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Federal Register / Vol. 71, No.

79 / Tuesday, April 25, 2006 / Rules and Regulations 23871

13132 (‘‘Federalism’’). This final rule 13175 (‘‘Consultation and Coordination Unfunded Mandates Reform Act of
would preempt State, local, and Indian with Indian Tribal Governments’’). 1995. It will not result in costs of $120.7
tribe requirements but does not propose Because this final rule does not have million or more, in the aggregate, to any
any regulation that has substantial tribal implications and does not impose of the following: State, local, or Native
direct effects on the States, the substantial direct compliance costs, the American tribal governments, or the
relationship between the national funding and consultation requirements private sector.
government and the States, or the of Executive Order 13175 do not apply. I. Privacy Act
distribution of power and
E. Regulatory Flexibility Act, Executive Anyone is able to search the
responsibilities among the various
Order 13272, and DOT Regulatory electronic form of all comments
levels of government. Therefore, the
Policies and Procedures received into any of our dockets by the
consultation and funding requirements
of Executive Order 13132 do not apply. The Regulatory Flexibility Act (5 name of the individual submitting the
The Federal hazardous materials U.S.C. 601 et seq.) requires an agency to comment (or signing the comment, if
transportation law, 49 U.S.C. 5101– review regulations to assess their impact submitted on behalf of an association,
5127, contains an express preemption on small entities unless the agency business, labor union, etc.). You may
provision (49 U.S.C. 5125 (b)) that determines that a rule is not expected to review DOT’s complete Privacy Act
preempts State, local, and Indian tribe have a significant impact on a Statement in the Federal Register
requirements on certain covered substantial number of small entities. published on April 11, 2000 (Volume
subjects. Covered subjects are: This final rule will not impose 65, Number 70; pages 19477–78) or you
(i) The designation, description, and increased compliance costs on the may visit http://dms.dot.gov.
classification of hazardous materials; regulated industry. The revisions we are List of Subjects in 49 CFR Part 173
(ii) The packing, repacking, handling, making to the January 23, 2007 final
labeling, marking, and placarding of rule will provide regulatory relief to Hazardous materials transportation,
hazardous materials; persons offering lighters and lighter Packaging and containers, Radioactive
(iii) The preparation, execution, and refills for transportation in commerce by materials, Reporting and recordkeeping
use of shipping documents related to reinstituting limited quantity and requirements, Uranium.
hazardous materials and requirements consumer commodity exceptions for ■ In consideration of the foregoing, we
related to the number, contents, and lighter refills and permitting immediate are making the following correction to
placement of those documents; voluntary compliance with certain rule FR Doc. 06–464, published on
(iv) The written notification, provisions of the final rule. Therefore, I January 23, 2006 (71 FR 3418):
recording, and reporting of the certify that this rule will not have a § 173.306 [Corrected]
unintentional release in transportation significant economic impact on a
of hazardous material; or ■ 1. On page 3427, in the middle
substantial number of small entities. column, correct amendatory instruction
(v) The design, manufacture, This final rule has been developed in
fabrication, marking, maintenance, 12.a. to read ‘‘a. In paragraph (a)(1), in
accordance with Executive Order 13272 the last sentence, the wording
recondition, repair, or testing of a (‘‘Proper Consideration of Small Entities
packaging or container represented, ‘‘paragraph (h)’’ is removed and the
in Agency Rulemaking’’) and DOT’s wording ‘‘paragraph (i)’’ is added in its
marked, certified, or sold as qualified procedures and policies to promote
for use in transporting hazardous place.’’
compliance with the Regulatory
material. Flexibility Act to ensure that potential Issued in Washington, DC on April 10,
This final rule addresses covered impacts of draft rules on small entities 2006 under authority delegated in 49 CFR
subject items (i), (ii), (iii), and (v) above part 1.
are properly considered.
and preempts State, local, and Indian Brigham A. McCown,
tribe requirements not meeting the F. Paperwork Reduction Act Acting Administrator.
‘‘substantively the same’’ standard. This PHMSA currently has an approved [FR Doc. 06–3834 Filed 4–24–06; 8:45 am]
final rule is necessary to update, clarify, information collection under Office of BILLING CODE 4910–60–M
and provide relief from regulatory Management and Budget (OMB) Control
requirements. Number 2137–0557, ‘‘Approvals for
Federal hazardous materials Hazardous Materials,’’ with an DEPARTMENT OF COMMERCE
transportation law provides at section expiration date of June 30, 2007. This
5125(b)(2) that, if DOT issues a final rule imposes no new information National Oceanic and Atmospheric
regulation concerning any of the collection and recordkeeping Administration
covered subjects, DOT must determine requirements.
and publish in the Federal Register the 50 CFR Part 648
effective date of Federal preemption. G. Regulation Identifier Number (RIN)
[Docket No. 060315071–6101–02; I.D.
The effective date may not be earlier A regulation identifier number (RIN) 030906C]
than the 90th day following the date of is assigned to each regulatory action
issuance of the final rule and not later listed in the Unified Agenda of Federal RIN 0648–AT22
than two years after the date of issuance. Regulations. The Regulatory Information
PHMSA has determined that the Service Center publishes the Unified Fisheries of the Northeastern United
effective date of Federal preemption for Agenda in April and October of each States; Monkfish Fishery
these requirements will be 1 year from year. The RIN number contained in the AGENCY: National Marine Fisheries
the date of publication of a final rule in heading of this document can be used Service (NMFS), National Oceanic and
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the Federal Register. to cross-reference this action with the Atmospheric Administration (NOAA),
Unified Agenda. Commerce.
D. Executive Order 13175
H. Unfunded Mandates Reform Act ACTION: Final rule.
This final rule has been analyzed in
accordance with the principles and This final rule does not impose SUMMARY: NMFS implements measures
criteria contained in Executive Order unfunded mandates under the to establish target total allowable catch

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23872 Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations

(TAC) levels for the monkfish fishery for Regulatory Flexibility Analysis (FRFA), The FMP, as modified by Framework
the 2006 fishing year (FY), and adjusts which is contained in the classification 2, requires that the Monkfish
trip limits and establishes days-at-sea section of this rule. The small entity Monitoring Committee (MFMC)
(DAS) restrictions for limited access compliance guide is available from recommend to the NEFMC and the Mid-
monkfish vessels fishing in the Patricia A. Kurkul, Regional Atlantic Fishery Management Council
Southern Fishery Management Area Administrator, Northeast Regional (MAFMC), on an annual basis, target
(SFMA) based upon the annual target Office, National Marine Fisheries TACs for the Northern Fishery
TAC setting, trip limit, and DAS Service, One Blackburn Drive, Management Area (NFMA) and SFMA.
adjustment methods established in Gloucester, MA 01930–2298, and on the The MFMC reviewed the fall trawl
Framework Adjustment 2 (Framework Northeast Regional Office’s website at survey biomass indices and monkfish
2) to the Monkfish Fishery Management http://www.nero.noaa.gov.
landings for FY 2004, and calculated the
Plan (FMP). The action is necessary to FOR FURTHER INFORMATION CONTACT:
comply with the rebuilding plan target TACs for FY 2006 in accordance
Allison Ferreira, Fishery Policy Analyst, with the procedures established in
established in the FMP and modified in e-mail Allison.Ferreira@noaa.gov,
Framework 2. The intent of this action Framework 2. According to these
phone (978) 281–9103, fax (978) 281–
is to help eliminate overfishing and procedures, if the current 3-year average
9135.
rebuild the monkfish resource in biomass index is below the annual
SUPPLEMENTARY INFORMATION: index target, then the target TAC for the
accordance with Magnuson-Stevens
Fishery Conservation and Management Background upcoming fishing year (e.g., FY 2006) is
Act (Magnuson-Stevens Act) Framework Adjustment 2 to the FMP, set equivalent to the monkfish landings
requirements. which became effective on May 1, 2003 for the previous fishing year (e.g., FY
DATES: Effective May 1, 2006. (68 FR 22325; April 28, 2003), 2004), minus the percentage difference
ADDRESSES: Copies of the implemented a method for setting the between the 3-year average biomass
Environmental Assessment (EA), annual target TACs. This method is index and the annual index target.
including the Regulatory Impact Review based upon the relationship between the Based on the information presented in
(RIR) and Initial Regulatory Flexibility 3-year running average of NMFS’s fall Table 1, the current 3-year average
Analysis (IRFA), prepared for this action trawl survey biomass index (3-year biomass indices are less than the current
are available upon request from Paul average biomass index) and established targets for both management areas.
Howard, Executive Director, New annual biomass index targets (annual Therefore, the FY 2006 target TAC for
England Fishery Management Council index target). Once the annual target the NFMA is 7,737 mt (33.7 percent less
(NEFMC), 50 Water Street, TACs are established, trip limits and/or than FY 2004 landings), and the FY
Newburyport, MA 01950. The document DAS are adjusted accordingly, using a 2006 target TAC for the SFMA is 3,667
is also available online at http:// set of procedures established in mt (39.7 percent less than FY 2004
www.nefmc.org. NMFS prepared a Final Framework 2. landings).
TABLE 1. CALCULATION OF 2006 TARGET TACS
2005
FY 3-year Per- 2006
2004 2005
Aver- cent Target
Management Area Land- BiomassTarget
age Below TAC
ings (kg/tow)
(kg/ Target (mt)
(mt) tow)

NFMA 11,666 1.214 1.83 33.7 % 7,737


SFMA 6,078 0.778 1.29 39.7 % 3,667

This action does not implement any fishery to be implemented during FY per DAS for limited access Category B,
changes to the management measures 2006 (through the emergency Secretarial D, and H vessels, and also restrict the
for limited access monkfish vessels action and joint NE Multispecies FY 2006 DAS available for monkfish
fishing in the NFMA because the annual Framework 42/Monkfish Framework 3) limited access vessels fishing in the
adjustment procedure specified in the are expected to further constrain SFMA to 12 monkfish DAS (plus up to
regulations at § 648.96(b) applies only to monkfish landings. 10 carryover DAS). The number of DAS
the SFMA. At the time Framework 2 Framework 2 also established an available to limited access monkfish
was developed and implemented, the adjustment procedure for the SFMA that vessels fishing in the SFMA during FY
monkfish resource was well above the requires either the DAS or the trip limits 2006 was calculated using the analysis
biomass threshold established for the to be adjusted, based on whether the procedures established in Framework 2,
NFMA. However, recent restrictions on target TAC is less than or greater than and outlined in the regulations at
fishing effort in the Northeast (NE) 8,000 mt (the approximate target TAC § 648.96(b)(3).
multispecies fishery, implemented level that would result in the 550 and This action also notifies limited
through Amendment 13 to the NE 450 lb (249 and 204 kg) tail weight trip access monkfish vessels of the monkfish
Multispecies FMP, have helped limits). Since this action establishes a DAS proration for vessels participating
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constrain monkfish effort in the NFMA. target TAC for the SFMA that is well in the Offshore Fishery Program in the
In fact, monkfish landings during FY below 8,000 mt, it will reduce the trip SFMA, as required by § 648.95(g). The
2004 were only 69 percent of the FY limits for vessels fishing in the SFMA to Offshore Fishery Program, which was
2004 target TAC for that management 550 lb (249 kg) tail weight per DAS for established through Amendment 2 to
area. Furthermore, additional effort limited access Category A, C, and G the FMP (70 FR 21927; April 28, 2005),
restrictions in the NE multispecies vessels, and 450 lb (204 kg) tail weight authorizes limited access monkfish

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Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations 23873

permit holders with Category A, B, C, or measures in a timely manner will enable impact that this final rule will have on
D permits to elect, on an annual basis, the monkfish resource to be small entities. This FRFA incorporates
to participate in a designated offshore overharvested since it would delay the IRFA, any comments received on the
monkfish fishery in the SFMA by implementation of reduced trip limits proposed rule, NMFS’s responses to
obtaining a Category F permit for the and DAS restrictions for vessels fishing those comments, and the analyses
fishing year. Under this program, in the SFMA for up to 30 days beyond completed to support the action. There
participants are allowed a higher daily the start of the fishing year. Vessels that are no Federal rules that may duplicate,
possession limit of 1,600 lb (726 kg) tail fish for monkfish in the SFMA are overlap, or conflict with this final rule.
weight per DAS in exchange for a typically highly active during the month A copy of the IRFA is available from the
reduced monkfish DAS allocation. of May, using a large portion of their NEFMC (see ADDRESSES).
Monkfish DAS for limited access allocated monkfish DAS. This is due to
Category A and C vessels that the fact that monkfish are readily Statement of Objective and Need
participate in this program during FY available during this time of year as a A description of the reasons why
2006 are adjusted by a factor of 0.344, result of their annual spring migratory action by the agency is being taken and
equal to 4.1 DAS, based on the 12 DAS pattern. Therefore, any delay in the objectives of this action are
restriction, and limited access Category implementation beyond the start of the explained in the preamble of the
B and D vessels are adjusted by a factor fishing year would provide limited proposed rule and this final rule and are
of 0.281, equal to 3.4 DAS, based on the access monkfish vessels with the ability not repeated here. This action is taken
12 DAS restriction. Any carryover DAS to use more than the 12 monkfish DAS under the authority of the Magnuson-
available to the permit holder is to be being authorized for the SFMA under Stevens Act and regulations at 50 CFR
factored into this calculation. this final rule, resulting in an increase part 648.
in fishing effort and enabling
Comments and Responses Summary of Significant Issues Raised
overharvest of the target TAC for this
One public comment was received on management area to occur. Any in Public Comments
the proposed rule. overharvest of the target TAC for the One public comment was received on
Comment 1: One commenter SFMA would result in negative impacts the proposed rule, but it did not pertain
requested that NMFS cut the target to the monkfish resource as a whole to the economic analyses summarized in
TACs for both management areas in since stocks in both management areas the IRFA. The comment and the
half. are well behind the rebuilding agency’s response to that comment are
Response: Framework 2 specified a schedules established in the FMP. provided in the preamble of this final
target TAC setting method based upon Furthermore, this action could not be rule.
a series of annual biomass index targets implemented earlier due to the lateness
that gradually increase to achieve the Description and Estimate of Number of
in the availability of the NMFS fall trawl
biomass target established in the FMP. Small Entities to Which this Rule Will
survey data necessary for the calculation
Since monkfish stocks in both Apply
of the annual target TACs for the
management areas are behind in their monkfish fishery, and the lateness in This action will impact approximately
respective rebuilding schedules, the submission of this action by the 325 limited access monkfish permit
application of the target TAC setting NEFMC. A draft version of the EA/RIR/ holders that fish all or part of the fishing
method implemented in Framework 2 IRFA was made available to NMFS for year in the SFMA, based on vessel
for FY 2006 has resulted in target TACs review on February 13, 2006. The final landings for the 2003 FY. Of these 325
that are about one-half the target TACs version of the EA/RIR/IRFA was made permit holders, 151 fished exclusively
established for FY 2005. Specifically, available to NMFS and the public, in the SFMA, and are likely to be most
the FY 2006 target TAC for the NFMA through posting of the document on the affected by this action. All of the these
represents a 41–percent decrease from NEFMC’s website, on March 10, 2006. vessels are considered small entities
the FY 2005 target TAC, while the FY In order to implement this final rule under the Small Business
2006 target TAC for the SFMA before the start of FY 2006 and prevent Administration’s size standards for
represents a 62–percent decrease from any negative impacts to the monkfish small fishing businesses (less than $3.5
the FY 2005 target TAC. resource, such as overharvesting of the million in gross annual sales) and,
Classification target TAC for the SFMA, resulting from therefore, there is no disproportionate
a delay in implementation , the impact of the regulations between large
The Administrator, NE Region, NMFS Assistant Administrator (AA) finds good and small entities.
(Regional Administrator), determined cause to waive the 30-day delay in
that this action to establish target TACs, Description of Projected Reporting,
effectiveness.
trip limits, and DAS restrictions for the Recordkeeping, and Other Compliance
The NEFMC prepared an EA for this
2006 monkfish fishery is necessary for Requirements
action and the AA concluded that there
the conservation and management of the will be no significant impact on the This action does not introduce any
monkfish fishery, and that it is human environment as a result of this new reporting, recordkeeping, or other
consistent with the Magnuson-Stevens rule. A copy of the EA is available from compliance requirements.
Act and other applicable law. the NEFMC (see ADDRESSES).
There is good cause under 5 U.S.C. Description of the Steps Taken to
This final rule has been determined to
553(d)(3) to waive the 30 day delay in Minimize Economic Impacts on Small
be not significant for purposes of
effectiveness of this final rule. This Entities
Executive Order 12866.
action establishes annual measures The target TAC setting alternative
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(target TACs, trip limits, DAS Final Regulatory Flexibility Analysis adopted in Framework 2 to the FMP,
restrictions) for the monkfish fishery for This section constitutes the FRFA, and utilized in this action, is less
FY 2006 (May 1, 2006 to April 30, 2007) which NMFS, pursuant to section 604 of precautionary than the other
that are more restrictive than the the Regulatory Flexibility Act (RFA), alternatives considered in Framework 2,
measures currently in effect for FY has prepared in support of this action. but minimizes impacts to small entities
2005. Failure to implement these The FRFA describes the economic to the greatest extent. This target TAC

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23874 Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations

setting method minimizes impacts to are available from the Regional (or any prorated combination of tail-
small entities because it enables the Administrator (see ADDRESSES) and are weight and whole weight based on the
NEFMC and MAFMC to increase the also available at the following web site: conversion factor for tail weight to
target TAC in response to an increase in http://www.nero.noaa.gov. whole weight of 3.32), unless modified
monkfish stock biomass, in the absence pursuant to § 648.96(b)(2)(ii).
of a reliable estimate of fishing mortality List of Subjects in 50 CFR Part 648
* * * * *
(F), but with a cap on that increase. Fisheries, Fishing, Reporting and [FR Doc. 06–3908 Filed 4–20–06; 4:01 pm]
Because the monkfish stocks in both recordkeeping requirements.
BILLING CODE 3510–22–S
management areas are behind in their Dated: April 20, 2006.
respective rebuilding schedules, this William T. Hogarth,
action will reduce the target TACs in DEPARTMENT OF COMMERCE
Assistant Administrator for Fisheries,
both management areas, resulting in National Marine Fisheries Service.
reductions in trip limits and DAS National Oceanic and Atmospheric
available to vessels that fish in the ■ For the reasons set out in the Administration
SFMA. Therefore, because Framework 2 preamble, 50 CFR part 648 is amended
established methods for calculating as follows: 50 CFR Part 679
annual target TACs, trip limits, and DAS
PART 648—FISHERIES OF THE [Docket No. 060216045–6045–01; I.D.
restrictions, there are no alternatives to
the target TACs, trip limits, and DAS NORTHEASTERN UNITED STATES 041906C]
restrictions being implemented for FY ■ 1. The authority citation for part 648 Fisheries of the Exclusive Economic
2006 under this annual adjustment continues to read as follows: Zone Off Alaska; Yellowfin Sole by
process. Vessels Using Trawl Gear in Bering
Authority: 16 U.S.C. 1801 et seq.
Framework 2 considered other
■ 2. In § 648.92, paragraph (b)(1)(ii) is Sea and Aleutian Islands Management
alternatives to the formulaic method
added to read as follows: Area
that was chosen to establish annual
TACs for monkfish. The annual target § 648.92 Effort-control program for AGENCY: National Marine Fisheries
TAC setting method established in monkfish limited access vessels. Service (NMFS), National Oceanic and
Framework 2 compares annual biomass Atmospheric Administration (NOAA),
* * * * *
targets with a 3-year running average of Commerce.
(b) * * *
the NMFS fall trawl survey. If the trawl ACTION: Temporary rule; closure.
(1) * * *
survey biomass index is less than the
(ii) FY 2006 DAS restrictions for SUMMARY: NMFS is closing directed
annual target, as is the case for FY 2005,
vessels fishing in the SFMA. For the fishing for yellowfin sole by vessels
the target TAC in the subsequent year
2006 fishing year, limited access using trawl gear in the Bering Sea and
(FY 2006) is set to equal the monkfish
monkfish vessels are restricted to Aleutian Islands management area
landings for the previous fishing year
utilizing only 12 of their 40 monkfish (BSAI). This action is necessary to
(FY 2004), minus the percentage
difference between the 3 year average DAS allocation in the SFMA. If a vessel prevent exceeding the second seasonal
biomass index and the annual index does not possess a valid letter of allowance of the 2006 halibut bycatch
target (see Table 1). Another option authorization from the Regional allowance specified for the trawl
considered in Framework 2 would have Administrator to fish in the NFMA as yellowfin sole fishery category in the
compared the current F in relation to described in § 648.94(f), NMFS will BSAI.
Fthreshold for establishing annual target presume that any monkfish DAS used
was fished in the SFMA. DATES: Effective 1200 hrs, Alaska local
TACs. This option was determined to be time (A.l.t.), April 20, 2006, through
unreasonable because current estimates * * * * *
1200 hrs, A.l.t., May 21, 2006.
of F are too imprecise to set target TACs ■ 3. In § 648.94, paragraphs (b)(2)(i) and
FOR FURTHER INFORMATION CONTACT: Josh
and make a status determination (ii) are revised to read as follows:
regarding overfishing. Keaton, 907–586–7228.
§ 648.94 Monkfish possession and landing SUPPLEMENTARY INFORMATION: NMFS
Small Entity Compliance Guide restrictions. manages the groundfish fishery in the
Section 212 of the Small Business * * * * * BSAI according to the Fishery
Regulatory Enforcement Fairness Act of (b) * * * Management Plan for Groundfish of the
1996 states that, for each rule or group (2) * * * Bering Sea and Aleutian Islands
of related rules for which an agency is (i) Category A, C, and G vessels. Management Area (FMP) prepared by
required to prepare a FRFA, the agency Category A, C, and G vessels fishing the North Pacific Fishery Management
shall publish one or more guides to under the monkfish DAS program in the Council under authority of the
assist small entities in complying with SFMA may land up to 550 lb (249 kg) Magnuson-Stevens Fishery
the rule, and shall designate such tail weight or 1,826 lb (828 kg) whole Conservation and Management Act.
publications as ‘‘small entity weight of monkfish per monkfish DAS Regulations governing fishing by U.S.
compliance guides.’’ The agency shall (or any prorated combination of tail- vessels in accordance with the FMP
explain the actions a small entity is weight and whole weight based on the appear at subpart H of 50 CFR part 600
required to take to comply with a rule conversion factor for tail weight to and 50 CFR part 679.
or group of rules. As part of this whole weight of 3.32), unless modified The second seasonal allowance of the
rulemaking process, a small entity pursuant to § 648.96(b)(2)(ii). 2006 halibut bycatch allowance
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compliance guide was prepared. The (ii) Category B, D, and H vessels. specified for the trawl yellowfin sole
guide will be sent to all vessels issued Category B, D, and H vessels fishing fishery category in the BSAI is 195
a limited access monkfish permit, and to under the monkfish DAS program in the metric tons as established by the 2006
all Federal dealers issued a monkfish SFMA may land up to 450 lb (204 kg) and 2007 final harvest specifications for
permit. In addition, copies of this final tail weight or 1,494 lb (678 kg) whole groundfish in the BSAI (71 FR 10894,
rule and guide (i.e., permit holder letter) weight of monkfish per monkfish DAS March 3, 2006).

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