12572 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 

Dated: March 1, 2007. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

[FR Doc. E7–4774 Filed 3–15–07; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–37 

[FMR Amendment 2007–02; FMR Case 

2007–102–1; Docket 2007–001; Sequence 1] 

RIN 3090–AI30 

Federal Management Regulation; FMR 

Case 2007–102–1, Donation of Surplus 

Personal Property—Historic Light 

Stations 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

incorporating the provisions in Public 

Law 109–313 regarding donations to 

historic light stations. 

DATES: Effective Date: April 16, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of 

Travel, Transportation, and Asset 

Management (MT), at (202) 501–3828, or 

e-mail at Robert.Holcombe@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat, Room 4035, GS Building, 

Washington, DC, 20405, (202) 501–4755. 

Please cite FMR Amendment 2007–02, 

FMR Case 2007–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Public Law 109–313, known as the 

General Services Administration 

Modernization Act, revised certain 

provisions of title 40 U.S.C. 549. This 

final rule reflects the changes made by 

Public Law 109–313. 

B. Executive Order 12866 

The General Services Administration 

(GSA) has determined that this final 

rule is not a significant regulatory action 

for the purposes of Executive Order 

12866. 

C. Regulatory Flexibility Act 

This final rule is not required to be 

published in the Federal Register for 

comment. Therefore, the Regulatory 

Flexibility Act does not apply. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

E. Small Business Regulatory 

Enforcement Fairness Act 

This final rule is exempt from 

Congressional review under 5 U.S.C. 

801 since it relates solely to agency 

management and personnel. 

List of Subjects in 41 CFR Part 102–37 

Government property management, 

Surplus government property. 

Dated: January 3, 2007. 

Lurita Doan, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, GSA amends 41 CFR part 

102–37 as set forth below: 

PART 102–37—DONATION OF 

SURPLUS PERSONAL PROPERTY 

■ 1. The authority citation for 41 CFR 

part 102–37 continues to read as 

follows: 

Authority: 40 U.S.C. 549 and 121(c). 

■ 2. Amend § 102–37.380 by adding 

paragraph (b)(17) to read as follows: 

§ 102–37.380 What is the statutory 

authority for donation of surplus Federal 

property made under this subpart? 

* * * * * 

(b) * * * 

(17) Historic light stations as defined 

under section 308(e)(2) of the National 

Historic Preservation Act (16 U.S.C. 

470w–7(e)(2)), including a historic light 

station conveyed under subsection (b) of 

that section, notwithstanding the 

number of hours that the historic light 

station is open to the public. 

* * * * * 

■ 3. Amend Appendix C to part 102–37 

by alphabetically adding the definition 

‘‘Historic light station’’ to read as 

follows: 

Appendix C to Part 102–37—Glossary 

of Terms for Determining Eligibility of 

Public Agencies and Nonprofit 

Organizations 

* * * * * 

Historic light station means a historic 

light station as defined under section 

308(e)(2) of the National Historic 

Preservation Act 16 U.S.C. 470w–7(e)2), 

including a historic light station 

conveyed under subsection (b) of that 

section, notwithstanding the number of 

hours that the historic light station is 

open to the public. 

* * * * * 

[FR Doc. E7–4845 Filed 3–15–07; 8:45 am] 

BILLING CODE 6820–14–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060314069–6069–01; I.D. 

031307A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Elephant Trunk Scallop Access Area to 

General Category Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Elephant Trunk Scallop Access Area 

(ETAA) will close to general category 

scallop vessels until it re-opens on 

March 1, 2008. This action is based on 

the determination that 865 general 

category scallop trips into the ETAA are 

projected to be taken as of 0001 hr local 

time, March 15, 2007. This action is 

being taken to prevent the allocation of 

general category trips in the ETAA from 

being exceeded during the 2007 fishing 

year, in accordance with the regulations 

implementing Framework 18 to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the ETAA to all 

general category scallop vessels is 

effective 0001 hr local time, March 15, 

2007, through February 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Fishery Management 

Specialist, (978) 281–9326, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the Sea Scallop Access Areas are found 

at §§ 648.59 and 648.60. Regulations 

specifically governing general category 

scallop vessel operations in the ETAA 

are specified at ’ 648.59(e)(4)(ii). These 

regulations authorize vessels issued a 

valid general category scallop permit to 

fish in the ETAA under specific 

conditions, including a cap of 865 trips 

that may be taken by general category 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations 12573 

vessels during the 2007 fishing year. 

The regulations at § 648.59(e)(4)(ii) 

require the ETAA to be closed to general 

category scallop vessels once the 

Northeast Regional Administrator has 

determined that the allowed number of 

trips are projected to be taken. 

Based on Vessel Monitoring System 

(VMS) trip declarations by general 

category scallop vessels fishing in the 

ETAA, and analysis of fishing effort, a 

projection concluded that, given current 

activity levels by general category 

scallop vessels in the area, the trip cap 

will be attained on March 15, 2007. 

Therefore, in accordance with the 

regulations at § 648.59(e)(4)(ii), the 

ETAA is closed to all general category 

scallop vessels as of 0001 hr local time, 

March 15, 2007. This closure is in effect 

for the remainder of the 2007 scallop 

fishing year. The ETAA is scheduled to 

re-open to scallop fishing, including 

trips for general category scallop 

vessels, on March 1, 2008, unless the 

schedule for scallop access areas is 

modified by the New England Fishery 

Management Council. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

This action closes the ETAA to all 

general category scallop vessels until 

February 29, 2008. The regulations at 

§ 648.59(e)(4)(ii) allow such action to 

ensure that general category scallop 

vessels do not take more than their 

allocated number of trips in the ETAA. 

The ETAA opened for the 2007 fishing 

year at 0001 hours on March 1, 2007. 

Data indicating the general category 

scallop fleet has taken all of the ETAA 

trips have only recently become 

available. To allow general category 

scallop vessels to continue to take trips 

in the ETAA during the period 

necessary to publish and receive 

comments on a proposed rule would 

result in vessels taking much more than 

the allowed number of trips in the 

ETAA. Excessive trips and harvest from 

the ETAA would result in excessive 

fishing effort in the ETAA, where effort 

controls are critical, thereby 

undermining conservation objectives of 

the FMP. Should excessive effort occur 

in the ETAA, future management 

measures would need to be more 

restrictive. Based on the above, under 5 

U.S.C. 553(d)(3), proposed rulemaking 

is waived because it would be 

impracticable and contrary to the public 

interest to allow a period for public 

comment. Furthermore, for the same 

reasons, there is good cause under 5 

U.S.C 553(d)(3) to waive the 30–day 

delayed effectiveness period for this 

action. 

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

Dated: March 13, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1304 Filed 3–13–07; 3:30 pm] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with RULES