Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61605

Commodity Parts per 

million 

Almond, hulls ............................ 8.0

*** * *

Bean, dry .................................. 0.6

Bean, succulent ........................ 0.6

*** * *

Leafy greens subgroup 4A, except spinach .......................... 30

*** * *

* * * * *

[FR Doc. 04–23261 Filed 10–19–04; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

46 CFR Part 310

[Docket Number: MARAD–2004–19397] 

RIN 2133–AB61

Amended Service Obligation Reporting 

Requirements for State Maritime 

Academy Graduates

AGENCY: Maritime Administration, 

Department of Transportation.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: In this interim final rule, the 

Maritime Administration (MARAD, we, 

us, or our) will change the service 

obligation reporting requirements for 

State maritime academy graduates who 

receive Student Incentive Payments 

(SIPs). The new reporting requirements 

create standard reporting dates that 

coincide with the U.S. Naval Reserve/

Merchant Marine Reserve (USNR/MMR) 

service reporting dates. This rulemaking 

also provides for the electronic 

submission of reports as the primary 

means of submission to MARAD.

DATES: This interim final rule is 

effective October 20, 2004. However, 

MARAD will consider comments 

received not later than November 19, 

2004.

ADDRESSES: You may submit comments 

(identified by DOT DMS Docket Number 

MARAD–2004–19397) by any of the 

following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

7th St., SW., Nassif Building, Room PL–

401, Washington, DC 20590–001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 7th St., SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number for this rulemaking. Note that 

all comments received will be posted 

without change to http://dms.dot.gov

including any personal information 

provided. Please see the Privacy Act 

heading under Regulatory Notices. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 7th St., SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays.

FOR FURTHER INFORMATION CONTACT: Rita 

Jackson, Academies Program Officer, 

Office of Policy and Plans, Maritime 

Administration, Department of 

Transportation, 400 7th St., SW., Room 

7123, Washington, DC 20590, telephone: 

(202) 366–0284.

SUPPLEMENTARY INFORMATION: The 

Student Incentive Payment Program 

provides financial assistance to certain 

eligible State maritime academy 

students to help offset educational costs. 

Students who receive Student Incentive 

Payments must sign service obligation 

contracts that obligate the students to 

certain post-graduate service obligation 

requirements. The requirements 

include: (1) Serving for three (3) years 

after graduation in the foreign or 

domestic commerce or the national 

defense of the United States in 

maritime-related employment; (2) 

maintaining a valid license as an officer 

in the merchant marine of the United 

States for at least six (6) years following 

the date of graduation, accompanied by 

the appropriate national and 

international endorsements and 

certification as required by the United 

States Coast Guard for service aboard 

vessels on domestic and international 

voyages, and (3) accepting if tendered 

an appointment as, and serving as a 

commissioned officer in the United 

States Naval Reserve, the United States 

Coast Guard Reserve, or any other 

reserve unit of an armed force of the 

United States for six (6) years following 

graduation. The above requirements are 

set forth in 46 U.S.C. 1295c(g)(3)(C), (D), 

and (E). In addition to the above service 

obligations, graduates are required, 

under 46 U.S.C. 1295c(g)(3)(F), to 

submit reports to MARAD indicating 

compliance with their service 

obligations. 

Under the current regulations at 46 

CFR 310.7(b)(6)(i), State maritime 

academy SIP graduates are required to 

submit their service obligation reports 

thirteen (13) months following 

graduation and each succeeding twelve 

(12) months for a total of three (3) years. 

The three (3) year reporting period, 

however, does not accurately reflect the 

requirement in 46 U.S.C. 1295c(g)(3)(F) 

that graduates report compliance with 

all of their service obligations, because 

graduates must submit reports 

indicating their compliance not only 

with the three (3) year service (i.e., 

employment) requirement, but also with 

the six (6) year licensing and reserve 

components of the service obligation. 

Thus, under the law, graduates must 

submit compliance reports for a 

minimum of six (6) years to account for 

all of their service obligations. The six 

(6) year reporting requirement dates 

back to the Maritime Education and 

Training Act of 1980 (Pub. L. 96–453) 

but has not been reflected in MARAD’s 

regulations. However, as a matter of 

agency practice, MARAD has long 

required graduates to submit reports for 

six (6) years to report compliance with 

their service obligation requirements. 

In this interim final rule, MARAD is 

amending its regulations to reflect the 

requirement that graduates report for six 

(6) years (or until all components of the 

service obligation are fulfilled, 

whichever is latest). In addition, 

MARAD is amending the service 

obligation reporting requirements to 

require each graduate to file a report 

between January 1 and March 1 

following graduation and during the 

same January 1 to March 1 time frame 

for a minimum of six (6) years 

thereafter. 

The new reporting dates coincide 

with the USNR/MMR’s service reporting 

dates to create a standard reporting 

period. This standardized reporting 

period should make reporting less 

burdensome because graduates will be 

able to compile and submit information 

to MARAD and to the USNR during the 

same time frame each year. 

This rulemaking will also provide for 

the electronic submission of reports as 

the primary means of submission. 

Graduates must submit annually the 

Maritime Administration Service 

Obligation Compliance Report and 

Merchant Marine Reserve, U.S. Naval 

Reserve (USNR), Annual Report (Form 

MA–930). Graduates may submit their 

Service Obligation Compliance Reports 

electronically via the Maritime Service 

61606 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

Compliance System at https://

mscs.marad.dot.gov. 

Regulatory Analyses and Notices

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This interim final rule is not 

considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 and, therefore, was not 

reviewed by the Office of Management 

and Budget. This interim final rule is 

not likely to result in an annual effect 

on the economy of $100 million or 

more. This interim final rule is also not 

significant under the Regulatory Policies 

and Procedures of the Department of 

Transportation (44 FR 11034, February 

26, 1979). The costs and economic 

impact associated with this rulemaking 

are considered to be so minimal that no 

further analysis is necessary. This 

interim final rule merely changes the 

reporting requirements for submission 

of service obligation report forms to 

make reporting less burdensome, 

amends the number of report 

submissions to conform to requirements 

set forth in the U.S. Code, and provides 

the option of electronic submission of 

such reports to MARAD. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553) provides an exception to 

notice and comment procedures when 

they are unnecessary or contrary to the 

public interest. MARAD finds that 

under 5 U.S.C. 553(b)(3)(B), good cause 

exists for not providing notice and 

comment since this interim final rule 

only changes the service obligation 

reporting dates of state maritime 

academy graduates who receive SIP 

payments to make reporting less 

burdensome, amends the number of 

report submissions to conform to 

requirements set forth in the U.S. Code, 

and provides the option of electronic 

submission of such reports to MARAD. 

Under 5 U.S.C. 553(d)(3), MARAD 

finds that, for the same reasons, good 

cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

However, MARAD will accept 

comments submitted on or before the 

date indicated in the DATES section. 

Regulatory Flexibility Act 

The Maritime Administrator certifies 

that this interim final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This interim final rule only changes the 

service obligation reporting 

requirements for state maritime 

academy graduates who receive SIP 

payments. Thus, this rule only affects 

individuals and not businesses or other 

entities. 

Federalism 

We have analyzed this interim final 

rule in accordance with the principles 

and criteria contained in Executive 

Order 13132 (Federalism) and have 

determined that it does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. These 

regulations have no substantial effect on 

the States, the current Federal-State 

relationship, or the current distribution 

of power and responsibilities among 

local officials. Therefore, consultation 

with State and local officials is not 

necessary. 

Executive Order 13175

MARAD does not believe that this 

interim final rule will significantly or 

uniquely affect the communities of 

Indian tribal governments when 

analyzed under the principles and 

criteria contained in Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments). 

Therefore, the funding and consultation 

requirements of this Executive Order do 

not apply. 

Environmental Impact Statement 

We have analyzed this interim final 

rule for purposes of compliance with 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and 

have concluded that under the 

categorical exclusions in section 4.05 of 

Maritime Administrative Order (MAO) 

600–1, ‘‘Procedures for Considering 

Environmental Impacts,’’ 50 FR 11606 

(March 22, 1985), neither the 

preparation of an Environmental 

Assessment, an Environmental Impact 

Statement, nor a Finding of No 

Significant Impact for this interim final 

rule is required. This interim final rule 

involves administrative and procedural 

regulations that have no environmental 

impact. 

Unfunded Mandates Reform Act of 1995

This interim final rule does not 

impose an unfunded mandate under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of $100 

million or more, in the aggregate, to any 

of the following: State, local, or Native 

American tribal governments, or the 

private sector. This interim final rule is 

the least burdensome alternative that 

achieves this objective of U.S. policy. 

Paperwork Reduction Act 

This interim final rule contains 

information collection requirements 

covered by the Office of Management 

and Budget approval number 2133–

0509. The changes have no impact on 

the reporting burden.

List of Subjects in 46 CFR Part 310

Federal Aid Programs, Reporting and 

recordkeeping requirements, Schools, 

and Seamen.

■ Accordingly, for the reasons discussed 

in the preamble, 46 CFR part 310 is 

amended as follows:

PART 310—MERCHANT MARINE 

TRAINING

■ 1. The authority citation for part 310 

continues to read as follows:

Authority: 46 App. U.S.C. 1295; 49 CFR 

1.66.

■ 2. Amend § 310.7 by revising 

paragraph (b)(6) to read as follows:

§ 310.7 Federal student subsistence 

allowances and student incentive 

payments.

* * * * *

(b) * * *

(6) Reporting requirement. (i) The 

schools must promptly submit copies of 

all resignation forms (containing the 

name, reason, address and telephone 

number) of juniors and seniors to the 

Supervisor, to be used for monitoring 

and enforcement purposes. Each 

graduate must submit an annual Service 

Obligation Compliance Report form 

(MA–930) to the Maritime 

Administration (Supervisor) between 

January 1 and March 1 following his or 

her graduation. After the initial report is 

submitted, each graduate must continue 

to submit annual reports during the 

same time frame between January 1 and 

March 1 for six (6) consecutive years 

thereafter, or until all components of the 

service obligation are fulfilled, 

whichever is latest. Each graduate will 

file a minimum of seven (7) reports in 

order to give information on all six (6) 

years of the armed forces reserve and 

merchant marine officer license service 

obligations. Graduates are encouraged to 

submit their Service Obligation 

Compliance Report forms (MA–930) to 

MARAD using the web-based Internet 

system at https://mscs.marad.dot.gov.

Reports may also be mailed to: 

Compliance Specialist, Office of Policy 

and Plans, Maritime Administration, 

Department of Transportation, 400 7th 

St., SW., Room 7123, Washington, DC 

20590. In case a deferment has been 

granted to engage in a maritime-related 

graduate course of study, annual reports 

must be submitted during the extension 

period resulting from such deferments. 

Examples of the reporting requirements 

are as follows.

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61607

Example 1: Midshipman graduates on June 

30, 2004. His or her first reporting date is 

between January 1, 2005 and March 1, 2005 

and each following period between January 

1 and March 1 for six (6) consecutive years 

thereafter (or until all components of the 

service obligation are fulfilled, whichever is 

latest) for a minimum of seven (7) reports.

Example 2: Midshipman has a deferred 

graduation on November 30, 2004. His or her 

first reporting date is between January 1, 

2005 and March 1, 2005 and each following 

period between January 1 and March 1 for six 

(6) consecutive years thereafter (or until all 

components of the service obligation are 

fulfilled, whichever is latest) for a minimum 

of seven (7) reports.

Example 3: Midshipman has a deferment 

following graduation on June 30, 2004, to 

attend graduate school for two (2) years. His 

or her first reporting date is between January 

1, 2005 and March 1, 2005 and during the 

same time frame between January 1 and 

March 1 for two (2) years during graduate 

school, and then during the same January 1 

to March 1 time frame for six (6) consecutive 

years thereafter (or until all components of 

the service obligation are fulfilled, whichever 

is latest) for a total of nine (9) reports.

(ii) The Maritime Administration will 

provide reporting forms. However, nonreceipt of such forms will not exempt a 

graduate from submitting information as 

required by this paragraph. The 

reporting form has been approved by the 

Office of Management and Budget 

(2133–0509).

* * * * *

By Order of the Maritime Administrator.

Dated: October 13, 2004. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–23362 Filed 10–19–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

101504A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; ‘‘Other Species’’ in 

the Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Prohibition of retention.

SUMMARY: NMFS is prohibiting retention 

of ‘‘other species’’ in the Bering Sea and 

Aleutian Islands management area 

(BSAI). NMFS is requiring that catch of 

‘‘other species’’ in this area be treated in 

the same manner as prohibited species 

and discarded at sea with a minimum of 

injury. This action is necessary because 

the 2004 total allowable catch (TAC) of 

‘‘other species’’ in this area has been 

reached.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 16, 2004, until 

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 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for the Groundfish Fishery of the 

Bering Sea and Aleutian Islands Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 TAC of ‘‘other species’’ in 

the BSAI was established as 23,124 

metric tons by the final 2004 harvest 

specifications for groundfish in the 

BSAI (69 FR 9242, February 27, 2004).

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the ‘‘other species’’

TAC in the BSAI has been reached. 

Therefore, NMFS is requiring that 

further catches of ‘‘other species’’ in the 

BSAI be treated as a prohibited species 

in accordance with § 679.21(b). ‘‘Other 

species’’ includes sculpins, sharks, 

skates and octopus.

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 a 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 prohibition of retention of 

‘‘other species’’ in the BSAI.

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 15, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–23478 Filed 10–15–04; 2:57 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031124287–4060–02; I.D. 

101504B]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Reallocation of Pacific cod.

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using trawl and jig gear to 

vessels using hook-and-line and pot gear 

in the BSAI. These actions are necessary 

to allow the 2004 total allowable catch 

(TAC) of Pacific cod to be harvested.

DATES: Effective October 15, 2004, until 

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

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for the Groundfish Fishery of the 

Bering Sea and Aleutian Islands Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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 final harvest specifications 

for groundfish of the BSAI (69 FR 9242, 

February 27, 2004), established the 

Pacific cod TAC as 199,338 metric tons 

(mt). Pursuant to § 679.20(a)(7)(i)(A), 

3,987 mt was allocated to vessels using 

jig gear, 101,662 mt to vessels using 

hook-and-line or pot gear, and 93,689 

mt to vessels using trawl gear. The share 

of the Pacific cod TAC allocated to trawl 

gear was further allocated 50 percent to