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Federal Register / Vol. 72, No.

35 / Thursday, February 22, 2007 / Notices 7955

requirements of the Regulatory the Government of Mexico established FOR FURTHER INFORMATION CONTACT:
Flexibility Act (5 USC 601 et seq.) are Rules of Procedure for Article 1904 Gretchen Arentzen or Becky Renko at
inapplicable. Therefore, a regulatory Binational Panel Reviews (‘‘Rules’’). (206)526 6140.
flexibility analysis is not required and These Rules were published in the SUPPLEMENTARY INFORMATION: This
has not been prepared. Federal Register on February 23, 1994 action is authorized by the Magnuson-
Dated: February 15, 2007. (59 FR 8686). The panel review in this Stevens Fishery Conservation and
R. Matthew Priest, matter was requested and terminated Management Act provisions at 50 CFR
Deputy Assistant Secretary for Textiles and
pursuant to these Rules. 600.745, which state that EFPs may be
Apparel. Dated: February 15, 2007. used to authorize fishing activities that
[FR Doc. 07–794 Filed 2–16–07; 2:26 pm] Caratina L. Alston, would otherwise be prohibited. At the
BILLING CODE 3510–DS United States Secretary, NAFTA Secretariat. November 2006 Pacific Fishery
[FR Doc. E7–2903 Filed 2–21–07; 8:45 am]
Management Council (Council) meeting
in Del Mar, California, NMFS received
BILLING CODE 3510–GT–P
DEPARTMENT OF COMMERCE an application for these EFPs from the
States of Washington, Oregon, and
International Trade Administration California. An opportunity for public
DEPARTMENT OF COMMERCE
testimony was provided during the
North American Free Trade Agreement Council meeting. The Council
National Oceanic and Atmospheric
(NAFTA), Article 1904 Binational Panel recommended that NMFS issue the
Administration
Reviews: Notice of Termination of EFPs, as requested by the States, and
Panel Review forwarded the EFP applications to
[I.D. 021507C]
AGENCY: NAFTA Secretariat, United NMFS.
States Section, International Trade Fisheries Off West Coast States and in Each year since 1992, EFPs have been
Administration, Department of the Western Pacific; Pacific Coast issued to vessels in the Pacific whiting
Commerce. Groundfish Fishery; Application for an shoreside fishery to allow unsorted
ACTION: Notice of Consent Motion To Exempted Fishing Permit catch to be landed. Without an EFP,
Terminate the Panel Review of the final groundfish regulations at 50 CFR
antidumping duty determination and AGENCY: National Marine Fisheries 660.306(a) require vessels to sort their
order made by the International Trade Service (NMFS), National Oceanic and catch at sea. The vessels fishing under
Commission, respecting Purified Atmospheric Administration (NOAA), the EFPs are required to deliver catch to
Carboxymethylcellulose (‘‘CMC’’) from Commerce. designated processors. EFPs have been
Mexico, Secretariat File No. USA–MEX– ACTION: Notice; receipt of an exempted used to: track the incidental take of
2005–1904–05. fishing permit application (EFP); intent Chinook salmon as required in the
to issue the EFP; request for comments. Endangered Species Act (ESA) Section 7
SUMMARY: Pursuant to the Notice of Biological Opinion for Chinook salmon
Consent Motion To Terminate the Panel SUMMARY: NMFS announces the receipt catch in the Pacific whiting fishery; and
Review by the complainants, the panel of an exempted fishing permit (EFP) to track the catch of whiting and other
review is terminated as of February 13, application, and the intent to issue EFPs groundfish species such that the fishing
2007. A panel has not been appointed for vessels participating in an industry is not unnecessarily
to this panel review. Pursuant to Rule observation program to monitor the constrained and that the OYs, harvest
71(2) of the Rules of Procedure for incidental take of salmon and guidelines, sector allocation and
Article 1904 Binational Panel Review, groundfish in the shore-based overfished species bycatch limits are not
this panel review is terminated. component of the Pacific whiting exceeded.
FOR FURTHER INFORMATION CONTACT: fishery. The EFPs are necessary to allow Over the past five years, the number
Caratina L. Alston, United States trawl vessels fishing for Pacific whiting of vessels issued these EFPs has been
Secretary, NAFTA Secretariat, Suite to delay sorting their catch, and thus to between 31 and 38 vessels. Issuance of
2061, 14th and Constitution Avenue, retain prohibited species and groundfish the 2007 EFPs, to approximately 40
Washington, DC 20230, (202) 482–5438. in excess of cumulative trip limits until vessels, will allow samplers located at
SUPPLEMENTARY INFORMATION: Chapter the point of offloading. These activities the shoreside processing facilities to
19 of the North American Free-Trade are otherwise prohibited by Federal collect information on the incidental
Agreement (‘‘Agreement’’) establishes a regulations. The EFPs will be effective catch of salmon and groundfish in
mechanism to replace domestic judicial no earlier than April 1, 2007, and would unsorted whiting deliveries. Unlike the
review of final determinations in expire no later than December 31, 2007, at-sea sectors of the Pacific whiting
antidumping and countervailing duty but could be terminated earlier under fishery, where catch is sorted and
cases involving imports from a NAFTA the terms and conditions of the EFPs processed shortly after it has been taken,
country with review by independent and other applicable laws. vessels in the shoreside fishery must
binational panels. When a Request for hold primary season Pacific whiting on
DATES:Comments must be received by the vessel for several hours or days until
Panel Review is filed, a panel is
March 9, 2007. it can be offloaded at a shoreside
established to act in place of national
courts to review expeditiously the final ADDRESSES: Send comments or request processor. Pacific whiting deteriorates
determination to determine whether it for copies of the EFP application to rapidly, so it must be handled quickly
conforms with the antidumping or Gretchen Arentzen, Northwest Region, and immediately chilled to maintain
countervailing duty law of the country NMFS, 7600 Sand Point Way N.E., Bldg. product quality. This is particularly true
rwilkins on PROD1PC63 with NOTICES

that made the determination. 1, Seattle, WA 98115 0070 or email if the Pacific whiting is to be used to
Under Article 1904 of the Agreement, EFPwhiting2007.nwr@noaa.gov. make surimi (a fish paste product). The
which came into force on January 1, Comments sent via email, including all quality or grade of surimi is highly
1994, the Government of the United attachments, must not exceed a 10 dependent on the freshness of the
States, the Government of Canada and megabyte file size. Pacific whiting, which demands careful

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7956 Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices

handling and immediate cooling or vessels will have requirements as FOR FURTHER INFORMATION ON-
processing for the fishery to be similar as possible to the proposed LINE:
economically feasible. Because rapid Federal regulations. In addition, NMFS http://web.ita.doc.gov/tacgi/
cooling can retard flesh deterioration, intends to implement, through notice CaftaReqTrack.nsf. Reference number:
most vessels prefer to dump their and comment rulemaking, temporary 17.2007.01.16.Fabric.Sandler,Travis&
unsorted catch directly below deck into processor regulations for 2007. That RosenbergforLidoIndustries.
the refrigerated salt water tanks. action is intended to address catch
However, dumping the unsorted catch SUPPLEMENTARY INFORMATION:
accounting difficulties that occurred
into the refrigerated salt water tanks during the 2006 Pacific whiting Authority: Section 203(o)(4) of the
precludes the immediate sorting or shoreside fishery and to improve the Dominican Republic-Central America-United
sampling of the catch. As a primary agency’s ability to monitor the States Free Trade Agreement Implementation
season fishery, fishers prefer to quickly Act (CAFTA-DR Act); the Statement of
attainment of allocations, bycatch Administrative Action (SAA), accompanying
and efficiently handle the catch so they limits, and prohibited species take. The the CAFTA-DR Act; Presidential
can return to port for offloading. proposed action defines requirements Proclamations 7987 (February 28, 2006) and
In 2004, 2005, and 2006, NMFS for recordkeeping, reporting, catch 7996 (March 31, 2006).
provided electronic monitoring systems sorting, and weighing that apply to
to catcher vessels fishing under the BACKGROUND:
individuals who receive, buy, or accept
whiting EFP as part of a pilot study to Pacific whiting from a vessel using The CAFTA-DR Agreement provides a
evaluate if these systems would be midwater trawl gear during the primary list in Annex 3.25 for fabrics, yarns, and
useful tools to verify retention and/or season for the shore-based sector. NMFS fibers that the Parties to the CAFTA-DR
document discard at sea. Based on the anticipates publishing shortly a Agreement have determined are not
results from the 2004, 2005, and 2006 proposed rule to implement this action available in commercial quantities in a
pilot studies, NMFS has determined that in the Federal Register. timely manner in the territory of any
an EFP is an effective tool for Party. The CAFTA-DR Agreement
monitoring maximized retention in the Authority: 16 U.S.C. 1801 et seq.
provides that this list may be modified
whiting fishery. Dated: February 15, 2007. pursuant to Article 3.25(4)-(5), when the
In addition to providing information James P. Burgess, President of the United States
that will be used to monitor the Acting Director, Office of Sustainable determines that a fabric, yarn, or fiber is
attainment of the shore-based whiting Fisheries, National Marine Fisheries Service. not available in commercial quantities
allocation, information gathered through [FR Doc. E7–2963 Filed 2–21–07; 8:45 am] in a timely manner in the territory of
these EFPs is expected to be used in a BILLING CODE 3510–22–S any Party. See Annex 3.25, Note; see
future rulemaking. The Council also section 203(o)(4)(C) of the Act.
recommended using EFPs only until a The CAFTA-DR Act requires the
permanent monitoring program can be President to establish procedures
developed and implemented. For 2008, COMMITTEE FOR THE governing the submission of a request
NMFS intends to implement, through IMPLEMENTATION OF TEXTILE and providing opportunity for interested
federal regulation, a monitoring program AGREEMENTS entities to submit comments and
for the shore-based Pacific whiting fleet. supporting evidence before a
At its September 2006 meeting, the Determination under the Textile and commercial availability determination is
Pacific Council was provided with a Apparel Commercial Availability made. In Presidential Proclamations
joint agency report on whiting fishery Provision of the Dominican Republic- 7987 and 7996, the President delegated
monitoring and management, and Central America-United States Free to CITA the authority under section
subsequently provided guidance to Trade Agreement (CAFTA–DR 203(o)(4) of CAFTA-DR Act for
NMFS on development of draft Agreement) modifying the Annex 3.25 list. On
alternatives for the monitoring program. February 23, 2006, CITA published
Based on information learned during the February 15, 2007. interim procedures it would follow in
2004, 2005 and 2006 EFPs, guidance AGENCY: Committee for the considering requests to modify the
from the Pacific Council, and Implementation of Textile Agreements Annex 3.25 list (71 FR 9315).
informational meetings between Federal (CITA). On January 16, 2007, the Chairman of
and state agencies and industry ACTION: Determination to add a product CITA received a request from Sandler,
members, NMFS developed a draft set of in unrestricted quantities to Annex 3.25 Travis & Rosenberg, P.A., on behalf of
monitoring program alternatives and of the CAFTA-DR Agreement Lido Industries, for certain two-way
accompanying draft regulations to be stretch woven fabric of polyester/rayon/
implemented in the 2008 fishery. These SUMMARY: The Committee for the spandex, of the specifications detailed
draft alternatives and regulations were Implementation of Textile Agreements below. On January 18, 2007, CITA
presented to the Pacific Council at their (CITA) has determined that certain two- notified interested parties of, and posted
November 2006 meeting. An way stretch woven fabric of polyester/ on its website, the accepted petition and
opportunity for public testimony was rayon/spandex, as specified below, are requested that interested entities
provided during the Council meeting. not available in commercial quantities provide, by January 30, 2007, a response
NMFS will complete the EA and in a timely manner in the CAFTA-DR advising of its objection to the request
provide a final draft to the Council in region. The product will be added to the or its ability to supply the subject
April 2007, at which time the Council list in Annex 3.25 of the CAFTA-DR in product, and rebuttals to responses by
will take final action on the proposed unrestricted quantities. February 5, 2007.
alternatives. NMFS will then publish No interested entity filed a response
rwilkins on PROD1PC63 with NOTICES

the proposed rule prior to the start date EFFECTIVE DATE: February 22, 2007.
advising of its objection to the request
of the 2008 shore-based primary Pacific FOR FURTHER INFORMATION CONTACT: or its ability to supply the subject
whiting season. Given this timeline, Richard Stetson, Office of Textiles and product.
2007 will serve as a transition year, in Apparel, U.S. Department of Commerce, In accordance with Section 203(o)(4)
which the EFPs issued to participating (202) 482 2582. of the CAFTA-DR Act, and its

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