8332 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a State rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This proposed rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

State rule implementing a Federal 

Standard. 

In reviewing SIP submissions, EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the CAA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This proposed rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 14, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

[FR Doc. E7–3204 Filed 2–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R03–OAR–2006–0625; FRL–8280–9] 

State Operating Permit Programs; 

West Virginia; Amendments to the 

Definition of ‘‘a Major Source’’ and 

‘‘Volatile Organic Compound’’

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve an 

amendment to the State of West 

Virginia’s operating permit program to 

correct the definition of ‘‘a major 

source’’ and ‘‘volatile organic 

compound.’’ West Virginia’s revision 

was submitted in response to the Clean 

Air Act (CAA) Amendments of 1990 

that required States to submit to EPA 

program revisions in accordance with 

the Federal Title V regulations. The EPA 

granted final approval of West Virginia’s 

operating permit program on November 

23, 2001. West Virginia amended its 

operating permit program to address the 

Federal EPA amendment to the Federal 

Title V regulations, which went into 

effect on November 27, 2001. In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

amendment to its operating permit 

program as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. 

DATES: Comments must be received in 

writing by March 28, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

R03–OAR–2006–0625 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: campbell.dave@epa.gov. 

C. Mail: EPA–R03–OAR–2006–0625, 

David Campbell, Chief, Permits and 

Technical Assessment Branch, Mailcode 

3AP11, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2006–

0625. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the West Virginia 

Department of Environmental Protection 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Proposed Rules 8333 

(WVDEP), Division of Air Quality, 601 

57th Street SE, Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Rosemarie Nino, (215) 814–3377, or by 

e-mail at nino.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’

section of this Federal Register 

publication. 

Dated: February 16, 2007. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 07–846 Filed 2–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 070215036–7036–01; I.D. 

012307A] 

RIN 0648–AU79 

International Fisheries; Pacific Tuna 

Fisheries; Restrictions for 2007 Purse 

Seine and Longline Fisheries in the 

Eastern Tropical Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes management 

measures to reduce overfishing of the 

eastern tropical Pacific Ocean (ETP) 

tuna stocks in 2007, consistent with 

recommendations by the Inter-American 

Tropical Tuna Commission (IATTC) that 

have been approved by the Department 

of State (DOS) under the Tuna 

Conventions Act. The purse seine 

fishery for tuna in the Convention Area 

would be closed for a 6–week period 

either beginning August 1, 2007, 

through September 11, 2007, or 

November 20, 2007, through December 

31, 2007. This proposed rule would also 

close the U.S. longline fishery in the 

Convention Area in 2007 once the catch 

of bigeye tuna harvested with longline 

gear in the Convention Area reaches 500 

metric tons (mt). This action is taken to 

limit fishing mortality caused by purse 

seine fishing and longline fishing in the 

Convention Area and contribute to longterm conservation of the tuna stocks at 

levels that support healthy fisheries. 

DATES: Comments must be received by 

March 28, 2007. 

ADDRESSES: Comments on the proposed 

rule or the initial regulatory flexibility 

analysis (IRFA) should be sent to 

Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Boulevard, 

Suite 4200, Long Beach, CA 90802 or by 

email to the Southwest Region at 0648–

AU79@noaa.gov. Comments may also be 

submitted by email through the Federal 

e-Rulemaking portal: http:// 

www.regulations.gov. Include in the 

subject line of the e-mail comment the 

following document identifier: 0648–

AU79. Comments also may be submitted 

by fax to (562) 980–4047. Copies of the 

initial regulatory impact review/IRFA 

may be obtained from the Southwest 

Regional Administrator, Southwest 

Region, NMFS, 501 W. Ocean Blvd., 

Long Beach, CA 90902–4213. 

FOR FURTHER INFORMATION CONTACT: J. 

Allison Routt, Sustainable Fisheries 

Division, Southwest Region, NMFS, 

(562) 980–4030. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This proposed rule is also accessible 

via the Internet at the Office of the 

Federal Register’s website at http:// 

www.gpoaccess.gov/fr/index.html. 

The United States is a member of the 

IATTC, which was established under 

the Convention for the Establishment of 

an Inter-American Tropical Tuna 

Commission signed in 1949 

(Convention). The IATTC was 

established to provide an international 

arrangement to ensure the effective 

international conservation and 

management of highly migratory species 

of fish in the Convention Area. For the 

purposes of this closure, the Convention 

Area is defined to include the waters 

bounded by the coast of the Americas, 

the 40° N. and 40° S. parallels, and the 

150° W. meridian. The IATTC has 

maintained a scientific research and 

fishery monitoring program for many 

years and annually assesses the status of 

stocks of tuna and the fisheries to 

determine appropriate harvest limits or 

other measures to prevent 

overexploitation of the stocks and 

promote viable fisheries. 

Under the Tuna Conventions Act, 16 

U.S.C. 951–961 and 971 et seq., NMFS 

must publish proposed rules to carry 

out IATTC recommendations that have 

been approved by DOS. The Southwest 

Regional Administrator also is required 

by 50 CFR 300.25(b)(3) to issue a direct 

notice to the owners or agents of all U.S. 

purse seine vessels that operate in the 

ETP of fishery management actions 

applicable to them that have been 

recommended by the IATTC and 

approved by the DOS. 

In June 2006, the IATTC adopted a 

Resolution for a Program on the 

Conservation of Tuna in the Eastern 

Pacific Ocean for 2007. The June 2006 

resolution is a 1–year program on the 

conservation of tuna in the eastern 

Pacific Ocean for 2007. This resolution 

offers a choice for closing the purse 

seine fishery: either a 6–week closure 

beginning August 1, 2007, or a 6–week 

closure beginning November 20, 2007. 

The resolution of June 2006 

incorporated flexibility for nations to 

administer the purse seine closure in 

accordance with national legislation and 

national sovereignty. The selected 

measure should reduce overfishing in a 

manner that is fair, equitable, and 

readily enforceable. NMFS will select 

one of the two closure periods after 

consideration of public comment. 

The June 2006 resolution also calls 

upon each Party and cooperating nonParty to ensure that each nation’s 

longline catch of bigeye tuna in the ETP 

during 2007 will not exceed the catch 

level of 2001 or 500 mt, whichever is 

higher. The U.S. catch level of longline 

caught bigeye tuna for 2001 was 

estimated to be 150 mt in the 

Convention Area. Therefore, under this 

rule, the U.S. quota for longline caught 

bigeye in the Convention Area would be 

500 mt for 2007. 

In 2006, the U.S. catch level of 

longline-caught bigeye tuna in the 

Convention Area of 150 mt was reached. 

On July 6, 2006, NMFS closed the U.S. 

longline fishery for bigeye tuna in the 

Convention Area for the remainder of 

2006. 

The IATTC adopted the June 2006 

resolution after considering a variety of 

measures, including the use of quotas 

and closures (as in 1999 through 2002), 

a full-month purse seine closure (used 

in 2003), and a 6–week purse seine 

closure as used in 2004, 2005, and 2006. 

The proposed 2007 time/area closure 

is based on 2005 assessments of the 

condition of the tuna stocks in the ETP 

and historic catch and effort data for 

different portions of the ETP, as well as 

records relating to implementation of 

quotas and closures in prior years. The 

closure targets the Convention Area and 

is believed to be sufficient to reduce the 

risk of overfishing of the tuna stocks, 

especially when considered in 

combination with the 6–week closures 

implemented in 2004, 2005, and 2006. 

The combined multi-annual, 

multilateral restrictions should increase 

the protections from overfishing of the 

tuna stocks in the Convention Area. In 

an international fishery the best 


hsrobinson on PROD1PC76 with PROPOSALS