Federal Register / Vol. 73, No. 60 / Thursday, March 27, 2008 / Rules and Regulations 16211 

final rule does not affect the finality of 

this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review must be filed, and shall not 

postpone the effectiveness of such rule 

or action. 

Thus, any petitions for review of this 

action related to a finding of failure to 

submit related to the requirements of 

section 110(a) to satisfy certain elements 

required under section 110(a)(2) of the 

CAA for the 1997 8-hour ozone NAAQS 

must be filed in the Court of Appeals for 

the District of Columbia Circuit within 

60 days from the date final action is 

published in the Federal Register. 

List of Subjects in 40 CFR Part 52 

Approval and promulgation of 

implementation plans, Environmental 

protection, Administrative practice and 

procedures, Air pollution control, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 

Dated: March 17, 2008. 

Robert J. Meyers, 

Principal Deputy Assistant Administrator. 

[FR Doc. E8–6176 Filed 3–26–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG65 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

American Fisheries Act Catcher 

Processors Using Trawl Gear in the 

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 prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcher 

processors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2008 Pacific cod total 

allowable catch (TAC) specified for AFA 

trawl catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 24, 2008, though 

1200 hrs, A.l.t., April 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 A season allowance of the 2008 

Pacific cod TAC allocated to AFA trawl 

catcher processors in the BSAI is 2,630 

metric tons (mt) as established by the 

2008 and 2009 final harvest 

specifications for groundfish in the 

BSAI (73 FR 10160, February 26, 2008). 

See § 679.20(c)(3)(iii), § 679.20(c)(5), 

§ 679.20(a)(7)(ii)(A)(7), and 

§ 679.20(a)(7)(iv)(A)(1)(ii). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the A 

season allowance of the 2008 Pacific 

cod TAC allocated to AFA trawl catcher 

processors in the BSAI has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by AFA trawl catcher processors 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 Pacific cod by AFA 

trawl catcher processors 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 March 21, 

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. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: March 24, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1079 Filed 3–24–08; 3:51 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG70 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels in the Amendment 80 Limited 

Access Fishery in the 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 prohibiting directed 

fishing for Pacific cod for vessels 

participating in the Amendment 80 

limited access fishery in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2008 Pacific cod 

allowable catch (TAC) specified for 

vessels participating in the Amendment 

80 limited access fishery in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 1, 2008, through 1200 

hrs, A.l.t., June 10, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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 B season allowance of the 2008 

Pacific cod TAC allocated to vessels 


pwalker on PROD1PC71 with RULES