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12148 Federal Register / Vol. 71, No.

46 / Thursday, March 9, 2006 / Rules and Regulations

by a Federal agency unless the voluntary consensus standards bodies DEPARTMENT OF COMMERCE
collection displays a valid OMB control include the American Society for
number. This rule does not establish Testing and Materials (ASTM), the National Oceanic and Atmospheric
any new information collection Society of Automotive Engineers (SAE), Administration
requirements. and the American National Standards
Institute (ANSI). If NHTSA does not use 50 CFR Part 622
H. Regulation Identifier Number (RIN)
available and potentially applicable [Docket No. 001005281-0369-02; I.D.
The Department of Transportation
voluntary consensus standards, we are 011106A]
assigns a regulation identifier number
(RIN) to each regulatory action listed in required by the Act to provide Congress,
through OMB, an explanation of the Fisheries of the Caribbean, Gulf of
the Unified Agenda of Federal Mexico, and South Atlantic; Coastal
Regulations. The Regulatory Information reasons for not using such standards.
Migratory Pelagic Resources of the
Service Center publishes the Unified The agency is not aware of any new Gulf of Mexico and South Atlantic;
Agenda in April and October of each voluntary consensus standards Closure
year. You may use the RIN contained in addressing the changes made to the
the heading at the beginning of this December 2004 final rule as a result of AGENCY: National Marine Fisheries
document to find this action in the this final rule. Service (NMFS), National Oceanic and
Unified Agenda. Atmospheric Administration (NOAA),
List of Subjects in 49 CFR Part 571 Commerce.
I. Plain Language
ACTION: Temporary rule; closure.
Executive Order 12866 requires each Imports, Incorporation by reference,
agency to write all rules in plain Motor vehicle safety, Motor vehicles, SUMMARY: NMFS closes the commercial
language. This final rule will not and Tires. run-around gillnet fishery for king
significantly impact the complexity of In consideration of the foregoing, 49 mackerel in the exclusive economic
FMVSS 202. CFR part 571 is amended as follows: zone (EEZ) in the southern Florida west
coast subzone. This closure is necessary
J. Executive Order 13045
PART 571—FEDERAL MOTOR to protect the Gulf king mackerel
Executive Order 13045 applies to any resource.
VEHICLE SAFETY STANDARDS
rule that: (1) Is determined to be
economically significant as defined DATES: The closure is effective 6 a.m.,
under E.O. 12866, and (2) concerns an ■ 1. The authority citation for part 571 local time, March 7, 2006, through 6
environmental, health or safety risk that of title 49 continues to read as follows: a.m., January 16, 2007.
NHTSA has reason to believe may have FOR FURTHER INFORMATION CONTACT:
Authority: 49 U.S.C. 322, 30111, 30115,
a disproportionate effect on children. If 30117, and 30166; delegation of authority at Steve Branstetter, telephone: 727–824–
the regulatory action meets both criteria, 49 CFR 1.50. 5305, fax: 727–824–5308, e-mail:
we must evaluate the environmental Steve.Branstetter@noaa.gov.
health or safety effects of the planned ■ 2. Section 571.202a is amended by
SUPPLEMENTARY INFORMATION: The
rule on children, and explain why the revising S4.1 to read as follows: fishery for coastal migratory pelagic fish
planned regulation is preferable to other § 571.202a Standard No. 202a; Head (king mackerel, Spanish mackerel, cero,
potentially effective and reasonably restraints. cobia, little tunny, and, in the Gulf of
feasible alternatives considered by us. Mexico only, dolphin and bluefish) is
This rulemaking does not involve * * * * *
managed under the Fishery
decisions based on health risks that S4.1 Performance levels. In each Management Plan for the Coastal
disproportionately affect children. vehicle other than a school bus, a head Migratory Pelagic Resources of the Gulf
K. National Technology Transfer and restraint that conforms to either S4.2 or of Mexico and South Atlantic (FMP).
Advancement Act S4.3 of this section must be provided at The FMP was prepared by the Gulf of
each front outboard designated seating Mexico and South Atlantic Fishery
Section 12(d) of the National position. In each vehicle manufactured Management Councils (Councils) and is
Technology Transfer and Advancement after September 1, 2010 and equipped implemented under the authority of the
Act (NTTAA) requires NHTSA to Magnuson-Stevens Fishery
with rear outboard head restraints, the
evaluate and use existing voluntary Conservation and Management Act
rear head restraint must conform to
consensus standards 9 in its regulatory (Magnuson-Stevens Act) by regulations
either S4.2 or S4.3 of this section. In
activities unless doing so would be at 50 CFR part 622.
inconsistent with applicable law (e.g., each school bus, a head restraint that
conforms to either S4.2 or S4.3 of this Based on the Councils’ recommended
the statutory provisions regarding total allowable catch and the allocation
NHTSA’s vehicle safety authority) or section must be provided for the driver’s
seating position. At each designated ratios in the FMP, on April 30, 2001 (66
otherwise impractical. In meeting that FR 17368, March 30, 2001), NMFS
requirement, we are required to consult seating position incapable of seating a
50th percentile male Hybrid III test implemented a commercial quota of
with voluntary, private sector, 2.25 million lb (1.02 million kg) for the
consensus standards bodies. Examples dummy specified in 49 CFR part 572,
eastern zone (Florida) of the Gulf
of organizations generally regarded as subpart E, the applicable head restraint
migratory group of king mackerel. That
must conform to S4.2 of this section.
9 Voluntary consensus standards are technical
quota is further divided into separate
* * * * * quotas for the Florida east coast subzone
standards developed or adopted by voluntary
and the northern and southern Florida
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consensus standards bodies. Technical standards Issued on: March 1, 2006.


are defined by the NHTSA as ‘‘a performance-based
Stephen R. Kratzke, west coast subzones. On April 27, 2000,
or design specific technical specifications and NMFS implemented the final rule (65
related management systems practices. They pertain Associate Administrator for Rulemaking.
to products and processes, such as size, strength, or
FR 16336, March 28, 2000) that divided
[FR Doc. 06–2108 Filed 3–8–06; 8:45 am] the Florida west coast subzone of the
technical performance of a product, process or
material.’’ BILLING CODE 4910–59–P eastern zone into northern and southern

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Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations 12149

subzones, and established their separate of 25°20.4′ N. lat. (a line directly east forth at 5 U.S.C. 553(b)(B), as such prior
quotas. The quota implemented for the from the Miami-Dade County, FL, notice and opportunity for public
southern Florida west coast subzone is boundary). The Florida west coast comment is unnecessary and contrary to
1,040,625 lb (472,020 kg). That quota is subzone is further divided into northern the public interest. Such procedures
further divided into two equal quotas of and southern subzones. The southern would be unnecessary because the rule
520,312 lb (236,010 kg) for vessels in subzone is that part of the Florida west itself already has been subject to notice
each of two groups fishing with run- coast subzone that from November 1 and comment, and all that remains is to
around gillnets and hook-and-line gear through March 31 extends south and notify the public of the closure.
(50 CFR 622.42(c)(1)(i)(A)(2)(i)). west from 25°20.4′ N. lat. to 26°19.8′ N. Allowing prior notice and opportunity
Under 50 CFR 622.43(a)(3), NMFS is lat.(a line directly west from the Lee/ for public comment is contrary to the
required to close any segment of the Collier County, FL, boundary), i.e., the public interest because of the need to
king mackerel commercial fishery when area off Collier and Monroe Counties. immediately implement this action in
its quota has been reached, or is From April 1 through October 31, the order to protect the fishery, because the
projected to be reached, by filing a southern subzone is that part of the capacity of the fishing fleet allows for
notification at the Office of the Federal Florida west coast subzone that is rapid harvest of the quota. Prior notice
Register. NMFS has determined that the between 26°19.8′ N. lat. and 25°48′ N. and opportunity for public comment
commercial quota of 520,312 lb (236,010 lat.(a line directly west from the will require time and would potentially
kg) for Gulf group king mackerel for Monroe/Collier County, FL, boundary), result in a harvest well in excess of the
vessels using run-around gillnet gear in i.e., the area off Collier County. established quota.
the southern Florida west coast subzone For the aforementioned reasons, the
Classification
has been reached. Accordingly, the AA also finds good cause to waive the
commercial fishery for king mackerel for This action is required by 50 CFR 30-day delay in effectiveness of this
such vessels in the southern Florida 622.43(a) and is exempt from review action under 5 U.S.C. 553(d)(3).
west coast subzone is closed at 6 a.m., under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq.
local time, March 7, 2006, through 6 This action responds to the best
a.m., January 16, 2007, the beginning of available information recently obtained Dated: March 6, 2006.
the next fishing season, i.e., the day from the fishery. The Assistant Alan D. Risenhoover,
after the 2007 Martin Luther King Jr. Administrator for Fisheries, NOAA, Acting Director, Office of Sustainable
Federal holiday. (AA), finds good cause to waive prior Fisheries, National Marine Fisheries Service.
The Florida west coast subzone is that notice and an opportunity for public [FR Doc. 06–2254 Filed 3–6–06; 3:18 pm]
part of the eastern zone south and west comment pursuant to the authority set BILLING CODE 3510–22–S
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