78382 Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. 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 rule 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 this final 

rule in the Federal Register. This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 21, 2006. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.418 is amended by 

alphabetically adding commodities to 

the table in paragraph (a)(2) to read as 

follows: 

§ 180.418 Cypermethrin and an isomer 

zeta-cypermethrin; tolerances for residues. 

(a)* * * 

(2) * * * 

Commodity 

Parts 

per 

million 

* * * * * 

Almond, hulls ...................................... 6 

Animal feed, nongrass, group 18, forage .................................................. 8 

Animal feed, nongrass, group 18, hay 40 

Commodity 

Parts 

per 

million 

* * * * * 

Berry, group 13 ................................... 0.8 

* * * * * 

Cilantro, leaves ................................... 10 

* * * * * 

Food/feed items (other than those 

covered by a higher tolerance as a 

result of use on growing crops) in 

food/feed handling establishments 0.05 

Fruit, pome, group 11 ......................... 2 

Fruit, stone, group 12 ......................... 1 

* * * * * 

Grape .................................................. 2 

Grass, forage, group 17 ..................... 10 

Grass, hay, group 17 .......................... 35 

* * * * * 

Nut, tree, group 14 ............................. 0.05 

* * * * * 

Peanut ................................................ 0.05 

* * * * * 

Rapeseed ........................................... 0.2 

* * * * * 

Sunflower ............................................ 0.2 

Sunflower, refined oil .......................... 0.5 

* * * * * 

Turnip, greens .................................... 14 

* * * * * 

Vegetable, cucurbit, group 9 .............. 0.2 

* * * * * 

Vegetable, root and tuber, group 1, 

except sugar beet ........................... 0.1 

* * * * * 

* * * * * 

[FR Doc. E6–22288 Filed 12–28–06; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02; I.D. 

121806C] 

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Part-time Category 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; tilefish Parttime permit category closure. 

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landings (TAL) available to 

the Part-time permit category for the 

2007 fishing year has been harvested. 

Commercial vessels fishing under the 

Part-time tilefish category may not 

harvest tilefish from within the Golden 

Tilefish Management Unit for the 

remainder of the 2007 fishing year 

(through October 31, 2007). Regulations 

governing the tilefish fishery require 

publication of this notification to advise 

the public of this closure. 

DATES: Effective 0001 hrs local time, 

December 29, 2006, through 2400 hrs 

local time, October 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brian R. Hooker, Fishery Policy Analyst, 

at (978) 281–9220. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the Golden Tilefish 

Management Unit. The Golden Tilefish 

Management Unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the TAL is deducted to reflect landings 

by vessels issued an open-access 

Incidental permit category, and after up 

to 3 percent of the TAL is set aside for 

research purposes, should research TAL 

be set aside, the remaining TAL is 

distributed among three tilefish limited 

access permit categories: Full-time tier 1 

category (66 percent), Full-time tier 2 

category (15 percent), and the Part-time 

category (19 percent). 

The TAL for tilefish for the 2007 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2007 fishing year. Thus, the Parttime permit category quota for the 2007 

fishing year, which is equal to 19 

percent of the TAL, was specified at 

360,098 lb (163,338 kg). However, due 

to an over-harvest in the 2006 fishing 

year, the quota for the Part-time permit 

category was adjusted downward by 

92,935 lb (42,155 kg) to 267,163 lb 

(121,183 kg). Notification of the 2007 

Part-time permit category quota for the 

2007 fishing year was published in the 

Federal Register on October 31, 2006 

(71 FR 63703). 

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 


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Federal Register / Vol. 71, No. 250 / Friday, December 29, 2006 / Rules and Regulations 78383 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from within the Golden 

Tilefish Management Unit. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2007 tilefish TAL for the Part-time 

category has been harvested. Therefore, 

effective 0001 hr local time, December 

29, 2006, further landings of tilefish 

harvested from within the Golden 

Tilefish Management Unit by tilefish 

vessels holding Part-time category 

Federal fisheries permits are prohibited 

through October 31, 2007. The 2008 

fishing year for commercial tilefish 

harvest will open on November 1, 2007. 

Federally permitted dealers are also 

advised that, effective December 29, 

2006, they may not purchase tilefish 

from Part-time category federally 

permitted tilefish vessels who land 

tilefish harvested from within the 

Golden Tilefish Management Unit for 

the remainder of the 2007 fishing year 

(through October 31, 2007). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

E.O. 12866. 

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

Dated: December 22, 2006. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 06–9918 Filed 12–26–06; 8:51 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060424108–6204–02; I.D. 

121906B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; North Pacific Halibut 

and Sablefish Individual Fishing Quota 

Cost Recovery Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of standard prices 

and fee percentage. 

SUMMARY: NMFS publishes IFQ standard 

prices for the individual fishing quota 

(IFQ) cost recovery program in the 

halibut and sablefish fisheries of the 

North Pacific. This action is intended to 

provide holders of halibut and sablefish 

IFQ permits with the 2006 standard 

prices and fee percentage to calculate 

the required payment for IFQ cost 

recovery fees due by January 31, 2007. 

DATES: Effective December 29, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Troie Zuniga, Fee Coordinator, 907–

586–7231. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS Alaska Region administers the 

halibut and sablefish IFQ programs in 

the North Pacific. The IFQ programs are 

limited access systems authorized by 

section 303(b) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Northern Pacific Halibut Act of 1982. 

Fishing under the IFQ programs began 

in March 1995. Regulations 

implementing the IFQ program are set 

forth at 50 CFR part 679. 

In 1996, the Magnuson-Stevens Act 

was amended (by Public Law 104–297) 

to, among other things, require the 

Secretary of Commerce to ‘‘collect a fee 

to recover the actual costs directly 

related to the management and 

enforcement of any . . . individual 

fishing quota program’’ (section 

304(d)(2)(A)). Section 304(d)(2) of the 

Magnuson-Stevens Act specifies an 

upper limit on these fees, when the fees 

must be collected, and where the fees 

must be deposited. Section 303(d)(4) 

allows NMFS to reserve up to 25 

percent of the fees collected for use in 

an IFQ loan program to aid in financing 

the purchase of IFQ or quota share (QS) 

by entry-level and small-vessel 

fishermen. 

On March 20, 2000, NMFS published 

regulations implementing the IFQ cost 

recovery program (65 FR 14919), which 

are set forth at § 679.45. Under the 

regulations, an IFQ permit holder incurs 

a cost recovery fee liability for every 

pound of IFQ halibut and IFQ sablefish 

that is landed on his or her IFQ 

permit(s). The IFQ permit holder is 

responsible for self-collecting the fee 

liability for all IFQ halibut and IFQ 

sablefish landings on his or her 

permit(s). The IFQ permit holder is also 

responsible for submitting a fee liability 

payment to NMFS on or before the due 

date of January 31 following the year in 

which the IFQ landings were made. The 

dollar amount of the fee due is 

determined by multiplying the annual 

IFQ fee percentage (3 percent or less) by 

the ex-vessel value of each IFQ landing 

made on a permit and summing the 

totals of each permit (if more than one). 

Standard Prices 

The fee liability is based on the sum 

of all payments of monetary worth made 

to fishermen for the sale of the fish 

during the year. This includes any retropayments (e.g., bonuses, delayed partial 

payments, post-season payments) made 

to the IFQ permit holder for previously 

landed IFQ halibut or sablefish. 

For purposes of calculating IFQ cost 

recovery fees, NMFS distinguishes 

between two types of ex-vessel value: 

‘‘actual’’ and ‘‘standard.’’ ‘‘Actual’’ exvessel value is the amount of all 

compensation, monetary or nonmonetary, that an IFQ permit holder 

received as payment for his or her IFQ 

fish sold. ‘‘Standard’’ ex-vessel value is 

the default value on which to base fee 

liability calculations. However, IFQ 

permit holders have the option of using 

actual ex-vessel value if they can 

satisfactorily document them. 

Regulations at § 679.45(c)(2)(i) require 

the Regional Administrator to publish 

IFQ standard prices during the last 

quarter of each calendar year. These 

standard prices are used, along with 

estimates of IFQ halibut and IFQ 

sablefish landings, to calculate standard 

values. The standard prices are 

described in U.S. dollars per IFQ 

equivalent pound for IFQ halibut and 

IFQ sablefish landings made during the 

year. IFQ equivalent pound(s) is the 

weight (in pounds), for an IFQ landing 

calculated as the round weight for 

sablefish and headed and gutted net 

weight for halibut. NMFS calculates the 

standard prices to closely reflect the 

variations in the actual ex-vessel values 

of IFQ halibut and IFQ sablefish 

landings by month and port or portgroup. The standard prices for IFQ 

halibut and IFQ sablefish are listed in 

the following tables. Data from ports are 

combined as necessary to protect 

confidentiality. 

Fee Percentage 

Section 304(d)(2)(B) of the MagnusonStevens Act provides for a maximum fee 

of 3 percent of the ex-vessel value of 

fish harvested under an IFQ Program. 

NMFS annually sets a fee percentage for 

sablefish and halibut IFQ holders that is 

based on the actual annual costs 

associated with certain management and 

enforcement functions as well as the 

standard ex-vessel value of the catch 

subject to the IFQ fee for the current 

year. The method used by NMFS to 

calculate the IFQ fee percentage is 

described at § 679.45(d)(2)(ii). 

Regulations at § 679.45(d) require 

NMFS to publish the IFQ fee percentage 

for the halibut and sablefish IFQ 

fisheries in the Federal Register during 


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