Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 60565

that have federalism implications or that 

preempt State law. 

d. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits and other effects of 

proposed or final rules that include a 

Federal mandate likely to result in the 

expenditure by State, local or tribal 

governments, in the aggregate, or by the 

private sector, of more than $100 

million annually. This rulemaking does 

not impose any unfunded mandates as 

defined by that Act. 

e. National Technology Transfer and 

Advancement Act 

Under the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA)(Pub. L. 104–113), ‘‘all Federal 

agencies and departments shall use 

technical standards that are developed 

or adopted by voluntary consensus 

standards bodies, using such technical 

standards as a means to carry out policy 

objectives or activities determined by 

the agencies and departments.’’ The 

August 11, 2004 final rule addressed the 

NTTAA regarding NHTSA’s decision to 

deny Keiper’s petition on installing 

stowable anchorages on a permanent 

basis. There are no technical standards 

relating to the specific issue addressed 

by today’s document. 

f. National Environmental Policy Act 

NHTSA has analyzed this rulemaking 

action for the purposes of the National 

Environmental Policy Act. The agency 

has determined that implementation of 

this action will not have any significant 

impact on the quality of the human 

environment. 

g. Executive Order 12778 (Civil Justice 

Reform) 

This rulemaking does not have any 

retroactive effect. Under section 49 

U.S.C. 30103, whenever a Federal motor 

vehicle safety standard is in effect, a 

state may not adopt or maintain a safety 

standard applicable to the same aspect 

of performance which is not identical to 

the Federal standard, except to the 

extent that the state requirement 

imposes a higher level of performance 

and applies only to vehicles procured 

for the State’s use. 49 U.S.C. 30161 sets 

forth a procedure for judicial review of 

final rules establishing, amending or 

revoking Federal motor vehicle safety 

standards. That section does not require 

submission of a petition for 

reconsideration or other administrative 

proceedings before parties may file suit 

in court. 

h. Paperwork Reduction Act 

This rule does not contain any 

collection of information requirements 

requiring review under the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13). 

i. Viewing Docket Submissions 

You may read the submissions 

received by Docket Management at 

Room PL–401, 400 Seventh Street, SW., 

Washington, DC, 20590 (telephone 202–

366–9324). You may visit the Docket 

from 10 a.m. to 5 p.m., Monday through 

Friday. 

You may also see the submissions on 

the Internet. Go to the Docket 

Management System (DMS) Web page of 

the Department of Transportation

(http://dms.dot.gov/). 

Anyone is able to search the 

electronic form of all submission 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://dms.dot.gov.

List of Subjects in 49 CFR Part 571 

Imports, Incorporation by reference, 

Motor vehicle safety, Reporting and 

recordkeeping requirements, Tires.

■ In consideration of the foregoing, 

NHTSA amends 49 CFR Chapter V as set 

forth below.

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS

■ 1. The authority citation for Part 571 

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30166; delegation of authority at 

49 CFR 1.50.

■ 2. Section 571.225 is amended by 

adding S9.1.1(d) and republishing 

S9.1.1(e). 

The added and republished 

paragraphs read as follows:

§ 571.225 Standard No. 225; Child restraint 

anchorage systems.

* * * * *

S9.1.1 The lower anchorages shall 

consist of two bars that—

* * * 

(d) For bars installed in vehicles 

manufactured on or after March 1, 2005, 

the bars must not be capable of being 

stowable (foldable or otherwise 

stowable). 

(e) [Reserved]

* * * * *

Issued on October 5, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–22851 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 030912231–3266–02; I.D. 

100504A] 

Fisheries of the Northeastern United 

States; Scup Fishery; Adjustment to 

the 2004 Winter II Quota

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notification of scup Winter II 

quota adjustment and possession limit 

adjustment.

SUMMARY: NMFS adjusts the 2004 

Winter II commercial scup quota and 

possession limit. This action complies 

with Framework Adjustment 3 

(Framework 3) to the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP), which 

implemented procedures to allow the 

rollover of unused commercial scup 

quota from the Winter I period to the 

Winter II period.

DATES: This rule is effective November 

1, 2004 through December 31, 2004.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, Fishery Policy 

Analyst, (978) 281–9279, fax (978) 281–

9135, e-mail 

sarah.mclaughlin@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS 

published a final rule in the Federal 

Register on November 3, 2003 (68 FR 

62250), implementing Framework 3. 

Framework 3 implemented a process, 

for years in which the full Winter I 

commercial scup quota is not harvested, 

to allow unused quota from the Winter 

I period to be added to the quota for the 

Winter II period, and to allow 

adjustment of the commercial 

possession limits for the Winter II 

period based on the amount of quota 

rolled over from the Winter I period. 

Table 5 of the final 2004 quota 

specifications for summer flounder, 

scup, and black sea bass (69 FR 2074, 

January 14, 2004) presented detailed 

information regarding Winter II 

possession limits, based on the amount 

of scup to be rolled over from Winter I 

to Winter II.

60566 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 

For 2004, the Winter II quota is 

1,967,825 lb (892,600 kg), and the best 

available landings information indicates 

that 2,249,527 lb (1,020,379 kg) remain 

of the Winter I quota of 5,568,920 lb 

(2,526,046 kg). Consistent with the 

intent of Framework 3, the full amount 

of unused 2004 Winter I quota is 

transferred to Winter II, resulting in a 

revised 2004 Winter II quota of 

4,217,352 lb (1,912,978 kg). In addition 

to the quota transfer, the 2004 Winter II 

possession limit is increased, consistent 

with the rollover specifications 

established in the 2004 final rule (69 FR 

2074), to 3,500 lb (1,588 kg) per trip to 

provide an appropriate opportunity for 

fishing vessels to obtain the increased 

Winter II quota. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866.

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

Dated: October 5, 2004.

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22839 Filed 10–6–04; 2:15 pm] 

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 031125292–4061–02; I.D. 

100504B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 of the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2004 pollock total allowable catch 

(TAC) for Statistical Area 610 of the 

GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 6, 2004, through 

2400 hrs, A.l.t., December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2004 allowance of the pollock 

TAC in Statistical Area 610 of the GOA 

is 22,930 metric tons (mt) as established 

by the final 2004 harvest specifications 

for groundfish of the GOA (69 FR 9261, 

February 27, 2004). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2004 

allowance of the pollock TAC in 

Statistical Area 610 will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 22,850 mt, and is 

setting aside the remaining 80 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 610 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 50 

CFR 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the 2004 pollock 

TAC in Statistical Area 610. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866.

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

Dated: October 6, 2004. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–22840 Filed 10–6–04; 2:15 pm] 

BILLING CODE 3510–22–S