Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 64501

1See 64 FR 36807. 2See 49 CFR 574.5 (1998). 3See 64 FR 36807 at 36813. 4See 63 FR 55832 at 55834 (October 19, 1998); 

see also 64 CFR 36807 at 36810. 5See Docket Numbers NHTSA–2004–17917–8 

and NHTSA–2004–17917–9, at http://dms.dot.gov/

search/searchFormSimple.cfm. 6See 69 FR 31306 at 31309 (June 3, 2004).

cross section width. This document 

corrects this inadvertent removal.

DATES: Effective December 6, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

George Feygin, Office of Chief Counsel 

(Telephone: 202–366–2992) (Fax: 202–

366–3820), 400 7th, SW., Washington, 

DC 20590.

SUPPLEMENTARY INFORMATION: NHTSA’s 

tire identification and recordkeeping 

regulation requires that new tire 

manufacturers and tire retreaders mark 

their tires with the TIN on at least one 

sidewall. The TIN consists of (a) the 

manufacturer’s or retreader’s 

identification code, (b) the tire size 

symbol, (c) optional tire type code, and 

(d) the date of the manufacture (date 

code). On July 8, 1999, NHTSA 

amended this regulation to require that 

the date code portion of the TIN consist 

of four digits, instead of the previously 

required three digits.1

The change to the TIN requirements 

necessitated that the figure in the 

regulatory text depicting the TIN be 

revised. The old figure contained a 

footnote that allowed a smaller TIN size 

for tires of less than 6 inches cross 

section width and tires of less than 13 

inches bead diameter.2 However, when 

the agency published the July 8, 1999, 

final rule, we inadvertently removed 

this footnote from the new figure.3 The 

inadvertent nature of this removal is 

apparent from the preamble to the 

Notice of Proposed Rulemaking 

preceding the July 8, 1999, final rule, 

and from the preamble to the final rule 

itself. In both documents, NHTSA 

reiterated that § 574.5 permits tires of 

less than 13 inches bead diameter or 

those of less than 6 inches cross section 

width to have the smaller TIN size.4

This error was brought to our attention 

by Japan Automobile Tyre 

Manufacturers Association and 

Goodyear Tire & Rubber Company.5

We note that in a recent document, 

NHTSA indicated that the TIN size 

requirements, adopted for other tires 

subsequent to the July 8, 1999, final 

rule, apply to tires of less than 13 inches 

bead diameter or those of less than 6 

inches cross section width.6 That 

discussion, which was prepared before 

we recognized the error made in the July 

8, 1999, final rule, is inaccurate. The 

new TIN size requirements were not 

intended to apply to tires of less than 13 

inches bead diameter or those of less 

than 6 inches cross section width.

This notice corrects the CFR by 

adding the inadvertently removed 

footnote to 49 CFR 574.5. Instead of 

correcting the figure, the agency is 

adding the contents of the missing 

footnote to the regulatory text after 

Section (d). 

This correction will not impose or 

relax any substantive requirements or 

burdens on manufacturers. Therefore, 

NHTSA finds for good cause that any 

notice and opportunity for comment on 

these correcting amendments are not 

necessary.

List of Subjects in 49 CFR Part 574

Labeling, Motor vehicle safety, 

Reporting and recordkeeping 

requirements, Tires.

■ 49 CFR part 574 is corrected by making 

the following correcting amendment:

PART 574—[CORRECTED]

■ 1. The authority citation continues to 

read as follows:

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

30117, 30166; delegation of authority at CFR 

1.50.

■ 2. Add new paragraph (e) to § 574.5 to 

read as follows:

§ 574.5 Tire identification requirements.

* * * * *

(e) Tire identification number height.

Notwithstanding Figures 1 and 2, each 

character in the tire identification 

number on tires with less than 6 inches 

in cross section width or tires with less 

than 13 inches bead diameter may be 

any size of 5/32 inches (4 mm) or 

greater.

Issued: November 2, 2004. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking.

[FR Doc. 04–24774 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040429134–4135–01; I.D. 

102504C]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #13 

- Adjustments of the Recreational 

Fisheries from the U.S.-Canada Border 

to Cape Falcon, Oregon

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure and modification of 

fishing seasons; request for comments.

SUMMARY: NMFS announces that the 

recreational salmon fishery in the area 

from the U.S.-Canada Border to Cape 

Alava, WA (Neah Bay Subarea), was 

modified to close at midnight on 

Thursday, September 2, 2004. To allow 

for the Neah Bay Subarea to remain 

open until September 2, 2004, 3,100 

coho were transferred to the Neah Bay 

coho quota on an impact neutral basis 

from the Queets River to Leadbetter 

Point, WA (Westport Subarea) coho 

quota. These actions were necessary to 

conform to the 2004 management goals. 

The intended effect of these actions was 

to allow the fishery to operate within 

the seasons and quotas specified in the 

2004 annual management measures.

DATES: Transfer of quota to the U.S.-

Canada Border to Cape Alava, WA 

effective August 26, 2004; closure for 

the area from the U.S.-Canada Border to 

Cape Alava, WA effective 2359 hours 

local time September 2, 2004; after 

which the fishery will remain closed 

until opened through an additional 

inseason action for the west coast 

salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period announced in 

the 2005 annual management measures. 

Comments will be accepted through 

November 22, 2004.

ADDRESSES: Comments on these actions 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA13.nwr@noaa.gov

address, or through the internet at the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [docket number and/or RIN 

number] in the subject line of the 

message. Information relevant to this 

document is available for public review 

during business hours at the Office of 

the Regional Administrator, Northwest 

Region, NMFS.

FOR FURTHER INFORMATION CONTACT:

Christopher Wright, 206–526–6140.

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator (RA) 

adjusted the recreational salmon fishery

64502 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Rules and Regulations 

in the area from the U.S.-Canada Border 

to Cape Alava, WA (Neah Bay Subarea) 

to close at midnight on Thursday, 

September 2, 2004. To allow for the 

Neah Bay Subarea to remain open until 

September 2, 3,100 coho were 

transferred to the Neah Bay coho quota 

on an impact neutral basis from the 

Queets River to Leadbetter Point, WA 

(Westport Subarea), coho quota. On 

August 19 the Regional Administrator 

had determined the available catch and 

effort data indicated that the adjusted 

quota of 30,750 coho salmon would be 

reached, and that a transfer of quota 

from the Westport to the Neah Bay 

Subarea could be done without 

impacting the fishers from Westport.

All other restrictions remained in 

effect as announced for 2004 ocean 

salmon fisheries and previous inseason 

actions. These actions were necessary to 

conform to the 2004 management goals. 

Automatic season closures based on 

quotas are authorized by regulations at 

50 CFR 660.409(a)(1). Modification of 

quotas and/or fishing seasons is 

authorized by regulations at 50 CFR 

660.409(b)(1)(i).

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS 

announced the recreational fishery in 

the area from the U.S.-Canada Border to 

Cape Alava, WA (Neah Bay Subarea) 

would open June 27 through the earlier 

of September 19 or a 21,050–coho 

subarea quota, with a subarea guideline 

of 3,700 chinook; and that the area from 

the Queets River to Leadbetter Point, 

WA (Westport Subarea) would open 

June 27 through the earlier of September 

19 or a 74,900 coho subarea quota, with 

a subarea guideline of 30,800 chinook.

The recreational fishery in the area 

from the Queets River, WA, to Cape 

Falcon, OR (Westport and Columbia 

River Subareas) was modified by 

Inseason Action #7 to be open 7 days 

per week, with a modified daily bag 

limit of all salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip, effective Friday, 

July 23, 2004, thus allowing for the 

retention of two chinook per day (69 FR 

52448, August 26, 2004).

The recreational fisheries in the area 

from Cape Alava, WA to Cape Falcon, 

OR (La Push, Westport, and Columbia 

River Subareas) were modified by 

Inseason Action #10 to have a minimum 

size limit for chinook of 24 inches (61.0 

cm) total length; and for the area from 

Cape Alava to Queets River, WA (La 

Push Subarea) the daily bag limit was 

modified to: ‘‘all salmon, two fish per 

day, and all retained coho must have a 

healed adipose fin clip,’’ thus allowing 

for the retention of two chinook per day. 

In addition, 40,000 coho were 

reallocated from Queets River to 

Leadbetter Point, WA (Westport 

Subarea) quota, by transferring the coho 

on an impact neutral basis, to the coho 

quota in the subarea from the U.S.-

Canada Border to Cape Alava, WA 

(Neah Bay Subarea), which increased 

the Neah Bay Subarea quota by 6,600 

coho (69 FR 54047, September 7, 2004).

The recreational salmon fishery from 

the Queets River to Leadbetter Point, 

WA (Westport Subarea) was modified 

by Inseason Action numsign;11, 

effective Sunday, August 29, 2004, to 

allow for the retention of all legal sized 

coho until the earlier of September 19 

or a quota of 10,000 coho (69 FR 63333, 

November 1, 2004). Unmarked coho 

could only be possessed and landed in 

the Westport Subarea. In addition, 

20,000 coho from the quota of the 

commercial fishery from the U.S.-

Canada Border to Cape Falcon was 

traded for 5,000 chinook from the 

Westport Subarea quota.

On August 26, 2004, the RA consulted 

with representatives of the Pacific 

Fishery Management Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife by conference call. 

Information related to catch to date, the 

coho and chinook catch rates, and effort 

data indicated that it was likely that the 

Neah Bay Subarea coho quota would be 

reached soon, and that the Westport 

Subarea catch was much lower than was 

predicted preseason, with the result that 

a significant portion of the subarea coho 

quota would remain un-caught at the 

end of the season. As a result, on August 

26 the states recommended, and the RA 

concurred, that 7,100 coho be 

reallocated from the Westport Subarea 

quota, by transferring the coho on an 

impact neutral basis, to the coho quota 

in the Neah Bay Subarea, thus 

increasing its quota by 3,100 coho; and 

that the Neah Bay Subarea be closed at 

midnight on Thursday, September 2, 

2004. All other restrictions that apply to 

this fishery remained in effect as 

announced in the 2004 annual 

management measures.

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason actions 

recommended by the states. The states 

manage the fisheries in state waters 

adjacent to the areas of the U.S. 

exclusive economic zone in accordance 

with these Federal actions. As provided 

by the inseason notice procedures of 50 

CFR 660.411, actual notice to fishers of 

the already described regulatory action 

was given, prior to the date the action 

was effective, by telephone hotline 

number 206–526–6667 and 800–662–

9825, and by U.S. Coast Guard Notice to 

Mariners broadcasts on Channel 16 

VHF-FM and 2182 kHz.

These actions do not apply to other 

fisheries that may be operating in other 

areas.

Classification

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that good 

cause exists for this notification to be 

issued without affording prior notice 

and opportunity for public comment 

under 5 U.S.C. 553(b)(B) because such 

notification would be impracticable. As 

previously noted, actual notice of the 

regulatory action was provided to 

fishers through telephone hotline and 

radio notification. These actions comply 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (69 FR 25026, May 5, 2004), 

the West Coast Salmon Plan, and 

regulations implementing the West 

Coast Salmon Plan 50 CFR 660.409 and 

660.411. Prior notice and opportunity 

for public comment was impracticable 

because NMFS and the state agencies 

have insufficient time to provide for 

prior notice and the opportunity for 

public comment between the time the 

fishery catch and effort data are 

collected to determine the extent of the 

fisheries, and the time the fishery 

closure must be implemented to avoid 

exceeding the quota. Because of the rate 

of harvest in this fishery, failure to close 

the fishery upon attainment of the quota 

would allow the quota to be exceeded, 

resulting in fewer spawning fish and 

possibly reduced yield of the stocks in 

the future. For the same reasons, the AA 

also finds good cause to waive the 30–

day delay in effectiveness required 

under U.S.C. 553(d)(3).

These actions are authorized by 50 

CFR 660.409 and 660.411 and are 

exempt from review under Executive 

Order 12866.

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

Dated: November 1, 2004.

Bruce C. Morehead,

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–24760 Filed 11–4–04; 8:45 am]

BILLING CODE 3510–22–S