Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska, 28620-28621 [07-2536]

Download as PDF 28620 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations (4) The need of the United States to conserve energy. The statute permits NHTSA to establish alternative average fuel economy standards applicable to exempted low volume manufacturers in one of three ways: (1) A separate standard for each exempted manufacturer; (2) a separate average fuel economy standard applicable to each class of exempted automobiles (classes would be based on design, size, price, or other factors); or (3) a single standard for all exempted manufacturers. cprice-sewell on PRODPC61 with RULES Proposed Decision and Public Comment This final decision was preceded by a proposal announcing the agency’s tentative conclusion that Spyker should be exempted from the generally applicable MY 2006 and 2007 passenger automobile average fuel economy of 27.5 mpg and that alternative standards of 18.9 mpg for MYs 2006 and 2007 be established for Spyker. (71 FR 49407; August 23, 2006). The agency received only one comment, from a Ms. Barb Sachau, who argued that all vehicles should get higher gas mileage and that the exemption for Spyker should not be granted unless Spyker’s vehicles were able to obtain 100 mpg. NHTSA has decided not to adopt Ms. Sachau’s recommendation. NHTSA’s proposed decision presented several reasons why it would not be technologically feasible or economically practicable for Spyker to improve the fuel economy of its MY 2006 and 2007 vehicles above an average of 18.9 mpg. Ms. Sachau did not refute the agency’s reasoning or provide a technical evaluation of how a standard of 100 mpg for MYs 2006 and 2007 would be technologically feasible or economically practicable for Spyker. Thus, the agency has no basis to adopt Ms. Sachau’s recommendation. NHTSA Final Determination Therefore, the agency is adopting the tentative conclusions set forth in the proposed decision as its final conclusions, for the reasons set forth in the proposed decision. Based on these conclusions, the maximum average fuel economy for Spyker is 18.9 mpg for MYs 2006 and 2007. NHTSA has determined that other Federal motor vehicle standards will not affect achievable fuel economy beyond the extent considered in the proposed decision and that the national effort to conserve energy will not be affected by granting this exemption. NHTSA hereby exempts Spyker from the generally applicable MY 2006 and 2007 passenger automobile average fuel economy of 27.5 mpg and establishes an alternative VerDate Aug<31>2005 15:01 May 21, 2007 Jkt 211001 standard of 18.9 mpg for MYs 2006 and 2007 for Spyker. Regulatory Impact Analyses NHTSA has analyzed this decision and determined that neither Executive Order 12866 nor the Department of Transportation’s regulatory policies and procedures apply. Under Executive Order 12866, the decision would not establish a ‘‘rule,’’ which is defined in the Executive Order as ‘‘an agency statement of general applicability and future effect.’’ Since this decision would apply only to Spyker, as discussed in this notice, it is not a ‘‘rule’’ under the definition. Under DOT regulatory policies and procedures, the decision is not a ‘‘significant regulation.’’ If Departmental policies and procedures were applicable, the agency would have determined that this decision is not significant. The principal impact of this decision is that the exempted company will not be required to pay civil penalties if its maximum feasible average fuel economy were achieved, and that purchasers of those vehicles would not have to bear the burden of those civil penalties in the form of higher prices. Since this decision sets an alternative standard at the level determined to be the maximum feasible for Spyker for MYs 2006 and 2007, no fuel would be saved by establishing a higher alternative standard. NHTSA finds in the Section on ‘‘The Need of the United States to Conserve Energy’’ that because of the small size of the Spyker fleet, that incremental usage of gasoline by Spyker’s customers would not affect the United States’ need to conserve gasoline. Spyker plans to import a maximum of 112 vehicles to the U.S. market by MY 2007. Given that over 8,350,000 passenger cars were produced for sale in the U.S. market in MY 2006, Spyker’s importation of these vehicles would amount to .001% of the U.S. market. Thus, the impact for the public at large is minimal. The agency has also considered the environmental implications of this decision in accordance with the National Environmental Policy Act (NEPA) and determined that it does not significantly affect the human environment. Regardless of the fuel economy of the exempted vehicles, they must pass the emissions standards which measure the amount of emissions per mile traveled. Thus, the quality of the air is not affected by the alternative standards. Further, since the exempted passenger automobiles cannot achieve better fuel economy than provided, the decision does not affect the amount of fuel used. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 List of Subjects in 49 CFR Part 531 Energy conservation, Gasoline, Imports, Motor Vehicles. I In consideration of the foregoing, 49 CFR part 531 is amended as follows: PART 531—[AMENDED] 1. The authority citation for part 531 is revised to read as follows: I Authority: 49 U.S.C. 32902, delegation of authority at 49 CFR 1.50. 2. Section 531.5 is amended by adding paragraph (b) (15) to read as follows: I § 531.5 * Fuel economy standards. * * * * (b) * * * (15) Spyker Automobielen B.V. AVERAGE FUEL ECONOMY STANDARD Model year Miles per gallon 2006 .......................................... 2007 .......................................... 18.9 18.9 Issued on: May 17, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7–9867 Filed 5–21–07; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XA40 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. ACTION: Temporary rule; closure. AGENCY: 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 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 17, 2007, through 1200 hrs, A.l.t., July 1, 2007. E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: cprice-sewell on PRODPC61 with RULES Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The second seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA is 300 metric tons as established by the 2007 and 2008 harvest specifications for groundfish of the GOA (72 FR 9676, March 5, 2007), for the period 1200 hrs, A.l.t., April 1, 2007, through 1200 hrs, A.l.t., July 1, 2007. In accordance with § 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the second seasonal apportionment of the 2007 Pacific halibut bycatch allowance VerDate Aug<31>2005 15:01 May 21, 2007 Jkt 211001 specified for the trawl deep-water species fishery in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the deep-water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the deep-water species fishery are sablefish, rockfish, deep-water flatfish, rex sole and arrowtooth flounder. This closure does not apply to fishing by vessels participating in the cooperative fishery in the Rockfish Pilot Program for the Central GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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) as such requirement is impracticable and contrary to the public PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 28621 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 deep-water species fishery by vessels using trawl gear in the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of May 16, 2007. 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 § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 17, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–2536 Filed 5–17–07; 1:22 pm] BILLING CODE 3510–22–S E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Rules and Regulations]
[Pages 28620-28621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XA40


Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water 
Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska

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

ACTION: Temporary rule; closure.

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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 2007 Pacific halibut bycatch allowance specified 
for the deep-water species fishery in the GOA has been reached.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), May 17, 2007, 
through 1200 hrs, A.l.t., July 1, 2007.

[[Page 28621]]


FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
GOA exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska (FMP) prepared by the North 
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing 
fishing by U.S. vessels in accordance with the FMP appear at subpart H 
of 50 CFR part 600 and 50 CFR part 679.
    The second seasonal apportionment of the 2007 Pacific halibut 
bycatch allowance specified for the deep-water species fishery in the 
GOA is 300 metric tons as established by the 2007 and 2008 harvest 
specifications for groundfish of the GOA (72 FR 9676, March 5, 2007), 
for the period 1200 hrs, A.l.t., April 1, 2007, through 1200 hrs, 
A.l.t., July 1, 2007.
    In accordance with Sec.  679.21(d)(7)(i), the Administrator, Alaska 
Region, NMFS, has determined that the second seasonal apportionment of 
the 2007 Pacific halibut bycatch allowance specified for the trawl 
deep-water species fishery in the GOA has been reached. Consequently, 
NMFS is prohibiting directed fishing for the deep-water species fishery 
by vessels using trawl gear in the GOA. The species and species groups 
that comprise the deep-water species fishery are sablefish, rockfish, 
deep-water flatfish, rex sole and arrowtooth flounder.
    This closure does not apply to fishing by vessels participating in 
the cooperative fishery in the Rockfish Pilot Program for the Central 
GOA.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

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) as such 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 deep-water species fishery by vessels 
using trawl gear in the GOA. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data only became available as of May 16, 2007.
    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.  679.21 and is exempt from review 
under Executive Order 12866.

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

    Dated: May 17, 2007.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-2536 Filed 5-17-07; 1:22 pm]
BILLING CODE 3510-22-S

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