Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 12148-12149 [06-2254]
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Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
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year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
I. Plain Language
Executive Order 12866 requires each
agency to write all rules in plain
language. This final rule will not
significantly impact the complexity of
FMVSS 202.
J. Executive Order 13045
Executive Order 13045 applies to any
rule that: (1) Is determined to be
economically significant as defined
under E.O. 12866, and (2) concerns an
environmental, health or safety risk that
NHTSA has reason to believe may have
a disproportionate effect on children. If
the regulatory action meets both criteria,
we must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by us.
This rulemaking does not involve
decisions based on health risks that
disproportionately affect children.
hsrobinson on PROD1PC70 with RULES
K. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) requires NHTSA to
evaluate and use existing voluntary
consensus standards 9 in its regulatory
activities unless doing so would be
inconsistent with applicable law (e.g.,
the statutory provisions regarding
NHTSA’s vehicle safety authority) or
otherwise impractical. In meeting that
requirement, we are required to consult
with voluntary, private sector,
consensus standards bodies. Examples
of organizations generally regarded as
9 Voluntary consensus standards are technical
standards developed or adopted by voluntary
consensus standards bodies. Technical standards
are defined by the NHTSA as ‘‘a performance-based
or design specific technical specifications and
related management systems practices. They pertain
to products and processes, such as size, strength, or
technical performance of a product, process or
material.’’
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15:06 Mar 08, 2006
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voluntary consensus standards bodies
include the American Society for
Testing and Materials (ASTM), the
Society of Automotive Engineers (SAE),
and the American National Standards
Institute (ANSI). If NHTSA does not use
available and potentially applicable
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through OMB, an explanation of the
reasons for not using such standards.
The agency is not aware of any new
voluntary consensus standards
addressing the changes made to the
December 2004 final rule as a result of
this final rule.
List of Subjects in 49 CFR Part 571
Imports, Incorporation by reference,
Motor vehicle safety, Motor vehicles,
and Tires.
In consideration of the foregoing, 49
CFR part 571 is amended as follows:
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D.
011106A]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS closes the commercial
run-around gillnet fishery for king
mackerel in the exclusive economic
zone (EEZ) in the southern Florida west
coast subzone. This closure is necessary
to protect the Gulf king mackerel
resource.
The closure is effective 6 a.m.,
local time, March 7, 2006, through 6
a.m., January 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
Steve.Branstetter@noaa.gov.
DATES:
1. The authority citation for part 571
of title 49 continues to read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.202a is amended by
revising S4.1 to read as follows:
I
§ 571.202a
restraints.
Standard No. 202a; Head
*
*
*
*
*
S4.1 Performance levels. In each
vehicle other than a school bus, a head
restraint that conforms to either S4.2 or
S4.3 of this section must be provided at
each front outboard designated seating
position. In each vehicle manufactured
after September 1, 2010 and equipped
with rear outboard head restraints, the
rear head restraint must conform to
either S4.2 or S4.3 of this section. In
each school bus, a head restraint that
conforms to either S4.2 or S4.3 of this
section must be provided for the driver’s
seating position. At each designated
seating position incapable of seating a
50th percentile male Hybrid III test
dummy specified in 49 CFR part 572,
subpart E, the applicable head restraint
must conform to S4.2 of this section.
*
*
*
*
*
Issued on: March 1, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 06–2108 Filed 3–8–06; 8:45 am]
BILLING CODE 4910–59–P
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The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and bluefish) is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
Based on the Councils’ recommended
total allowable catch and the allocation
ratios in the FMP, on April 30, 2001 (66
FR 17368, March 30, 2001), NMFS
implemented a commercial quota of
2.25 million lb (1.02 million kg) for the
eastern zone (Florida) of the Gulf
migratory group of king mackerel. That
quota is further divided into separate
quotas for the Florida east coast subzone
and the northern and southern Florida
west coast subzones. On April 27, 2000,
NMFS implemented the final rule (65
FR 16336, March 28, 2000) that divided
the Florida west coast subzone of the
eastern zone into northern and southern
SUPPLEMENTARY INFORMATION:
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09MRR1
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
hsrobinson on PROD1PC70 with RULES
subzones, and established their separate
quotas. The quota implemented for the
southern Florida west coast subzone is
1,040,625 lb (472,020 kg). That quota is
further divided into two equal quotas of
520,312 lb (236,010 kg) for vessels in
each of two groups fishing with runaround gillnets and hook-and-line gear
(50 CFR 622.42(c)(1)(i)(A)(2)(i)).
Under 50 CFR 622.43(a)(3), NMFS is
required to close any segment of the
king mackerel commercial fishery when
its quota has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register. NMFS has determined that the
commercial quota of 520,312 lb (236,010
kg) for Gulf group king mackerel for
vessels using run-around gillnet gear in
the southern Florida west coast subzone
has been reached. Accordingly, the
commercial fishery for king mackerel for
such vessels in the southern Florida
west coast subzone is closed at 6 a.m.,
local time, March 7, 2006, through 6
a.m., January 16, 2007, the beginning of
the next fishing season, i.e., the day
after the 2007 Martin Luther King Jr.
Federal holiday.
The Florida west coast subzone is that
part of the eastern zone south and west
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Jkt 208001
of 25°20.4′ N. lat. (a line directly east
from the Miami-Dade County, FL,
boundary). The Florida west coast
subzone is further divided into northern
and southern subzones. The southern
subzone is that part of the Florida west
coast subzone that from November 1
through March 31 extends south and
west from 25°20.4′ N. lat. to 26°19.8′ N.
lat.(a line directly west from the Lee/
Collier County, FL, boundary), i.e., the
area off Collier and Monroe Counties.
From April 1 through October 31, the
southern subzone is that part of the
Florida west coast subzone that is
between 26°19.8′ N. lat. and 25°48′ N.
lat.(a line directly west from the
Monroe/Collier County, FL, boundary),
i.e., the area off Collier County.
Classification
This action is required by 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
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 prior
notice and an opportunity for public
comment pursuant to the authority set
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12149
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, because 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
established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–2254 Filed 3–6–06; 3:18 pm]
BILLING CODE 3510–22–S
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09MRR1
Agencies
[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12148-12149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2254]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02; I.D. 011106A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the commercial run-around gillnet fishery for king
mackerel in the exclusive economic zone (EEZ) in the southern Florida
west coast subzone. This closure is necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective 6 a.m., local time, March 7, 2006,
through 6 a.m., January 16, 2007.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and,
in the Gulf of Mexico only, dolphin and bluefish) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
by regulations at 50 CFR part 622.
Based on the Councils' recommended total allowable catch and the
allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30,
2001), NMFS implemented a commercial quota of 2.25 million lb (1.02
million kg) for the eastern zone (Florida) of the Gulf migratory group
of king mackerel. That quota is further divided into separate quotas
for the Florida east coast subzone and the northern and southern
Florida west coast subzones. On April 27, 2000, NMFS implemented the
final rule (65 FR 16336, March 28, 2000) that divided the Florida west
coast subzone of the eastern zone into northern and southern
[[Page 12149]]
subzones, and established their separate quotas. The quota implemented
for the southern Florida west coast subzone is 1,040,625 lb (472,020
kg). That quota is further divided into two equal quotas of 520,312 lb
(236,010 kg) for vessels in each of two groups fishing with run-around
gillnets and hook-and-line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)).
Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of
the king mackerel commercial fishery when its quota has been reached,
or is projected to be reached, by filing a notification at the Office
of the Federal Register. NMFS has determined that the commercial quota
of 520,312 lb (236,010 kg) for Gulf group king mackerel for vessels
using run-around gillnet gear in the southern Florida west coast
subzone has been reached. Accordingly, the commercial fishery for king
mackerel for such vessels in the southern Florida west coast subzone is
closed at 6 a.m., local time, March 7, 2006, through 6 a.m., January
16, 2007, the beginning of the next fishing season, i.e., the day after
the 2007 Martin Luther King Jr. Federal holiday.
The Florida west coast subzone is that part of the eastern zone
south and west of 25[deg]20.4' N. lat. (a line directly east from the
Miami-Dade County, FL, boundary). The Florida west coast subzone is
further divided into northern and southern subzones. The southern
subzone is that part of the Florida west coast subzone that from
November 1 through March 31 extends south and west from 25[deg]20.4' N.
lat. to 26[deg]19.8' N. lat.(a line directly west from the Lee/Collier
County, FL, boundary), i.e., the area off Collier and Monroe Counties.
From April 1 through October 31, the southern subzone is that part of
the Florida west coast subzone that is between 26[deg]19.8' N. lat. and
25[deg]48' N. lat.(a line directly west from the Monroe/Collier County,
FL, boundary), i.e., the area off Collier County.
Classification
This action is required by 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
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 prior notice and an 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, because 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 established
quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of this action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 06-2254 Filed 3-6-06; 3:18 pm]
BILLING CODE 3510-22-S