Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9263 

would otherwise qualify as a tax-free 

reorganization described in section 

368(a)(1)(A) by reason of section 

368(a)(2)(D) from so qualifying because 

the deemed issuance of a nominal share 

of stock of the acquiring corporation 

would violate the requirements of 

section 368(a)(2)(D)(i). If so, the 

transaction would be treated as 

described only in section 368(a)(1)(D), 

and the stock of the corporation in 

control of the acquiring corporation 

would be treated as boot. 

The IRS and Treasury Department did 

not intend for the temporary regulations 

to apply to such transactions. 

Explanation of Provisions 

These temporary regulations clarify 

and amend the temporary regulations 

(TD 9303) under § 1.368–2T(l) by 

providing that the deemed issuance of 

the nominal share of stock of the 

transferee corporation in a transaction 

otherwise described in section 

368(a)(1)(D) does not apply if the 

transaction otherwise qualifies as a 

triangular reorganization described in 

§ 1.358–6(b)(2) or section 368(a)(1)(G) by 

reason of section 368(a)(2)(D). 

Accordingly, if a transaction qualifies as 

a triangular reorganization described in 

§ 1.358–6(b)(2) or section 368(a)(1)(G) by 

reason of section 368(a)(2)(D) without 

regard to the temporary regulations, it 

will not be treated as a reorganization 

described in section 368(a)(1)(D). 

Special Analyses 

It has been determined that this 

Treasury decision is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

also has been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations. For the 

applicability of the Regulatory 

Flexibility Act, please refer to the crossreference notice of proposed rulemaking 

published elsewhere in this issue of the 

Federal Register. Pursuant to section 

7805(f) of the Internal Revenue Code, 

these regulations were submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on their impact on small business. 

Drafting Information 

The principal author of these 

regulations is Bruce A. Decker of the 

Office of the Associate Chief Counsel 

(Corporate). 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Amendments to the Regulations 

■ Accordingly, 26 CFR part 1 is 

amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read as follows: 

Authority: 26 U.S.C. 7805 * * *. 

■ Par. 2. Section 1.368–2T is amended 

by adding paragraph (l)(2)(iv) to read as 

follows: 

§ 1.368–2T Definition of terms (temporary). 

* * * * * 

(l) * * * 

(2) * * * 

(iv) Exception. Paragraph (l)(2) of this 

section does not apply to a transaction 

otherwise described in § 1.358–6(b)(2) 

or section 368(a)(1)(G) by reason of 

section 368(a)(2)(D). 

* * * * * 

Kevin M. Brown, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 21, 2007. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E7–3534 Filed 2–28–07; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R08–ND–2006–0001; FRL–8274–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Revised 

Format for Materials Being 

Incorporated by Reference for North 

Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

40 CFR part 52 for materials submitted 

by the State of North Dakota that are 

incorporated by reference (IBR) into its 

State Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by North Dakota and 

approved by EPA. 

DATES: Effective Date: This action is 

effective March 1, 2007. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays, at the 

Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that, if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

arrange a time to view the hard copy of 

the North Dakota SIP compilation. An 

electronic copy of the North Dakota 

regulations we have approved for 

incorporation into the SIP are also 

available by accessing http:// 

www.epa.gov/region8/air/sip.html. A 

hard copy of the regulatory and sourcespecific portions of the compilation will 

also be maintained at the Air and 

Radiation Docket and Information 

Center, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). If you wish to obtain materials 

from a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number (202) 566–1742. For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Amy Platt, EPA Region 8, at (303) 312–

6449, or Platt.Amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’ or ‘‘our’’ is used it means the EPA. 

Table of Contents 

I. Change of IBR Format 

A. Description of a SIP 

B. How EPA Enforces the SIP 

C. How the State and EPA Update the SIP 

D. How EPA Compiles the SIP 

E. How EPA Organizes the SIP Compilation 

F. Where You Can Find a Copy of the SIP 

Compilation 

G. The Format of the New Identification of 

Plan Section 

H. When a SIP Revision Becomes Federally 

Enforceable 

I. The Historical Record of SIP Revision 

Approvals 

II. What EPA is Doing in This Action 

III. Good Cause Exemption 

IV. Statutory and Executive Order Review 

I. Change in IBR Format 

This format revision will affect the 

‘‘Identification of plan’’ section of 40 

CFR part 52, as well as the format of the 

SIP materials that will be available for 

public inspection at the National 

Archives and Records Administration 

(NARA); the Air and Radiation Docket 

and Information Center located at EPA 


rwilkins on PROD1PC63 with RULES
9264 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

Headquarters in Washington, DC, and 

the EPA Region 8 Office. 

A. Description of a SIP 

Each state has a SIP containing the 

control measures and strategies used to 

attain and maintain the national 

ambient air quality standards (NAAQS) 

and achieve certain other Clean Air Act 

(Act) requirements (e.g., visibility 

requirements, prevention of significant 

deterioration). The SIP is extensive, 

containing such elements as air 

pollution control regulations, emission 

inventories, monitoring network 

descriptions, attainment 

demonstrations, and enforcement 

mechanisms. 

B. How EPA Enforces the SIP 

Each SIP revision submitted by North 

Dakota must be adopted at the state 

level after undergoing reasonable notice 

and public hearing. SIPs submitted to 

EPA to attain or maintain the NAAQS 

must include enforceable emission 

limitations and other control measures, 

schedules and timetables for 

compliance. 

EPA evaluates submitted SIPs to 

determine if they meet the Act’s 

requirements. If a SIP meets the Act’s 

requirements, EPA will approve the SIP. 

EPA’s notice of approval is published in 

the Federal Register and the approval is 

then codified in the Code of Federal 

Regulations (CFR) at 40 CFR part 52. 

Once EPA approves a SIP, it is 

enforceable by EPA and citizens in 

Federal district court. 

We do not reproduce in 40 CFR part 

52 the full text of the North Dakota 

regulations that we have approved; 

instead, we incorporate them by 

reference (‘‘IBR’’). We approve a given 

state regulation with a specific effective 

date and then refer the public to the 

location(s) of the full text version of the 

state regulation(s) should they want to 

know which measures are contained in 

a given SIP (see ‘‘I.F. Where You Can 

Find a Copy of the SIP Compilation’’). 

C. How the State and EPA Update the 

SIP 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. 

On May 22, 1997 (62 FR 27968), EPA 

announced revised procedures for 

incorporating by reference federally 

approved SIPs. The procedures 

announced included: (1) A new process 

for incorporating by reference material 

submitted by states into compilations 

and a process for updating those 

compilations on roughly an annual 

basis; (2) a revised mechanism for 

announcing EPA approval of revisions 

to an applicable SIP and updating both 

the compilations and the CFR; and (3) 

a revised format for the ‘‘Identification 

of plan’’ sections for each applicable 

subpart to reflect these revised IBR 

procedures. 

D. How EPA Compiles the SIP 

We have organized into a compilation 

the federally-approved regulations, 

source-specific requirements and 

nonregulatory provisions we have 

approved into the SIP. We maintain 

hard copies of the compilation in 

binders and we primarily update these 

binders on an annual basis. 

E. How EPA Organizes the SIP 

Compilation 

Each compilation contains three parts. 

Part one contains the state regulations, 

part two contains the source-specific 

requirements that have been approved 

as part of the SIP (if any), and part three 

contains nonregulatory provisions that 

we have approved. Each compilation 

contains a table of identifying 

information for each regulation, each 

source-specific requirement, and each 

nonregulatory provision. The state 

effective dates in the tables indicate the 

date of the most recent revision to a 

particular regulation. The table of 

identifying information in the 

compilation corresponds to the table of 

contents published in 40 CFR part 52 for 

the state. The EPA Regional Offices have 

the primary responsibility for ensuring 

accuracy and updating the 

compilations. 

F. Where You Can Find a Copy of the 

SIP Compilation 

EPA Region 8 developed and will 

maintain a hard copy of the compilation 

for North Dakota. An electronic copy of 

the North Dakota regulations we have 

approved are available on the following 

Web site: http://www.epa.gov/region8/ 

air/sip.html. A hard copy of the 

regulatory and source-specific portions 

of the compilation will also be 

maintained at the Air and Radiation 

Docket and Information Center, EPA 

West Building, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20460; and National Archives and 

Records Administration (NARA). If you 

wish to obtain materials from a docket 

in the EPA Headquarters Library, please 

call the Office of Air and Radiation 

(OAR) Docket/Telephone number (202) 

566–1742. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

G. The Format of the New Identification 

of Plan Section 

In order to better serve the public, 

EPA has revised the organization of the 

‘‘Identification of plan’’ section in 40 

CFR part 52 and included additional 

information to clarify the elements of 

the SIP. 

The revised Identification of plan 

section for North Dakota contains five 

subsections: 

1. Purpose and scope (see 40 CFR 

52.1820(a)); 

2. Incorporation by reference (see 40 

CFR 52.1820(b)); 

3. EPA-approved regulations (see 40 

CFR 52.1820(c)); 

4. EPA-approved source-specific 

requirements (see 40 CFR 52.1820(d)); 

and 

5. EPA-approved nonregulatory 

provisions such as transportation 

control measures, statutory provisions, 

control strategies, monitoring networks, 

etc. (see 40 CFR 52.1820(e)). 

H. When a SIP Revision Becomes 

Federally Enforceable 

All revisions to the applicable SIP are 

Federally enforceable as of the effective 

date of EPA’s approval of the respective 

revisions. In general, SIP revisions 

become effective 30 to 60 days after 

publication of EPA’s SIP approval 

action in the Federal Register. In 

specific cases, a SIP revision action may 

become effective less than 30 days or 

greater than 60 days after the Federal 

Register publication date. In order to 

determine the effective date of EPA’s 

approval for a specific North Dakota SIP 

provision that is listed in paragraph 40 

CFR 52.1820 (c), (d), or (e), consult the 

volume and page of the Federal Register 

cited in the ‘‘EPA approval date’’

column of 40 CFR 52.1820 for that 

particular provision. 

I. The Historical Record of SIP Revision 

Approvals 

To facilitate enforcement of 

previously approved SIP provisions and 

to provide a smooth transition to the 

new SIP processing system, we are 

retaining the original Identification of 

plan section (see 40 CFR 52.1837). This 

section previously appeared at 40 CFR 

52.1820. After an initial two-year 

period, we will review our experience 

with the new table format and will 

decide whether or not to retain the 

original Identification of plan section 

(40 CFR 52.1837) for some further 

period. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9265 

II. What EPA Is Doing in This Action 

Today’s action constitutes a 

‘‘housekeeping’’ exercise to reformat the 

codification of the EPA-approved North 

Dakota SIP. 

III. Good Cause Exemption 

EPA has determined that today’s 

action falls under the ‘‘good cause’’

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon a finding of ‘‘good cause,’’

authorizes agencies to dispense with 

public participation, and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s action simply 

reformats the codification of provisions 

which are already in effect as a matter 

of law. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

IV. Statutory and Executive Order 

Review 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This rule does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rules is 

discussed in previous actions taken on 

the State’s rules. 

B. Submission to Congress and the 

Comptroller General 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s action simply 

reformats the codification of provisions 

which are already in effect as a matter 

of law. 5 U.S.C. 808(2). As stated 

previously, EPA has made such a good 

cause finding, including the reasons 

therefore, and established an effective 

date of March 1, 2007. 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. These corrections 

to the Identification of plan for South 

Dakota is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the North 

Dakota SIP compilation had previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. Thus, EPA sees no need to 

reopen the 60-day period for filing such 

petitions for judicial review for this 

reorganization of the ‘‘Identification of 

plan’’ section of 40 CFR 52.1820 for 

North Dakota. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 19, 2006. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart JJ—North Dakota 

■ 2. Section 52.1820 is redesignated as 

§ 52.1837 and the section heading and 

paragraph (a) are revised to read as 

follows: 

§ 52.1837 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 


rwilkins on PROD1PC63 with RULES
9266 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

of North Dakota’’ and all revisions 

submitted by North Dakota that were 

federally approved prior to July 31, 

2006. 

* * * * * 

■ 3. A new § 52.1820 is added to read 

as follows: 

§ 52.1820 Identification of plan. 

(a) Purpose and scope. This section 

sets forth the applicable State 

Implementation Plan for North Dakota 

under section 110 of the Clean Air Act, 

42 U.S.C. 7410 and 40 CFR part 51 to 

meet national ambient air quality 

standards or other requirements under 

the Clean Air Act. 

(b) Incorporation by reference. (1) 

Material listed in paragraphs (c), (d), 

and (e) of this section with an EPA 

approval date prior to July 31, 2006, was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. § 552(a) and 

1 CFR part 51. Material is incorporated 

as submitted by the state to EPA, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries for paragraphs (c), (d), and (e) of 

this section with EPA approval dates 

after July 31, 2006, will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2) EPA Region 8 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated state rules/regulations 

which have been approved as part of the 

State Implementation Plan as of July 31, 

2006. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, Colorado, 

80202–1129; Air and Radiation Docket 

and Information Center, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC 20460; and the 

National Archives and Records 

Administration (NARA). If you wish to 

obtain materials from a docket in the 

EPA Headquarters Library, please call 

the Office of Air and Radiation (OAR) 

Docket/Telephone number (202) 566–

1742. For information on the availability 

of this material at NARA, call (202) 741–

6030, or go to: http://www.archives.gov/ 

federal_register/

code_of_federal_regulations/

ibr_locations.html. 

(c) EPA approved regulations. 

STATE OF NORTH DAKOTA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date and 

citation 1 Explanations 

33–15–01 General Provisions 

33–15–01–01 .............. Purpose ............................................................ 10/1/87 5/12/89, 54 FR 20574.

33–15–01–02 .............. Scope ............................................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–03 .............. Authority ........................................................... 9/1/97 4/2/04, 69 FR 17302.

33–15–01–04 .............. Definitions ........................................................ 3/1/03 10/21/04, 69 FR 61762.

33–15–01–5 ................ Abbreviations ................................................... 10/1/87 5/12/89, 54 FR 20574.

Except the following abbreviations: CFR, 

PM10, scmh, TSP, & ohm.

1/1/89 8/9/90, 55 FR 32403.

33–15–01–06 .............. Entry onto premises—Authority ....................... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–07 .............. Variances: Subsection 1 and Subsection 2 ..... 10/1/87 

6/1/90 

5/12/89, 54 FR 20574. 

6/26/92, 57 FR 28619.

33–15–01–08 .............. Circumvention .................................................. 6/1/90 6/26/92, 57 FR 28619.

33–15–01–09 .............. Severability ....................................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–10 .............. Land use plans and zoning regulations ........... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–11 .............. Reserved .......................................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–12 .............. Measurements of emissions of air contaminants.6/1/01 2/28/03, 68 FR 9565.

33–15–01–13 .............. Shutdown and malfunction of an installation— 

Requirements for notification.

10/1/87 5/12/89, 54 FR 20574 ...... Excluding subsection 2(b) 

which was subsequently 

revised and approved. 

See below. 

33–15–01–13.2(b) ....... Malfunctions ..................................................... 9/1/97 8/27/98, 63 FR 45722.

33–15–01–14 .............. Time schedule for compliance ......................... 10/1/87 5/12/89, 54 FR 20574.

33–15–01–15 .............. Prohibition of air pollution ................................ 6/1/01 2/28/03, 68 FR 9565.

33–15–01–16 .............. Confidentiality of records ................................. 10/1/87 5/12/89, 54 FR 20574.

33–15–01–17 .............. Enforcement ..................................................... 3/1/03 10/21/04, 69 FR 61762.

33–15–01–18 .............. Compliance certifications ................................. 3/1/03 10/21/04, 69 FR 61762.

33–15–02 Ambient Air Quality Standards 

33–15–02–01 .............. Scope ............................................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–02–02 .............. Purpose ............................................................ 10/1/87 5/12/89, 54 FR 20574.

33–15–02–03 .............. Air quality guidelines ........................................ 10/1/87 5/12/89, 54 FR 20574.

33–15–02–04 .............. Ambient air quality standards .......................... 9/1/98 8/31/99, 64 FR 47395 ...... See additional interpretive 

materials cited in 64 FR 

47395, 8/31/99. 

33–15–02–05 .............. Method of sampling and analysis .................... 12/1/94 10/8/96, 61 FR 52865.

33–15–02–06 .............. Reference conditions ....................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–02–07 .............. Concentration of air contaminants in the ambient air restricted.10/1/87 5/12/89, 54 FR 20574 ...... Excluding subsection 3 

and 4 which were subsequently revised and 

approved. See below. 

33–15–02, Table 1 ...... Ambient Air Quality Standards ........................ 12/1/94 10/8/96, 61 FR 52865.


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9267 

STATE OF NORTH DAKOTA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date and 

citation 1 Explanations 

33–15–02–07.3, 33–

15–02–07.4 and 33–

15–02, Table 2.

Concentration of air contaminants in the ambient air restricted and National Ambient Air 

Quality Standards table.

9/1/98 8/31/99, 64 FR 47395 ...... See additional interpretive 

materials cited in 64 FR 

47395, 8/31/99. 

33–15–03 Restrictions of Visible Air Contaminants 

33–15–03–01 .............. Restrictions applicable to existing installations 10/1/87 5/12/89, 54 FR 20574.

33–15–03–02 .............. Restrictions applicable to new installations 

and all incinerators.

10/1/87 5/12/89, 54 FR 20574.

33–15–03–03 .............. Restrictions applicable to fugitive emissions ... 10/1/87 5/12/89, 54 FR 20574.

33–15–03–03.1 ........... Restrictions applicable to flares ....................... 10/1/87 5/12/89, 54 FR 20574.

33–15–03–04 .............. Exceptions ........................................................ 2/1/82 11/12/82, 47 FR 51131.

33–15–03–05 .............. Method of measurement .................................. 10/1/87 5/12/89, 54 FR 20574.

33–15–04 Open Burning Restrictions 

33–15–04–01 .............. Refuse burning restrictions .............................. 1/1/96 4/21/97, 62 FR 19224.

33–15–04–02 .............. Permissible open burning ................................ 1/1/96 4/21/97, 62 FR 19224.

33–15–05 Emissions of Particulate Matter Restricted 

33–15–05–01 .............. Restrictions of emissions of particulate matter 

from industrial processes.

10/1/87 5/12/89, 54 FR 20574.

33–15–05–02 .............. Maximum allowable emissions of particulate 

matter from fuel burning equipment used for 

indirect heating.

3/1/03 10/21/04, 69 FR 61762.

33–15–05–03 .............. Incinerators (repealed) ..................................... 8/1/95 4/21/97, 62 FR 19224.

33–15–05–03.1 ........... Infectious waste incinerators (repealed) .......... 7/12/00 2/28/03, 68 FR 9565.

33–15–05–03.2 ........... Refuse incinerators .......................................... 8/1/95 4/21/97, 62 FR 19224.

33–15–05–03.3 ........... Other waste incinerators .................................. 3/1/03 10/21/04, 69 FR 61762.

33–15–05–04 .............. Methods of measurement ................................ 3/1/03 10/21/04, 69 FR 61762.

33–15–06 Emissions of Sulfur Compounds Restricted 

33–15–06–01 .............. Restrictions of emissions of sulfur dioxide 

from use of fuel.

3/1/03 10/21/04, 69 FR 61762 .... See additional interpretive 

materials cited in 63 FR 

45722, 8/27/98. 

33–15–06–02 .............. Restrictions of emissions of sulfur oxides from 

industrial processes.

6/1/92 10/20/93, 58 FR 54041.

33–15–06–03 .............. Methods of measurement ................................ 3/1/03 10/21/04, 69 FR 61762.

33–15–06–04 .............. Continuous emission monitoring requirements 6/1/92 10/20/93, 58 FR 54041.

33–15–06–05 .............. Reporting and recordkeeping requirements .... 6/1/92 10/20/93, 58 FR 54041.

33–15–07 Control of Organic Compounds Emissions 

33–15–07–01 .............. Requirements for construction of organic compounds facilities.6/1/92 8/21/95, 60 FR 43396 ...... Excluding subsection 1 

which was subsequently 

revised and approved. 

See below. 

33–15–07–01.1 ........... Scope ............................................................... 9/1/98 8/31/99, 64 FR 47395.

33–15–07–02 .............. Requirements for organic compounds gas disposal.6/1/92 8/21/95, 60 FR 43396.

33–15–08 Control of Air Pollution From Vehicles and Other Internal Combustion Engines 

33–15–08–01 .............. Internal combustion engine emissions restricted.7/1/78 11/2/79, 44 FR 63102.

33–15–08–02 .............. Removal or disabling of motor vehicle pollution control devices prohibited.7/1/78 11/2/79, 44 FR 63102.

33–15–10 Control of Pesticides 

33–15–10–01 .............. Pesticide use restricted Subsection 1 and 

Subsection 2.

10/1/87 

1/1/89 

5/12/89, 54 FR 20574. 

8/9/90, 55 FR 32403.

33–15–10–02 .............. Restrictions on the disposal of surplus pesticides and empty pesticide containers.10/1/87 5/12/89, 54 FR 20574 ...... Excluding subsections 2, 

3, 4, and 5 which were 

subsequently revised 

and approved. See 

below. 


rwilkins on PROD1PC63 with RULES
9268 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

STATE OF NORTH DAKOTA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date and 

citation 1 Explanations 

33–15–10–02.2, 33–

15–10–02.3, 33–15–

10–02.4.

Restrictions on the disposal of surplus pesticides and empty pesticide containers.1/1/89 8/9/90, 55 FR 32403.

33–15–10–02.5 ........... Restrictions on the disposal of surplus pesticides and empty pesticide containers.6/1/90 6/26/92, 57 FR 28619.

33–15–11 Prevention of Air Pollution Emergency Episodes 

33–15–11–01 .............. Air pollution emergency ................................... 10/1/87 5/12/89, 54 FR 20574.

33–15–11–02 .............. Air pollution episode criteria ............................ 10/1/87 5/12/89, 54 FR 20574.

33–15–11–03 .............. Abatement strategies emission reduction 

plans.

10/1/87 5/12/89, 54 FR 20574.

33–15–11–04 .............. Preplanned abatement strategies plans .......... 10/1/87 5/12/89, 54 FR 20574.

33–15–11–Table 6 ...... Air pollution episode criteria ............................ 8/1/95 4/21/97, 62 FR 19224.

33–15–11–Table 7 ...... Abatement strategies emission reduction 

plans.

8/1/95 4/21/97, 62 FR 19224.

33–15–14 Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit to Operate 

33–15–14–01 .............. Designated air contaminant sources ............... 8/1/95 4/21/97, 62 FR 19224.

33–15–14–01.1 ........... Definitions ........................................................ 1/1/96 4/21/97, 62 FR 19224.

33–15–14–02 .............. Permit to construct ........................................... 3/1/94 8/21/95, 60 FR 43396 ...... Excluding subsections 12, 

3.c, 13.b.1, 5, 13.c, 

13.i(5), and 19 (one 

sentence) which were 

subsequently revised 

and approved. See 

below. 

See additional interpretive 

materials cited in 57 FR 

28619, 6/26/92, regarding the State’s commitment to meet the requirements of EPA’s 

‘‘Guideline on Air Quality Models (Revised).’’

33–15–14–02.12 ......... [Reserved] ........................................................ 8/1/95 & 

1/1/96 

4/21/97, 62 FR 19224 ...... Moved this section related 

to fees for Permit to 

Construct to a new 

chapter, 33–15–23, 

Fees. 

33–15–14–02.3.c ........ Alterations to a source ..................................... 9/1/98 8/31/99, 64 FR 47395 ...... See additional interpretive 

materials cited in 64 FR 

47395, 8/31/99. 

33–15–14–02.13.b.1 ... Exemptions ...................................................... 6/1/01 2/28/03, 68 FR 9565.

33–15–14–02.5, 33–

15–14–02.13.c and 

33–15–14–02.13.i(5).

Review of application—standard for granting 

permits to construct and exemptions.

3/1/03 8/8/05, 70 FR 45539.

33–15–14–02.19 (one 

sentence—see explanation).

Amendment of permits ..................................... 3/1/03 1/24/06, 71 FR 3764 ........ Only one sentence was 

revised and approved 

with this action. That 

sentence reads: ‘‘In the 

event that the modification would be a major 

modification as defined 

in Chapter 33–15–15, 

the department shall follow the procedures established in Chapter 33–

15–15.’’ The remainder 

of subsection 19 was 

approved on 8/21/95 (60 

FR 43396). See above. 

33–15–14–03 .............. Minor source permit to operate ....................... 3/1/94 8/21/95, 60 FR 43396 ...... Excluding subsections 10,

1.c, 4, 5.a(1)(d), 11, and 

16 (one sentence) which 

were subsequently revised and approved. 

See below. 

Also see 40 CFR 52.1834. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9269 

STATE OF NORTH DAKOTA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date and 

citation 1 Explanations 

33–15–14–03.10 ......... [Reserved] ........................................................ 8/1/95 & 

1/1/96 

4/21/97, 62 FR 19224 ...... Moved this section related 

to fees for Permit to Operate to a new chapter, 

33–15–23, Fees. 

33–15–14–03.1.c ........ Permit to operate required ............................... 6/1/01 2/28/03, 68 FR 9565.

33–15–14–03.4, 33–

15–14–03.5.a(1)(d) 

& 33–15–14–03.11.

Performance testing, action on applications, 

and performance and emission testing.

3/1/03 8/8/05, 70 FR 45539.

33–15–14–03.16 (One 

sentence—see explanation).

Amendment of permits ..................................... 3/1/03 1/24/06, 71 FR 3764 ........ Only one sentence was 

revised and approved 

with this action. That 

sentence reads: ‘‘In the 

event that the modification would be a major 

modification as defined 

in Chapter 33–15–15, 

the department shall follow the procedures established in Chapter 33–

15–15.’’ The remainder 

of subsection 16 was 

approved on 8/21/95 (60 

FR 43396). See above. 

33–15–14–04 .............. Permit fees (repealed) ..................................... 3/1/94 8/21/95, 60 FR 43396.

33–15–14–05 .............. Common provisions applicable to both permit 

to construct and permit to operate (repealed).

3/1/94 8/21/95, 60 FR 43396.

33–15–14–07 .............. Source exclusion from title V permit to operate requirements.6/1/01 2/28/03, 68 FR 9565.

33–15–15 Prevention of Significant Deterioration of Air Quality 

33–15–15–01 .............. General provisions ........................................... 6/1/92 8/21/95, 60 FR 43396 ...... Excluding subsections 

1.a(3), 1.a(4), 1.c, 

1.e(4), 1.h, 1.i, 1.m, 

1.x(2)(h–k), 1.aa(2)(c), 

1.bb, 1.dd, 1.ee, 1.ff, 

4.d(3)(a), 4.j(4)(b), 1.hh, 

2, 1.x.2(d), and 4.h(3) 

which were subsequently revised and approved. See below. 

See additional interpretive 

materials cited in 56 FR 

12848, 3/28/91, regarding NOX increments and 

in 57 FR 28619, 6/26/ 

92, regarding the State’s 

commitment to meet the 

requirements of EPA’s 

‘‘Guideline on Air Quality Models (Revised).’’

Also see 40 CFR 52.1829. 

33–15–15–01. subsections: 1.a(3), 

1.a(4), 1.c, 1.e(4), 

1.h, 1.i, 1.m, 

1.x(2)(h–k), 

1.aa(2)(c), 1.bb, 

1.dd, 1.ee, & 1.ff, 

4.d(3)(a), & 4.j(4)(b).

Definitions & review of new major stationary 

sources and major modifications.

3/1/94 11/3/95, 60 FR 55792.

33–15–15–01.1.hh & 

33–15–15–01.2.

Definitions & significant deterioration of air 

quality—area designation and deterioration 

increment.

6/1/01 2/28/03, 68 FR 9565.

33–15–15–01.1.x.2(d) 

& 33–15–15–

01.4.h(3).

Definitions & review of new major stationary 

sources and major modifications.

3/1/03 8/8/05, 70 FR 45539.

33–15–15–02 .............. Reclassification ................................................ 1/1/89 8/9/90, 55 FR 32403.


rwilkins on PROD1PC63 with RULES
9270 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

STATE OF NORTH DAKOTA REGULATIONS—Continued 

State citation Title/subject 

State 

effective 

date 

EPA approval date and 

citation 1 Explanations 

33–15–17 Restriction of Fugitive Emissions 

33–15–17–01 .............. General provisions—applicability and designation of affected facilities.6/1/01 2/28/03, 68 FR 9565.

33–15–17–02 .............. Restriction of fugitive particulate emissions .... 1/1/96 4/21/97, 62 FR 19224.

33–15–17–03 .............. Reasonable precautions for abating and preventing fugitive particulate emissions.6/20/78 11/2/79, 44 FR 63102.

33–15–17–04 .............. Restriction of fugitive gaseous emissions ....... 6/20/78 11/2/79, 44 FR 63102.

33–15–18 Stack Heights 

33–15–18–01 .............. General provisions ........................................... 10/1/87 11/14/88, 53 FR 45763.

33–15–18–02 .............. Good engineering practice demonstrations ..... 10/1/87 11/14/88, 53 FR 45763.

33–15–18–03 .............. Exemptions ...................................................... 10/1/87 11/14/88, 53 FR 45763.

33–15–19 Visibility Protection 

33–15–19–01 .............. General provisions ........................................... 10/1/87 9/28/88, 53 FR 37757.

33–15–19–02 .............. Review of new major stationary sources and 

major modifications.

10/1/87 9/28/88, 53 FR 37757.

33–15–19–03 .............. Visibility monitoring .......................................... 10/1/87 9/28/88, 53 FR 37757.

33–15–20 Control of Emissions From Oil and Gas Well Production Facilities 

33–15–20–01 .............. General provisions ........................................... 6/1/92 8/21/95, 60 FR 43396.

33–15–20–02 .............. Registration and reporting requirements ......... 6/1/92 8/21/95, 60 FR 43396.

33–15–20–03 .............. Prevention of significant deterioration applicability and source information requirements.6/1/92 8/21/95, 60 FR 43396.

33–15–20–04 .............. Requirements for control of production facility 

emissions.

6/1/90 6/26/92, 57 FR 28619.

33–15–23 Fees 

33–15–23–01 .............. Definitions ........................................................ 8/1/95 4/21/97, 62 FR 19224.

33–15–23–02 .............. Permit to construct fees ................................... 8/1/95 4/21/97, 62 FR 19224.

33–15–23–03 .............. Minor source permit to operate fees ............... 8/1/95 4/21/97, 62 FR 19224.

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

(d) EPA-approved source-specific 

requirements. 

Name of source Nature of requirement 

State 

effective 

date 

EPA approval date and 

citation 2 Explanations 

—Tesoro Mandan Refinery 

—Leland Olds Station Units 1 & 2 

—Milton R. Young Unit 1 

—Heskett Station Units 1 & 2 

—Stanton Station Unit 1 

—American Crystal Sugar at Drayton 

SIP Chapter 8, Section 8.3, Continuous 

Emission Monitoring Requirements for 

Existing Stationary Sources, including 

amendments to Permits to Operate 

and Department Order.

5/6/77 10/17/77, 42 FR 55471. 

2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

(e) EPA-approved nonregulatory 

provisions. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9271 

Name of nonregulatory SIP provision 

Applicable geographic or non-attainment area 

State submittal 

date/adopted date 

EPA approval date 

and citation 3 Explanations 

(1) Implementation Plan for the Control 

of Air Pollution for the State of North 

Dakota.

Chapters: 

1. Introduction 

2. Legal Authority 

3. Control Strategy 

4. Compliance Schedule 

5. Prevention of Air Pollution Emergency Episodes 

7. Review of New Sources and Modifications 

8. Source Surveillance 

9. Resources 

10. Inter-governmental Cooperation 

11. Rules and Regulations 

Statewide .............. Submitted: 1/24/72 

Adopted: 1/24/72 

Clarification submitted: 

6/14/73 

2/19/74 

6/26/74 

11/21/74 

4/23/75 

5/31/72, 37 FR 

10842 with all 

clarifications on 

3/2/76, 41 FR 

8956.

Excluding subsequent revisions, as 

follows: Chapters 6, 11, and 12 and 

Sections 2.11, 3.2.1, 3.7, 5.2.1, 

6.10, 6.11, 6.13, 8.3. Revisions to 

these non-regulatory provisions 

have subsequently been approved. 

See below. 

With subsequent revisions to the chapters as follows: 

(2) Revisions to SIP Chapter 8, Section 8.3................................ Submitted: 5/26/77 10/17/77, 42 FR 

55471.

(3) Revisions to SIP Chapter 2, Section 2.11................................ Submitted: 1/17/80 8/12/80, 45 FR 

53475.

(4) SIP Chapter 6, Air Quality Surveillance................................ Submitted: 1/17/80 8/12/80, 45 FR 

53475.

(5) Revisions to SIP Chapter 6, Section 6.10................................ Submitted: 1/26/88 9/28/88, 53 FR 

37757.

(6) Revisions to SIP Chapter 3, Section 3.7................................ Submitted: 4/18/89 10/5/89, 54 FR 

41094.

(7) Revisions to SIP Chapter 3, Section 3.2.1................................ Submitted: 4/18/89 8/9/90, 55 FR 

32403.

(8) Revisions to SIP Chapter 5, Section 5.2.1................................ Submitted: 4/18/89 8/9/90, 55 FR 

32403.

(9) Revisions to SIP Chapter 6, Section 6.11................................ Submitted: 4/18/89 8/9/90, 55 FR 

32403.

(10) Revisions to SIP Chapter 6, Section 6.13................................ Submitted: 1/9/96 4/21/97, 62 FR 

19224.

(11) Revisions to Chapter 11, Rules & 

Regulations.

............................... ............................... ............................... See the table listed above under 

§ 52.1820 (c)(1) for most current 

version of EPA-approved North Dakota regulations. 

(12) SIP to meet Air Quality Monitoring 

40 CFR part 58, subpart c, paragraph 58.20 and public notification 

required under section 127 of the 

Clean Air Act.

Statewide .............. Submitted: 1/17/80 8/12/80, 45 FR 

53475.

(13) Stack Height Demonstration Analysis.Statewide .............. Submitted: 4/18/86 

and 7/21/87.

6/7/89, 54 FR 

24334.

(14) Visibility New Source Review and 

Visibility Monitoring.

Statewide .............. Submitted: 1/26/88 9/28/88, 53 FR 

37757.

(15) Commitment to revise stack height 

rules in response to NRDC v. Thomas, 838 F.2d 1224 (DC Cir. 1988).

Statewide .............. Submitted: 5/11/88 11/14/88, 53 FR 

45763.

See also 40 CFR 52.1832. 

(16) Visibility General Plan and Longterm Strategy.Statewide .............. Submitted: 4/18/89 10/5/89, 54 FR 

41094.

See also 40 CFR 52.1831. 

(17) Group III PM10 SIP ....................... Statewide .............. Submitted: 4/18/89 8/9/90, 55 FR 

32403.

See additional interpretive materials 

cited in 55 FR 32403, 8/9/90. 

(18) Commitment to meet all requirements of EPA’s Guideline on Air 

Quality Models (revised) for air quality modeling demonstrations associated with the permitting of new PSD 

sources, PSD major modifications, 

and sources to be located in nonattainment areas.

Statewide .............. Submitted: 2/14/92 6/26/92, 57 FR 

28619.

See additional interpretive materials 

cited in 57 FR 28619, 6/26/92. Also 

see 40 CFR 52.1824. 

(19) Small Business Assistance Program (SIP Chapter 12).Statewide .............. Submitted: 11/2/92 

and 1/18/93.

1/11/94, 59 FR 

1485.

See additional interpretive materials 

cited in 59 FR 1485, 1/11/94. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 


rwilkins on PROD1PC63 with RULES
9272 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

[FR Doc. E7–3314 Filed 2–28–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

022607B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 ft (18.3 

m) LOA Using Jig or Hook-and-Line 

Gear in the Bogoslof Pacific Cod 

Exemption Area 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 ft (18.3 meters (m)) length 

overall (LOA) using jig or hook-and-line 

gear in the Bogoslof Pacific cod 

exemption area of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the limit of Pacific 

cod for catcher vessels less than 60 ft 

(18.3 m) LOA using jig or hook-and-line 

gear in the Bogoslof Pacific cod 

exemption area in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 26, 2007, through 

2400 hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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. 

In accordance with 

§ 679.22(a)(7)(i)(C)(1) and (2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that 113 metric tons of 

Pacific cod have been caught by catcher 

vessels less than 60 ft (18.3 m) LOA 

using jig or hook-and-line gear in the 

Bogoslof exemption area described at 

§ 679.22(a)(7)(i)(C)(1). Consequently, the 

Regional Administrator is prohibiting 

directed fishing for Pacific cod by 

catcher vessels less than 60 ft (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area. 

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 cod by 

catcher vessels less than 60 ft (18.3 m) 

LOA using jig or hook-and-line gear in 

the Bogoslof Pacific cod exemption area. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 23, 

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 section 

679.22 and is exempt from review under 

Executive Order 12866. 

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

Dated: February 26, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–933 Filed 2–26–07; 2:24 pm] 

BILLING CODE 3510–22–S 


rwilkins on PROD1PC63 with RULES