Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1, 20448-20449 [E9-10181]
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Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
do not find the concept of early
compliance with an updated list to be
without merit.6 Moreover, flexibility in
setting a period in which manufacturers
may use either of two lists would enable
NHTSA to better manage the resources
of its enforcement program. Given the
spectrum of potential reasons the
appendix might be changed, we do not
agree on the appropriateness of
standardizing a set lead time period of
five years for all future updates of the
appendix.
In reviewing the petition, we have
noted that the agency’s views
concerning the appropriate lead time for
Appendix A amendments have changed
over the years. Originally, at the time of
the Advanced Air Bag rule the agency
had generally envisioned providing only
a one-year lead time for amendments to
the appendix (66 FR at 65390). A short
time later, in recognition that vehicle
manufacturers need to know what CRSs
are included in the appendix as they
design new model vehicles, NHTSA
said that any changes to Appendix A
will be effective for the next model year
introduced one year after publication of
the final rule modifying the appendix
(68 FR at 65188). More recently, based
in part on more experience with the
capabilities of advanced air bag sensing
systems recognizing CRSs in the field,
in the November 2008 final rule the
agency adopted a lead time schedule
that allowed extra flexibility for
completing certification, permitting a
phase-in to assist in the transition from
the CRSs in Appendix A to those in
Appendix A–1. In doing so, the agency
exercised its ability and willingness to
achieve a balance between keeping
advanced air bag sensing systems
current and lessening the certification
testing burdens on the vehicle
manufacturers.
In future rulemakings on the
appendix, we intend to continue the
approach taken in the November 2008
final rule that established an
implementation date for the new edition
of Appendix A (A–1) based on the
unique circumstances of the particular
rulemaking. We believe that there no
longer is a need to have a set one-year
lead time for any amendment to the
appendix; we believe, moreover, that a
determination of lead time is best made
within the context of the rulemaking
that would amend the appendix, taking
into account the circumstances involved
6 Early compliance is permitted in the November
2008 Final Rule with an effective date of January
12, 2009. Furthermore, during the production year
beginning September 1, 2009, a manufacturer may
certify any percentage above 50 percent of their
production to Appendix A–1 and the remainder to
Appendix A.
VerDate Nov<24>2008
15:06 May 01, 2009
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in the particular rulemaking action.
While a lead time of five years may be
too long for an Appendix A rulemaking
in the future, a lead time of just one year
may be inappropriate under the
circumstances surrounding the
rulemaking. In addition, we will also
consider the need for the allowance of
early and/or phased compliance with a
new list against the burden to the
agency of maintaining two lists. The
agency will address the lead time and
early/phased compliance needs and
concerns for future Appendix A
amendments on a rulemaking-byrulemaking basis, within the notice and
comment rulemaking forum appropriate
for making those decisions.
IV. Conclusion
NHTSA will continue its process of
reviewing the appendix annually to
minimize problems with CRS
availability and to identify emerging
trends in CRS design characteristics.
Although NHTSA will review Appendix
A annually, we will not necessarily
amend Appendix A annually. We will
make the determination of whether to
engage in rulemaking by considering
information such as the factors
discussed in the 2003 final rule,
including emerging design trends or
safety issues that may arise. To the
extent that the Alliance requested that
the agency commit to a 3-year timeframe
for amending Appendix A, we are
denying that request. NHTSA is also
denying the Alliance’s request to allow
certification to any version of Appendix
A for a fixed five-year time period after
a new edition of Appendix A becomes
effective. We believe that the agency
should maintain its ability to make the
determination of lead time in the
context of the Appendix A rulemaking
proceedings.
In accordance with 49 CFR part 552,
this completes the agency’s review of
the petition. The agency has concluded
that there is no reasonable possibility
that the amendment requested by the
petitioner would be issued at the
conclusion of the rulemaking
proceeding. Accordingly, the petition is
denied.
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30166; delegation of authority at
49 CFR 1.50.
Issued on: April 28, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–10098 Filed 5–1–09; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–AS25
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Tilefish;
Amendment 1
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of a
fishery management plan amendment;
request for comments.
SUMMARY: NMFS announces that the
Mid-Atlantic Fishery Management
Council (Council) has submitted
Amendment 1 to the Tilefish Fishery
Management Plan (FMP) (Amendment
1), incorporating the Final
Environmental Impact Statement (FEIS)
and the Initial Regulatory Flexibility
Analysis (IRFA), for review by the
Secretary of Commerce. NMFS is
requesting comments from the public on
Amendment 1. The proposed measures
in Amendment 1 would address issues
and problems that have been identified
since the FMP was first implemented.
These measures are considered a means
to achieve the management objectives of
the FMP, and include measures to
implement an IFQ program.
DATES: Comments must be received on
or before July 6, 2009.
ADDRESSES: An FEIS was prepared for
Amendment 1 that describes the
proposed action and its alternatives and
provides a thorough analysis of the
impacts of proposed measures and their
alternatives. Copies of Amendment 1,
including the FEIS and the IRFA, are
available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South New
Street, Dover, DE 19904–6790. You may
submit comments, identified by 0648–
AS25, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Timothy
Cardiasmenos.
• Mail: Regional Administrator,
NMFS, Northeast Regional Office, 55
Great Republic Drive, Gloucester, MA
01930. Mark the outside of the
E:\FR\FM\04MYP1.SGM
04MYP1
Federal Register / Vol. 74, No. 84 / Monday, May 4, 2009 / Proposed Rules
envelope, ‘‘Comments on Tilefish
Amendment 1.’’
Instructions: All comments received
are a part of the public record and will
generally beposted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Timothy Cardiasmenos, Fishery Policy
Analyst, phone 978–281–9204, fax 978–
281–9135.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with PROPOSALS
Background
In March 2004, the Council began the
development of Amendment 1 to the
FMP to evaluate alternatives for a
limited access privilege program and
other measures for limited access
vessels. The Council held 17 public
meetings on Amendment 1 between
March 2004 and April 2008. After
considering a wide range of issues,
alternatives, and public input, the
Council submitted a draft
environmental impact statement (DEIS)
for Amendment 1 to NMFS. The notice
of availability for the DEIS published in
the Federal Register on December 28,
2007 (72 FR 73798). Following the
public comment period on the DEIS that
ended on February 11, 2008, the
VerDate Nov<24>2008
15:06 May 01, 2009
Jkt 217001
Council adopted Amendment 1 on April
10, 2008. Amendment 1 was developed
and adopted by the Council in response
to the requirements of the MagnusonStevens Fishery Conservation and
Management Act and other applicable
law. Amendment 1 management
measures were developed by the
Council and would: (1) Implement an
Individual Fishing Quota (IFQ) program;
(2) establish IFQ transferability of
ownership; (3) establish a cap on the
acquisition of IFQ allocation (temporary
and permanent); (4) address fees and
cost recovery; (5) establish flexibility to
revise/adjust the IFQ program; (6)
establish IFQ reporting requirements; (7)
modify the Interactive Voice Response
(IVR) reporting requirements; (8)
implement recreational permits and
reporting requirements; (9) improve
monitoring of tilefish commercial
landings; (10) expand the list of
management measures that can be
adjusted via the framework adjustment
process; (11) modify the Essential Fish
Habitat (EFH) designation; (12) modify
the habitat areas of particular concern
(HAPC) designation; and (13)
implement measures to reduce gear
impacts on EFH within the Exclusive
Economic Zone. The proposed IFQ
program measures are intended to
reduce overcapacity in the commercial
fishery, and to eliminate, to the extent
possible, problems associated with a
derby-style fishery. Amendment 1 also
would create a tilefish open access
Charter/Party permit, which would
require reporting by the recreational
component of the fishery. When the
original FMP was instituted in 2001, the
recreational component of the fishery
was believed to be small. However,
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20449
anecdotal evidence suggests that in
recent years the recreational component
of the fishery may have grown. The
tilefish open access Charter/Party
permit would provide NMFS with the
ability to collect landings information
on this component of the fishery in
order to properly assess the health of the
stock.
Public comments are being solicited
on Amendment 1, and its incorporated
documents, through the end of the
comment period stated in this notice of
availability. A proposed rule that would
implement Amendment 1 will also be
published in the Federal Register for
public comment. Public comments on
the proposed rule must be received by
the end of the comment period provided
in this notice of availability of
Amendment 1 to be considered in the
approval/disapproval decision on the
amendment. All comments received by
July 6, 2009, whether specifically
directed to Amendment 1, or to the
proposed rule for Amendment 1, will be
considered in the approval/disapproval
decision on Amendment 1. Comments
received after that date will not be
considered in the decision to approve or
disapprove Amendment 1. To be
considered, comments must be received
by the close of business on the last day
of the comment period; that does not
mean postmarked or otherwise
transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 29, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–10181 Filed 5–1–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 84 (Monday, May 4, 2009)]
[Proposed Rules]
[Pages 20448-20449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10181]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AS25
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Tilefish;
Amendment 1
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of a fishery management plan amendment;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management
Council (Council) has submitted Amendment 1 to the Tilefish Fishery
Management Plan (FMP) (Amendment 1), incorporating the Final
Environmental Impact Statement (FEIS) and the Initial Regulatory
Flexibility Analysis (IRFA), for review by the Secretary of Commerce.
NMFS is requesting comments from the public on Amendment 1. The
proposed measures in Amendment 1 would address issues and problems that
have been identified since the FMP was first implemented. These
measures are considered a means to achieve the management objectives of
the FMP, and include measures to implement an IFQ program.
DATES: Comments must be received on or before July 6, 2009.
ADDRESSES: An FEIS was prepared for Amendment 1 that describes the
proposed action and its alternatives and provides a thorough analysis
of the impacts of proposed measures and their alternatives. Copies of
Amendment 1, including the FEIS and the IRFA, are available from Daniel
Furlong, Executive Director, Mid-Atlantic Fishery Management Council,
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. You may submit comments, identified by 0648-AS25, by any one of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Timothy Cardiasmenos.
Mail: Regional Administrator, NMFS, Northeast Regional
Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside
of the
[[Page 20449]]
envelope, ``Comments on Tilefish Amendment 1.''
Instructions: All comments received are a part of the public record
and will generally beposted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Timothy Cardiasmenos, Fishery Policy
Analyst, phone 978-281-9204, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
In March 2004, the Council began the development of Amendment 1 to
the FMP to evaluate alternatives for a limited access privilege program
and other measures for limited access vessels. The Council held 17
public meetings on Amendment 1 between March 2004 and April 2008. After
considering a wide range of issues, alternatives, and public input, the
Council submitted a draft environmental impact statement (DEIS) for
Amendment 1 to NMFS. The notice of availability for the DEIS published
in the Federal Register on December 28, 2007 (72 FR 73798). Following
the public comment period on the DEIS that ended on February 11, 2008,
the Council adopted Amendment 1 on April 10, 2008. Amendment 1 was
developed and adopted by the Council in response to the requirements of
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable law. Amendment 1 management measures were developed by the
Council and would: (1) Implement an Individual Fishing Quota (IFQ)
program; (2) establish IFQ transferability of ownership; (3) establish
a cap on the acquisition of IFQ allocation (temporary and permanent);
(4) address fees and cost recovery; (5) establish flexibility to
revise/adjust the IFQ program; (6) establish IFQ reporting
requirements; (7) modify the Interactive Voice Response (IVR) reporting
requirements; (8) implement recreational permits and reporting
requirements; (9) improve monitoring of tilefish commercial landings;
(10) expand the list of management measures that can be adjusted via
the framework adjustment process; (11) modify the Essential Fish
Habitat (EFH) designation; (12) modify the habitat areas of particular
concern (HAPC) designation; and (13) implement measures to reduce gear
impacts on EFH within the Exclusive Economic Zone. The proposed IFQ
program measures are intended to reduce overcapacity in the commercial
fishery, and to eliminate, to the extent possible, problems associated
with a derby-style fishery. Amendment 1 also would create a tilefish
open access Charter/Party permit, which would require reporting by the
recreational component of the fishery. When the original FMP was
instituted in 2001, the recreational component of the fishery was
believed to be small. However, anecdotal evidence suggests that in
recent years the recreational component of the fishery may have grown.
The tilefish open access Charter/Party permit would provide NMFS with
the ability to collect landings information on this component of the
fishery in order to properly assess the health of the stock.
Public comments are being solicited on Amendment 1, and its
incorporated documents, through the end of the comment period stated in
this notice of availability. A proposed rule that would implement
Amendment 1 will also be published in the Federal Register for public
comment. Public comments on the proposed rule must be received by the
end of the comment period provided in this notice of availability of
Amendment 1 to be considered in the approval/disapproval decision on
the amendment. All comments received by July 6, 2009, whether
specifically directed to Amendment 1, or to the proposed rule for
Amendment 1, will be considered in the approval/disapproval decision on
Amendment 1. Comments received after that date will not be considered
in the decision to approve or disapprove Amendment 1. To be considered,
comments must be received by the close of business on the last day of
the comment period; that does not mean postmarked or otherwise
transmitted by that date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 29, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E9-10181 Filed 5-1-09; 8:45 am]
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