Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Rules and Regulations 5345 

notification with the required cost 

estimate for such facility. 

(i) Allocation of available funds. If the 

funds available to MARAD are 

insufficient to accommodate every M&R 

project required to be performed in U.S. 

shipyards, MARAD will select those 

work projects suitable for 

accomplishment in United States 

shipyards, for which MARAD will 

reimburse the differential costs of the 

M&R. MARAD will base such 

determinations on the amount of funds 

available, the projected cost of each 

repair, the number of vessels operated 

by the vessel operator and the proximity 

of the vessels’ itineraries to suitable U.S. 

shipyard locations. 

(j) Reimbursement.—

(1) IN GENERAL.—The Administrator 

will, subject to the availability of 

appropriations, reimburse a Contractor 

for costs incurred by the Contractor for 

qualified M&R performed in the United 

States under this section. 

(2) AMOUNT.—The amount of 

reimbursement will be equal to the 

difference between—

(i) The fair and reasonable cost of 

obtaining the qualified M&R in the 

United States; and 

(ii) The fair and reasonable cost of 

obtaining the qualified M&R outside the 

United States, in the country in which 

the Contractor would otherwise 

undertake the qualified M&R. 

(3) DETERMINATION OF FAIR AND 

REASONABLE COSTS.—

(i) The Administrator will determine 

fair and reasonable costs for purposes of 

paragraph (j)(2) of this section after 

considering the supporting 

documentation submitted by the 

Contractor. If it is too difficult to 

accurately ascertain the foreign costs of 

anticipated M&R, the Maritime 

Administrator may decide to compute 

the foreign cost of M&R by reference to 

a percentage of the domestic cost of the 

M&R, based on available general 

information. 

(ii) MARAD will also pay for other 

costs borne by the M&R participant 

reasonably associated with the qualified 

M&R performed in a U.S. shipyard that 

would not be incurred if the vessel was 

repaired in a foreign shipyard. Such 

costs include: 

(A) Any additional vessel 

maintenance and repair preparation 

costs, including costs for additional 

engineering, design and contract bid 

proposal costs; 

(B) Costs (including capital and 

operating costs) for ‘‘lost time’’ for 

transit to a U.S. shipyard in excess of 

the transit period to a foreign shipyard 

on the same trade route to which the 

vessel is assigned and for the time spent 

in a U.S. shipyard which exceeds the 

estimated time required by a foreign 

shipyard for the same work. 

(C) Costs for additional labor, 

supervision, overhead and other work 

involving shore-side personnel. 

(iii) Upon approval of each specific 

M&R project, the Administrator will 

establish with the Contractor a set level 

of funding to be provided by MARAD. 

If, during the course of performing M&R 

in a U.S. shipyard, it is discovered that 

the repairs will entail additional 

unanticipated costs, the Administrator 

shall provide MARAD’s share of 

funding corresponding to the percentage 

of the domestic M&R costs originally 

agreed to by MARAD, but not in excess 

of 20 percent of the original funding 

level agreed to by MARAD. Cost 

overruns will be the obligation of the 

M&R participant unless MARAD 

determines that it is fair to reimburse 

the M&R participant and sufficient 

funds are available to do so. 

(iv) Payment of MARAD’s share of the 

shipyard contract price may be made as 

work progresses or upon completion of 

the M&R and finalization of costs, as 

MARAD may determine. Vouchers for 

payment may be submitted to the 

Associate Administer for Marine Asset 

Development. Payments shall be paid 

and processed under the terms and 

conditions of the Prompt Payment Act, 

31 U.S.C. 3901. However, pursuant to 31 

U.S.C. 3902(f), interest on late payments 

will be paid only if appropriated funds 

for paying reimbursement under the 

M&R Pilot Program are available. 

Dated: February 1, 2007. 

By Order of the Maritime Administrator. 

Daron T. Threet, 

Secretary, Maritime Administration. 

[FR Doc. E7–1880 Filed 2–5–07; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

013107B] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason trip 

limit reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit of Atlantic group 

Spanish mackerel in or from the 

exclusive economic zone (EEZ) in the 

southern zone to 1,500 lb (680 kg) per 

day. This trip limit reduction is 

necessary to maximize the 

socioeconomic benefits of the quota. 

DATES: Effective 6 a.m., local time, 

February 5, 2007, through February 28, 

2007, unless changed by further 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824–

5305, fax: 727–570–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, dolphin, and, in the 

Gulf of Mexico only, 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 by 

regulations at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP (65 FR 41015, July 3, 

2000) NMFS implemented a commercial 

quota of 3.87 million lb (1.76 million kg) 

for the Atlantic migratory group of 

Spanish mackerel. Atlantic migratory 

group Spanish mackerel are divided 

into a northern and southern zone for 

management purposes. The southern 

zone for Atlantic migratory group 

Spanish mackerel extends from 

30°42′45.6′′ N. lat., which is a line 

directly east from the Georgia/Florida 

boundary, to 25°20.4′ N. lat., which is a 

line directly east from the Miami-Dade/ 

Monroe County, Florida, boundary. 

For the southern zone, seasonally 

variable trip limits are based off an 

adjusted quota of 3.62 million lb (1.64 

million kg). The adjusted quota is 

calculated to allow continued harvest in 

the southern zone at a set rate for the 

remainder of the fishing year in 

accordance with 50 CFR 622.44(b)(2). 

Beginning December 1, trip limits are 

unlimited on weekdays and 1,500 lb 

(680 kg) per day on weekends. When 75 

percent of the adjusted quota of Atlantic 

group Spanish mackerel is taken until 

100 percent of the adjusted quota is 

taken, Spanish mackerel in or from the 

EEZ in the southern zone may not be 


rmajette on PROD1PC67 with RULES
5346 Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Rules and Regulations 

possessed on board or landed from a 

permitted vessel in amounts exceeding 

1,500 lb (680 kg) per day. 

NMFS has determined that 75 percent 

of the adjusted quota for Atlantic group 

Spanish mackerel has been taken. 

Accordingly, the 1,500–lb (680–kg) per 

day commercial trip limit applies to 

Spanish mackerel in or from the EEZ in 

the southern zone effective 6 a.m., local 

time, February 5, 2007, through 

February 28, 2007, unless changed by 

further notification in the Federal 

Register. 

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)(3)(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 trip limit 

reduction. 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 the 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: January 31, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–504 Filed 2–1–07; 2:37 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216044–6044–01; I.D. 

013107A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is reopening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the A season allowance of the 2007 

total allowable catch (TAC) of pollock 

specified for Statistical Area 630 of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 6, 2007, through 

1200 hrs, A.l.t., February 8, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., February 16, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

• Mail to: P.O. Box 21668, Juneau, AK 

99802; 

• Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

• FAX to 907–586–7557; 

• E-mail to 630pollock@noaa.gov and 

include in the subject line of the e-mail 

comment the document identifier: 

g63plkro1.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes); or 

• Webform at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on 

January 22, 2007 (72 FR 2793, January 

23, 2007). 

NMFS has determined that 

approximately 3,134 mt of pollock 

remain in the directed fishing allowance 

in Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C) and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2007 TAC of 

pollock in Statistical Area 630, NMFS is 

terminating the previous closure and is 

reopening directed fishing for pollock in 

Statistical Area 630 of the GOA. In 

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

Regional Administrator finds that this 

directed fishing allowance will be 

reached after 48 hours. Consequently, 

NMFS is prohibiting directed fishing for 

pollock in Statistical Area 630 of the 

GOA for 48 hours, effective 1200 hrs, 

A.l.t., February 6, 2007. 

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) and 679.25(c)(1)(ii) 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 

opening of pollock in Statistical Area 

630 of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of January 30, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 630 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 


rmajette on PROD1PC67 with RULES