Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68089

(B) 25 Pa. Code Chapter 130, 

Subchapter C. Architectural and 

Industrial Maintenance Coatings, 

Subsections 130.601–130.611, inclusive, 

effective October 25, 2003. 

(ii) Additional Material.—Remainder 

of the Commonwealth’s submittals 

pertaining to the revisions listed in 

paragraph (c)(227)(i) of this section.

[FR Doc. 04–25815 Filed 11–22–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 10, 12, 28, 30 

[USCG–2004–18884] 

RIN 1625–ZA03 

Shipping and Transportation; 

Technical, Organizational and 

Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule; corrections.

SUMMARY: This document contains 

corrections to the Shipping and 

Transportation; Technical, 

Organizational and Conforming 

Amendments final rule for Titles 46 and 

49 of the Code of Federal Regulations 

(USCG–2004–18884) published on 

September 30, 2004, in the Federal 

Register (69 FR 58336).

DATES: These corrections are effective 

November 23, 2004.

ADDRESSES: Documents as indicated in 

this preamble are available for 

inspection or copying at the Docket 

Management Facility, USCG–2004–

18884, U.S. Department of 

Transportation, room PL–401, 400 

Seventh Street, SW., Washington, DC, 

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

through Friday, except Federal holidays. 

You may also find this docket on the 

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If 

you have questions on these corrections, 

call Robert Spears, Project Manager, 

Standards Evaluation and Development 

Division (G–MSR–2), Coast Guard, at 

202–267–1099. If you have questions on 

viewing, or submitting material to the 

docket, call Andrea M. Jenkins, Program 

Manager, Docket Operations, 

Department of Transportation, 

telephone 202–366–0271.

SUPPLEMENTARY INFORMATION: 

Background 

Each year titles 46 and 49 of the Code 

of Federal Regulations are updated on 

October 1. That rule, which became 

effective September 30, 2004, corrected 

organization names and addresses, 

revised authority citations for certain 

parts to reflect our move to the 

Department of Homeland Security 

(DHS) in March 2003, and made other 

technical and editorial corrections 

throughout titles 46 and 49. Neither that 

rule nor this rule makes any substantive 

change to the existing regulations. 

Need for Correction 

The final rule that was published on 

September 30, 2004, contains errors 

which may prove to be misleading and 

need to be clarified. This rule makes 

those clarifications.

List of Subjects 

46 CFR Part 10 

Reporting and recordkeeping 

requirements, Schools, Seamen. 

46 CFR Part 12 

Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 28 

Fire prevention, Fishing vessels, 

Marine safety, Occupational safety and 

health, Reporting and recordkeeping 

requirements, Seamen. 

46 CFR Part 30 

Cargo vessels, Foreign relations, 

Hazardous materials transportation, 

Penalties, Reporting and recordkeeping 

requirements, Seamen.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR parts 10, 12, 28, and 30 as follows:

PART 10—LICENSING OF MARITIME 

PERSONNEL

■ 1. The authority citation for part 10 

continues to read as follows:

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

Chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906; 

Department of Homeland Security Delegation 

No. 0170.1. Sec. 10.107 is also issued under 

the authority of 44 U.S.C. 3507.

§ 10.805 [Amended]

■ 2. In § 10.805(f), remove the words 

‘‘The expiration date of a certificate of 

registry issued without an expiration 

date shall be determined in accordance 

with § 10.811.’’

PART 12—CERTIFICATION OF 

SEAMEN

■ 3. The authority citation for part 12 

continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 

2103, 2110, 7301, 7302, 7503, 7505, 7701; 

Department of Homeland Security Delegation 

No. 0170.1.

■ 4. Revise § 12.02–3(b)(3) to read as 

follows:

§ 12.02–3 Where documents are issued. 

(a) * * * 

(b) * * * 

(3) The written examinations are 

forwarded to the Commanding Officer, 

National Maritime Center by Merchant 

Marine Details. Any Marine Inspection 

Office at which an applicant with a 

temporary permit appears may request 

and obtain the examination in the case 

from the Commanding Officer, National 

Maritime Center. Any Marine Inspection 

Office which doubts the propriety of 

issuing a permanent certificate in lieu of 

a temporary permit which has been 

issued by a foreign Merchant Marine 

Detail shall inform the Commanding 

Officer, National Maritime Center fully 

as to the circumstances.

§ 12.15–5 [Amended]

■ 5. In § 12.15–5(c), remove the word 

‘‘therefore’’ and add, in its place, the 

word ‘‘therefor’’.

PART 28—REQUIREMENTS FOR 

COMMERCIAL FISHING INDUSTRY 

VESSELS

■ 6. The authority citation for part 28 

continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505, 

4506, 6104, 10603; Department of Homeland 

Security Delegation No. 0170.1.

§ 28.30 [Amended]

■ 7. In § 28.30(a), after the words 

‘‘subchapter S’’, remove the words ‘‘of 

this chapter’’; and before the words 

‘‘subchapter S’’, add the words ‘‘33 

CFR’’.

PART 30—GENERAL PROVISIONS

■ 8. The authority citation for part 30 

continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

5103, 5106; Department of Homeland 

Security Delegation No. 0170.1; Section 

30.01–2 also issued under the authority of 44 

U.S.C. 3507; Section 30.01–05 also issued 

under the authority of Sec. 4109, Pub. L. 

101–380, 104 Stat. 515.

§ 30.15–1 [Amended]

■ 9. In § 30.15–1(a) remove the word 

‘‘therefore’’ and add, in its place, the 

word ‘‘therefor’’.

§ 30.30–11 [Amended]

■ 10. In § 30.30–11(b) remove the word 

‘‘therefore’’ and add, in its place, the 

word ‘‘therefor’’.

68090 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

Dated: November 17, 2004. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard.

[FR Doc. 04–25967 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[Docket No. 030604143–4309–02; I.D. 

030403C]

RIN 0648–AQ90

Atlantic Highly Migratory Species; 

Atlantic Swordfish Quotas

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS amends the regulations 

governing the North and South Atlantic 

swordfish fisheries to implement 

recommendations adopted at the 2002 

meeting of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). Specifically, 

NMFS: increases the North Atlantic 

swordfish quota to 3,877 metric tons 

(mt) whole weight (ww) in 2003 and to 

3,907 mt ww in 2004 and 2005; 

establishes a dead discard allowance of 

80 mt ww for 2003; transfers 25 mt ww 

of North Atlantic swordfish quota to 

Canada in 2003, 2004, and 2005; allows 

up to 200 mt ww of North Atlantic 

swordfish quota to be caught between 5 

degrees North latitude and 5 degrees 

South latitude; and establishes a South 

Atlantic swordfish quota of 100 mt ww 

in 2003, 2004, and 2005 and 120 mt ww 

in 2006. In addition, NMFS adjusts the 

2003 and 2004 directed and reserve 

quotas based on underharvests from the 

2002 and 2003 fishing years, 

respectively.

DATES: This final rule is effective 

December 23, 2004.

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review (EA/RIR) may be 

obtained from Christopher Rogers, 

Chief, Highly Migratory Species 

Management Division F/SF1, 1315 EastWest Highway, Silver Spring, MD 

20910. These documents are also 

available from the Highly Migratory 

Species Management Division website 

at www.nmfs.noaa.gov/sfa/hms/.

FOR FURTHER INFORMATION CONTACT:

Chris Rilling, by phone: 301–713–2347 

or by fax: 301–713–1917.

SUPPLEMENTARY INFORMATION: The 

United States Atlantic swordfish and 

tuna fisheries are managed under the 

Fishery Management Plan for Atlantic 

Tunas, Swordfish, and Sharks (HMS 

FMP). Implementing regulations at 50 

CFR part 635 are issued under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. and the Atlantic Tunas 

Convention Act (ATCA), 16 U.S.C. 971 

et seq. Regulations issued under the 

authority of ATCA carry out the 

recommendations of ICCAT. The June 

20, 2003, proposed rule (68 FR 36967) 

contains the background information for 

the management measures in this final 

rule; the background information is not 

repeated in this final rule.

Comments and Responses

NMFS held three public hearings in 

July and August 2003 in Gloucester, 

MA; Madeira Beach, FL; and Silver 

Spring, MD. Comments were received 

from fishery participants and other 

members of the public regarding the 

proposed regulations. In addition, 

written comments were submitted to 

NMFS during the 45-day comment 

period. Written and oral comments are 

summarized below with NMFS’

responses.

North Atlantic Swordfish Quota

Comment 1: One commenter supports 

opportunities for U.S. fishermen to land 

more swordfish as long as it is done in 

a manner that does not compromise the 

full rebuilding of the population and 

long-term sustainability of the resource.

Response: NMFS agrees that ensuring 

sustainability and rebuilding the 

population are important aspects of 

providing long term opportunities for 

fishermen to harvest the resource. The 

selected alternatives are consistent with 

the objectives of the ICCAT rebuilding 

program, Magnuson-Stevens Act, ATCA, 

and the HMS FMP and will ensure the 

sustainability of the stock.

Comment 2: To facilitate harvest of 

the United States allocated quota, the 

United States should make a limited 

number of new handgear permits 

available for distribution.

Response: Making a limited number 

of new handgear permits available is 

one option for addressing the 

underharvest occurring in recent years. 

Since this would require a plan 

amendment, NMFS solicited comments 

regarding this and other options during 

the scoping process for Amendment 2 to 

the HMS FMP and may consider those 

options in Amendment 2 or other future 

rulemaking.

Comment 3: If the United States is 

unable to catch its quota, there will be 

efforts by other ICCAT countries to 

permanently reduce the U.S. quota 

share and allocate that quota to other 

fishing nations. This will have 

conservation ramifications given that 

U.S. fisheries are better managed than 

fisheries in other ICCAT nations.

Response: This rule implements 

recommendations agreed to at the 2002 

meeting of ICCAT. The North Atlantic 

swordfish quota levels are established 

through 2005. ICCAT will reevaluate the 

current quotas and recommend new 

ones at that time. NMFS will continue 

to evaluate the need for all current 

regulations with regard to the effect on 

harvest rates and will work with 

fishermen to preserve the U.S. quota 

share while ensuring consistency with 

the Magnuson-Stevens Act, the 

Endangered Species Act (ESA), and 

other domestic laws.

Comment 4: U.S. underharvests are 

primarily a result of the premature 

closures of the directed fishery in 1997 

and 1998 and the overly restrictive 

time/area closures currently in place. 

Scientific data shows swordfish 

recovering before implementation of the 

time/area closures. Because of current 

management, this once thriving 

domestic fishery has exhibited reduced 

effort and profitability.

Response: NMFS implemented the 

current time and area closures and other 

restrictions to reduce bycatch in the 

pelagic longline fishery. This bycatch 

included juvenile swordfish, billfish, 

sharks, and sea turtles. NMFS will 

evaluate the impact and effectiveness of 

the closures in Amendment 2 to the 

HMS FMP or other future rulemaking 

and will modify them if necessary to 

meet management objectives and 

legislative requirements.

Comment 5: One commenter opposed 

an increase in the North Atlantic 

swordfish quota. Even though the stock 

assessment indicates improvement, the 

stock is still overfished. Any increase in 

quota will slow down or reverse the 

improvement and lead to an increase in 

dead discards of juvenile swordfish, 

marlin, and sharks. Increasing the quota 

goes against NMFS’ stated goal of riskaverse management. The increase is 

hard to understand given the United 

States has not landed the quota since 

1995.

Response: At its 2002 meeting, ICCAT 

conducted a North Atlantic swordfish 

stock assessment and determined that 

the population had nearly recovered to 

a level that will support maximum 

sustainable yield and that an increase