Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59815

regarding today’s action under section 

801 because this is a rule of particular 

applicability establishing sourcespecific requirements for Washington 

Gas Company, Ravensworth Station, 

located in Fairfax County, Virginia. 

C. Petitions for Judicial Review 

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 December 6, 

2004. 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, pertaining to the 

NOX RACT for Washington Gas 

Company, Ravensworth Station, located 

in Fairfax County, Virginia, 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, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: September 28, 2004. 

Thomas Voltaggio, 

Acting, Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart VV—Virginia

■ 2. Section 52.2420, the table in 

paragraph (d) is amended by adding 

entries for ‘‘Washington Gas Company, 

Ravensworth Station’’ at the end of the 

table to read as follows:

§ 52.2420 Identification of plan.

* * * * *

(d) * * *

EPA-APPROVED VIRGINIA SOURCE-SPECIFIC REQUIREMENTS

Source name 

Permit/order or 

registration number 

State effective 

date EPA approval date 40 CFR part 52 citation 

*******

............................................................................ ...................... [Insert Federal Register page number where the document begins].

Washington Gas Company, Ravensworth Station Registration No. 

72277.

04/16/04 

08/11/04 

10/06/04 ........................................... 52.2420(d)(6). 

* * * * *

[FR Doc. 04–22360 Filed 10–5–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 040112010–4114–02; I.D. 

093004C]

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Closure of 

the Eastern U.S./Canada Area and 

Prohibition of Harvesting, Possessing, 

or Landing of Yellowtail Flounder from 

the U.S./Canada Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure of the Eastern U.S./

Canada Area and prohibition of 

harvesting, possessing, or landing of 

yellowtail flounder from the U.S./

Canada Management Area.

SUMMARY: NMFS announces that the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), has 

determined that 85 percent of the total 

allowable catch (TAC) of Georges Bank 

(GB) yellowtail flounder allocated to be 

harvested from the Western and Eastern 

U.S./Canada Areas has been harvested 

by October 1, 2004. To prevent the GB 

yellowtail flounder TAC allocation from 

being exceeded, the Regional 

Administrator is closing the Eastern 

U.S./Canada Area to all limited access 

NE multispecies days-at-sea (DAS) 

vessels, unless participating in a future 

approved Special Access Program (SAP) 

for which the TAC allocation for the 

target stock for that SAP has not been 

fully harvested. In addition, the 

Regional Administrator is prohibiting 

all limited access NE multispecies DAS 

vessels from harvesting, possessing, or 

landing GB yellowtail flounder from 

within the entire U.S./Canada 

Management Area, effective October 1, 

2004.

DATES: Effective October 1, 2004, 2004, 

through April 30, 2005.

FOR FURTHER INFORMATION CONTACT:

Douglas W. Christel, Fishery Policy 

Analyst, (978) 281–9141, fax (978) 281–

9135.

SUPPLEMENTARY INFORMATION:

Regulations governing the yellowtail 

flounder landing limit within the 

Western and Eastern U.S./Canada Areas 

are found at 50 CFR 648.85(a)(3)(iv)(C). 

The regulations authorize vessels issued 

a valid limited access NE multispecies 

permit and fishing under a NE 

multispecies DAS to fish in the U.S./

Canada Management Area, under 

specific conditions. The TAC allocation 

for GB yellowtail flounder for the 2004 

fishing year was specified at 6,000 mt in 

the final rule implementing Amendment 

13 to the NE Multispecies Fishery 

Management Plan (FMP) (April 27, 

2004, 69 FR 22906). Once 30 percent 

and/or 60 percent of the TAC 

allocations specified for the U.S./

Canada Management Area are projected 

to have been harvested, the regulations 

at § 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to modify or 

close access to the Eastern U.S./Canada 

Area to all limited access NE 

multispecies DAS vessels and prohibit 

all limited access NE multispecies DAS 

vessels from harvesting, possessing, or 

landing GB yellowtail flounder from the 

entire U.S./Canada Management Area to 

prevent over-harvesting the yellowtail 

flounder TAC allocation.

Based upon Vessel Monitoring System 

reports and other available information, 

the Regional Administrator has 

determined that 85 percent of the GB 

yellowtail flounder TAC of 6,000 mt has 

been harvested by October 1, 2004. Due 

to concerns regarding expected 

yellowtail flounder bycatch by vessels 

targeting groundfish other than 

yellowtail flounder within the U.S./

Canada Management Area and the

59816 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

potential impact of scallop vessels 

fishing in Closed Area II under the Sea 

Scallop Access Program proposed under 

Framework 16/39 to the Atlantic Sea 

Scallop and NE Multispecies FMPs, 

respectively, the Regional Administrator 

is closing the Eastern U.S./Canada Area 

to all limited access NE multispecies 

DAS vessels, unless they are 

participating in a future approved SAP 

for which the TAC allocation for the 

target stock for that SAP has not been 

fully harvested. In addition, the 

Regional Administrator is prohibiting 

all limited access NE multispecies DAS 

vessels from harvesting, possessing, or 

landing GB yellowtail flounder from the 

entire U.S./Canada Management for the 

remainder of the fishing year, effective 

October 6, 2004. This action is being 

taken at this time to ensure that the TAC 

for GB yellowtail flounder will not be 

exceeded during the 2004 fishing year.

Classification

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866.

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

Dated: September 30, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22481 Filed 10–1–04; 3:29 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 031216314–3314–01; I.D. 

092904C]

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Annual 

Specifications and Management 

Measures; Inseason Adjustments

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason adjustments to 

management measures; request for 

comments.

SUMMARY: NMFS announces changes to 

the commercial and recreational 

fisheries, and to the commercial 

fishery′s trawl rockfish conservation 

areas (RCAs) for the Pacific Coast 

groundfish fishery. These actions, 

which are authorized by the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP), will allow fisheries to 

access more abundant groundfish stocks 

while protecting overfished and 

depleted stocks.

DATES: Effective 0001 hours (local time) 

October 1, 2004, until the 2005–06 

annual specifications and management 

measures are effective; unless modified, 

superseded, or rescinded through a 

publication in the Federal Register. 

Comments on this rule will be accepted 

through November 1, 2004.

ADDRESSES: You may submit comments, 

identified by [092904C], by any of the 

following methods:

• E-mail: 

GroundfishInseason#6.nwr@noaa.gov: 

identified by the I.D. number in the 

subject line of the message.

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Fax: 206–526–6736

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070; or Rod 

McInnis, Acting Administrator, 

Southwest Region, NMFS, 501 West 

Ocean Blvd, Suite 4200, Long Beach, CA 

90802–4213.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–4646; fax: 206–526–

6736; and e-mail: jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This Federal Register document is 

available on the Government Printing 

Office′s website at: www.gpoaccess.gov/

fr/index.html.

Background information and 

documents are available at the NMFS 

Northwest Region website at: 

www.nwr.noaa.gov/1sustfsh/

gdfsh01.htm and at the Pacific Fishery 

Management Council′s website at: 

www.pcouncil.org.

Background

The Pacific Coast Groundfish FMP 

and its implementing regulations at 50 

CFR part 660, subpart G, regulate fishing 

for over 80 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Fishery 

Management Council (Pacific Council), 

and are implemented by NMFS. The 

specifications and management 

measures for the 2004 fishing year 

(January 1 - December 31, 2004) were 

initially published in the Federal 

Register as an emergency rule for 

January 1 - February 29, 2004 (69 FR 

1322, January 8, 2004) and as a 

proposed rule for March 1 - December 

31, 2004 (69 FR 1380, January 8, 2004). 

The emergency rule was amended at 69 

FR 4084, January 28, 2004, and the final 

rule for March 1 - December 31, 2004 

was published in the Federal Register

on March 9, 2004 (69 FR 11064), and 

subsequently amended at 69 FR 23440 

(April 29, 2004), 69 FR 23667 (April 30, 

2004), 69 FR 25013 (May 5, 2004), 69 FR 

28086 (May 18, 2004), 69 FR 38857 

(June 29, 2004), and at 69 FR 40805 

(July 7, 2004). In addition, an emergency 

rule establishing routine management 

measure authority, under the Pacific 

Coast Groundfish FMP, to close the 

Pacific whiting (whiting) primary 

season fisheries by sector before the 

sector′s whiting allocation is reached in 

order to minimize impacts on 

overfished species was implemented at 

69 FR 46448 (August 3, 2004).

The following changes to current 

groundfish management measures were 

recommended by the Pacific Council, in 

consultation with Pacific Coast Treaty 

Indian Tribes and the states of 

Washington, Oregon, and California, at 

its September 12–17, 2004, meeting in 

San Diego, CA. Pacific Coast groundfish 

landings will be monitored throughout 

the year, and further adjustments to trip 

limits or management measures will be 

made as necessary to allow achievement 

of, or to avoid exceeding the 2004 

optimum yields (OYs).

In the May inseason action (69 FR 

25013, May 5, 2004) NMFS provided 

additional fishing opportunity for the 

northern limited entry trawl fleet, which 

had been severely restricted to reduce 

the incidental catch of canary rockfish, 

by reducing the size of the trawl 

rockfish conservation area (the area 

closed to fishing for groundfish with 

trawl gear) or RCA, between the U.S. 

border with Canada and 40°10′ N. lat. 

The western, seaward boundary of the 

trawl RCA was moved from specific 

latitude and longitude coordinates 

approximating the 200–fm (366–m) 

depth contour to specific latitude and 

longitude coordinates approximating 

the 150–fm (274–m) depth contour. The 

reduction in the size of the trawl RCA 

for the remainder of the year was 

possible because new observer data 

indicated that the catch of overfished 

species, specifically darkblotched 

rockfish, was lower than predicted in 

this area. Darkblotched rockfish is a 

slope species that commonly inhabit 

waters between approximately 100 fm 

(183 m) and 220 fm (402 m). 

Additionally, canary rockfish are most 

commonly found in waters 50 fm (91 m) 

to 150 fm (274 m) in depth. Therefore, 

the reduction in the size of the trawl 

RCA was not predicted to result in