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29886 Federal Register / Vol. 72, No.

103 / Wednesday, May 30, 2007 / Rules and Regulations

This deviation from the operating On May 8, 2007, Radio Broadcasters 1 List of Subjects in 37 CFR Part 380
regulations is authorized under 33 CFR requested the Judges to clarify whether Copyright, Sound recordings.
117.35. the appropriate ATH usage rate
Dated: May 18, 2007. calculation option available for the Final Regulation
transition period of 2006 and 2007 was
Waverly W. Gregory, Jr. ■ For the reasons set forth in the
inadvertently misstated because the
Chief, Bridge Administration Branch, Fifth preamble, 37 CFR part 380 is amended
incorrect starting point was identified
Coast Guard District. as follows:
for the ‘‘prior fees’’ row for non music-
[FR Doc. E7–10276 Filed 5–29–07; 8:45 am]
programming (i.e., $0.0008 instead of PART 380—RATES AND TERMS FOR
BILLING CODE 4910–15–P
$0.000762). None of the other parties in CERTAIN ELIGIBLE
the proceeding filed any pleading about NONSUBSCRIPTION TRANSMISSIONS,
the request. The Judges considered the NEW SUBSCRIPTION SERVICES AND
LIBRARY OF CONGRESS Radio Broadcasters’ request under their THE MAKING OF EPHEMERAL
authority in section 803(c)(4) of the REPRODUCTIONS
Copyright Royalty Board Copyright Act, title 17 of the United
States Code, which authorizes them to ■ 1. The authority citation for part 380
37 CFR Part 380 correct ‘‘any technical or clerical errors continues to read as follows:
in the determination * * * that would Authority: 17 U.S.C. 112(e), 114(f).
[Docket No. 2005–1 CRB DTRA] frustrate the proper implementation of
the determination’’ and requires them to § 380.3 [Amended]
Digital Performance Right in Sound distribute to the participants of the ■ 2. Section 380.3 is amended as
Recordings and Ephemeral proceeding such correction and to follows:
Recordings publish the correction in the Federal ■ a. In paragraph (a)(1)(ii), by removing
Register. ‘‘$0.0008’’ and adding ‘‘$0.000762’’ in
AGENCY: Copyright Royalty Board, After full consideration of the Radio its place, by removing ‘‘$0.0011’’ and
Library of Congress. Broadcasters’ request, the Judges adding ‘‘$0.0008’’ in its place, and by
ACTION: Final rule: technical concluded that such clerical error removing ‘‘$0.0014’’ and adding
amendment. indeed had been made. Consequently, ‘‘$0.0011’’ in its place; and
in accordance with 17 U.S.C. 804(c)(4), ■ b. In paragraph (a)(2)(iii), by removing
SUMMARY: The Copyright Royalty the Judges issued an order to the ‘‘$0.0008’’ and adding ‘‘$0.000762’’ in
Judges, on behalf of the Copyright participants in the proceeding its place, by removing ‘‘$0.0011’’ and
Royalty Board of the Library of acknowledging the clerical error and adding ‘‘$0.0008’’ in its place, and by
Congress, are making a technical setting forth the corrected ATH usage removing ‘‘$0.0014’’ and adding
amendment in the regulation regarding rate calculation option available for ‘‘$0.0011’’ in its place.
the royalty fees for the public non-music programming for the 2006–
performance of sound recordings and Dated: May 23, 2007.
2007 transition period. See Order
for ephemeral recordings under two Regarding Broadcasters’ Request for James Scott Sledge,
statutory licenses to clarify the Clarification of the Final Determination Chief Copyright Royalty Judge.
appropriate Aggregate Tuning Hour of Rates and Terms, Docket No. 2005– [FR Doc. E7–10366 Filed 5–29–07; 8:45 am]
usage rate calculation option for the 1 CRB DTRA (May 21, 2007). BILLING CODE 1410–72–P
transition period of 2006 and 2007 for Moreover, as further required by 17
non-music programming. U.S.C. 803(c)(4), the Judges today are
EFFECTIVE DATE: May 30, 2007. amending §§ 380.3(a)(1)(ii) and (a)(2)(iii) ENVIRONMENTAL PROTECTION
FOR FURTHER INFORMATION CONTACT: to reflect, as set forth in the May 21 AGENCY
Richard Strasser, Senior Attorney, or Order, the correct ATH usage rate
Gina Giuffreda, Attorney Advisor. calculation option available for non- 40 CFR Part 52
Telephone: (202) 707–7658. Telefax: music programming for the transition [EPA–R09–OAR–2007–0236; FRL–8315–9]
(202) 252–3423. period 2006–2007, which is as follows:
SUPPLEMENTARY INFORMATION: On May 1, Revisions to the California State
NON-MUSIC PROGRAMMING Implementation Plan, San Joaquin
2007, the Copyright Royalty Judges
(‘‘Judges’’) announced their final Valley Unified Air Pollution Control
Prior Fees ................. $0.000762 per ATH. District
determination of the rates and terms for 2006 .......................... $0.0008 per ATH.
two statutory licenses, permitting 2007 .......................... $0.0011 per ATH. AGENCY: Environmental Protection
certain digital performances of sound Agency (EPA).
recordings and the making of ephemeral This correction also applies to ACTION: Direct final rule.
recordings, for the period beginning footnotes 33 and 55 in Sections
January 1, 2006, and ending on IV.C.1.d.i. and IV.D.1., respectively, of SUMMARY: EPA is taking direct final
December 31, 2010. 72 FR 24084 (May the Final Determination. action to approve revisions to the San
1, 2007). The Final Determination Because this amendment is being Joaquin Valley Unified Air Pollution
included a transition phase for 2006 and made simply for the purpose of Control District (SJVUAPCD) portion of
2007 to use Aggregate Tuning Hours correcting a clerical error, the Judges the California State Implementation
(‘‘ATH’’) to estimate usage as permitted find that there is good cause to make it Plan (SIP). These revisions concern
under the prior fee regime in order to effective immediately.
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Oxides of Nitrogen (NOX) emissions


facilitate a smooth transition to the fee from Boilers, Steam Generators and
structure adopted in the Final 1 Radio Broadcasters include Bonneville
Process Heaters (2.0 MMBtu/hr to 5.0
Determination. 72 FR 24086. Such ATH International Corp., Clear Channel
Communications, Inc., Susquehanna Radio Corp.,
MMBtu/hr, and 0.075 MMBtu/hr to 2.0
usage rate calculation options are set and The National Religious Broadcasters Music MMBtu/hr); Dryers, Dehydrators, and
forth in § 380.3(a). License Committee (‘‘NRBMLC’’). Ovens; Natural Gas-Fired, Fan-Type

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 29887

Residential Central Furnaces; and Solid Confidential Business Information (CBI) appointment during normal business
Fuel Fired Boilers, Steam Generators or other information whose disclosure is hours with the contact listed in the FOR
and Process Heaters. We are approving restricted by statute. Information that FURTHER INFORMATION CONTACT section.
local rules that regulate these emission you consider CBI or otherwise protected FOR FURTHER INFORMATION CONTACT:
sources under the Clean Air Act as should be clearly identified as such and
Francisco Dóñez, EPA Region IX, (415)
amended in 1990 (CAA or the Act). should not be submitted through the
972–3956, Donez.Francisco@epa.gov.
DATES: This rule is effective on July 30, http://www.regulations.gov or e-mail
2007 without further notice, unless EPA http://www.regulations.gov is an SUPPLEMENTARY INFORMATION:
receives adverse comments by June 29, ‘‘anonymous access’’ system, and EPA Throughout this document, ‘‘we,’’ ‘‘us’’
2007. If we receive such comments, we will not know your identity or contact and ‘‘our’’ refer to EPA.
will publish a timely withdrawal in the information unless you provide it in the Table of Contents
Federal Register to notify the public body of your comment. If you send e-
I. The State’s Submittal
that this direct final rule will not take mail directly to EPA, your e-mail A. What rules did the State submit?
effect. address will be automatically captured B. Are there other versions of these rules?
ADDRESSES: Submit comments, and included as part of the public C. What is the purpose of the submitted
identified by docket number EPA–R09– comment. If EPA cannot read your rules and rule revisions?
OAR–2007–0236, by one of the comment due to technical difficulties II. EPA’s Evaluation and Action
following methods: and cannot contact you for clarification, A. How is EPA evaluating the rules?
1. Federal eRulemaking Portal: http:// EPA may not be able to consider your B. Do the rules meet the evaluation
comment. criteria?
www.regulations.gov. Follow the on-line
Docket: The index to the docket for C. EPA recommendations to further
instructions. improve the rules
2. E-mail: steckel.andrew@epa.gov. this action is available electronically at
D. Public comment and final action
3. Mail or deliver: Andrew Steckel http://www.regulations.gov and in hard III. Statutory and Executive Order Reviews
(Air–4), U.S. Environmental Protection copy at EPA Region IX, 75 Hawthorne
Agency Region IX, 75 Hawthorne Street, Street, San Francisco, California. While I. The State’s Submittal
San Francisco, CA 94105–3901. all documents in the docket are listed in A. What rules did the State submit?
Instructions: All comments will be the index, some information may be
included in the public docket without publicly available only at the hard copy Table 1 lists the rules we are
change and may be made available location (e.g., copyrighted material), and approving with the dates that they were
online at http://www.regulations.gov, some may not be publicly available in adopted by the local air agencies and
including any personal information either location (e.g., CBI). To inspect the submitted by the California Air
provided, unless the comment includes hard copy materials, please schedule an Resources Board (CARB).

TABLE 1.—SUBMITTED RULES


Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ................................ 4307 Boilers, Steam Generators and Process Heaters—2.0 MMBtu/hr 04/20/06 10/05/06
to 5.0 MMBtu/hr.
SJVUAPCD ................................ 4308 Boilers, Steam Generators and Process Heaters—0.075 MMBtu/ 10/20/05 03/10/06
hr to 2.0 MMBtu/hr.
SJVUAPCD ................................ 4309 Dryers, Dehydrators, and Ovens .................................................... 12/15/05 03/10/06
SJVUAPCD ................................ 4352 Solid Fuel Fired Boilers, Steam Generators and Process Heaters 05/18/06 10/05/06
SJVUAPCD ................................ 4905 Natural Gas-Fired, Fan-Type Residential Central Furnaces .......... 10/20/05 03/10/06

On March 30, 2006, the submittals of them to us on October 5, 2006. While (CO) emissions from dryers, dehydrators
Rules 4308, 4309, and 4905 were found we can act on only the most recently and ovens with total rated heat input of
to meet the completeness criteria in 40 submitted version, we have reviewed 5.0 MMBtu/hr or greater. The
CFR Part 51 Appendix V, which must be materials provided with previous amendments to Rule 4352 expand the
met before formal EPA review. On submittals. rule’s scope to apply to units with
October 24, 2006, the submittals of potential NOX emissions of 10 tons per
C. What is the purpose of the submitted year; the emissions limits have also
Rules 4307 and 4352 were found to
rules and rule revisions? been strengthened. New Rule 4905
meet these completeness criteria.
NOX helps produce ground-level limits NOX emissions from natural gas-
B. Are there other versions of these fired, fan-type residential central
rules? ozone, smog and particulate matter,
which harm human health and the furnaces with a rated heat input
Rules 4308, 4309, and 4905 are new environment. Section 110(a) of the CAA capacity of less than 175,000 Btu/hr, or
rules submitted to us for the first time. requires states to submit regulations that a rated cooling capacity of less than
There are no previous versions of Rule control NOX emissions. The 65,000 Btu/hr for combination heating
4307 in the SIP, although the amendments to Rule 4307 are purely and cooling units. EPA’s technical
SJVUAPCD adopted an earlier version of administrative, and do no change any support documents (TSD) have more
this rule on December 15, 2005, and emissions reduction requirements. New information about these rules.
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CARB submitted it to us on March 10, Rule 4308 requires that small boilers, II. EPA’s Evaluation and Action
2006. We approved a version of Rule steam generators and process heaters
4352 into the SIP on February 11, 1999 (0.075 to 2.0 million British thermal A. How is EPA evaluating the rules?
(64 FR 6803). The SJVUAPCD adopted units per hour, MMBtu/hr) be certified Generally, SIP rules must be
revisions to the SIP-approved version on to meet NOX emission limits. New Rule enforceable (see section 110(a) of the
May 18, 2006 and CARB submitted 4309 limits NOX and carbon monoxide Act), must require Reasonably Available

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29888 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations

Control Technology (RACT) for each C. EPA Recommendations to Further significantly or uniquely affect small
category of sources covered by a Control Improve the Rules governments, as described in the
Technique Guideline (CTG) document The TSDs describe additional rule Unfunded Mandates Reform Act of 1995
as well as each major source in revisions that do not affect EPA(s (Pub. L. 104–4).
nonattainment areas (see sections This rule also does not have tribal
current action but are recommended for
182(a)(2) and 182(f)), and must not relax implications because it will not have a
the next time the local agency modifies
existing requirements (see sections substantial direct effect on one or more
the rules.
110(l) and 193). The SJVUAPCD Indian tribes, on the relationship
regulates a ‘‘serious’’ ozone D. Public Comment and Final Action between the Federal Government and
nonattainment area (see 40 CFR part 81), Indian tribes, or on the distribution of
As authorized in section 110(k)(3) of
so Rules 4307, 4308, 4309, 4352, and power and responsibilities between the
the Act, EPA is fully approving the
4905 must fulfill RACT. In addition, the Federal Government and Indian tribes,
submitted rules because we believe they
San Joaquin Valley is a ‘‘serious’’ as specified by Executive Order 13175
fulfill all relevant requirements. We do
particulate matter (PM–10) (65 FR 67249, November 9, 2000). This
not think anyone will object to this
nonattainment area, and is therefore action also does not have Federalism
approval, so we are finalizing it without
required under section 189(b)(1)(B) and implications because it does not have
proposing it in advance. However, in
(e) of the Act to implement Best substantial direct effects on the States,
the Proposed Rules section of this
Available Control Measures (BACM) on the relationship between the national
Federal Register, we are simultaneously government and the States, or on the
(which includes Best Available Control proposing approval of the same
Technology or BACT) for control of PM– distribution of power and
submitted rules. If we receive adverse responsibilities among the various
10 precursor emissions, including NOX. comments by June 29, 2007, we will levels of government, as specified in
Guidance and policy documents that publish a timely withdrawal in the Executive Order 13132 (64 FR 43255,
we use to help evaluate enforceability Federal Register to notify the public August 10, 1999). This action merely
and RACT requirements consistently that the direct final approval will not approves a state rule implementing a
include the following: take effect and we will address the Federal standard, and does not alter the
1. ‘‘State Implementation Plans; comments in a subsequent final action relationship or the distribution of power
Nitrogen Oxides Supplement to the based on the proposal. If we do not and responsibilities established in the
General Preamble; Clean Air Act receive timely adverse comments, the Clean Air Act. This rule also is not
Amendments of 1990 Implementation of direct final approval will be effective subject to Executive Order 13045
Title I; Proposed Rule,’’ (the NOX without further notice on July 30, 2007. ‘‘Protection of Children from
Supplement), 57 FR 55620, November This will incorporate these rules into Environmental Health Risks and Safety
25, 1992. the federally enforceable SIP. Risks’’ (62 FR 19885, April 23, 1997),
Please note that if EPA receives because it approves a state rule
2. ‘‘Issues Relating to VOC Regulation adverse comment on an amendment,
Cutpoints, Deficiencies, and implementing a Federal standard.
paragraph, or section of this rule and if In reviewing SIP submissions, EPA’s
Deviations,’’ U.S. EPA, May 25, 1988 that provision may be severed from the
(the Bluebook). role is to approve state choices,
remainder of the rule, EPA may adopt provided that they meet the criteria of
3. ‘‘Guidance Document for Correcting as final those provisions of the rule that the Clean Air Act. In this context, in the
Common VOC & Other Rule are not the subject of an adverse absence of a prior existing requirement
Deficiencies,’’ U.S. EPA Region 9, comment. for the State to use voluntary consensus
August 21, 2001 (the Little Bluebook). standards (VCS), EPA has no authority
III. Statutory and Executive Order
4. ‘‘Determination of Reasonably Reviews to disapprove a SIP submission for
Available Control Technology and Best failure to use VCS. It would thus be
Available Retrofit Control Technology Under Executive Order 12866 (58 FR inconsistent with applicable law for
for Industrial, Institutional, and 51735, October 4, 1993), this action is EPA, when it reviews a SIP submission;
Commercial Boilers, Steam Generators, not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission
and Process Heaters,’’ California Air therefore is not subject to review by the that otherwise satisfies the provisions of
Resources Board, July 18, 1991. Office of Management and Budget. For the Clean Air Act. Thus, the
this reason, this action is also not requirements of section 12(d) of the
5. ‘‘Alternative Control Techniques
subject to Executive Order 13211, National Technology Transfer and
Document—NOX Emissions from
‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C.
Industrial/Commercial/Institutional
Significantly Affect Energy Supply, 272 note) do not apply. This rule does
(ICI) Boilers,’’ U.S. EPA, EPA–453/R–
Distribution, or Use’’ (66 FR 28355, May not impose an information collection
94–022, March 1994.
22, 2001). This action merely approves burden under the provisions of the
6. ‘‘State Implementation Plans: state law as meeting Federal Paperwork Reduction Act of 1995 (44
Policy Regarding Excess Emissions requirements and imposes no additional U.S.C. 3501 et seq.).
during Malfunctions, Startup, and requirements beyond those imposed by The Congressional Review Act, 5
Shutdown,’’ U.S. EPA Memorandum to state law. Accordingly, the U.S.C. 801 et seq., as added by the Small
Regional Administrators, September 20, Administrator certifies that this rule Business Regulatory Enforcement
1999. will not have a significant economic Fairness Act of 1996, generally provides
B. Do the rules meet the evaluation impact on a substantial number of small that before a rule may take effect, the
criteria? entities under the Regulatory Flexibility agency promulgating the rule must
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Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a
We believe these rules are consistent rule approves pre-existing requirements copy of the rule, to each House of the
with the relevant policy and guidance under state law and does not impose Congress and to the Comptroller General
regarding enforceability, RACT, BACM, any additional enforceable duty beyond of the United States. EPA will submit a
and SIP relaxations. The TSDs have that required by state law, it does not report containing this rule and other
more information on our evaluation. contain any unfunded mandate or required information to the U.S. Senate,

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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations 29889

the U.S. House of Representatives, and (A) San Joaquin Valley Unified Air 20554, (800) 378–3160, or via the
the Comptroller General of the United Pollution Control District. company’s Web site, http://
States prior to publication of the rule in (1) Rule 4307, adopted on April 20, www.bcpiweb.com. The Commission
the Federal Register. A major rule 2006; and Rule 4352, adopted on May will send a copy of this Report and
cannot take effect until 60 days after it 18, 2006. Order in a report to be sent to Congress
is published in the Federal Register. * * * * * and the Government Accountability
This action is not a ‘‘major rule’’ as [FR Doc. E7–10236 Filed 5–29–07; 8:45 am] Office pursuant to the Congressional
defined by 5 U.S.C. 804(2). BILLING CODE 6560–50–P
Review Act, see 5 U.S.C. 801(a)(1)(A).
Under section 307(b)(1) of the Clean
List of Subjects in 47 CFR Part 73
Air Act, petitions for judicial review of
this action must be filed in the United Radio, Radio broadcasting.
FEDERAL COMMUNICATIONS
States Court of Appeals for the COMMISSION ■ As stated in the preamble, the Federal
appropriate circuit by July 30, 2007. Communications Commission amends
Filing a petition for reconsideration by 47 CFR Part 73 47 CFR part 73 as follows:
the Administrator of this final rule does
not affect the finality of this rule for the [DA 07–2040; MB Docket No. 05–143; RM– PART 73—RADIO BROADCAST
11221; RM–11286] SERVICES
purposes of judicial review nor does it
extend the time within which a petition Radio Broadcasting Services; Romney ■ 1. The authority citation for part 73
for judicial review may be filed, and and Wardensville, WV continues to read as follows:
shall not postpone the effectiveness of
such rule or action. This action may not AGENCY: Federal Communications Authority: 47 U.S.C. 154, 303, 334, 336.
be challenged later in proceedings to Commission. § 73.202 [Amended]
enforce its requirements. (See section ACTION: Final rule.
307(b)(2).) ■2. Section 73.202(b), the Table of FM
SUMMARY: The Audio Division, at the Allotments under West Virginia, is
List of Subjects in 40 CFR Part 52 request of Hardy County Broadcast amended by adding Wardensville,
Environmental protection, Air Associates, allots Channel 239A at Channel 239A.
pollution control, Incorporation by Wardensville, West Virginia, as the Federal Communications Commission.
reference, Intergovernmental relations, community’s first local FM service. John A. Karousos,
Nitrogen dioxide, Ozone, Particulate Channel 239A can be allotted to
Assistant Chief, Audio Division, Media
matter, Reporting and recordkeeping Wardensville, West Virginia, in Bureau.
requirements. compliance with the Commission’s
[FR Doc. E7–10360 Filed 5–29–07; 8:45 am]
minimum distance separation
Dated: April 30, 2007. BILLING CODE 6712–01–P
requirements with at city reference
Laura Yoshii, coordinates: 39–04–30 North Latitude
Acting Regional Administrator, Region IX. and 78–35–53 West Longitude. Because
Wardensville is located within the DEPARTMENT OF COMMERCE
■ Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as protected areas of the National Radio
National Oceanic and Atmospheric
follows: Astronomy Observatory ‘‘Quiet Zone’’ at
Administration
Green Bank, West Virginia, the
PART 52—[AMENDED] successful applicant for Channel 239A
50 CFR Part 648
at Wardensville will be required to
■ 1. The authority citation for part 52 comply with the notification [Docket No. 061213334–6334–01; I.D.
continues to read as follows: requirement of Section 73.1030(a) of the 120806B]
Authority: 42 U.S.C. 7401 et seq. Commission’s rules, 47 CFR 73.1030(a). RIN 0648–AV05
DATES: Effective June 25, 2007.
Subpart F—California ADDRESSES: Federal Communications Fisheries of the Northeastern United
Commission, 445 12th Street, SW., States; Atlantic Sea Scallop Fishery;
■ 2. Section 52.220 is amended by
Washington, DC 20554. Interim Rule Extension
adding paragraphs (c)(344)(i)(C) and
(347) to read as follows: FOR FURTHER INFORMATION CONTACT: AGENCY: National Marine Fisheries
Deborah Dupont, Media Bureau, (202) Service (NMFS), National Oceanic and
§ 52.220 Identification of plan. 418–2180. Atmospheric Administration (NOAA),
* * * * * SUPPLEMENTARY INFORMATION: This is a Commerce.
(c) * * * synopsis of the Commission’s Report ACTION: Temporary rule; interim rule
(344) * * * and Order, MB Docket No. 05–143, extension.
(i) * * * adopted May 9, 2007, and released May
(C) San Joaquin Valley Unified Air 11, 2007. The full text of this SUMMARY: This action extends interim
Quality Management District. Commission decision is available for measures that were implemented by the
(1) Rule 4308, adopted on October 20, inspection and copying during normal National Marine Fisheries Service
2005; Rule 4309, adopted on December business hours in the FCC Reference (NMFS) on December 22, 2006, to
15, 2005; and Rule 4905, adopted on Information Center, Portals II, 445 12th reduce the potential for overfishing the
October 20, 2005. Street, SW., Room CY–A257, Atlantic sea scallop (scallop) resource
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* * * * * Washington, DC 20554. The complete and causing excessive scallop mortality


(347) New and amended regulations text of this decision also may be resulting from deck loading by reducing
for the following APCDs were submitted purchased from the Commission’s the number of limited access and
on October 5, 2006, by the Governor’s duplicating contractor, Best Copy and general category scallop trips to the
designee. Printing, Inc., 445 12th Street, SW., Elephant Trunk Access Area (ETAA),
(i) Incorporation by reference. Room CY–B402, Washington, DC, and prohibiting the retention of more

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