Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 53101-53102 [05-17712]

Download as PDF Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations Monitoring System Malfunction’’ Telltale in Table 1 of Standard No. 101 (49 CFR 571.101); (3) Continues to illuminate the TPMS malfunction telltale under the conditions specified in S4.4(a) for as long as the malfunction exists, whenever the ignition locking system is in the ‘‘On’’ (‘‘Run’’) position; and * * * * * (c) Combination low tire pressure/ TPMS malfunction telltale * * * * * * * * (2) When the ignition locking system is activated to the ‘‘On’’ (‘‘Run’’) position, flashes for a period of at least 60 seconds but no longer than 90 seconds upon detection of any condition(s) specified in S4.4(a). After this period of prescribed flashing, the telltale must remain continuously illuminated as long as a malfunction exists and the ignition locking system is in the ‘‘On’’ (‘‘Run’’) position. This flashing and illumination sequence must be repeated each time the ignition locking system is placed in the ‘‘On’’ (‘‘Run’’) position until the situation(s) causing the malfunction(s) has (have) been corrected. S4.5 Written instructions. (a) Beginning on September 1, 2006, the owner’s manual in each vehicle certified as complying with S4 must provide an image of the Low Tire Pressure Telltale symbol (and an image of the TPMS Malfunction Telltale warning (‘‘TPMS’’), if a dedicated telltale is utilized for this function) with the following statement in English: * * * * * * * * S6 Test procedures. * * * * * (e) Stop the vehicle and deflate any combination of one to four tires until the deflated tire(s) is (are) at 7 kPa (1 psi) below the inflation pressure at which the tire pressure monitoring system is required to illuminate the low tire pressure warning telltale. * * * * * (k) Simulate one or more TPMS malfunction(s) by disconnecting the power source to any TPMS component, disconnecting any electrical connection between TPMS components, or installing a tire or wheel on the vehicle that is incompatible with the TPMS. When simulating a TPMS malfunction, the electrical connections for the telltale lamps are not to be disconnected. * * * * * VerDate Aug<18>2005 15:01 Sep 06, 2005 Jkt 205001 PART 585—PHASE-IN REPORTING REQUIREMENTS 3. The authority citation for Part 585 of Title 49 continues to read as follows: I Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; delegation of authority at 49 CFR 1.50. 4. Part 585 is amended by revising 585.66(b)(1) and (2) of Subpart G as follows: I Subpart G—Tire Pressure Monitoring System Phase-in Reporting Requirements * * § 585.66 * * Reporting requirements. * * * * (b) Report content. (1) Basis for statement of compliance. Each manufacturer must provide the number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, except those vehicles with dual wheels on an axle, manufactured for sale in the United States for each reporting period as follows: (i) Period from October 5, 2005 to August 31, 2006. The number shall be either the manufacturer’s average annual production of vehicles manufactured on or after September 1, 2002, and before October 5, 2005, or, at the manufacturer’s option, it shall be the manufacturer’s production on or after October 5, 2005 and before September 1, 2006. A new manufacturer that has not previously manufactured these vehicles for sale in the United States must report the number of such vehicles manufactured during the production period on or after October 5, 2005 and before September 1, 2006. (ii) Period from September 1, 2006 to August 31, 2007. The number shall be either the manufacturer’s average annual production of vehicles manufactured on or after September 1, 2003, and before September 1, 2006, or, at the manufacturer’s option, it shall be the manufacturer’s production on or after September 1, 2006 and before September 1, 2007. A new manufacturer that has not previously manufactured these vehicles for sale in the United States must report the number of such vehicles manufactured during the production period on or after September 1, 2006 and before September 1, 2007. (2) Production. Each manufacturer must report for the production period for which the report is filed: the total number of passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of Frm 00059 Fmt 4700 4,536 kilograms (10,000 pounds) or less that meet Standard No. 138 (49 CFR 571.138). * * * * * Issued: August 31, 2005. Jeffrey W. Runge, Administrator. [FR Doc. 05–17661 Filed 9–1–05; 10:32 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration * * PO 00000 53101 Sfmt 4700 50 CFR Part 679 [Docket No. 041126332–5039–02; I.D. 082305C] Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closures and openings. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with gears other than jig in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Atka mackerel in these areas. NMFS is also announcing the opening and closure dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to prevent exceeding the HLA limits established for the Central (area 542) and Western (area 543) Aleutian Districts pursuant to the 2005 Atka mackerel TAC. DATES: The effective dates are provided in Table 1 under the SUPPLEMENTARY INFORMATION section of this temporary action. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by SUPPLEMENTARY INFORMATION: E:\FR\FM\07SER1.SGM 07SER1 53102 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2005 TAC of Atka mackerel specified for other gear in the Eastern Aleutian District and the Bering Sea subarea was established as 6,868 metric tons (mt) by the 2005 and 2006 final harvest specifications for groundfish in the BSAI (70 FR 8979, February 24, 2005). See § 679.20(a)(8)(ii) and (c)(3)(iii). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 350 mt of the 2005 Atka mackerel TAC for other gear in the Eastern Aleutian District and the Bering Sea subarea will be necessary as incidental catch to support other anticipated groundfish fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 6,518 mt. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Atka mackerel TAC by vessels using other gear in the Eastern Aleutian District and the Bering Sea subarea. In accordance with § 679.20(a)(8)(iii)(C), the Regional Administrator is opening the first directed fisheries for Atka mackerel within the HLA in areas 542 and 543, 48 hours after the closure of the Eastern Aleutian District and the Bering Sea subarea Atka mackerel directed fishery. The Regional Administrator has established the opening date for the second HLA directed fisheries as 48 hours after the last closure of the first HLA fisheries in either 542 or 543. Consequently, NMFS is opening and closing directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the periods listed under Table 1 of this notice. TABLE 1. EFFECTIVE DATES AND TIMES Effective Dates* Action Area From To Closing Atka Mackerel with gears other than jig Eastern Aleutian District and the Bering Sea subarea 1200 hrs, September 2, 2005 2400 hrs, December 31, 2005 Opening the first directed fishery in the HLA 542 1200 hrs, September 4, 2005 1200 hrs, September 12, 2005 543 1200 hrs, September 4, 2005 1200 hrs, September 11, 2005 542 1200 hrs, September 14, 2005 1200 hrs, September 22, 2005 543 1200 hrs, September 14, 2005 1200 hrs, September 21, 2005 Opening the second directed fishery in the HLA *Alaska local time In accordance with § 679.20(a)(8)(iii), vessels using trawl gear for directed fishing for Atka mackerel have previously registered with NMFS to fish in the HLA fisheries in areas 542 and/ or 543. NMFS has randomly assigned each vessel to the directed fishery or fisheries for which they have registered. NMFS has notified each vessel owner as to which fishery each vessel has been assigned by NMFS. (70 FR 49197, August 23, 2005). In accordance with § 679.20(a)(8)(ii)(C)(1), the HLA limits of the 2005 TACs in areas 542 and 543 are 9,851 mt and 5,550 mt, respectively. Based on those limits and the proportion of the number of vessels in each fishery compared to the total number of vessels participating in the HLA directed fishery for area 542 or 543, the harvest limit for each HLA directed fishery in areas 542 and 543 are as follows: for the first directed fishery in area 542, 4,926 mt; for the first directed fishery in area 543, 2,775 mt; for the second directed fishery in area 542, 4,925 mt; and for the second directed fishery in area 543, 2,775 mt. In accordance with § 679.20(a)(8)(iii)(E), the Regional Administrator has VerDate Aug<18>2005 15:01 Sep 06, 2005 Jkt 205001 established the closure dates of the Atka mackerel directed fisheries in the HLA for areas 542 and 543 based on the amount of the harvest limit and the estimated fishing capacity of the vessels assigned to the respective fisheries. Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the dates and times listed in Table 1 of this notice. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA) 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) and 50 CFR 679.20(b)(3)(iii)(A) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the Atka mackerel fishery in PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 the Eastern Aleutian District and the Bering Sea subarea and the opening and closures of the fisheries for the HLA limits established for the area 542 and area 543 pursuant to the 2005 Atka mackerel TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 15, 2005. The AA also finds good cause to waive the 30day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 31, 2005. Emily Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–17712 Filed 9–1–05; 2:08 pm] BILLING CODE 3510–22–S E:\FR\FM\07SER1.SGM 07SER1

Agencies

[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Rules and Regulations]
[Pages 53101-53102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17712]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 041126332-5039-02; I.D. 082305C]


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closures and openings.

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

SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with 
gears other than jig in the Eastern Aleutian District and the Bering 
Sea subarea of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the 2005 total 
allowable catch (TAC) of Atka mackerel in these areas. NMFS is also 
announcing the opening and closure dates of the first and second 
directed fisheries within the harvest limit area (HLA) in Statistical 
Areas 542 and 543. These actions are necessary to prevent exceeding the 
HLA limits established for the Central (area 542) and Western (area 
543) Aleutian Districts pursuant to the 2005 Atka mackerel TAC.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act. Regulations governing fishing by

[[Page 53102]]

U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR 
part 600 and 50 CFR part 679.
    The 2005 TAC of Atka mackerel specified for other gear in the 
Eastern Aleutian District and the Bering Sea subarea was established as 
6,868 metric tons (mt) by the 2005 and 2006 final harvest 
specifications for groundfish in the BSAI (70 FR 8979, February 24, 
2005). See Sec.  679.20(a)(8)(ii) and (c)(3)(iii).
    In accordance with Sec.  679.20(d)(1)(i), the Administrator, Alaska 
Region, NMFS (Regional Administrator), has determined that 350 mt of 
the 2005 Atka mackerel TAC for other gear in the Eastern Aleutian 
District and the Bering Sea subarea will be necessary as incidental 
catch to support other anticipated groundfish fisheries. Therefore, the 
Regional Administrator is establishing a directed fishing allowance of 
6,518 mt. In accordance with Sec.  679.20(d)(1)(iii), the Regional 
Administrator finds that this directed fishing allowance has been 
reached. Consequently, NMFS is prohibiting directed fishing for Atka 
mackerel TAC by vessels using other gear in the Eastern Aleutian 
District and the Bering Sea subarea.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
Eastern Aleutian District and the Bering Sea subarea Atka mackerel 
directed fishery. The Regional Administrator has established the 
opening date for the second HLA directed fisheries as 48 hours after 
the last closure of the first HLA fisheries in either 542 or 543. 
Consequently, NMFS is opening and closing directed fishing for Atka 
mackerel in the HLA of areas 542 and 543 in accordance with the periods 
listed under Table 1 of this notice.

                   Table 1. Effective dates and times
------------------------------------------------------------------------
                                              Effective Dates\*\
      Action              Area       -----------------------------------
                                            From               To
------------------------------------------------------------------------
Closing Atka       Eastern Aleutian   1200 hrs,         2400 hrs,
 Mackerel with      District and the   September 2,      December 31,
 gears other than   Bering Sea         2005              2005
 jig                subarea
------------------------------------------------------------------------
Opening the first  542                1200 hrs,         1200 hrs,
 directed fishery                      September 4,      September 12,
 in the HLA                            2005              2005
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       September 4,      September 11,
                                       2005              2005
------------------------------------------------------------------------
Opening the        542                1200 hrs,         1200 hrs,
 second directed                       September 14,     September 22,
 fishery in the                        2005              2005
 HLA
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       September 14,     September 21,
                                       2005              2005
------------------------------------------------------------------------
\*\Alaska local time

    In accordance with Sec.  679.20(a)(8)(iii), vessels using trawl 
gear for directed fishing for Atka mackerel have previously registered 
with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS 
has randomly assigned each vessel to the directed fishery or fisheries 
for which they have registered. NMFS has notified each vessel owner as 
to which fishery each vessel has been assigned by NMFS. (70 FR 49197, 
August 23, 2005).
    In accordance with Sec.  679.20(a)(8)(ii)(C)(1), the HLA limits of 
the 2005 TACs in areas 542 and 543 are 9,851 mt and 5,550 mt, 
respectively. Based on those limits and the proportion of the number of 
vessels in each fishery compared to the total number of vessels 
participating in the HLA directed fishery for area 542 or 543, the 
harvest limit for each HLA directed fishery in areas 542 and 543 are as 
follows: for the first directed fishery in area 542, 4,926 mt; for the 
first directed fishery in area 543, 2,775 mt; for the second directed 
fishery in area 542, 4,925 mt; and for the second directed fishery in 
area 543, 2,775 mt. In accordance with Sec.  679.20(a)(8)(iii)(E), the 
Regional Administrator has established the closure dates of the Atka 
mackerel directed fisheries in the HLA for areas 542 and 543 based on 
the amount of the harvest limit and the estimated fishing capacity of 
the vessels assigned to the respective fisheries. Consequently, NMFS is 
prohibiting directed fishing for Atka mackerel in the HLA of areas 542 
and 543 in accordance with the dates and times listed in Table 1 of 
this notice.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA) 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) and 50 CFR 679.20(b)(3)(iii)(A) as such a 
requirement is impracticable and contrary to the public interest. This 
requirement is impracticable and contrary to the public interest as it 
would prevent NMFS from responding to the most recent fisheries data in 
a timely fashion and would delay the closure of the Atka mackerel 
fishery in the Eastern Aleutian District and the Bering Sea subarea and 
the opening and closures of the fisheries for the HLA limits 
established for the area 542 and area 543 pursuant to the 2005 Atka 
mackerel TAC. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of August 15, 2005. The AA also finds good cause to waive 
the 30-day delay in the effective date of this action under 5 U.S.C. 
553(d)(3). This finding is based upon the reasons provided above for 
waiver of prior notice and opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 31, 2005.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-17712 Filed 9-1-05; 2:08 pm]
BILLING CODE 3510-22-S
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