27980 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and Regulations 

designated entity) as available and 

representing funds eligible for Federal 

match; and 

(v) Shall be subject to the audit 

requirements in § 98.65 of these 

regulations. 

(f) Donated funds need not be 

transferred to or under the 

administrative control of the Lead 

Agency in order to qualify as an 

expenditure eligible to receive Federal 

match under this subsection. They may 

be given to the public or private entities 

designated by the State to implement 

the child care program in accordance 

with § 98.11 provided that such entities 

are identified and designated in the 

State Plan to receive donated funds in 

accordance with § 98.16(c)(2). 

* * * * * 

(h) * * * 

(3) In any fiscal year, a State may use 

public pre-K funds for up to 20% of the 

funds serving as maintenance-of-effort 

under this subsection. In addition, in 

any fiscal year, a State may use other 

public pre-K funds as expenditures 

serving as State matching funds under 

this subsection; such public pre-K funds 

used as State expenditures may not 

exceed 30% of the amount of a State’s 

expenditures required to draw down the 

State’s full allotment of Federal 

matching funds available under this 

subsection. 

(4) If applicable, the CCDF Plan shall 

reflect the State’s intent to use public 

pre-K funds in excess of 10%, but not 

for more than 20% of its maintenanceof-effort or 30% of its State matching 

funds in a fiscal year. Also, the Plan 

shall describe how the State will 

coordinate its pre-K and child care 

services to expand the availability of 

child care. 

* * * * * 

[FR Doc. E7–9626 Filed 5–17–07; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XA25 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less than 60 Feet 

(18.3 m) LOA Using Pot or Hook-andLine 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 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2007 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 15, 2007, through 2400 

hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 and 2008 final harvest 

specifications for groundfish in the 

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

reallocation on March 5, 2007 (72 FR 

10428, March 8, 2007), and the 

reallocation on April 31, 2007 (72 FR 

18595, April 30, 2007) allocated a 

directed fishing allowance for Pacific 

cod of 2,853 metric tons to catcher 

vessels less than 60 feet (18.3 m) LOA 

using pot or hook-and-line gear in the 

BSAI. 

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

the Regional Administrator finds that 

the 2007 Pacific cod directed fishing 

allowance allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using pot 

or hook-and-line gear in the BSAI has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels less than 60 feet 

(18.3 m) LOA using pot or hook-andline 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 less than 60 feet (18.3 m) 

LOA using pot or hook-and-line 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 May 14, 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 section 

679.20 and is exempt from review under 

Executive Order 12866. 

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

Dated: May 15, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2473 Filed 5–15–07; 1:42 pm] 

BILLING CODE 3510–22–S 


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