Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41015

operations and maintenance of

commercial motor vehicles, to inspect

vehicles and equipment for compliance

with applicable safety standards and

maintenance requirements, and to take

enforcement action as necessary.

The Administrators of the National

Highway Traffic Safety Administration

and the Federal Motor Carrier Safety

Administration have the authority to

redelegate the functions described in

this document if not inconsistent with

statute, departmental regulations,

policies, and orders governing

delegation of functions.

As the rule relates to Departmental

organization, procedure, and practice,

notice and comment on it are

unnecessary under 5 U.S.C. 553(b). This

action makes no substantive changes to

the motor carrier safety regulations.

Therefore, prior notice and opportunity

to comment are unnecessary, and good

cause exists under 5 U.S.C. 553(d)(3) to

dispense with the 30-day delay in the

effective date requirement so that the

National Highway Traffic Safety

Administration and the Federal Motor

Carrier Safety Administration may

immediately operate pursuant to the

changes noted below.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

Issued this 22nd day of June, 2000 at

Washington, DC.

Rodney E. Slater,

Secretary of Transportation.

For the reasons set forth in the

preamble, the Department of

Transportation amends 49 CFR Part 1 as

follows:

PART 1—ORGANIZATION AND

DELEGATION OF POWERS AND

DUTIES

1. The authority citation for part 1

continues to read as follows:

Authority: 49 U.S.C. 2104(a); Pub. L. 101–

552; 28 U.S.C. 2672, 31 U.S.C. 3711 (a)(2), 46

U.S.C. 2104(a).

2. In § 1.50 add paragraph (n) to read

as follows:

§ 1.50 Delegation to the National Highway

Traffic Safety Administrator.

* * * * *

(n) Carry out, in coordination with the

Federal Motor Carrier Safety

Administrator, the authority vested in

the Secretary by subchapter III of

chapter 311 and section 31502 of title

49, U.S.C., to promulgate safety

standards for commercial motor

vehicles and equipment subsequent to

initial manufacture when the standards

are based upon and similar to a Federal

Motor Vehicle Safety Standard

promulgated, either simultaneously or

previously, under chapter 301 of title

49, U.S.C.

§ 1.73 [Amended]

3. Amend § 1.73 as follows:

a. Amend paragraph (g) by removing

the word ‘‘for’’ the first time it is used

and adding the word ‘‘that’’ in its place,

and by adding before the period ‘‘is

limited to standards that are not based

upon and similar to a Federal Motor

Vehicle Safety Standard promulgated

under chapter 301 of title 49, U.S.C.’’

b. Amend paragraph (l) by removing

the word ‘‘for’’ the first time it is used

and adding the word ‘‘that’’ in its place,

and by adding before the period ‘‘is

limited to standards that are not based

upon and similar to a Federal Motor

Vehicle Safety Standard promulgated

under chapter 301 of title 49, U.S.C.’’

[FR Doc. 00–16623 Filed 6–30–00; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000503121–0189–02; I.D.

030600A]

RIN 0648–AN07

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Catch Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures (framework

procedure) of the Fishery Management

Plan for the Coastal Migratory Pelagic

Resources of the Gulf of Mexico and

South Atlantic (FMP), NMFS issues this

final rule to: Increase the annual total

allowable catch (TAC) and increase the

commercial trip limit off the southeast

coast of Florida for Atlantic group king

mackerel; and increase the TAC, modify

the commercial trip limits applicable off

Florida, and increase the recreational

bag limit for Atlantic group Spanish

mackerel. The intended effects of this

rule are to maintain healthy stocks of

king and Spanish mackerel while still

allowing catches by important

commercial and recreational fisheries.

DATES: This final rule is effective August

2, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter; telephone: 727–570–

5305; fax: 727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are regulated under the FMP.

The FMP was prepared jointly by the

Gulf of Mexico and South Atlantic

Fishery Management Councils and was

approved and implemented by NMFS

through regulations at 50 CFR part 622.

In accordance with the framework

procedure, the South Atlantic Fishery

Management Council (Council)

recommended, and NMFS published, a

proposed rule (65 FR 31132, May 16,

2000) to: Increase the annual TAC and

increase the commercial trip limit off

the southeast coast of Florida for

Atlantic group king mackerel; and

increase the TAC, modify the

commercial trip limits applicable off

Florida, and increase the recreational

bag limit for Atlantic group Spanish

mackerel. The proposed rule described

the need and rationale for these

measures, which are not repeated here.

Comments and Responses

One public comment on the proposed

rule was received from the Council.

Comment: The Council reiterated its

support for a TAC of 7.04 million lb

(3.19 million kg) for Atlantic group

Spanish mackerel; noted that the

regulations would relieve restrictions,

consistent with conserving the resource,

and would benefit fishers who had

experienced necessary restrictions in

the past; and urged timely

implementation of the regulations.

Response: NMFS agrees that the

Council’s proposed actions are

appropriate, has approved them, and is

implementing them by this final rule.

Change from the Proposed Rule

The proposed rule inadvertently did

not include the revision of the adjusted

quota for Atlantic group Spanish

mackerel that results automatically from

the increase in TAC. This final rule

incorporates the appropriate revision in

§ 622.44(b)(2).

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration when

41016 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

this rule was proposed that it would not

have a significant economic impact on

a substantial number of small entities.

No comments were received regarding

this certification. As a result, a

regulatory flexibility analysis was not

prepared.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this final rule. Comments

should be sent to the Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: June 27, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is amended

as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:

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

2. In § 622.39, paragraph (c)(1)(iii) is

revised to read as follows:

§ 622.39 Bag and possession limits.

* * * * *

(c) * * *

(1) * * *

(iii) Atlantic migratory group Spanish

mackerel—15.

* * * * *

3. In § 622.42, paragraphs (c)(1)(ii)

and (c)(2)(ii) are revised to read as

follows:

§ 622.42 Quotas.

* * * * *

(c) * * *

(1) * * *

(ii) Atlantic migratory group. The

quota for the Atlantic migratory group of

king mackerel is 3.71 million lb (1.68

million kg). No more than 0.40 million

lb (0.18 million kg) may be harvested by

purse seines.

* * * * *

(2) * * *

(ii) Atlantic migratory group. The

quota for the Atlantic migratory group of

Spanish mackerel is 3.87 million lb

(1.76 million kg).

* * * * *

4. In § 622.44, paragraph (a)(1)(iii),

paragraphs (b)(1)(ii)(A) and (B), and the

first sentence of paragraph (b)(2) are

revised to read as follows:

§ 622.44 Commercial trip limits.

* * * * *

(a) * * *

(1) * * *

(iii) In the area between 28°47.8′ N.

lat. and 25°20.47′ N. lat., which is a line

directly east from the Miami-Dade/

Monroe County, FL, boundary, king

mackerel in or from the EEZ may not be

possessed on board or landed from a

vessel in a day in amounts exceeding 75

fish from April 1 through October 31.

* * * * *

(b) * * *

(1) * * *

(ii) * * *

(A) From April 1 through November

30, in amounts exceeding 3,500 lb

(1,588 kg).

(B) From December 1 until 75 percent

of the adjusted quota is taken, in

amounts as follows:

(1) Mondays through Fridays—

unlimited.

(2) Saturdays and Sundays—not

exceeding 1,500 lb (680 kg).

* * * * *

(2) For the purpose of paragraph

(b)(1)(ii) of this section, the adjusted

quota is 3.62 million lb (1.64 million

kg). * * *

* * * * *

[FR Doc. 00–16774 Filed 6–30–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000229053–0190–02; I.D.

120699A]

RIN 0648–AK96

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico;

Amendment 17

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 17 to the

Fishery Management Plan for the Reef

Fish Resources of the Gulf of Mexico

(FMP). Amendment 17 and this final

rule extend the current commercial reef

fish vessel permit moratorium, which is

effective through December 31, 2000, for

5 years through December 31, 2005. The

purpose of the moratorium is to provide

a stable environment in the fishery

necessary for evaluation and

development of a more comprehensive

controlled access system for the entire

commercial reef fish fishery.

DATES: This rule is effective August 2,

2000.

FOR FURTHER INFORMATION CONTACT:

Michael Barnette, 727–570–5305; fax:

727–570–5583; e-mail:

Michael.Barnette@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef

fish fishery is managed under the FMP

as prepared by the Gulf of Mexico

Fishery Management Council (Council)

and approved and implemented by

NMFS, under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), by regulations

at 50 CFR part 622.

On December 17, 1999, NMFS

announced the availability of

Amendment 17 and requested

comments on the amendment (64 FR

70678). NMFS approved Amendment 17

on March 16, 2000, and published a

proposed rule to implement the 5-year

extension of the current commercial reef

fish vessel permit moratorium, which

would otherwise expire on January 1,

2001, in Amendment 17 and requested

comments on it (65 FR 14518, March 17,

2000). The background and rationale for

the measure in the amendment and

proposed rule are contained in the

preamble to the proposed rule and are

not repeated here.

Comments and Responses

One comment from the Department of

the Interior (DOI) was received on

Amendment 17. The DOI requested an

extension of the comment period due to

the inability to respond with comments

in the allotted time. However, the 60-

day comment period for the amendment

is set by section 304 of the MagnusonStevens Act and cannot be extended.

No comments were received on the

proposed rule.

Classification

The Administrator, Southeast Region,

NMFS, determined that Amendment 17

is necessary for the conservation and

management of the reef fish fishery and

that it is consistent with the MagnusonStevens Act and other applicable laws.