56138 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Rules and Regulations 

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 document 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 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 

action will be effective November 25, 

2005. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Incorporation-byReference, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: September 19, 2005. 

Robert E. Roberts, 

Regional Administrator, Region 8. 

[FR Doc. 05–19136 Filed 9–23–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126333–5040–02; I.D. 

092105A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Areas 620 and 630 of 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 pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 24 

hours and opening directed fishing for 

pollock in Statistical area 620 of the 

GOA. This action is necessary to fully 

use the C season allowance of the 2005 

total allowable catch (TAC) of pollock 

specified for Statistical Areas 620 and 

630. 

DATES: Opening directed fishing for 

pollock in Statistical area 630 of the 

Gulf of Alaska: Effective 1200 hrs, 

Alaska local time (A.l.t.), September 22, 

2005, through 1200 hrs, A.l.t., 

September 23, 2005. Opening directed 

fishing for pollock in Statistical area 620 

of the Gulf of Alaska: Effective 1200 hrs, 

A.l.t., September 22, 2005, through 1200 

hrs, A.l.t., October 1, 2005. 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on August 

27, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 630 of the 

GOA for 48 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005) and 

for 24 hrs on September 15, 2005 (70 FR 

55305, September 21, 2005). 

NMFS has determined that 

approximately 1,550 mt of pollock 

remain in the directed fishing allowance 

for Statistical Area 630 of the GOA. 

Therefore, in accordance with 

679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 24 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA effective 1200 hrs, A.l.t., 

September 23, 2005. 

NMFS closed the directed fishery for 

pollock in Statistical Area 620 of the 

GOA under § 679.20(d)(1)(iii) on August 

29, 2005 (70 FR 51300, August 30, 

2005). NMFS opened directed fishing 

for pollock in Statistical Area 620 of the 

GOA for 96 hrs on September 8, 2005 

(70 FR 53971, September 13, 2005) and 

for 96 hrs on September 15, 2005 (70 FR 

55305, September 21, 2005). 

NMFS has determined that 

approximately 3,900 mt of pollock 

remain in the directed fishing allowance 

for Statistical Area 620 of the GOA. 

Therefore, in accordance with 

679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the C 

season allowance of the 2005 TAC of 

pollock in Statistical area 620, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 620 of the 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 

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 opening of pollock in 

Statistical Areas 620 and 630 of the 

GOA. NMFS was unable to publish a an 

action providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 19, 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 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: September 21, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–19168 Filed 9–21–05; 2:17 pm] 

BILLING CODE 3510–22–S