Federal Register / Vol. 72, No. 191 / Wednesday, October 3, 2007 / Rules and Regulations 56273 

which qualify as small entities under 

the guidelines of the Small Business 

Administration. The rule will decrease 

the amount of time an applicant has to 

file the requisite proof of financial 

responsibility upon approval of 

applicant’s license application, from 

two years to 120 days. The 

modifications in the rule will simplify 

the OTI licensing application process 

and increase administrative efficiency, 

while further serving to safeguard the 

shipping public from unlicensed 

operators. The rule imposes no new or 

additional cost burden on persons 

applying for an OTI license, nor will it 

have a harmful effect on the general 

public, the U.S. economy, or any of the 

regulated entities under the jurisdiction 

of the Commission. In its NPRM, the 

Commission stated its intention to 

certify this rulemaking. No comments 

from interested parties contested the 

Commission’s certification. Thus, the 

rule is hereby certified. 

The rule contains no additional 

information collection or recordkeeping 

requirements. Therefore, the 

requirements of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

do not apply. 

List of Subjects in 46 CFR Part 515 

Common carriers, Exports, Nonvessel-operating common carriers, 

Ocean transportation intermediaries, 

Financial responsibility requirements, 

Reporting and recordkeeping 

requirements, Surety bonds. 

■ Accordingly, the Federal Maritime 

Commission amends 46 CFR part 515 as 

follows: 

PART 515—LICENSING, FINANCIAL 

RESPONSIBILITY REQUIREMENTS, 

AND GENERAL DUTIES FOR OCEAN 

TRANSPORTATION INTERMEDIARIES 

■ 1. The authority citation for part 515 

is revised to read as follows: 

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 

U.S.C. app. 1702, 1707, 1709, 1710, 1712, 

1714, 1716, and 1718 (recodified October 

2006 as 46 U.S.C. 305, 40102, 40104, 40501–

40503, 40901–40904, 41101–41106, 41107–

41109, 41301–41302, 41305–41307, 42101, 

and 42301–42307); Pub. L. 105–383, 112 Stat. 

3411; 21 U.S.C. 862. 

§ 515.5 [Amended] 

■ 2. In Sec. 515.5, remove paragraph 

(b)(3). 

■ 3. Amend Sec. 515.25(a) by removing 

the fourth sentence and revising the last 

sentence to read as follows: 

§ 515.25 Filing of proof of financial 

responsibility. 

(a) * * * Should the applicant not 

file the requisite proof of financial 

responsibility within 120 days of 

notification, the Commission will 

consider the application to be invalid. 

* * * * * 

By the Commission. 

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. E7–19464 Filed 10–2–07; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XD08 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Trawl Gear in Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is closing directed 

fishing for Pacific cod by vessels using 

trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2007 halibut 

bycatch allowance specified for the 

trawl Pacific cod fishery category in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 29, 2007, 

through 2400 hrs, A.l.t., December 31, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2007 halibut bycatch allowance 

specified for the trawl Pacific cod 

fishery category in the BSAI is 1,334 

metric tons as established by the 2007 

and 2008 final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007). 

In accordance with § 679.21(e)(7)(v), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

halibut bycatch allowance specified for 

the trawl Pacific cod fishery category in 

the BSAI has been caught. 

Consequently, NMFS is closing directed 

fishing for Pacific cod by vessels using 

trawl gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of directed fishing for 

Pacific cod by vessels using trawl gear 

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 September 27, 2007. 

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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: September 27, 2007. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4894 Filed 9–28–07; 2:30 pm] 

BILLING CODE 3510–22–S 


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