67668 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

J. Executive Order 13045 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under E.O. 

12866, and (2) concerns an 

environmental, health, or safety risk that 

NHTSA has reason to believe may have 

a disproportionate effect on children. If 

the regulatory action meets both criteria, 

we must evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by us. 

This final rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

E.O. 12866 and does not involve 

decisions based on environmental, 

health, or safety risks that 

disproportionately affect children. 

K. Privacy Act 

Anyone is able to search the 

electronic form of all comments 

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.

L. Executive Order 12988 (Civil Justice 

Reform) 

This final rule will not have any 

retroactive effect. Under 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.

List of Subjects in 49 CFR Part 571 

Motor vehicle safety standards.

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS

■ In consideration of the foregoing, 

NHTSA amends 49 CFR part 571.224 as 

set forth below.

■ 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 571.224 is amended by 

revising S3 and by adding the definition 

of ‘‘Road construction controlled 

horizontal discharge trailer’’ in 

alphabetical order to S4 to read as 

follows:

§ 571.224 Standard No. 224; Rear Impact 

Protection.

* * * * *

S3. Application. This standard 

applies to trailers and semitrailers with 

a GVWR of 4,356 kg or more. The 

standard does not apply to pole trailers, 

pulpwood trailers, road construction 

controlled horizontal discharge trailers, 

special purpose vehicles, wheels back 

vehicles, or temporary living quarters as 

defined in 49 CFR 529.2. If a cargo tank 

motor vehicle, as defined in 49 CFR 

171.8, is certified to carry hazardous 

materials and has a rear bumper or rear 

end protection device conforming with 

49 CFR part 178 located in the area of 

the horizontal member of the rear 

underride guard required by this 

standard, the guard need not comply 

with the energy absorption requirement 

(S5.2.2) of 49 CFR 571.223. 

S4. Definitions.

* * * Road construction controlled 

horizontal discharge trailer means a 

trailer or semitrailer that is equipped 

with a mechanical drive and a conveyor 

to deliver asphalt and other road 

building materials, in a controlled 

horizontal manner, into a lay down 

machine or paving equipment for road 

construction and paving operations.

* * * * *

Issued: November 12, 2004. 

Jeffrey W. Runge, 

Administrator.

[FR Doc. 04–25703 Filed 11–18–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 031125292–4061–02; I.D. 

111504A]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

in the Central Regulatory Area 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 Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2004 total 

allowable catch (TAC) of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA.

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 17, 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 

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 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA is 24,404 metric tons 

(mt) as established by the 2004 harvest 

specifications for groundfish of the GOA 

(69 FR 9261, February 27, 2004). NMFS 

closed the directed fishery for Pacific 

cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA under 

§ 679.20(d)(1)(iii) on September 10, 

2004 (69 FR 55361, September 14, 

2004), and reopened it on September 28, 

2004 (69 FR 58367, September 30, 

2004).

Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Rules and Regulations 67669

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2004 TAC of Pacific 

cod apportioned to vessels catching 

Pacific cod for processing by the inshore 

component of the Central Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 24,304 mt, and is setting 

aside the remaining 100 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 Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component in 

the Central Regulatory Area of the GOA.

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 closure of the directed fishery 

for Pacific cod by vessels catching 

Pacific cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA.

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: November 15, 2004.

Alan D. Risenhoover,

Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25738 Filed 11–16–04; 3:49 pm]

BILLING CODE 3510–22–S