Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for Western and Eastern U.S./Canada Areas, 75965-75966 [05-24369]
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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Rules and Regulations
or least burdensome alternative if we
publish with the final rule an
explanation why that alternative was
not adopted.
This final rule will not result in costs
of $100 million or more to either State,
local, or tribal governments, in the
aggregate, or to the private sector. Thus,
this rule is not subject to the
requirements of sections 202 and 205 of
the UMRA.
J. Plain Language
Executive Order 12866 requires each
agency to write all rules in plain
language. Application of the principles
of plain language includes consideration
of the following questions:
—Have we organized the material to suit
the public’s needs?
—Are the requirements in the rule
clearly stated?
—Does the rule contain technical
language or jargon that is not clear?
—Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
—Would more (but shorter) sections be
better?
—Could we improve clarity by adding
tables, lists, or diagrams?
—What else could we do to make this
rulemaking easier to understand?
If you have any responses to these
questions, please include them in your
comments to the docket number cited in
the heading of this final rule.
K. Regulation Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
List of Subjects in 49 CFR Part 571
cprice-sewell on PROD1PC66 with RULES
Imports, Motor vehicle safety, Motor
vehicles, Rubber and rubber products,
Tires.
I In consideration of the foregoing, the
Federal Motor Vehicle Safety Standards
(49 CFR Part 571), are amended as set
forth below.
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
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.
VerDate Aug<31>2005
15:00 Dec 21, 2005
Jkt 208001
2. Section 571.102 is amended by
revising in S3.1.3.2, the introductory
text and paragraph (a) to read as follows:
I
§ 571.102 Standard No. 102; Transmission
shift position sequence, starter interlock,
and transmission braking effect.
*
*
*
*
*
S3.1.3.2 Notwithstanding S3.1.3.1, the
engine may stop and start at any time
after the driver has activated the
vehicle’s propulsion system if the
vehicle can meet the requirements
specified in paragraphs (a) and (b):
(a) For passenger cars, multi-purpose
passenger vehicles, trucks and buses
with a GVWR less than or equal to 4,536
kg (10,000 pounds), the vehicle’s
propulsion system can propel the
vehicle in the normal travel mode in all
forward and reverse drive gears without
the engine operating. For passenger cars,
multipurpose passenger vehicles, trucks
and buses with a GVWR greater than
4,536 kg (10,000 pounds), the vehicle’s
propulsion system can propel the
vehicle in the normal travel mode in
Reverse and at least one forward drive
gear without the engine operating.
*
*
*
*
*
Issued on: December 19, 2005.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 05–24372 Filed 12–21–05; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
121405A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Modification of
the Yellowtail Flounder Landing Limit
for Western and Eastern U.S./Canada
Areas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; yellowtail
flounder landing limit.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), is reducing
the Georges Bank (GB) yellowtail
flounder trip limit from an unlimited
amount to 15,000 lb (6,804.1 kg) per trip
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
75965
for Northeast (NE) multispecies Days-atSea (DAS) vessels fishing in both the
Western and Eastern U.S./Canada Areas.
This action is necessary to prevent the
GB yellowtail total allowable catch
(TAC) from being caught before the end
of the 2005 fishing year and to increase
the likelihood that the GB yellowtail
TAC will be available through the end
of the 2005 fishing year on April 30,
2006. This action is being taken to slow
the rate of harvest of GB yellowtail
flounder under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective 0001 hours local time,
December 21, 2005, through April 30,
2006.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Management
Specialist, (978) 281–9145, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the GB yellowtail
flounder landing limit within the
Western and Eastern U.S./Canada Areas
are found at 50 CFR 648.85(a)(3)(iv)(C).
The regulations authorize vessels issued
a valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area as defined at
§ 648.85(a)(1), under specific
conditions. The TAC allocation for GB
yellowtail flounder for the 2005 fishing
year is 4,260 mt (July 7, 2005; 70 FR
39190). When 30 percent of the GB
yellowtail flounder TAC is projected to
be harvested, the regulations at
§ 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to reduce the
yellowtail flounder landing limit for NE
multispecies DAS vessels fishing in
both the Western and Eastern U.S./
Canada Areas to prevent over-harvesting
the GB yellowtail TAC allocation.
Based upon vessel monitoring system
reports and other available information,
the Regional Administrator has
determined that over 51 percent (2,172.6
mt) of the GB yellowtail flounder TAC
of 4,260 mt has been harvested. Based
on current and historic catch rates, it is
likely the entire GB yellowtail flounder
TAC may be caught before the end of
the 2005 fishing year. In order to slow
the catch of GB yellowtail flounder to
prevent over harvesting and to increase
the likelihood that GB yellowtail
flounder will be available through the
end of the 2005 fishing year on April 30,
2006, the Regional Administrator is
reducing the trip limit for GB yellowtail
flounder to 15,000 lb (6,804.1 kg) per
trip for NE multispecies DAS vessels
fishing in both the Western and Eastern
U.S./Canada Areas for the remainder of
E:\FR\FM\22DER1.SGM
22DER1
75966
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Rules and Regulations
the 2005 fishing year, effective
December 21, 2005, through April 30,
2006.
cprice-sewell on PROD1PC66 with RULES
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for public comment for this
action, because notice and comment
would be impracticable and contrary to
the public interest. The regulations
under § 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to reduce the
yellowtail flounder landing limit for NE
multispecies DAS vessels fishing in the
Western and Eastern U.S./Canada Areas
when 30 percent and/or 60 percent of
the GB yellowtail flounder TAC has
been harvested, to prevent over
harvesting of the TAC. Because over 51
percent of the GB yellowtail flounder
TAC has been harvested, this action is
necessary to immediately slow the rate
of harvest of GB yellowtail flounder
under the authority of the MagnusonStevens Act.
Given the harvest rates during fishing
years 2004 and 2005, and the reduced
GB yellowtail flounder TAC specified
for 2005, the time necessary to provide
for prior notice and opportunity for
public comment would significantly
reduce the ability of the agency to
ensure that the 2005 TAC for GB
yellowtail flounder is not exceeded
during the 2005 fishing year. It was not
possible to take this action earlier to
provide more time for public comment
VerDate Aug<31>2005
15:00 Dec 21, 2005
Jkt 208001
because of how quickly the GB
yellowtail flounder is harvested, the
reduced GB yellowtail flounder TAC,
and the ability of NMFS to monitor the
harvest. Immediately reducing the GB
yellowtail flounder trip limit to 15,000
lb (6,804.1 kg) per trip for NE
multispecies DAS vessels fishing in
both the Western and Eastern U.S./
Canada Areas will slow the rate of
harvest to a level that will likely prevent
the TAC from being exceeded.
Exceeding the 2005 TAC for GB
yellowtail flounder would increase
mortality of this overfished stock
beyond that evaluated during the
development of Amendment 13,
potentially undermining the rebuilding
efforts for this stock. Moreover, should
the GB yellowtail flounder TAC be
exceeded, any overages would be
deducted from the 2006 GB yellowtail
flounder TAC. This would result in
decreased revenue for the NE
multispecies fishery, increased
economic impacts to vessels operating
in the Western and Eastern U.S./Canada
Areas, reduced opportunities to fully
harvest the GB haddock and GB cod
TAC’s in the Eastern U.S./Canada Area
(i.e., through the increased possibility of
premature closure of the Eastern U.S./
Canada Area during the 2006 fishing
year due to fully harvesting a reduced
GB yellowtail flounder TAC in 2006), a
reduced chance of achieving optimum
yield in the groundfish fishery, and
unnecessary delays to the rebuilding of
this overfished stock.
For similar reasons there is good
cause, pursuant to 5 U.S.C. 553(d)(3), to
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
waive the entire 30-day delayed
effectiveness period for this action. For
the reasons specified above, a delay in
the effectiveness of the trip limit
modification in this rule would prevent
the agency from ensuring that the 2005
catch TAC for GB yellowtail flounder
specified for the Western and Eastern
U.S./Canada Areas would not be
exceeded during the 2005 fishing year.
Any such delay could lead to the
impacts to the fishing industry
described above.
The rate of harvest of the GB
yellowtail flounder TAC in the Western
and Eastern U.S./Canada Areas is
updated weekly on the internet at
https://www.nero.noaa.gov. Accordingly,
the public is able to obtain information
that would provide at least some
advanced notice of a potential action to
prevent the TAC for GB yellowtail
flounder from being exceeded during
the 2005 fishing year. Further, the
potential for this action was considered
and open to public comment during the
development of Amendment 13.
Therefore, any negative effect the
waiving of public comment and delayed
effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–24369 Filed 12–19–05; 12:56
pm]
BILLING CODE 3510–22–S
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Rules and Regulations]
[Pages 75965-75966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24369]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 040804229-4300-02; I.D. 121405A]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Modification of the Yellowtail Flounder Landing
Limit for Western and Eastern U.S./Canada Areas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; yellowtail flounder landing limit.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS
(Regional Administrator), is reducing the Georges Bank (GB) yellowtail
flounder trip limit from an unlimited amount to 15,000 lb (6,804.1 kg)
per trip for Northeast (NE) multispecies Days-at-Sea (DAS) vessels
fishing in both the Western and Eastern U.S./Canada Areas. This action
is necessary to prevent the GB yellowtail total allowable catch (TAC)
from being caught before the end of the 2005 fishing year and to
increase the likelihood that the GB yellowtail TAC will be available
through the end of the 2005 fishing year on April 30, 2006. This action
is being taken to slow the rate of harvest of GB yellowtail flounder
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Effective 0001 hours local time, December 21, 2005, through
April 30, 2006.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Management
Specialist, (978) 281-9145, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB yellowtail
flounder landing limit within the Western and Eastern U.S./Canada Areas
are found at 50 CFR 648.85(a)(3)(iv)(C). The regulations authorize
vessels issued a valid limited access NE multispecies permit and
fishing under a NE multispecies DAS to fish in the U.S./Canada
Management Area as defined at Sec. 648.85(a)(1), under specific
conditions. The TAC allocation for GB yellowtail flounder for the 2005
fishing year is 4,260 mt (July 7, 2005; 70 FR 39190). When 30 percent
of the GB yellowtail flounder TAC is projected to be harvested, the
regulations at Sec. 648.85(a)(3)(iv)(D) authorize the Regional
Administrator to reduce the yellowtail flounder landing limit for NE
multispecies DAS vessels fishing in both the Western and Eastern U.S./
Canada Areas to prevent over-harvesting the GB yellowtail TAC
allocation.
Based upon vessel monitoring system reports and other available
information, the Regional Administrator has determined that over 51
percent (2,172.6 mt) of the GB yellowtail flounder TAC of 4,260 mt has
been harvested. Based on current and historic catch rates, it is likely
the entire GB yellowtail flounder TAC may be caught before the end of
the 2005 fishing year. In order to slow the catch of GB yellowtail
flounder to prevent over harvesting and to increase the likelihood that
GB yellowtail flounder will be available through the end of the 2005
fishing year on April 30, 2006, the Regional Administrator is reducing
the trip limit for GB yellowtail flounder to 15,000 lb (6,804.1 kg) per
trip for NE multispecies DAS vessels fishing in both the Western and
Eastern U.S./Canada Areas for the remainder of
[[Page 75966]]
the 2005 fishing year, effective December 21, 2005, through April 30,
2006.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds
good cause to waive prior notice and opportunity for public comment for
this action, because notice and comment would be impracticable and
contrary to the public interest. The regulations under Sec.
648.85(a)(3)(iv)(D) authorize the Regional Administrator to reduce the
yellowtail flounder landing limit for NE multispecies DAS vessels
fishing in the Western and Eastern U.S./Canada Areas when 30 percent
and/or 60 percent of the GB yellowtail flounder TAC has been harvested,
to prevent over harvesting of the TAC. Because over 51 percent of the
GB yellowtail flounder TAC has been harvested, this action is necessary
to immediately slow the rate of harvest of GB yellowtail flounder under
the authority of the Magnuson-Stevens Act.
Given the harvest rates during fishing years 2004 and 2005, and the
reduced GB yellowtail flounder TAC specified for 2005, the time
necessary to provide for prior notice and opportunity for public
comment would significantly reduce the ability of the agency to ensure
that the 2005 TAC for GB yellowtail flounder is not exceeded during the
2005 fishing year. It was not possible to take this action earlier to
provide more time for public comment because of how quickly the GB
yellowtail flounder is harvested, the reduced GB yellowtail flounder
TAC, and the ability of NMFS to monitor the harvest. Immediately
reducing the GB yellowtail flounder trip limit to 15,000 lb (6,804.1
kg) per trip for NE multispecies DAS vessels fishing in both the
Western and Eastern U.S./Canada Areas will slow the rate of harvest to
a level that will likely prevent the TAC from being exceeded.
Exceeding the 2005 TAC for GB yellowtail flounder would increase
mortality of this overfished stock beyond that evaluated during the
development of Amendment 13, potentially undermining the rebuilding
efforts for this stock. Moreover, should the GB yellowtail flounder TAC
be exceeded, any overages would be deducted from the 2006 GB yellowtail
flounder TAC. This would result in decreased revenue for the NE
multispecies fishery, increased economic impacts to vessels operating
in the Western and Eastern U.S./Canada Areas, reduced opportunities to
fully harvest the GB haddock and GB cod TAC's in the Eastern U.S./
Canada Area (i.e., through the increased possibility of premature
closure of the Eastern U.S./Canada Area during the 2006 fishing year
due to fully harvesting a reduced GB yellowtail flounder TAC in 2006),
a reduced chance of achieving optimum yield in the groundfish fishery,
and unnecessary delays to the rebuilding of this overfished stock.
For similar reasons there is good cause, pursuant to 5 U.S.C.
553(d)(3), to waive the entire 30-day delayed effectiveness period for
this action. For the reasons specified above, a delay in the
effectiveness of the trip limit modification in this rule would prevent
the agency from ensuring that the 2005 catch TAC for GB yellowtail
flounder specified for the Western and Eastern U.S./Canada Areas would
not be exceeded during the 2005 fishing year. Any such delay could lead
to the impacts to the fishing industry described above.
The rate of harvest of the GB yellowtail flounder TAC in the
Western and Eastern U.S./Canada Areas is updated weekly on the internet
at https://www.nero.noaa.gov. Accordingly, the public is able to obtain
information that would provide at least some advanced notice of a
potential action to prevent the TAC for GB yellowtail flounder from
being exceeded during the 2005 fishing year. Further, the potential for
this action was considered and open to public comment during the
development of Amendment 13. Therefore, any negative effect the waiving
of public comment and delayed effectiveness may have on the public is
mitigated by these factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2005.
Anne M. Lange,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 05-24369 Filed 12-19-05; 12:56 pm]
BILLING CODE 3510-22-S
