Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 5061

corrects a typographical error to the 

existing transportation equipment 

cleaning effluent limitations guidelines. 

Thus, Executive Order 13175 does not 

apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (see 62 FR 

19885, April 23, 1997) applies to any 

rule that: (1) Is determined to be 

‘‘economically significant’’ as defined 

under Executive Order 12866; and (2) 

concerns an environmental health or 

safety risk that EPA has reason to 

believe may have a disproportionate 

affect on children. If the regulatory 

action meets both criteria, the Agency 

must evaluate the environmental health 

or safety effects of the planned rule on 

children, and explain why the planned 

regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Order has 

the potential to influence the regulation. 

This direct final rule is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’

(see 66 FR 28355 (May 22, 2001)) 

because it is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 requires that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not exclude 

persons (including populations) from 

participation in, deny persons 

(including populations) the benefits of, 

or subject persons (including 

populations) to discrimination under, 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

Since this action does not establish 

any new regulatory requirements but 

merely corrects a typographical error to 

the existing transportation equipment 

cleaning effluent guidelines, there are 

no environmental justice implications of 

today’s action. 

K. Congressional Review Act 

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). This rule 

will be effective on May 2, 2005.

List of Subjects in 40 CFR Part 442 

Environmental protection, Barge 

cleaning, Rail tank cleaning, Tank 

cleaning, Transportation equipment 

cleaning, Waste treatment and disposal, 

Water pollution control.

Dated: January 26, 2005. 

Stephen L. Johnson, 

Deputy Administrator.

■ 40 CFR part 442 is amended as follows:

PART 442—AMENDED

■ 1. The authority citation for part 442 

continues to read as follows:

Authority: 33 U.S.C. 1311, 1314, 1316, 

1317, 1318, 1342 and 1361.

■ 2. Section 442.16 is amended by 

revising paragraph (b) introductory text 

to read as follows:

§ 442.16 Pretreatment standards for new 

sources (PSNS).

* * * * *

(b) As an alternative to achieving 

PSNS as defined in paragraph (a) of this 

section, any new source subject to 

paragraph (a) of this section may have 

a pollution prevention allowable 

discharge of wastewater pollutants, as 

defined in § 442.2, if the source agrees 

to a control mechanism with the control 

authority as follows:

* * * * *

[FR Doc. 05–1862 Filed 1–31–05; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 001005281–0369–02; I.D. 

012105B]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial 

run-around gillnet fishery for king 

mackerel in the exclusive economic 

zone (EEZ) in the southern Florida west 

coast subzone. This closure is necessary 

to protect the Gulf king mackerel 

resource.

DATES: The closure is effective 6 a.m., 

local time, Friday, January 28, 2005, 

through 6 a.m., January 17, 2006.

FOR FURTHER INFORMATION CONTACT:

Steve Branstetter, telephone: 727–570–

5305, fax: 727–570–5583, e-mail: 

Steve.Branstetter@noaa.gov.

5062 Federal Register / Vol. 70, No. 20 / Tuesday, February 1, 2005 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) 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. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. On April 27, 2000, 

NMFS implemented the final rule (65 

FR 16336, March 28, 2000) that divided 

the Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota implemented for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). That quota is 

further divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

(50 CFR 622.42(c)(1)(i)(A)(2)(i)).

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register for public inspection. NMFS 

has determined that the commercial 

quota of 520,312 lb (236,010 kg) for Gulf 

group king mackerel for vessels using 

run-around gillnet gear in the southern 

Florida west coast subzone was reached 

on Thursday, January 27, 2005. 

Accordingly, the commercial fishery for 

king mackerel for such vessels in the 

southern Florida west coast subzone is 

closed at 6 a.m., local time, Friday, 

January 28, 2005, through 6 a.m., 

January 17, 2006, the beginning of the 

next fishing season, i.e., the day after 

the 2006 Martin Luther King Jr. Federal 

holiday.

The Florida west coast subzone is that 

part of the eastern zone south and west 

of 25°20.4′ N. lat. (a line directly east 

from the Miami-Dade County, FL, 

boundary). The Florida west coast 

subzone is further divided into northern 

and southern subzones. The southern 

subzone is that part of the Florida west 

coast subzone which from November 1 

through March 31 extends south and 

west from 25°20.4′ N. lat. to 26°19.8′ N. 

lat.(a line directly west from the Lee/

Collier County, FL, boundary), i.e., the 

area off Collier and Monroe Counties. 

From April 1 through October 31, the 

southern subzone is that part of the 

Florida west coast subzone which is 

between 26°19.8′ N. lat. and 25°48′ N. 

lat.(a line directly west from the 

Monroe/Collier County, FL, boundary), 

i.e., the area off Collier County.

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 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 harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

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 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: January 27, 2005.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 05–1802 Filed 1–27–05; 1:47 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041202339–4339–01; I.D. 

012705A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of 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 pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the first seasonal allowance of the 

pollock interim total allowable catch 

(TAC) for Statistical Area 630 of the 

GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 29, 2005, until 

superseded by the notice of 2005 and 

2006 final harvest specifications of 

groundfish for the GOA, which will be 

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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 first seasonal allowance of the 

pollock interim TAC for Statistical Area 

630 of the GOA is 3,091 metric tons (mt) 

as established by the interim harvest 

specifications for groundfish of the GOA 

(69 FR 74455, December 14, 2004).

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the first seasonal 

allowance of the pollock interim TAC in 

Statistical Area 630 will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,891 mt, and is 

setting aside the remaining 200 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed