13580 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 665 

[Docket No. FTA–2011–0015] 

RIN 2132–AB01 

Bus Testing; Calculation of Average 

Passenger Weight and Test Vehicle 

Weight 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Transit 

Administration (FTA) is proposing to 

amend its bus testing regulation to more 

accurately reflect average passenger 

weights and actual transit vehicle loads. 

Specifically, FTA is proposing to change 

the average passenger weight from 150 

lbs to 175 lbs. In addition, FTA is 

proposing to change the floor space 

occupied per standing passenger from 

1.5 to 1.75 square feet, and updating the 

Structural Strength and Distortion test 

procedures. 

DATES: Comments must be received no 

later than May 13, 2011. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

(identified by the agency name and DOT 

Docket ID Number FTA–2011–0015) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: For 

technical information, Gregory Rymarz, 

Bus Testing Program Manager, Office of 

Research, Demonstration, and 

Innovation (TRI), (202) 366–6410, 

gregory.rymarz@dot.gov. For legal 

information, Richard Wong, Office of 

the Chief Counsel (TCC), (202) 366– 

0675, richard.wong@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Transit Administration 

(FTA) is issuing a Notice of Proposed 

Rulemaking (NPRM) to update its bus 

testing protocols to carry out the bus 

testing program authorized at 49 U.S.C. 

5318 and implemented by 49 CFR part 

665. On October 5, 2009, FTA published 

a Final Rule in the Federal Register (74 

FR 51083) that incorporated brake 

performance and emissions tests into 

FTA’s bus testing program as required 

by 49 U.S.C. 5318, as well as several 

other non-statutory changes that will 

improve the program, including the 

establishment of protocols to determine 

the appropriate loading of vehicles 

during test procedures and addressing 

buses that exceeded weight limits when 

fully loaded. 

During the comment period leading to 

the Final Rule, FTA received two 

comments outside the scope of the 

notice recommending that FTA increase 

the simulated ballast weight from the 

proposed 150 lbs per passenger 

provided in the definitions of ‘‘gross 

vehicle weight’’ and ‘‘seated load 

weight’’ (the value that had been in use 

since the beginning of the program) to 

an amount that more accurately reflects 

the changes to the average weight of 

Americans over the last several decades. 

FTA acknowledged that the suggestion 

was well taken, but noted that the 

establishment of a more accurate 

average passenger weight was of 

Department-wide interest, and 

committed itself to initiate a new 

rulemaking to amend Part 665 only after 

consultations within the Department. 

FTA has consulted within the 

Department, and as a result of those 

consultations, is issuing this NPRM. 

In its previous rulemaking action, 

FTA made note of the fact that a number 

of buses tested at the Bus Testing Center 

had not been tested in their fully loaded 

condition (i.e., with all seats and 

standee positions occupied) because 

doing so would have caused their actual 

weight to exceed either their gross 

vehicle weight ratings (GVWR) or a front 

or rear gross axle weight rating (GAWR). 

Instead, buses were loaded to the 

maximum weight rating and a notation 

was made in the vehicle’s final test 

report. 

In its earlier NPRM, FTA noted that 

the test data might not reflect the actual 

performance of these buses in real-life 

service, particularly during rush hour 

when operators frequently allow all 

seats and aisles to be filled without 

regard to the GVWR or GAWR to avoid 

leaving passengers behind at a stop. 

FTA sought comment on three possible 

approaches for addressing this situation: 

(1) Performing tests on the test track 

(which is not a public roadway) with all 

seats and standee positions ballasted, (2) 

deleting ballast until the vehicle does 

not exceed its GVWR and noting such 

fact in the test report (which had been 

the policy up to that time), or (3) 

declining to test a bus that exceeds its 

GAWR or GVWR when loaded to full 

capacity. 

FTA determined that declining to test 

a vehicle whose GVW exceeds its 

GVWR is impractical, noting that the 

entire purpose of the bus testing 

program is to carry out the statutory 

mandate of verifying that the bus can 

withstand the rigors of regular transit 

service, and testing a bus up to its 

GVWR but no higher, despite the 

inability to embark the equivalent of a 

full complement of passengers, is 

unrealistic and may not accurately 

reflect rush-hour operating conditions 

when every available seat is filled and 

drivers commonly allow ‘‘crush loads’’ 

of standees in the aisle. 

Under FTA’s revised testing protocol, 

buses are now ballasted with a fully 

loaded passenger complement of seated 

and standee passengers during the gross 

vehicle weight portion and with all 

seats filled during the seated load 

weight portion of the testing because 

FTA believes data on how a bus 

performs under fully loaded conditions 

is essential to the purchaser in 

supporting acquisition decisions, 

developing preventive maintenance 

schedules, and budgeting for 

unscheduled maintenance. In addition, 

purchasing a vehicle appropriate for 

actual operating conditions will lessen 

premature structural fatigue and assist 

in avoiding catastrophic failures caused 

by overstressed and overworked 

structural and operational components, 

ensuring the availability of such 

vehicles for passenger service. 

This NPRM is based on modern 

scientific data. FTA’s earlier selection of 

the 150 pound passenger weight 

assumption was based on the number 

established by FTA’s sister DOT mode, 

the National Highway Traffic Safety 

Administration (NHTSA), in its 

calculation of the Gross Vehicle Weight 

Rating at 49 CFR 567.4(g)(3). Although 

NHTSA did not provide an explanation 

for this figure in its 1971 rulemaking 

documents, NHTSA staff believes their 

average was based on data derived from 

the National Health Examination Survey 

for 1960–1962. That survey has been 

continued by the Centers for Disease 

Control and Prevention (CDC) through 

the National Health and Nutrition 

Examination Survey (NHANES). In its 

October 22, 2008, National Health 

Statistics Report (http://www.cdc.gov/ 

nchs/data/nhsr/nhsr010.pdf), the CDC’s 

National Center for Health Statistics 

calculated a mean average weight of 

194.7 pounds for male adults 20 years 

of age and older, and a median weight 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13581 

of 188.8 pounds. For women 20 years of 

age and older, the CDC calculated a 

mean weight of 164.7 pounds, and a 

median weight of 155.8 pounds. 

Based on the suggestions from the 

commenters and confirmation using the 

statistical NHANES data from the CDC, 

FTA believes that 175 pounds is an 

appropriate average weight to assume 

for testing buses. This is also within the 

range of average passenger weights used 

by other transportation modes with 

regulatory authority such as the Federal 

Aviation Administration’s 190 lb. 

summer weight and 195 lb. winter 

weight passenger weight averages (See, 

Advisory Circular 120–27E, ‘‘Aircraft 

Weight and Balance Control,’’ June 10, 

2005) and the United States Coast 

Guard’s 185 lb Assumed Average 

Weight Per Person (See, ‘‘Passenger 

Weight and Inspected Vessel Stability 

Requirements: Final Rule, 75 FR 78064, 

December 14, 2010). 

Because of the increase in passenger 

weight, FTA is also commensurately 

proposing to increase the assumed 

dimensions for a standing passenger 

from 1.5 square feet of free floor space 

to 1.75 square feet of free floor space to 

acknowledge the expanding girth of the 

average passenger. FTA also seeks 

comments on this figure. 

FTA wishes to emphasize that it is not 

proposing the increase to 175 pounds in 

order to ‘‘toughen’’ the testing protocol. 

Rather, this action is being proposed in 

order to ensure that the Bus Testing 

protocols better reflect the actual loads 

that buses are already carrying in 

service today. 

To avoid conflicts with NHTSA’s 

regulatory definition of gross vehicle 

weight in 49 CFR part 567 and 

elsewhere, FTA is proposing to remove 

the definition of ‘‘gross weight’’ or ‘‘gross 

vehicle weight’’ from the definitions in 

section 665.5 and inserting a new 

definition, ‘‘fully loaded weight,’’ which 

incorporates the heavier and wider 

dimensions of an average bus rider. FTA 

is also proposing to amend Appendix A, 

Section 5, replacing ‘‘gross weight’’ and 

‘‘gross vehicle weight’’ with ‘‘full load 

weight’’ when conducting the structural 

integrity portions of the test. 

Grandfathering 

Similar to the approach taken by FTA 

in the October 2009 Final Rule, FTA is 

proposing that the date on which a bus 

testing contract was signed will 

determine the applicability of the new 

testing procedures. New bus models for 

which testing contracts were signed 

before the effective date of the final rule 

and that continue to be produced 

without major changes in any structure 

or systems will not be required to return 

to the Bus Testing Center to undergo 

additional testing using the new fully 

loaded weight procedures. Buses 

required to undergo full or partial 

testing after the effective date would be 

subjected to the new procedures. 

Implementation Period 

FTA is proposing to delay the 

effective date of the final rule for one 

year after publication. FTA believes this 

will give bus manufacturers adequate 

time to review the advertised passenger 

capacities of their product lines, to 

identify chassis suitable for the 

advertised passenger loads, and if 

necessary to redesign their vehicles to 

reduce passenger capacity and/or 

accommodate a heavier-duty chassis. 

FTA seeks comment regarding the 

adequacy of the phase-in period. 

Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This rulemaking is issued under the 

authority of 49 U.S.C. 5318 and 49 

U.S.C. 1.51. 

B. Executive Order 13132: Federalism 

Executive Order 13132 requires 

agencies to assure meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that may have a substantial, 

direct effect on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. This action has 

been analyzed in accordance with the 

principles and criteria contained in 

Executive Order 13132, and FTA has 

determined that this action will not 

have sufficient federalism implications 

to warrant additional consultation. FTA 

has also determined that this action will 

not preempt any State law or State 

regulation or affect the States’ ability to 

discharge traditional governmental 

functions. 

C. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 requires 

agencies to assure meaningful and 

timely input from Indian tribal 

government representatives in the 

development of rules that ‘‘significantly 

or uniquely affect’’ Indian communities 

and that impose ‘‘substantial and direct 

compliance costs’’ on such 

communities. FTA has analyzed this 

action under Executive Order 13175 and 

believes that this will not have 

substantial, direct effects on one or more 

Indian tribes; will not impose 

substantial direct compliance costs on 

Indian tribal governments; and will not 

preempt tribal laws. Therefore, a tribal 

impact statement is not required. 

D. Regulatory Flexibility Act and 

Executive Order 13272: Proper 

Consideration of Small Entities in 

Agency Rulemaking 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq.) and 

Executive Order 13272, FTA must 

consider whether a proposed rule would 

have a significant economic impact on 

a substantial number of small entities. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations under 50,000. FTA 

does not expect this action will have a 

significant economic impact on a 

substantial number of small entities. 

E. Executive Orders and DOT 

Regulatory Policies and Procedures 

FTA has determined that this action 

is not considered a significant 

regulatory action under Executive Order 

12866 and the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11032). Executive 

Order 12866 requires agencies to 

regulate in the ‘‘most cost-effective 

manner,’’ to make a ‘‘reasoned 

determination that the benefits of the 

intended regulation justify its costs,’’ 

and to develop regulations that ‘‘impose 

the least burden on society.’’ Consistent 

with Executive Order 13563 (76 FR 

3821, January 21, 2011), FTA has 

assessed the benefits of the NPRM 

against potential costs, has attempted to 

minimize any potential economic 

burdens, has based its determination on 

modern scientific data, and provides 

flexibility and freedom of choice for the 

affected entities. 

The bus testing program itself is 

statutorily mandated and cannot be 

eliminated as a means of minimizing an 

economic burden. Under 49 U.S.C. 

5318, FTA funds may not be used to 

acquire a new bus until a bus of that 

model has completed testing at a 

statutorily prescribed facility, with 

approximately 15 to 20 new bus models 

completing testing every year. These 

buses are tested in 4-, 5-, 7-, 10-, or 12- 

year service life categories as set forth in 

49 CFR 665.11(e). In preparing this 

NPRM, FTA reviewed the data from ten 

recent test reports and found that one of 

the buses exceeded their GVWR at their 

seated load weight using either the 150 

pound figure or the 175 pound figure. 

When tested at the gross vehicle load, 

i.e., carrying a full complement of 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
13582 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

seated and standing passengers, five bus 

models would have exceeded their 

GVWR using the 150 pound figure, with 

two more exceeding the GVWR using 

the 175 pound figure. 

Testing buses using the 175 pound 

figure will not result in any mandatory 

additional costs on transit vehicle 

manufactures or the public transit 

operators that purchase such vehicles. 

Rather, FTA is attempting to modify its 

testing procedures to more accurately 

reflect a bus model’s expected usage 

based on demonstrable scientific data, 

namely, the 2008 CDC Report and the 

most recent bus testing reports. 

In addition to providing more 

accurate test data to assist buyers of 

public transit vehicles, the NPRM 

attempts to maximize flexibility and 

freedom of choice for transit operators 

who may refuse to carry standees to 

avoid exceeding a vehicle’s GVWR now 

that the vehicle’s carrying capacity has 

been identified in a test report, buyers 

may order vehicles with more durable 

components, or purchase a lighter-duty 

vehicle if they do not expect to carry 

capacity passenger loads. Transit 

vehicle manufactures similarly have the 

flexibility and freedom of choice to 

continue using the same components to 

meet buyers’ needs, or they may choose 

to upgrade individual components, such 

as chassis, wheels, tires, brakes, or 

suspensions. 

For those manufacturers that choose 

to upgrade their buses to a more robust 

configuration, FTA estimates the cost of 

upgrading a vehicle’s components could 

be as low as $2,500 per vehicle in the 

4- to 5-year paratransit-type vehicle 

categories, between $5,000 and $7,000 

in the minibus categories, to as high as 

$25,000 per vehicle in the 10- to 12-year 

full-size bus categories. But as noted 

above, any necessary upgrades are not 

mandated by the NPRM, but rather, 

would be negotiated between the buyer 

and the manufacturer. FTA notes that 

any cost increase due to a decision to 

upgrade components would be offset by 

FTA’s financial assistance program 

which covers at least 80% of a vehicle’s 

capital costs, minimizing any economic 

impact of this rulemaking on public 

transit vehicles manufacturers and their 

customers. 

This NPRM’s benefits outweigh 

potential costs because the new testing 

protocol will allow transit agencies to 

more accurately identify vehicles that 

are more likely to meet service life 

expectations, advertised passenger 

capacities, and actual loading 

conditions. The acquisition of sturdier 

vehicles will decrease maintenance and 

replacement costs, ensure that vehicles 

meet their anticipated service lives, and 

thereby enhance the availability and 

reliability of transit vehicles for the 

riding public. 

Although the result of this proposed 

rule may have the effect of encouraging 

transit agencies to modify their 

specifications on future procurements to 

reflect projected passenger loads or 

transit vehicle manufacturers to upgrade 

vehicle components to more accurately 

reflect advertised service loads, this 

proposed new testing procedure rule 

will affect only data collected for those 

vehicles procured with FTA financial 

assistance and will not directly affect 

vehicles acquired using private funds or 

funds from Federal agencies other than 

FTA, although non-FTA purchasers are 

likely to be indirect beneficiaries 

through reviewing the publiclyavailable bus testing reports prior to 

purchasing their vehicles and if vehicle 

manufacturers decide to use the FTA 

bus testing results as a basis to upgrade 

components across their full product 

line. 

This action is not expected to 

adversely affect any sector of the 

economy. In addition, these changes 

will not interfere with any action taken 

or planned by another agency and will 

not materially alter the budgetary 

impact of any entitlements, grants, user 

fees, or loan programs. 

F. Unfunded Mandates Reform Act of 

1995 

This action will not impose unfunded 

mandates as defined by the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 109 Stat. 48). This action rule 

will not result in the expenditure by 

State, local, and tribal governments, in 

the aggregate, or by the private sector, of 

$128.1 million or more in any one year 

(2 U.S.C. 1532). 

G. Executive Order 13211: Energy 

Effects 

FTA has analyzed this action under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use dated May 18, 2001, 

and determined that this is not a 

significant energy action under that 

order, because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects is not 

required. 

H. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to a collection of information 

unless it displays a valid OMB control 

number. This action does not propose 

any new information collection 

burdens. 

I. Regulation Identifier Number (RIN) 

The U.S. DOT assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulations. The 

Regulatory Information Service Center 

publishes the Unified Agenda in April 

and October of each year. The RIN 

number contained in the heading of this 

document may be used to crossreference this action with the Unified 

Agenda. 

J. Privacy Act 

Anyone is able to search the 

electronic form for all comments 

received into any of our dockets by the 

name of the individual submitting the 

comments (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

view the U.S. DOT Privacy Act 

Statement by visiting http:// 

docketsinfo.dot.gov/ or at 65 FR 19477 

(April 11, 2000). 

List of Subjects in 49 CFR Part 665 

Buses, Grant programs— 

transportation, Motor vehicle safety, 

Public transportation, Reporting and 

recordkeeping requirements. 

Accordingly, for the reasons stated in 

the preamble, 49 CFR part 665 is 

proposed to be amended as follows: 

PART 665—BUS TESTING 

1. The authority citation for part 665 

continues to read as follows: 

Authority: 49 U.S.C. 5318 and 49 CFR 1.51. 

2. Amend § 665.5 as follows: 

a. By removing the definition for 

Gross weight, also gross vehicle weight; 

b. In the definition of ‘‘Seated load 

weight’’ by removing ‘‘150 pounds of 

ballast’’ and adding in its place ‘‘175 

pounds of ballast’’; and 

c. By adding a definition for Fully 

loaded weight. 

The addition reads as follows: 

§ 665.5 Definitions. 

* * * * * 

Fully loaded weight means the curb 

weight of the bus plus passengers 

simulated by adding 175 pounds of 

ballast to each seating position and 175 

pounds for each standing position 

(assumed to be each 1.75 square foot of 

free floor space). 

* * * * * 

3. Amend Appendix A to part 665 by 

revising the introductory text and 

paragraphs a.(1) and (2) of section 5 to 

read as follows: 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13583 

Appendix A to Part 665—Tests To Be 

Performed at the Bus Testing Facility 

* * * * * 

5. Structural Integrity 

Two complementary structural integrity 

tests should be performed. Structural 

strength and distortion tests should be 

performed at the Bus Testing Center, and the 

structural durability test should be performed 

at the test track. 

a. Structural Strength and Distortion Tests 

(1) A shakedown of the bus structure 

should be conducted by loading and 

unloading the bus with a distributed load 

equal to 2.5 times the fully loaded weight. 

The bus should then be unloaded and 

inspected for any permanent deformation on 

the floor or coach structure. This test should 

be repeated a second time, and should be 

repeated up to one more time if the 

permanent deflections vary significantly 

between the first and second tests. 

(2) The bus should be loaded to its fully 

loaded weight, with one wheel on top of a 

curb and then in a pothole. This test should 

be repeated for all four wheels. The test 

verifies: 

(i) Normal operation of the steering 

mechanism; and 

(ii) Operability of all passenger doors, 

passenger escape mechanisms, windows, and 

service doors. A water leak test should be 

conducted in each suspension travel 

condition. 

* * * * * 

Issued on: March 8, 2011. 

Peter M. Rogoff, 

Administrator. 

[FR Doc. 2011–5831 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 110210132–1133–01] 

RIN 0648–BA65 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Quotas and 

Atlantic Tuna Fisheries Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments; notice of public hearings. 

SUMMARY: NMFS proposes to modify 

Atlantic bluefin tuna (BFT) base quotas 

for all domestic fishing categories; 

establish BFT quota specifications for 

the 2011 fishing year; reinstate pelagic 

longline target catch requirements for 

retaining BFT in the Northeast Distant 

Gear Restricted Area (NED); amend the 

Atlantic tunas possession at sea and 

landing regulations to allow removal of 

Atlantic tunas tail lobes; and clarify the 

transfer at sea regulations for Atlantic 

tunas. This action is necessary to 

implement recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT), 

as required by the Atlantic Tunas 

Convention Act (ATCA), and to achieve 

domestic management objectives under 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). NMFS solicits 

written comments and will hold public 

hearings to receive oral comments on 

these proposed actions. 

DATES: Written comments must be 

received on or before April 14, 2011. 

The public hearing dates and times 

are: 

1. March 21, 2011, 3 to 5 p.m., 

Gloucester, MA. 

2. March 22, 2011, 6:30 to 8:30 p.m., 

Barnegat, NJ. 

3. March 28, 2011, 7 to 9 p.m., 

Manteo, NC. 

4. April 5, 2011, 5:15 to 7:15 p.m., 

Silver Spring, MD. 

ADDRESSES: You may submit comments, 

identified by ‘‘0648–BA65’’, by any one 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 978–281–9340, Attn: Sarah 

McLaughlin. 

• Mail: Sarah McLaughlin, Highly 

Migratory Species Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930. 

• Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. To be 

considered, electronic comments must 

be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. Do not submit 

electronic comments to individual 

NMFS staff. 

Supporting documents, including the 

draft Environmental Assessment, 

Regulatory Impact Review, and Initial 

Regulatory Flexibility Analysis, are 

available by sending your request to 

Sarah McLaughlin at the mailing 

address specified above. These 

documents and others, such as the 

Fishery Management Plans described 

below, also may be downloaded from 

the HMS Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

The public hearing locations are: 

1. Gloucester—NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930. 

2. Barnegat—Ocean County Library, 

112 Burr Street, Barnegat, NJ 08005. 

3. Manteo—Town Hall, 407 Budleigh 

Street, Manteo, NC 27954. 

4. Silver Spring—Crowne Plaza Hotel, 

8777 Georgia Avenue, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, 978–281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

bluefin tuna, bigeye tuna, albacore tuna, 

yellowfin tuna, and skipjack tuna 

(hereafter referred to as ‘‘Atlantic tunas’’) 

are managed under the dual authority of 

the Magnuson-Stevens Act and ATCA. 

ATCA authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations, as may be necessary and 

appropriate, to implement ICCAT 

recommendations. The authority to 

issue regulations under the MagnusonStevens Act and ATCA has been 

delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). 

Background 

On May 28, 1999, NMFS published in 

the Federal Register (64 FR 29090) final 

regulations, effective July 1, 1999, 

implementing the Fishery Management 

Plan for Atlantic Tunas, Swordfish, and 

Sharks (1999 FMP). The 1999 FMP 

included framework provisions to 

promulgate annual specifications for the 

BFT fishery, in accordance with ATCA 

and the Magnuson-Stevens Act, and to 

implement the annual recommendations 

of ICCAT. Since 1982, ICCAT has 

recommended a Total Allowable Catch 

of BFT, and since 1991, ICCAT has 

recommended specific limits (quotas) 

for the United States and other BFT 

Contracting Parties. 

On October 2, 2006, NMFS published 

in the Federal Register (71 FR 58058) a 

final rule, effective November 1, 2006, 

implementing the 2006 Consolidated 

Atlantic Highly Migratory Species 

Fishery Management Plan (Consolidated 

HMS FMP), which consolidated 

management of all Atlantic HMS (i.e., 

sharks, swordfish, tunas, and billfish) 


erowe on DSK5CLS3C1PROD with PROPOSALS-1