Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 61155

permanently excludes ‘‘funeral 

coaches’’ from the requirements of 

FMVSS No. 225 and adopts a definition 

of that vehicle type for the reasons 

provided in the May 2003 final rule. 

This rulemaking relieves a restriction 

on a group of small manufacturers and 

has no negative safety consequences. 

Accordingly, NHTSA finds for good 

cause that an effective date of less than 

180 days from the date of publication of 

this notice is in the public interest.

V. Rulemaking Analyses and Notices 

Executive Order 12866 (Federal 

Regulation) and DOT Regulatory 

Policies and Procedures 

This rulemaking document was not 

reviewed under E.O. 12866, ‘‘Regulatory 

Planning and Review.’’ The agency has 

considered the impact of this 

rulemaking action under the 

Department of Transportation’s 

regulatory policies and procedures, and 

has determined that it is not 

‘‘significant’’ under them. This 

document amends FMVSS No. 225 to 

exclude funeral coaches from the 

requirements of the standard on a 

permanent basis. There are no 

additional costs associated with this 

final rule. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(Public Law 96–354), as amended, 

requires agencies to evaluate the 

potential effects of their proposed and 

final rules on small businesses, small 

organizations and small governmental 

jurisdictions. I hereby certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

relieves a restriction on manufacturers 

of funeral coaches and does not impose 

any new obligations or requirements. 

Executive Order 13132 (Federalism) 

NHTSA has analyzed this rule in 

accordance with the principles and 

criteria contained in E.O. 13132, and 

has determined that it does not have 

sufficient federalism implications to 

warrant consultation with State and 

local officials or the preparation of a 

federalism summary impact statement. 

The rule will not have any substantial 

effects on the States, or on the current 

Federal-State relationship, or on the 

current distribution of power and 

responsibilities among the various local 

officials. 

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. 

Executive Order 12778 (Civil Justice 

Reform) 

This rule will not have any retroactive 

effect. A petition for reconsideration or 

other administrative proceeding will not 

be a prerequisite to an action seeking 

judicial review of this rule. This rule 

will not preempt the states from 

adopting laws or regulations on the 

same subject, except that it will preempt 

a state regulation that is in actual 

conflict with the Federal regulation or 

makes compliance with the Federal 

regulation impossible or interferes with 

the implementation of the Federal 

statute.

List of Subjects in 49 CFR Part 571 

Imports, Incorporation by reference, 

Motor vehicle safety, Reporting and 

recordkeeping requirements, Tires.

■ For the reasons set forth in the 

preamble, NHTSA amends 49 CFR part 

571 as follows:

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, 

30166 and 30177; delegation of authority at 

49 CFR 1.50.

■ 2. In 49 CFR 571.225, S2 and the 

definition of ‘‘funeral coach’’ in S3 are 

republished to read as follows:

§ 571.225 Standard No. 225; Child restraint 

anchorage systems.

* * * * *

S2. Application. This standard 

applies to passenger cars; to trucks and 

multipurpose passenger vehicles with a 

gross vehicle weight rating (GVWR) of 

3,855 kilograms (8,500 pounds) or less; 

and to buses (including school buses) 

with a GVWR of 4,536 kg (10,000 lb) or 

less. This standard does not apply to 

walk-in van-type vehicles, vehicles 

manufactured to be sold exclusively to 

the U.S. Postal Service, shuttle buses, 

and funeral coaches. 

S3. Definitions.

* * * * *

Funeral coach means a vehicle that 

contains only a front row of occupant 

seats, is designed exclusively for 

transporting a body and casket and that 

is equipped with features to secure a 

casket in place during operation of the 

vehicle.

Issued on: October 5, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–23135 Filed 10–14–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Parts 222 and 223

[Docket No.;I.D. 100404B]

RIN 0648–AS79

Sea Turtle Conservation; Shrimp 

Trawling Requirements

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Temporary rule.

SUMMARY: NMFS issues this temporary 

authorization for a period of 30 days, to 

allow the use of limited tow times by 

shrimp trawlers as an alternative to the 

use of Turtle Excluder Devices (TEDs) in 

the state waters of Alabama and 

Mississippi, and the state waters of 

Louisiana from the Mississippi/

Louisiana border to a line at 90° 03′ 00′′

West longitude (approximately the west 

end of Grand Isle). This action is 

necessary because excessive debris as a 

result of Hurricane Ivan may affect 

fishermen’s ability to use TEDs 

effectively. When a TED is clogged with 

debris, it can no longer catch shrimp 

effectively nor can it effectively exclude 

turtles.

DATES: Effective from October 12, 2004 

through November 12, 2004.

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the Chief, 

Marine Mammal Species Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910.

FOR FURTHER INFORMATION CONTACT: Bob 

Hoffman, 727–570–5312, or Barbara A. 

Schroeder, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green 

61156 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 

(Chelonia mydas) turtles are listed as 

threatened, except for breeding 

populations of green turtles in Florida 

and on the Pacific coast of Mexico, 

which are listed as endangered.

Sea turtles are incidentally taken and 

killed as a result of numerous activities, 

including fishery trawling activities in 

the Gulf of Mexico and along the 

Atlantic seaboard. Taking endangered 

sea turtles is prohibited under the ESA, 

subject to limited exceptions. Through 

section 4(d) of the ESA, NMFS 

implemented regulations at 50 CFR 

223.206 extending the taking 

prohibition to threatened sea turtles. 

Exceptions to the taking prohibition are 

also authorized according to the terms 

and conditions of a biological opinion 

issued under section 7 of the ESA, or 

according to an incidental take permit 

issued under section 10 of the ESA. The 

incidental taking of turtles during 

shrimp or summer flounder trawling is 

exempted from the taking prohibition of 

section 9 of the ESA if the conservation 

measures specified in the sea turtle 

conservation regulations (50 CFR 223) 

are followed. The regulations require 

most shrimp trawlers and summer 

flounder trawlers operating in the 

southeastern United States (Atlantic 

area, Gulf area, and summer flounder 

sea turtle protection area, see 50 CFR 

223.206) to have a NMFS-approved TED 

installed in each net that is rigged for 

fishing to provide for the escape of sea 

turtles. TEDs currently approved by 

NMFS include single-grid hard TEDs 

and hooped hard TEDs conforming to a 

generic description, the flounder TED, 

and one type of soft TED the Parker soft 

TED (see 50 CFR 223.207).

TEDs incorporate an escape opening, 

usually covered by a webbing flap, that 

allows sea turtles to escape from trawl 

nets. To be approved by NMFS, a TED 

design must be shown to be 97 percent 

effective in excluding sea turtles during 

testing based upon specific testing 

protocols (50 CFR 223.207(e)(1)). Most 

approved hard TEDs are described in 

the regulations (50 CFR 223.207(a)) 

according to generic criteria based upon 

certain parameters of TED design, 

configuration, and installation, 

including height and width dimensions 

of the TED opening through which the 

turtles escape.

The regulations governing sea turtle 

take prohibitions and exemptions 

provide for the use of limited tow times 

as an alternative to the use of TEDs for 

vessels with certain specified 

characteristics or under certain special 

circumstances. The provisions of 50 

CFR 223.206(d)(3)(ii) specify that the 

NOAA Assistant Administrator for 

Fisheries (AA) may authorize 

compliance with tow time restrictions 

as an alternative to the TED requirement 

if the AA determines that the presence 

of algae, seaweed, debris, or other 

special environmental conditions in a 

particular area makes trawling with 

TED-equipped nets impracticable. The 

provisions of 50 CFR 223.206(d)(3)(i) 

specify the maximum tow times that 

may be used when tow-time limits are 

authorized as an alternative to the use 

of TEDs. The tow times may be no more 

than 55 minutes from April 1 through 

October 31 and no more than 75 

minutes from November 1 through 

March 31, as measured from the time 

that the trawl doors enter the water until 

they are removed from the water. These 

tow time limits are designed to 

minimize the level of mortality of sea 

turtles that are captured by trawl nets 

not equipped with TEDs.

Recent Events

On September 27, 28, and 29, 2004, 

the NOAA Fisheries’ Southeast Regional 

Administrator received requests from 

the Marine Fisheries Division of the 

Alabama Department of Conservation 

and Natural Resources (ADCNR), the 

Mississippi Department of Marine 

Resources (MDMR), and the Louisiana 

Department of Wildlife and Fisheries 

(LDWF), respectively, to allow the use 

of tow times as an alternative to TEDs 

in state waters because of excessive 

storm-related debris on the fishing 

grounds as a result of Hurricane Ivan. 

After an investigation, the ADCNR, 

MDMR, and LDWF have determined 

that this debris is affecting the 

fishermen’s ability to use TEDs 

effectively. When a TED is clogged with 

debris, it can no longer catch shrimp 

effectively nor can it effectively exclude 

turtles. Alabama, Mississippi, and 

Louisiana have stated that their marine 

enforcement agencies will increase 

patrols to enforce the tow time 

restrictions.

NOAA Fisheries gear technicians 

interviewed fishermen and surveyed 

parts of the affected areas in Alabama, 

Mississippi, and Louisiana. The 

interviews and surveys conducted by 

the gear technicians indicate that 

problems with debris exist in Alabama, 

Mississippi, and Louisiana state waters 

that are likely to affect the effectiveness 

of TEDs.

Special Environmental Conditions

The AA finds that debris washed into 

the state waters of Alabama and 

Mississippi and the state waters of 

Louisiana from the Mississippi/

Louisiana border to a line at 90° 03′ 00′′

West longitude (approximately the west 

end of Grand Isle) by Hurricane Ivan has 

created special environmental 

conditions that make trawling with 

TED-equipped nets impracticable. 

Therefore, the AA issues this temporary 

rule to authorize the use of restricted 

tow times as an alternative to the use of 

TEDs in the state waters of Alabama and 

Mississippi and the state waters of 

Louisiana from the Mississippi/

Louisiana border to a line at 90o 03’ 00’’

West longitude (approximately the west 

end of Grand Isle) for a period of 30 

days. Through October 31, 2004, a 

shrimp trawler utilizing this 

authorization must limit tow times to no 

more than 55 minutes, measured from 

the time trawl doors enter the water 

until they are completely retrieved from 

the water. From November 1, 2004, 

through November 12, 2004, unless 

terminated earlier, tow times must be 

limited to no more than 75 minutes 

measured from the time trawl doors 

enter the water until they are retrieved 

from the water. The marine patrols of 

the affected states are continuing to 

monitor the situation and will cooperate 

with NMFS in determining the extent of 

the ongoing debris problem in this area. 

Moreover, the affected states have stated 

that their marine patrols will enforce the 

restricted tow times. Ensuring 

compliance with tow time restrictions is 

critical to effective sea turtle protection, 

and the commitment from the affected 

states marine patrols to enforce tow time 

restrictions is an important factor 

enabling NMFS to issue this 

authorization.

Continued Use of TEDs

NMFS encourages shrimp trawlers in 

the affected areas to continue to use 

TEDs if possible, even though they are 

authorized under this action to use 

restricted tow times. The use of TEDs 

negates the tow time restrictions. NMFS 

studies have shown that the problem of 

clogging by seagrass, algae, or by other 

debris is not unique to TED-equipped 

nets. When fishermen trawl in problem 

areas, they may experience clogging 

with or without TEDs. A particular 

concern of fishermen, however, is that 

clogging in a TED-equipped net may 

hold open the turtle escape opening and 

increase the risk of shrimp loss. On the 

other hand, TEDs also help exclude 

certain types of debris and allow 

shrimpers to conduct longer tows.

NMFS’ gear experts have provided 

several general operational 

recommendations to fishermen to 

maximize the debris exclusion ability of 

TEDs that may allow some fishermen to 

continue using TEDs without resorting 

to restricted tow times. To exclude 

debris, NMFS recommends the use of 

hard TEDs made of either solid rod or 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 61157

of hollow pipe that incorporate a bent 

angle at the escape opening, in a 

bottom-opening configuration. In 

addition, the installation angle of a hard 

TED in the trawl extension is an 

important performance element in 

excluding debris from the trawl. High 

installation angles can result in debris 

clogging the bars of the TED; NMFS 

recommends an installation angle of 

45°, relative to the normal horizontal 

flow of water through the trawl, to 

optimize the TED’s ability to exclude 

turtles and debris. Furthermore, the use 

of accelerator funnels, which are 

allowable modifications to hard TEDs, is 

not recommended in areas with heavy 

amounts of debris or vegetation. Lastly, 

the webbing flap that is usually 

installed to cover the turtle escape 

opening may be modified to help 

exclude debris quickly: the webbing flap 

can either be cut horizontally to shorten 

it so that it does not overlap the frame 

of the TED or be slit in a fore-and-aft 

direction to facilitate the exclusion of 

debris. The use of the double cover flap 

TED will also aid in debris exclusion.

All of these recommendations 

represent legal configurations of TEDs 

for shrimpers fishing in the affected 

areas. This action does not authorize 

any other departure from the TED 

requirements, including any illegal 

modifications to TEDs. In particular, if 

TEDs are installed in trawl nets, they 

may not be sewn shut.

Alternative to Required Use of TEDs

The authorization provided by this 

rule applies to all shrimp trawlers that 

would otherwise be required to use 

TEDs in accordance with the 

requirements of 50 CFR 223.206(d)(2) 

who are operating in the state waters of 

Alabama and Mississippi, and the state 

waters of Louisiana from the 

Mississippi/Louisiana border to a line at 

90° 03′ 00′′ West longitude 

(approximately the west end of Grand 

Isle) for a period of 30 days. Instead of 

the required use of TEDs, shrimp 

trawlers may opt to comply with the sea 

turtle conservation regulations by using 

restricted tow times.

Alternative to Required Use of TEDs; 

Termination

The AA, at any time, may withdraw 

or modify this temporary authorization 

to use tow time restrictions in lieu of 

TEDs, through publication of a notice in 

the Federal Register, if necessary to 

ensure adequate protection of 

endangered and threatened sea turtles. 

Under this procedure, the AA may 

modify the affected area or impose any 

necessary additional or more stringent 

measures, including more restrictive 

tow times, synchronized tow times, or 

withdrawal of the authorization if the 

AA determines that the alternative 

authorized by this rule is not 

sufficiently protecting turtles or no 

longer needed. The AA may also 

terminate this authorization if 

information from enforcement, state 

authorities, or NMFS indicate 

compliance cannot be monitored 

effectively. This authorization will 

expire automatically on November 12, 

2004, unless it is explicitly extended 

through publication in the Federal 

Register.

Classification

This action has been determined to be 

not significant for purposes of E.O. 

12866.

The AA has determined that this 

action is necessary to respond to an 

emergency situation to allow more 

efficient fishing for shrimp, while 

providing adequate protection for 

endangered and threatened sea turtles 

pursuant to the ESA and applicable 

regulations.

Pursuant to 5 U.S.C. 553(b)(3)(B), the 

AA finds that there is good cause to 

waive prior notice and opportunity to 

comment on this temporary rule as such 

procedures are impracticable and 

contrary to the public interest. 

Unusually high amounts of debris are 

creating special environmental 

conditions that make trawling with 

TED-equipped nets impracticable. 

Providing notice and comment would 

prevent the agency from providing relief 

within the necessary time frame because 

shrimp loss and sea turtle lethal take is 

likely to occur in the interim period 

prior to finalizing this temporary rule. 

These resources would be impacted 

unnecessarily through a notice and 

comment period process.

For the same reasons, the AA finds 

that there is good cause to waive the 30–

day delay in effective date pursuant to 

5 U.S.C. 553(d)(3). The temporary rule 

grants a short-term exemption to the 

requirement to use TEDs, and, therefore, 

allows fishermen to choose between 

deploying TEDs or using tow-times. 

This temporary rule relieves a 

restriction and is not subject to a 30–day 

delay in effective date, pursuant to 5 

U.S.C. 553(d)(1). NMFS is making the 

rule effective October 12, 2004 through 

November 12, 2004.

Since prior notice and an opportunity 

for public comment are not required to 

be provided for this action by 5 U.S.C. 

553, or by any other law, the analytical 

requirements of 5 U.S.C. 601 et seq. are 

inapplicable.

The AA prepared an Environmental 

Assessment (EA) for this rule. Copies of 

the EA are available (see ADDRESSES).

Dated: October 12, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

[FR Doc. 04–23190 Filed 10–12–04; 3:54 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040618188–4265–02; I.D. 

061404A]

RIN 0648–AS26

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Correction

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document corrects a 

final rule that implemented Amendment 

16–3 to the Pacific Coast Groundfish 

Fishery Management Plan (FMP). This 

document corrects amendatory 

instruction 2.

DATES: Effective October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (Northwest Region, NMFS), 

phone: (206) 526–4646; fax: 206–526–

6736; and email: jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This final rule also is accessible via 

the Internet at the Office of the Federal 

Register’s website at 

www.gpoaccess.gov/fr/index/html and 

at the NMFS Northwest Region website 

at www.nwr.noaa.gov/1sustfsh/gfsh/

gdfsh/gdfsh01.html.

Background

NMFS published a final rule 

implementing Amendment 16–3 on 

September 28, 2004 (69 FR 57874). That 

final rule updated the list of rockfish 

species defined in the Code of Federal 

Regulations to match that listed in the 

FMP and corrected dusty rockfish to 

read dusky rockfish. In that final rule, 

dusty rockfish was mistakenly listed as 

dusky rockfish in the instruction 

language for which species was to be 

removed. This document corrects that 

amendatory instruction language.