44590 Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 6, 2006. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 20, 2006. 

Wayne Nastri, 

Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraphs (c)(57) and (c)(58) to 

read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(57) The following plan revision was 

submitted on February 14, 2006, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality and Environmental 

Management. 

(1) Carbon Monoxide State 

Implementation Plan Revision, Las 

Vegas Valley Nonattainment Area, Clark 

County, Nevada, adopted on October 4, 

2005 by the Clark County Board of 

Commissioners (with the exception of 

section 7.3 (page 7–2), ‘‘Mobile Source 

Emissions Budget’’). 

(58) The following plan revision was 

submitted on May 12, 2006, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality and Environmental 

Management. 

(1) Section 7.3 (page 7–2), ‘‘Mobile 

Source Emissions Budget’’ of the Carbon 

Monoxide State Implementation Plan 

Revision, Las Vegas Valley 

Nonattainment Area, Clark County, 

Nevada, adopted on May 2, 2006 by the 

Clark County Board of Commissioners. 

[FR Doc. E6–12761 Filed 8–4–06; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6028–03; I.D. 

080106A] 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; End 

of the Pacific Whiting Primary Season 

for the Shore-based Sector and the 

Resumption of Trip Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: NMFS announces the end of 

the 2006 primary season for the Pacific 

whiting (whiting) shore-based sector at 

6 p.m. local time (l.t.) August 2, 2006, 

because the allocation is projected to be 

reached. This action is intended to keep 

the harvest of whiting at the 2006 

allocation levels. 

DATES: Effective from 6 p.m. l.t. August 

2, 2006, until January 1, 2007. 

Comments will be accepted through 

August 22, 2006. 

ADDRESSES: You may submit comments, 

identified by [docket number and/or 

RIN number], by any of the following 

methods: 

• E-mail:. 

WhitingSBclosure2006.nwr@noaa.gov 

Include [docket number and/or RIN 

number] in the subject line of the 

message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 206–526–6736, Attn: Becky 

Renko. 

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Becky 

Renko. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: This 

action is authorized by regulations 

implementing the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), which governs the groundfish 

fishery off Washington, Oregon, and 

California. 

The regulations at 50 CFR 660.323(a) 

establish separate allocations for the 

catcher/processor, mothership, and 

shore-based sectors of the whiting 

fishery. For 2006, the 232,069 mt 

commercial harvest guideline for 

whiting is divided with the catcher/ 

processor sector receiving 78,903 mt (34 

percent); the mothership sector 

receiving 55,696 mt (24 percent); and 

the shore-based sector receiving 97,469 

mt (42 percent). 

Regulations at 50 CFR 660.373(b) 

describe the primary season for each 

sector. The primary season for the 

shore-based sector is the period(s) when 

the large-scale target fishery is 

conducted, and when ‘‘per trip’’ limits 

are not in effect. Before and after the 

primary season, per-trip limits are in 

effect for whiting. 

The best available information on July 

31, 2006, indicates that 81,159 mt had 

been taken through July 27, 2006, 2006, 

and that the 97,469 mt shore-based 

allocation will be reached by August 2, 

2006. This Federal Register document 

announces that the primary season for 

the shore-based sector ends on August 

2, 2006, and a 10,000–lb (4,536–kg) trip 

limit is imposed. Per-trip limits are for 

vessels using large or small footrope 

trawl gear and are intended to 

accommodate small bait and fresh fish 

markets, and bycatch in other fisheries. 

To minimize incidental catch of 

Chinook salmon by vessels fishing 

shoreward of the 100–fm (183–m) 

contour in the Eureka area, at any time 

during a fishing trip, a limit of 10,000 

lb (4,536 kg) of whiting is in effect yearround, except when landings of whiting 

are prohibited. 

NMFS Action 

For the reasons stated above, and in 

accordance with the regulations at 50 

CFR 660.323(b)(3), NMFS herein 

announces: 

Effective 6 p.m. l.t. August 2, 2006, no 

more than 10,000 lb (4,536 kg) of 

whiting may be taken and retained, 

possessed or landed by any vessel 

participating in the shore-based sector 

of the whiting fishery, unless otherwise 

announced in the Federal Register. If a 

vessel fishes shoreward of the 100–fm 

(183–m) contour in the Eureka area (43° 

- 40°30′ N. lat.) at any time during a 

fishing trip, the 10,000–lb (4,536–kg) 


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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations 44591 

trip limit applies, as announced in the 

annual management measures at 

paragraph IV, B (3)(c)(ii), except when 

the whiting fishery is closed. 

Classification 

This action is authorized by the 

regulations implementing the FMP. The 

determination to take this action is 

based on the most recent data available. 

The Assistant Administrator for 

fisheries, NMFS, finds good cause to 

waive the requirement to provide prior 

notice and opportunity for comment on 

this action pursuant to 5 U.S.C. 

553(b)(B), because providing prior 

notice and opportunity would be 

impracticable. It would be impracticable 

because if this closure were delayed in 

order to provide notice and comment, 

the fishery would be expected to greatly 

exceed the sector allocation. This would 

either result in the entire whiting 

optimum yield being exceeded, or in the 

allocations for the other sectors being 

reduced. Therefore, good cause also 

exists to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3). The aggregate data upon 

which the determination is based are 

available for public inspection at the 

Office of the Regional Administrator 

(see ADDRESSES) during business hours. 

This action is taken under the 

authority of 50 CFR 660.323(b)(3) and is 

exempt from review under Executive 

Order 12866. 

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

Dated: August 1, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries , National Marine Fisheries Service. 

[FR Doc. 06–6737 Filed 8–2–06; 12:58 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

080206A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern 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; prohibition of 

retention. 

SUMMARY: NMFS is prohibiting retention 

of northern rockfish in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). NMFS is requiring that catch of 

northern rockfish in this area be treated 

in the same manner as prohibited 

species and discarded at sea with a 

minimum of injury. This action is 

necessary because the 2006 total 

allowable catch (TAC) of northern 

rockfish in this area has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 3, 2006, until 2400 

hrs, A.l.t., December 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

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 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. 

The 2006 TAC of northern rockfish in 

the Central Regulatory Area of the GOA 

is 3,608 metric tons as established by 

the 2006 and 2007 harvest specifications 

for groundfish of the GOA (71 FR 10870, 

March 3, 2006). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the northern 

rockfish TAC in the Central Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

further catches of northern rockfish in 

the Central Regulatory Area of the GOA 

be treated as prohibited species in 

accordance with § 679.21(b). 

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 prohibition of retention of 

northern 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 July 27, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 2, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–6736 Filed 8–2–06; 12:58 pm] 

BILLING CODE 3510–22–S 


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