Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish in the Central Regulatory Area of the Gulf of Alaska, 58753-58754 [06-8511]

Download as PDF Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations Order 13045 because they do not include regulatory requirements based on health or safety risks. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This final action is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy; Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. ycherry on PROD1PC64 with RULES I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995 (Public Law No. 104–113; Section 12(d), 15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in their regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. VOC are technical standards (e.g., materials specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. NTTAA directs EPA to provide Congress, through annual reports to OMB, with explanations when an agency does not use available and applicable VCS. The listing action, the final determination that CTGs will be substantially as effective as regulations to achieve VOC emission reductions, and the final CTGs do not involve technical standards and therefore the NTTAA does not apply. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898, ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,’’ provides for Federal agencies to consider the impact of programs, policies, and activities on minority populations and low-income populations, including tribes. EPA believes that the listing action, the final determination, and the final CTGs should not raise any environmental justice issues. The purpose of section 183(e) is to obtain VOC emission reductions to assist in the attainment of the ozone NAAQS. The health and environmental risks associated with ozone were considered in the establishment of the ozone NAAQS. The level is designed to be VerDate Aug<31>2005 15:35 Oct 04, 2006 Jkt 211001 protective of the public with an adequate margin of safety. EPA’s listing of the products, determination that CTGs are substantially as effective as regulations, and final CTGs, are actions intended to help States achieve the NAAQS in the most appropriate fashion. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this notice and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the notice in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. The final action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The final rule will be effective October 5, 2006. List of Subjects in 40 CFR Part 59 Environmental protection, Air pollution control, Confidential business information, Labeling, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 29, 2006. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 59 of the Code of Federal Regulations is amended as follows: I PART 59—[AMENDED] 1. The authority citation for 40 CFR part 59 continues to read as follows: I Authority: 42 U.S.C. 7511b(e). 2. Subpart A is added to read as follows: I Subpart A—General § 59.1 Final determinations under section 183(e)(3)(C) of the Clean Air Act. This section identifies the consumer and commercial product categories for which EPA has determined that control technique guidelines (CTGs) will be substantially as effective as regulations in reducing volatile organic compound (VOC) emissions in ozone nonattainment areas: (a) Wood furniture coatings; (b) Aerospace coatings; Frm 00019 Fmt 4700 Sfmt 4700 (c) Shipbuilding and repair coatings; (d) Lithographic printing materials; (e) Letterpress printing materials; (f) Flexible packaging printing materials; (g) Flat wood paneling coatings; and (h) Industrial cleaning solvents. [FR Doc. E6–16485 Filed 10–4–06; 8:45 am] BILLING CODE 6560–50–P K. Congressional Review Act PO 00000 58753 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216044–6044–01; I.D. 100206B] Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic Shelf Rockfish in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; opening. AGENCY: SUMMARY: NMFS is opening directed fishing for pelagic shelf rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2006 total allowable catch (TAC) of pelagic shelf rockfish specified for the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 2006, through 2400 hrs, A.l.t., December 31, 2006. Comments must be received at the following address no later than 4:30 p.m., A.l.t., October 17, 2006. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Walsh. Comments may be submitted by: • Mail to: P.O. Box 21668, Juneau, AK 99802; • Hand delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, Alaska; • FAX to 907–586–7557; • E-mail to dusky@noaa.gov and include in the subject line of the e-mail comment the document identifier: cgpsrro (E-mail comments, with or without attachments, are limited to 5 megabytes); or • Webform at the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions at that site for submitting comments. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. E:\FR\FM\05OCR1.SGM 05OCR1 58754 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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. NMFS closed the directed fishery for pelagic shelf rockfish in the Central Regulatory Area of the GOA under § 679.20(d)(1)(iii) on July 21, 2006 (71 FR 42061, July 25, 2006). The 2006 TAC of pelagic shelf rockfish in the Central Regulatory Area of the GOA is 3,262 metric tons (mt) as established by the 2006 and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, March 3, 2006). NMFS has determined that approximately 1,694 metric tons of pelagic shelf rockfish remain in the TAC. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the ycherry on PROD1PC64 with RULES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:35 Oct 04, 2006 Jkt 211001 2006 TAC of pelagic shelf rockfish in the Central Regulatory Area, NMFS is terminating the previous closure and is reopening directed fishing for pelagic shelf rockfish in the Central Regulatory Area of the GOA. 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 opening of pelagic shelf rockfish in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of September 29, 2006. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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. Without this inseason adjustment, NMFS could not allow the pelagic shelf rockfish fishery in the Central Regulatory Area of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until October 17, 2006. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 2, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06–8511 Filed 10–2–06; 2:11 pm] BILLING CODE 3510–22–S E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 71, Number 193 (Thursday, October 5, 2006)]
[Rules and Regulations]
[Pages 58753-58754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8511]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060216044-6044-01; I.D. 100206B]


Fisheries of the Exclusive Economic Zone Off Alaska; Pelagic 
Shelf Rockfish in the Central Regulatory Area of the Gulf of Alaska

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

ACTION: Temporary rule; opening.

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SUMMARY: NMFS is opening directed fishing for pelagic shelf rockfish in 
the Central Regulatory Area of the Gulf of Alaska (GOA). This action is 
necessary to fully use the 2006 total allowable catch (TAC) of pelagic 
shelf rockfish specified for the Central Regulatory Area of the GOA.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 2, 2006, 
through 2400 hrs, A.l.t., December 31, 2006.
    Comments must be received at the following address no later than 
4:30 p.m., A.l.t., October 17, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Walsh. Comments may be submitted by:
     Mail to: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building, 709 West 9th 
Street, Room 420A, Juneau, Alaska;
     FAX to 907-586-7557;
     E-mail to dusky@noaa.gov and include in the subject line 
of the e-mail comment the document identifier: cgpsrro (E-mail 
comments, with or without attachments, are limited to 5 megabytes); or
     Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.



[[Page 58754]]

SUPPLEMENTARY INFORMATION:
    NMFS manages the groundfish fishery in the GOA exclusive economic 
zone according to the Fishery Management Plan for Groundfish of the 
Gulf of Alaska (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.
    NMFS closed the directed fishery for pelagic shelf rockfish in the 
Central Regulatory Area of the GOA under Sec.  679.20(d)(1)(iii) on 
July 21, 2006 (71 FR 42061, July 25, 2006).
    The 2006 TAC of pelagic shelf rockfish in the Central Regulatory 
Area of the GOA is 3,262 metric tons (mt) as established by the 2006 
and 2007 harvest specifications for groundfish of the GOA (71 FR 10870, 
March 3, 2006). NMFS has determined that approximately 1,694 metric 
tons of pelagic shelf rockfish remain in the TAC. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), 
and to fully utilize the 2006 TAC of pelagic shelf rockfish in the 
Central Regulatory Area, NMFS is terminating the previous closure and 
is reopening directed fishing for pelagic shelf rockfish in the Central 
Regulatory Area of the GOA.

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 opening of pelagic shelf rockfish in the Central 
Regulatory Area of the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of September 29, 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.
    Without this inseason adjustment, NMFS could not allow the pelagic 
shelf rockfish fishery in the Central Regulatory Area of the GOA to be 
harvested in an expedient manner and in accordance with the regulatory 
schedule. Under Sec.  679.25(c)(2), interested persons are invited to 
submit written comments on this action to the above address until 
October 17, 2006.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: October 2, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-8511 Filed 10-2-06; 2:11 pm]
BILLING CODE 3510-22-S

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