Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50995 

South Carolina Ozone (8-Hour 

Standard) 

* * * * * * * 

2Early Action Compact Area, effective 

date deferred until December 31, 2006. 

* * * * * 

■ 8. In §81.343, the table entitled 

‘‘Tennessee–Ozone (8-Hour Standard)’’

is amended by revising footnote 2 to 

read as follows: 

§ 81.343 Tennessee. 

* * * * * 

Tennessee Ozone (8-Hour Standard) 

* * * * * * * 

2Early Action Compact Area, effective 

date deferred until December 31, 2006. 

* * * * * 

■ 9. In §81.344, the table entitled 

‘‘Texas–Ozone (8-Hour Standard)’’ is 

amended by revising footnote 2 to read 

as follows: 

§ 81.344 Texas. 

* * * * * 

Texas Ozone (8-Hour Standard) 

* * * * * * * 

2Early Action Compact Area, effective 

date deferred until December 31, 2006. 

* * * * * 

■ 10. In §81.347, the table entitled 

‘‘Virginia–Ozone (8-Hour Standard)’’ is 

amended by revising footnote 2 to read 

as follows: 

§ 81.347 Virginia. 

* * * * * 

Virginia Ozone (8-Hour Standard) 

* * * * * * * 

2Early Action Compact Area, effective 

date deferred until December 31, 2006. 

* * * * * 

■ 11. In §81.349, the table entitled 

‘‘West Virginia–Ozone (8-Hour 

Standard)’’ is amended by revising 

footnote 2 to read as follows: 

§ 81.349 West Virgina. 

* * * * * 

West Virginia Ozone (8-Hour Standard) 

* * * * * * * 

2Early Action Compact Area, effective 

date deferred until December 31, 2006. 

* * * * * 

[FR Doc. 05–17038 Filed 8–26–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

082305B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole 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; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of yellowfin sole in the Bering Sea and 

Aleutian Islands management area 

(BSAI). NMFS is requiring that catch of 

yellowfin sole in this area be treated in 

the same manner as prohibited species 

and discarded at sea with a minimum of 

injury. This action is necessary because 

the 2005 total allowable catch (TAC) of 

yellowfin sole in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 24, 2005, until 2400 

hrs, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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. 

The 2005 TAC of yellowfin sole in the 

BSAI was established as 83,883 metric 

tons by the 2005 and 2006 final harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005) 

and the apportionment of the nonspecified reserve to the yellowfin sole 

TAC on July 28, 2005 (70 FR 43644, July 

28, 2005). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the yellowfin sole 

TAC in the BSAI has been reached. 

Therefore, NMFS is requiring that 

further catches of yellowfin sole in the 

BSAI be treated as a prohibited species 

in accordance with § 679.21(b). 

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 a 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 prohibition of retention of 

yellowfin sole in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 22, 2005. 

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: August 23, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17141 Filed 8–24–05; 2:52 pm] 

BILLING CODE 3510–22–S