Federal Register/Vol. 71, No. 109/Wednesday, June 7, 2006
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32862 Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / Rules and Regulations percent of the new webbing strength, DEPARTMENT OF COMMERCE by the Consolidated Appropriations Act when tested in accordance with S5.1(b) of 2004 (Public Law 108–199, section of FMVSS 209. National Oceanic and Atmospheric 801). Amendments 18 and 19 to the Administration (2) A mass of 2.35 ± .05 kg shall be FMP to implement the Program. A final rule implementing these amendments used in the test procedure in S5.1(d) of 50 CFR Part 680 was published on March 2, 2005 (70 FR FMVSS 209 for webbing, including 10174). NMFS also published three webbing to secure a child restraint [Docket No. 060227052–6139–02; I.D. 021606B] corrections to the final rule (70 FR system to the tether and lower 13097; March 18, 2005), (70 FR 33390; anchorages of a child restraint RIN 0648–AU06 June 8, 2005) and (70 FR 75419; anchorage system, except that a mass of December 20, 2005). 1.5 ± .05 kg shall be used for webbing Fisheries of the Exclusive Economic In October 2005, the Council adopted in pelvic and upper torso restraints of a Zone Off Alaska; Allocating Bering Sea Amendment 20 to the FMP. The Notice belt assembly used in a child restraint and Aleutian Islands King and Tanner of Availability for Amendment 20 was system. The mass is shown as (B) in Crab Fishery Resources published in the Federal Register on Figure 2 of FMVSS 209. AGENCY: National Marine Fisheries February 27, 2006 (71 FR 9770). NMFS (c)(1) After exposure to the light of a Service (NMFS), National Oceanic and approved Amendment 20 on May 25, carbon arc and tested by the procedure Atmospheric Administration (NOAA), 2006. Commerce. NMFS published a proposed rule to specified in S5.1(e) of FMVSS 209 implement Amendment 20 in the (§ 571.209), have a breaking strength of ACTION: Final rule. Federal Register on March 21, 2006 (71 not less than 60 percent of the new FR 14153). Public comments on the webbing, and shall have a color SUMMARY: NMFS issues a final rule implementing Amendment 20 to the proposed rule were solicited through retention not less than No. 2 on the May 5, 2006. No public comments were Geometric Gray Scale published by the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner received and therefore, no changes were American Association of Textile crabs (FMP). This action amends the made from the proposed to final rule. Chemists and Colorists, Post Office Box A description of this action is Crab Rationalization Program provided in the preamble to the 886, Durham, NC. (hereinafter referred to as the Program) proposed rule (March 21, 2006, 71 FR (2) After being subjected to micro- to modify the allocation of harvesting 14153) and is briefly summarized here. organisms and tested by the procedures shares and processing shares for Bering Under the Program, harvester quota specified in S5.1(f) of FMVSS 209 Sea Tanner crab Chionoecetes bairdi share (QS), processor quota share (PQS), (§ 571.209), shall have a breaking (Tanner crab) to allow this species to be individual fishing quota (IFQ), and managed as two separate stocks. This strength not less than 85 percent of the individual processing quota (IPQ) new webbing. action is necessary to increase resource currently are issued for one Tanner crab (d) If contactable by the test dummy conservation and economic efficiency in fishery. The State of Alaska (State), torso when the system is tested in the crab fisheries that are subject to the however, has determined that eastern Program. This action is intended to accordance with S6.1, have a width of Bering Sea Tanner crab should be promote the goals and objectives of the not less than 11⁄2 inches when measured separated into two stocks and managed Magnuson-Stevens Fishery in accordance with S5.4.1.3. as two separate fisheries to avoid Conservation and Management Act localized depletion by the commercial S5.4.1.3 Width test procedure. (Magnuson-Stevens Act), the FMP, and fishery, particularly of legal-sized males Condition the webbing for 24 hours in other applicable law. in the Pribilof Islands area. The Program an atmosphere of any relative humidity DATES: Effective on July 7, 2006. and the final rule implementing it between 48 and 67 percent, and any ADDRESSES: allocated shares of the Tanner crab ° Copies of Amendment 20, ambient temperature between 70 and the Final Regulatory Flexibility Analysis fishery in the Bering Sea, but did not ° 77 F. Measure belt webbing width (FRFA), and the Environmental separately distinguish the management under a tension of 5 pounds applied Assessment (EA), Regulatory Impact of these two stocks. lengthwise. Review (RIR), and Initial Regulatory Amendment 20 to the FMP modifies * * * * * Flexibility Analysis (IRFA) prepared for the allocation of harvesting shares and processing shares for Bering Sea Tanner Issued: May 31, 2006. this action may be obtained from the NMFS Alaska Region, P.O. Box 21668, crab to accommodate management of Jacqueline Glassman, Juneau, AK 99802, Attn: Records Office, geographically separate Tanner crab Deputy Administrator. and on the Alaska Region, NMFS, fisheries. This action allocates QS and [FR Doc. E6–8727 Filed 6–6–06; 8:45 am] website at http://www.fakr.noaa.gov/ PQS and the resulting IFQ and IPQ for BILLING CODE 4910–59–P sustainablefisheries/crab/eis/ two Tanner crab fisheries, one east of default.htm. 166° W. longitude and the other west of 166° W. longitude. Revision of the QS FOR FURTHER INFORMATION CONTACT: and PQS allocations resolves the current Glenn Merrill, 907–586–7228 or inconsistency between current [email protected]. allocations and management of the SUPPLEMENTARY INFORMATION: The king Tanner crab species as two stocks. This and Tanner crab fisheries in the change will reduce administrative costs exclusive economic zone of the Bering for managers and the operational costs Sea and Aleutian Islands (BSAI) are of harvesters and processors while managed under the FMP. The FMP was increasing their flexibility. prepared by the North Pacific Fishery This action does not alter the basic Management Council (Council) under structure or management of the the Magnuson-Stevens Act as amended Program. Reporting, monitoring, fee VerDate Aug<31>2005 19:09 Jun 06, 2006 Jkt 208001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1 sroberts on PROD1PC70 with RULES Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / Rules and Regulations 32863 collection, and other requirements to (SBREFA) of 1996 (5 U.S.C. 601–612). It Recordkeeping and Reporting participate in the Tanner crab fishery specifically addresses the requirements Requirements are unchanged. This action does not at section 604(a). The reporting, recordkeeping, and increase the number of harvesters or other compliance requirements of the processors in the Tanner crab fisheries Issues Raised by Public Comments on the IRFA final rule will not change from those of or the amount of crab that may be the Program with respect to QS, IFQ, harvested currently. This action does The proposed rule was published in PQS, and IPQ. As such, this action not affect regional delivery requirements the Federal Register on March 21, 2006 requires no additional reporting, or other restrictions on harvesting and (71 FR 14153). An IRFA was prepared recordkeeping, or other compliance processing Tanner crab that currently for the proposed rule, and described in requirements. apply. NMFS will reissue Tanner crab QS the classifications section of the Description of Significant Alternatives and PQS. Currently, Tanner crab is preamble to the rule. The public and Description of Steps Taken to issued as Bering Sea Tanner (BST) QS comment period ended on May 5, 2006. Minimize the Significant Economic and BST PQS. For each share of BST QS No public comment were received on Impacts on Small Entities the IRFA. No changes were made to the held, a person will be issued one share The EA/RIR/FRFA prepared for this of eastern Bering Sea Tanner crab (EBT) final rule from the proposed rule. action analyzed a suite of three QS, and one share of western Bering Sea Need for and Objectives of This Action alternatives for harvesters, and a Tanner crab (WBT) QS. Similarly, for separate suite of three alternatives for each BST PQS held, a person will be The reasons for this action and the processors. Alternative 1 for harvesters issued one share of EBT PQS, and one objectives and legal basis for the rule are and processors, the no action share of WBT PQS. EBT QS and PQS discussed in the preamble to this rule alternative, would maintain the existing would result in IFQ and IPQ that could and are not repeated here. inconsistency between Federal be used for the Tanner crab fishery allocations supporting a single Tanner occurring east of 166° W. longitude; Number and Description of Small crab fishery and State management of WBT QS and PQS would result in IFQ Entities Affected by the Rule and IPQ that could be used for the two stocks of Tanner crab. For Tanner crab fishery occurring west of The FRFA contains a description and harvesters, the difference in effects of 166° W. longitude. This reissuance of estimate of the number of directly the revised allocation alternatives on the Tanner crab QS and PQS will not affected small entities. Estimates of the social and economic environment is increase the number of initially issued number of small harvesting entities primarily distributional. Under the Tanner crab quota holders. Tanner crab under the Program are complicated by preferred harvester alternative QS and PQS holders will receive IFQ several factors.