Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 12897 

Name of source Permit number/type State effective date 

EPA approval date Additional explanation 

(PEPCO)—Chalk Point Units #1 

and #2.

#49352 Amended Consent Order ... 1/27/78 4/2/79; 44 

FR 19192 

52.1100(c)(22); FRN republished 5/ 

3/79 (44 FR 25840). 

Potomac Electric Power Company 

(PEPCO)—Dickerson.

#49352 Amended Consent Order ... 7/26/78 12/6/79; 44 

FR 70141 

52.1100(c)(25). 

Beall Jr./Sr. High School ................. Consent Order ................................. 1/30/79 3/18/80; 45 

FR 17144 

52.1100(c)(26). 

Mt. Saint Mary’s College ................. Consent Order ................................. 3/8/79 3/18/80; 45 

FR 17144 

52.1100(c)(26). 

Potomac Electric Power Company 

(PEPCO)—Chalk Point.

Secretarial Order ............................. 7/19/79 9/3/80; 45 

FR 58340 

52.1100(c)(34). 

Maryland Slag Co ............................ Consent Agreement (Order) ............ 10/31/80 9/8/81; 41 

FR 44757 

52.1100(c)(49). 

Northeast Maryland Waste Disposal 

Authority.

Secretarial Order ............................. 11/20/81 7/7/82; 47 

FR 29531 

52.1100(c)(65) (Wheelabrator-Frye, 

Inc.). 

Northeast Maryland Waste Disposal 

Authority and Wheelabrator-Frye, 

Inc. and the Mayor and City 

Council of Baltimore and BEDCO 

Development Corp.

Secretarial Order ............................. 2/25/83 8/24/83; 45 

FR 55179 

52.1100(c)(70) (Shutdown of landfill 

for offsets). 

Westvaco Corp ................................ Consent Order ................................. 9/6/83; Rev. 

1/26/84 

12/20/84; 49 

FR 49457 

52.1100(c)(74). 

Potomac Electric Power Company(PEPCO).Administrative Consent Order ......... 9/13/99 12/15/00; 65 

FR 78416 

52.1100(c)(151). 

Thomas Manufacturing Corp ........... Consent Decree ............................... 2/15/01 11/15/01; 66 

FR 57395 

52.1100(c)(167). 

Constellation Power Source Generation, Inc.-Brandon Shores 

Units #1 & 2; Gould Street Unit 

#3; H.A. Wagner Units #1, 2, 3 & 

4; C.P. Crane Units #1 & 3; and 

Riverside Unit #4.

Consent Order and NOX RACT 

Averaging Plan Proposal.

4/25/01 2/27/02; 67 

FR 8897 

52.1100(c)(168). 

Kaydon Ring and Seal, Inc .............. Consent Order ................................. 3/5/04 8/31/04; 69 

FR 53002 

(c)(190); SIP effective date is 11/1/ 

04. 

Perdue Farms, Inc ........................... Consent Order ................................. 2/1/05 1/11/07; 72 

FR 1291 

52.1070(d)(1). 

* * * * * 

[FR Doc. E8–4566 Filed 3–10–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XG19 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 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 

610 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the A 

season allowance of the 2008 total 

allowable catch (TAC) of pollock 

specified for Statistical Area 610 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 7, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 21, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XG19, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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. 

The 2008 pollock TAC specified for 

vessels in Statistical Area 610 in the 

GOA is 3,322 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 


yshivers on PROD1PC62 with RULES
12898 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations 

the GOA (73 FR 10562, February 27, 

2008). 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

January 22, 2008 (73 FR 4493, January 

25, 2008). The fishery reopened on 

March 3, 2008 for 24 hours (73 FR 

12031, March 6, 2008). 

As of March 4, 2008, NMFS has 

determined that approximately 3,050 mt 

of pollock remain in the directed fishing 

allowance in Statistical Area 610 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 A 

season allowance of the 2008 TAC of 

pollock in Statistical Area 610, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 610 of the GOA, 

effective 1200 hrs, A.l.t., March 7, 2008. 

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) and 50 CFR 

679.25(c)(1)(ii) 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 Area 610 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 4, 

2008. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 610 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

March 21, 2008. 

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: March 6, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1001 Filed 3–6–08; 2:55 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070816465–8008–02] 

RIN 0648–AV96 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Prohibited Species 

Bycatch Management 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

repeal regulations providing for a 

groundfish vessel incentive program 

(VIP) that was designed to reduce the 

rate at which Pacific halibut and red 

king crab are taken as incidental catch 

in Alaska groundfish trawl fisheries. 

The VIP has not performed as intended 

because of the costs associated with 

implementation and enforcement, the 

relatively small number of vessels 

covered by the regulation, and the 

implementation of more effective 

bycatch reduction programs. This action 

is necessary to reduce a regulatory 

burden on the industry and to reduce 

the administrative costs necessary to 

support a program no longer considered 

an effective means to reduce bycatch 

rates. 

DATES: Effective April 10, 2008. 

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) 

prepared for this action are available on 

the Alaska Region Web site at http:// 

www.fakr.noaa.gov. Printed copies can 

be obtained from the Alaska Region, 

NMFS, P.O. Box 21668, Juneau, AK 

99802, Attn: Ellen Sebastian. 

FOR FURTHER INFORMATION CONTACT: Ben 

Muse, 907–586–7228, or 

ben.muse@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the U.S. groundfish 

fisheries of the exclusive economic zone 

off Alaska under the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMPs). The North 

Pacific Fishery Management Council 

(Council) prepared the FMPs pursuant 

to the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

implementing the FMPs appear at 50 

CFR part 679. General regulations that 

pertain to U.S. fisheries appear at 

subpart H of 50 CFR part 600. 

Fisheries off Alaska targeting 

groundfish incidentally catch other 

species. Some of these non-groundfish 

species are themselves the objects of 

valuable targeted fisheries and retention 

of these species is prohibited in the 

groundfish fishery. These prohibited 

species include Pacific halibut, Chinook 

and ‘‘other’’ salmon, several crab 

species, and herring. Measures to 

restrict the catch of these species have 

been incorporated into the FMPs and 

regulations at 50 CFR part 679. Among 

these measures are prohibited species 

catch (PSC) limits that restrict the 

amount of a prohibited species that may 

be taken incidentally in a groundfish 

fishery. Groundfish fisheries are 

routinely closed in all or part of a 

management area when a PSC limit is 

reached. These closures are expensive 

for industry because they mean that 

valuable groundfish are left 

unharvested. 

Section 3.6.4 of the Gulf of Alaska 

(GOA) FMP authorizes regulations to 

reduce halibut bycatch rates in fisheries 

subject to halibut PSC limits to increase 

the opportunity to fish groundfish total 

allowable catches (TACs) before 

established PSC limits are reached. 

Section 3.6.4 of the Bering Sea and 

Aleutian Island (BSAI) FMP allows for 

implementation of regulatory measures 

to provide incentives to individual 

vessels to reduce bycatch rates of 

prohibited species for which PSC limits 

are established. While the GOA 

provisions are limited to halibut, the 

BSAI provisions authorize the creation 

of incentive programs to reduce the 

bycatch of red king crab, as well as 

halibut. 

Vessel Incentive Program 

Regulations at 50 CFR 679.21(f) 

implement a vessel incentive program 

(VIP) under the authority of the FMPs. 

The program creates incentives for 

individual groundfish trawl operators to 

reduce their incidental catch rates of 

halibut and red king crab by imposing 

penalties on operators whose incidental 

catch rates exceed specified standards. 

Under the program, the Alaska Regional 


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