Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 42641 

candela anywhere in the beam pattern. 

The petitioners stated that this request 

was based on UMTRI Report No. 

UMTRI–2000–41, ‘‘Relative Merits of 

the U.S. and ECE High-Beam Maximum 

Intensities and of Two- and FourHeadlamp Systems’’ but the agency 

notes this research did not evaluate 

upper beams with the requested 140,000 

candela value. Instead, it evaluated 

intensities between the existing and 

newly requested maximum values. Due 

to the diminishing returns of increasing 

upper beam intensity, the petitioners 

cited a 5–10% improvement in seeing 

distance (due to the almost 87% 

increase in the maximum value from 

75,000 to 140,000 candela). However, 

the petitioners did not quantify how this 

might affect safety benefits, and in 

particular whether any improvements 

would outweigh any associated 

disbenefits associated with potential 

increases in glare due to higher intensity 

upper beam headlamps. 

With regard to the requested test 

procedures for this option, which would 

require testing with ‘‘accurate rated light 

sources,’’ this would be a significant 

departure from the current approach of 

specifying requirements using any 

compliant, replaceable light source of 

the type intended for use in the system 

and could, in the agency’s opinion, have 

a negative impact on safety. The agency 

believes that requiring headlamps to 

meet specified requirements with 

production light sources is the best 

approach because it ensures consumers 

will obtain the specified performance 

with the products they purchase, i.e., it 

requires manufacturers to take into 

account typical production tolerances 

and variation in light sources. 

Modifying the standard to instead 

specify requirements utilizing testing 

with ‘‘accurate rated light sources,’’ 

which do not represent normal 

production variation, would mean that 

the performance might not be obtained 

in the real world. Absent additional 

changes to ensure that typical 

production variation was accounted for 

in the test requirements, the agency 

believes that the requested change could 

lead to reduced headlamp performance. 

The petitioners did not provide any 

evidence this would not occur. 

Regarding the other potential industry 

benefits cited by the petitioners, the 

agency notes that no data were 

submitted to quantify associated cost 

impacts on consumers. Similarly, the 

petitioners did not quantify the amount 

of cost savings related to reduced 

inventory levels, potentially quicker 

expansion into new markets due to 

reduced trade barriers, and less 

complexity in stocking replacement 

lamps for multiple markets. We note 

that the pending approval of the 

requested changes into ECE R112 cited 

by the petitioners as anticipated for fall 

2004 still has not occurred. 

IV. Agency Conclusion 

NHTSA notes that while adding a 

new option would provide some 

additional flexibility for manufacturers 

in terms of being able to choose a new 

beam pattern, we are concerned that 

there may be a negative impact on safety 

associated with increased glare levels if 

the agency were to allow the newly 

requested lower beam photometry test 

points and higher intensity upper beam 

headlamps. The petitioners did not 

provide sufficient data to demonstrate 

otherwise or sufficient data to show 

there would be cost savings to 

consumers and manufacturers at 

comparable safety levels. Therefore, 

NHTSA is denying the petition. 

However, the agency is separately 

pursuing a more comprehensive effort to 

evaluate possible modifications to 

FMVSS No. 108, with the primary goal 

being to translate, to the extent possible, 

the existing provisions (along with their 

associated underlying assumptions) into 

performance-oriented terms 

independent of technology. We 

anticipate this thorough evaluation will 

take some time, but in the process, the 

agency will consider harmonization 

opportunities and, based upon the 

results, the agency anticipates it may 

then be in a position to consider 

proposing regulatory action to modify 

our lighting standard. 

Issued on: August 18, 2009. 

Julie Abraham, 

Director, Office of International Policy, Fuel 

Economy and Consumer Programs. 

[FR Doc. E9–20258 Filed 8–21–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0908131233–91234–01] 

RIN 0648–XQ14 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; 2009–10 Main Hawaiian 

Islands Bottomfish Total Allowable 

Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed specification; request 

for comments. 

SUMMARY: NMFS proposes to specify 

establish a total allowable catch (TAC) 

for the 2009–10 fishing year of 254,050 

lb (115,235 kg) of Deep 7 bottomfish in 

the main Hawaiian Islands (MHI). The 

TAC would be set in accordance with 

regulations established to support longterm sustainability of Hawaii bottomfish 

in the Hawaiian Archipelago. 

DATES: Comments must be received by 

September 8, 2009. 

ADDRESSES: Comments on this proposed 

specification, identified by 0648–XQ14, 

may be sent to either of the following 

addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: William L. Robinson, 

Regional Administrator, NMFS, Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd, Suite 1110, Honolulu, HI 96814– 

4700. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (if you wish to 

remain anonymous, enter ‘‘NA’’ in the 

required name and organization fields). 

Attachments to electronic comments 

will be accepted in Microsoft Word or 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Copies of the Fishery Management 

Plan for Bottomfish and Seamount 

Groundfish Fisheries of the Western 

Pacific Region (Bottomfish FMP) and 

the related Environmental Impact 

Statement are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel 

808–522–8220, fax 808–522–8226, or 

www.wpcouncil.org. 

An environmental assessment (EA) 

was prepared that describes the impact 

on the human environment that would 

result from this proposed action. This 

action, specification of a TAC, is exempt 

from the procedures of E.O. 12866 

because this action contains no 

implementing regulations and therefore 

a Regulatory Impact Review was not 

prepared. Based on the environmental 

impact analyses presented in the EA, 

NMFS prepared a finding of no 

significant impact (FONSI) for the 


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42642 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 

proposed action. Copies of the EA and 

FONSI are available from 

www.regulations.gov, or the Council 

(see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: This 

Federal Register document is available 

at www.gpoaccess.gov/fr. 

The bottomfish fishery in Federal 

waters around Hawaii is managed under 

the Bottomfish FMP, developed by the 

Council and implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act, 16 U.S.C. 1801 et seq. 

(Magnuson-Stevens Act). Regulations 

governing bottomfish fishing by U.S. 

vessels in accordance with the 

Bottomfish FMP appear at 50 CFR part 

665 and subpart H of 50 CFR part 600. 

Currently, bottomfish stocks in the 

Hawaiian Archipelago are not 

experiencing overfishing, and efforts to 

minimize localized stock depletion in 

the MHI Management Subarea are 

precautionary. The MHI Management 

Subarea refers to the portion of the U.S. 

Exclusive Economic Zone around the 

Hawaiian Archipelago lying to the east 

of 161° 20’ long. 

Pursuant to regulations at § 665.72, 

NMFS must is directed to specify a TAC 

limit for Deep 7 bottomfish in the MHI 

for the fishing year, based on a 

recommendation from the Council, 

considering the best available scientific, 

commercial, and other information, and 

taking into account the associated risk 

of overfishing. The Deep 7 bottomfish 

are onaga (Etelis coruscans), ehu (E. 

carbunculus), gindai (Pristipomoides 

zonatus), kalekale (P. sieboldii), 

opakapaka (P. filamentosus), lehi 

(Aphareus rutilans), and hapu‘upu‘u 

(Epinephelus quernus). 

When the TAC for the year is 

projected to be reached, NMFS will 

close the non-commercial and 

commercial fisheries until the end of the 

fishing year (August 31). During a 

fishery closure for Deep 7 bottomfish, 

no person may fish for, possess, or sell 

any of these fish in the MHI, except as 

otherwise authorized by law. 

Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally registered 

to Mau Zone, Ho‘omalu Zone, or Pacific 

Remote Island Areas bottomfish fishing 

permits, and conducted in compliance 

with all other laws and regulations, are 

not affected by the closure. There is no 

prohibition on fishing for or selling 

other non-Deep 7 bottomfish species 

throughout the year. 

For the Last year (2008–09 fishing 

year), the TAC was of 241,000 lb 

(109,316 kg) of Deep–7 bottomfish in the 

MHI (74 FR 6998; February 12, 2009). 

Monitoring of the commercial fishery 

indicated that the TAC for the 2008–09 

fishing year was projected to be reached 

by on or before July 6, 2009, and, in 

accordance with the regulations at 

§ 665.72, NMFS published a temporary 

rule closing the non-commercial and 

commercial MHI bottomfish fisheries on 

July 6, 2009 (74 FR 27253; June 9, 2009). 

The fishery is scheduled to re-open on 

September 1, 2009. 

At its 145th meeting in Kailua-Kona, 

Hawaii, held July 20–25, 2009, the 

Council reviewed a background 

document and an preliminary initial EA 

that which incorporated data from an 

updated March 2009 bottomfish stock 

assessment published by NMFS Pacific 

Islands Fisheries Science Center 

(PIFSC). These documents were 

available at the Council’s 145th meeting. 

After considering the information in the 

initial EA, risks of overfishing, and 

recommendations from the Council’s 

Science and Statistical Committee, and 

input from the public, the Council 

recommended a TAC of 254,050 lb 

(115,235 kg) of MHI Deep 7 bottomfish 

for the 2009–2010 fishing year.Language 

from FONSI inserted here (Subject to 

Change): 

Based on the updated March 2009 

bottomfish stock assessment prepared 

by NMFS PIFSC, the proposed 2009–10 

TAC is associated with a zero percent 

risk of overfishing of Hawaiian 

archipelagic bottomfish stocks, ; and 

between 39- and 44 percent risk of 

localized depletion (or excess fishing 

mortality) of the MHI management 

subarea bottomfish stocks. These risk 

values are similar to those estimated by 

PIFSC for the 2008 - 2009 fishing year 

(i.e., zero and 40 percent, 

respectively)(74 FR 6998; February 12, 

2009). 

NMFS will consider the Council’s 

recommendation, potential 

environmental and economic affects of 

the proposed TAC, and comments 

received during the public comment 

period for this proposed specification, 

and will announce the final TAC 

specification in the Federal Register. To 

be considered, comments on this 

proposed specification must be received 

by September 8, 2009, not postmarked 

or otherwise transmitted by that date. 

Regardless of the final TAC 

specification, all other management 

measures will continue to apply in the 

MHI bottomfish fishery. The MHI 

bottomfish fishery is scheduled to reopen on September 1, 2009, and will 

continue until August 31, 2010, unless 

the fishery is closed prior to August 31 

as a result of the TAC being reached. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator for Fisheries 

has determined that this proposed 

specification is consistent with the 

Bottomfish FMP, other provisions of the 

Magnuson- Stevens Act, and other 

applicable laws, subject to further 

consideration after public comment. 

Certification of Finding of No 

Significant Impact on Substantial 

Number of Small Entities 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

Language from SBA Letter (Drafted by M. 

Razin):A description of the action, why it is 

being considered, and the legal basis for this 

action are contained in the preamble to this 

proposed rule. There are approximately 380 

vessels engaged in the commercial harvest of 

MHI bottomfish. Average gross receipts per 

vessel for the 2008–2009 fishery was 

$3,577.00, based on a price of $5.64 per lb 

and a harvest of the 2008–2009 TAC 

specification of 241,000 lb. In general, the 

relative importance of MHI bottomfish to 

commercial participants as a percentage of 

overall fishing (or household) income is 

unknown, as the total suite of fishing (or 

other income-generating) activities 

undertaken by individual operations across 

the year has not been examined, to date. The 

majority of the 380 vessels comprising the 

affected universe were under 30 ft (9.1 m) in 

length overall. 

Based on all available information, NMFS 

has determined that all vessels in the current 

fishery are small entities under the Small 

Business Administration definition of a small 

entity, i.e., they are engaged in the business 

of fish harvesting, are independently owned 

or operated, are not dominant in their field 

of operation, and have annual gross receipts 

not in excess of $4 million. Therefore, there 

are no disproportionate economic impacts 

between large and small entities. 

Furthermore, there are no disproportionate 

economic impacts among the universe of 

vessels based on gear, home port, or vessel 

length. Assuming an average price of $ 5.64 

per lb, the proposed TAC specification of 

254,050 lbs (115,235 kg) is expected to yield 

$1,432,842.00 in total revenue, or an average 

of $3,770.00 in revenue per vessel, compared 

to $3,577.00 per vessel for the 2008–2009 

fishery. This is resulting in an expected five 

5 percent increase in revenue per vessel from 

implementing the proposed specification. 

Even though there would be a substantial 

number of vessels, i.e., 100 percent of the 

bottomfish fleet, affected by this 

specification, there would be no significantly 

adverse economic impact to individual 


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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 42643 

vessels resulting from the implementation of 

this specification. Therefore, pursuant to 

section 605(b) of the Regulatory Flexibility 

Act, 5 U.S.C. 605(b), NMFS has determined 

that this rule will not have a significant 

economic impact on a substantial number of 

small entities. 

As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This action is exempt from review 

under the procedures of E.O. 12866 

because this action contains no 

implementing regulations. 

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

Dated: August 19, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–20327 Filed 8–21–09; 8:45 am] 

BILLING CODE 3510–22–S 


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