Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10089 

Pursuant to 5 U.S.C. 533(b)(B), there 

is good cause to waive prior notice and 

opportunity for public comment on this 

action as notice and comment would be 

impracticable and contrary to the public 

interest. This final rule merely delays 

the effective date of the VMS 

requirements and VMS-related permit 

renewal requirements set forth in the 

regulations implementing Amendment 

18A. Delaying the effective date of these 

provisions will provide VMS vendors 

time to resolve a technological problem 

with one of the approved VMS units 

that could potentially affect vessel 

safety. The delay would also provide 

vendors additional time to meet the 

demand for delivery and installation of 

approved units, which NMFS has 

confirmed is currently backlogged. For 

these reasons, there is good cause to 

waive the 30-day delayed effectiveness 

provision of the APA for these measures 

pursuant to 5 U.S.C. 553(d)(3). Failure 

to waive prior notice and opportunity 

for public comment or failure to waive 

the 30-day delayed effectiveness 

provision of the APA for these measures 

would result in these measures 

becoming effective on March 7, 2007, 

rather than providing the additional 

time necessary to resolve these 

unanticipated issues. 

This final rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is issued without 

opportunity for prior notice and 

opportunity for public comment. 

This rule refers to collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) and 

which have been approved by OMB 

under Control Number 0648–0544. 

Public reporting for these requirements 

is estimated to average 4 hours for VMS 

installation, 15 minutes for completion 

and submission of certification of VMS 

installation and activation, 24 seconds 

for transmission of position reports, 2 

hours for annual maintenance of VMS, 

10 minutes for submission of requests 

for power-down exemptions, and 15 

minutes for annual renewal of all 

permits. These estimates include the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Send 

comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing burden hours, to NMFS (see 

ADDRESSES) and by email to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, and no person shall be subject to 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA, unless that 

collection of information displays a 

currently valid OMB control number. 

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

Dated: February 28, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 07–1013 Filed 3–1–07; 3:27 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

022207A] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS reduces the trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the southern 

Florida west coast subzone to 500 lb 

(227 kg) of king mackerel per day in or 

from the exclusive economic zone 

(EEZ). This trip limit reduction is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 3, 2007, through June 

30, 2007, unless changed by further 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone 727–824–

5305, fax 727–824–5308, e-mail 

steve.branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

fishery in the southern Florida west 

coast subzone is 520,312 lb (236,010 

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

In accordance with 50 CFR 

622.44(a)(2)(ii)(B)(2), from the date that 

75 percent of the southern Florida west 

coast subzone’s quota has been 

harvested until a closure of the 

subzone’s fishery has been effected or 

the fishing year ends, king mackerel in 

or from the EEZ may be possessed on 

board or landed from a permitted vessel 

in amounts not exceeding 500 lb (227 

kg) per day. 

NMFS has determined that 75 percent 

of the quota for Gulf group king 

mackerel from the southern Florida west 

coast subzone has been reached. 

Accordingly, a 500–lb (227–kg) trip 

limit applies to vessels in the 

commercial fishery for king mackerel in 

or from the EEZ in the southern Florida 

west coast subzone effective 12:01 a.m., 

local time, March 3, 2007. The 500–lb 

(227–kg) trip limit will remain in effect 

until the fishery closes or until the end 

of the current fishing year (June 30, 

2007), whichever occurs first. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade 

County, Florida, boundary) along the 

west coast of Florida to 87°31.067prime; 

W. long. (a line directly south from the 

Alabama/Florida boundary). The 

Florida west coast subzone is divided 

into northern and southern subzones. 

From November 1 through March 31, 

the southern subzone is designated as 

the area extending south and west from 

25°20.4′ N. lat. to 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, Florida, boundary), i.e., the area 

off Collier and Monroe Counties. Based 

on the current total allowable catch and 

the allocation ratios, the quota for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). The subzone’s 

quota is further divided into two equal 

520,312–lb (236,010–kg) quotas for 

vessels fishing with either run-around 

gillnets or hook-and-line gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 


sroberts on PROD1PC70 with RULES
10090 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

(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)(3)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

established quota. For the 

aforementioned reasons, the AA also 

finds good cause to waive the 30–day 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 28, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–1015 Filed 3–1–07; 3:27 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 061227341–7031–02; I.D. 

120406A] 

RIN 0648–AU99 

Fisheries in the Western Pacific; 

Western Pacific Pelagic Fisheries; 

Hawaii Shallow-Set Longline Fishery; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to the final regulations that 

were published in the Federal Register 

on February 26, 2007, and are effective 

March 28, 2007. The published rule 

amended CFR text that is effective only 

through March 19, 2007. This correction 

changes the amendatory instructions in 

the final rule to accurately reflect 

effective CFR parts as of March 28, 

2007. These changes ensure that the 7–

day delay in effectiveness is 

permanently removed when closing the 

Hawaii-based shallow-set longline 

fishery as a result of reaching 

interaction limits for sea turtles. 

DATES: Effective March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS Pacific Islands Region, 

808–944–2271. 

SUPPLEMENTARY INFORMATION: The final 

rule published on February 26, 2007 (72 

FR 8289) and effective March 28, 2007, 

removes the 7-day delay in effectiveness 

when closing the Hawaii-based shallowset longline fishery as a result of 

reaching interaction limits for sea 

turtles. It allows for an immediate 

closure of the fishery to enhance 

protection of sea turtles. 

The amendatory instructions that are 

the subject of this correction refer to 

§ 665.22 and § 665.33 in the CFR. The 

amendatory instructions in the 

published final rule (72 FR 8289) were 

written to amend CFR text that is 

effective only through March 19, 2007. 

This correction makes two changes to 

the amendatory instructions to 

accurately reflect effective CFR parts as 

of March 28, 2007. In the amendatory 

instruction for § 665.22, ‘‘revise’’ is 

replaced with ‘‘add’’. This change is 

necessary to insert revisions of 

paragraphs (ss) and (tt) that were 

effective through March 19, 2007. In 

amendatory instruction for § 665.33, the 

phrase, ‘‘remove paragraphs (b)(2)(iii) 

and (iv)’’, is removed, since the subject 

paragraphs will no longer be effective 

on March 28, 2007. 

Correction 

■ Accordingly, the final rule 

amendatory instructions published on 

February 26, 2007 in 72 FR 8289 are 

corrected as follows: 

§ 665.22 [Amended] 

■ On page 8291, column 2, the second 

amendatory instruction is correctly 

revised as follows: 

■ 2. In § 665.22, add paragraphs (ss) and 

(tt) to read as follows: 

§ 665.33 [Amended] 

■ On page 8291, column 2, the third 

amendatory instruction is revised to 

read as follows: 

■ 3. In § 665.33, revise paragraphs 

(b)(2)(i) and (ii) to read as follows: 

Dated: February 28, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–3902 Filed 3–6–07; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES