70412 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use.

I. National Technology Transfer 

Advancement Act

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note), does not 

apply to this action.

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994).

K. Executive Order 12630: 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights (Takings)

EPA has complied with Executive 

Order 12630, entitled Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights (53 FR 8859, March 15, 1988), by 

examining the takings implications of 

this proposed rule in accordance with 

the ‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order.

L. Executive Order 12988: Civil Justice 

Reform

In issuing this proposed rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988, entitled Civil Justice Reform (61 

FR 4729, February 7, 1996).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals, 

Hazardous substances, Premanufacture 

notification, Reporting and 

recordkeeping requirements.

Dated: November 30, 2004. 

Charles M. Auer, 

Director, Office of Pollution Prevention and 

Toxics.

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721 

would continue to read as follows:

Authority: 15 U.S.C. 2604, 2607, and 

2625(c).

2. By adding new § 721.10000 to 

subpart E to read as follows:

§ 721.10000 Certain polybrominated 

diphenylethers.

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

as tetrabromodiphenyl ether (CAS No. 

40088–47–9; Benzene, 1,1′-oxybis-, 

tetrabromo deriv.), pentabromodiphenyl 

ether (CAS No. 32534–81–9; Benzene, 

1,1′-oxybis-, pentabromo deriv.), 

hexabromodiphenyl ether (CAS No. 

36483–60–0; Benzene, 1,1′-oxybis-, 

hexabromo deriv.), heptabromodiphenyl 

ether (CAS No. 68928–80–3; Benzene, 

1,1′-oxybis-, heptabromo deriv.), 

octabromodiphenyl ether (CAS No. 

32536–52–0; Benzene, 1,1′-oxybis-, 

octabromo deriv.), and 

nonabromodiphenyl ether (CAS No. 

63936–56–1; Benzene, 

pentabromo(tetrabromophenoxy)-), and 

any combination of these substances 

resulting from a chemical reaction are 

subject to reporting under this section 

for the significant new uses described in 

paragraph (a)(2) of this section.

(2) The significant new use is 

manufacture or import for any use on or 

after January 1, 2005.

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph.

(1) Persons who must report. Section 

721.5 applies to this section except for 

section 721.5(a)(2). A person who 

intends to manufacture or import for 

commercial purposes the substances 

identified in paragraph (a)(1) of this 

section and intends to distribute the 

substance in commerce must submit a 

significant new use notice.

(2) [Reserved]

[FR Doc. 04–26731 Filed 12–1–04; 2:54 pm]

BILLING CODE 6560–50–S

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 

50 CFR Part 17

RIN 1018–AT65

Endangered and Threatened Wildlife 

and Plants; Establishment of an 

Additional Manatee Protection Area in 

Lee County, FL

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Proposed rule; notice of public 

hearing and reopening of public 

comment period. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), provide notice that 

the public comment period for the 

proposed rule to establish the Pine 

Island-Estero Bay Manatee Refuge in Lee 

County, Florida, is reopened to allow all 

interested parties to submit written 

comments on the proposed rule. We are 

reopening the public comment period to 

accommodate those individuals and 

communities that are continuing to 

recover from the effects of both 

Hurricane Charley and Hurricane 

Frances. Comments previously 

submitted during the initial comment 

period need not be resubmitted as they 

will be incorporated into the public 

record and will be fully considered in 

the final determination on the proposal.

DATES: The original comment period 

closed on October 5, 2004. The 

comment period is hereby reopened 

until February 2, 2005. Comments from 

all interested parties must be received 

by the closing date. Any comments 

received after the closing date may not 

be considered in the final decision on 

this proposal. Furthermore, the public 

hearing that was originally scheduled 

for Wednesday, September 8, 2004, has 

been rescheduled for Wednesday, 

January 12, 2005, from 6:30 p.m. to 9:30 

p.m. in Fort Myers, Florida. See 

additional information on the public 

comment process in the SUPPLEMENTARY

INFORMATION section.

ADDRESSES: A formal public hearing 

will be held on Wednesday, January 12, 

2005, from 6:30 p.m. to 9:30 p.m. at the 

Harborside Convention Hall, 1375 

Monroe Street, Fort Myers, Florida. 

If you wish to comment, you may 

submit your comments by any one of 

several methods: 

1. You may submit written comments 

and information by mail to the Field 

Supervisor, South Florida Field Office, 

U.S. Fish and Wildlife Service, Attn: 

Proposed Manatee Refuge, 1339 20th 

Street, Vero Beach, Florida 32960. 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70413

2. You may hand-deliver written 

comments to our South Florida Field 

Office, at the above address, or fax your 

comments to (772) 562–4288. 

3. You may send comments by 

electronic mail (e-mail) to 

verobeach@fws.gov. For directions on 

how to submit electronic comment files, 

see the ‘‘Public Comments Solicited’’

section. 

We request that you identify whether 

you are commenting on the proposed 

rule or draft environmental assessment. 

Comments and materials received, as 

well as supporting documentation used 

in the preparation of this proposed rule, 

will be available for public inspection, 

by appointment, during normal business 

hours from 8 a.m. to 4:30 p.m. at the 

above address.

FOR FURTHER INFORMATION CONTACT: Jay 

Slack or Kalani Cairns (see ADDRESSES

section), telephone (772) 562–3909; or 

visit our Web site at http://

verobeach.fws.gov.

SUPPLEMENTARY INFORMATION: 

Public Comments Solicited 

We solicit comments or suggestions 

from the public, other concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested party concerning this 

proposed rule. We particularly seek 

comments concerning: 

1. The reasons why this area, 

particularly the waters known as Long 

Cut and Short Cut as well as any 

shallow water embayments within the 

proposed area, should or should not be 

designated as manatee refuges, 

including data in support of these 

reasons; 

2. Current or planned activities in the 

subject areas and their possible effects 

on manatees; 

3. Any foreseeable economic or other 

impacts resulting from the proposed 

designations; 

4. Potential adverse effects to the 

manatee associated with designating 

manatee protection areas for the species; 

and 

5. Any actions that could be 

considered in lieu of, or in conjunction 

with, the proposed designations that 

would provide comparable or improved 

manatee protection. 

We request that you identify whether 

you are commenting on the proposed 

rule or draft environmental assessment. 

Comments and materials received, as 

well as supporting documentation used 

in the preparation of this proposed rule, 

will be available for public inspection, 

by appointment, during normal business 

hours from 8 a.m. to 4:30 p.m. at the 

above address. You may obtain copies of 

the draft environmental assessment 

from the above address or by calling 

(772) 562–3909 or from our Web site at 

http://verobeach.fws.gov.

Comments submitted electronically 

should be embedded in the body of the 

e-mail message itself or attached as a 

text-file (ASCII) and should not use 

special characters and encryption. 

Please also include ‘‘Attn: RIN 1018–

AT65,’’ your full name, and return 

address in your e-mail message. 

Comments submitted to 

verobeach@fws.gov will receive an 

automated response confirming receipt 

of your message. If you do not receive 

a confirmation from the system that we 

have received your e-mail message, 

contact us directly by calling our South 

Florida Field Office (see ADDRESSES

section). 

Our practice is to make all comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the rulemaking record, which we will 

honor to the extent allowable by law. In 

some circumstances, we would 

withhold also from the rulemaking 

record a respondent’s identity, as 

allowable by law. If you wish for us to 

withhold your name and/or address, 

you must state this prominently at the 

beginning of your comments. However, 

we will not consider anonymous 

comments. We will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Our final determination on the 

proposed rule will take into 

consideration comments and any 

additional information received by the 

date specified above. Previous 

comments and information submitted 

during the original comment period 

need not be resubmitted. The comment 

period is reopened until February 2, 

2005. 

Background 

Manatees are a federally protected 

under both the Endangered Species Act 

(ESA) and Marine Mammal Protection 

Act (MMPA). Currently, collisions with 

watercraft probably constitute the 

greatest human-caused threat to the 

species. Historically, these collisions are 

responsible for about 25 percent of all 

manatee deaths and about 80 percent of 

all human-caused mortality in 

manatees. 

In November 2002, a judge in 

Florida’s 20th Judicial Circuit Court 

ruled that five State-designated manatee 

protection zones were invalid because 

the rule for four regulated areas did not 

meet the State standard for frequency of 

sightings and unduly interfered with the 

rights of voters. Since January 2004, the 

Florida Fish and Wildlife Conservation 

Commission have recovered four 

manatee carcasses in the affected areas. 

Subsequent necropsies reveal these 

animals died of wounds suffered from a 

boat collision. There have been at least 

18 boat-related manatee deaths in these 

five areas since 1999. 

For these reasons, we believe that 

there is imminent danger of take of one 

or more manatees in these areas and the 

designation of a manatee refuge is 

necessary to prevent such taking. 

Manatees utilize these areas, there is a 

history of take at these sites, future take 

is imminent, protection measures are 

insufficient, and we do not anticipate 

any alternative protection measures 

being enacted by State or local 

government in sufficient time to reduce 

the likelihood of take occurring. 

On April 7, 2004 we published an 

emergency designation of this area. This 

designation expired on August 5, 2004. 

The second emergency designation will 

be in effect until December 4, 2004. At 

that time, we plan to publish a third 

emergency designation in order to have 

adequate time to complete the normal 

rulemaking process (currently 

underway). Due to recent hurricanes in 

the area of Lee County, we are 

reopening the public comment period to 

allow all interested parties to provide 

comments. 

Federal authority to establish 

protection areas for the Florida manatee 

is provided by the ESA and the MMPA 

and is codified in 50 CFR, part 17, 

subpart J. We have discretion, by 

regulation, to establish manatee 

protection areas whenever there is 

substantial evidence showing such 

establishment is necessary to prevent 

the taking of one or more manatees. 

Author 

The primary author of this document 

is Kalani Cairns (see ADDRESSES

section). 

Authority 

The authority to establish manatee 

protection areas is provided by the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), and 

the Marine Mammal Protection Act of 

1972 (16 U.S.C. 1361–1407), as 

amended.

70414 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

Dated: November 4, 2004. 

Cynthia K. Dohner, 

Acting Regional Director.

[FR Doc. 04–26709 Filed 12–3–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[Docket No. I.D. 041110317–4317; I.D. 

110404B]

RIN 0648–AR51

50 CFR Part 648

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2005 and 

2006 Summer Flounder Specifications; 

2005 Scup and Black Sea Bass 

Specifications; 2005 Research SetAside Projects

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS proposes specifications 

for the 2005 and 2006 summer flounder 

fisheries, and for the 2005 scup and 

black sea bass fisheries. The 

implementing regulations for the 

Fishery Management Plan for the 

Summer Flounder, Scup, and Black Sea 

Bass Fisheries (FMP) require NMFS to 

publish specifications for the upcoming 

fishing year for each of the species and 

to provide an opportunity for public 

comment. This proposed rule also 

would make changes to the regulations 

regarding the commercial scup fishery. 

The intent of this action is to establish 

harvest levels and other measures to 

attain the target fishing mortality rates 

(F) or exploitation rates specified for 

these species in the FMP, and to 

reducing bycatch and improve the 

efficiency of the commercial scup 

fishery. NMFS has conditionally 

approved three research projects for the 

harvest of the portion of the quota that 

has been recommended by the MidAtlantic Fishery Management Council 

(Council) to be set aside for research 

purposes. In anticipation of receiving 

applications for Experimental Fishing 

Permits (EFPs) to conduct this research, 

the Assistant Regional Administrator for 

Sustainable Fisheries, Northeast Region, 

NMFS (Assistant Regional 

Administrator), has made a preliminary 

determination that the activities 

authorized under the EFPs issued in 

response to the approved Research SetAside (RSA) projects would be 

consistent with the goals and objectives 

of the FMP. However, further review 

and consultation may be necessary 

before a final determination is made to 

issue any EFP.

DATES: Comments must be received on 

or before December 21, 2004.

ADDRESSES: Copies of the specifications 

document, including the Environmental 

Assessment, Regulatory Impact Review, 

and Initial Regulatory Flexibility 

Analysis (EA/RIR/IRFA) and other 

supporting documents for the 

specifications are available from Daniel 

Furlong, Executive Director, MidAtlantic Fishery Management Council, 

Room 2115, Federal Building, 300 South 

Street, Dover, DE 19901–6790. The 

specifications document is also 

accessible via the Internet at http://

www.nero.nmfs.gov. Written comments 

on the proposed rule should be sent to 

Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope ‘‘Comments—Summer 

Flounder, Scup, and Black Sea Bass 

Specifications.’’ Comments may also be 

sent via facsimile (fax) to 978–281–

9135, or via e-mail to the following 

address: FSB2005@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier: 

‘‘Comments on Summer Flounder, 

Scup, and Black Sea Bass 

Specifications.’’ Comments may also be 

submitted electronically through the 

Federal e-Rulemaking portal: http://

www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, Fishery Policy 

Analyst, (978) 281–9279, fax (978) 281–

9135.

SUPPLEMENTARY INFORMATION:

Background

The summer flounder, scup, and 

black sea bass fisheries are managed 

cooperatively by the Atlantic States 

Marine Fisheries Commission 

(Commission) and the Council, in 

consultation with the New England and 

South Atlantic Fishery Management 

Councils. The management units 

specified in the FMP include summer 

flounder (Paralichthys dentatus) in U.S. 

waters of the Atlantic Ocean from the 

southern border of North Carolina (NC) 

northward to the U.S./Canada border, 

and scup (Stenotomus chrysops) and 

black sea bass (Centropristis striata) in 

U.S. waters of the Atlantic Ocean from 

35°13.3′ N. lat. (the latitude of Cape 

Hatteras Lighthouse, Buxton, NC) 

northward to the U.S./Canada border. 

Implementing regulations for these 

fisheries are found at 50 CFR part 648, 

subparts A, G (summer flounder), H 

(scup), and I (black sea bass).

The regulations outline the process 

for specifying annually the catch limits 

for the summer flounder, scup, and 

black sea bass commercial and 

recreational fisheries, as well as other 

management measures (e.g., mesh 

requirements, minimum fish sizes, gear 

restrictions, possession restrictions, and 

area restrictions) for these fisheries. The 

measures are intended to achieve the 

annual targets set forth for each species 

in the FMP, specified either as an F or 

exploitation rate (the proportion of fish 

available at the beginning of the year 

that are removed by fishing during the 

year). Once the catch limits are 

established, they are divided into quotas 

based on formulas contained in the 

FMP.

As required by the FMP, a Monitoring 

Committee for each species, made up of 

members from NMFS, the Commission, 

and both the Mid-Atlantic and New 

England Fishery Management Councils, 

is required to review the best available 

scientific information and to 

recommend catch limits and other 

management measures that will achieve 

the target F or exploitation rate for each 

fishery. Consistent with the 

implementation of Framework 

Adjustment 5 to the FMP (69 FR 62818, 

October 28, 2004), each Monitoring 

Committee meets annually to 

recommend the Total Allowable 

Landings (TAL), unless the TAL has 

already been established for the 

upcoming calendar year as part of a 

multiple-year specification process, 

provided that new information does not 

require a modification to the multipleyear quotas.

The Council’s Demersal Species 

Committee and the Commission’s 

Summer Flounder, Scup, and Black Sea 

Bass Management Board (Board) then 

consider the Monitoring Committees’

recommendations and any public 

comment and make their own 

recommendations. While the Board 

action is final, the Council’s 

recommendations must be reviewed by 

NMFS to assure that they comply with 

FMP objectives. The Council and Board 

made their recommendations at a joint 

meeting held August 11, 2004.

Explanation of RSA

In 2001, regulations were 

implemented under Framework 

Adjustment 1 to the FMP to allow up to 

3 percent of the TAL for each of the 

species to be set aside each year for 

scientific research purposes. For the 

2005 fishing year, a Request for