22062 Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Rules and Regulations 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 27, 2008. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BB—Montana 

■ 2. Section 52.1370 is amended by 

adding paragraph (c)(66) to read as 

follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(66) On June 26, 1997, the Governor 

of Montana submitted the Whitefish 

OM10 Control Plan and on June 13, 

2000, the Governor submitted revisions 

to the June 26, 1997 submittal. On 

February 28, 1999, the Governor of 

Montana withdrew all sections of the 

Whitefish PM10 Control Plan submitted 

on June 26, 1997, except sections 15.2.7, 

15.12.8, and 15.12.10. EPA is approving 

sections 15.2.7, 15.12.8, and 15.12.10 of 

the Whitefish PM10 Control Plan. 

(i) Incorporation by reference. 

(A) Sections 15.2.7, 15.12.8, and 

15.12.10 of the Whitefish PM10 Control 

Plan. 

(ii) Additional Material. 

(A) Flathead County Air Pollution 

Control Program as of June 20, 1997. 

[FR Doc. E8–8862 Filed 4–23–08; 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–XH35 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-Water Species 

Fishery by Vessels Using Trawl Gear in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the 2008 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 21, 2008, through 

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

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 second seasonal apportionment 

of the 2008 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA is 300 metric 

tons as established by the 2008 and 

2009 harvest specifications for 

groundfish of the GOA (73 FR 10562, 

February 27, 2008), for the period 1200 

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

hrs, A.l.t., July 1, 2008. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl deep-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

deep-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the deep-water species fishery 

include sablefish, rockfish, deep-water 

flatfish, rex sole and arrowtooth 

flounder. This closure does not apply to 

fishing by vessels participating in the 

cooperative fishery in the Rockfish Pilot 

Program for the Central GOA. 

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 the deep-water 

species fishery by vessels using trawl 

gear in 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 April 17, 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 § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 18, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1179 Filed 4–21–08; 1:43 pm] 

BILLING CODE 3510–22–S 


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