 Definitions and abbreviations. Person who offers or offeror means: (1) Any person who does either or both of the following: (i) Performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce. (ii) Tenders or makes the hazardous material available to a carrier for transportation in commerce. (2) A carrier is not an offeror when it performs a function required by this subchapter as a condition of acceptance of a hazardous material for transportation in commerce (e.g., reviewing shipping papers, examining packages to ensure that they are in conformance with this subchapter, or preparing shipping documentation for its own use) or when it transfers a hazardous material to another carrier for continued transportation in commerce without performing a pre-transportation function. * * * * * Issued in Washington, DC on July 21, 2005, under authority delegated in 49 CFR part 1. Brigham A. McCown, Deputy Administrator. [FR Doc. 05–14912 Filed 7–27–05; 8:45 am] BILLING CODE 4910–60–P VerDate jul<14>2003 14:10 Jul 27, 2005 Jkt 205001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 072105A] Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. AGENCY: SUMMARY: NMFS apportions amounts of the non-specified reserve of groundfish to the yellowfin sole initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI. DATES: Effective July 28, 2005, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2005. Comments must be received at the following address no later than 4:30 p.m., A.l.t., August 9, 2005. Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, AK; • Fax to 907–586–7557; • E-mail to bsairelys@noaa.gov and include in the subject line of the e-mail comment the document identifier: bsairelys; or • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the Instructions at that site for submitting comments. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. 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 Management Area (FMP) prepared by the North Pacific Fishery Management Council under SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 ITAC of yellowfin sole in the BSAI was established as 77,083 metric tons by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005). The Administrator, Alaska Region, NMFS, has determined that the ITAC for yellowfin sole in the BSAI needs to be supplemented from the nonspecified reserve in order to continue operations. Therefore, in accordance with § 679.20(b)(3), NMFS apportions 6,800 metric tons from the non-specified reserve of groundfish to the yellowfin sole ITAC in the BSAI. This apportionment is consistent with § 679.20(b)(1)(ii) and does not result in overfishing of a target species because the revised ITAC is equal to or less than the specification of the acceptable biological catch (70 FR 8979, February 24, 2005). 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) and § 679.20(b)(3)(iii)(A) 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 apportionment of the non-specified reserves of groundfish to the yellowfin sole fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 9, 2005. 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. Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until August 9, 2005. This action is required by 50 CFR 679.20 and is exempt from review under Executive Order 12866. E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 70, No. 144 / Thursday, July 28, 2005 / Rules and Regulations Authority: 16 U.S.C. 1801, et seq. Dated: July 22, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–14950 Filed 7–25–05; 1:28 pm] BILLING CODE 3510–22–S VerDate jul<14>2003 14:10 Jul 27, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1 43645

Agencies

[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Rules and Regulations]
[Pages 43644-43645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14950]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 072105A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; apportionment of reserves; request for 
comments.

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SUMMARY: NMFS apportions amounts of the non-specified reserve of 
groundfish to the yellowfin sole initial total allowable catch (ITAC) 
in the Bering Sea and Aleutian Islands management area (BSAI). This 
action is necessary to allow the fishery to continue operating. It is 
intended to promote the goals and objectives of the fishery management 
plan for the BSAI.

DATES: Effective July 28, 2005, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2005. Comments must be received at the following 
address no later than 4:30 p.m., A.l.t., August 9, 2005.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Lori Durall. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, AK;
     Fax to 907-586-7557;
     E-mail to bsairelys@noaa.gov and include in the subject 
line of the e-mail comment the document identifier: bsairelys; or
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the Instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Management 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 ITAC of yellowfin sole in the BSAI was established as 
77,083 metric tons by the 2005 and 2006 final harvest specifications 
for groundfish in the BSAI (70 FR 8979, February 24, 2005). The 
Administrator, Alaska Region, NMFS, has determined that the ITAC for 
yellowfin sole in the BSAI needs to be supplemented from the non-
specified reserve in order to continue operations.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
6,800 metric tons from the non-specified reserve of groundfish to the 
yellowfin sole ITAC in the BSAI. This apportionment is consistent with 
Sec.  679.20(b)(1)(ii) and does not result in overfishing of a target 
species because the revised ITAC is equal to or less than the 
specification of the acceptable biological catch (70 FR 8979, February 
24, 2005).

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) and Sec.  679.20(b)(3)(iii)(A) 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 apportionment of the non-specified 
reserves of groundfish to the yellowfin sole fishery. NMFS was unable 
to publish a notice providing time for public comment because the most 
recent, relevant data only became available as of July 9, 2005.
    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until August 9, 
2005.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.


[[Page 43645]]


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

    Dated: July 22, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-14950 Filed 7-25-05; 1:28 pm]
BILLING CODE 3510-22-S