Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 57517 

the Executive Order has the potential to 

influence the regulation. The direct final 

rule amendments are not subject to 

Executive Order 13045 because they are 

not ‘‘economically significant’’ and are 

based on technology performance and 

not on health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

The direct final rule amendments are 

not subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001) because they are not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995, Public Law 104–

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. The VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, business practices) that are 

developed or adopted by VCS bodies. 

The NTTAA directs EPA to provide 

Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable VCS. 

The direct final rule amendments do 

not involve technical standards. 

Therefore, EPA did not consider the use 

of any VCS. 

J. 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. The EPA will 

submit a report containing the direct 

final rule and other required 

information to the United States Senate, 

the United States House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the direct final rule in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. The 

direct final rule amendments are not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). The direct final rule 

amendments are effective on December 

2, 2005. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: September 27, 2005. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart RRR—[Amended] 

■ 2. Section 63.1503 is amended by 

revising the definition of ‘‘Clean charge’’

to read as follows: 

§ 63.1503 Definitions. 

* * * * * 

Clean charge means furnace charge 

materials, including molten aluminum; 

T-bar; sow; ingot; billet; pig; alloying 

elements; aluminum scrap known by 

the owner or operator to be entirely free 

of paints, coatings, and lubricants; 

uncoated/unpainted aluminum chips 

that have been thermally dried or 

treated by a centrifugal cleaner; 

aluminum scrap dried at 343 °C (650 °F) 

or higher; aluminum scrap delacquered/ 

decoated at 482 °C (900 °F) or higher, 

and runaround scrap. 

* * * * * 

■ 3. Section 63.1505 is being amended 

by revising the first sentence of 

paragraph (e) introductory text to read 

as follows: 

§ 63.1505 Emission standards for affected 

sources and emission units. 

* * * * * 

(e) Scrap dryer/delacquering kiln/ 

decoating kiln: alternative limits. The 

owner or operator of a scrap dryer/ 

delacquering kiln/decoating kiln may 

choose to comply with the emission 

limits in this paragraph (e) as an 

alternative to the limits in paragraph (d) 

of this section if the scrap dryer/ 

delacquering kiln/decoating kiln is 

equipped with an afterburner having a 

design residence time of at least 1 

second and the afterburner is operated 

at a temperature of at least 760 °C (1400 

°F) at all times. * * * 

* * * * * 

[FR Doc. 05–19713 Filed 9–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 050613158–5237–02; I.D. 

090105A] 

RIN 0648–AT48 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Extension 

of Emergency Fishery Closure Due to 

the Presence of the Toxin That Causes 

Paralytic Shellfish Poisoning 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action; extension of effective period. 

SUMMARY: The regulations contained in 

the temporary rule, emergency action, 

published on September 9, 2005, at the 

request of the U.S. Food and Drug 

Administration (FDA), continue through 

December 31, 2005. In that action NMFS 

reopened a portion of Federal waters of 

the Gulf of Maine, Georges Bank, and 

southern New England that it had 

previously closed from June 14, 2005, 

through September 30, 2005, to the 

harvest for human consumption of 

certain bivalve molluscan shellfish due 

to the presence in those waters of the 

toxin that causes Paralytic Shellfish 

Poisoning (PSP). The FDA has 

determined that there is insufficient 

analytical data to support the scheduled 

reopening of the entire area to all 

bivalve molluscan shellfish fishing on 

October 1, 2005. 

DATES: The temporary emergency action 

published September 9, 2005 (70 FR 

53580), is effective from September 9, 

2005, through December 31, 2005. 

ADDRESSES: Copies of the small entity 

compliance guide prepared for the 

September 9, 2005, emergency action 

are available from Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930. 

The small entity compliance guide/ 

permit holder letter is also accessible 

via the Internet at http:// 

www.nero.noaa.gov. Copies of the 

September 9, 2005, emergency action 

are available from Patricia A. Kurkul, at 

the mailing address specified above. 

FOR FURTHER INFORMATION CONTACT: E. 

Martin Jaffe, Fishery Policy Analyst, 

(978) 281–9272. 

SUPPLEMENTARY INFORMATION: 

57518 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 

Background 

Toxic algal blooms are responsible for 

the marine toxin that causes PSP in 

persons consuming affected shellfish. 

People have become seriously ill and 

some have died from consuming 

affected shellfish under similar 

circumstances. 

On June 10, 2005, the FDA requested 

that NMFS issue an emergency rule to 

close an area of Federal waters to the 

harvesting of bivalve molluscan 

shellfish intended for human 

consumption because of toxic algal 

blooms off the coasts of New Hampshire 

and Massachusetts. This closure 

prohibited harvests of shellfish such as 

Atlantic surfclams and ocean quahogs, 

as well as scallop viscera. The 

emergency rule for the action, published 

in the Federal Register on June 16, 2005 

(70 FR 35047), stated it would be in 

effect from June 14 through September 

30, 2005, unless extended. The 

emergency rule was modified on July 7, 

2005 (70 FR 39192) to allow for the 

collection of biological samples by 

commercial fishing vessels issued a 

Letter of Authorization signed by the 

Regional Administrator. 

The action temporarily closed all 

Federal waters of the Exclusive 

Economic Zone of the northeastern 

United States to any bivalve molluscan 

shellfish harvesting, except for Atlantic 

sea scallops shucked at sea for their 

adductor muscles, in the area bound by 

the following coordinates in the order 

stated: (1) 43°00′ N. lat., 71°00′ W. long.; 

(2) 43°00′ N. lat., 69° 00′ W. long.; (3) 

40°00′ N. lat., 69°00′ W. long.; (4) 40°00′ 

N. lat., 71°00′ W. long., and then ending 

at the first point. The scallop adductor 

muscle, or ‘‘meat,’’ is unaffected by the 

toxin. Further details of the original 

closure may be found in the June 16, 

2005, and the July 7, 2005, Federal 

Register rules, and are not repeated 

here. 

As a result of tests conducted by the 

FDA in cooperation with NMFS and the 

fishing industry, it was determined that 

toxin levels in a portion of the closure 

area (described below) were well below 

those known to cause human illness. 

With the exception of whole and roe-on 

scallops, the FDA determined that 

harvesting of bivalve molluscan 

shellfish for human consumption from 

the area described was once again safe. 

At the FDA’s request, on September 9, 

2005, NMFS reopened those waters 

south of 41°39′ N. lat., west of 69°00′ W. 

long., north of 40°00′ N. lat., and east of 

71°00′ W. long. (70 FR 53580). Because 

scallop viscera and roe are capable of 

retaining PSP toxins longer than other 

species of molluscan shellfish, scallop 

harvesting was only permitted in the 

reopened area for the purpose of 

shucking of the adductor muscle. 

In the absence of further notice from 

the FDA, the entire temporary closure 

would have expired on October 1, 2005. 

At this time, however, the FDA has 

insufficient analytical data to support 

the scheduled reopening of the entire 

area to all bivalve molluscan shellfish 

on October 1, 2005, and has requested 

that NMFS continue the regulations 

through December 31, 2005. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, 16 U.S.C. 1855(c). 

The original emergency closure was 

in response to a public health 

emergency. Pursuant to section 

305(c)(3)(C) of the Act, the closure to the 

harvest of shellfish, as modified on 

September 9, 2005, may remain in effect 

until the circumstances that created the 

emergency no longer exist, provided 

that the public has an opportunity to 

comment after the regulation is 

published, and, in the case of a public 

health emergency, the Secretary of 

Health and Human Services concurs 

with the Commerce Secretary’s action. 

The public had opportunities to 

comment on the published regulations 

and one comment was received. The 

commenter expressed her reluctance to 

agree with reopening a portion of the 

closure without seeing the results of the 

FDA’s tests. While NMFS is the agency 

with authority to promulgate the 

emergency regulations, it modified the 

regulations on September 9, 2005, at the 

behest of the FDA after the FDA had 

determined that the results of its tests 

warranted such action. Accordingly, the 

Secretary of Health and Human Services 

and the Secretary of Commerce concur 

that the emergency regulations, as 

modified, should continue through 

December 31, 2005. Subsequently, if 

warranted, the regulations may be 

terminated at an earlier date, pursuant 

to section 305(c)(3)(D), by publication in 

the Federal Register of a notice of 

termination. 

The September 9, 2005, rule was 

determined to be not significant under 

Executive Order 12866. 

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

Dated: September 27, 2005. 

James W. Balsiger, 

Acting Deputy Administrator for Regulatory 

Programs,National Marine Fisheries Service. 

[FR Doc. 05–19718 Filed 9–28–05; 2:54 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

092805A] 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Aleutian District of the 

Bering Sea and Aleutian Islands 

Management Area 

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 Pacific ocean perch in the 

Western Aleutian District of the Bering 

Sea and Aleutian Islands Management 

Area (BSAI). This action is necessary to 

allow the Pacific ocean perch fishery in 

the Western Aleutian District of the 

BSAI to resume. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 28, 2005, 

through 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. 

NMFS closed directed fishing for 

Pacific ocean perch in the Western 

Aleutian District of the BSAI under 

§ 679.20(d)(1)(i) on July 18, 2005 (70 FR 

42280, July 22, 2005). 

NMFS has determined that as of 

September 26, 2005, approximately 

1,422 metric tons of Pacific ocean perch 

remain in the 2005 Pacific ocean perch 

total allowable catch (TAC) in the 

Western Aleutian District of the BSAI. 

Therefore, in accordance with 

§§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), 

and to allow the Pacific ocean perch 

fishery to resume, NMFS is terminating 

the previous closure and is reopening 

directed fishing for Pacific ocean perch 

in the Western Aleutian District of the 

BSAI.