Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 56895 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, AND 

TRAINING REQUIREMENT 

■ 1. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.53. 

■ 2. In § 172.102, in paragraph (c)(2) 

Special Provision A101 is revised to 

read as follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(2) * * * 

Code/Special Provisions 

* * * * * 

A101 A primary (non-rechargeable) 

lithium battery or cell packed with 

equipment is forbidden for transport 

aboard a passenger carrying aircraft 

unless: 

a. The battery or cell complies with 

the requirements and limitations of 

§ 173.185(b)(1), (b)(2), (b)(3), (b)(4) and 

(b)(6) or § 173.185(c)(1), (c)(2), (c)(3) and 

(c)(5) of this subchapter; 

b. The package contains no more than 

the number of lithium batteries or cells 

necessary to power the intended piece 

of equipment; 

c. The equipment and the battery or 

cell are packed in a strong packaging; 

d. The net weight of the lithium 

batteries in the package does not exceed 

5 kg. Packages complying with the 

requirements of this special provision 

are excepted from all other requirements 

of this subchapter. 

* * * * * 

Issued in Washington, DC on September 

25, 2006, under authority delegated in 49 

CFR part 1. 

Thomas J. Barrett, 

Administrator. 

[FR Doc. E6–15941 Filed 9–27–06; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 051104293–5344–02; I.D. 

092206D] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for 

Massachusetts 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Closure of commercial fishery. 

SUMMARY: NMFS announces that the 

summer flounder commercial quota 

available to Massachusetts has been 

harvested. Vessels issued a commercial 

Federal fisheries permit for the summer 

flounder fishery may not land summer 

flounder in Massachusetts for the 

remainder of calendar year 2006, unless 

additional quota becomes available 

through a transfer from another state. 

Regulations governing the summer 

flounder fishery require publication of 

this notification to advise Massachusetts 

that the quota has been harvested and to 

advise vessel permit holders and dealer 

permit holders that no commercial 

quota is available for landing summer 

flounder in Massachusetts. 

DATES: Effective 0001 hours September 

28, 2006, through 2400 hours, December 

31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Management 

Specialist, (978) 281–9341 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.100. 

The initial total commercial quota for 

summer flounder for the 2006 calendar 

year was set equal to 14,154,000 lb 

(6,420 mt) (70 FR 77061, December 29, 

2005). The percent allocated to vessels 

landing summer flounder in 

Massachusetts is 6.82046 percent, 

resulting in a commercial quota of 

965,368 lb (437,884 kg). The 2006 

allocation was reduced to 931,750 lb 

(422,635 kg) due to research set-aside 

and quota overage from 2005. 

Section 648.101(b) requires the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to monitor 

state commercial quotas and to 

determine when a state’s commercial 

quota has been harvested. NMFS then 

publishes a notification in the Federal 

Register to advise the state and to notify 

Federal vessel and dealer permit holders 

that, effective upon a specific date, the 

state’s commercial quota has been 

harvested and no commercial quota is 

available for landing summer flounder 

in that state. The Regional 

Administrator has determined, based 

upon dealer reports and other available 

information, that Massachusetts has 

harvested its quota for 2006. 

The regulations at § 648.4(b) provide 

that Federal permit holders agree, as a 

condition of the permit, not to land 

summer flounder in any state that the 

Regional Administrator has determined 

no longer has commercial quota 

available. Therefore, effective 0001 

hours September 28, 2006, further 

landings of summer flounder in 

Massachusetts by vessels holding 

summer flounder commercial Federal 

fisheries permits are prohibited for the 

remainder of the 2006 calendar year, 

unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, September 28, 

2006, federally permitted dealers are 

also notified that they may not purchase 

summer flounder from federally 

permitted vessels that land in 

Massachusetts for the remainder of the 

calendar year, or until additional quota 

becomes available through a transfer 

from another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: September 25, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8337 Filed 9–25–06; 1:47 pm] 

BILLING CODE 3510–22–S 


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