Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Commercial Haddock Harvest, 23939-23940 [05-9125]
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Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations
with our February 16, 2005
interpretation.
This amendment is a technical one,
and it does not impose or relax any
substantive requirements or burdens on
manufacturers. Therefore, NHTSA finds
good cause that any notice and
opportunity for comment on this
technical amendment is not necessary.
Rulemaking Analyses and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This technical amendment has not
been reviewed under Executive Order
12866. The technical amendment is not
‘‘significant’’ within the meaning of the
Department of Transportation’s
regulatory policies and procedures. As
discussed above, this is a technical
amendment, and it will not result in any
substantive impact.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (95
U.S.C. § 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996)
provides that no regulatory flexibility
analysis is required if the head of an
agency certifies the rule will not have a
significant economic impact on a
substantial number of small entities.
SEBRFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide a statement of the
factual basis for certifying that a rule
will not have a significant economic
impact on a substantial number of small
entities.
NHTSA has considered the effects of
this technical amendment under the
Regulatory Flexibility Act. I hereby
certify that it will not have a significant
economic impact on a substantial
number of small entities. Accordingly,
the agency has not prepared a final
regulatory flexibility analysis for this
technical amendment. NHTSA makes
these statements on the basis that, as a
technical amendment that corrects or
clarifies existing regulatory provisions,
this rule will not impose any significant
costs on anyone. The costs of the
underlying rule were analyzed at the
time of its initial issuing as a final rule.
Therefore, it has not been necessary for
NHTSA to conduct a regulatory
evaluation or Regulatory Flexibility
Analysis for this technical amendment.
At the time that the final rule for 49
CFR Part 565 was issued, we explained
that the part did not impose any new
costs or provide any savings. It was
simply a migration of the agency’s VIN
requirements from FMVSS No. 115 to 49
CFR Part 565. We explained that this
will ‘‘make it easier for motor vehicle
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09:53 May 05, 2005
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manufacturers, many of which are small
businesses, to understand and apply the
agency’s requirements for vehicle
identification numbers. For these
reasons, small businesses, small
governmental organizations, and small
organizations that purchase motor
vehicles or rely on VINs for other
recordkeeping or administrative matters,
will not be affected by the rule.’’
C. National Environmental Policy Act
NHTSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action will not have any significant
impact on the quality of the human
environment.
D. Executive Order 12612 (Federalism)
NHTSA has analyzed this rulemaking
action under the principles and criteria
in Executive Order 12612. The agency
has determined that this technical
amendment does not have sufficient
Federalism implications to warrant the
preparation of a Federalism Assessment.
No State laws will be affected.
E. Executive Order 12988 (Civil Justice
Reform)
Executive Order 12988 requires that
agencies review proposed regulations
and legislation and adhere to the
following general requirements: (1) The
agency’s proposed legislation and
regulations shall be reviewed by the
agency to eliminate drafting errors and
ambiguity; (2) The agency’s proposed
legislation and regulations shall be
written to minimize litigation; and (3)
The agency’s proposed legislation and
regulations shall provide a clear legal
standard for affected conduct rather
than a general standard, and shall
promote simplification and burden
reduction.
When promulgating a regulation,
Executive Order 12988, specifically
requires that the agency must make
every reasonable effort to ensure that the
regulation, as appropriate: (1) Specifies
in clear language the preemptive effect;
(2) specifies in clear language the effect
on existing Federal law or regulation,
including all provisions repealed,
circumscribed, displaced, impaired, or
modified; (3) provides a clear legal
standard for affected conduct rather
than a general standard, while
promoting simplification and burden
reduction; (4) specifies in clear language
the retroactive effect; (5) specifies
whether administrative proceedings are
to be required before parties may file
suit in court; (6) explicitly or implicitly
defines key terms; and (7) addresses
other important issues affecting clarity
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23939
and general draftsmanship of
regulations.
NHTSA has reviewed this technical
amendment according to the general
requirements and the specific
requirements for regulations set forth in
Executive Order 12988. This technical
amendment simply clarifies the
definition of the term ‘‘model year’’ in
49 CFR Part 565. This change does not
result in any preemptive effect and does
not have a retroactive effect. A petition
for reconsideration or other
administrative proceeding is not
required before parties may file suit in
court.
List of Subjects in 49 CFR Part 565
Motor vehicle safety, Reporting and
recordkeeping requirements.
I For the reasons stated above, NHTSA
amends 49 CFR part 565 as follows:
PART 565—VEHICLE IDENTIFICATION
NUMBER REQUIREMENTS
1. The authority citation continues to
read as follows:
I
Authority: 49 U.S.C. 322, 30111, 30115,
30117, 30141, 30146, 30166, and 30168;
delegation of authority at 49 CFR 1.50.
2. Section 565.3 is amended by
revising paragraph (j) to read as follows:
I
§ 565.3
Definitions.
*
*
*
*
*
(j) Model Year means the year used to
designate a discrete vehicle model,
irrespective of the calendar year in
which the vehicle was actually
produced, provided that the production
period does not exceed 24 months.
*
*
*
*
*
Issued: May 3, 2005.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. 05–9140 Filed 5–5–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 000407096–0096–01 ; I.D.
050205A]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Commercial Haddock Harvest
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\06MYR1.SGM
06MYR1
23940
ACTION:
Federal Register / Vol. 70, No. 87 / Friday, May 6, 2005 / Rules and Regulations
Removal of haddock trip limits.
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), is eliminating
the daily and maximum haddock trip
limits for the groundfish fishery for the
remainder of the 2005 fishing year,
through April 30, 2006. Accordingly,
there is no trip limit on the amount of
haddock that can be harvested or landed
for the rest of the fishing year for vessels
subject to these regulations. The
Regional Administrator has projected
that less than 75 percent of the haddock
target total allowable catch (TAC) will
be harvested for the 2005 fishing year
under the restrictive daily possession
and trip limits. This action is intended
to allow fishermen to catch the haddock
TAC, without exceeding the TAC.
DATES: Effective May 3, 2005, through
April 30, 2006.
FOR FURTHER INFORMATION CONTACT:
Thomas Warren, Fishery Policy Analyst,
phone (978) 281–9347, fax (978) 281–
9135, e-mail
Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION:
Framework Adjustment 33 to the
Northeast (NE) Multispecies Fishery
Management Plan (FMP), which became
effective May 1, 2000, implemented the
current haddock trip limit regulations
(65 FR 21658). To ensure that haddock
landings do not exceed the appropriate
target TAC, Framework 33 established a
haddock trip limit of 3,000 lb (1,360.8
kg) per NE multispecies day-at-sea
(DAS) and a maximum trip limit of
30,000 lb (13,608 kg) of haddock for the
period May 1 through September 30;
and 5,000 lb (2,268 kg) of haddock per
DAS and 50,000 lb (22,680 kg) per trip
from October 1 through April 30.
Framework 33 also implemented a
mechanism to adjust the haddock trip
limit based upon the percentage of TAC
that is projected to be harvested. Section
648.86(a)(1)(iii)(B) specifies that, if the
Regional Administrator projects that
less than 75 percent of the haddock
target TAC will be harvested in the
fishing year, the trip limit may be
adjusted or eliminated. Further, the
regulations require that NMFS publish
notification in the Federal Register
informing the public of the date of any
change to the trip limit.
The Supplemental Environmental
Impact Statement (SEIS) prepared for
Amendment 13 to the FMP
(Amendment 13) estimated the total
target TAC for the Gulf of Maine (GOM)
and Georges Bank (GB) haddock stocks
for the 2005 fishing year at 32,427 mt
(71,487,267 lb), including both U.S. and
Canadian landings. The Canadian quota
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09:53 May 05, 2005
Jkt 205001
for eastern GB haddock was set at
15,410 mt (33,972,270 lb). Therefore, the
U.S. portion of the total target TAC for
haddock for the 2005 fishing year is the
difference between the entire haddock
target TAC and the Canadian TAC, or
17,017 mt (37,514,997 lb). This amount
includes the target TAC for the GOM
and GB haddock stocks, as well as a
haddock TAC of 7,590 mt (16,732,610
lb) specific to the Eastern U.S./Canada
Area.
Based on recent historical fishing
practices and preliminary landings data,
the Regional Administrator has
projected that less than 75 percent of the
haddock target TAC for the 2005 fishing
year (17,017 mt) will be harvested by
April 30, 2006, under the restrictive
daily possession and trip limits.
Furthermore, this projection indicates
that eliminating the daily and maximum
trip limits for haddock would not likely
precipitate haddock landings reaching
the Eastern U.S./Canada Area haddock
TAC of 7,590 mt. The Regional
Administrator has therefore determined
that eliminating the 3,000–lb (1,360.8–
kg) and 5,000–lb (2,268–kg) daily
haddock possession limits as well as the
associated 30,000–lb (13,608–kg) and
50,000–lb (22,680–kg) per trip
possession limits for May 1 through
September 30, 2005, and October 1,
2005, through April 30, 2006,
respectively, will increase the
likelihood that at least 75 percent of the
target TAC will be harvested for the
2005 fishing year. In order to prevent
the TAC from being exceeded, the
Regional Administrator will continue to
monitor haddock landings and adjust
the trip limit through publication of a
notification in the Federal Register,
pursuant to § 648.86(a)(1)(iii), if
necessary.
Classification
The Assistant Administrator for
Fisheries, NOAA, finds good cause to
waive the requirement to provide prior
notice and opportunity for public
comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such
requirement is impracticable and
contrary to the public interest in this
instance. To further delay the
elimination of the haddock trip limits is
contrary to the public interest because it
would unnecessarily result in wasteful
discards and prevent the haddock
fishery from achieving optimum yield.
Moreover, the public had opportunity to
comment on the adjustment of haddock
trip limits and its consequences at the
time the trip limits were implemented.
This action relieves a restriction by
eliminating unnecessary daily and
maximum trip limits for haddock for the
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Fmt 4700
Sfmt 4700
remainder of the 2005 fishing year.
These limits were implemented to
prevent the target TAC for haddock from
being exceeded. The target TAC for
haddock has not been exceeded since
1996. Eliminating these restrictions will
allow the fishing industry to harvest at
least 75 percent of the target TAC for
haddock during the 2005 fishing year.
Further, eliminating these restrictions
will allow vessels to possess and land
haddock in excess of the daily and
maximum trip limits, thereby
preventing biological waste and
providing an opportunity to offset some
of the adverse economic impacts
resulting from the implementation of
Amendment 13. Therefore, because this
rule relieves a restriction pursuant to 5
U.S.C. 553(d)(1) of the Administrative
Procedure Act, the Assistant
Administrator for Fisheries, NOAA,
waives the 30–day delay in effectiveness
date for this final rule. This action is
required by 50 CFR part 648 and is
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–9125 Filed 5–3–05; 2:24 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333–5040–02; I.D.
050305C]
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Closure.
SUMMARY: NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the second seasonal apportionment of
the 2005 Pacific halibut bycatch
allowance specified for the deep-water
species fishery in the GOA has been
reached.
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 70, Number 87 (Friday, May 6, 2005)]
[Rules and Regulations]
[Pages 23939-23940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9125]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 000407096-0096-01 ; I.D. 050205A]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Commercial Haddock
Harvest
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 23940]]
ACTION: Removal of haddock trip limits.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator), is eliminating the daily and maximum haddock
trip limits for the groundfish fishery for the remainder of the 2005
fishing year, through April 30, 2006. Accordingly, there is no trip
limit on the amount of haddock that can be harvested or landed for the
rest of the fishing year for vessels subject to these regulations. The
Regional Administrator has projected that less than 75 percent of the
haddock target total allowable catch (TAC) will be harvested for the
2005 fishing year under the restrictive daily possession and trip
limits. This action is intended to allow fishermen to catch the haddock
TAC, without exceeding the TAC.
DATES: Effective May 3, 2005, through April 30, 2006.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
phone (978) 281-9347, fax (978) 281-9135, e-mail
Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: Framework Adjustment 33 to the Northeast
(NE) Multispecies Fishery Management Plan (FMP), which became effective
May 1, 2000, implemented the current haddock trip limit regulations (65
FR 21658). To ensure that haddock landings do not exceed the
appropriate target TAC, Framework 33 established a haddock trip limit
of 3,000 lb (1,360.8 kg) per NE multispecies day-at-sea (DAS) and a
maximum trip limit of 30,000 lb (13,608 kg) of haddock for the period
May 1 through September 30; and 5,000 lb (2,268 kg) of haddock per DAS
and 50,000 lb (22,680 kg) per trip from October 1 through April 30.
Framework 33 also implemented a mechanism to adjust the haddock trip
limit based upon the percentage of TAC that is projected to be
harvested. Section 648.86(a)(1)(iii)(B) specifies that, if the Regional
Administrator projects that less than 75 percent of the haddock target
TAC will be harvested in the fishing year, the trip limit may be
adjusted or eliminated. Further, the regulations require that NMFS
publish notification in the Federal Register informing the public of
the date of any change to the trip limit.
The Supplemental Environmental Impact Statement (SEIS) prepared for
Amendment 13 to the FMP (Amendment 13) estimated the total target TAC
for the Gulf of Maine (GOM) and Georges Bank (GB) haddock stocks for
the 2005 fishing year at 32,427 mt (71,487,267 lb), including both U.S.
and Canadian landings. The Canadian quota for eastern GB haddock was
set at 15,410 mt (33,972,270 lb). Therefore, the U.S. portion of the
total target TAC for haddock for the 2005 fishing year is the
difference between the entire haddock target TAC and the Canadian TAC,
or 17,017 mt (37,514,997 lb). This amount includes the target TAC for
the GOM and GB haddock stocks, as well as a haddock TAC of 7,590 mt
(16,732,610 lb) specific to the Eastern U.S./Canada Area.
Based on recent historical fishing practices and preliminary
landings data, the Regional Administrator has projected that less than
75 percent of the haddock target TAC for the 2005 fishing year (17,017
mt) will be harvested by April 30, 2006, under the restrictive daily
possession and trip limits. Furthermore, this projection indicates that
eliminating the daily and maximum trip limits for haddock would not
likely precipitate haddock landings reaching the Eastern U.S./Canada
Area haddock TAC of 7,590 mt. The Regional Administrator has therefore
determined that eliminating the 3,000-lb (1,360.8-kg) and 5,000-lb
(2,268-kg) daily haddock possession limits as well as the associated
30,000-lb (13,608-kg) and 50,000-lb (22,680-kg) per trip possession
limits for May 1 through September 30, 2005, and October 1, 2005,
through April 30, 2006, respectively, will increase the likelihood that
at least 75 percent of the target TAC will be harvested for the 2005
fishing year. In order to prevent the TAC from being exceeded, the
Regional Administrator will continue to monitor haddock landings and
adjust the trip limit through publication of a notification in the
Federal Register, pursuant to Sec. 648.86(a)(1)(iii), if necessary.
Classification
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement to provide prior notice and opportunity for
public comment pursuant to the authority set forth at 5 U.S.C.
553(b)(B) as such requirement is impracticable and contrary to the
public interest in this instance. To further delay the elimination of
the haddock trip limits is contrary to the public interest because it
would unnecessarily result in wasteful discards and prevent the haddock
fishery from achieving optimum yield. Moreover, the public had
opportunity to comment on the adjustment of haddock trip limits and its
consequences at the time the trip limits were implemented.
This action relieves a restriction by eliminating unnecessary daily
and maximum trip limits for haddock for the remainder of the 2005
fishing year. These limits were implemented to prevent the target TAC
for haddock from being exceeded. The target TAC for haddock has not
been exceeded since 1996. Eliminating these restrictions will allow the
fishing industry to harvest at least 75 percent of the target TAC for
haddock during the 2005 fishing year. Further, eliminating these
restrictions will allow vessels to possess and land haddock in excess
of the daily and maximum trip limits, thereby preventing biological
waste and providing an opportunity to offset some of the adverse
economic impacts resulting from the implementation of Amendment 13.
Therefore, because this rule relieves a restriction pursuant to 5
U.S.C. 553(d)(1) of the Administrative Procedure Act, the Assistant
Administrator for Fisheries, NOAA, waives the 30-day delay in
effectiveness date for this final rule. This action is required by 50
CFR part 648 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-9125 Filed 5-3-05; 2:24 pm]
BILLING CODE 3510-22-S
