Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, Flathead Sole, and “Other Flatfish” by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area, 46125-46126 [06-6868]

Download as PDF Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules and Regulations rwilkins on PROD1PC63 with RULES III. Statutory and Executive Order Reviews In this final rule, EPA is revoking specific tolerance exemptions established under section 408(d) of FFDCA. The Office of Management and Budget (OMB) has exempted this type of action from review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously assessed whether revocations of tolerances might significantly impact a substantial number of small entities and concluded that, as a general matter, these actions do not impose a significant economic impact on a substantial number of small entities. This analysis was published on December 17, 1997 (62 FR 66020), and was provided to the Chief Counsel for Advocacy of the Small Business Administration. Taking into account this analysis, and available information concerning the pesticide listed in this rule, the Agency hereby certifies that this final action will not have a significant economic impact on VerDate Aug<31>2005 16:23 Aug 10, 2006 Jkt 208001 a substantial number of small entities. Specifically, as per the 1997 notice, EPA has reviewed its available data on imports and foreign pesticide usage and concludes that there is a reasonable international supply of food not treated with pesticides containing the ingredients being revoked in this notice. Furthermore, for the pesticide named in this final rule, the Agency knows of no extraordinary circumstances that exist as to the present revocations that would change the EPA’s previous analysis. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. For these same reasons, the Agency has determined that this final rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ is defined in the Executive order to include regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 46125 responsibilities between the Federal Government and Indian tribes.’’ This final rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this final rule. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Antimicrobial, Sanitizers, Pesticides and pests, Reporting and recordkeeping requirements. Dated: August 2, 2006. Frank Sanders, Director, Antimicrobials Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: I PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: I Authority: 21 U.S.C. 321(q), 346a and 371. § 180.940 [Amended] 2. Section 180.940 is amended as follows: I i. In the table to paragraph (a) by removing the entry for ‘‘Potassium Permanganate’’ (CAS Reg. No.7722–64– 7). I ii. In the table to paragraph (b) by removing the entry for ‘‘Sodium mono– and didodecylphenoxy– benzenedisulfonate’’ (CAS Reg. No. None). I iii. In the table to paragraph (c) by removing the entries for ‘‘Alkyl (C12– C15) monoether of mixed (ethylenepropylene) polyalkylene glycol, cloud point of 70–77 °C in 1% aqueous solution, average molecular weight (in amu), 807;’’ (CAS Reg. No. None); ‘‘Benzensulfonamide, N-chloro-4methyl, sodium salt;’’ (CAS Reg. No. 127–65–1); ‘‘Benzenesulfonic acid, oxybis[dodecyl-’’ (CAS Reg. No. 30260– 73–2); ‘‘Calcium bromide’’ (CAS Reg. No. 7789–41–5); ‘‘Potassium Permanganate’’ (CAS Reg. No.7722–64– 7); and ‘‘Sodium mono-and didodecylphenoxy-benzenedisulfonate’’ (CAS Reg. No. None) I [FR Doc. E6–13173 Filed 8–10–06; 8:45 am] BILLING CODE 6560–50–S E:\FR\FM\11AUR1.SGM 11AUR1 46126 Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045–6045–01; I.D. 080806B] Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, Flathead Sole, and ‘‘Other Flatfish’’ by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 8, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI is 779 metric tons as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006). In accordance with § 679.21(e)(7)(v), the Administrator, Alaska Region, NMFS, has determined that the 2006 halibut bycatch allowance specified for the trawl rock sole, flathead sole, and ‘‘other flatfish’’ fishery category in the BSAI has been caught. Consequently, NMFS is closing directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl gear in the BSAI. rwilkins on PROD1PC63 with RULES SUMMARY: VerDate Aug<31>2005 16:23 Aug 10, 2006 Jkt 208001 ‘‘Other flatfish’’ includes Alaska plaice, as well as all other flatfish species except for Pacific halibut (a prohibited species), Greenland turbot, rock sole, yellowfin sole, flathead sole, and arrowtooth flounder. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for rock sole, flathead sole, and ‘‘other flatfish’’ by vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 7, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 8, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–6868 Filed 8–8–06; 3:39 pm] BILLING CODE 3510–22–S PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045–6045–01; I.D. 080806C] Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2006 yellowfin sole total allowable catch (TAC) in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 8, 2006, through 2400 hrs, A.l.t., December 31, 2006. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 yellowfin sole TAC in the BSAI is 88,846 metric tons (mt) as established by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10894, March 3, 2006) and the release of reserves on July 24, 2006 (71 FR 41738, July 24, 2006) In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the 2006 yellowfin sole TAC in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 88,146 mt, and is setting aside the remaining 700 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for yellowfin sole in the BSAI. E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Rules and Regulations]
[Pages 46125-46126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6868]



[[Page 46126]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216045-6045-01; I.D. 080806B]


Fisheries of the Exclusive Economic Zone Off Alaska; Rock Sole, 
Flathead Sole, and ``Other Flatfish'' by Vessels Using Trawl Gear in 
Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing directed fishing for rock sole, flathead sole, 
and ``other flatfish'' by vessels using trawl gear in the Bering Sea 
and Aleutian Islands management area (BSAI). This action is necessary 
to prevent exceeding the 2006 halibut bycatch allowance specified for 
the trawl rock sole, flathead sole, and ``other flatfish'' fishery 
category in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 8, 2006, 
through 2400 hrs, A.l.t., December 31, 2006.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2006 halibut bycatch allowance specified for the trawl rock 
sole, flathead sole, and ``other flatfish'' fishery category in the 
BSAI is 779 metric tons as established by the 2006 and 2007 final 
harvest specifications for groundfish in the BSAI (71 FR 10894, March 
3, 2006).
    In accordance with Sec.  679.21(e)(7)(v), the Administrator, Alaska 
Region, NMFS, has determined that the 2006 halibut bycatch allowance 
specified for the trawl rock sole, flathead sole, and ``other 
flatfish'' fishery category in the BSAI has been caught. Consequently, 
NMFS is closing directed fishing for rock sole, flathead sole, and 
``other flatfish'' by vessels using trawl gear in the BSAI.
    ``Other flatfish'' includes Alaska plaice, as well as all other 
flatfish species except for Pacific halibut (a prohibited species), 
Greenland turbot, rock sole, yellowfin sole, flathead sole, and 
arrowtooth flounder.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the closure of directed fishing for rock sole, flathead 
sole, and ``other flatfish'' by vessels using trawl gear in the BSAI. 
NMFS was unable to publish a notice providing time for public comment 
because the most recent, relevant data only became available as of 
August 7, 2006.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: August 8, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6868 Filed 8-8-06; 3:39 pm]
BILLING CODE 3510-22-S

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