Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58367

(3) Conference with parties on motion 

to compel. Within 5 business days after 

the filing of a reply to a motion to 

compel in a rate case to be considered 

under the stand-alone cost 

methodology, Board staff may convene 

a conference with the parties to discuss 

the dispute, attempt to narrow the 

issues, and gather any further 

information needed to render a ruling. 

(4) Ruling on motion to compel in 

stand-alone cost rate cases. Within 5 

business days after a conference with 

the parties convened pursuant to 

paragraph (a)(3) of this section, the 

Secretary will issue a summary ruling 

on the motion to compel discovery in a 

stand-alone cost rate case. If no 

conference is convened, the Secretary 

will issue this summary ruling within 

10 business days after the filing of the 

reply to the motion to compel. Appeals 

of a Secretary’s ruling will proceed 

under 49 CFR 1115.9, and the Board 

will attempt to rule on such appeals 

within 20 days after the filing of the 

reply to the appeal.

* * * * *

[FR Doc. 04–21799 Filed 9–29–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031125292–4061–02; I.D. 

092404A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

in the Central Regulatory Area of the 

Gulf of Alaskas

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2004 B season total allowable 

catch (TAC) of Pacific cod specified for 

vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 28, 2004, 

through 2400 hrs, A.l.t., December 31, 

2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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.

NMFS closed the directed fishery for 

Pacific cod by vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA under 

§ 679.20(d)(1)(iii) on September 10, 

2004 (69 FR 55361, September 14, 

2004).

NMFS has determined that 

approximately 730 mt of Pacific cod 

remain in the 2004 B season directed 

fishing allowance. Therefore, in 

accordance with §§ 679.25(a)(2)(i)(C) 

and (a)(2)(iii)(D), and to fully utilize the 

2004 B season TAC of Pacific cod 

specified for vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA, NMFS is terminating 

the previous closure and is reopening 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA 

effective 1200 hrs, A.l.t., September 28, 

2004.

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 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 opening of the fishery under 

the Pacific cod 2004 B season TAC 

specified for vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA.

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 679.25 and is exempt from review 

under Executive Order 12866.

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

Dated: September 24, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–21936 Filed 9–27–04; 1:53 pm]

BILLING CODE 3510–22–S