14728 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 

interests constitute good cause for 

making this rule effective upon 

publication pursuant to 5 U.S.C. 

553(d)(2). 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

Executive Order 12866 (‘‘Regulatory 

Planning and Process’’), and the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). There are no costs associated 

with this rule. 

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

D. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure Act 

(5 U.S.C. 553), the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. 

E. Paperwork Reduction Act 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this rulemaking. 

List of Subjects in 49 CFR Part 1 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

■ In consideration of the foregoing, Part 

1 of Title 49, Code of Federal 

Regulations, is amended as follows: 

PART 1—ORGANIZATION AND 

DELEGATION OF POWERS AND 

DUTIES 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 322; 28 U.S.C. 2672; 

31 U.S.C. 3711(a)(2); Pub. L. 101–552, 104 

Stat. 2736; Pub. L. 106–159, 113 Stat. 1748; 

Pub. L. 107–71, 115 Stat. 597; Pub. L. 107–

295, 116 Stat. 2064; Pub. L. 107–295, 116 Stat 

2065; Pub. L. 107–296, 116 Stat. 2135; 41 

U.S.C. 414; Pub. L. 108–426, 118 Stat. 2423. 

■ 2. Amend § 1.26 by revising paragraph 

(a) to read as follows: 

§ 1.26 Secretarial succession. 

(a) The following officials, in the 

order indicated, shall act as Secretary of 

Transportation, in case of the absence or 

disability of the Secretary, until the 

absence or disability ceases, or in the 

case of a vacancy, until a successor is 

appointed. Notwithstanding the 

provisions of this section, the President 

retains discretion, to the extent 

permitted by the law, to depart from this 

order in designating an acting Secretary 

of Transportation. 

(1) Deputy Secretary. 

(2) Under Secretary of Transportation 

for Policy. 

(3) General Counsel. 

(4) Assistant Secretary for Budget and 

Programs. 

(5) Assistant Secretary for 

Transportation Policy. 

(6) Assistant Secretary for 

Governmental Affairs. 

(7) Assistant Secretary for Aviation 

and International Affairs. 

(8) Assistant Secretary for 

Administration. 

(9) Federal Aviation Administrator. 

(10) Federal Aviation Administration 

Regional Administrator, Southwest 

Region. 

(11) Federal Aviation Administration 

Regional Administrator, Great Lakes 

Region. 

* * * * * 

Issued in Washington, DC on March 10, 

2008. 

Mary E. Peters, 

Secretary of Transportation. 

[FR Doc. E8–5543 Filed 3–18–08; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8403–03] 

RIN 0648–XD67 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2008 Sablefish Total Allowable 

Catch in the West Yakutat and 

Southeast Outside Districts; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction to a final rule; 

request for comments. 

SUMMARY: NMFS is adjusting the 2008 

total allowable catch (TAC) amounts for 

sablefish in the West Yakutat and 

Southeast Outside Districts. This action 

is necessary because NMFS has 

determined that these TACs were 

incorrectly specified in the Federal 

Register on February 27, 2008 (73 FR 

10562). This action will ensure the 

sablefish TAC does not exceed the 

appropriate amount based on the best 

available scientific information for 

sablefish in the West Yakutat and 

Southeast Outside Districts. This action 

is consistent with the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP). 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 14, 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 31, 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–XD67, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website 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. 


rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 14729 

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: 

Mary Furuness, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Gulf of Alaska (GOA) according to the 

FMP prepared by the North Pacific 

Fishery Management Council (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 sablefish TAC was 

incorrectly specified as 1,950 mt in the 

West Yakutat and 3,390 mt in the 

Southeast Outside Districts of the GOA 

in the 2008 and 2009 harvest 

specifications for groundfish in the GOA 

(73 FR 10562, February 27, 2008). In 

November 2007, the Council’s GOA 

Plan Team compiled the final 2007 

Stock Assessment and Fisheries 

Evaluation (SAFE) report for the GOA 

groundfish fisheries, dated November 

2007. Due to an inadvertent error, 

incorrect amounts from the 2007 SAFE 

report for West Yakutat and Southeast 

Outside sablefish were presented to the 

Council, its Statistical and Scientific 

Committee, and its Advisory Panel. 

These amounts were 1,950 mt for West 

Yakutat and 3,390 mt for Southeast 

Outside. The correct amount should 

have been 2,120 mt for West Yakutat 

and 3,220 mt for Southeast Outside and 

are found in the 2007 SAFE report for 

sablefish. This results in a 170 mt 

increase for West Yakutat and a 

decrease of 170 mt for Southeast 

Outside. The Council adopted the 

incorrect amounts and Secretary of 

Commerce published the incorrect 

amounts in the 2008 and 2009 final 

harvest specifications for groundfish in 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with 50 CFR 

679.25(a)(1)(iii) and § 679.25(a)(2)(i)(B), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that, based on the November 

2007 SAFE report for this fishery, the 

current West Yakutat and Southeast 

Outside TACs were incorrectly 

specified. Consequently, the Regional 

Administrator is adjusting the 2008 

West Yakutat TAC to 2,120 mt and the 

Southeast Outside TAC to 3,220 mt. 

Pursuant to § 679.20(a)(4), Table 3 of 

the 2008 and 2009 final harvest 

specifications for groundfish in the GOA 

(73 FR 10562, February 27, 2008) is 

revised for the 2008 sablefish TACs 

consistent with this adjustment. 

TABLE 3 - FINAL 2008 SABLEFISH TAC SPECIFICATIONS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE

AND TRAWL GEAR

(values are rounded to the nearest metric ton) 

Area/District TAC Hook-and-line apportionment Trawl apportionment 

Western 1,890 1,512 378 

Central 5,500 4,400 1,100 

West Yakutat1 2,120 1,853 267 

Southeast Outside 3,220 3,220 0 

Total 12,730 10,985 1,745 

1Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District. 

The hook–and–line apportionment of 

the sablefish TAC is further allocated as 

to the sablefish Individual Fishing 

Program (IFQ). For illustrative purposes, 

this adjustment would change an IFQ 

allocation of 10,000 pounds based on 

88,472 quota share units in the West 

Yakutat District to 11,010 pounds. This 

adjustment would change an IFQ 

allocation of 10,000 pounds based on 

143,562 quota share units in Southeast 

Outside District to 9,499 pounds. The 

decrease of the Southeast Outside TAC 

affects 445 IFQ permits. 

Correction 

In rule FR Doc. E8-3531 published on 

February 27, 2008 (73 FR 10562) make 

the following correction: In Table 3 on 

page 10570, correct the ‘‘1,950’’ TAC for 

the West Yakutat district to read 

‘‘2,120’’ and correct the ‘‘3,390’’ TAC for 

the Southeast Outside district to read 

‘‘3,220’’. 

Classification 

This action responds to the best 

available information on stock 

abundance for 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 

contrary to the public interest. This 

requirement is contrary to the public 

interest as it would raise conservation 

concerns as the sablefish TAC in the 

Southeast Outside District based on the 

best scientific information available 

would be exceeded.The sablefish IFQ 

hook-and-line fishery opened on March 

8, 2008. If this inseason adjustment is 

not effective immediately, the hook-andline sablefish allocations will be 

incorrect. U.S. fishing vessels have 

demonstrated the capacity to catch the 

TAC allocations in these fisheries. An 

IFQ permit holder is allocated a 

dedicated and transferable amount of 

fish for the year. Constituents are each 

allocated amounts from several pounds 

that may be harvested in one fishing 

trip, to many thousands of pounds. It is 

possible that some IFQ permit holders, 

particularly of Southeast Outside 

sablefish IFQ, have at this time already 

exceeded the amount that a corrected 

permit would authorize. Immediate 

effectiveness of this inseason 

adjustment will allow NMFS to issue 

correct IFQ allocations. The immediate 

effectiveness of this action is required to 

provide consistent management and 

conservation of fishery resources based 

on the best available scientific 

information, and to give the fishing 

industry the earliest possible 

opportunity to plan its fishing 

operations. 

Also, it would constrain fishermen in 

West Yakutat District from realizing 

economic benefits from correct 

allocations of IFQ and would allow for 

harvests in the Southeast Outside 

District that exceed the appropriate 

allocations for sablefish. 


rfrederick on PROD1PC67 with RULES
14730 Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations 

NMFS was unable to publish a notice 

providing time for public comment 

because NMFS only became aware from 

a member of the industry of the 

incorrectly specified TAC as of March 6, 

2008, and the IFQ fishery opened March 

8, 2008. Additional time for prior public 

comment would raise conservation 

concerns for the sablefish allocation in 

the Southeast Outside District. 

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. 

Under § 679.25(c)(2), interested 

persons are invited to submit written 

comments on this action to the above 

address until March 31, 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 14, 2008. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 08–1053 Filed 3–14–08; 4:27 pm] 

BILLING CODE 3510–22–S 


rfrederick on PROD1PC67 with RULES