Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska, 51716-51717 [07-4443]

Download as PDF 51716 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations 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 approves a state rule implementing a Federal standard. 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. 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 this action must be filed in the United States Court of Appeals for the appropriate circuit by November 13, 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 enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: August 29, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. I 40 CFR part 52 is amended as follows: 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 Y—Minnesota 2. In § 52.1220 the table in paragraph (d) is amended by revising the entry for ‘‘Lafarge Corp., Childs Road facility’’ to read as follows: I § 52.1220 * Identification of plan. * * (d) * * * * * EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS State effective date Name of Source Permit No. * * Lafarge North America Corporation, Childs Road Terminal. * 12300391–002 * 11/17/07 * EPA approval date Comments * 9/11/07 [Insert page number where the document begins]. * * Only conditions cited as ‘‘Title I condition: SIP for PM–10 NAAQS.’’ * * * * * * * * * DEPARTMENT OF COMMERCE [FR Doc. 07–4380 Filed 9–10–07; 8:45 am] BILLING CODE 6560–50–P National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] yshivers on PROD1PC62 with RULES RIN 0648–XC48 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Aug<31>2005 14:12 Sep 10, 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 * * Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 8, 2007, through 2400 hrs, A.l.t., December 31, 2007. E:\FR\FM\11SER1.SGM 11SER1 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: yshivers on PROD1PC62 with RULES 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 Pacific ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central GOA is 1,008 metric tons (mt) as established by § 679.81(a), 679.82(b), and the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007), and as posted as the 2007 Rockfish Program Allocations at https://www.fakr.noaa.gov/ sustainablefisheries/goarat/default.htm. In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2007 TAC of Pacific ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,008 mt, and is setting aside the remaining 0 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch for catcher processors participating in the rockfish limited access fishery in the Central GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 VerDate Aug<31>2005 14:12 Sep 10, 2007 Jkt 211001 data in a timely fashion and would delay the closure of Pacific ocean perch for catcher processors participating in the rockfish limited access fishery in the Central GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 5, 2007. 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: September 6, 2007. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–4443 Filed 9–6–07; 1:54 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XC43 Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska 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 12 hours for shallow-water species by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to allow the shallow-water species fishery in the GOA to resume. DATES: Effective 0800 hrs, Alaska local time (A.l.t.), September 6, 2007, through 2000 hrs, A.l.t., September 6, 2007. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 21, 2007. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Comments may be submitted by: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 51717 • 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 inseason.fakr@noaa.gov and include in the subject line of the email the document identifier: goaswx4sre.fo.wpd (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions at that site for submitting comments. 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 shallow-water fishery in the GOA opened on September 1, 2007 at 1200 hrs and closed on September 1, 2007 at 2400 hrs (72 FR 49229, August 28, 2007). NMFS has determined that approximately 150 mt remain in the fourth seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to allow the shallow-water species fishery in the GOA to resume, NMFS is terminating the previous closure and is reopening directed fishing for shallowwater species for 12 hours by vessels using trawl gear in the GOA, effective 0800 hrs, A.l.t., September 6, 2007, through 2000 hrs, A.l.t., September 6, 2007. The species and species groups that comprise the shallow-water species fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates and ‘‘other species.’’ This opener does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Pilot Program for the Central GOA. 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 E:\FR\FM\11SER1.SGM 11SER1

Agencies

[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Rules and Regulations]
[Pages 51716-51717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4443]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XC48


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch for Catcher Processors Participating in the Rockfish 
Limited Access Fishery in the Central Regulatory Area of the Gulf of 
Alaska

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
by catcher processors participating in the rockfish limited access 
fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). 
This action is necessary to prevent exceeding the 2007 total allowable 
catch (TAC) of Pacific ocean perch allocated to catcher processors 
participating in the rockfish limited access fishery in the Central 
Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 8, 
2007, through 2400 hrs, A.l.t., December 31, 2007.

[[Page 51717]]


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 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 2007 TAC of Pacific ocean perch allocated to catcher processors 
participating in the rockfish limited access fishery in the Central GOA 
is 1,008 metric tons (mt) as established by Sec.  679.81(a), 679.82(b), 
and the 2007 and 2008 harvest specifications for groundfish of the GOA 
(72 FR 9676, March 5, 2007), and as posted as the 2007 Rockfish Program 
Allocations at https://www.fakr.noaa.gov/sustainablefisheries/goarat/
default.htm.
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that the 2007 TAC 
of Pacific ocean perch allocated to catcher processors participating in 
the rockfish limited access fishery in the Central GOA will soon be 
reached. Therefore, the Regional Administrator is establishing a 
directed fishing allowance of 1,008 mt, and is setting aside the 
remaining 0 mt as bycatch to support other anticipated groundfish 
fisheries. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
ocean perch for catcher processors participating in the rockfish 
limited access fishery in the Central GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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 delay the closure of Pacific ocean perch for catcher processors 
participating in the rockfish limited access fishery in the Central 
GOA. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data only became available as 
of September 5, 2007.
    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: September 6, 2007.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-4443 Filed 9-6-07; 1:54 pm]
BILLING CODE 3510-22-S

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