52488            Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations

                                                         Federal Register / Vol. 72, No. 178 / Friday, September 14,...
52490            Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations

                                                         Federal Register / Vol. 72, No. 178 / Friday, September 14,...
Rule Aliens; Legal Assistance Restrictions Legal Assistance To Citizens Of Micronesia, Marshall Is
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Rule Aliens; Legal Assistance Restrictions Legal Assistance To Citizens Of Micronesia, Marshall Is

  1. 1. 52488 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations Palau legally residing in the United consequences to public health or the PART 247—COMPREHENSIVE States. environment. To the extent that PROCUREMENT GUIDELINE FOR disadvantaged populations are PRODUCTS CONTAINING DATES: This final rule is effective as of disproportionately at risk for such RECOVERED MATERIALS October 15, 2007. effects, this rule may well result in FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 247 I community benefits. Mattie Cohan, Senior Assistant General is revised to read as follows: Counsel, Office of Legal Affairs, Legal K. Congressional Review Act Authority: 42 U.S.C. 6912(a) and 6962; EO Services Corporation, 3333 K Street, 13423, 72 FR 3919, 3 CFR, 1998 Comp., p. The Congressional Review Act, 5 NW., Washington, DC 20007; 202–295– 210. U.S.C. 801 et seq., as added by the Small 1624 (ph); 202–337–6519 (fax); Business Regulatory Enforcement 2. Section 247.3 is amended by I mcohan@lsc.gov. Fairness Act of 1996, generally provides revising the definition of ‘‘compost’’ and SUPPLEMENTARY INFORMATION: LSC- that before a rule may take effect, the adding a definition in alphabetical order funded legal services providers are agency promulgating the rule must for ‘‘fertilizer made from recovered permitted to provide legal assistance submit a rule report, which includes a organic materials’’ to read as follows: only to citizens of the United States and copy of the rule, to each House of the aliens upon whom eligibility has been § 247.3 Definitions. Congress and to the Comptroller General expressly conferred by statute. LSC * * * * * of the United States. EPA will submit a regulations at 45 CFR part 1626 Compost is a thermophilic converted report containing this rule and other implement the various existing statutory product with high humus content. required information to the U.S. Senate, authorities and set forth the eligibility Compost can be used as a soil the U.S. House of Representatives, and standards based on citizenship and amendment and can also be used to the Comptroller General of the United eligible alien status. Since 1996 Part prevent or remediate pollutants in soil, States prior to publication of the rule in 1626 has limited the eligibility of air, and storm water run-off. the Federal Register. A major rule citizens of the Republic of the Marshall cannot take effect until 60 days after it * * * * * Islands (‘‘RMI’’) and the Federated is published in the Federal Register. Fertilizer made from recovered States of Micronesia (‘‘FSM’’) and the This action is not a ‘‘major rule’’ as organic materials is a single or blended Republic of Palau to services provided defined by 5 U.S.C. 804(2). This rule substance, made from organic matter in those respective nations (unless the will be effective September 15, 2008. such as plant and animal by-products, applicant is otherwise eligible under manure-based or biosolid products, and Part 1626). In connection with LSC’s IX. Supporting Information and rock and mineral powders, that contains development of a 2007 Rulemaking Accessing Internet one or more recognized plant nutrient(s) Agenda, the Legal Aid Society of and is used primarily for its plant Supporting materials for this final Hawai’i (LASH) and Legal Aid of nutrient content and is designed for use CPG V are available in the OSWER Arkansas (LAA) have both requested or claimed to have value in promoting Docket and on the Internet. The address that LSC engage in rulemaking to plant growth. and telephone number of the OSWER change the section 1626.10(a) to provide Docket are provided in the * * * * * for the eligibility of citizens of RMI, SUPPLEMENTARY INFORMATION section FSM and Palau legally residing in the I 3. In § 247.15, revise paragraph (b) above. Supporting materials can be United States for legal assistance from and add paragraph (f) to read as follows: accessed on the Internet at LSC-funded programs. § 247.15 Landscaping products. LSC agreed that there was sufficient www.regulations.gov. Among the reason and authority for LSC to amend supporting materials available in the * * * * * its regulation in this regard. To that end, OSWER Docket and on the Internet are (b) Compost made from recovered the Operations and Regulations the following: organic materials. Committee of the LSC Board of Directors * * * * * ‘‘Background Document for the Final considered a Draft NPRM and the Board (f) Fertilizer made from recovered Comprehensive Guideline (CPG) V and of Directors approved an NPRM for organic materials. Final Recovered Materials Advisory publication and comment at their Notice (RMAN) V,’’ U.S. Environmental [FR Doc. E7–18150 Filed 9–13–07; 8:45 am] respective meetings on July 28, 2007. Protection Agency, Office of Solid BILLING CODE 6560–50–P That NPRM was published on August 2, Waste, August, 2007. 2007 (72 FR 42363). ‘‘Economic Impact Analysis for Final LSC received twelve timely filed Comprehensive Procurement Guideline LEGAL SERVICES CORPORATION comments and one late filed comment V,’’ U.S. Environmental Protection on the NPRM. In addition to comments Agency, Office of Solid Waste, July 45 CFR Part 1626 from grantees, LSC received comments 2007. from the Embassy of the Federated Restrictions on Legal Assistance to States of Micronesia, several List of Subjects in 40 CFR Part 247 Aliens organizations representing the Environmental protection, Micronesian community, community Legal Services Corporation. AGENCY: Government procurement, Recycling. services organizations providing aid and Final rule. ACTION: services to citizens of RMI, FSM and Dated: September 6, 2007. SUMMARY: LSC is amending section Palau, and two individual citizens.1 All Stephen L. Johnson, 1626.10(a) of this regulation to permit Administrator. rmajette on PROD1PC64 with RULES LSC grant recipients to provide legal 1 In addition to the comments filed directly in response to the NPRM, LSC also notes that it had, assistance to otherwise financially For the reasons discussed in the I prior to the issuance of the NPRM, received letters eligible citizens of the Federated States preamble, title 40, chapter I, of the Code from the Department of Interior’s Office of Insular of Micronesia, the Republic of the of Federal Regulations, is amended as Affairs and the Embassy of Palau, a letter signed by Marshall Islands and the Republic of follows: several Members of Congress, and several oral VerDate Aug<31>2005 14:52 Sep 13, 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:FRFM14SER1.SGM 14SER1
  2. 2. 52489 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations additional United States grant assistance, comments from the LSC Office of of the comments supported the services and programs as provided by the proposed rule change. Inspector General (OIG). As explained laws of the United States, to the Marshall in the preamble to the 1996 Final Rule: History of FAS Eligibility for Legal Islands or the Federated States of Micronesia, The OIG suggested that both the prior rule Assistance From LSC-Funded Programs respectively. and the interim rule dealt with the question The Compact of Free Association Act of At the time of the creation of LSC in of special eligibility incorrectly and urged 1985 (‘‘CFA Act’’) (Pub. L. 99–239, 1974, the countries that are now the that the final rule refer only to the legal codified at 48 U.S.C. 1901 et seq.), sovereign nations of the Republic of the services programs serving people who were which implemented the Compact, Marshall Islands (‘‘RMI’’), the Federated citizens of those jurisdictions. The effect of provides express authority for the States of Micronesia (‘‘FSM’’), and the this change would be to make financially eligible citizens of the Federated States of provision of LSC-funded legal services. Republic of Palau were possessions of Micronesia, the Republic of the Marshall Specifically, section 105(h)(1)(A) of the the United States, known as the Trust Islands and the Republic of Palau only CFA Act provides that: Territories of the Pacific Islands (‘‘the eligible for legal services from the recipients Trust Territories’’). The LSC Act defined * * * pursuant to section 224 of the serving those areas * * * They would not be the Trust Territories as a ‘‘State’’ for the Compact the programs and services of the eligible for services from any other recipients purposes of the Act. The Act thus [Legal Services Corporation] shall be made unless they also came within one of the available to the Federated States of conferred eligibility for LSC-funded categories of eligible aliens listed in section Micronesia and to the Marshall Islands. legal services to Trust Territory 1626.5 * * * residents to the same extent provided to The implementing act for the Compact 62 FR 19413 (April 21, 1997). The OIG’s residents of any other State of the with Palau makes section 105 of the comments were based upon its United States. Section 1002(8) of the CFA Act applicable to the Republic of interpretation of the CFA Act that the LSC Act, 42 U.S.C. 2996a(8). Palau. 48 U.S.C. 1932(b).2 language of the CFA Act provides In 1983, Congress placed the first After the signing of the respective authority for the provision of services statutory restrictions on representation Compacts and the corresponding within those nations, but does not of aliens on LSC recipients in LSC’s implementing statutes, the FAS expressly confer individual eligibility appropriations bill for that year, Public remained covered by the special for services to the citizens of those Law 97–377. That law provided that eligibility section of Part 1626, nations without reference to where the none of the funds appropriated could be notwithstanding their change in legal service is to be provided. The Board expended to provide legal assistance for ` status vis-a-vis their relationship with considered the matter, agreed with the or on behalf of any alien unless the alien the United States. In 1989 that section OIG analysis, and revised § 1626.10(a) was a resident of the U.S. and otherwise of the regulation was amended to make as follows. met certain statutorily specified criteria. the section more precise in light of the On its face, this language would have termination of the trust. Under this This part [1626] is not applicable to appeared to imply that all non-U.S. version of the rule, the special eligibility recipients providing services in the citizens, including residents of RMI, Commonwealth of the Northern Mariana section provided: FSM and Palau would be subject to Islands, the Republic of Palau, the Federated (a) Micronesia. The alien restriction stated these restrictions, notwithstanding their States of Micronesia, or the Republic of the in the appropriations acts is not applicable to Marshall Islands. eligibility under the LSC Act. To deal the legal services program in the following with this problem, LSC included a Pacific island entities: 62 FR 19413 (April 21, 1997); 45 CFR ‘‘special eligibility section’’ (§ 1626.10) (1) Commonwealth of the Northern 1626.10(a). Thus, since 1996 otherwise in the implementing regulations on Marianas; financially eligible residents of the FAS (2) Republic of Palau; representation of aliens, 45 CFR Part seeking assistance from legal services (3) Federated States of Micronesia; 1626, to exempt residents of the Trust providers in the United States may only (4) Republic of the Marshall Islands Territory from the alien restrictions receive such assistance if they meet the All citizens of these entities are eligible to imposed by Congress. receive legal assistance, provided they are alien eligibility requirements of In 1986 the trust governing the otherwise eligible under the [LSC] Act. § 1626.5. relationship between the U.S. and the 54 FR 18812 (April 29, 1989). The Trust Territories was terminated. At that Alternative Interpretation of the preamble to the Final Rule adopting this time the former Trust Territories were Compact Act language explained that this change was recognized as independent nations and intended to ‘‘restate[] congressional During the last session of Congress, a new relationship with RMI, FSM and intent that residents of these political legislation was passed in the Senate by Palau was created by the signing of two entities be eligible to be clients of a legal unanimous consent on September 29, Compacts of Free Association, one with services program.’’ Id. at 18110. The 2006, which would have definitively RMI and FSM and the other with Palau. special eligibility section addressing the clarified the issue by clearly stating that The Compact with RMI and FSM FAS remained as set forth above until LSC services were to be available to the contemplates the provision of certain 1996. citizens of the FAS. Specifically, section services and programs of the U.S. to As a result of new statutory 5 of S.1830, provided: those nations. Specifically, section 224 restrictions contained in the LSC FY of the Compact of Free Association with SEC. 5. AVAILABILITY OF LEGAL 1996 appropriations legislation (Pub. L. RMI and FSM provides that: SERVICES. 104–134), additional changes to Part Section 105(f)(1)(C) of the Compact of Free The Government of the United States and 1626 were made in 1996. Although the Association Amendments Act of 2003 (48 the Government of the Marshall Islands or statutory amendments did not address U.S.C. 1921d(f)(1)(C)) is amended by the Federated States of Micronesia may agree this issue, § 1626.10(a) was again inserting before the period at the end the from time to time to the extension of following: ‘‘, which shall also continue to be revised, this time in response to rmajette on PROD1PC64 with RULES available to the citizens of the Federated comments presented at the July 28, 2007 Operations States of Micronesia, the Republic of Palau, 2 RMI, FSM and Palau are collectively referred to and Regulations Committee meeting. LSC considers and the Republic of the Marshall Islands who as the ‘‘Freely Associated States’’ or ‘‘FAS.’’ This these comments as entirely consistent with and legally reside in the United States (including designation will be used throughout the remainder supportive of the spirit and letter of the proposed territories and possessions)’’. of the supplementary information section. change to the regulation. VerDate Aug<31>2005 14:52 Sep 13, 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:FRFM14SER1.SGM 14SER1
  3. 3. 52490 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations also 6,000 to 10,000 Marshallese living State. They reiterated their The report accompanying S.1830 understanding of the Compact and the in Northwest Arkansas alone. explained that: CFA Act. In particular, they explained Thus, while there was relatively little Section 5 clarifies that section 105(f)(1)(C) that the United States and the FAS demand for legal services among FAS of the CFAAA is intended to continue countries negotiated the Compacts as citizens in the United States in 1996, the eligibility for the programs and services of essentially an aid package and that the the Legal Services Corporation for FSM and increased migration of FAS citizens to RMI migrants who legally reside in the Departments of Interior and State, as the United States has significantly United States. Legal Services Corporation well as the FAS nations themselves, increased the potential demand for legal eligibility was extended by the first Compact consider the extension of benefits to the services among members of that Act in 1986 (P.L. 99–239), but in 1996, FAS to include the extension of benefits community. The inability of financially without any further action by Congress, the to FAS citizens, regardless of where eligible FAS citizens in the U.S. to Legal Services Corporation, by rule, those citizens are lawfully residing (in access legal services from LSC programs terminated the eligibility of FSM and RMI the FAS or the United States). As an migrants. Section 104(e) of the original assistance is a growing problem for the example, they noted that the CFA Act Compact Act, and of the CFAAA, state that U.S. FAS community. LASH, for it is ‘not the intent of Congress to cause any extends the Pell Grant (educational example, has noted that that FAS adverse consequences for an affected area,’ grants) program to the FAS and that the citizens working in Hawai’i are more which are defined as Hawaii, Guam, the grants are provided to FAS citizens likely to be victims of unscrupulous CNMI, and American Samoa. The Legal regardless of whether they are attending employers because they believe that Services Corporation is one of those institutions of higher education in the such citizens have little recourse to legal programs which had assisted local FAS or in the United States. Similarly, services to protect their employment communities, in both the ‘‘affected areas’’ FAS citizens are eligible for Job Corps and in the mainland U.S., in responding to rights. Several commenters on the services being provided in the United the impacts and needs of FSM and RMI NPRM reiterated these statistics, citizens who were residing in U.S. States. emphasizing the increasing migration of communities. This section would restore Several commenters specifically FAS citizens to the U.S. and the legal eligibility as it existed from 1986 to 1996. addressed the issue of interpretation of vulnerability of many members of this the treaty. These commenters agreed Similar legislation was introduced in community. that the different interpretation of the the House, but was not acted on during Amendment of § 1626.10(a) CFA Act being considered was, indeed, the course of the 109th Congress. the better interpretation. They urged Accordingly, there was no final LSC proposed to amend § 1626.10(a) LSC to amend the regulation to reflect legislation enacted into law on this to redesignate the existing language in this alternate interpretation. subject in the last Congress. More paragraph (a) as paragraph (a)(1) and to In light of the above, it would appear recently, on January 12, 2007, S.283, the add a new paragraph (a)(2) to read as that LSC’s interpretation of the CFA Act, Compact of Free Association follows: ‘‘All citizens of the Republic of while permissible, was not the only Amendments Act was introduced in the Palau, the Federated States of permissible reading and perhaps, in Senate. On February 15, 2007, the bill Micronesia, and the Republic of the hindsight, not the best available reading. was reported out of the Senate Marshall Islands residing in the United Moreover, LSC appears to be within its Committee on Energy and Natural States are eligible to receive legal legal authority under the law to amend Resources, accompanied by a written assistance provided that they are § 1626.10 to permit FAS citizens to report. The operative language of the otherwise eligible under the Act.’’ This receive legal assistance anywhere LSC bill and report dealing with the language makes explicit that FAS services are provided without requiring availability of legal assistance from LSC citizens are eligible under Part 1626 for independent eligibility under Part 1626. recipients to citizens of the FAS, legal assistance and is consistent with regardless of where they are obtaining Need for Amendment of the the other eligibility provision in those services, is the same as in last Regulation—FAS Citizens in the United § 1626.10 addressing the eligibility of year’s Senate bill (quoted above). A States Canadian-born American Indians at similar bill, H.R. 2705, has also been least 50% Indian by blood, members of When LSC was created in 1974, there introduced in the House. As of the the Texas Band of Kickapoo and foreign were probably no more than a few publication of this notice, both of the nationals seeking assistance pursuant to thousand Micronesians living in Guam bills are still pending. the Hague Convention. 45 CFR and Hawai’i, and a scattering in the In addition, LSC received a letter 1626.10(b); 1626.10(c); and 1626.10(d). continental United States. Even when dated June 1, 2007, from David Cohen, The ‘‘otherwise eligible’’ language is the first Compact was negotiated in Deputy Assistant Secretary for Insular meant to refer to financial eligibility (for 1986, there were probably still less than Affairs at the Department of Interior. In the provision of LSC-funded legal ten thousand Micronesians living his letter, Deputy Assistant Secretary assistance’’) and to the permissibility of within U.S. territory, still mostly in Cohen stated: the legal assistance provided under Guam and Honolulu. However, when I can assure you that it is consistent with applicable law and regulation. In light the Compact was renegotiated and Federal policy under the Compacts and the of the information in the record, LSC is extended in 2002, it was then known [implementing] public laws * * * to allow now adopting the proposed amendment that the migration pattern was showing FAS citizens lawfully resident in the United as set forth in the NPRM. greatly increased numbers in the States to receive LSC services * * * We are continental United States. According to not aware of any intention to permit the List of Subjects in 45 CFR Part 1626 the Embassy of FSM there are, in extension of LSC benefits to FAS citizens in Aliens, Grant programs—law, Legal the FAS but to prevent the extension of those addition to the traditionally high services, Migrant labor, Reporting and benefits to FAS citizens during their lawful populations of Micronesians in Guam rmajette on PROD1PC64 with RULES recordkeeping requirements. residence in the United States. and Hawai’i, at least 30,000 to 40,000 FSM citizens living or going to school I For reasons set forth above, and under Subsequently, representatives of LSC in the continental U.S. Further, LAA has the authority of 42 U.S.C. 2996g(e), LSC met with the Deputy Assistant noted in its request to LSC for is amending 45 CFR part 1626 as Secretary, several members of his staff rulemaking on this issue that there are follows: and an attorney from the Department of VerDate Aug<31>2005 14:52 Sep 13, 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:FRFM14SER1.SGM 14SER1
  4. 4. 52491 Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 / Rules and Regulations delay the closure of Atka mackerel for through 1200 hrs, A.l.t., December 31, PART 1626—RESTRICTIONS ON gears other than jig in the Eastern 2007. LEGAL ASSISTANCE TO ALIENS Aleutian District and the Bering Sea FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 1626 I subarea of the BSAI. NMFS was unable Jennifer Hogan, 907–586–7228. continues to read as follows: to publish a notice providing time for NMFS SUPPLEMENTARY INFORMATION: public comment because the most Authority: Pub. L. 104–208, 110 Stat. 1321; manages the groundfish fishery in the recent, relevant data only became Pub L. 104–134, 110 Stat. 3009. BSAI according to the Fishery available as of September 10, 2007. Management Plan for Groundfish of the 2. Amend § 1626.10 by revising I The AA also finds good cause to Bering Sea and Aleutian Islands paragraph (a) to read as follows: waive the 30-day delay in the effective Management Area (FMP) prepared by date of this action under 5 U.S.C. § 1626.10 Special eligibility questions the North Pacific Fishery Management 553(d)(3). This finding is based upon (a)(1) This part is not applicable to Council under authority of the the reasons provided above for waiver of recipients providing services in the Magnuson-Stevens Fishery prior notice and opportunity for public Commonwealth of the Northern Mariana Conservation and Management Act. comment. Islands, the Republic of Palau, the Regulations governing fishing by U.S. This action is required by § 679.20 Federated States of Micronesia, or the vessels in accordance with the FMP and is exempt from review under Republic of the Marshall Islands. appear at subpart H of 50 CFR part 600 Executive Order 12866. (2) All citizens of the Republic of and 50 CFR part 679. Authority: 16 U.S.C. 1801 et seq. Palau, the Federated States of The 2007 Atka mackerel TAC for Micronesia, and the Republic of the Dated: September 11, 2007. gears other than jig in the Eastern Marshall Islands residing in the United Aleutian District and the Bering Sea Alan D. Risenhoover States are eligible to receive legal subarea in the BSAI is 22,015 metric Director, Office of Sustainable Fisheries, assistance provided that they are National Marine Fisheries Service. tons (mt) as established by the 2007 and otherwise eligible under the Act. 2008 final harvest specifications for [FR Doc. 07–4561 Filed 9–11–07; 3:00 pm] groundfish in the BSAI (72 FR 9451, * * * * * BILLING CODE 3510–22–S March 2, 2007). Victor M. Fortuno, In accordance with § 679.20(d)(1)(i), Vice President and General Counsel. DEPARTMENT OF COMMERCE the Administrator, Alaska Region, [FR Doc. E7–18194 Filed 9–13–07; 8:45 am] NMFS (Regional Administrator), has National Oceanic and Atmospheric determined that the 2007 Atka mackerel BILLING CODE 7050–01–P Administration TAC for gears other than jig in the Eastern Aleutian District and the Bering 50 CFR Part 679 Sea subarea in the BSAI will soon be DEPARTMENT OF COMMERCE reached. Therefore, the Regional [Docket No. 070213032–7032–01] Administrator is establishing a directed National Oceanic and Atmospheric RIN 0648–XC52 fishing allowance of 21,915 mt, and is Administration setting aside the remaining 100 mt as Fisheries of the Exclusive Economic bycatch to support other anticipated 50 CFR Part 679 Zone Off Alaska; Shallow-Water groundfish fisheries. In accordance with Species Fishery by Vessels Using [Docket No. 070213033–7033–01] § 679.20(d)(1)(iii), the Regional Trawl Gear in the Gulf of Alaska Administrator finds that this directed RIN 0648–XC56 National Marine Fisheries fishing allowance has been reached. AGENCY: Service (NMFS), National Oceanic and Consequently, NMFS is prohibiting Fisheries of the Exclusive Economic Atmospheric Administration (NOAA), directed fishing for Atka mackerel for Zone Off Alaska; Atka Mackerel With Commerce. gears other than jig in the Eastern Gears Other than Jig in the Eastern Aleutian District and the Bering Sea ACTION: Temporary rule; modification of Aleutian District and the Bering Sea subarea in the BSAI. a closure. Subarea in the Bering Sea and Aleutian After the effective date of this closure Islands Management Area SUMMARY: NMFS is opening directed the maximum retainable amounts at fishing for 12 hours for shallow-water National Marine Fisheries AGENCY: § 679.20(e) and (f) apply at any time species by vessels using trawl gear in Service (NMFS), National Oceanic and during a trip. the Gulf of Alaska (GOA). This action is Atmospheric Administration (NOAA), Classification necessary to allow the shallow-water Commerce. species fishery in the GOA to resume. This action responds to the best ACTION: Temporary rule; closure. DATES: Effective 0800 hrs, Alaska local available information recently obtained SUMMARY: NMFS is prohibiting directed time (A.l.t.), September 11, 2007, from the fishery. The Assistant fishing for Atka mackerel with gears through 2000 hrs, A.l.t., September 11, Administrator for Fisheries, NOAA other than jig in the Eastern Aleutian 2007. Comments must be received at the (AA), finds good cause to waive the District and the Bering Sea subarea in following address no later than 4:30 requirement to provide prior notice and the Bering Sea and Aleutian Islands p.m., A.l.t., September 26, 2007. opportunity for public comment management area (BSAI). This action is pursuant to the authority set forth at 5 ADDRESSES: Send comments to Sue necessary to prevent exceeding the 2007 U.S.C. 553(b)(B) as such requirement is Salveson, Assistant Regional Atka mackerel total allowable catch impracticable and contrary to the public Administrator, Sustainable Fisheries rmajette on PROD1PC64 with RULES (TAC) with gears other than jig in the interest. This requirement is Division, Alaska Region, NMFS, Attn: Eastern Aleutian District and the Bering impracticable and contrary to the public Ellen Sebastian. Comments may be Sea subarea in the BSAI. interest as it would prevent NMFS from submitted by: • Mail to: P.O. Box 21668, Juneau, AK responding to the most recent fisheries DATES: Effective 1200 hrs, Alaska local data in a timely fashion and would 99802; time (A.l.t.), September 11, 2007, VerDate Aug<31>2005 14:52 Sep 13, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:FRFM14SER1.SGM 14SER1