18134 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 

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: April 2, 2007. 

Lois Rossi, 

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 180.557 is amended by 

revising paragraph (a), and removing 

and reserving paragraphs (b) and (c) to 

read as follows. 

§ 180.557 Tetraconazole; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide, 

tetraconazole, 1-[2-(2,4-dichlorophenyl)- 

3-(1,1,2,2-tetrafluoroethoxy)propyl]-1H1,2,4-triazole in or on the following 

commodities: 

Commodity Parts per million 

Aspirated grain fractions 1.0 

Beet sugar, dried pulp .... 0.15 

Beet sugar, molasses ..... 0.15 

Beet sugar, root .............. 0.05 

Cattle, fat ........................ 0.02 

Cattle, liver ...................... 0.20 

Cattle, meat .................... 0.01 

Cattle, meat byproducts 

(except liver) ............... 0.01 

Eggs ................................ 0.02 

Goat, fat .......................... 0.02 

Goat, liver ....................... 0.20 

Goat, meat ...................... 0.01 

Goat, meat byproducts 

(except liver) ............... 0.01 

Hog, fat ........................... 0.01 

Hog, liver ........................ 0.05 

Hog, meat ....................... 0.01 

Hog, meat byproducts 

(except liver) ............... 0.01 

Horse, fat ........................ 0.02 

Horse, liver ..................... 0.20 

Horse, meat .................... 0.01 

Horse, meat byproducts 

(except liver) ............... 0.01 

Milk ................................. 0.01 

Milk, fat ........................... 0.25 

Peanut ............................ 0.03 

Peanut, oil ....................... 0.10 

Pecan .............................. 0.04 

Poultry, fat ...................... 0.05 

Commodity Parts per million 

Poultry, meat .................. 0.01 

Poultry meat byproducts 0.01 

Sheep, fat ....................... 0.02 

Sheep, liver ..................... 0.20 

Sheep, meat ................... 0.01 

Sheep, meat byproducts 

(except liver) ............... 0.01 

Soybean, refined oil ........ 0.80 

Soybean, seed ................ 0.15 

(b) Section 18 emergency exemptions. 

[Reserved]. 

(c) Tolerances with regional 

registrations. [Reserved]. 

* * * * * 

[FR Doc. E7–6837 Filed 4–10–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

040407C] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

hook-and-line fishery for king mackerel 

in the exclusive economic zone (EEZ) in 

the southern Florida west coast 

subzone. This closure is necessary to 

protect the Gulf king mackerel resource. 

DATES: The closure is effective 12:01 

a.m., local time, April 10, 2007, until 

12:01 a.m., July 1, 2007. 

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. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001), NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast and 

west coast subzones. The Florida west 

coast subzone is that part of the eastern 

zone south and west of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) 

along the west coast of Florida to 

87°31.1′ W. long. (a line directly south 

from the Alabama/Florida boundary). 

The Florida west coast subzone is 

further divided into a northern and 

southern subzone. The southern 

subzone is that part of the Florida west 

coast subzone, which from November 1 

through March 31 extends south and 

west from the Miami-Dade/Monroe 

County boundary to 25°20.4′ N. lat. to 

26°19.8′ N. lat.(a line directly west from 

the Lee/Collier County, FL, boundary), 

i.e., the area off Collier and Monroe 

Counties. From April 1 through October 

31, the southern subzone is that part of 

the Florida west coast subzone which is 

between 26°19.8′ N. lat. and 25°48′ N. 

lat.(a line directly west from the 

Monroe/Collier County, FL, boundary), 

i.e., the area off Collier County. The 

quota implemented for the southern 

Florida west coast subzone is 1,040,625 

lb (472,020 kg). That quota is further 

divided into two equal quotas of 

520,312 lb (236,010 kg) for vessels in 

each of two groups fishing with runaround gillnets and hook-and-line gear 

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

Under 50 CFR 622.43(a)(3), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined that the 

commercial quota of 520,312 lb (236,010 

kg) for Gulf group king mackerel for 

vessels using hook-and-line gear in the 

southern Florida west coast subzone has 

been met. Accordingly, the commercial 

fishery for king mackerel for such 

vessels in the southern Florida west 

coast subzone is closed at 12:01 a.m., 

local time, April 10, 2007, through 12:01 

a.m., July 1, 2007, the beginning of the 

next (2007 - 2008) fishing season. 


cprice-sewell on PROD1PC71 with RULES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Rules and Regulations 18135 

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 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 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: April 6, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1801 Filed 4–6–07; 2:40 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01; I.D. 

040607B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2007 second 

seasonal allowance of the Pacific cod 

total allowable catch (TAC) specified for 

catcher vessels using trawl gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 9, 2007, through 1200 

hrs, A.l.t., June 10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 2007 second seasonal allowance 

of the Pacific cod TAC specified for 

catcher vessels using trawl gear in the 

BSAI is 3,711 metric tons (mt) as 

established by the 2007 and 2008 final 

harvest specifications for groundfish in 

the BSAI (72 FR 9451, March 2, 2007), 

for the period 1200 hrs, A.l.t., April 1, 

2007, through 1200 hrs, A.l.t., June 10, 

2007. See § 679.20(c)(3)(iii), 

§ 679.20(c)(5), and § 679.20(a)(7)(i)(B). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 second 

seasonal allowance of the Pacific cod 

TAC specified for catcher vessels using 

trawl gear in the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,691 mt, and is 

setting aside the remaining 20 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 Pacific cod by 

catcher vessels using trawl gear in the 

BSAI. 

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 Pacific cod by 

catcher vessels using trawl gear in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of April 5, 2007. 

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: April 6, 2007. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–1802 Filed 4–6–07; 2:40 pm] 

BILLING CODE 3510–22–S 


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