Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Framework Adjustment 7, 74159-74160 [2012-30119]
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Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
List of Subjects in 49 CFR Part 571
Motor vehicle safety, Reporting and
recordkeeping requirements, Tires.
Regulatory Text
In consideration of the foregoing,
NHTSA proposes to amend 49 CFR part
571 as follows:
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
this chapter for data capture, § 563.10 of
this chapter for crash test performance
and survivability, and § 563.11 of this
chapter for information in owner’s
manual. Each manufacturer of a motor
vehicle equipped with an EDR shall
comply with the requirements of
§ 563.12 of this chapter for data retrieval
tools.
Issued on: December 7, 2012.
Christopher J. Bonanti,
Associate Administrator for Rulemaking.
1. The authority citation of part 571
continues to read as follows:
[FR Doc. 2012–30082 Filed 12–10–12; 4:15 pm]
Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at
49 CFR 1.95.
BILLING CODE 4910–59–P
2. Add § 571.405 to subpart B to read
as follows:
DEPARTMENT OF COMMERCE
wreier-aviles on DSK5TPTVN1PROD with
§ 571.405 Standard No. 405; Event data
recorders.
S1. Purpose and scope. This standard
specifies requirements for equipping
motor vehicles with event data
recorders (EDRs) and for the post-crash
survivability and retrievability of
onboard motor vehicle crash event data
to help ensure that EDRs record, in a
readily usable manner, data valuable for
effective crash investigations and for
analysis of safety equipment
performance (e.g., advanced restraint
systems). These data will help provide
a better understanding of the
circumstances in which crashes and
injuries occur. That understanding will
aid efforts to assess and address safety
problems in motor vehicles currently on
the road and to develop requirements
for safer motor vehicles in the future.
S2. Application. This standard
applies to passenger cars, multipurpose
passenger vehicles, trucks, and buses
that have a GVWR of 3,855 kg (8,500
pounds) or less and an unloaded vehicle
weight of 2,495 kg (5,500 pounds) or
less, and that are manufactured on or
after September 1, 2014, except for
walk-in van-type trucks or vehicles
designed to be sold exclusively to the
U.S. Postal Service.
S3. Definitions.
Event data recorder (EDR) means a
device or function in a vehicle that
records the vehicle’s dynamic timeseries data during the time period just
prior to a crash event (e.g., vehicle
speed vs. time) or during a crash event
(e.g., delta-V vs. time), intended for
retrieval after the crash event. For the
purposes of this definition, the event
data do not include audio and video
data.
S4. Requirements. Each vehicle shall
be equipped with an event data recorder
and meet the requirements of § 563.7 of
this chapter for data elements, § 563.8 of
this chapter for data format, § 563.9 of
VerDate Mar<15>2010
14:58 Dec 12, 2012
Jkt 229001
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121128658–2658–01]
RIN 0648–BC72
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Framework
Adjustment 7
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
NMFS proposes changing the
butterfish mortality cap on the longfin
squid fishery from a catch cap to a
discard cap in Framework Adjustment 7
to the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan,.
This action also proposes reducing the
butterfish mortality cap for the 2013
fishing year by 13 percent (from 4,500
mt to 3,915 mt) to exclude butterfish
landings that were previously included
in the butterfish mortality cap
allocation. The adjustment will
maintain the intended function of the
butterfish mortality cap by continuing to
limit butterfish discards in the longfin
squid fishery while accommodating a
potential directed butterfish fishery
during the 2013 fishing year.
DATES: Public comments must be
received on January 14, 2013.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Framework Document, the
Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA)
for Framework Adjustment 7, are
available from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
SUMMARY:
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
74159
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The Framework Document is also
accessible via the Internet at https://
www.nero.noaa.gov.
You may submit comments on this
document, identified by NOAA–NMFS–
2012–0239, by any of the following
methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2012-0239, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
the Northeast Regional Office, 55 Great
Republic Dr, Gloucester, MA 01930.
Mark the outside of the envelope
‘‘Comments on MSB Framework
Adjustment 7.’’
• Fax: (978) 281–9135, Attn: Aja
Szumylo.
Instructions: 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 by NMFS. 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.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. 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, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Aja
Szumylo, Fishery Policy Analyst, 978–
281–9195, fax 978–281–9135.
SUPPLEMENTARY INFORMATION:
Background
The butterfish mortality cap on the
longfin squid fishery was implemented
on January 1, 2011, as part of
Amendment 10 to the Atlantic
Mackerel, Squid, and Butterfish (MSB)
Fishery Management Plan (FMP) (75 FR
11441, March 11, 2010) as a means of
reducing fishing mortality to the
butterfish stock. Butterfish discards in
the longfin squid fishery account for the
largest source of butterfish fishing
mortality. The cap currently limits
butterfish catch (both landings and
discards) on directed longfin squid
trips. The mortality cap accounts for
fishery behavior in which most
butterfish caught on a longfin squid trip
E:\FR\FM\13DEP1.SGM
13DEP1
wreier-aviles on DSK5TPTVN1PROD with
74160
Federal Register / Vol. 77, No. 240 / Thursday, December 13, 2012 / Proposed Rules
is discarded and only a small amount of
butterfish is landed, which has been the
case since 2002. However, in response
to new information that suggests
increased butterfish abundance, the
Council has recommended a much
higher butterfish quota for the 2013
fishing year, and the increased quota
would allow for a directed butterfish
fishery for the first time in recent years.
The butterfish mortality cap is
currently calculated by extrapolating
observed butterfish catch (landings and
discards) on longfin squid trips with an
observer aboard over all unobserved
longfin squid trips. All trips that land at
least 2,501 lb (1.13 mt) of longfin squid
are considered in the calculations for
the butterfish mortality cap. With
directed butterfish fishing, an observed
trip could land a very large amount of
butterfish and just enough longfin squid
to still be classified as a butterfish
mortality cap trip. This means that the
cap estimation would include a number
of trips that are not truly targeting
longfin squid. The most effective way to
address this without reclassifying what
constitutes a longfin squid trip (i.e.,
changing the 2,501-lb (1.13-mt)
threshold) is to account for only
discards of butterfish when determining
how much butterfish on that trip should
count against the mortality cap. To do
this, the observed rate of butterfish
catch (observed butterfish catch/kept all
on observed squid trips) would be
changed to the observed rate of
butterfish discards (observed butterfish
discards/kept all on observed trips),
where ‘‘kept all’’ is the retained catch of
all species on the trip.
Thus, Framework Adjustment 7
proposes to change the butterfish
mortality cap on the longfin squid
fishery from a catch cap to a discard
cap. If the Council specifies a butterfish
quota that does not accommodate a
directed fishery in future fishing years,
the butterfish mortality cap can be
reverted to a catch cap as part of the
specifications process.
This action would also reduce the
butterfish mortality cap for the 2013
fishing year by 13 percent (from 4,500
mt to 3,915 mt) to exclude butterfish
landings that were previously included
in the butterfish mortality cap
allocation. This reduction is based on
year-end butterfish mortality cap
analyses for the 2011 fishing year, in
which 13 percent of butterfish catch in
the cap was retained and 87 percent of
butterfish catch in the cap was
discarded. Although the total butterfish
mortality allocation will decrease, the
adjusted cap level is expected to
maintain overall butterfish mortality in
the longfin squid fishery.
VerDate Mar<15>2010
14:58 Dec 12, 2012
Jkt 229001
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Atlantic Mackerel, Squid, and
Butterfish FMP, other provision of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
As outlined in the preamble to this
proposed rule, Framework Adjustment 7
proposes to change the butterfish
mortality cap on the longfin squid
fishery from a catch cap to a discard
cap, and adjusts the 2013 cap allocation
to account for this change. The Council
conducted a comprehensive evaluation
of the potential socioeconomic impacts
of Framework Adjustment 7 in the
Framework Document (see ADDRESSES),
and determined that this rule will not
have a significant economic impact on
a substantial number of number entities.
While Framework Adjustment 7 adjusts
the butterfish mortality cap on the
longfin squid fishery by changing what
portion of butterfish mortality counts
towards the cap, and adjusts the
butterfish mortality cap level for the
2013 fishing year to account for the
change in the cap accounting, the action
does not establish annual catch limits
for butterfish or change the annual
allocation for any of the MSB species.
This action simply means that the cap
no longer limits butterfish landings on
longfin squid trips.
Assuming that a directed butterfish
fishery is allowed, that there is a market
for butterfish, and that vessels targeting
squid will continue to do so as they
have in past years (i.e. the nature of a
directed longfin squid trip does not
change), Framework Adjustment 7 will
have no impact on which vessels catch
butterfish, or what and what the overall
profit from butterfish will be for these
vessels. Under the existing butterfish
mortality cap (i.e. a butterfish mortality
cap that takes into account both
landings and discards), a vessel
targeting longfin squid that catches
butterfish incidentally will land
butterfish if there is some profit to be
made from the butterfish landings. The
same would occur under Framework
Adjustment 7, where only the butterfish
PO 00000
Frm 00040
Fmt 4702
Sfmt 9990
mortality cap only takes into account
discards. If butterfish landings occur
while a vessel is targeting longfin squid,
the vessel will likely land that butterfish
if there is some profit to be made from
the butterfish landings.
The economic impacts of the total
level of both butterfish landings and
discards for the 2013 fishing year is
unchanged by Framework Adjustment
7, and has already been analyzed in the
2013 MSB specifications. Further, the
body of permit holders that has the
potential to directly target butterfish is
unchanged by Framework Adjustment 7
alone. Under both the status quo
butterfish mortality cap and the discard
only mortality cap, the total level of
butterfish landings will be limited by
the previously analyzed butterfish
quota. The total allowed level of
butterfish discards in the longfin squid
fishery is capped through the butterfish
mortality cap on the longfin squid
fishery. Finally, the effects of a potential
closure of the longfin squid fishery
based on exceeding the butterfish
mortality cap is analyzed in MSB
Amendment 10, and the effects of the
specific cap level set for 2013 is
analyzed in 2013 MSB specifications.
Thus, there are no economic impacts to
evaluate. This action is only designed to
maintain the effective control of
butterfish mortality established in
Amendment 10 and the annual
specifications for the butterfish
mortality cap.
The Council-conducted analyses
identified 375 unique fishing entities
with limited access butterfish/longfin
squid permits, all of which were
determined to be small entities.
However, given the minor change
implemented by the proposed measure,
there are neither expected direct
economic or disproportionate impacts to
either small or large regulated entities,
given the aforementioned adjustment to
the butterfish mortality cap on the
longfin squid fishery process proposed
in Framework Adjustment 7. As a result,
an initial regulatory flexibility analysis
is not required and none has been
prepared. RFA analysis will be
conducted, as appropriate, for
subsequent actions that establish catch
limits for butterfish.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 10, 2012.
Alan Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–30119 Filed 12–12–12; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\13DEP1.SGM
13DEP1
]]>Agencies
[Federal Register Volume 77, Number 240 (Thursday, December 13, 2012)]
[Proposed Rules]
[Pages 74159-74160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30119]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 121128658-2658-01]
RIN 0648-BC72
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Framework Adjustment 7
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes changing the butterfish mortality cap on the
longfin squid fishery from a catch cap to a discard cap in Framework
Adjustment 7 to the Atlantic Mackerel, Squid, and Butterfish Fishery
Management Plan,. This action also proposes reducing the butterfish
mortality cap for the 2013 fishing year by 13 percent (from 4,500 mt to
3,915 mt) to exclude butterfish landings that were previously included
in the butterfish mortality cap allocation. The adjustment will
maintain the intended function of the butterfish mortality cap by
continuing to limit butterfish discards in the longfin squid fishery
while accommodating a potential directed butterfish fishery during the
2013 fishing year.
DATES: Public comments must be received on January 14, 2013.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Framework Document, the
Regulatory Impact Review (RIR)/Initial Regulatory Flexibility Analysis
(IRFA) for Framework Adjustment 7, are available from: Dr. Christopher
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 N. State Street, Dover, DE 19901. The Framework Document
is also accessible via the Internet at https://www.nero.noaa.gov.
You may submit comments on this document, identified by NOAA-NMFS-
2012-0239, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2012-0239, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to the Northeast Regional
Office, 55 Great Republic Dr, Gloucester, MA 01930. Mark the outside of
the envelope ``Comments on MSB Framework Adjustment 7.''
Fax: (978) 281-9135, Attn: Aja Szumylo.
Instructions: 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 by NMFS. 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.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. 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, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst,
978-281-9195, fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The butterfish mortality cap on the longfin squid fishery was
implemented on January 1, 2011, as part of Amendment 10 to the Atlantic
Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) (75
FR 11441, March 11, 2010) as a means of reducing fishing mortality to
the butterfish stock. Butterfish discards in the longfin squid fishery
account for the largest source of butterfish fishing mortality. The cap
currently limits butterfish catch (both landings and discards) on
directed longfin squid trips. The mortality cap accounts for fishery
behavior in which most butterfish caught on a longfin squid trip
[[Page 74160]]
is discarded and only a small amount of butterfish is landed, which has
been the case since 2002. However, in response to new information that
suggests increased butterfish abundance, the Council has recommended a
much higher butterfish quota for the 2013 fishing year, and the
increased quota would allow for a directed butterfish fishery for the
first time in recent years.
The butterfish mortality cap is currently calculated by
extrapolating observed butterfish catch (landings and discards) on
longfin squid trips with an observer aboard over all unobserved longfin
squid trips. All trips that land at least 2,501 lb (1.13 mt) of longfin
squid are considered in the calculations for the butterfish mortality
cap. With directed butterfish fishing, an observed trip could land a
very large amount of butterfish and just enough longfin squid to still
be classified as a butterfish mortality cap trip. This means that the
cap estimation would include a number of trips that are not truly
targeting longfin squid. The most effective way to address this without
reclassifying what constitutes a longfin squid trip (i.e., changing the
2,501-lb (1.13-mt) threshold) is to account for only discards of
butterfish when determining how much butterfish on that trip should
count against the mortality cap. To do this, the observed rate of
butterfish catch (observed butterfish catch/kept all on observed squid
trips) would be changed to the observed rate of butterfish discards
(observed butterfish discards/kept all on observed trips), where ``kept
all'' is the retained catch of all species on the trip.
Thus, Framework Adjustment 7 proposes to change the butterfish
mortality cap on the longfin squid fishery from a catch cap to a
discard cap. If the Council specifies a butterfish quota that does not
accommodate a directed fishery in future fishing years, the butterfish
mortality cap can be reverted to a catch cap as part of the
specifications process.
This action would also reduce the butterfish mortality cap for the
2013 fishing year by 13 percent (from 4,500 mt to 3,915 mt) to exclude
butterfish landings that were previously included in the butterfish
mortality cap allocation. This reduction is based on year-end
butterfish mortality cap analyses for the 2011 fishing year, in which
13 percent of butterfish catch in the cap was retained and 87 percent
of butterfish catch in the cap was discarded. Although the total
butterfish mortality allocation will decrease, the adjusted cap level
is expected to maintain overall butterfish mortality in the longfin
squid fishery.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provision of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
As outlined in the preamble to this proposed rule, Framework
Adjustment 7 proposes to change the butterfish mortality cap on the
longfin squid fishery from a catch cap to a discard cap, and adjusts
the 2013 cap allocation to account for this change. The Council
conducted a comprehensive evaluation of the potential socioeconomic
impacts of Framework Adjustment 7 in the Framework Document (see
ADDRESSES), and determined that this rule will not have a significant
economic impact on a substantial number of number entities. While
Framework Adjustment 7 adjusts the butterfish mortality cap on the
longfin squid fishery by changing what portion of butterfish mortality
counts towards the cap, and adjusts the butterfish mortality cap level
for the 2013 fishing year to account for the change in the cap
accounting, the action does not establish annual catch limits for
butterfish or change the annual allocation for any of the MSB species.
This action simply means that the cap no longer limits butterfish
landings on longfin squid trips.
Assuming that a directed butterfish fishery is allowed, that there
is a market for butterfish, and that vessels targeting squid will
continue to do so as they have in past years (i.e. the nature of a
directed longfin squid trip does not change), Framework Adjustment 7
will have no impact on which vessels catch butterfish, or what and what
the overall profit from butterfish will be for these vessels. Under the
existing butterfish mortality cap (i.e. a butterfish mortality cap that
takes into account both landings and discards), a vessel targeting
longfin squid that catches butterfish incidentally will land butterfish
if there is some profit to be made from the butterfish landings. The
same would occur under Framework Adjustment 7, where only the
butterfish mortality cap only takes into account discards. If
butterfish landings occur while a vessel is targeting longfin squid,
the vessel will likely land that butterfish if there is some profit to
be made from the butterfish landings.
The economic impacts of the total level of both butterfish landings
and discards for the 2013 fishing year is unchanged by Framework
Adjustment 7, and has already been analyzed in the 2013 MSB
specifications. Further, the body of permit holders that has the
potential to directly target butterfish is unchanged by Framework
Adjustment 7 alone. Under both the status quo butterfish mortality cap
and the discard only mortality cap, the total level of butterfish
landings will be limited by the previously analyzed butterfish quota.
The total allowed level of butterfish discards in the longfin squid
fishery is capped through the butterfish mortality cap on the longfin
squid fishery. Finally, the effects of a potential closure of the
longfin squid fishery based on exceeding the butterfish mortality cap
is analyzed in MSB Amendment 10, and the effects of the specific cap
level set for 2013 is analyzed in 2013 MSB specifications. Thus, there
are no economic impacts to evaluate. This action is only designed to
maintain the effective control of butterfish mortality established in
Amendment 10 and the annual specifications for the butterfish mortality
cap.
The Council-conducted analyses identified 375 unique fishing
entities with limited access butterfish/longfin squid permits, all of
which were determined to be small entities. However, given the minor
change implemented by the proposed measure, there are neither expected
direct economic or disproportionate impacts to either small or large
regulated entities, given the aforementioned adjustment to the
butterfish mortality cap on the longfin squid fishery process proposed
in Framework Adjustment 7. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared. RFA
analysis will be conducted, as appropriate, for subsequent actions that
establish catch limits for butterfish.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 10, 2012.
Alan Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-30119 Filed 12-12-12; 8:45 am]
BILLING CODE 3510-22-P
