Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 57889 

sections 367(b) and 381 of the Internal 

Revenue Code. 

Need for Correction 

As published, final regulations (TD 

9273) contain an error that may prove to 

be misleading and are in need of 

clarification. 

Correction of Publication 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read, in part, as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

§ 1.367(b)–7 [Corrected] 

■ Section 1.367(b)–7(e)(2) Example 

4.(iii)(C) in the following table under the 

heading ‘‘Foreign taxes’’ the third 

column heading ‘‘Taxes avaialable’’ is 

corrected to read ‘‘Foreign taxes 

available’’. 

* * * * * 

Guy R. Traynor, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E6–16116 Filed 9–29–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 051014263–6249–04; I.D. 

120805A] 

RIN 0648–AU00 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Specifications and Management 

Measures; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction. 

SUMMARY: On August 22, 2006, a 

temporary rule extension was published 

in the Federal Register intending to 

extend the 2006 optimum yield (OY) for 

darkblotched rockfish caught in the U.S. 

exclusive economic zone (EEZ) off the 

coasts of Washington, Oregon, and 

California. This correction changes the 

‘‘ACTION’’ and ‘‘DATES’’ sections of 

that rule to remove references to a 

temporary rule and make the 

amendments published on August 22, 

2006, effective August 27, 2006. 

DATES: The amendments to 50 CFR part 

660, subpart G, published at 71 FR 

48824, August 22, 2006, are effective 

August 27, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Goen (Northwest Region, NMFS), 

phone: 206–526–6140; fax: 206–526–

6736; and e-mail: jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

On August 22, 2006 (71 FR 48824), a 

temporary rule extension was published 

in the Federal Register intending to 

extend the 2006 optimum yield (OY) for 

darkblotched rockfish caught in the U.S. 

exclusive economic zone (EEZ) off the 

coasts of Washington, Oregon, and 

California. 

Acceptable biological catches (ABCs) 

and OYs are established for each year. 

Management measures are established at 

the start of the biennial period, and are 

adjusted throughout the biennial 

management period, to keep harvest 

within the OYs. At the Pacific Council’s 

October 31 - November 4, 2005, meeting 

in San Diego, CA, the Pacific Council, 

in consultation with Pacific Coast 

Treaty Indian Tribes and the States of 

Washington, Oregon, and California, 

recommended a reduction of the 2006 

darkblotched rockfish OY to 200 mt for 

March through December 2006. The 

management measures for March 

through December 2006 were proposed 

on December 19, 2005 (70 FR 75115), 

and implemented via the final rule 

published on February 17, 2006 (71 FR 

8489). 

The 2006 darkblotched rockfish OY of 

200 mt is an interim measure pursuant 

to section 305(c) of the MagnusonStevens Act, in effect while the 

rebuilding plan (now referred to as 

Amendment 16–4) is being developed 

and implemented. Under the provisions 

of section 305(c)(3) of the MagnusonStevens Act, interim measures shall 

remain in effect for not more than 180 

days after the date of publication, and 

may be extended by publication in the 

Federal Register for an additional 

period of not more than 180 days, 

provided the public has had an 

opportunity to comment on the interim 

measures, and the Council is actively 

preparing a plan amendment to address 

rebuilding on a permanent basis. The 

public has been provided an 

opportunity to comment on the interim 

measures in the proposed rule (70 FR 

75115, December 19, 2005), and NMFS 

recently announced the availability of 

Amendment 16–4, for public review (71 

FR 25051, September 11, 2006). The 

proposed rule for Amendment 16–4 and 

the 2007–2008 specifications and 

management measures are expected to 

publish in September 2006 with a final 

rule expected to publish in November 

2006, and become effective January 1, 

2007. In addition, the Court’s Order in 

Natural Resources Defense Council 

(NRDC) v. NMFS, 421 F.3d 872 (9th Cir. 

2005) dated December 8, 2005, requires 

NMFS to implement a darkblotched 

rockfish quota for the entire 2006 

fishing year pursuant to section 305(c). 

Because Amendment 16–4 has not 

completed its public and Agency review 

period, and the interim measure 

published with the February 17, 2006 

final rule (71 FR 8489) expired on 

August 27, 2006, NMFS published an 

extension to the darkblotched rockfish 

OY beyond the first 180-day period (71 

FR 48824, August 22, 2006 ). 

However, the ‘‘ACTION’’ and 

‘‘DATES’’ sections of the August 22, 

2006 (71 FR 48824), Federal Register 

notice need to be corrected. Because the 

‘‘DATES’’ section of the February 17, 

2006 final rule (71 FR 8489), which 

published the revised darkblotched 

rockfish OY for the first 180-day period, 

never stated that the darkblotched 

rockfish OY within that final rule was 

a temporary action. As a result, the 

darkblotched rockfish OY published as 

part of the ABC/OY tables appeared to 

be a permanent final action changing 50 

CFR part 660, subpart G. However, the 

preamble to the February 17, 2006 final 

rule (71 FR 8489) made clear that the 

darkblotched rockfish OY was a 

temporary action. Therefore, the 

temporary rule extension published on 

August 22, 2006 (71 FR 48824) had no 

temporary action to extend for a second 

180-day period. This correction changes 

the ‘‘ACTION’’ and ‘‘DATES’’ section of 

the August 22, 2006 (71 FR 48824) rule 

to remove references to a temporary rule 

and make the changes effective August 

27, 2006. 

Classification 

Pursuant to 5 U.S.C.553(b)(B), there is 

good cause to waive prior notice and an 

opportunity for public comment on this 

action, as notice and comment would be 

unnecessary. This rule corrects an 

incomplete effective date and makes the 

effective date consistent with the 

preamble and record for the temporary/ 

interim rulemaking. Notice and 

comment is unnecessary because the 

legal authority under which the 

February 17, 2006 final rule (71 FR 


rwilkins on PROD1PC63 with RULES
57890 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 

8489) was promulgated did not allow 

the amendment to the darkblotched 

rockfish OY to be permanent. The 

darkblotched rockfish OY was only 

effective for 180 days. This action 

corrects the August 22, 2006 (71 FR 

48824) rule which extended the 

temporary rule section (i.e., the 

darkblotched rockfish OY) of the 

February 17, 2006 final rule (71 FR 

8489), as legally permitted. In addition, 

there is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date. Because this final rule 

does not constitute a substantive rule, it 

is not subject to the requirement for a 

30-day delay in effective date under 5 

U.S.C. 553(d). 

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

Dated: September 28, 2006. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 06–8436 Filed 9–28–06; 2:27 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. 

092606B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2006 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 27, 2006, 

through 1200 hrs, A.l.t., October 1, 

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 C season allowance of the 2006 

TAC of pollock in Statistical Area 610 

of the GOA is 10,249 metric tons (mt) 

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(a)(5)(iv)(B) 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), hereby 

decreases the C season allowance by 

3,850 mt, the amount by which the A 

and B season allowance of the pollock 

TAC in Statistical Area 610 was 

exceeded. The revised C season 

allowance of the pollock TAC in 

Statistical Area 610 is therefore 6,399 mt 

(10,249 mt minus 3,850 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2006 TAC of pollock in Statistical 

Area 610 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 6,389 mt, and is 

setting aside the remaining 10 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of directed fishing for 

pollock in Statistical Area 610 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 25, 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: September 26, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–8401 Filed 9–27–06; 2:52 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. 

092606C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2006 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 27, 2006, 

through 2400 hrs, Alaska local time 

(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 C season allowance of the 2006 

TAC of pollock in Statistical Area 630 

of the GOA is 6,263 metric tons (mt) as 

established by the 2006 and 2007 


rwilkins on PROD1PC63 with RULES