Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 21123 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not involve special 

considerations of environmental justicerelated issues pursuant to Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

VI. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report 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 the rule in the Federal 

Register. This rule is not a major rule as 

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

List of Subjects in 40 CFR Parts 712 and 

716 

Environmental protection, Chemicals, 

Hazardous substances, Health and 

safety, Reporting and recordkeeping 

requirements. 

Dated: April 23, 2007. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 712—[AMENDED] 

■ 1. The authority citation for part 712 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

§ 712.30 [Amended] 

■ 2. In § 712.30, in the table under the 

heading ‘‘Voluntary HPV Challenge 

Program orphan (unsponsored) 

chemicals’’ in paragraph (e), remove the 

entries CAS No. 150–50–5, 

Phosphorotrithious acid, tributyl ester 

and CAS No. 3338–24–7, 

Phosphorodithioic acid, O,O–diethyl 

ester, sodium salt. 

PART 716–-[AMENDED] 

■ 3. The authority citation for part 716 

continues to read as follows: 

Authority: 15 U.S.C. 2607(d). 

§ 716.120 [Amended] 

■ 4. In § 716.120, in the table under the 

heading ‘‘Voluntary HPV Challenge 

Program orphan (unsponsored) 

chemicals in paragraph (d), remove the 

entries Phosphorotrithious acid, tributyl 

ester, CAS No. 150–50–5 and 

Phosphorodithioic acid, O,O-diethyl 

ester, sodium salt, CAS No. 3338–24–7. 

[FR Doc. 07–2104 Filed 4–27–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 04011–2010–4114–02; I.D. 

042407B] 

RIN 0648–AN17 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Closure of 

the Eastern U.S./Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the Eastern U.S./Canada Area to 

limited access NE multispecies days-atsea (DAS) vessels for the remainder of 

the 2006 fishing year (i.e., through April 

30, 2007). Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has 

determined that 100 percent of the total 

allowable catch (TAC) of Georges Bank 

(GB) cod allocated to be harvested from 

the Eastern U.S./Canada Area will be 

harvested by April 25, 2007. This action 

is being taken to prevent the 2006 TAC 

for GB cod in the Eastern U.S./Canada 

Area from being exceeded during the 

2006 fishing year in accordance with the 

regulations implemented under 

Amendment 13 to the NE Multispecies 

Fishery Management Plan and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: The closure of the Eastern U.S./ 

Canada Area to all limited access NE 

multispecies DAS vessels is effective 

0001 hr local time, April 25, 2007, 

through 2400 hr local time, April 30, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The final GB 

cod TAC allocation for the 2006 fishing 

year was specified at 374 mt (April 28, 

2006; 71 FR 25095). Once 100 percent 

of the GB cod TAC allocation specified 

for the U.S./Canada Management Area is 

projected to have been harvested, the 

regulations at § 648.85(a)(3)(iv)(E) 

require the Regional Administrator to 

close access to the Eastern U.S./Canada 

Area for all limited access NE 

multispecies DAS vessels to prevent 

over-harvesting the TAC allocations for 

the U.S./Canada Management Area. 

Based upon VMS daily catch reports, 

dealer reports, and other available 

information, the Regional Administrator 

has determined that 100 percent of the 

2006 GB cod TAC of 374 mt will have 

been harvested on April 25, 2007. 

Therefore, based on the available 

information described above, to ensure 

that the TAC for GB cod will not be 

exceeded, the Eastern U.S./Canada Area 

is closed to all limited access NE 

multispecies DAS vessels for the 

remainder of the 2006 fishing year, 

effective April 25, 2007, pursuant to 

§ 648.85(a)(3)(iv)(E). Vessels that have 

made a correct VMS declaration 

indicating the intention to fish in the 

Eastern U.S./Canada Area (VMS U.S./ 

Canada Area Code 2), and crossed the 

demarcation line prior to 0001 hours on 

April 25, 2007, may continue their trip 

and fish in the Eastern U.S./Canada 

Area. Vessels that are currently declared 

into the Eastern U.S./Canada Area, and 

have already ‘‘flexed out’’ or ‘‘flexed 

west’’, may not reenter the Eastern U.S./ 

Canada Area after 0001 hours on April 

25, 2007. Any vessel that leaves the 

Eastern U.S./Canada Area after 0001 

hours on April 25, 2007, is prohibited 

from reentering the Eastern U.S./Canada 

Area for the remainder of the fishing 

year. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 


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21124 Federal Register / Vol. 72, No. 82 / Monday, April 30, 2007 / Rules and Regulations 

action, because notice, comment, and a 

delayed effectiveness would be 

impracticable and contrary to the public 

interest. This action will close the 

Eastern U.S./Canada Area to groundfish 

DAS vessels. This action is required by 

the regulations at § 648.85(a)(3)(iv)(E) 

and is non-discretionary. In addition, 

since 100 percent of the GB cod is 

projected to be harvested by April 25, 

2007, there is insufficient time to allow 

for public notice, comment, and delayed 

effectiveness before 100 percent of the 

TAC will be harvested. 

Given the increasing harvest rate and 

the small GB cod TAC specified for 

2006, the time necessary to provide for 

prior notice, opportunity for public 

comment, or delayed effectiveness 

would prevent the agency from ensuring 

that the 2006 TAC for GB cod is not 

exceeded during the 2006 fishing year. 

It was not possible to take this action 

earlier to provide more time for public 

comment because of the increasing GB 

cod harvest rate, the small GB cod TAC, 

and the ability of NMFS to monitor the 

harvest (the projection that 100 percent 

of the GB cod TAC would be harvested 

by April 25, 2007, was not available 

until April 23, 2007). Exceeding the 

2006 TAC for GB cod would increase 

mortality of this overfished stock 

beyond that evaluated during the 

development of Amendment 13, 

resulting in decreased revenue for the 

NE multispecies fishery, increased 

economic impacts to vessels operating 

in the Eastern U.S./Canada Area, a 

reduced chance of achieving optimum 

yield in the groundfish fishery, and 

unnecessary delays to the rebuilding of 

this overfished stock. 

The public has been able to obtain 

information on the rate of harvest of the 

GB cod TAC via the Northeast Regional 

Office website (http:// 

www.nero.noaa.gov) to provide at least 

some advanced notice of the harvest 

totals and potential action to prevent the 

TAC for GB cod from being exceeded 

during the 2006 fishing year. Further, 

the potential for this action was 

considered and open to public comment 

during the development of Amendment 

13. Therefore, any negative effect the 

waiving of public comment and delayed 

effectiveness may have on the public is 

mitigated by these factors. 

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

Dated: April 24, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2083 Filed 4–24–07; 2:49 pm] 

BILLING CODE 3510–22–S 


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