Rules and Regulations. Temporary rule; inseason quota transfer

870 words·~4 min read·/register/2007/11/05/07-5468

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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 061109296-7009-02] RIN 0648-XD65 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. SUMMARY: NMFS announces that the Commonwealth of Virginia is transferring commercial bluefish quota to the State of New York from its 2007 quota.

By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. DATES: Effective November 2, 2007 through December 31, 2007. FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist,

(978)281-9244, fax

(978)281-9135. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.160. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.160(f). The Regional Administrator is required to consider the criteria set forth in § 648.160(f)(1) in the evaluation of requests for quota transfers or combinations. Virginia has agreed to transfer 200,000 lb (90,718 kg) of its 2007 commercial quota to New York. The Regional Administrator has determined that the criteria set forth in § 648.160(f)(1) have been met. The revised bluefish quotas for calendar year 2007 are: New York, 1,234,278 lb (559,859 kg); and Virginia, 668,660 lb (303,299 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: October 30, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7-21717 Filed 11-2-07; 8:45 am] BILLING CODE 3510-22-S 72 213 Monday, November 5, 2007 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 51 [Docket No. AMS-FV-2007-0008; FV-06-310] United States Standards for Grades of Florida Avocados AGENCY: Agricultural Marketing Service, USDA. ACTION: Advance notice on proposed rulemaking; withdrawal. SUMMARY: The Agricultural Marketing Service

(AMS)is withdrawing an advance notice of proposed rulemaking soliciting comments on possible revisions to the voluntary United States Standards for Grades of Florida Avocados. After reviewing and considering the comments received, the agency has decided not to proceed further with this action. DATES: The advance notice of proposed rulemaking is withdrawn as of November 5, 2007. FOR FURTHER INFORMATION CONTACT: Vincent J. Fusaro, Standardization Section, Fresh Products Branch,

(202)720-2185. The United States Standards for Grades of Florida Avocados are available either through the address cited above or by accessing the Fresh Products Branch Web site at: *http://www.ams.usda.gov/standards/stanfrfv.htm* . Background AMS had identified the United States Standards for Grades of Florida Avocados for possible revisions. AMS solicited comments on possible revisions to the standards including deleting “Florida” to allow the standards to apply to all avocados. The standards were published on September 3, 1957. On March, 29, 2007, AMS published an advance notice of proposed rulemaking in the **Federal Register** (72 FR 14709), soliciting comments on a possible revision to the United States Standards for Grades of Florida Avocados. A request was received on behalf of a foreign government expressing the need for additional time to comment. Following a review of the request, AMS published a notice in the **Federal Register** (72 FR 38057), on July 12, 2007, extending the period for comment. During the initial sixty-day comment period, three opposing comments and one supporting comment were received. The three opposing comments were submitted by a foreign avocado committee, a company representing growers/packers, and a national trade association representing wholesale receivers. The opposing commenters stated that this revision would not be beneficial to their industry as Florida avocados have unique characteristics which differ significantly from other varieties specifically, the Hass variety. They held the view that the revision would directly affect the Florida Marketing Order (7 CFR Part 915) and imports of the Hass variety. The Hass variety of avocados is not regulated currently under the marketing order. During the extension of the comment period, four opposing comments were received by a foreign government, a foreign avocado committee, a grower/shipper of avocados, and another from an association of packers, producers, and exporters. All expressed concerns regarding the effect this proposed revision might have on the marketing order and import requirements and a comment raised concerns regarding the treatment of California avocados under the proposed standard. The comments are available by accessing the *http://www.regulations.gov* Web site. While deleting the word “Florida” from the title of the standard would not impact the marketing order and/or import requirements, AMS understands the views and concerns expressed by the avocado industry. After considering all of the comments received regarding the proposed revisions, AMS has decided not to proceed further with this action. Therefore, the advance notice of proposed rulemaking, published March 29, 2007 (72 FR 14709), is withdrawn. Authority: 7 U.S.C. 1621-1627. Dated: October 29, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 07-5468 Filed 11-2-07; 8:45 am]

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