21886 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(6) Reopener Language: (A) If, at any time after disposal of the

delisted waste, BMW possesses or is otherwise made aware of any

environmental data (including but not limited to leachate data or

groundwater monitoring data) or any other data relevant to the

delisted waste indicating that any constituent identified in the

delisting verification testing is at a level higher than the delisting

level allowed by EPA in granting the petition, BMW must report the

data, in writing, to EPA within 10 days of first possessing or being

made aware of that data. (B) If the testing of the waste, as required

by Condition (2)(B), does not meet the delisting requirements of

Condition (1), BMW must report the data, in writing, to EPA within

10 days of first possessing or being made aware of that data. (C)

Based on the information described in paragraphs (6)(A) or (6)(B)

and any other information received from any source, EPA will make

a preliminary determination as to whether the reported information

requires that EPA take action to protect human health or the environment. Further action may include suspending or revoking the exclusion, or other appropriate response necessary to protect human

health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the

facility in writing of the action believed necessary to protect human

health and the environment. The notice shall include a statement of

the proposed action and a statement providing BMW with an opportunity to present information as to why the proposed action is not

necessary. BMW shall have 10 days from the date of EPA’s notice

to present such information.

(E) Following the receipt of information from BMW, as described in

paragraph (6)(D), or if no such information is received within 10

days, EPA will issue a final written determination describing the

Agency actions that are necessary to protect human health or the

environment, given the information received in accordance with

paragraphs (6)(A) or (6)(B). Any required action described in EPA’s

determination shall become effective immediately, unless EPA provides otherwise.

(7) Notification Requirements: BMW must provide a one-time written

notification to any State Regulatory Agency in a State to which or

through which the delisted waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of

the delisting conditions and a possible revocation of the decision to

delist.

*******

[FR Doc. 01–10991 Filed 5–1–01; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

042701B]

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: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

shallow-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA), except for vessels fishing for

pollock using pelagic trawl gear in those

portions of the GOA open to directed

fishing for pollock. This action is

necessary because the second seasonal

apportionment of the 2001 halibut

bycatch allowance specified for the

trawl shallow-water species fishery in

the GOA has been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 27, 2001, until 1200

hrs, A.l.t., June 10, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 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 Pacific halibut bycatch allowance

for the GOA trawl shallow-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(A), was established by

the Final 2001 Harvest Specifications

and Associated Management Measures

for the Groundfish Fisheries Off Alaska

(66 FR 7276, January 22, 2001) for the

second season, the period April 1, 2001,

through June 10, 2001, as 100 metric

tons.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS, has determined that the second

seasonal apportionment of the 2001

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 21887

Pacific halibut bycatch allowance

specified for the trawl shallow-water

species fishery in the GOA has been

caught. Consequently, NMFS is

prohibiting directed fishing for species

included in the shallow-water species

fishery by vessels using trawl gear in the

GOA, except for vessels fishing for

pollock using pelagic trawl gear in those

portions of the GOA open to directed

fishing for pollock. The species and

species groups that comprise the

shallow-water species fishery are:

Pollock, Pacific cod, shallow-water

flatfish, flathead sole, Atka mackerel,

and ‘‘other species.’’

Maximum retainable bycatch amounts

may be found in the regulations at §

679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds that the need to immediately

implement this action to prevent

exceeding the second seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl shallow-water species fishery

in the GOA constitutes 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) and 50 CFR

679.20(b)(3)(iii)(A), as such procedures

would be unnecessary and contrary to

the public interest. Similarly, the need

to implement these measures in a timely

fashion to prevent exceeding the second

seasonal apportionment of the 2001

Pacific halibut bycatch allowance

specified for the trawl shallow-water

species fishery in the GOA constitutes

good cause to find that the effective date

of this action cannot be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

hereby waived.

This action is required by § 679.21

and is exempt from review under

Executive Order 12866.

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

Dated: April 27, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11002 Filed 4–27–01; 4:19 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

042701A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bering Sea and Aleutian

Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

second seasonal apportionment of the

2001 Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 27, 2001, until 1200

hrs, A.l.t., July 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

BSAI exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands 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.

The second seasonal apportionment

of the 2001 halibut bycatch allowance

specified for the BSAI trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category, which is defined at

§ 679.21(e)(3)(iv)(B)(2), is 179 metric

tons (66 FR 7276, January 22, 2001).

In accordance with § 679.21(e)(7)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2001 halibut

bycatch allowance specified for the

trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery in the BSAI has been

caught. Consequently, the Regional

Administrator is closing directed fishing

for species in the rock sole/flathead

sole/‘‘other flatfish’’ fishery category by

vessels using trawl gear in the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds that the need to immediately

implement this action to avoid

exceeding the halibut bycatch allowance

for rock sole/flathead sole/‘‘other

flatfish’’ fishery category constitutes

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) and 50 CFR

679.20(b)(3)(iii)(A), as such procedures

would be unnecessary and contrary to

the public interest. Similarly, the need

to implement these measures in a timely

fashion to avoid exceeding the halibut

bycatch allowance for rock sole/flathead

sole/‘‘other flatfish’’ fishery category

constitutes good cause to find that the

effective date of this action cannot be

delayed for 30 days. Accordingly, under

5 U.S.C. 553(d), a delay in the effective

date is hereby waived.

This action is required by 50 CFR

679.21 and is exempt from review under

Executive Order 12866.

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

Dated: April 27, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11003 Filed 4–27–01; 4:19 pm]

BILLING CODE 3510–22–S