Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 5569

Register to establish the actual effective 

date or to terminate the rule.

FOR FURTHER INFORMATION CONTACT:

Dean Koppel, Assistant Administrator, 

Office of Policy and Research, (202) 

401–8150, or dean.koppel@sba.gov.

SUPPLEMENTARY INFORMATION: On 

December 20, 2004, SBA published in 

the Federal Register a final rule which, 

among other things, issued a list of 

factors for Federal agencies to consider 

in evaluating a prime contractor’s 

performance and good faith efforts to 

achieve the requirements in its 

subcontracting plan, and authorized the 

use of goals in subcontracting plans, 

and/or past performance in meeting 

such goals, as a factor in source 

selection when placing orders against 

Federal Supply Schedules, governmentwide acquisition contracts, and multiagency contracts (69 FR 75820). The 

document incorrectly stated that the 

final rule was effective on December 20, 

2004. The document did not put the 

public on notice that the final rule had 

been designated as a major rule under 

the Congressional Review Act (CRA), 

which generally requires that the 

effective date for major final rules to be 

at least 60 days from the date of 

publication in the Federal Register, or 

from the date both Houses of Congress 

receive it, whichever is later. 

On January 10, 2005, SBA published 

in the Federal Register a correction to 

the final rule to put the public on notice 

that the final rule had been designated 

as a major rule under the CRA (70 FR 

1655). The correction also stated that 

the effective date for the final rule was 

February 18, 2005, which was 60 days 

after the publication of the final rule in 

the Federal Register. When SBA 

published the correction, the Agency 

assumed that Congress had received the 

final rule before its publication in the 

Federal Register. However, Congress 

received the final rule on January 11, 

2005. Because the CRA requires the 

effective date for major final rules to be 

at least 60 days after publication or 

congressional receipt, whichever is 

later, and because congressional receipt 

was the later of the dates, SBA is 

delaying the effective date of the final 

rule until March 14, 2005.

Dated: January 25, 2005. 

Allegra F. McCullough, 

Associate Deputy Administrator for 

Government Contracting and Business 

Development.

[FR Doc. 05–1777 Filed 2–2–05; 8:45 am] 

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 001005281–0369–02; I.D. 

012705C]

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason action; trip limit 

reduction.

SUMMARY: NMFS reduces the 

commercial trip limit of Atlantic group 

Spanish mackerel in or from the 

exclusive economic zone (EEZ) in the 

southern zone to 1,500 lb (680 kg) per 

day. This trip limit reduction is 

necessary to maximize the 

socioeconomic benefits of the quota.

DATES: Effective 6 a.m., local time, 

February 1, 2005, through March 31, 

2005, unless changed by further 

notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Steve Branstetter; telephone: 727–570–

5305; fax: 727–570–5583; e-mail: 

Steve.Branstetter@noaa.gov.

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 by 

regulations at 50 CFR part 622.

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on August 2, 2000 (65 

FR 41015, July 3, 2000), NMFS 

implemented a commercial quota of 

3.87 million lb (1.76 million kg) for the 

Atlantic migratory group of Spanish 

mackerel. For the southern zone, NMFS 

specified an adjusted quota of 3.62 

million lb (1.64 million kg) calculated to 

allow continued harvest at a set rate for 

the remainder of the fishing year in 

accordance with 50 CFR 622.44(b)(2). In 

accordance with 50 CFR 

622.44(b)(1)(ii)(C), after 75 percent of 

the adjusted quota of Atlantic group 

Spanish mackerel from the southern 

zone is taken until 100 percent of the 

adjusted quota is taken, Spanish 

mackerel in or from the EEZ in the 

southern zone may be possessed on 

board or landed from a permitted vessel 

in amounts not exceeding 1,500 lb (680 

kg) per day. The southern zone for 

Atlantic migratory group Spanish 

mackerel extends from 30°42′45.6′′ N. 

lat., which is a line directly east from 

the Georgia/Florida boundary, to 

25°20.4′ N. lat., which is a line directly 

east from the Miami-Dade/Monroe 

County, FL, boundary.

NMFS has determined that 75 percent 

of the adjusted quota for Atlantic group 

Spanish mackerel from the southern 

zone has been taken. Accordingly, the 

1,500 lb (680 kg) per day commercial 

trip limit applies to Spanish mackerel in 

or from the EEZ in the southern zone 

effective 6 a.m., local time, February 1, 

2005, through March 31, 2005, unless 

changed by further notification in the 

Federal Register.

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 has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. 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 the 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.

5570 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 

Dated: January 31, 2005.

John H. Dunnigan,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 05–2057 Filed 1–31–05; 12:16 pm]

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