Fisheries of the Northeastern United States; Northeast Multispecies; Amendment 17, 77200-77202 [2011-31813]
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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
requirements of S5.1 through S5.5.
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S5.1.3 * * *
(b) For mechanical keys and starting
systems, if the key is in the starting
system in a manner or position that
allows the engine or motor to be started
or to continue operating; or
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S5.4 Requirements for vehicles using
electronic codes to access the starting
system without physical connection
between the key and the vehicle.
S5.4.1 Propulsion system
deactivation
S5.4.1.1. For a vehicle equipped with
a propulsion system stop control that is
activated by the driver pressing on the
control—
(a) The vehicle’s propulsion system
must not stop until the control has been
depressed for more than 500
milliseconds.
(b) The propulsion system must shut
off within 1 second after the control is
first pressed.
(c) Restarting the propulsion system
after it has been stopped, but the vehicle
is still moving at more than 15 km/h
(9.3 mph), is permitted only by means
of actuating the control used by the
driver to start the propulsion system.
S5.4.2 Warnings to driver exiting a
vehicle with the gear selection control
not in ‘‘park,’’ for vehicles equipped
with a ‘‘park’’ position.
S5.4.2.1. Motor vehicles whose
transmissions have a ‘‘park’’ position
and whose starting system is accessed
by electronic key codes without any
physical connection between the key
and the vehicle shall meet the
requirements of S5.4.2.2 and S5.4.2.3.
S5.4.2.2 When tested in accordance
with S6.3.1, an audible alert of no less
than 85dBA between 500–3000 Hz must
sound when the driver actuates the stop
control while the gear selection control
is not in ‘‘park’’ and the vehicle is
moving at less than 15 km/h (9.3 mph).
This alert must continue until the gear
selection control is placed in ‘‘park’’.
The gear selection control must be
movable to the ‘‘park’’ position without
the restarting of the propulsion system.
S5.4.2.3. When tested in accordance
with S6.3.2, an audible alert of no less
than 85dBA between 500–3000 Hz,
measured outside the vehicle, must
sound when the door located closest to
the driver’s designated seating position
is opened while the gear selection
control is not in ‘‘park’’, the vehicle is
moving at less than 15 km/h (9.3 mph),
and the key code carrying device is not
present in the vehicle. This alert must
sound for 1 minute or until the gear
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selection control is moved to ‘‘park,’’
whichever occurs first. This alert is not
required to sound if the transmission
becomes locked in ‘‘park’’ as a direct
result of key removal upon door
opening, or upon removal of the key
code carrying device from the vehicle.
S5.5 Warning to driver exiting a
vehicle while propulsion system is
operating. When tested in accordance
with section S6.3.3, an audible alert of
no less than 85dBA between 500–3000
Hz, measured outside the vehicle, must
sound if, the propulsion system is
actuated, or capable of actuating
without reintroduction of the electronic
key code into the starting system, the
door located closest to the driver’s
designated seating position is opened,
and the key code carrying device is not
present in the vehicle. This alert must
sound for no less than 1 second.
S5.6 Owner’s manual required
language. In the vehicle’s owner’s
manual, the manufacturer must place
instructions regarding the operation of
the control(s) that starts and stops the
propulsion system. This language must
contain a warning that power assist to
steering and braking will be lost in the
event the propulsion system is shut
down while the vehicle is in motion.
There must be an explanation of how to
handle the vehicle safely in the event
power assist to steering and braking is
lost.
S6. Compliance test procedure.
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S6.2 Test procedure for vehicles
with transmissions with a ‘‘park’’
position.
*
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*
*
S6.3 Test procedures for vehicles
using electronic key codes with their
starting systems.
S6.3.1(a) Enter the vehicle with the
key code carrying device.
(b) Actuate the propulsion system
start control.
(c) Place the gear selection control in
any position except ‘‘park’’
(d) Activate the propulsion system
stop control.
(e) Verify that an alert sounds.
(f) Measure the sound level of this
alert at 740 mm above the driver’s seat.
(g) Verify that the sound level is no
less than 85dBA between 500–3000Hz.
(h) Move the gear selection control to
the ‘‘park’’ position.
(i) Verify that the alert stops.
S6.3.2 (a) Enter the vehicle with the
key code carrying device and sit in the
driver’s seat.
(b) Actuate the propulsion system
start control.
(c) Place the gear selection control in
any position except ‘‘park’’.
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(d) Actuate the propulsion system
stop control.
(e) Open the driver’s door, exit the
vehicle with the key code carrying
device and close the driver’s door.
(f) Verify that an alert can be heard
exterior to the vehicle.
(g) Verify the sound level of the alert
is no less than 85 dBA at 500–3000 Hz
measured 1 meter perpendicular to the
driver’s door and 1580 mm above the
ground.
(h) Without moving the gear selection
control to the ‘‘park’’ position, verify
that the alert continues to sound for 1
minute.
(i) Verify that the alert sounds until
the gear selection control is moved to
the ‘‘park’’ position.
S6.3.3 (a) Enter the vehicle with the
key code carrying device and sit in the
driver’s seat.
(b) Actuate the propulsion system
start control.
(c) Do not actuate the propulsion
system stop control.
(d) Open the driver’s door, exit the
vehicle with the key code carrying
device and close the driver’s door.
(e) Verify that an alert can be heard
exterior to the vehicle.
(f) Verify the sound level of the alert
is no less than 85 dBA at 500–3000 Hz
measured 1 meter perpendicular to the
driver’s door and 1580mm above the
ground.
(g) Verify that the alert continues to
sound for no less than 1 sec.
Issued on: December 1, 2011.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
[FR Doc. 2011–31441 Filed 12–9–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BB34
Fisheries of the Northeastern United
States; Northeast Multispecies;
Amendment 17
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: The New England Fishery
Management Council has submitted
Amendment 17 to the Northeast
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mstockstill on DSK4VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
Multispecies Fishery Management Plan
for review by the Secretary of
Commerce. NMFS is requesting
comments from the public on
Amendment 17, which was adopted by
the Council, including an
Environmental Assessment prepared by
NMFS, to explicitly define and facilitate
the effective operation of state-operated
permit banks.
DATES: Comments must be received on
or before February 10, 2012.
ADDRESSES: Copies of Amendment 17
are available on request from Paul J.
Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Newburyport, MA
01950. These documents are also
available online at https://
www.nefmc.org. You may submit
comments on this document, identified
by NOAA–NMFS–2011–0186, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter 0648–BB34 in the keyword
search. Locate the document you wish
to comment on from the resulting list
and click on the ‘‘Submit a Comment’’
icon on the right of that line.
• Mail: Submit written comments to
Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
NE Multispecies Amendment 17.’’
• Fax (978) 281–9135, Attn: William
Whitmore.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will 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 or Excel, WordPerfect, or Adobe
PDF file formats only.
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FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, (978) 281–9182; fax: (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
In 2009 and 2010, NOAA provided
nearly $6 million in funding through
Federal grants to the states of Maine,
New Hampshire, Massachusetts, and
Rhode Island for the express purpose of
establishing several ‘‘permit banks’’ of
Northeast (NE) multispecies fishing
vessel permits. The permit banks were
developed jointly by the states and
NMFS to help promote the effective
implementation of catch share programs
in New England and to mitigate some of
the potential adverse socio-economic
impacts to fishing communities and
small-scale fishing businesses. This
administrative action would amend the
NE Multispecies Fishery Management
Plan (FMP) to explicitly define and
facilitate the effective operation of stateoperated permit banks.
The intent of the permit bank program
is for states to use the funding to obtain
fishing vessel permits and then to
provide the fishing opportunities
associated with those permits, in the
form of an annual catch entitlement
(ACE) and/or days-at-sea, to qualified
fishermen. State-operated permit banks
are not recognized under the current
provisions of the NE Multispecies FMP,
and the only entities allocated and
authorized to transfer a sector’s ACE to
approved sectors are other approved
sectors. Currently, the only mechanism
available for a state-operated permit
bank to operate (i.e., transfer ACE to
fishermen in sectors) is for the permit
bank to either join an existing sector as
a member or to form a sector with other
permit holders. Both of these
mechanisms unnecessarily complicate
the operation of the state-operated
permit banks by imposing redundant
administrative requirements.
Amendment 17 would define a stateoperated permit bank as a permit
depository established through an
agreement between NOAA and one or
more states, in which Federal grant
funds are used by the state(s) to
establish a bank of Federal fishing
vessel permits so that the fishing access
privileges associated with those permits
may be allocated by the state(s) to
qualifying commercial fishermen and
sectors according to criteria to which
NOAA and the state(s) have agreed.
State-operated permit banks are subject
to U.S. Department of Commerce
regulations regarding program income,
such that any revenue generated by the
permit banks may only be used to defray
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Sfmt 4702
77201
the program costs of operating the
permit bank, or must be returned to the
Federal Government to reduce the
amount of the initial grant award.
Under this amendment, state-operated
permit banks would be allocated ACE
and specifically authorized to provide
that ACE to approved groundfish
sectors, and/or to provide days-at-sea
(DAS) to vessels for the purpose of
enhancing the fishing opportunities
available to sector members. Stateoperated permit banks must comply
with the terms and conditions of any
applicable Federal grant agreement (i.e.,
a Federal grant award provided to a
state for the purpose of establishing,
enhancing, or operating a permit bank),
as well as meet the requirements
specified in a memorandum of
agreement (MOA) established with
NMFS for administering the permit
bank.
Amendment 17 defines state-operated
permit banks as separate entities from
the groundfish sectors, and establishes
certain minimum criteria for these
newly defined entities in order to
qualify for the streamlined
administrative procedures described in
this amendment. This amendment is
primarily administrative in nature and
does not specifically establish or
authorize the formation of any stateoperated permit banks. Absent this
amendment, such permit banks would
remain free to form—subject to support
and funding from NOAA—and operate
to transfer ACE and/or DAS to sectors,
according to the terms and conditions
placed upon them by any NOAA grant
award and/or MOA signed with NMFS,
so long as they fully comply with the
administrative and procedural
requirements for groundfish sectors
currently established in the NE
Multispecies FMP.
Public comments are being solicited
on Amendment 17, including its
Environmental Assessment, through the
end of the comment period stated in this
notice of availability. A proposed rule
that would implement Amendment 17
will 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 17 to be
considered in the approval/disapproval
decision on the amendment. All
comments received by February 10,
2012, whether specifically directed to
Amendment 17 or the proposed rule for
Amendment 17, will be considered in
the approval/disapproval decision on
Amendment 17. Comments received
after that date will not be considered in
the decision to approve or disapprove
E:\FR\FM\12DEP1.SGM
12DEP1
77202
Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules
Amendment 17. To be considered,
comments must be received by close of
business on the last day of the comment
period.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 7, 2011.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–31813 Filed 12–9–11; 8:45 am]
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BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Proposed Rules]
[Pages 77200-77202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31813]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BB34
Fisheries of the Northeastern United States; Northeast
Multispecies; Amendment 17
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: The New England Fishery Management Council has submitted
Amendment 17 to the Northeast
[[Page 77201]]
Multispecies Fishery Management Plan for review by the Secretary of
Commerce. NMFS is requesting comments from the public on Amendment 17,
which was adopted by the Council, including an Environmental Assessment
prepared by NMFS, to explicitly define and facilitate the effective
operation of state-operated permit banks.
DATES: Comments must be received on or before February 10, 2012.
ADDRESSES: Copies of Amendment 17 are available on request from Paul J.
Howard, Executive Director, New England Fishery Management Council, 50
Water Street, Newburyport, MA 01950. These documents are also available
online at https://www.nefmc.org. You may submit comments on this
document, identified by NOAA-NMFS-2011-0186, by any of the following
methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter 0648-BB34 in the keyword search. Locate the
document you wish to comment on from the resulting list and click on
the ``Submit a Comment'' icon on the right of that line.
Mail: Submit written comments to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on NE Multispecies Amendment 17.''
Fax (978) 281-9135, Attn: William Whitmore.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will 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 or Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, (978) 281-9182; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
In 2009 and 2010, NOAA provided nearly $6 million in funding
through Federal grants to the states of Maine, New Hampshire,
Massachusetts, and Rhode Island for the express purpose of establishing
several ``permit banks'' of Northeast (NE) multispecies fishing vessel
permits. The permit banks were developed jointly by the states and NMFS
to help promote the effective implementation of catch share programs in
New England and to mitigate some of the potential adverse socio-
economic impacts to fishing communities and small-scale fishing
businesses. This administrative action would amend the NE Multispecies
Fishery Management Plan (FMP) to explicitly define and facilitate the
effective operation of state-operated permit banks.
The intent of the permit bank program is for states to use the
funding to obtain fishing vessel permits and then to provide the
fishing opportunities associated with those permits, in the form of an
annual catch entitlement (ACE) and/or days-at-sea, to qualified
fishermen. State-operated permit banks are not recognized under the
current provisions of the NE Multispecies FMP, and the only entities
allocated and authorized to transfer a sector's ACE to approved sectors
are other approved sectors. Currently, the only mechanism available for
a state-operated permit bank to operate (i.e., transfer ACE to
fishermen in sectors) is for the permit bank to either join an existing
sector as a member or to form a sector with other permit holders. Both
of these mechanisms unnecessarily complicate the operation of the
state-operated permit banks by imposing redundant administrative
requirements.
Amendment 17 would define a state-operated permit bank as a permit
depository established through an agreement between NOAA and one or
more states, in which Federal grant funds are used by the state(s) to
establish a bank of Federal fishing vessel permits so that the fishing
access privileges associated with those permits may be allocated by the
state(s) to qualifying commercial fishermen and sectors according to
criteria to which NOAA and the state(s) have agreed. State-operated
permit banks are subject to U.S. Department of Commerce regulations
regarding program income, such that any revenue generated by the permit
banks may only be used to defray the program costs of operating the
permit bank, or must be returned to the Federal Government to reduce
the amount of the initial grant award.
Under this amendment, state-operated permit banks would be
allocated ACE and specifically authorized to provide that ACE to
approved groundfish sectors, and/or to provide days-at-sea (DAS) to
vessels for the purpose of enhancing the fishing opportunities
available to sector members. State-operated permit banks must comply
with the terms and conditions of any applicable Federal grant agreement
(i.e., a Federal grant award provided to a state for the purpose of
establishing, enhancing, or operating a permit bank), as well as meet
the requirements specified in a memorandum of agreement (MOA)
established with NMFS for administering the permit bank.
Amendment 17 defines state-operated permit banks as separate
entities from the groundfish sectors, and establishes certain minimum
criteria for these newly defined entities in order to qualify for the
streamlined administrative procedures described in this amendment. This
amendment is primarily administrative in nature and does not
specifically establish or authorize the formation of any state-operated
permit banks. Absent this amendment, such permit banks would remain
free to form--subject to support and funding from NOAA--and operate to
transfer ACE and/or DAS to sectors, according to the terms and
conditions placed upon them by any NOAA grant award and/or MOA signed
with NMFS, so long as they fully comply with the administrative and
procedural requirements for groundfish sectors currently established in
the NE Multispecies FMP.
Public comments are being solicited on Amendment 17, including its
Environmental Assessment, through the end of the comment period stated
in this notice of availability. A proposed rule that would implement
Amendment 17 will 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 17 to be considered in the approval/disapproval decision on
the amendment. All comments received by February 10, 2012, whether
specifically directed to Amendment 17 or the proposed rule for
Amendment 17, will be considered in the approval/disapproval decision
on Amendment 17. Comments received after that date will not be
considered in the decision to approve or disapprove
[[Page 77202]]
Amendment 17. To be considered, comments must be received by close of
business on the last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 7, 2011.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-31813 Filed 12-9-11; 8:45 am]
BILLING CODE 3510-22-P
