Rules and Regulations. Final rule

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BILLING CODE 4910-13-M DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 AGENCY: Department of the Navy, DOD. ACTION: Final rule. SUMMARY: The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS STERETT (DDG 104) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship.

The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply. DATES: This rule is effective November 5, 2007, and is applicable to August 1, 2007. FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-5066, telephone 202-685-5040. SUPPLEMENTARY INFORMATION:

Pursuant to the authority granted in 33 U.S.C. 1605, the Department of the Navy amends 32 CFR part 706. This amendment provides notice that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS STERETT (DDG 104) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship:

Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 2(f)(ii), pertaining to the vertical placement of task lights; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship in the athwartship direction.

The Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has also certified that the lights involved are located in closest possible compliance with the applicable 72 COLREGS requirements. Moreover, it has been determined, in accordance with 32 CFR parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on this vessel in a manner differently from that prescribed herein will adversely affect the vessel's ability to perform its military functions.

List of Subjects in 32 CFR Part 706 Marine safety, Navigation (water), and Vessels. For the reasons set forth in the preamble, amend part 706 of title 32 of the Code of Federal Regulations as follows: PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 1. The authority citation for part 706 continues to read: Authority: 33 U.S.C. 1605. 2. Table Four, Paragraph 15 of § 706.2 is amended by adding, in numerical order, the following entry for USS STERETT: § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605.

Vessel Number Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction * * * * * * * USS STERETT DDG 104 1.88 meters. * * * * * * * 3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical order, the following entry for USS STERETT: § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. Vessel Number Obstruction angle relative ship's headings * * * * * * * USS STERETT DDG 104 106.82 THRU 112.50 DEGREES. * * * * * * * 4.

Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS STERETT: § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. Table Five Vessel Hull No. Forward masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) After masthead light less than 1/2 ship's length aft of forward masthead light. Annex I, sec. 3(a) Percentage horizontal separation attained * * * * * * * USS STERETT DDG 104 X X X 14.5 * * * * * * * Approved:

August 1, 2007. Gregg A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E7-21586 Filed 11-2-07; 8:45 am] BILLING CODE 3810-FF-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2002-0071; FRL-8490-9] RIN 2060-A009 Update of Continuous Instrumental Test Methods: Technical Amendments AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. SUMMARY: EPA published a direct final rule on September 7, 2007, to correct errors in a May 15, 2006, final rule amending five instrumental test methods.

We received adverse comment during the comment period on the September 2007 direct final rule and are now withdrawing that direct final rule. DATES: Effective November 5, 2007, EPA withdraws the direct final rule published at 72 FR 51365, September 7, 2007. FOR FURTHER INFORMATION CONTACT: Foston Curtis, Air Quality Assessment Division, Office of Air Quality Planning and Standards (E143-02), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number

(919)541-1063; fax number

(919)541-0516; e-mail address: *curtis.foston@epa.gov.* SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are withdrawing the direct final rule entitled “Update of Continuous Instrumental Test Methods: Technical Amendments” published on September 7, 2007 (72 FR 51365). This direct final rule made corrections to a May 15, 2006 final rule (71 FR 28082) which amended five instrumental test methods. The direct final was to correct errors and clarify portions of the amendments that may have been ambiguous. We stated in the September 2007 direct final rule that if we received any adverse comments by October 9, 2007, the direct final would not take effect and we would publish a timely withdrawal in the **Federal Register** . We subsequently received adverse comments on that direct final rule. We will address those comments in any subsequent final action based on the parallel proposed rule also published on September 7, 2007 (72 FR 51392). As stated in the direct final rule and the parallel proposed rule, we will not institute a second comment period on this action. Dated: October 30, 2007. Stephen L. Johnson, Administrator. Accordingly, the amendments to the rule published on September 7, 2007 (72 FR 51365), are withdrawn as of November 5, 2007. [FR Doc. E7-21721 Filed 11-2-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-HQ-OAR-2003-0061; FRL-8490-8] Air Quality Designations for the Fine Particle (PM 2.5 ) National Ambient Air Quality Standards; Notice of Actions Denying Petitions for Reconsideration AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of actions denying petitions for reconsideration. SUMMARY: The EPA is providing notice that it has responded to sixteen petitions for reconsideration of the air quality designations for the fine particle (PM 2.5 ) national ambient air quality standards (NAAQS). The PM 2.5 designations were published in the **Federal Register** on January 5, 2005, and a supplemental notice to this action was published in the **Federal Register** on April 14, 2005. Subsequent to the publication of this action, a total of sixteen petitions for reconsideration were received by EPA. The EPA considered the petitions and supporting information along with information contained in the rulemaking docket in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petitions for reconsideration in separate letters to the petitioners issued between December 2005 and October 2007. The letters explain EPA's reasons for the denials. FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, U.S. EPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone

(202)564-5601, e-mail at *wilcox.geoffrey@epa.gov.* SUPPLEMENTARY INFORMATION: I. How Can I Get Copies of This Document and Other Related Information? This **Federal Register** notice, the petitions for reconsideration, and the letters denying the petitions for reconsideration are available in the docket that EPA established for the air quality designations for the fine particle NAAQS (docket number EPA-HQ-OAR-2003-0061). The table below identifies the petitions received by EPA, the date EPA received the petition, the document identification number for the petition, the date of EPA's response, and the document identification number for EPA's response. (Note that all the document numbers listed in the table are in the form of “EPA-HQ-OAR-2003-0061-xxxx.”) Petitioner Date of petition to EPA Petition: Document No. in docket Date of EPA response EPA response: Document No. in docket State of Connecticut 2/15/2005 −0756 12/5/2005 −0765. Commonwealth of Virginia 2/18/2005 −0665 12/5/2005 −0757. State of Maryland 2/22/2005 −0666 and −0667 12/5/2005 −0758. Guilford County, NC 2/22/2005 −0677 12/5/2005 −0759 and −0759.1. State of North Carolina 2/22/2005 −0676 12/5/2005 −0760. State of Alabama 1/20/2005 −0672 12/5/2005 −0761. State of Georgia 2/22/2005 −0673 12/5/2005 −0762. Southwestern PA Growth Alliance 3/4/2005 −0766, 0766.15, 0766.16, 0766.17 12/5/2005 −0763. Oakland County, MI (first petition) 3/7/2005 −0636 1/20/2006 −0740. State of Michigan 2/22/2005 −0635 1/20/2006 −0737. State of West Virginia 2/21/2005 −0661 1/20/2006 −0735. State of Ohio 2/14/2005 −0681 1/20/2006 −0736. State of Georgia 6/10/2005 −0728 thru 0728.11 1/20/2006 −0738. Dynegy Midwest Generation 6/13/2005 −0721 and −0726 1/20/2006 −0739. Midwest Ozone Group/West Virginia Chamber of Commerce 3/28/2006 −0744 8/16/2007 −0746 and −0746.1. Oakland County, MI (second petition) 3/21/2006 −0747 thru 0751 9/25/2007 −0764. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information

(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the EPA Docket Center (Air Docket), EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744 and the telephone number for the Air Docket is

(202)566-1742. This **Federal Register** notice, the petitions for reconsideration, and the letters denying the petitions can also be found on EPA's Web site *http://www.epa.gov/pmdesignations/regs.htm.* The air quality designations for the fine particle NAAQS were published in the **Federal Register** on January 5, 2005 at 70 FR 944. A supplemental notice was published in the **Federal Register** on April 14, 2005 at 70 FR 19844. II. Judicial Review Section 307(b)(1) of the Act indicates which Federal Courts of Appeal have venue for petitions for review of final actions by EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit if:

(i)The agency action consists of “nationally applicable regulations promulgated, or final action taken, by the Administrator,” or

(ii)such actions are locally or regionally applicable, if “such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.” The EPA has determined that its actions denying the petitions for reconsideration are of nationwide scope and effect for purposes of section 307(b)(1) because EPA previously found that the air quality designations for the PM 2.5 NAAQS, which establish designations for all areas of the United States, to be of nationwide scope and effect. Thus, any petitions for review of the letters denying the petitions for reconsideration described in this Notice must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date this Notice is published in the **Federal Register** . Dated: October 30, 2007. Stephen L. Johnson, Administrator. [FR Doc. E7-21681 Filed 11-2-07; 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-XC59 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 fishery for king mackerel in the exclusive economic zone

(EEZ)in the western zone of the Gulf of Mexico. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective from 12 noon, local time, November 3, 2007, through June 30, 2008. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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, NMFS implemented a commercial quota for the Gulf of Mexico migratory group of king mackerel in the western zone of 1.01 million lb (0.46 million kg) (66 FR 17368, March 30, 2001). Under 50 CFR 622.43(a), 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 the commercial quota of 1.01 million lb (0.46 million kg) for Gulf group king mackerel in the western zone will be reached by November 3, 2007. Accordingly, the commercial fishery for Gulf group king mackerel in the western zone is closed effective 12 noon, local time, November 3, 2007, through June 30, 2008, the end of the fishing year. The boundary between the eastern and western zones is 87°31′06″ W. long., which is a line directly south from the Alabama/Florida boundary. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed zones or subzones. A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zones or subzones under the bag and possession limits set forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. During the closure, king mackerel from the closed zones or subzones taken in the EEZ, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to trade in king mackerel from the closed zones or subzones that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor. 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 prior notice and opportunity for public comment is 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. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action in order to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment will require time and would potentially result in a harvest well in excess of the quota. For the aforementioned reasons, the AA also finds good cause to waive the 30 day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). 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: October 30, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07-5461 Filed 10-30-07; 3:01 pm]

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