Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Scallop Vessels, 39579-39580 [07-3499]
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39579
Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations
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. Redesignation is an
action that affects the status of a
geographical area but does not impose
any new requirements on sources. 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 action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 17,
2007. 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 force
its requirements. (See Section 307(b)(2).)
Paperwork Reduction Act
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.).
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Volatile organic
compounds.
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).
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
List of Subjects
40 CFR Part 81
Air pollution control, Environmental
protection, National parks, Wilderness
areas.
Dated: July 5, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
§ 52.777 Control strategy: photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(hh) Approval—On May 30, 2006,
Indiana submitted a request to
redesignate St. Joseph and Elkhart
Counties to attainment of the 8-hour
ozone National Ambient Air Quality
Standard. As part of the redesignation
request, the State submitted a
maintenance plan as required by section
175A of the Clean Air Act. Elements of
the section 175 maintenance plan
include a contingency plan and an
obligation to submit a subsequent
maintenance plan revision in eight years
as required by the Clean Air Act. Also
included were motor vehicle emission
budgets to determine transportation
conformity in St. Joseph and Elkhart
Counties. The 2020 motor vehicle
emission budgets are 6.64 tons per day
for volatile organic compounds and 7.73
tons per day for oxides of nitrogen.
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Parts 52 and 81, chapter I, title 40 of
the Code of Federal Regulations is
amended as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. Section 81.315 is amended by
revising the entry for South BendElkhart, IN: Elkhart and St. Joseph
Counties in the table entitled ‘‘Indiana
Ozone (8-Hour Standard)’’ to read as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Indiana
§ 81.315
2. Section 52.777 is amended by
adding paragraph (hh) to read as
follows:
*
I
*
Indiana.
*
*
*
INDIANA OZONE
[8-hour standard]
Designation a
Classification
Designated area
Date 1
*
South Bend-Elkhart, IN:
Elkhart County.
St. Joseph County.
*
*
*
*
Type
*
*
*
*
*
7/19/07
*
Date1
*
*
Type
Attainment.
*
a Includes
cprice-sewell on PROD1PC66 with RULES
1 This
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
[FR Doc. E7–13797 Filed 7–18–07; 8:45 am]
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39580
Federal Register / Vol. 72, No. 138 / Thursday, July 19, 2007 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060314069–6069–01]
RIN 0648–XA86
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Closure of the
Closed Area I Scallop Access Area to
General Category Scallop Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: NMFS announces that the
Closed Area I Scallop Access Area (CAI)
will close to general category scallop
vessels for the remainder of the 2007
scallop fishing year. This action is based
on the determination that 216 general
category scallop trips into CAI are
projected to be taken as of 0001 hr local
time, July 15, 2007. This action is being
taken to prevent the allocation of
general category trips in CAI from being
exceeded during the 2007 fishing year,
in accordance with the regulations
implementing Framework 18 to the
Atlantic Sea Scallop Fishery
Management Plan (FMP) and the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: The closure is effective from
0001 hours, July 15, 2007, through
February 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Ryan Silva, Fishery Management
Specialist, (978)–281–9326, fax (978)–
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas (§ 648.59
and 648.60) authorize vessels issued a
valid general category scallop permit to
fish in CAI under specific conditions,
including a cap of 216 trips that may be
taken by general category vessels during
the 2007 fishing year. The regulations at
§ 648.59(b)(5)(ii) require CAI to be
closed to general category scallop
vessels once the Northeast Regional
Administrator has determined that the
allowed number of trips are projected to
be taken.
Based on Vessel Monitoring System
(VMS) trip declarations by general
category scallop vessels fishing in CAI,
and analysis of fishing effort, a
projection concluded that, given current
VerDate Aug<31>2005
13:36 Jul 18, 2007
Jkt 211001
activity levels by general category
scallop vessels in the area, the trip cap
will be attained on July 15, 2007.
Therefore, in accordance with the
regulations at § 648.59(b)(5)(ii), CAI is
closed to all general category scallop
vessels as of 0001 hr local time, July 15,
2007. No general category scallop vessel
may declare or initiate a trip into this
area. This closure is in effect for the
remainder of the 2007 scallop fishing
year. CAI is scheduled to re-open to
scallop fishing, including trips for
general category scallop vessels, on June
15, 2008, unless the schedule for scallop
access areas is modified by the New
England Fishery Management Council.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Due to the need to take immediate
action to close CAI once the allowed
number of trips have been taken,
pursuant to 5 U.S.C. 553(b)(3) proposed
rulemaking is waived because it would
be impracticable and contrary to the
public interest to allow a period for
public comment. CAI opened for the
2007 fishing year at 0001 hours on June
15, 2007. Data indicating the general
category scallop fleet has taken all of
CAI trips have only recently become
available. To allow general category
scallop vessels to continue to take trips
in CAI during the period necessary to
publish and receive comments on a
proposed rule would result in vessels
taking much more than the allowed
number of trips in CAI. Excessive trips
and harvest from CAI would result in
excessive fishing effort in CAI, where
effort controls are critical, thereby
undermining conservation objectives of
the FMP. Should excessive effort occur
in CAI, future management measures
would need to be more restrictive.
Furthermore, for the same reasons, there
is good cause under 5 U.S.C 553(b)(3) to
waive the 30-day delayed effectiveness
period for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 13, 2007.
Emily Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–3499 Filed 7–13–07; 3:27 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213032–7032–01]
RIN 0648–XB52
Fisheries of the Exclusive Economic
Zone Off Alaska; Shortraker Rockfish
in Statistical Area 610 of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; prohibition of
retention.
AGENCY:
SUMMARY: NMFS is prohibiting retention
of shortraker rockfish in Statistical Area
610 of the Gulf of Alaska (GOA). NMFS
is requiring that shortraker rockfish 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 2007
total allowable catch (TAC) of shortraker
rockfish in this area has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 13, 2007, through 1200
hrs, A.l.t., December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 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 2007 TAC of shortraker rockfish
in Statistical Area 610 of the GOA is 153
metric tons as established by the 2007
and 2008 harvest specifications for
groundfish of the GOA (72 FR 9676,
March 5, 2007).
In accordance with § 679.20(d)(2), the
Regional Administrator has determined
that the 2007 TAC of shortraker rockfish
in Statistical Area 610 of the GOA has
been reached. Therefore, NMFS is
requiring that shortraker rockfish in
Statistical Area 610 of the GOA be
treated as prohibited species in
accordance with § 679.21(b).
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
E:\FR\FM\19JYR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Rules and Regulations]
[Pages 39579-39580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3499]
[[Page 39580]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060314069-6069-01]
RIN 0648-XA86
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Closure of the Closed Area I Scallop Access Area to
General Category Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Closed Area I Scallop Access Area
(CAI) will close to general category scallop vessels for the remainder
of the 2007 scallop fishing year. This action is based on the
determination that 216 general category scallop trips into CAI are
projected to be taken as of 0001 hr local time, July 15, 2007. This
action is being taken to prevent the allocation of general category
trips in CAI from being exceeded during the 2007 fishing year, in
accordance with the regulations implementing Framework 18 to the
Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-
Stevens Fishery Conservation and Management Act.
DATES: The closure is effective from 0001 hours, July 15, 2007, through
February 29, 2008.
FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management
Specialist, (978)-281-9326, fax (978)-281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the Sea Scallop Access Areas (Sec. 648.59 and 648.60) authorize
vessels issued a valid general category scallop permit to fish in CAI
under specific conditions, including a cap of 216 trips that may be
taken by general category vessels during the 2007 fishing year. The
regulations at Sec. 648.59(b)(5)(ii) require CAI to be closed to
general category scallop vessels once the Northeast Regional
Administrator has determined that the allowed number of trips are
projected to be taken.
Based on Vessel Monitoring System (VMS) trip declarations by
general category scallop vessels fishing in CAI, and analysis of
fishing effort, a projection concluded that, given current activity
levels by general category scallop vessels in the area, the trip cap
will be attained on July 15, 2007. Therefore, in accordance with the
regulations at Sec. 648.59(b)(5)(ii), CAI is closed to all general
category scallop vessels as of 0001 hr local time, July 15, 2007. No
general category scallop vessel may declare or initiate a trip into
this area. This closure is in effect for the remainder of the 2007
scallop fishing year. CAI is scheduled to re-open to scallop fishing,
including trips for general category scallop vessels, on June 15, 2008,
unless the schedule for scallop access areas is modified by the New
England Fishery Management Council.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Due to the need to take immediate action to close CAI once the
allowed number of trips have been taken, pursuant to 5 U.S.C. 553(b)(3)
proposed rulemaking is waived because it would be impracticable and
contrary to the public interest to allow a period for public comment.
CAI opened for the 2007 fishing year at 0001 hours on June 15, 2007.
Data indicating the general category scallop fleet has taken all of CAI
trips have only recently become available. To allow general category
scallop vessels to continue to take trips in CAI during the period
necessary to publish and receive comments on a proposed rule would
result in vessels taking much more than the allowed number of trips in
CAI. Excessive trips and harvest from CAI would result in excessive
fishing effort in CAI, where effort controls are critical, thereby
undermining conservation objectives of the FMP. Should excessive effort
occur in CAI, future management measures would need to be more
restrictive. Furthermore, for the same reasons, there is good cause
under 5 U.S.C 553(b)(3) to waive the 30-day delayed effectiveness
period for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 13, 2007.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-3499 Filed 7-13-07; 3:27 pm]
BILLING CODE 3510-22-S
