28620 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

(4) The need of the United States to 

conserve energy. 

The statute permits NHTSA to 

establish alternative average fuel 

economy standards applicable to 

exempted low volume manufacturers in 

one of three ways: (1) A separate 

standard for each exempted 

manufacturer; (2) a separate average fuel 

economy standard applicable to each 

class of exempted automobiles (classes 

would be based on design, size, price, 

or other factors); or (3) a single standard 

for all exempted manufacturers. 

Proposed Decision and Public Comment 

This final decision was preceded by a 

proposal announcing the agency’s 

tentative conclusion that Spyker should 

be exempted from the generally 

applicable MY 2006 and 2007 passenger 

automobile average fuel economy of 

27.5 mpg and that alternative standards 

of 18.9 mpg for MYs 2006 and 2007 be 

established for Spyker. (71 FR 49407; 

August 23, 2006). The agency received 

only one comment, from a Ms. Barb 

Sachau, who argued that all vehicles 

should get higher gas mileage and that 

the exemption for Spyker should not be 

granted unless Spyker’s vehicles were 

able to obtain 100 mpg. 

NHTSA has decided not to adopt Ms. 

Sachau’s recommendation. NHTSA’s 

proposed decision presented several 

reasons why it would not be 

technologically feasible or economically 

practicable for Spyker to improve the 

fuel economy of its MY 2006 and 2007 

vehicles above an average of 18.9 mpg. 

Ms. Sachau did not refute the agency’s 

reasoning or provide a technical 

evaluation of how a standard of 100 

mpg for MYs 2006 and 2007 would be 

technologically feasible or economically 

practicable for Spyker. Thus, the agency 

has no basis to adopt Ms. Sachau’s 

recommendation. 

NHTSA Final Determination 

Therefore, the agency is adopting the 

tentative conclusions set forth in the 

proposed decision as its final 

conclusions, for the reasons set forth in 

the proposed decision. Based on these 

conclusions, the maximum average fuel 

economy for Spyker is 18.9 mpg for 

MYs 2006 and 2007. NHTSA has 

determined that other Federal motor 

vehicle standards will not affect 

achievable fuel economy beyond the 

extent considered in the proposed 

decision and that the national effort to 

conserve energy will not be affected by 

granting this exemption. NHTSA hereby 

exempts Spyker from the generally 

applicable MY 2006 and 2007 passenger 

automobile average fuel economy of 

27.5 mpg and establishes an alternative 

standard of 18.9 mpg for MYs 2006 and 

2007 for Spyker. 

Regulatory Impact Analyses 

NHTSA has analyzed this decision 

and determined that neither Executive 

Order 12866 nor the Department of 

Transportation’s regulatory policies and 

procedures apply. Under Executive 

Order 12866, the decision would not 

establish a ‘‘rule,’’ which is defined in 

the Executive Order as ‘‘an agency 

statement of general applicability and 

future effect.’’ Since this decision would 

apply only to Spyker, as discussed in 

this notice, it is not a ‘‘rule’’ under the 

definition. Under DOT regulatory 

policies and procedures, the decision is 

not a ‘‘significant regulation.’’ If 

Departmental policies and procedures 

were applicable, the agency would have 

determined that this decision is not 

significant. The principal impact of this 

decision is that the exempted company 

will not be required to pay civil 

penalties if its maximum feasible 

average fuel economy were achieved, 

and that purchasers of those vehicles 

would not have to bear the burden of 

those civil penalties in the form of 

higher prices. Since this decision sets an 

alternative standard at the level 

determined to be the maximum feasible 

for Spyker for MYs 2006 and 2007, no 

fuel would be saved by establishing a 

higher alternative standard. 

NHTSA finds in the Section on ‘‘The 

Need of the United States to Conserve 

Energy’’ that because of the small size 

of the Spyker fleet, that incremental 

usage of gasoline by Spyker’s customers 

would not affect the United States’ need 

to conserve gasoline. Spyker plans to 

import a maximum of 112 vehicles to 

the U.S. market by MY 2007. Given that 

over 8,350,000 passenger cars were 

produced for sale in the U.S. market in 

MY 2006, Spyker’s importation of these 

vehicles would amount to .001% of the 

U.S. market. Thus, the impact for the 

public at large is minimal. 

The agency has also considered the 

environmental implications of this 

decision in accordance with the 

National Environmental Policy Act 

(NEPA) and determined that it does not 

significantly affect the human 

environment. Regardless of the fuel 

economy of the exempted vehicles, they 

must pass the emissions standards 

which measure the amount of emissions 

per mile traveled. Thus, the quality of 

the air is not affected by the alternative 

standards. Further, since the exempted 

passenger automobiles cannot achieve 

better fuel economy than provided, the 

decision does not affect the amount of 

fuel used. 

List of Subjects in 49 CFR Part 531 

Energy conservation, Gasoline, 

Imports, Motor Vehicles. 

■ In consideration of the foregoing, 49 

CFR part 531 is amended as follows: 

PART 531—[AMENDED] 

■ 1. The authority citation for part 531 

is revised to read as follows: 

Authority: 49 U.S.C. 32902, delegation of 

authority at 49 CFR 1.50. 

■ 2. Section 531.5 is amended by adding 

paragraph (b) (15) to read as follows: 

§ 531.5 Fuel economy standards. 

* * * * * 

(b) * * * 

(15) Spyker Automobielen B.V. 

AVERAGE FUEL ECONOMY STANDARD

Model year Miles per 

gallon 

2006 .......................................... 18.9 

2007 .......................................... 18.9 

Issued on: May 17, 2007. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E7–9867 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XA40 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-Water Species 

Fishery by Vessels Using Trawl Gear in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the 2007 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), May 17, 2007, through 1200 

hrs, A.l.t., July 1, 2007. 


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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28621 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The second seasonal apportionment 

of the 2007 Pacific halibut bycatch 

allowance specified for the deep-water 

species fishery in the GOA is 300 metric 

tons as established by the 2007 and 

2008 harvest specifications for 

groundfish of the GOA (72 FR 9676, 

March 5, 2007), for the period 1200 hrs, 

A.l.t., April 1, 2007, through 1200 hrs, 

A.l.t., July 1, 2007. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the 2007 

Pacific halibut bycatch allowance 

specified for the trawl deep-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

deep-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the deep-water species fishery 

are sablefish, rockfish, deep-water 

flatfish, rex sole and arrowtooth 

flounder. 

This closure does not apply to fishing 

by vessels participating in the 

cooperative fishery in the Rockfish Pilot 

Program for the Central GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the deep-water 

species fishery by vessels using trawl 

gear in the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of May 16, 2007. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 17, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–2536 Filed 5–17–07; 1:22 pm] 

BILLING CODE 3510–22–S 


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