Federal Register / Vol. 72, No. 93 / Tuesday, May 15, 2007 / Rules and Regulations 27251 

WEST VIRGINIA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Wheeling, WV-OH Area 

Marshall County ........................................................... 5/15/07 Attainment. 

Ohio County ................................................................. 5/15/07 Attainment. 

* * * * * * * 

a Includes Indian country located in each county or area except otherwise noted. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. E7–9287 Filed 5–14–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060525140–6221–02] 

RIN 0648–XA21 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snapper/ 

Grouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS reduces the 

commercial trip limit for golden tilefish 

in the South Atlantic to 300 lb (136 kg) 

per trip in or from the exclusive 

economic zone (EEZ). This trip limit 

reduction is necessary to protect the 

South Atlantic golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, May 17, 2007, through 

January 1, 2008, unless changed by 

further notification in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Jason Rueter, telephone 727–824–5305, 

fax 727–824–5308, e-mail 

jason.rueter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Resources of the South Atlantic 

(FMP). The FMP was prepared by the 

South Atlantic Fishery Management 

Council and is implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Under 50 CFR 622.44(c)(2), NMFS is 

required to reduce the trip limit in the 

commercial fishery for golden tilefish 

when 75 percent of the fishing year 

quota is met to 300 lb (136 kg) per trip, 

by filing a notification to that effect in 

the Federal Register. Based on current 

statistics, NMFS has determined that 75 

percent of the available commercial 

quota of 295,000 lb (133,810 kg), gutted 

weight, for golden tilefish will be 

reached on or before May 17, 2007. 

Accordingly, NMFS is reducing the 

commercial golden tilefish trip limit to 

300 lb (136 kg) in the South Atlantic 

EEZ from 12:01 a.m., local time, on May 

17, 2007, until the fishery closes or 

12:01 a.m., local time, on January 1, 

2008, whichever occurs first. 

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)(3)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid over harvest of the quota. Prior 

notice and opportunity for public 

comment would require additional time 

and would likely result in a harvest well 

in excess of the established quota. For 

the aforementioned reasons, the AA also 

finds good cause to waive the 30-day 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: May 10, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2392 Filed 5–10–07; 4:08 pm] 

BILLING CODE 3510–22–S 


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