Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2009, 58898-58899 [E8-23874]

Download as PDF 58898 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations (3) Folding, removable, and adjustable seats are measured in the configuration that results in the single largest maximum seating surface width. 5. Section 571.210 is amended by revising S4.3.2, S5.1, and the introductory text of S5.2 to read as follows: ■ § 571.210 Standard No. 210; Seat belt assembly anchorages dwashington3 on PRODPC61 with RULES * * * * * S4.3.2 Seat belt anchorages for the upper torso portion of Type 2 seat belt assemblies. Adjust the seat to its full rearward and downward position and adjust the seat back to its most upright position. With the seat and seat back so positioned, as specified by subsection (a) or (b) of this section, the upper end of the upper torso restraint shall be located within the acceptable range shown in Figure 1, with reference to a two-dimensional drafting template described in Society of Automotive Engineers (SAE) Standard J826, revised May 1987, ‘‘Devices for Use in Defining and Measuring Vehicle Seating Accommodation’’ (incorporated by reference, see § 571.5). The template’s ‘‘H’’ point shall be at the design ‘‘H’’ point of the seat for its full rearward and full downward position, as defined in Society of Automotive Engineers (SAE) Recommended Practice J1100, revised June 1984, ‘‘Motor Vehicle Dimensions’’ (incorporated by reference, see § 571.5), and the template’s torso line shall be at the same angle from the vertical as the seat back. (a) For fixed anchorages, compliance with this section shall be determined at the vertical centerline of the bolt holes or, for designs using another means of attachment to the vehicle structure, at the centroid of such means. (b) For adjustable anchorages, compliance with this section shall be determined at the midpoint of the range of all adjustment positions. * * * * * S5.1 Seats with Type 1 or Type 2 seat belt anchorages. With the seat in its rearmost position, apply a force of 22,241 N in the direction in which the seat faces to a pelvic body block as described in Figure 2A, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane perpendicular to the longitudinal centerline of the vehicle for side facing seats, with an initial force application angle of not less than 5 degrees or more than 15 degrees above the horizontal. Apply the force at the onset rate of not more than 222,411 N per second. Attain the 22,241 N force in not more than 30 seconds and VerDate Aug<31>2005 14:27 Oct 07, 2008 Jkt 217001 maintain it for 10 seconds. At the manufacturer’s option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. S5.2 Seats with Type 2 or automatic seat belt anchorages. With the seat in its rearmost position, apply forces of 13,345 N in the direction in which the seat faces simultaneously to a pelvic body block, as described in Figure 2A, and an upper torso body block, as described in Figure 3, in a plane parallel to the longitudinal centerline of the vehicle for forward and rear facing seats, and in a plane perpendicular to the longitudinal centerline of the vehicle for side facing seats, with an initial force application angle of not less than 5 degrees nor more than 15 degrees above the horizontal. Apply the forces at the onset rate of not more than 133,447 N per second. Attain the 13,345 N force in not more than 30 seconds and maintain it for 10 seconds. At the manufacturer’s option, the pelvic body block described in Figure 2B may be substituted for the pelvic body block described in Figure 2A to apply the specified force to the center set(s) of anchorages for any group of three or more sets of anchorages that are simultaneously loaded in accordance with S4.2.4 of this standard. * * * * * Issued: October 1, 2008. David Kelly, Acting Administrator. [FR Doc. E8–23577 Filed 10–7–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070717342–7713–02] RIN 0648–XJ86 Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam Size Limit for Fishing Year 2009 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Temporary rule; suspension of the Atlantic surfclam minimum size limit. ACTION: SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (120 mm) for Atlantic surfclams for the 2009 fishing year. This action is taken under the authority of the implementing regulations for this fishery, which allow for the annual suspension of the minimum size limit based upon set criteria. The intended effect is to relieve the industry from a regulatory burden that is not necessary, as the majority of surfclams harvested are larger than the minimum size limit. DATES: Effective January 1, 2009, through December 31, 2009. ADDRESSES: Written inquiries may be sent to; Regional Administrator, National Marine Fisheries Service, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930–2298. FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management Specialist, (978) 281–9177; fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations implementing the Fishery Management Plan (FMP) for the Atlantic Surfclam and Ocean Quahog Fisheries allows the Administrator, Northeast Region, NMFS (Regional Administrator) to suspend annually, by publication of a notification in the Federal Register, the minimum size limit for Atlantic surfclams. This action may be taken unless discard, catch, and biological sampling data indicate that 30 percent of the Atlantic surfclam resource is smaller than 4.75 inches (120 mm) and the overall reduced size is not attributable to harvest from beds where growth of the individual clams has been reduced because of density-dependent factors. At its June 2008 meeting, the MidAtlantic Fishery Management Council voted to recommend that the Regional Administrator suspend the minimum size limit for the 2009 fishing year. In accordance with the provisions of the FMP, the Regional Administrator will publish the suspension of the surfclam minimum size if the proportion of undersized surfclams is under 30 percent of the total surfclam landings for each fishing year. Commercial surfclam data for 2008 were analyzed to determine the percentage of surfclams that were smaller than the minimum size requirement. The analysis indicated that 2.83–percent of the overall commercial landings were composed of surfclams E:\FR\FM\08OCR1.SGM 08OCR1 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations that were less than 4.75 inches (120 mm). Based on these data, the Regional Administrator adopts the Council’s recommendation and suspends the minimum size limit for Atlantic surfclams from January 1 through December 31, 2009. Classification This action is authorized by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 3, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–23874 Filed 10–7–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XL00 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. dwashington3 on PRODPC61 with RULES AGENCY: SUMMARY: NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 5, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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. VerDate Aug<31>2005 14:27 Oct 07, 2008 Jkt 217001 The 2008 TAC of northern rockfish in the Western Regulatory Area of the GOA is 2,141 metric tons (mt) as established by the 2008 and 2009 harvest specifications for groundfish of the GOA (73 FR 10562, February 27, 2008). The fishery was closed on July 7, 2008 (73 FR 39626 July 2, 2008) and reopened on July 14, 2008 (73 FR 40765, July 10, 2008). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 TAC of northern rockfish in the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 2,121 mt, and is setting aside the remaining 20 mt as bycatch to support other anticipated groundfish fisheries. 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 northern rockfish in the Western Regulatory Area of the 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 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 northern rockfish in the Western Regulatory Area of 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 October 2, 2008. 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 § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 58899 Dated: October 3, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–23876 Filed 10–3–08; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673–8011–02] RIN 0648–XK99 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 in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of Atka mackerel in the Central Aleutian District of the BSAI allocated to vessels participating in the BSAI trawl limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 3, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2008 Atka mackerel TAC in the Central Aleutian District allocated to vessels participating in the BSAI trawl limited access fishery was established as 434 metric tons (mt) by the final 2008 and 2009 harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008), reallocation (73 FR E:\FR\FM\08OCR1.SGM 08OCR1

Agencies

[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Pages 58898-58899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23874]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070717342-7713-02]
RIN 0648-XJ86


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam 
Size Limit for Fishing Year 2009

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

ACTION: Temporary rule; suspension of the Atlantic surfclam minimum 
size limit.

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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (120 mm) 
for Atlantic surfclams for the 2009 fishing year. This action is taken 
under the authority of the implementing regulations for this fishery, 
which allow for the annual suspension of the minimum size limit based 
upon set criteria. The intended effect is to relieve the industry from 
a regulatory burden that is not necessary, as the majority of surfclams 
harvested are larger than the minimum size limit.

DATES: Effective January 1, 2009, through December 31, 2009.

ADDRESSES: Written inquiries may be sent to; Regional Administrator, 
National Marine Fisheries Service, Northeast Regional Office, One 
Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management 
Specialist, (978) 281-9177; fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations 
implementing the Fishery Management Plan (FMP) for the Atlantic 
Surfclam and Ocean Quahog Fisheries allows the Administrator, Northeast 
Region, NMFS (Regional Administrator) to suspend annually, by 
publication of a notification in the Federal Register, the minimum size 
limit for Atlantic surfclams. This action may be taken unless discard, 
catch, and biological sampling data indicate that 30 percent of the 
Atlantic surfclam resource is smaller than 4.75 inches (120 mm) and the 
overall reduced size is not attributable to harvest from beds where 
growth of the individual clams has been reduced because of density-
dependent factors.
    At its June 2008 meeting, the Mid-Atlantic Fishery Management 
Council voted to recommend that the Regional Administrator suspend the 
minimum size limit for the 2009 fishing year. In accordance with the 
provisions of the FMP, the Regional Administrator will publish the 
suspension of the surfclam minimum size if the proportion of undersized 
surfclams is under 30 percent of the total surfclam landings for each 
fishing year.
    Commercial surfclam data for 2008 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 2.83-percent of the overall 
commercial landings were composed of surfclams

[[Page 58899]]

that were less than 4.75 inches (120 mm). Based on these data, the 
Regional Administrator adopts the Council's recommendation and suspends 
the minimum size limit for Atlantic surfclams from January 1 through 
December 31, 2009.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: October 3, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23874 Filed 10-7-08; 8:45 am]
BILLING CODE 3510-22-S