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 the U.S./Canada Management Area, 2184-2186 [08-91]
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2184
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
TABLE III.—REPORTED DATA ELEMENT FORMAT—Continued
Data element
Minimum range
Accuracy
Frontal air bag deployment, nth
stage disposal, right front passenger (y/n).
Side air bag deployment, time to
deploy, driver.
Side air bag deployment, time to
deploy, right front passenger.
Side curtain/tube air bag deployment, time to deploy, driver side.
Side curtain/tube air bag deployment, time to deploy, right side.
Pretensioner deployment, time to
fire, driver.
Pretensioner deployment, time to
fire, right front passenger.
Seat track position switch, foremost, status, driver.
Seat track position switch, foremost, status, right front passenger.
Occupant size driver occupant 5th
female size (y/n).
Occupant position size right front
passenger child (y/n).
Occupant position classification,
driver oop (y/n).
Occupant position classification,
right front passenger oop (y/n).
Multi-event, number of events (1,
2).
Time from event 1 to 2 ..................
Complete file recorded (y/n) ..........
Yes or No .....................................
N/A ................................................
Yes or No.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
0 to 250 ms ..................................
±2 ms ............................................
1 ms.
Yes or No .....................................
N/A ................................................
Yes or No.
Yes or No .....................................
N/A ................................................
Yes or No.
Yes or No .....................................
N/A ................................................
Yes or No.
Yes or No .....................................
N/A ................................................
Yes or No.
Yes or No .....................................
N/A ................................................
Yes or No.
Yes or No .....................................
N/A ................................................
Yes or No.
1 or 2 ............................................
N/A ................................................
1 or 2.
0 to 5.0 sec ...................................
Yes or No .....................................
0.1 sec ..........................................
N/A ................................................
0.1 sec.
Yes or No.
rmajette on PROD1PC64 with RULES
(b) Acceleration Time-History data
and format: the longitudinal, lateral, and
normal acceleration time-history data,
as applicable, must be filtered either
during the recording phase or during the
data downloading phase to include:
(1) The Time Step (TS) that is the
inverse of the sampling frequency of the
acceleration data and which has units of
seconds;
(2) The number of the first point
(NFP), which is an integer that when
multiplied by the TS equals the time
relative to time zero of the first
acceleration data point;
(3) The number of the last point
(NLP), which is an integer that when
multiplied by the TS equals the time
relative to time zero of the last
acceleration data point; and
(4) NLP—NFP + 1 acceleration values
sequentially beginning with the
acceleration at time NFP * TS and
continue sampling the acceleration at
TS increments in time until the time
NLP * TS is reached.
I 7. Revise § 563.9 to read as follows:
§ 563.9
Data capture.
The EDR must capture and record the
data elements for events in accordance
with the following conditions and
circumstances:
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
(a) In a frontal or side air bag
deployment crash, capture and record
the current deployment data, up to two
events. The memory for each air bag
deployment event must be locked to
prevent any future overwriting of these
data.
(b) In a deployment event that
involves another type of deployable
restraint (e.g., pretensioners, knee
bolsters, pedestrian protection, etc.), or
in a non-deployment event that meets
the trigger threshold, capture and record
the current non-deployment data, up to
two events, subject to the following
conditions:
(1) If an EDR non-volatile memory
buffer void of previous-event data is
available, the current non-deployment
event data is recorded in the buffer.
(2) If an EDR non-volatile memory
buffer void of previous-event data is not
available, the manufacturer may choose
either to overwrite the previous nondeployment event data with the current
non-deployment event data, or not to
record the current non-deployment
event data.
(3) EDR buffers containing previous
deployment-event data must not be
overwritten by the current nondeployment event data.
PO 00000
Frm 00042
Fmt 4700
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Resolution
Issued: January 8, 2008.
Nicole R. Nason,
Administrator.
[FR Doc. E8–407 Filed 1–11–08; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070227048–7091–02]
RIN 0648–XE82
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 the U.S./Canada Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
change.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast (NE) Region,
E:\FR\FM\14JAR1.SGM
14JAR1
rmajette on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
NMFS (Regional Administrator), is
decreasing the Georges Bank (GB)
yellowtail flounder trip limit to 1,500 lb
(680 kg) for NE multispecies days-at-sea
(DAS) vessels fishing in the U.S./Canada
Management Area. This action is
authorized by the regulations
implementing Amendment 13 to the NE
Multispecies Fishery Management Plan
and is intended to prevent over-harvest
of the Total Allowable Catch (TAC) for
GB yellowtail flounder. This action is
being taken under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) to slow the
catch rate of GB yellowtail flounder to
provide opportunity for vessels to
continue fishing while helping to ensure
that the TAC will not be exceeded
during the 2007 fishing year (May 1,
2007 - April 20, 2008).
DATES: Effective 0001 hours local time
January 10, 2008, through April 30,
2008.
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 U.S./
Canada Management Area are found at
§ 648.85(a)(3)(iv)(C) and (D). The
regulations authorize vessels issued a
valid Federal 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 for GB yellowtail
flounder for the 2007 fishing year is 900
mt. The regulations at
§ 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to increase or
decrease the trip limit in the U.S./
Canada Management Area to prevent
over-harvesting or under-harvesting the
TAC allocation.
On April 24, 2007 (72 FR 20287),
based upon the reduced 2007 TAC for
GB yellowtail flounder (a 43–percent
reduction from 2006) and projections of
harvest rates in the fishery, the trip limit
for GB yellowtail flounder was set at
3,000 lb (1,361 kg) for the 2007 fishing
year, to prevent the over-harvest of the
2007 GB yellowtail flounder TAC, and
to prevent a premature closure of the
Eastern U.S./Canada Management Area
and, therefore, reduced opportunities to
fish for Eastern GB cod and haddock in
the Eastern U.S./Canada Area. On
November 27, 2007, the GB yellowtail
flounder trip limit was increased to
7,500 lb (3,402 kg) because the 3,000–
lb (1,361–kg) trip limit was projected to
result in the under-harvest of the TAC.
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
According to the most recent Vessel
Monitoring System (VMS) reports and
other available information, the
cumulative GB yellowtail flounder
catch, as of January 9, 2008, is estimated
to be 82 percent of the TAC, with a
projection that the complete harvest of
the TAC would occur by January 23,
2008. Harvest of the GB yellowtail
flounder TAC would prevent the
reopening of the Eastern U.S./Canada
Area to harvest the remaining portions
of the GB cod and GB haddock TACs.
Decreasing the GB yellowtail flounder
trip limit to 1,500 lb (680 kg) from 7,500
lb (3,402 kg) is expected to reduce the
number of trips made to the Western
U.S./Canada Area to target GB
yellowtail flounder, decrease landings
of yellowtail flounder without
increasing discards, and result in the
achievement of the TAC during the
fishing year without exceeding it. Based
on this information, the Regional
Administrator is decreasing the current
7,500–lb (3,402–kg) trip limit in the
U.S./Canada Area to 1,500 lb (680 kg)
per trip, effective 0001 hours local time
January 10, 2008, through April 30,
2008. GB yellowtail flounder landings
will continue to be closely monitored.
Further inseason adjustments to
increase or decrease the trip limit may
be considered, based on updated catch
data and projections. Should 100
percent of the TAC allocation for GB
yellowtail flounder be projected to be
harvested, all vessels would be
prohibited from harvesting, possessing,
or landing yellowtail flounder from the
entire U.S./Canada Management Area,
and the Eastern U.S./Canada Area
would be closed to limited access NE
multispecies DAS vessels for the
remainder of the fishing year.
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)(3)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment; as well as the delayed
effectiveness for this action, because
prior notice and comment, and a
delayed effectiveness, would be
impracticable and contrary to the public
interest. The regulations under
§ 658.85(a)(3)(iv)(D) grant the Regional
Administrator the authority to adjust the
GB yellowtail flounder trip limit to
prevent over-harvesting or underharvesting the TAC allocation. This
action would reduce the GB yellowtail
trip limit for all NE multispecies DAS
vessels fishing in the U.S./Canada
Management Area for the remainder of
the 2007 fishing year. This action is
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
2185
intended to prevent the over-harvest of
the GB yellowtail flounder TAC while
allowing continued opportunities to
achieve optimum yield in the NE
multispecies fishery.
This action is authorized by the
regulations at § 648.85(a)(3)(iv)(D). It is
important to take this action
immediately because the rapid catch
rate observed since implementing the
7,500–lb (3,402–kg) GB yellowtail
flounder trip limit on November 27,
2007, is projected to result in the TAC
being achieved on January 23, 2008.
This would require that the Eastern
U.S./Canada Area remain closed for the
remainder of the 2007 fishing year,
preventing the reopening the Eastern
U.S./Canada Management Area to
harvest the remaining portions of the GB
cod and GB haddock TACs. Allowing
the current rapid catch rate (33 percent
of the TAC was caught between
December 6, 2007, and January 3, 2008)
to continue during the period necessary
to publish and receive comments on a
proposed rule could potentially allow
the GB yellowtail flounder harvest to
exceed the GB yellowtail flounder TAC
for the 2007 fishing year. Exceeding the
2007 TAC for GB yellowtail flounder
would increase mortality of this
overfished stock beyond that evaluated
during the development of Amendment
13, resulting in decreased revenue for
the NE multispecies fishery, increased
negative economic impacts to vessels
operating in the U.S./Canada Area, a
reduced chance of achieving optimum
yield in the groundfish fishery, and
unnecessary delays to the rebuilding of
this overfished stock. Exceeding the
2007 GB yellowtail flounder TAC would
also necessitate that any overages during
the 2007 fishing year be deducted from
the GB yellowtail TAC for the 2008
fishing year. Reducing the 2008 TAC
due to any 2007 TAC overage caused by
delaying this action would create an
unnecessary burden on the fishing
industry and further negative economic
and social impacts that were not
previously considered.
The potential of decreasing the GB
yellowtail flounder trip limit was
announced to the public when the
7,500–lb (3,402–kg) trip limit was
implemented on November 27, 2007.
Further, the public is able to obtain
information on the rate of harvest of the
GB yellowtail flounder TAC via the
Northeast Regional Office website
(https://www.nero.noaa.gov), which
provides at least some advanced notice
of a potential action to prevent the TAC
for GB yellowtail flounder from being
exceeded during the 2007 fishing year.
The Regional Administrator’s authority
to decrease the trip limit for GB
E:\FR\FM\14JAR1.SGM
14JAR1
2186
Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations
rmajette on PROD1PC64 with RULES
yellowtail flounder in the U.S./Canada
Management Area to ensure the shared
U.S./Canada stocks of fish are harvested,
but not exceeded, was considered and
open to public comment during the
development of Amendment 13 and FW
VerDate Aug<31>2005
15:18 Jan 11, 2008
Jkt 214001
42. 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.
PO 00000
Dated: January 9, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 08–91 Filed 1–9–08; 12:57 pm]
BILLING CODE 3510–22–S
Frm 00044
Fmt 4700
Sfmt 4700
E:\FR\FM\14JAR1.SGM
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Agencies
[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Rules and Regulations]
[Pages 2184-2186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-91]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070227048-7091-02]
RIN 0648-XE82
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 the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit change.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Administrator, Northeast (NE) Region,
[[Page 2185]]
NMFS (Regional Administrator), is decreasing the Georges Bank (GB)
yellowtail flounder trip limit to 1,500 lb (680 kg) for NE multispecies
days-at-sea (DAS) vessels fishing in the U.S./Canada Management Area.
This action is authorized by the regulations implementing Amendment 13
to the NE Multispecies Fishery Management Plan and is intended to
prevent over-harvest of the Total Allowable Catch (TAC) for GB
yellowtail flounder. This action is being taken under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to slow the catch rate of GB yellowtail flounder to
provide opportunity for vessels to continue fishing while helping to
ensure that the TAC will not be exceeded during the 2007 fishing year
(May 1, 2007 - April 20, 2008).
DATES: Effective 0001 hours local time January 10, 2008, through April
30, 2008.
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 U.S./Canada Management Area are found
at Sec. 648.85(a)(3)(iv)(C) and (D). The regulations authorize vessels
issued a valid Federal 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 for GB yellowtail flounder for the 2007 fishing
year is 900 mt. The regulations at Sec. 648.85(a)(3)(iv)(D) authorize
the Regional Administrator to increase or decrease the trip limit in
the U.S./Canada Management Area to prevent over-harvesting or under-
harvesting the TAC allocation.
On April 24, 2007 (72 FR 20287), based upon the reduced 2007 TAC
for GB yellowtail flounder (a 43-percent reduction from 2006) and
projections of harvest rates in the fishery, the trip limit for GB
yellowtail flounder was set at 3,000 lb (1,361 kg) for the 2007 fishing
year, to prevent the over-harvest of the 2007 GB yellowtail flounder
TAC, and to prevent a premature closure of the Eastern U.S./Canada
Management Area and, therefore, reduced opportunities to fish for
Eastern GB cod and haddock in the Eastern U.S./Canada Area. On November
27, 2007, the GB yellowtail flounder trip limit was increased to 7,500
lb (3,402 kg) because the 3,000-lb (1,361-kg) trip limit was projected
to result in the under-harvest of the TAC.
According to the most recent Vessel Monitoring System (VMS) reports
and other available information, the cumulative GB yellowtail flounder
catch, as of January 9, 2008, is estimated to be 82 percent of the TAC,
with a projection that the complete harvest of the TAC would occur by
January 23, 2008. Harvest of the GB yellowtail flounder TAC would
prevent the reopening of the Eastern U.S./Canada Area to harvest the
remaining portions of the GB cod and GB haddock TACs. Decreasing the GB
yellowtail flounder trip limit to 1,500 lb (680 kg) from 7,500 lb
(3,402 kg) is expected to reduce the number of trips made to the
Western U.S./Canada Area to target GB yellowtail flounder, decrease
landings of yellowtail flounder without increasing discards, and result
in the achievement of the TAC during the fishing year without exceeding
it. Based on this information, the Regional Administrator is decreasing
the current 7,500-lb (3,402-kg) trip limit in the U.S./Canada Area to
1,500 lb (680 kg) per trip, effective 0001 hours local time January 10,
2008, through April 30, 2008. GB yellowtail flounder landings will
continue to be closely monitored. Further inseason adjustments to
increase or decrease the trip limit may be considered, based on updated
catch data and projections. Should 100 percent of the TAC allocation
for GB yellowtail flounder be projected to be harvested, all vessels
would be prohibited from harvesting, possessing, or landing yellowtail
flounder from the entire U.S./Canada Management Area, and the Eastern
U.S./Canada Area would be closed to limited access NE multispecies DAS
vessels for the remainder of the fishing year.
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)(3)(B) and (d)(3), there is good cause
to waive prior notice and opportunity for public comment; as well as
the delayed effectiveness for this action, because prior notice and
comment, and a delayed effectiveness, would be impracticable and
contrary to the public interest. The regulations under Sec.
658.85(a)(3)(iv)(D) grant the Regional Administrator the authority to
adjust the GB yellowtail flounder trip limit to prevent over-harvesting
or under-harvesting the TAC allocation. This action would reduce the GB
yellowtail trip limit for all NE multispecies DAS vessels fishing in
the U.S./Canada Management Area for the remainder of the 2007 fishing
year. This action is intended to prevent the over-harvest of the GB
yellowtail flounder TAC while allowing continued opportunities to
achieve optimum yield in the NE multispecies fishery.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D). It is important to take this action immediately
because the rapid catch rate observed since implementing the 7,500-lb
(3,402-kg) GB yellowtail flounder trip limit on November 27, 2007, is
projected to result in the TAC being achieved on January 23, 2008. This
would require that the Eastern U.S./Canada Area remain closed for the
remainder of the 2007 fishing year, preventing the reopening the
Eastern U.S./Canada Management Area to harvest the remaining portions
of the GB cod and GB haddock TACs. Allowing the current rapid catch
rate (33 percent of the TAC was caught between December 6, 2007, and
January 3, 2008) to continue during the period necessary to publish and
receive comments on a proposed rule could potentially allow the GB
yellowtail flounder harvest to exceed the GB yellowtail flounder TAC
for the 2007 fishing year. Exceeding the 2007 TAC for GB yellowtail
flounder would increase mortality of this overfished stock beyond that
evaluated during the development of Amendment 13, resulting in
decreased revenue for the NE multispecies fishery, increased negative
economic impacts to vessels operating in the U.S./Canada Area, a
reduced chance of achieving optimum yield in the groundfish fishery,
and unnecessary delays to the rebuilding of this overfished stock.
Exceeding the 2007 GB yellowtail flounder TAC would also necessitate
that any overages during the 2007 fishing year be deducted from the GB
yellowtail TAC for the 2008 fishing year. Reducing the 2008 TAC due to
any 2007 TAC overage caused by delaying this action would create an
unnecessary burden on the fishing industry and further negative
economic and social impacts that were not previously considered.
The potential of decreasing the GB yellowtail flounder trip limit
was announced to the public when the 7,500-lb (3,402-kg) trip limit was
implemented on November 27, 2007. Further, the public is able to obtain
information on the rate of harvest of the GB yellowtail flounder TAC
via the Northeast Regional Office website (https://www.nero.noaa.gov),
which provides at least some advanced notice of a potential action to
prevent the TAC for GB yellowtail flounder from being exceeded during
the 2007 fishing year. The Regional Administrator's authority to
decrease the trip limit for GB
[[Page 2186]]
yellowtail flounder in the U.S./Canada Management Area to ensure the
shared U.S./Canada stocks of fish are harvested, but not exceeded, was
considered and open to public comment during the development of
Amendment 13 and FW 42. 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: January 9, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 08-91 Filed 1-9-08; 12:57 pm]
BILLING CODE 3510-22-S