Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod for American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 31717-31718 [2010-13493]

Download as PDF erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations are jointly promulgated by EPA under RCRA authority and the Department of Transportation (DOT) under the federal hazardous materials transportation laws, the manifest changes will be applicable federally in all states under the authority of the Hazardous Materials Transportation Act (HMTA) on the effective date. All states will be required to adopt these amendments in accordance with the consistency requirements in 40 CFR 271.4(c). (See 70 FR 10810–10811, March 4, 2005 for a further discussion of the effects of DOT hazardous materials law, RCRA consistency requirements, and state authorization on the implementation of the manifest.) Second, the following amendments are promulgated under the authority of HSWA and, because they are not more stringent, they will be effective on June 16, 2010, in states that are not currently authorized for the section being amended: • All amendments to regulations in 40 CFR Part 268, • 40 CFR 264.552, and • 40 CFR 266.101. Third, all other amendments in the Hazardous Waste Technical Corrections and Clarifications Rule which are not withdrawn and go into effect on June 16, 2010, are promulgated under nonHSWA RCRA authority. These nonHSWA amendments will be applicable on the effective date only in those states that do not have final authorization of their base RCRA programs. Authorized states are required to modify their programs only when EPA promulgates federal regulations that are more stringent or broader in scope than the authorized state regulations. For those changes that are less stringent or reduce the scope of the federal program, states are not required to modify their program. This is a result of section 3009 of RCRA, which allows states to impose more stringent regulations than the federal program. The Hazardous Waste Technical Corrections and Clarifications Rule is considered to be neither more nor less stringent than the current standards. Therefore, authorized states, while not required to modify their programs to adopt the second and third types of technical corrections discussed above are strongly urged to adopt these technical corrections to avoid any confusion or misunderstanding by the regulated community and the public. List of Subjects 40 CFR Part 260 Environmental protection, Administrative practice and procedure, Confidential business information, VerDate Mar<15>2010 14:03 Jun 03, 2010 Jkt 220001 31717 Hazardous waste, Reporting and recordkeeping requirements. published in the Federal Register on March 18, 2010 (75 FR 12989). 40 CFR Part 261 [FR Doc. 2010–13376 Filed 6–3–10; 8:45 am] Environmental protection, Hazardous waste, Recycling, Reporting and recordkeeping requirements. 40 CFR Part 262 Environmental protection, Exports, Hazardous materials transportation, Hazardous waste, Imports, Labeling, Packaging and containers, Reporting and recordkeeping requirements. BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] 40 CFR Part 263 RIN 0648–XW75 Environmental protection, Hazardous materials transportation, Hazardous waste, Reporting and recordkeeping requirements. Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod for American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area 40 CFR Part 264 Environmental protection, Air pollution control, Hazardous waste, Insurance, Packaging and containers, Reporting and recordkeeping requirements, Security measures, Surety bonds. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. 40 CFR Part 265 SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary as the 2010 Pacific cod directed fishing allowance for AFA trawl catcher processors in the BSAI has been reached. Environmental protection, Air pollution control, Hazardous waste, Insurance, Packaging and containers, Reporting and recordkeeping requirements, Security measures, Surety bonds, Water supply. 40 CFR Part 266 Environmental protection, Energy, Hazardous waste, Recycling, Reporting and recordkeeping requirements. 40 CFR Part 268 Environmental protection, Hazardous waste, Reporting and recordkeeping requirements. 40 CFR Part 270 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Reporting and recordkeeping requirements, Water pollution control, Water supply. Dated: May 27, 2010. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. Accordingly, EPA withdraws the amendment to the entry ‘‘K107’’ in the table 40 CFR 261.32(a), the amendment at 40 CFR 262.34(a), the amendment at 40 CFR 262.34(a)(1)(iv)(B), the amendment at 40 CFR 262.34(a)(2), the amendment at 40 CFR 262.34(a)(5), and the amendment at 40 CFR 266.20(b) PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 10, 2010, through 2400 hrs, A.l.t., December 31, 2010. FOR FURTHER INFORMATION CONTACT: Obren Davis, 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 2010 Pacific cod total allowable catch (TAC) allocated to AFA trawl catcher processors in the BSAI is 3,467 metric tons (mt) as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has E:\FR\FM\04JNR1.SGM 04JNR1 31718 Federal Register / Vol. 75, No. 107 / Friday, June 4, 2010 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES determined that the 2010 Pacific cod TAC allocated to AFA trawl catcher processors in the BSAI will be taken as incidental catch by AFA trawl catcher processors in directed fisheries for other groundfish species. Therefore, the Regional Administrator is establishing a directed fishing allowance of 0 mt and in accordance with § 679.20(d)(1)(iii), finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by AFA trawl catcher processors in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. VerDate Mar<15>2010 14:03 Jun 03, 2010 Jkt 220001 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 cod by AFA trawl catcher processors in the BSAI. NMFS was unable to publish a notice providing time for public comment PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 because the most recent, relevant data only became available as of May 27, 2010. 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 28, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–13493 Filed 6–3–10; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\04JNR1.SGM 04JNR1

Agencies

[Federal Register Volume 75, Number 107 (Friday, June 4, 2010)]
[Rules and Regulations]
[Pages 31717-31718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13493]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XW75


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
for American Fisheries Act Catcher Processors Using Trawl Gear 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; closure.

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SUMMARY:  NMFS is prohibiting directed fishing for Pacific cod by 
American Fisheries Act (AFA) trawl catcher processors in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
as the 2010 Pacific cod directed fishing allowance for AFA trawl 
catcher processors in the BSAI has been reached.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), June 10, 2010, 
through 2400 hrs, A.l.t., December 31, 2010.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 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 2010 Pacific cod total allowable catch (TAC) allocated to AFA 
trawl catcher processors in the BSAI is 3,467 metric tons (mt) as 
established by the final 2010 and 2011 harvest specifications for 
groundfish in the BSAI (75 FR 11778, March 12, 2010).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has

[[Page 31718]]

determined that the 2010 Pacific cod TAC allocated to AFA trawl catcher 
processors in the BSAI will be taken as incidental catch by AFA trawl 
catcher processors in directed fisheries for other groundfish species. 
Therefore, the Regional Administrator is establishing a directed 
fishing allowance of 0 mt and in accordance with Sec.  
679.20(d)(1)(iii), finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by AFA trawl catcher processors in the BSAI.
    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 cod by AFA trawl catcher processors 
in the BSAI. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of May 27, 2010.
    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 28, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-13493 Filed 6-3-10; 8:45 am]
BILLING CODE 3510-22-S