List of Fisheries for 2005, 49901-49902 [05-16939]

Download as PDF Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Proposed Rules concerning its provisions or options for compliance, please contact Mr. Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard District, Bridge Branch, at (314) 539–3900, extension 2378. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Government Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have tribal implications under Executive VerDate jul<14>2003 15:46 Aug 24, 2005 Jkt 205001 49901 Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. List of Subjects in 33 CFR Part 117 Energy Effects PART 117—DRAWBRIDGE OPERATION REGULATIONS We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore this rule is categorically excluded under figure 2–1, paragraph 32(e) of the Instruction from further environmental documentation. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Bridges. Regulations For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05–1(g); section 117.255 also issued under the authority of Pub. L. 102–587, 106 Stat. 5039. 2. From 8 a.m., December 1, 2005 until 8 a.m., July 1, 2006, suspend section 117.949 and add a new section 117.T948 to read as follows: § 117.T948 Tennessee River. (a) The Chief John Ross Drawbridge, Mile 464.1, at Chattanooga, Tennessee need not open for river traffic and may be maintained in the closed-tonavigation position from 8 a.m., December 1, 2005 until 8 a.m., July 1, 2006. (b) The draw of the Southern Railway Bridge over the Tennessee River, mile 470.7, at Hixon, Tennessee, shall open on signal when the vertical clearance beneath the draw is 50 feet or less. When the vertical clearance beneath the draw is more than 50 feet, at least eight hours notice is required. When the operator of a vessel returning through the draw within four hours informs the drawtender of the probable time of return, the drawtender shall return one half hour before the time specified and promptly open the draw on signal for the vessel without further notice. If the vessel giving notice fails to arrive within one hour after the arrival time specified, whether upbound or downbound, a second eight hours notice is required. Clearance gages of a type acceptable to the Coast Guard shall be installed on both sides of each bridge. Dated: August 5, 2005. Kevin L. Marshall, Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting. [FR Doc. 05–16859 Filed 8–24–05; 8:45 am] BILLING CODE 4910–15–P E:\FR\FM\25AUP1.SGM 25AUP1 49902 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 041108310–5222–03; I.D. 100104H] RIN 0648–AS78 List of Fisheries for 2005 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; proposed rule; reopening of public comment period. AGENCY: SUMMARY: On December 2, 2004, the proposed List of Fisheries (LOF) for 2005 under the Marine Mammal Protection Act (MMPA) was published in the Federal Register. NMFS subsequently prepared a draft Environmental Assessment (EA) on the process for classifying U.S. commercial fisheries on the LOF. NMFS is reopening the comment period on the proposed 2005 LOF for an additional 60 days to allow the public to concurrently review and comment on both the draft EA and proposed 2005 LOF. DATES: Comments must be received by October 24, 2005. ADDRESSES: Send comments on the proposed 2005 LOF and draft EA to Chief, Marine Mammal Conservation Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments may also be sent via email to 2005LOF.comments@noaa.gov or the Federal eRulemaking portal: https://www.regulations.gov (Follow instructions for submitting comments). Comments regarding the burden-hour estimates, or any other aspect of the collection of information requirements VerDate jul<14>2003 16:51 Aug 24, 2005 Jkt 205001 contained in the proposed rule, should be submitted in writing to the Chief, Marine Mammal Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 and to David Rostker, OMB, by e-mail at DavidlRostker@omb.eop.gov or by fax to 202–395–7285. Copies of the draft EA for this action are available on the NMFS Office of Protected Resources website, which is listed under the Electronic Access portion of this document. FOR FURTHER INFORMATION CONTACT: Kristy Long, Office of Protected Resources, 301–713–2322; David Gouveia, Northeast Region, 978–281– 9300; Juan Levesque, Southeast Region, 727–551–5779; Cathy Campbell, Southwest Region, 562–980–4060; Brent Norberg, Northwest Region, 206–526– 6733; Bridget Mansfield, Alaska Region, 907–586–7642; Chris Yates, Pacific Islands Region, 808–944–2235. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access The proposed 2005 LOF Federal Register notice and draft EA for this action can be downloaded from the NMFS Office of Protected Resources website at https://www.nmfs.noaa.gov/ pr/interactions/lof/. Background On December 2, 2004, the proposed List of Fisheries for 2005 under the Marine Mammal Protection Act was published in the Federal Register (69 FR 70094). NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based on the level of serious injury and PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 mortality of marine mammals that occurs incidental to the fishery. NMFS must publish in the Federal Register any necessary changes to the LOF after notice and opportunity for public comment. In the proposed LOF for 2005, NMFS proposed several fishery classification, fishery name, and organizational changes. In particular, NMFS proposed to reclassify the California/Oregon thresher shark/ swordfish drift gillnet (≥14 in. mesh) from Category II (occasional incidental mortality and serious injury) to Category I (frequent incidental mortality and serious injury) and to reclassify the Northeast bottom trawl, Mid-Atlantic bottom trawl, and five Alaska fisheries from Category III (remote likelihood of or no known incidental mortality and serious injury) to Category II. The five Alaska fisheries include the following: Bering Sea and Aleutian Islands (BSAI) flatfish trawl, BSAI Greenland turbot longline, BSAI pollock trawl, Bering Sea sablefish pot, and Gulf of Alaska Pacific cod longline. NMFS extended the comment period on the proposed 2005 LOF for an additional 30 days (70 FR 776, January 5, 2005). In that Federal Register notice, NMFS also announced its intent to prepare an EA on the process for classifying fisheries on the LOF. NMFS is reopening the comment period on this proposed action to allow the public an opportunity to review and comment on the draft EA and supplement any previous comments on the proposed 2005 LOF. Therefore, NMFS is reopening the public comment period on the proposed LOF for 2005 for an additional 60 days. Dated: August 22, 2005. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 05–16939 Filed 8–24–05; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\25AUP1.SGM 25AUP1

Agencies

[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Proposed Rules]
[Pages 49901-49902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16939]



[[Page 49902]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 041108310-5222-03; I.D. 100104H]
RIN 0648-AS78


List of Fisheries for 2005

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; proposed rule; reopening of public 
comment period.

-----------------------------------------------------------------------

SUMMARY: On December 2, 2004, the proposed List of Fisheries (LOF) for 
2005 under the Marine Mammal Protection Act (MMPA) was published in the 
Federal Register. NMFS subsequently prepared a draft Environmental 
Assessment (EA) on the process for classifying U.S. commercial 
fisheries on the LOF. NMFS is reopening the comment period on the 
proposed 2005 LOF for an additional 60 days to allow the public to 
concurrently review and comment on both the draft EA and proposed 2005 
LOF.

DATES: Comments must be received by October 24, 2005.

ADDRESSES: Send comments on the proposed 2005 LOF and draft EA to 
Chief, Marine Mammal Conservation Division, Attn: List of Fisheries, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910. Comments may also be sent via email to 
2005LOF.comments@noaa.gov or the Federal eRulemaking portal: https://
www.regulations.gov (Follow instructions for submitting comments).
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in the proposed 
rule, should be submitted in writing to the Chief, Marine Mammal 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910 and to David Rostker, OMB, by e-
mail at David--Rostker@omb.eop.gov or by fax to 202-395-7285.
    Copies of the draft EA for this action are available on the NMFS 
Office of Protected Resources website, which is listed under the 
Electronic Access portion of this document.

FOR FURTHER INFORMATION CONTACT: Kristy Long, Office of Protected 
Resources, 301-713-2322; David Gouveia, Northeast Region, 978-281-9300; 
Juan Levesque, Southeast Region, 727-551-5779; Cathy Campbell, 
Southwest Region, 562-980-4060; Brent Norberg, Northwest Region, 206-
526-6733; Bridget Mansfield, Alaska Region, 907-586-7642; Chris Yates, 
Pacific Islands Region, 808-944-2235. Individuals who use a 
telecommunications device for the hearing impaired may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The proposed 2005 LOF Federal Register notice and draft EA for this 
action can be downloaded from the NMFS Office of Protected Resources 
website at https://www.nmfs.noaa.gov/pr/interactions/lof/.

Background

    On December 2, 2004, the proposed List of Fisheries for 2005 under 
the Marine Mammal Protection Act was published in the Federal Register 
(69 FR 70094). NMFS must categorize each commercial fishery on the LOF 
into one of three categories under the MMPA based on the level of 
serious injury and mortality of marine mammals that occurs incidental 
to the fishery. NMFS must publish in the Federal Register any necessary 
changes to the LOF after notice and opportunity for public comment. In 
the proposed LOF for 2005, NMFS proposed several fishery 
classification, fishery name, and organizational changes. In 
particular, NMFS proposed to reclassify the California/Oregon thresher 
shark/swordfish drift gillnet ([gteqt]14 in. mesh) from Category II 
(occasional incidental mortality and serious injury) to Category I 
(frequent incidental mortality and serious injury) and to reclassify 
the Northeast bottom trawl, Mid-Atlantic bottom trawl, and five Alaska 
fisheries from Category III (remote likelihood of or no known 
incidental mortality and serious injury) to Category II. The five 
Alaska fisheries include the following: Bering Sea and Aleutian Islands 
(BSAI) flatfish trawl, BSAI Greenland turbot longline, BSAI pollock 
trawl, Bering Sea sablefish pot, and Gulf of Alaska Pacific cod 
longline.
    NMFS extended the comment period on the proposed 2005 LOF for an 
additional 30 days (70 FR 776, January 5, 2005). In that Federal 
Register notice, NMFS also announced its intent to prepare an EA on the 
process for classifying fisheries on the LOF. NMFS is reopening the 
comment period on this proposed action to allow the public an 
opportunity to review and comment on the draft EA and supplement any 
previous comments on the proposed 2005 LOF. Therefore, NMFS is 
reopening the public comment period on the proposed LOF for 2005 for an 
additional 60 days.

    Dated: August 22, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 05-16939 Filed 8-24-05; 8:45 am]
BILLING CODE 3510-22-S