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. 

■ 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 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: 

§ 52.1220 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of Source Permit No. State effective 

date 

EPA approval 

date Comments 

* * * * * * * 

Lafarge North America Corporation, Childs 

Road Terminal.

12300391–002 11/17/07 9/11/07 [Insert page 

number where the 

document begins].

Only conditions cited as ‘‘Title I condition: 

SIP for PM–10 NAAQS.’’

* * * * * * * 

* * * * * 

[FR Doc. 07–4380 Filed 9–10–07; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Rules and Regulations 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 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 

http://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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

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: 

• 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: http://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 


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