Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations 58753 

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. 

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 

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. 

K. Congressional Review Act 

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: 

PART 59—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 59 continues to read as follows: 

Authority: 42 U.S.C. 7511b(e). 

■ 2. Subpart A is added to read as 

follows: 

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; 

(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 

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. 

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: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 


ycherry on PROD1PC64 with RULES
58754 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations 

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. 

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 

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 § 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 


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