Magnuson-Stevens Act Provisions; National Standard Guidelines, 50585-50586 [E8-19874]
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Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules
Accordingly, 39 CFR part 111 is
proposed to be amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of the
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
600 Basic Standards for All Mailing
Services
*
*
*
*
602
Addressing
1.0
Elements of Addressing
*
*
1.5
Return Addresses
*
*
*
*
*
*
*
*
*
1.5.3 Required Use of Return
Addresses
The sender’s domestic return address
must appear legibly on:
[Add new item m to 1.5.3 as follows:]
*
*
*
*
*
m. Detached addressed labels (DALs).
*
*
*
*
*
4.0
Detached Address Labels (DALs)
4.1
DALs Use
*
*
*
*
*
[Revise text of 4.1.2 to require that
DALs accompanying saturation
mailings of Periodicals or Standard Mail
flats be automation-compatible as
follows:]
sroberts on PROD1PC70 with PROPOSALS
4.1.2 Periodicals or Standard Mail
Flats Saturation Mailings
Saturation mailings of unaddressed
Periodicals or Standard Mail flats may
be mailed with detached address labels
(DALs). DALs accompanying saturation
mailings of Periodicals or Standard Mail
flats must be automation-compatible
under 201.3.0. For this standard,
saturation mailing means a mailing sent
to at least 75% of the total addresses on
a carrier route or 90% of the residential
addresses on a route, whichever is less.
Deliveries are not required to every
carrier route of a delivery unit.
*
*
*
*
*
4.2
4.2.1
perforated, or creased, and that meets
these measurements:
*
*
*
*
*
[Revise item c of 4.2.1 and add new
items d and e as follows:]
c. At least 0.007 inch thick except
under 4.2.1.d.
d. If more than 41⁄4 inches high or
more than 6 inches in length, must be
at least 0.009 inch thick.
e. Must have an aspect ratio (length
divided by height) between 1.3 to 2.5,
inclusive.
4.2.2
Addressing
[Revise text of 4.2.2 to require a
POSTNET or Intelligent Mail barcode
with a delivery point routing code as
follows:]
The address for each item must be
placed on a DAL, parallel to the longest
dimension of the DAL, and must not
appear on the item it accompanies. The
DAL must contain the recipient’s
delivery address and the mailer’s return
address. A ZIP+4 code or 5-digit ZIP
code is required unless a simplified
address format is used. DALs that
accompany saturation mailings of
Periodicals or Standard Mail flats must
include a correct delivery point
POSTNET barcode or Intelligent Mail
barcode with an 11-digit routing code
(see 708.4) except when using a
simplified address.
*
*
*
*
*
4.2.5
Other Information
In addition to the information
described in 4.2.2 and 4.2.4 and an
indicium of postage payment, only the
following may appear on the front of a
DAL:
*
*
*
*
*
b. Advertising, under the following
conditions:
[Delete item 1 and renumber current
items 2 and 3 as new items 1 and 2.]
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR 111 to reflect
these changes if our proposal is
adopted.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E8–19803 Filed 8–26–08; 8:45 am]
BILLING CODE 7710–12–P
Label Preparation
Label Construction
Each DAL must be made of paper or
cardboard stock that is not folded,
VerDate Aug<31>2005
16:55 Aug 26, 2008
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50585
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 600
[Docket No. 071102640–8952–01]
RIN 0648–AQ63
Magnuson-Stevens Act Provisions;
National Standard Guidelines
National Marine Fisheries
Service (NMFS); National Oceanic and
Atmospheric Administration (NOAA);
Commerce.
ACTION: Proposed rule; withdrawal.
AGENCY:
SUMMARY: NMFS withdraws a proposed
rule for revisions to National Standard
1 (NS1) guidelines, which was
published on June 22, 2005. Instead of
going forward with a final rule directly
resulting from the 2005 proposed rule,
NMFS published a new proposed rule
for the NS1 guidelines in the Federal
Register on June 9, 2008, to address new
provisions enacted in 2007 in the
Magnuson-Stevens Fishery
Conservation and Management
Reauthorization Act (MSRA). Because of
new requirements for annual catch
limits (ACLs) and accountability
measures (AMs), among other things,
NMFS decided that it was better to
proceed with a new proposed rule
rather than try to revise a 3–year old
action that preceded the MSRA. The
new proposed rule provides guidance
on ACLs and AMs and other
requirements related to overfishing and
rebuilding overfished stocks in the
National Standard 1 (NS1) guidelines.
DATES: This proposed rule is withdrawn
on August 27, 2008.
FOR FURTHER INFORMATION CONTACT:
Mark R. Millikin, Senior Fishery
Management Specialist, 301–713–2341,
or via e-mail mark.millikin@noaa.gov.
SUPPLEMENTARY INFORMATION: Section
301(a) of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) states that any
fishery management plan (FMP)
prepared and any regulation
promulgated to implement such a plan
shall be consistent with the ten national
standards described in that section.
Section 301(b) states that the Secretary
of Commerce should establish advisory
guidelines (which shall not have the
force and effect of law) based on the
national standards to assist in
development of FMPs.
The guidelines for national standards
of the Magnuson-Stevens Act were last
revised through a final rule published in
the Federal Register on May 1, 1998 (63
E:\FR\FM\27AUP1.SGM
27AUP1
50586
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
FR 24212), which brought them into
conformance with the Sustainable
Fisheries Act of 1996. The May 1998
final rule revised the guidelines for
National Standards 1 (optimum yield), 2
(scientific information), 4 (allocations),
5 (efficiency), and 7 (costs and benefits)
and added new guidelines for National
Standards 8 (communities), 9 (bycatch),
and 10 (safety of life at sea).
National Standard 1 (NS1) states
‘‘Conservation and management
measures shall prevent overfishing
while achieving, on a continuing basis,
the optimum yield from each fishery for
the United States fishing industry.’’
NMFS considered revising the NS1
guidelines when it published an
advance notice of proposed rulemaking
in 2003 (68 FR 7492, February 14, 2003),
and a proposed rule in 2005 (70 FR
36240, June 22, 2005). NMFS received
over 250,000 comments. NMFS
reviewed all of the comments, and the
majority consisted of one of ten different
form letters, expressing concern that: (1)
Overfishing is occurring for many
stocks, (2) many fish stocks are
overfished, (3) oceans and fish stocks
are in trouble, and (4) at the rate fish
stocks are being depleted, there could be
severe impacts on future generations of
people who enjoy eating fish. Almost all
commenters stated that overfishing
should be ended immediately. NMFS
decided not to publish a final rule
directly related to the 2005 proposed
rule when it became clear that Congress
was preparing an amendment to the
Magnuson-Stevens Act that seemed
likely to revise provisions related to
overfishing and rebuilding overfished
stocks.
On January 12, 2007, President Bush
signed into law the MSRA. MSRA
revised the Magnuson-Stevens Act by
adding section 303(a)(15), which
requires that any FMP that is prepared
by a regional fishery management
council or the Secretary shall: ‘‘establish
a mechanism for specifying annual
catch limits in the plan (including a
VerDate Aug<31>2005
16:55 Aug 26, 2008
Jkt 214001
multiyear plan), implementing
regulations, or annual specifications, at
a level such that overfishing does not
occur in the fishery, including measures
to ensure accountability.’’ Because of
this new requirement to use ACLs and
AMs to end/prevent overfishing, NMFS
published a proposed rule (73 FR 32526,
June 9, 2008) emphasizing new
recommendations and requirements
related to ACLs and AMs, as well as
other issues related to NS1 (especially
related to rebuilding overfished fisheries
and the concepts of maximum
sustainable yield (MSY) and optimum
yield (OY)). The 2008 proposed rule
also contains guidance about four issues
contained in the 2005 proposed rule.
The issues covered in the 2005
proposed rule, that are reconsidered in
the 2008 proposed rule include: (1)
Guidance on how to determine the
target time to rebuild a stock; (2) action
to take at the end of a rebuilding plan
if a stock is no longer overfished, but
not rebuilt yet; (3) the definition of
several components of MSY; and (4)
exceptions to the requirement to prevent
overfishing. The four issues listed above
contain different wording in the 2008
proposed rule. The remaining issues in
the 2005 proposed rule are not covered
in the 2008 proposed rule. NMFS’
priority is to develop guidance on ACLs
and AMs and make other related
changes in the NS1 guidelines as soon
as possible, given the MSRA statutory
requirements to use ACLs and AMs to
end overfishing in 2010, and prevent
overfishing beginning in 2011. Thus,
NMFS’ new proposed revisions to the
NS1 guidelines published in the Federal
Register on June 9, 2008 (73 FR 32526)
focus on changes needed to address
ACLs and AMs and other new MSRA
requirements, and NMFS is
withdrawing the 2005 proposed rule.
The proposed revisions contained in
the 2005 proposed rule that are not
addressed in the 2008 proposed rule are
not critical to accomplishing the new
MSRA requirements related to ending/
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
preventing overfishing and rebuilding
overfished stocks, and include:
• Renaming ‘‘minimum stock size
threshold’’ as ‘‘minimum biomass limit
(Blim)’’;
• Renaming ‘‘maximum fishing
mortality threshold (MFMT)’’ as
‘‘maximum fishing mortality limit’’;
• Renaming ‘‘overfished’’ as
‘‘depleted’’;
• Specifying that FMPs may be
revised so that species/stocks may be
classified as ‘‘core stocks’’ or stocks
falling within a ‘‘stock assemblage’’;
• Specifying that Blim should equal
one-half of the biomass that produces
MSY (Bmsy) as a default value and
clarifying when exceptions greater than
or less than the 1/2 Bmsy value are
appropriate for Blim;
• Revising the maximum rebuilding
time horizon formula to remove the
discontinuity that results from the
formula in the current guidelines;
• Establishing a default value for the
target time for rebuilding that equals a
time value halfway between minimum
time to rebuild (Tmin) and maximum
time to rebuild (Tmax);
• Using MFMT to determine when a
stock is rebuilt if the stock’s Bmsy and
Tmin are not known;
• Establishing guidance for how to
revise rebuilding plans when a
rebuilding plan has not shown adequate
progress as described under section
304(e)(7) of the Magnuson-Stevens Act;
and
• Revising the current requirement to
develop ‘‘target’’ (OY) control rules in
addition to limit (MSY) control rules
from ‘‘may’’ to ‘‘must.’’
Authority: 16 U.S.C 1801 et seq.
Dated: August 21, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–19874 Filed 8–26–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\27AUP1.SGM
27AUP1
]]>Agencies
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Proposed Rules]
[Pages 50585-50586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19874]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 071102640-8952-01]
RIN 0648-AQ63
Magnuson-Stevens Act Provisions; National Standard Guidelines
AGENCY: National Marine Fisheries Service (NMFS); National Oceanic and
Atmospheric Administration (NOAA); Commerce.
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: NMFS withdraws a proposed rule for revisions to National
Standard 1 (NS1) guidelines, which was published on June 22, 2005.
Instead of going forward with a final rule directly resulting from the
2005 proposed rule, NMFS published a new proposed rule for the NS1
guidelines in the Federal Register on June 9, 2008, to address new
provisions enacted in 2007 in the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act (MSRA). Because of new requirements
for annual catch limits (ACLs) and accountability measures (AMs), among
other things, NMFS decided that it was better to proceed with a new
proposed rule rather than try to revise a 3-year old action that
preceded the MSRA. The new proposed rule provides guidance on ACLs and
AMs and other requirements related to overfishing and rebuilding
overfished stocks in the National Standard 1 (NS1) guidelines.
DATES: This proposed rule is withdrawn on August 27, 2008.
FOR FURTHER INFORMATION CONTACT: Mark R. Millikin, Senior Fishery
Management Specialist, 301-713-2341, or via e-mail
mark.millikin@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 301(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) states
that any fishery management plan (FMP) prepared and any regulation
promulgated to implement such a plan shall be consistent with the ten
national standards described in that section. Section 301(b) states
that the Secretary of Commerce should establish advisory guidelines
(which shall not have the force and effect of law) based on the
national standards to assist in development of FMPs.
The guidelines for national standards of the Magnuson-Stevens Act
were last revised through a final rule published in the Federal
Register on May 1, 1998 (63
[[Page 50586]]
FR 24212), which brought them into conformance with the Sustainable
Fisheries Act of 1996. The May 1998 final rule revised the guidelines
for National Standards 1 (optimum yield), 2 (scientific information), 4
(allocations), 5 (efficiency), and 7 (costs and benefits) and added new
guidelines for National Standards 8 (communities), 9 (bycatch), and 10
(safety of life at sea).
National Standard 1 (NS1) states ``Conservation and management
measures shall prevent overfishing while achieving, on a continuing
basis, the optimum yield from each fishery for the United States
fishing industry.'' NMFS considered revising the NS1 guidelines when it
published an advance notice of proposed rulemaking in 2003 (68 FR 7492,
February 14, 2003), and a proposed rule in 2005 (70 FR 36240, June 22,
2005). NMFS received over 250,000 comments. NMFS reviewed all of the
comments, and the majority consisted of one of ten different form
letters, expressing concern that: (1) Overfishing is occurring for many
stocks, (2) many fish stocks are overfished, (3) oceans and fish stocks
are in trouble, and (4) at the rate fish stocks are being depleted,
there could be severe impacts on future generations of people who enjoy
eating fish. Almost all commenters stated that overfishing should be
ended immediately. NMFS decided not to publish a final rule directly
related to the 2005 proposed rule when it became clear that Congress
was preparing an amendment to the Magnuson-Stevens Act that seemed
likely to revise provisions related to overfishing and rebuilding
overfished stocks.
On January 12, 2007, President Bush signed into law the MSRA. MSRA
revised the Magnuson-Stevens Act by adding section 303(a)(15), which
requires that any FMP that is prepared by a regional fishery management
council or the Secretary shall: ``establish a mechanism for specifying
annual catch limits in the plan (including a multiyear plan),
implementing regulations, or annual specifications, at a level such
that overfishing does not occur in the fishery, including measures to
ensure accountability.'' Because of this new requirement to use ACLs
and AMs to end/prevent overfishing, NMFS published a proposed rule (73
FR 32526, June 9, 2008) emphasizing new recommendations and
requirements related to ACLs and AMs, as well as other issues related
to NS1 (especially related to rebuilding overfished fisheries and the
concepts of maximum sustainable yield (MSY) and optimum yield (OY)).
The 2008 proposed rule also contains guidance about four issues
contained in the 2005 proposed rule. The issues covered in the 2005
proposed rule, that are reconsidered in the 2008 proposed rule include:
(1) Guidance on how to determine the target time to rebuild a stock;
(2) action to take at the end of a rebuilding plan if a stock is no
longer overfished, but not rebuilt yet; (3) the definition of several
components of MSY; and (4) exceptions to the requirement to prevent
overfishing. The four issues listed above contain different wording in
the 2008 proposed rule. The remaining issues in the 2005 proposed rule
are not covered in the 2008 proposed rule. NMFS' priority is to develop
guidance on ACLs and AMs and make other related changes in the NS1
guidelines as soon as possible, given the MSRA statutory requirements
to use ACLs and AMs to end overfishing in 2010, and prevent overfishing
beginning in 2011. Thus, NMFS' new proposed revisions to the NS1
guidelines published in the Federal Register on June 9, 2008 (73 FR
32526) focus on changes needed to address ACLs and AMs and other new
MSRA requirements, and NMFS is withdrawing the 2005 proposed rule.
The proposed revisions contained in the 2005 proposed rule that are
not addressed in the 2008 proposed rule are not critical to
accomplishing the new MSRA requirements related to ending/preventing
overfishing and rebuilding overfished stocks, and include:
Renaming ``minimum stock size threshold'' as ``minimum
biomass limit (Blim)'';
Renaming ``maximum fishing mortality threshold (MFMT)'' as
``maximum fishing mortality limit'';
Renaming ``overfished'' as ``depleted'';
Specifying that FMPs may be revised so that species/stocks
may be classified as ``core stocks'' or stocks falling within a ``stock
assemblage'';
Specifying that Blim should equal one-half of
the biomass that produces MSY (Bmsy) as a default value and
clarifying when exceptions greater than or less than the 1/2
Bmsy value are appropriate for Blim;
Revising the maximum rebuilding time horizon formula to
remove the discontinuity that results from the formula in the current
guidelines;
Establishing a default value for the target time for
rebuilding that equals a time value halfway between minimum time to
rebuild (Tmin) and maximum time to rebuild
(Tmax);
Using MFMT to determine when a stock is rebuilt if the
stock's Bmsy and Tmin are not known;
Establishing guidance for how to revise rebuilding plans
when a rebuilding plan has not shown adequate progress as described
under section 304(e)(7) of the Magnuson-Stevens Act; and
Revising the current requirement to develop ``target''
(OY) control rules in addition to limit (MSY) control rules from
``may'' to ``must.''
Authority: 16 U.S.C 1801 et seq.
Dated: August 21, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-19874 Filed 8-26-08; 8:45 am]
BILLING CODE 3510-22-S
