74454 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION

Maritime Administration 

46 CFR Part 310 

[Docket No. MARAD 2004–17759] 

RIN 2133–AB58 

Deferment of Service Obligations of 

Midshipmen Recipients of 

Scholarships or Fellowships

AGENCY: Maritime Administration, DOT.

ACTION: Final rule.

SUMMARY: This rule adopts as final, 

without change, the interim final rule 

published in the Federal Register (69 

FR 29079) on May 20, 2004. This final 

rule amends the Maritime 

Administration’s (MARAD’s) 

regulations so that the Maritime 

Administrator’s authority to defer 

service obligations of United States 

Merchant Marine Academy (USMMA) 

midshipmen recipients of scholarships 

or fellowships of national significance is 

not conditioned on enrollment in 

postgraduate marine or maritime-related 

courses of study.

DATES: This final rule is effective on 

December 14, 2004.

ADDRESSES: This final rule is available 

for inspection and copying between 10 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays at the 

Docket Clerk, U.S. DOT Dockets, Room 

PL–401, Department of Transportation, 

400 7th St., SW., Washington, DC 

20590. An electronic version of this 

document along with all documents 

entered into this docket are available on 

the World Wide Web at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Rita 

Jackson, Academies Program Officer, 

Office of Policy and Plans, Maritime 

Administration, Department of 

Transportation, 400 7th St., SW., Room 

7302, Washington, DC 20590; 

Telephone: (202) 366–0284.

SUPPLEMENTARY INFORMATION: 46 App. 

U.S.C. 1295b(e)(5) states that the 

Maritime Administrator, relying on a 

delegation of authority from the 

Secretary may defer the service 

obligation of any student graduating 

from the USMMA for up to two years 

provided that student is enrolled in an 

approved course of study. 

46 CFR 310.58(g) states that the 

Maritime Administrator may grant a 

deferment of a service obligation 

contract, for up to two years only for 

graduate students enrolled in a marine 

or maritime-related graduate course of 

study approved by the Administrator. 

The differences in the terms of 46 

App. U.S.C. 1295b(e)(5) and 46 CFR 

310.58 may hinder midshipmen with 

superior credentials from pursuing 

postgraduate scholarships and 

fellowships. Specifically, since service 

obligations may be deferred only if 

postgraduate course work involves a 

marine or maritime-related course of 

study, graduate studies are limited. 

The Administrator’s discretion to 

defer the service obligations of USMMA 

midshipmen recipients of scholarships 

is not limited by the U.S. Code. 

Therefore, we are amending 46 CFR 

310.58(g) to reflect the terms of 46 App. 

U.S.C. 1295b(e)(5) so that the amended 

regulation will not condition the 

Administrator’s ability to defer the 

service obligations of recipients of 

scholarships and fellowships of national 

significance on enrollment in a marine 

or maritime-related course of study. 

On May 20, 2004, MARAD published 

the interim final rule that preceded this 

action in the Federal Register (69 FR 

29079). While MARAD solicited public 

comments on the interim rule, no 

comments were received. Accordingly, 

MARAD adopts the interim final rule as 

a final rule without change. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review), and Department 

of Transportation (DOT) Regulatory 

Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866, 

and therefore, was not reviewed by the 

Office of Management and Budget. This 

final rule is not likely to result in an 

annual effect on the economy of $100 

million or more. This final rule is also 

not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034, February 26, 1979). The costs 

and overall economic impact of this 

rulemaking are so minimal that no 

further analysis is necessary. 

Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 553) provides an exception to 

notice and comment procedures when 

they are unnecessary or contrary to the 

public interest. MARAD finds that 

under 5 U.S.C. 553(b)(3)(B), good cause 

exists for not providing notice and 

comment since this final rule only 

expands the subject area of courses of 

study that may be approved by the 

Maritime Administrator. Under 5 U.S.C. 

553(d)(3), MARAD finds that, for the 

same reason listed above, good cause 

exists for making this rule effective less 

than 30 days after publication in the 

Federal Register. 

Federalism 

We analyzed this final rule in 

accordance with the principles and 

criteria contained in E.O. 13132 

(‘‘Federalism’’) and have determined 

that it does not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. The regulations have 

no substantial effect on the States, the 

current Federal-State relationship, or 

the current distribution of power and 

responsibilities among local officials. 

Therefore, consultation with State and 

local officials was not necessary. 

Regulatory Flexibility 

The Maritime Administrator certifies 

that this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule merely broadens the area 

of consideration for courses of study 

that may allow deferred service 

obligations. 

Executive Order 13175 

MARAD does not believe that this 

final rule will significantly or uniquely 

affect the communities of Indian tribal 

governments when analyzed under the 

principles and criteria contained in 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments). Therefore, the funding 

and consultation requirements of this 

Executive Order do not apply. 

Environmental Assessment 

We have analyzed this final rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and have 

concluded that under the categorical 

exclusions provision in section 4.05 of 

Maritime Administrative Order (MAO) 

600–1, ‘‘Procedures for Considering 

Environmental Impacts,’’ 50 FR 11606 

(March 22, 1985), neither the 

preparation of an Environmental 

Assessment, an Environmental Impact 

Statement, nor a Finding of No 

Significant Impact for this rulemaking is 

required. This rulemaking has no 

environmental impact. 

Paperwork Reduction Act 

This rulemaking contains no new or 

amended information collection or 

recordkeeping requirements that have 

been approved or require approval by 

the Office of Management and Budget. 

Unfunded Mandates Reform Act of 1995 

This final rule will not impose an 

unfunded mandate under the Unfunded 

Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Rules and Regulations 74455

Mandates Reform Act of 1995. It will 

not result in costs of $100 million or 

more, in the aggregate, to any of the 

following: State, local, or Native 

American tribal governments, or the 

private sector. This final rule is the least 

burdensome alternative that achieves 

this objective of U.S. policy.

List of Subjects in 46 CFR Part 310 

Federal Aid Programs, Reporting and 

recordkeeping requirements, Schools, 

Seamen.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, MARAD adopts the 

interim final rule amending 46 CFR part 

310 that was published in the Federal 

Register on May 20, 2004 (69 FR 29079) 

as a final rule without change.

By Order of the Maritime Administrator.

Dated: December 9, 2004. 

Joel C. Richard, 

Secretary, Maritime Administration.

[FR Doc. 04–27334 Filed 12–13–04; 8:45 am] 

BILLING CODE 4910–81–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 041202339–4339–01; I.D. 

112204D]

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Interim 2005 Harvest Specifications for 

Groundfish

AGENCY: National Marine Fisheries 

Service (NMFS); National Oceanic and 

Atmospheric Administration (NOAA); 

Commerce.

ACTION: Temporary rule; interim 

specifications.

SUMMARY: NMFS issues interim 2005 

total allowable catch (TAC) amounts for 

each category of groundfish, American 

Fisheries Act (AFA) sideboard limits, 

and prohibited species catch (PSC) 

amounts for the groundfish fishery of 

the Gulf of Alaska (GOA). The intended 

effect is to conserve and manage the 

groundfish resources in the GOA.

DATES: The interim harvest 

specifications are effective from 0001 

hrs, Alaska local time (A.l.t.), January 1, 

2005, until the effective date of the final 

2005 and 2006 harvest specifications for 

groundfish of the GOA, which will be 

published in the Federal Register.

ADDRESSES: Copies of the 

Environmental Assessment (EA) 

prepared for this action are available 

from the NMFS Alaska Region 

homepage at http://www.fakr.noaa.gov. 

The final 2003 Stock Assessment and 

Fishery Evaluation (SAFE) report, dated 

November 2003, is available from the 

North Pacific Fishery Management 

Council, 605 West 4th Avenue, Suite 

306, Anchorage, AK 99501–2252, 

telephone (907) 271–2809, or from its 

homepage at http://www.fakr.noaa.gov/

npfmc.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–481–1780 or 

tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Federal regulations at 50 CFR part 679 

implementing the Fishery Management 

Plan (FMP) for Groundfish of the GOA 

govern the groundfish fisheries in the 

GOA. The North Pacific Fishery 

Management Council (Council) 

prepared the FMP, and NMFS approved 

it under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). General regulations that also 

pertain to the U.S. fisheries appear at 

subpart H of 50 CFR part 600.

Proposed Steller Sea Lion Protection 

Measures Revisions

In June 2004, the Council 

unanimously recommended revisions to 

the Steller sea lion protection measures 

in the GOA to alleviate some of the 

economic burden on coastal 

communities while maintaining 

protection for Steller sea lions and their 

critical habitat. These revisions would 

adjust pollock and Pacific cod fishing 

closures near four Steller sea lion 

haulouts and would revise seasonal 

management of pollock harvest. NMFS 

concluded in an Endangered Species 

Act, section 7, informal consultation, 

dated August 26, 2004, that fishing 

under the proposed revisions is not 

likely to adversely affect Steller sea 

lions beyond those effects already 

considered in the 2001 Biological 

Opinion on the Steller sea lion 

protection measures and its June 19, 

2003, supplement (see ADDRESSES). To 

implement these provisions, NMFS 

published a proposed rule on September 

21, 2004 (69 FR 56384), inviting 

comments through October 21, 2004. 

The final rulemaking is expected before 

the beginning of the 2005 fishing year. 

If adopted, the pollock harvest 

management revisions would affect the 

annual specifications by extending the 

pollock A and C season dates from 

January 20 through February 25 to 

January 20 through March 10 and by 

providing clarification as to how the 

Regional Administrator would rollover 

under harvested amounts of pollock 

between seasons.

The Council met in October 2004 to 

review scientific information 

concerning groundfish stocks, including 

the 2003 SAFE report and the EA (see 

ADDRESSES), and to recommend 

proposed 2005 and 2006 specifications. 

The Council recommended and NMFS 

proposed a total acceptable biological 

catch (ABC) of 514,864 mt and a TAC 

of 264,265 mt for the 2005 fishing year 

and a total ABC of 514,240 mt and a 

TAC of 253,867 mt for the 2006 fishing 

year. The proposed TAC amounts for 

each species were based on the best 

available biological and socioeconomic 

information.

Under § 679.20(c)(1)(ii), NMFS 

published in the Federal Register

proposed harvest specifications for 

groundfish in the GOA for the 2005 and 

2006 fishing years (December 7, 2004; 

69 FR 70605). That document contains 

a detailed discussion of the proposed 

2005 and 2006 TACs, groundfish 

reserves, apportionments of TAC, ABC 

amounts, overfishing levels (OFLs), PSC 

amounts, and apportionments of the 

GOA groundfish fishery.

This action provides interim harvest 

specifications and apportionments for 

the 2005 fishing year that will become 

available on January 1, 2005, and will 

remain in effect until superseded by the 

final 2005 and 2006 harvest 

specifications. Background information 

concerning the 2005 groundfish harvest 

specification process, upon which this 

interim action is based, is provided in 

the above mentioned proposed 

specification document.

Establishment of Interim TACs

Section 679.20(c)(2)(i) requires that 

one-fourth of each proposed TAC and 

apportionment (not including the 

reserves and the first seasonal allowance 

of pollock and Pacific cod) and onefourth of the halibut PSC amounts 

become effective at 0001 hours, A.l.t., 

January 1, on an interim basis and 

remain in effect until superseded by the 

final harvest specifications. As stated in 

the proposed specifications (December 

7, 2004; 69 FR 70605), no harvest of 

groundfish is authorized before the 

effective date of this action 

implementing the interim harvest 

specifications.

Section 679.20(a)(6)(i) and (ii) 

allocates 100 percent of the pollock TAC 

to vessels catching pollock for 

processing by the inshore component, 

90 percent of the Pacific cod TAC to 

vessels catching Pacific cod for 

processing by the inshore component,