Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations 11837 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 22, 2008. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—AMENDED 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.572 is amended by 

removing the entries ‘‘Pea, edible 

podded, succulent’’ and ‘‘Pea, garden, 

succulent’’ in the table in paragraph 

(a)(1) and alphabetically adding the 

following commodities to read as 

follows: 

§ 180.572 Bifenazate; tolerance for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

Acerola ...................................... 0.90 

*****

Black sapote ............................. 7.0 

Caneberry subgroup 13-07A .... 5.0 

Canistel ..................................... 7.0 

*****

Feijoa ........................................ 0.90 

*****

Guave ....................................... 0.90 

*****

Jaboticaba ................................ 0.90 

Longan ...................................... 5.0 

Lychee ...................................... 5.0 

Mango ....................................... 7.0 

*****

Papaya ...................................... 7.0 

Passionfruit ............................... 0.90 

Pea and bean, succulent 

shelled, subgroup 6B ............ 0.70 

*****

Pulasan ..................................... 5.0 

Rambutan ................................. 5.0 

Sapodilla ................................... 7.0 

Sapote, mamey ........................ 7.0 

*****

Soybean, succulent shelled ...... 0.70 

Spanish lime ............................. 5.0 

*****

Star apple ................................. 7.0 

Starfruit ..................................... 0.90 

Commodity Parts per 

million 

*****

Vegetable, legume, edible-podded, subgroup 6A ................. 6.0 

*****

Wax jambu ................................ 0.90 

* * * * * 

[FR Doc. E8–4142 Filed 3–4–08; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 05–195; CC Docket No. 96–

45; CC Docket No. 02–6; WC Docket No. 

02–60; WC Docket No. 03–109; CC Docket 

No. 97–21; FCC 07–150] 

Comprehensive Review of the 

Universal Service Fund 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: On August 29, 2007, the FCC 

released a Report and Order, 

Comprehensive Review of the Universal 

Service Fund Management, 

Administration, and Oversight; FederalState Joint Board on Universal Service; 

Schools and Libraries Universal Service 

Support Mechanism; Rule Health Care 

Support Mechanism; Lifeline and Linkup; and Changes to the Board of 

Directors for the National Exchange 

Carrier Association, Inc., WC Docket No. 

05–195; CC Docket No. 96–45; CC 

Docket No. 02–6; WC Docket No. 02–60; 

WC Docket No. 03–109; CC Docket No. 

97–21; FCC 07–150. The information 

collection requirements in this Report 

and Order required approval from the 

Office of Management and Budget. This 

document announces the effective date 

of these information collection 

requirements. 

DATES: The information collection 

requirements in amendments to 

§§ 54.202, 54.417, 54.619, and 54.706, 

published at 72 FR 54214, September 

24, 2007, were approved by the Office 

of Management and Budget on January 

23, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mika Savir, Senior Attorney, Office of 

the Managing Director, (202) 418–0384, 

TTY 1 (888) 835–5322. 

SUPPLEMENTARY INFORMATION: The 

Report and Order stated that the 

Commission would publish a notice 

announcing the effective date of the 

information collection requirements. On 

January 23, 2008, OMB approved the 

information collection requirements 

contained in this Report and Order 

pursuant to OMB Control Number: 

3060–1112, Comprehensive Review of 

the Universal Service Fund 

Management, Administration, and 

Oversight. Accordingly, the information 

collection requirements contained in the 

Report and Order became effective on 

January 23, 2008. The expiration date 

for the information collection is January 

31, 2011. 

The Commission also published a 

separate Notice in the Federal Register 

on January 31, 2008 (73 FR 5843) in 

which the PRA various burden 

estimates for this information collection, 

3060–1112, Comprehensive Review of 

the Universal Service Fund 

Management, which OMB has 

approved, were listed. 

Pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501–3520, an 

agency may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. Notwithstanding any other 

provisions of law, no person shall be 

subject to any penalty for failing to 

comply with a collection of information 

subject to the Paperwork Reduction Act 

(PRA) that does not display a valid 

control number. Questions concerning 

this information collection, 3060–1112, 

should be directed to Leslie F. Smith, 

Federal Communications Commission, 

and (202) 418–0217 or via the Internet 

at Leslie.Smith@fcc.gov. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–4047 Filed 3–4–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 080228330–8334–01] 

RIN 0648–XF96 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 


yshivers on PROD1PC62 with RULES
11838 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

temporary restrictions consistent with 

the requirements of the Atlantic Large 

Whale Take Reduction Plan’s 

(ALWTRP) implementing regulations. 

These regulations apply to lobster trap/ 

pot and anchored gillnet fishermen in 

an area totaling approximately 1,238 

nm2 (4,246 km2), east of Chatham, 

Massachusetts for 15 days. The purpose 

of this action is to provide protection to 

an aggregation of northern right whales 

(right whales). 

DATES: Effective beginning at 0001 hours 

March 7, 2008, through 2400 hours 

March 21, 2008. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15–day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15–day 

period and asking fishermen not to set 

any additional gear in the DAM zone 

during the 15–day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm2 (257 km2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm2 (3.43 km2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 

personnel, whale watch operators and 

naturalists, and mariners trained in 

whale species identification through 

disentanglement training or some other 

training program deemed adequate by 

NMFS. A reliable report would be a 

credible right whale sighting. 

On February 25, 2008, an aerial 

survey reported an aggregation of six 

right whales in the proximity of 41° 40′ 

N. latitude and 69° 39′ W. long. The 

position lies approximately 15 nm east 

of Chatham, Massachusetts. After 

conducting an investigation, NMFS 

ascertained that the report came from a 

qualified individual and determined 

that the report was reliable. Thus, 

NMFS has received a reliable report 

from a qualified individual of the 

requisite right whale density to trigger 

the DAM provisions of the ALWTRP. 

Once a DAM zone is triggered, NMFS 

determines whether to impose 

restrictions on fishing and/or fishing 

gear in the zone. This determination is 

based on the following factors, 

including but not limited to: the 

location of the DAM zone with respect 

to other fishery closure areas, weather 

conditions as they relate to the safety of 

human life at sea, the type and amount 

of gear already present in the area, and 

a review of recent right whale 

entanglement and mortality data. 

NMFS has reviewed the factors and 

management options noted above 

relative to the DAM under 

consideration. As a result of this review, 

NMFS prohibits lobster trap/pot and 

anchored gillnet gear in this area during 

the 15–day restricted period unless it is 

modified in the manner described in 

this temporary rule. 

The DAM Zone is bound by the 

following coordinates: 

42° 02′ N., 69° 24′ W. (NW Corner) 

42° 02′ N., 69° 11′ W. 

41° 19′ N., 69° 11′ W. 

41° 19′ N., 69° 59′ W., then follow the 

northern Nantucket coastline westward 

to 

41° 19′ N., 70° 04′ W. 

41° 19′ N., 70° 09′ W. 

41° 39′ N., 70° 09′ W., then follow the 

Cape Cod coastline eastward to 

41° 45′ N., 69° 56′ W. 

41° 45′ N., 69° 33′ W. 

41° 49′ N., 69° 24′ W. 

42° 02′ N., 69° 24′ W. (NW Corner) 

In addition to those gear 

modifications currently implemented 

under the ALWTRP at 50 CFR 229.32, 

the following gear modifications are 

required in the DAM zone. If the 

requirements and exceptions for gear 

modification in the DAM zone, as 

described below, differ from other 

ALWTRP requirements for any 

overlapping areas and times, then the 

more restrictive requirements will apply 

in the DAM zone. Special note for 

gillnet fisherman: a portion of this DAM 

zone overlaps the Northeast 

Multispecies year-round Closed Area I 

found at 50 CFR 648.81(f)(a), and the 

Northeast Multispecies seasonal Gulf of 

Maine Rolling Closure Area I for found 

at 50 CFR 648.81(f)(i). Due to these 

closures, sink gillnet gear is prohibited 

from these portions of the DAM zone. 

Lobster Trap/Pot Gear 

Fishermen utilizing lobster trap/pot 

gear within portions of Northern Inshore 

State Lobster Waters and Northern 

Nearshore Lobster Waters that overlap 

with the DAM zone are required to 

utilize all of the following gear 

modifications while the DAM zone is in 

effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations 11839 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 600 lb (272.4 kg) 

must be placed at all buoys. 

Fishermen utilizing lobster trap/pot 

gear within the portion of the Offshore 

Lobster Waters Area that overlap with 

the DAM zone are required to utilize all 

of the following gear modifications 

while the DAM zone is in effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 1,500 lb (680.4 kg) 

must be placed at all buoys. 

Anchored Gillnet Gear 

Fishermen utilizing anchored gillnet 

gear within the portions of the Other 

Northeast Gillnet Waters Area that 

overlap with the DAM zone are required 

to utilize all the following gear 

modifications while the DAM zone is in 

effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 

3. Fishermen are allowed to use two 

buoy lines per string; 

4. The breaking strength of each net 

panel weak link must not exceed 1,100 

lb (498.8 kg). The weak link 

requirements apply to all variations in 

net panel size. One weak link must be 

placed in the center of the floatline and 

one weak link must be placed in the 

center of each of the up and down lines 

at both ends of the net panel. 

Additionally, one weak link must be 

placed as close as possible to each end 

of the net panels on the floatline; or, one 

weak link must be placed between 

floatline tie-loops between net panels 

and one weak link must be placed 

where the floatline tie-loops attach to 

the bridle, buoy line, or groundline at 

each end of a net string; 

5. A weak link with a maximum 

breaking strength of 1,100 lb (498.8 kg) 

must be placed at all buoys; and 

6. All anchored gillnets, regardless of 

the number of net panels, must be 

securely anchored with the holding 

power of at least a 22 lb (10.0 kg) 

Danforth-style anchor at each end of the 

net string. 

The restrictions will be in effect 

beginning at 0001 hours March 7, 2008, 

through 2400 hours March 16, 2008, 

unless terminated sooner or extended by 

NMFS through another notification in 

the Federal Register. 

The restrictions will be announced to 

state officials, fishermen, ALWTRT 

members, and other interested parties 

through e-mail, phone contact, NOAA 

website, and other appropriate media 

immediately upon issuance of the rule 

by the AA. 

Classification 

In accordance with section 118(f)(9) of 

the MMPA, the Assistant Administrator 

(AA) for Fisheries has determined that 

this action is necessary to implement a 

take reduction plan to protect North 

Atlantic right whales. 

Environmental Assessments for the 

DAM program were prepared on 

December 28, 2001, and August 6, 2003. 

This action falls within the scope of the 

analyses of these EAs, which are 

available from the agency upon request. 

NMFS provided prior notice and an 

opportunity for public comment on the 

regulations establishing the criteria and 

procedures for implementing a DAM 

zone. Providing prior notice and 

opportunity for comment on this action, 

pursuant to those regulations, would be 

impracticable because it would prevent 

NMFS from executing its functions to 

protect and reduce serious injury and 

mortality of endangered right whales. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unexpected 

concentrations of right whales. In order 

to meet the goals of the DAM program, 

the agency needs to be able to create a 

DAM zone and implement restrictions 

on fishing gear as soon as possible once 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30–day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the 

document for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 


yshivers on PROD1PC62 with RULES
11840 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3). 

Dated: February 28, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–952 Filed 2–29–08; 12:35 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XG00 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

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 Pacific cod by 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 

allocation of the 2008 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 29, 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. 

The A season allocation of the 2008 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the GOA 

is 10,502 metric tons (mt) as established 

by the 2008 and 2009 harvest 

specifications for groundfish of the GOA 

(73 FR 10562, February 27, 2008). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of Pacific 

cod apportioned to vessels catching 

Pacific cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 10,302 mt, and is setting 

aside the remaining 200 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

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 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of 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 February 27, 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: February 28, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–951 Filed 2–29–08; 12:35 pm] 

BILLING CODE 3510–22–S 


yshivers on PROD1PC62 with RULES