Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 7223 

including, but not limited to, any 

emissions limitation (including 

operating limits), work practice 

standard, or operation and maintenance 

requirement; 

(2) Fails to meet any term or condition 

that is adopted to implement an 

applicable requirement in this subpart 

and that is included in the operating 

permit for any iron and steel foundry 

required to obtain such a permit; or 

(3) Fails to meet any emissions 

limitation (including operating limits) 

or work practice standard in this 

subpart during startup, shutdown, or 

malfunction, regardless of whether or 

not such failure is permitted by this 

subpart. 

A deviation is not always a violation. 

The determination of whether a 

deviation constitutes a violation of the 

standard is up to the discretion of the 

entity responsible for enforcement of the 

standards. 

* * * * * 

Off blast means those periods of 

cupola operation when the cupola is not 

actively being used to produce molten 

metal. Off blast conditions include 

cupola startup when air is introduced to 

the cupola to preheat the sand bed and 

other cupola startup procedures as 

defined in the startup, shutdown, and 

malfunction plan. Off blast conditions 

also include idling conditions when the 

blast air is turned off or down to the 

point that the cupola does not produce 

additional molten metal. 

On blast means those periods of 

cupola operation when combustion 

(blast) air is introduced to the cupola 

furnace and the furnace is capable of 

producing molten metal. On blast 

conditions are characterized by both 

blast air introduction and molten metal 

production. 

Scrap preheater means a vessel or 

other piece of equipment in which 

metal scrap that is to be used as melting 

furnace feed is heated to a temperature 

high enough to eliminate volatile 

impurities or other tramp materials by 

direct flame heating or similar means of 

heating. Scrap dryers, which solely 

remove moisture from metal scrap, are 

not considered to be scrap preheaters for 

purposes of this subpart. 

Total metal HAP means, for the 

purposes of this subpart, the sum of the 

concentrations of antimony, arsenic, 

beryllium, cadmium, chromium, cobalt, 

lead, manganese, mercury, nickel, and 

selenium as measured by EPA Method 

29 (40 CFR part 60, appendix A). Only 

the measured concentration of the listed 

analytes that are present at 

concentrations exceeding one-half the 

quantitation limit of the analytical 

method are to be used in the sum. If any 

of the analytes are not detected or are 

detected at concentrations less than onehalf the quantitation limit of the 

analytical method, the concentration of 

those analytes will be assumed to be 

zero for the purposes of calculating the 

total metal HAP for this subpart. 

* * * * * 

■ 19. Table 1 to subpart EEEEE is 

amended by revising the entry for § 63.9 

to read as follows: 

TABLE 1 TO SUBPART EEEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEE 

* * * * * * * 

Citation Subject Applies to subpart EEEEE? Explanation 

* * * * * * * 

63.9 .................................... Notification requirements ... Yes ..................................... Except: for opacity performance tests, Subpart EEEEE 

allows the notification of compliance status to be 

submitted with the semiannual compliance report or 

the semiannual part 70 monitoring report. 

* * * * * * * 

[FR Doc. E8–1979 Filed 2–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XF24 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

run-around gillnet fishery for king 

mackerel in the exclusive economic 

zone (EEZ) in the southern Florida west 

coast subzone. This closure is necessary 

to protect the Gulf king mackerel 

resource. 

DATES: The closure is effective 6 a.m., 

local time, February 5, 2008, through 6 

a.m., January 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824–

5305, fax: 727–824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001), NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. On April 27, 2000, 

NMFS implemented the final rule (65 

FR 16336, March 28, 2000) that divided 

the Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota implemented for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). That quota is 


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7224 Federal Register / Vol. 73, No. 26 / Thursday, February 7, 2008 / Rules and Regulations 

further divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

The southern subzone is that part of 

the Florida west coast subzone which 

from November 1 through March 31 

extends south and west from 26°19.8′ N. 

lat. (a line directly west from the Lee/ 

Collier County, FL, boundary), to 

25°20.4′ N. lat. (a line directly east from 

the Monroe/Miami-Dade County, FL, 

boundary), i.e., the area off Collier and 

Monroe Counties. From April 1 through 

October 31, the southern subzone is that 

part of the Florida west coast subzone 

which is between 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, FL, boundary) and 25°48′ N. lat. 

(a line directly west from the Collier/ 

Monroe County, FL, boundary), i.e., the 

area off Collier County. 

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 520,312 lb (236,010 

kg) for Gulf group king mackerel for 

vessels using run-around gillnet gear in 

the southern Florida west coast subzone 

was reached on February 4, 2008. 

Accordingly, the commercial fishery for 

king mackerel for such vessels in the 

southern Florida west coast subzone is 

closed at 6 a.m., local time, February 5, 

2008, through 6 a.m., January 20, 2009, 

the beginning of the next fishing season, 

i.e., the day after the 2009 Martin Luther 

King Jr. Federal holiday. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA, 

finds that the need to immediately 

implement this action to close the 

fishery constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures 

would be unnecessary because the rule 

itself already has been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. 

NMFS also finds good cause that the 

implementation of this action cannot be 

delayed for 30 days. There is a need to 

implement this measure in a timely 

fashion to prevent an overrun of the 

commercial run-around gillnet fishery 

for king mackerel in the southern 

Florida west coast subzone, given the 

capacity of the fishing fleet to harvest 

the quota quickly. Any delay in 

implementing this action would be 

contrary to the Magnuson-Stevens Act 

and the FMP. Accordingly, under 5 

U.S.C. 553(d), a delay in the effective 

date is waived. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 4, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–554 Filed 2–4–08; 2:33 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XF49 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by NonAmerican Fisheries Act Crab Vessels 

Catching Pacific Cod for Processing 

by the Inshore Component in the 

Western Regulatory Area of 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 the A season allowance of the 

2008 Pacific cod sideboard limits 

apportioned to non-American Fisheries 

Act (AFA) crab vessels catching Pacific 

cod for processing by the inshore 

component in the Western Regulatory 

Area of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2008 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 4, 2008, until 

1200 hrs, A.l.t., September 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of 2008 

Pacific cod sideboard limits apportioned 

to non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the GOA is 1,017 metric tons 

(mt) for the GOA, as established by the 

2007 and 2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007) and revision (72 FR 

71802, December 19, 2007). 

In accordance with § 680.22(e)(2)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the A season allowance 

of the 2008 Pacific cod sideboard limits 

apportioned to non-AFA crab vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a 

sideboard directed fishing allowance for 

Pacific cod as 1,007 mt in the Gulf of 

Alaska. The remaining 10 mt in the Gulf 

of Alaska will be set aside as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 680.22(e)(3), the Regional 

Administrator finds that this sideboard 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by non-AFA crab vessels catching 

Pacific cod for processing by the inshore 

component in the Western Regulatory 

Area of the 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 


rfrederick on PROD1PC67 with RULES