Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth Flounder in the Bering Sea and Aleutian Islands Management Area, 46776-46777 [05-15962]

Download as PDF 46776 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 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, approving the MDE’s request for delegation of the Federal plan for small MWC units, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Fertilizers, Fluoride, Intergovernmental relations, Paper and paper products industry, Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, Sulfur acid plants, Waste treatment and disposal. Dated: August 5, 2005. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 62 is amended as follows: PART 62—[AMENDED] 1. The authority citation for part 62 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart V—Maryland 2. A new center heading, after § 62.5112, §§ 62.5120, 62.5121, and 62.5122 are added to read as follows: I Emissions From Existing Small Municipal Waste Combustor (MWC) Units—Section 111(d)/129 Federal Plan Delegation § 62.5120 Identification of plan— delegation of authority. On May 12, 2005, EPA signed a Memorandum of Agreement (MOA) that defines policies, responsibilities, and procedures pursuant to 40 CFR 62 subpart JJJ (the ‘‘Federal plan’’) by which it will be administered by the MDE for existing small MWC units. On May 25, 2005, the MDE Secretary signed the MOA, thus agreeing to its terms and conditions. § 62.5121 Identification of sources. The MOA and related Federal plan apply to all affected small MWC units for which construction commenced on or before August 30, 1999. § 62.5122 Effective date of delegation. The delegation became fully effective on May 25, 2005, the date the MOA was signed by the MDE Secretary. [FR Doc. 05–15920 Filed 8–10–05; 8:45 am] BILLING CODE 6560–50–P VerDate jul<14>2003 13:55 Aug 10, 2005 Jkt 205001 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 Federal Acquisition Regulation; Leadership in Environmental Management (E.O. 13148) CFR Correction In Title 48 of the Code of Federal Regulations, Chapter 1 (Parts 52 to 99), revised as of October 1, 2004, on page 58, in 52.213–4, the second paragraph (b)(1)(vii) is removed and the paragraph following (b)(1)(i), also designated as (vii), is inserted in its place, and paragraph (b)(1)(ii) is reinstated to read as follows: 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * * (b) * * * (1) * * * (ii) 52.222–20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35– 45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). * * * * * [FR Doc. 05–55509 Filed 8–10–05; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 080805B] Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth Flounder 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 arrowtooth flounder 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 objectives of the fishery management plan for the BSAI. DATES: Effective August 11, 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 23, 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, Alaska; • Fax to 907–586–7557; • E-mail to bsairelarth@noaa.gov and include in the subject line of the e-mail comment the document identifier: bsairelarth; 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. 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 arrowtooth flounder in the BSAI was established as 10,200 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 arrowtooth flounder in the BSAI needs to be supplemented from the non-specified reserve in order to continue operations. Therefore, in accordance with § 679.20(b)(3), NMFS apportions 3,000 metric tons from the non-specified reserve of groundfish to the arrowtooth flounder 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). SUPPLEMENTARY INFORMATION: E:\FR\FM\11AUR1.SGM 11AUR1 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations Classification DEPARTMENT OF COMMERCE 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 50 CFR 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 arrowtooth flounder fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 2, 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 23, 2005. This action is required by 50 CFR 679.20 and is exempt from review under Executive Order 12866. National Oceanic and Atmospheric Administration Authority: 16 U.S.C. 1801, et seq. Dated: August 8, 2005. Anne M. Lange, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–15962 Filed 8–8–05; 3:21 pm] BILLING CODE 3510–22–S VerDate jul<14>2003 13:55 Aug 10, 2005 Jkt 205001 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 080805C] Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2005 catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI to harvest their Pacific cod allocation. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 8, 2005, through 2400 hrs, A.l.t., December 31, 2005. 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. NMFS closed directed fishing for Pacific cod by catcher vessels less than PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 46777 60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI under § 679.21(d)(1)(iii) on April 19, 2005 (70 FR 20840, April 22, 2005). NMFS has determined that as of August 2, 2005, approximately 453 metric tons of Pacific cod remain in the 2005 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI. Therefore, in accordance with §§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the catcher vessels less than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI to harvest their Pacific cod allocation, NMFS is terminating the previous closure and is reopening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI. The reopening is effective 1200 hrs, Alaska local time (A.l.t.), August 8, 2005, through 2400 hrs, A.l.t., December 31, 2005. Directed fishing by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line gear remains closed until August 15, 2005, when the third seasonal halibut mortality limit becomes available. 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 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 unduly delay the opening of the fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 2, 2005. E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46776-46777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15962]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 080805B]


Fisheries of the Exclusive Economic Zone Off Alaska; Arrowtooth 
Flounder 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 arrowtooth flounder 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 August 11, 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 23, 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, Alaska;
     Fax to 907-586-7557;
     E-mail to bsairelarth@noaa.gov and include in the subject 
line of the e-mail comment the document identifier: bsairelarth; 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 arrowtooth flounder in the BSAI was established as 
10,200 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 
arrowtooth flounder 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 
3,000 metric tons from the non-specified reserve of groundfish to the 
arrowtooth flounder 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).

[[Page 46777]]

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 50 CFR 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 arrowtooth flounder fishery. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of August 2, 
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 23, 2005.
    This action is required by 50 CFR 679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 8, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-15962 Filed 8-8-05; 3:21 pm]
BILLING CODE 3510-22-S

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