Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations 62415 

Petitioner Date of 

petition to EPA 

Petition: Document 

No. in docket 

Date of EPA 

response 

EPA response: 

Document No. 

in docket 

State of Connecticut ................................................................ 2/15/2005 ¥0756 ....................... 12/5/2005 ¥0765. 

Commonwealth of Virginia ....................................................... 2/18/2005 ¥0665 ....................... 12/5/2005 ¥0757. 

State of Maryland ..................................................................... 2/22/2005 ¥0666 and ¥0667 ... 12/5/2005 ¥0758. 

Guilford County, NC ................................................................. 2/22/2005 ¥0677 ....................... 12/5/2005 ¥0759 and ¥0759.1. 

State of North Carolina ............................................................ 2/22/2005 ¥0676 ....................... 12/5/2005 ¥0760. 

State of Alabama ..................................................................... 1/20/2005 ¥0672 ....................... 12/5/2005 ¥0761. 

State of Georgia ....................................................................... 2/22/2005 ¥0673 ....................... 12/5/2005 ¥0762. 

Southwestern PA Growth Alliance ........................................... 3/4/2005 ¥0766, 0766.15, 

0766.16, 0766.17.

12/5/2005 ¥0763. 

Oakland County, MI (first petition) ........................................... 3/7/2005 ¥0636 ....................... 1/20/2006 ¥0740. 

State of Michigan ..................................................................... 2/22/2005 ¥0635 ....................... 1/20/2006 ¥0737. 

State of West Virginia .............................................................. 2/21/2005 ¥0661 ....................... 1/20/2006 ¥0735. 

State of Ohio ............................................................................ 2/14/2005 ¥0681 ....................... 1/20/2006 ¥0736. 

State of Georgia ....................................................................... 6/10/2005 ¥0728 thru 0728.11 1/20/2006 ¥0738. 

Dynegy Midwest Generation .................................................... 6/13/2005 ¥0721 and ¥0726 ... 1/20/2006 ¥0739. 

Midwest Ozone Group/West Virginia Chamber of Commerce 3/28/2006 ¥0744 ....................... 8/16/2007 ¥0746 and ¥0746.1. 

Oakland County, MI (second petition) ..................................... 3/21/2006 ¥0747 thru 0751 ...... 9/25/2007 ¥0764. 

All documents in the docket are listed 

on the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center (Air Docket), 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744 

and the telephone number for the Air 

Docket is (202) 566–1742. 

This Federal Register notice, the 

petitions for reconsideration, and the 

letters denying the petitions can also be 

found on EPA’s Web site http:// 

www.epa.gov/pmdesignations/regs.htm. 

The air quality designations for the fine 

particle NAAQS were published in the 

Federal Register on January 5, 2005 at 

70 FR 944. A supplemental notice was 

published in the Federal Register on 

April 14, 2005 at 70 FR 19844. 

II. Judicial Review 

Section 307(b)(1) of the Act indicates 

which Federal Courts of Appeal have 

venue for petitions for review of final 

actions by EPA. This section provides, 

in part, that petitions for review must be 

filed in the Court of Appeals for the 

District of Columbia Circuit if: (i) The 

agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final action taken, by the 

Administrator,’’ or (ii) such actions are 

locally or regionally applicable, if ‘‘such 

action is based on a determination of 

nationwide scope or effect and if in 

taking such action the Administrator 

finds and publishes that such action is 

based on such a determination.’’

The EPA has determined that its 

actions denying the petitions for 

reconsideration are of nationwide scope 

and effect for purposes of section 

307(b)(1) because EPA previously found 

that the air quality designations for the 

PM2.5 NAAQS, which establish 

designations for all areas of the United 

States, to be of nationwide scope and 

effect. Thus, any petitions for review of 

the letters denying the petitions for 

reconsideration described in this Notice 

must be filed in the Court of Appeals for 

the District of Columbia Circuit within 

60 days from the date this Notice is 

published in the Federal Register. 

Dated: October 30, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–21681 Filed 11–2–07; 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] 

RIN 0648–XC59 

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: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective from 12 

noon, local time, November 3, 2007, 

through June 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 727–824–5305, fax: 727–

824–5308, e-mail: 

Susan.Gerhart@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 


ycherry on PRODPC74 with RULES
62416 Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations 

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, NMFS implemented 

a commercial quota for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone of 1.01 

million lb (0.46 million kg) (66 FR 

17368, March 30, 2001). 

Under 50 CFR 622.43(a), 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. NMFS has determined the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached by November 3, 2007. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective 12 noon, local 

time, November 3, 2007, through June 

30, 2008, the end of the fishing year. 

The boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed zones or subzones. A person 

aboard a vessel that has a valid charter 

vessel/headboat permit for coastal 

migratory pelagic fish may continue to 

retain king mackerel in or from the 

closed zones or subzones under the bag 

and possession limits set forth in 50 

CFR 622.39(c)(1)(ii) and (c)(2), provided 

the vessel is operating as a charter 

vessel or headboat. A charter vessel or 

headboat that also has a commercial 

king mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

king mackerel from the closed zones or 

subzones that were harvested, landed 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor. 

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 

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. 

Dated: October 30, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–5461 Filed 10–30–07; 3:01 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061109296–7009–02] 

RIN 0648–XD65 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason quota 

transfer. 

SUMMARY: NMFS announces that the 

Commonwealth of Virginia is 

transferring commercial bluefish quota 

to the State of New York from its 2007 

quota. By this action, NMFS adjusts the 

quotas and announces the revised 

commercial quota for each state 

involved. 

DATES: Effective November 2, 2007 

through December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found at 50 CFR part 

648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from Florida through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.160. 

Two or more states, under mutual 

agreement and with the concurrence of 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), can 

transfer or combine bluefish commercial 

quota under § 648.160(f). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.160(f)(1) in 

the evaluation of requests for quota 

transfers or combinations. 

Virginia has agreed to transfer 200,000 

lb (90,718 kg) of its 2007 commercial 

quota to New York. The Regional 

Administrator has determined that the 

criteria set forth in § 648.160(f)(1) have 

been met. The revised bluefish quotas 

for calendar year 2007 are: New York, 

1,234,278 lb (559,859 kg); and Virginia, 

668,660 lb (303,299 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 30, 2007. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–21717 Filed 11–2–07; 8:45 am] 

BILLING CODE 3510–22–S 


ycherry on PRODPC74 with RULES