Federal Register/Vol. 72, No. 93/Tuesday, May 15, Z007/Rules and Regulations 27247| m, i,

applicants for employment could bedirectly affected. Therefore, pursuant to5 U.S.C. 605(b1, this final rule is alsoexempt from the regulatory flexibilityanalysis requirements of sections 603and 604.

Executive Order 12866

Executive Order 12866 directsagencies to assess all costs and benefitsof available regulatory alternatives and,when regulation is necessary, to selectregulatory approaches that maximizenet benefits (including potentialeconomic, environmental, public healthand safety, and other advantages;distributive impacts; and equity). TheExecutive Order classifies a "significant

¯ regulatory action," requ!ring review bythe Office of Management and BudgettOMB) unless OMB waives such review,as any regulatory action that is likely toresult in a rule that may: (1) Have anannual effect on the economy of $100million or more or adversely affect in amaterial way the economy, a sector ofthe economy, productivity, competition,jobs, the environment, public health orsafety, or State, local, or tribalgove.rnments or communities; (2) createa serious inconsistency or otherwiseinterfere with an action taken orplanned by another agency: (3)materially alter the budgetary impact ofentitlements, grants, user fees, or loanprograms or the rights and obligations ofrecipients thereof; or {4) raise novellegal or policy issues arising out of legalmand•ttes, the President's priorities, orthe principles set forth in the ExecutiveOrder.

The economic, interagency,budgetary, legal, and policyimplications of this final rule have beenexamined and it has been determinednot to be a significant regulatory actionunder Executive Order 12866.

Unfunded Mandates

The Unfunded Mandates Reform Actof 1995, codified at 2 U.S.C. 1532,requires agencies to prepare anassessment of anticipated costs andbenefits before issuing any rule that mayresult in the expenditure by State, local.and tribal governments, in the aggregate,or by the private sector, of $100 millionor more (adjusted annually for inflation)in any year. This final rule would haveno such effect on State, local, and tribalgovernments, or on the private sector.

Catalog of Federal Domestic Assistance

There is no Catalog of FederalDomestic Assistance number for thisfinal rule.

List of Subjects in 38 CFR Part 2Authority deJegations {Government

agencies).Approved: April 19, 2007.

Gordon H, Mansfield,Deputy Secretary of Veterans Affairs.¯ For the reasons set forth in thepreamble, the Department of VeteransAffairs amends 38 CFR part 2 as follows:

PART 2---DELEGATIONS'OFAUTHORITY

¯ 1. The authority citation for part 2continues to read as follows:

Authority: 5 U.S.C. 302,552a; 38 U.S.C.501,512. 515. 1729, 1729A, 5711; 44 U.S.C.3702, and as noted in specific sections.

¯ 2. Amend § 2.6, hy revising paragraph(j) to read as follows:§ 2.6 Secretary's delegations of authofltyto certain officials (38 U.S.C. 512).

{j} Delegation to the Chairman, Board.of Veterans' Appeals. In cases whereOEDCA has recused itself from a casedue to an actual, apparent, or potential ,

conflict of interest, the Chairman, Boardof Veterans' Appeals, is delegatedauthority to make procedural agencydecisions to dismiss, in whole or inpart, EEO discrimination complaintsfiled by agency employees, formeremployees, and applicants foremployment; to make substantive finalagency decisions where complainantsdo not request an EEOC hearing; to takefinal agency action following a decisionby an EEOC Administrative Judge; andto make final agency decisions orderingappropriate remedies and relief wherethere is a finding of discrimination.

R Dec. E7-9288 Filed 5-14-07; 8:45 am]BILLING CODE 8320-01-P

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Parts 52 and 81

[EPA--R03-OAFb-2006-0682; FRL-8314-61

Approval and Promulgation of AirQuality Implementation Plans; WestVirginia; Redeelgnatlon of lhe WestVirginia Portion of the Wheeling, WV-ON 8-Hour Ozone Nonattainment Areato Attainment and Approval of theArea's Maintenance Plan

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: EPA is approving aredesignation request and a State

Implementation Plan (SIP) revisionsubmitted by the State of West Virginia.The West Virginia Department ofEnvironmental Protection (WVDEP} isrequesting that the Marshall and OhioCounty, West Virginia (Wheeling)portion of the Wheeling, WV-OH area{herein referred to as the "Area") beredesignated as attainment for the 8-hour ozone national ambient air qualitystandard (NAAQS). In coniunction withits redesignation request, the Statesubmitted a SIP revision consisting of amaintenance plan for Wheeling thatprovides for continued attainment of the8-hour ozone NAAQS for the next 12years, until 2018. EPA is also approvingthe adequacy determination for themotor vehicle emission budgets(MVEBs} that are identified in theWheeling 8-hour ozone maintenanceplan for purposes of transportationconformity, and is approving thoseMVEBs. EPA is approving theredesignation request and themaintenance planrevision to the WestVirginia SIP in a•cordance with therequirements of the'CAA.EFFECTIVE DATE: This final rule iseffective on June 14, 2007.ADDRESSES: EPA has established adocket for this action under Docket IDNumber EPA-R03---OAR-2006-0682. Alldocuments in the docket are listed inthe www.regulations.gov Web site.Although listed in the electronic docket,some information is not publiclyavailable, i.e., confidential businessinformation (CBI) or other informationwhose disclosure is restricted by statute.Certain other material, such ascopyrighted material, is not placed onthe Internal and wilt'be publiclyavailable only in hard copy form.Publicly available docket materials areavailable either electronically throughwww.regulations.gov or in hard copy forpublic inspection during normalbusiness hours at the Air ProtectionDivision, U,S. Environmental ProtectionAgency, Region Ill, 1650 Arch Street,Philadelphia, Pennsylvania 19103.Copies of the State submittal areavailable at the West VirginiaDepartment of EnvironmentalProtection, Division of Air Quality, 60157th Street, SE., Charleston, WV 25304.FOR FURTHER INFORMATION CONTACT:Amy Caprio, (215) 814-2156, or bye-mail at caprio.omy@epo.gov.SUPPLEMENTARY INFORMATION:

I. BackgroundOn October 2, 2006 (71 FR 57894},

EPA published a notice of proposedrulemaking (NPR) for the State of WestVirginia. The NPR proposed approval ofWest Virginia's redesignation request

27248 Federal Register/Vol. 72, No. 93/Tuesday. May 15, 2007/Rules and Regulations

and a SIP revision that establishes amaintenance plan for Wheeling tl3.at setsforth how Wheeling will maintainattainment of the 8-hour ozone NAAQSfor the next 12 years. The formal SIPrevision was submitted by the WVDEPon [uly 24, 2006. Other specificrequirements of West Virginia'sredesignation request SIP revision forthe maintenance plan and the rationalesfor EPA's proposed actions areexplained in the NPR and will not herestated here.

On October 20, 2006, EPA received acomment, from the West VirginiaDivision of Highways, in support of itsOctober 2, 2006 NPR. Also, on October28, 2006, EPA received adversecomments on the said October 2, 2006NPR. A summary of the commentssubmitted and EPA's responses areprovided in Section It of this document,

I1. Summary of Public Comments andEPA Responses

Comment: The commenter stated thaton behalf of the West Virginia Divisionof Highways, they would like to go onrecord as supporting the redesignationof the Wheeling, West Virginia portionbf the Wheeling, WV-OH interstate areafrom nonattainment to attainment.

ResponSe: EPA acknowledges thecomment of support for our final action.

Comment: The commenter states thatthe Wheeling Area redesignation isbased on 2002-2004 air quality data,and should instead be based on the mostrecent three years of air quality data,2004-2006.

Response: EPA disagrees that the 2006data was available as a basis forredesignating Wheeling to attainment.and also disagrees with the commentthat the redes!gnation cannot be basedon the quality assured 2002-2004 airquality data. EPA may redesignate all

area to attainment of the 8-hour ozoneNAAQS if three years of quality assureddata indicate that the area has attainedthe standard and the most recent qualityassured air quality data indicate that thearea is still attaining the standard at tiletime of the redesignation. EPA hasdetermined that the Wheeling. WVportion of the Wheeling, WV-OHnonattainment area has attainedcompliam:e with the 8-hour ozoneNAAQS subsequent to the calendar year2004 ozone season {April-October)based on three years {2002-2004} ofquality assured data. It is also worthnoting that while our determination thatthe Area has attained the standard isbased on the 2002-2004 data, the 2005calendaryear quality assured data andthe newly available quality assured datafrom 2006, indicate that the Areacontinues to attain the standard. The

2005 and 2006 data support ourconclusion in the notice of proposedrulemaking (NPR} on October 2, 2006{71 FR 578941 that emissions reductionsin the Area can be attributed topermanent and enforceable measuresthroughout the Area and that air qualitymonitoring date indicates that the Areacontinues to attain the 8-hour ozoneNAAQS.'

Comment: The commenter asserts thatEPA should not approve theredesignation of Wheeling because theWheeling monitor was twice relocatedduring calendar years 2004 and 2005.The commenter states that (at its currentlocation) the Wheeling ozone monitorshould operate for one additional yearin order to confirm attainment of theNAAQS and that EPA should not act onWVDEP's redesignation request untilthe air quality data for the additionalmonitoring period have been evaluated.

Response: Since 1982, WVDEP hasoperated and maintained an ozonemonitoring station for the West Virginiaportion of the Wheeling Area. Thecommenter refers to the Wheelingtnonitor as having been relocated from"Site 7" to "Site 9," and finally to "Site10." The monitoring station wasoriginally located at WVDEP's NorthernPanhandle Regional Office. The stationcontinued to operate at this location(Site 7) until WVDEP had to discontinuethe operations at the site due to therelocation of its Northern PanhandleRegional Office prior to the calendaryear 2004 ozone season (April throughOctober), As a result, WVDEP installedan interim ozone station in theWheeling Area which was locatedapproximately four miles south of thestation's original location and collecteddata for the 2004 ozone season (Site 9).In anticipation of the 2005 season,WVDEP established a new site for theWheeling ozone monitor which wasapproximately three-tenths of a milesouth of the monitor's original location(Site 10). The new monitoring site issimilar in characteristics to the originalmonitoring site. The sites are located inthe same river valley with noobstructions between the Sites and havea similar distribution of surroundingozone sources. Both monitoringlocations are located within the City ofWheeling, West Virginia and thesurrounding areas have comparablepopulation density, with no largeindustrial sources, and no adjacent

•'Fhe fourth highest 8-hour ozone monitoringvalues al the Ohio County, West Virginia monitorfor 2006 were 0.085 ppm, 0.083 ppm. 0.079 ppm,and 0.079 ppm. Thus the design value at the Areaomnitor for monitoring years 2004-2006 are stillshowing attainment of the &hour NAAQS with avalue 0[0.077 ppm at Ihe Wheeling monitor.

highways. The current location of theWheeling ozone monitor is in an areawhich has the infrastructure andarranged access to operate for manyyears.

The data from monitoring sites 7, 9,and 10 were pooled for two three-yearperiods: {1) 2002, 2003. and 2004 (Sites7 and 9) and {2) 2003.2004 and 2005(Sites 7, 9, 10}. In addition,'the datafrom monitoring sites 9 and 10 werepooled for 2004-2006. See also, footnote1. The commenter asserted that dataobtained from Site 9 was a "poor site"and that the data obtained from this sitein 200•, was of low value for purpose ofthe 8-hour ozone NAAQS. EPAevaluated ozone statistics for theWheeling Area for 2004 (i.e., number ofdays with eight-hour averages greaterthan 0.0084 ppm and 4th highest eight-hour average for the year), and foundthem to be reasonable and consistentwhen compared to ozone measurementscollected in Wheeling and at othernearby monitoring stations in the OhioRiver Valley during the periodexamined (1998 thru 2005}.

Based on a review of ozone air qualitydata from the Wheeling Area for thisperiod, the proximity andcharacteristics of the monitoring sites,and giving consideration to WVDEP'sreasons for relocating the ozonemonitoring station during period of2003-2005, EPA has concluded that theintegrity of ozone data submitted forthis Area was not affected by the factthat the data was collected from threedifferent, and relatively close together,mor•itoring locations. This data isacceptable for purposes of redesignatingthe Wheeling Area to attainment of the8-hour ozone NAAQS.

Comment: The commenter asserts thatcold and wet summers, rather thanenforceable emissions reductions are asignificant cause of improvement of airquality in Wheeling, although thecommenter also asserts based on thenumber of days exceeding 84 ppb in2005 that the air quality is actually notimproving.

Response: In accordance withAppendix I to 40 CFR Part 50,compliance with the 8-hour ozoneNAAQS is met at an ambient airmonitoring site when the 3-year averageof the annual fourth-highest dailymaximum 8-hour average ozoneconcentration is less than or equal to0.08 ppm; it is not based on the number

¯ of days which exceed the 8-hour ozonestandard. Additionally, EPA uses thetlu'ee-year averaging period to minimizeyear to year variations in the summer(i.e., ozone season) weather. SeeRedesignation of Pittsburgh,Pennsylvania, 66 FR 53094, 53100

Federal Register/Vol. 72, No. 93/Tuesday, May 15, 2007/Rules and Regulations 27249.|

(October 19, 20{)1). Therefore, tilenumber of days exceeding B4 ppb arenot relevant to a determination ofwhether an area (or portion thereofl, hasattained the B-hour ozone NAAQS.Information relative to long term trendsof West Virginia summer temperaturesand rainfall-based data was obtainedfrom the National. Oceanic andAtmospheric Administration's (NOAA)National Climate Data Center (please seeattached). Based on EPA's review, thisinformation shows that the summers2000 through 200{5 experienced year toyear variations in average summertemperature and rainfall typical of thesummer seasons in the State of WestVirginia. Thus the improvement in airquality is not due to tmusually cold andwet summers. Rather. the improvementin air quality is due to theimplementation of permanent andenforceable lneasures as explained inthe NrpR. The permanent andenforceable measures listed ill theWheeling NPR include the NationalLow Emissions Vehicle (NLEV), motorvehicle fleet turnover with new vehiclesmeeting the Tier 2 standards, and theClean Diesel Program. These federalvehicle programs along with the NOxSIP Call resulted in a 0.9 tons per year(tpy} decrease in VOC emissions and a69.B tpy decrease in NOx emissionsthroughout the Wheeling Area between2002 and 2004. Therefore, EPA believesthat the improvement in B-hour ozoneair quality is a result of identifiable,permanent and enforceable reductionsin ozone precursor emissions, notunusually cold and wet summers.

Comment: The commenter requestsair quality data for time periods outsidethe time period be used forredesignation, and for areas outside theWest Virginia portion of the WheelingArea which is the subject of thisrulemaking, and other air quality datasuch as data provided by the Clean AirStatus and Trends Network {CASTNET}and the National AtmosphericDeposition Program (NADP} monitoringnetworks, which has not been used tosupport this rulernaking. Thecommenter also insists that monitoringdata from a rural ozone monitoring site,a CASTNET monitor, located inadjacent Noble County, Ohio shouldhave heen considered in thisrulemaking.

Response: As discussed previously,the redesignatiun is demonstrated by thequality assured 2002-2004 ozonemonitoring data, and continuedattainment of the 8-hour ozone NAAQSis demonstrated by the quality assured2005 and 2006 ozone monitoring datafor the Wheeling Area. Other air qualitydata, from other monitoring networks or

for time periods outside the years beingused to support the redesignationrequest, or which are located outside theWheeling Area (i.e., Noble County, OHCASTNET monitor), are not relevant tothe redesignation request. Furthermore;CASTNET and NADP monitors are notoperated for purposes of the regionalozone monitoring network nor do theysatisfy the quality assurancerequirements necessary to supportrequests for redesignation.

Additionally, the United States Courtof Appeals for the District ofColumbiaCircuit recently vacated EPA's April 30,2004 "Final Rule To Implement the 8-Hour Ozone National AmbientStandard" {the Phase I implementationrule}. South Coast Air QualityManagement District v. EPA, 472 F.3d882 {D.C. Cir. 2007). EPA issued asupplemental proposed rulemaking thatset forth its views on the potential effeclof the Court's ruling on this and otherproposed redesignation actions. 72 FR13452 (March 22, 2007). EPA proposedto find that the Court's ruling does notalter any requirements relevant to theproposed redesignations that wouldprevent EPA from finalizing theseredesignations, for the reasons fullyexplained in the supplemental notice.EPA provided a 15-day review andcomment period on this supplementalproposed rulemaking. The publiccomment period closed on April 6.2007. EPA received six comments, allsupporting EPA's supplementalproposed rulemaking, and supportingredosignation of the affected areas. EPArecognizes the support provided inthese comments as well, but again, wedo not believe any specific response tocomments is necessary with respect tothese comments. In addition, several of.these comments included additionalrationale for proceeding with theseproposed redesignations. EPA had notrequested comment on any additionalrationale, does not believe anyadditional rationale is necessary, andsimilarly does not believe any specificresponse to these comments isnecessary, and thus has not prey.idealany.

II1. Final ActionEPA is approving the State of West

Virginia's July 24, 2006 redesignationrequest and maintenance plan becausethe requirements for approval have beensatisfied. EPA has evaluated WestVirginia's redesignation request,submitted on [uly 24, 2006, anddetermined that it meets theredesignation criteria set forth in section107{d)13l{E} of the CAA. EPA believesthat the redesignation request andmonitoring data demonstrate that

Wheeling ha• attained the 8-hour ozonestandard. The final approval of thisredesignation request will change thedesignation of Wheeling fromnonattainment to attainment for the 8-hour ozone standard. EPA is approvingthe associated maintenance plan forWheeling, submitted on July 24, 2006,as a revision to the West Virginia SIP.EPA is approving the maintenance planfor Wheeling because it meets therequirements of section 175A.

EPA is also approving the MVEBssubmitted by West Virginia inconjunction with its rodesignationrequest. In this final rulemaking, EPA isnotifying the public that we have foundthat the MVEBs for NOx and VOCs inthe Wheeling B-hour ozone maintenanceplan are adequate and approved forconformity purposes. As a result of ourfinding, Marshall and Ohio Countiesmust use the MVEBs from the submittedB-hour ozone maintenance plan forfuture conformity determinations. Theadequate and approved MVEBs areprovided in the following table:

ADEQUATE AND APPROVED MOTORVEHICLE EMISSIONS BUDGETS(MVEBs) IN TONS PER DAY (TPD)

Budget year

2009 ............

2018 ............

NOx ] VOC

4.3 i 2.5"1.7' 1 1.4

Wheeling is subject to the CAA'srequirements for basic ozonenonattainment areas until and unless itis rodesignated to attainment.

IV. Statutory and Executive OrderReviews

A: General Requirements

Under Executive'Order 12866 (58 FR51735, October 4, 1993}, this final actionis not a "significant regulatory action"and therefore is not subject to review bythe Office of Management and Budget.For this reason, this action is also notsubject to Executive Order 13211,"Actions Concerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use" (66 Fed. Reg.28355 (May 22, 2001)). This actionapproves state law as meeting Federalrequirements and imposes no additionalrequirements beyond those imposed bystate law. Redesignation of an area toattainment under section 107(d}(3}(e} ofthe Clean Air Act does not impose anynew requirements on small entities.Redesignation is an action that affectsthe statu,• of a geographical area anddoes not impose any new regulatoryrequirements on sources. Accordingly,the Administrator certifies that this final

27250 Federal Register/Vol. 72, No. 93/Tuesday May 15, 2007/Rules and Regulationsi t i . i

rule will not have a significanteconomic impact on a substantialnumber of small entities under theRegulatory Flexibility Act (5 U.S.C. 601et seq.). Because this rule approves pre-existing requirements under state lawand does not impose any additionalenforceable duty beyond that requiredby state law. it does not contain anyunfunded mandate or significantly oruniquely affect small governments, asdescribed in the Unfunded MandatesReformAct of 1995 (Pub. L. 104-4}.This final rule also does not have asubstantial direct effect on one or moreIndian tribes, on the relationshipbetween the Federal Governmenl andIndian tribes, or on the distribution ofpower and responsibilities between theFederal Government and Indian tribes,as specified by Executive Order 13175(65 FR 67249, November 9, 2o00J. norwill it have substantial direct effects onthe States, on the relationship betweenthe national government and the States.or on the distribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132 (64 FR 43255,August 10. 1999), because it affects thestatus of a geographical area, does notimpose any new requirements onsources, or allow the state to avoidadopting or implementing otherrequirements, and does not alter therelationship or the distribution of powerand responsibilities established in theClean Air Act. This final rule also is notsubject to Executive Order 13045 (62 FR19885, April 23, 1997), because itapproves a state rule implementing aFederal standard. In reviewing SIPsubmissions, EPA's role is to approvestate choices, provided that they meetthe criteria of the Clean Air Act. In thiscontext, in the absence of a priorexisting requirement for the State to usevoluntary consensus standards (VCS),EPA has no authority to disapprove aSIP.submission for failure to use VCS.it would thus be inconsistent withapplicable law for EPA, when it reviewsa SIP submission; to use VCS in place

of a SIP submission that otherwisesatisfies the provisions of the Clean AirAct. Redesignation is an action thataffects the status of a geographical areaand does not impose any newrequirements on sources. Thus. tilerequirements of section 12(d) of theNational Technology Transfer andAdvancement Act of 1995 (15 U.S.C.272 note) do not apply. As required by'section 3 of Executive Order 12988 (61FR 4729. February 7. 1996), in issuingthis final nile, EPA has taken thenecessary steps to eliminate draftingerrors and ambiguity, minimizepotential litigation, and provide a clearlegal standard for affected conduct. EPAhas complied with Executive Order12630 (53 FR 8859, March 15, 1988) byexamining the takings implications ofthe rule in accordance with the"Attorney General's SupplementalGuidelines for the Evaluation of Riskand Avoidance of UnanticipatedTakings" issued under the executiveorder.

B. Submission to Congress and theComptroller General

The Congressional Review Act, 5U.S.C. 8Ol et seq., as added by the SmallBusiness Regulatory EnforcementFaiTness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes acopy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe Federal Register. This rule is not a"major rule" as defined by 5 U.S.C.804(2).

C. Petitions for ludicial ReviewUnder section 307(b)(1) of the Clean

Air Act, petitions for judicial review ofthis action must be filed in the UnitedStates Court of Appeals for the

appropriate circuit by July 16, 2007.Filing a petition for reco .n.sideration bythe Administrator of this final rule doesnot affect the finality of this rule for thepurposes of judicial review nor does itextend the time within wh•h a petitionfor judicial review may be filed, andshall not postpone the effectiveness ofsuch rule or action.

This action, to approve theredesignation request, maintenance planand adequacy determination for MVEBsfor Wheeling, may not be challengedlater in proceedings to enforce itsrequirements. (See section 307(b)(2}).

List of Subjects

40 C•W Part 52

Environmental protection, Airpollution control, Intergoverumentalrelations, Ozone, Nitrogen dioxide,Reporting and recordkeepingrequirements, Volatile organiccompounds.

40 CFR Part 81

Environmental protection, Airpollution control, National parks,Wilderness areas.

Dated: May 8, 2007.William T. Wisniewski,Acting Regional Administrator, Region II1.m 40 CFR parts 52 and 81 are amendedas follows:

PART 52--[AMENDED]

m 1. The authority citation for part 52continues to read as follows:

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

Subpart XX--Wast Virginia

¯ 2. In § 52.2520, the table in paragraph{e) is amended by adding an entry forthe a-Hour Ozone Maintenance Plan,Wheeling, WV-OH Area at the end ofthe table to read as follows:§ 52,2520 Identification of plan.

e) * * *

Name of non-regulatorySIP revision. Applicabte geographic area State submittal

date EPA approval date Additional explanation

t

B-Hour Ozone Maintenance Planfor the Wheeling, WV-OH Area.

Marshall and Ohio County ............. 07/24/06 05/15/07 [Insert pagenumber where thedocument begins].

PART 81 --[AMENDED]

¯ 3. The authority citation for part 81continues to read as follows:

Authority: 42 U.S.C. 7401 et #eq.

¯ 4. in § 81.349 the table entitled "WestVirginia--Ozol)e (8-Hour Standard)" isamended by revising the entry for the

Wheeling, WV-OH Area to read asfollows:

§81.349 West Virginia.

Federal Register/Vo[. 72, No. 93/Tuesday, May 15,,2007/Rules and Regulations 27251i i i i iiiii All I II

WEST VIRGINIA--OZONE .(8.HOUR STANDARD)

Designation -

Designated area ....

Date i Type

Category/classification

Date 1 Type

Wheeling, WV-OH Area

Marshall County" 5/15/07 Attainment.

Ohio County ................................................................. 5/15/07 Attainment.

Includes Indian country located in each county or area except otherwise noted.1This date is June 15, 2004, unless otherwise noted.

[FR Dec. E7-9287 Filed 5-14--O7; 8:45 am]

BILUNG CODE 6560-S(•P

DEPARTMENT OF COMMERCENational Oceanic and AtmosphericAdministration

50 CFR Part 622

[Docket No. 06052514H221--02]

RIN 0648-XA21

Fisheries of the Caribbean, Gulf ofMexico, and South Atlantic; Snapper/Grouper Resources of the SouthAtlantic; Trip Limit Reduction

AGENCY: National Marine FisheriesService (NMFS), National Oceanic andAtmospheric Administration (NOAA).Commerce.ACTION: Temporary rule; inseasonadiustment.SUMMARY: NMFS reduces thecommercial trip limit for golden tilefishin the South Atlantic to 300 lb (136 kg)per trip in or from the exclusiveeconomic zone (EEZ). This trip limitreduction is necessary to protect theSouth Atlantic" golden tilefish resource.DATES: This rule is effective 12:01 a.m.,local time. May 17, 2007, throughJanuary 1, 2008, unless changed byfurther notification in the FederalRegister.

FOR FURTHER INFORMATION CONTACT;Jason Rueter. telephone 727-824-5305.fax 727-824-5308. e-mailjason.rueter•noaa.gov.SUPPLEMENTARY INFORMATION: Thesnapper-grouper fishery of the SouthAtlantic is managed under the FisheryManagement Plan for the Snapper-Grouper Resources of the South Atlantic(FMP). The FMP was prepared by theSouth Atlantic Fishery ManagementCouncil and is implemented under theauthority of the Magnuson-StevensFishery Conservation and ManagementAct {Magnuson-Stevens Act) byregulations at 50 CFR part 622.

Under 50 CFR 622.44{c}(2}, NMFS isrequired to reduce the trip limit in thecommercial fishery for golden tilefishwhen 75 percent of the fishing yearquota is met to 300 lh (136 kg) per trip,by filing a notification to that effect inthe Federal Register. Bgsed on currentstatistics, NMFS has determined that 75percent of the available commercial,quota of 295,000 lb (133,810 kg), guttedweight, for golden tilefish will bereached on or before May 17, 2007.Accordingly, NMFS is reducing thecommercial golden tilefish trip limit to300 lb (136 kg} in the South AtlanticEEZ from 12:O1 a.m., local time, on May17, 2007, until the fishery closes or12:01 a.m., local time, on January 1,2oo8, whichever occurs first.

ClassificationThis action responds to the best

available information recently obtainedfrom the fishery. The Assistant

Administrator for Fisheries, NOAA.(AA), finds good cause to waive therequirement to provide prior notice andopportunity for public commentpursuant to the authority set forth at 5U.S.C. 553{b)(3)(B) as such prior noticeand opportunity f•r public comment isunnecessary and contrary to the publicinterest. Such procedures would beunnecessary because the rule itselfalready has been subject to notice andcomment, and all that remains is tonotify the public of the closure.Allowing prior notice and opportunityfor public comment is contrary to thepublic interest because of the need toimmediately implement this action inorder to protect the fishery since thecapacity of the fishing fleet allows forrapid over harvest of the quota. Priornotice and Opportunity {or publiccpmment would require additional timeand would likely result in a harvest wellin excess of the established quota. Forthe aforementioned reasons, the AA alsofinds good cause to waive the 30-daydelay in the effectiveness of this actionunder 5 U.S.C. 553(d}(3).

This action is taken under 50 CFR622.43(a) and is exempt from reviewunder Executive Order 12866.

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

Dated: May 10, 2007.

James P. Burgess,Acting Direclor, Office of Sustainablelqsheries, National Marine [•Tsheries Service,

[FR Dec. 07-2392 Filed 5-10-O7; 4:08 pm]BILLING CODE 3510-22-S