Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43469

PART 205—ELECTRONIC FUND

TRANSFERS (REGULATION E)

1. The authority citation for Part 205

is revised to read as follows:

Authority: 15 U.S.C. 1693–1693r.

2. Section 205.15 is amended by

revising paragraph (a) to read as follows:

§ 205.15 Electronic fund transfer of

government benefits.

(a) Government agency subject to

regulation. (1) A government agency is

deemed to be a financial institution for

purposes of the act and this part if

directly or indirectly it issues an access

device to a consumer for use in

initiating an electronic fund transfer of

government benefits from an account,

other than needs-tested benefits in a

program established under state or local

law or administered by a state or local

agency. The agency shall comply with

all applicable requirements of the act

and this part, except as provided in this

section.

(2) For purposes of this section, the

term account means an account

established by a government agency for

distributing government benefits to a

consumer electronically, such as

through automated teller machines or

point-of-sale terminals, but does not

include an account for distributing

needs-tested benefits in a program

established under state or local law or

administered by a state or local agency.

* * * * *

By order of the Board of Governors of the

Federal Reserve System, August 11, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–21584 Filed 8–13–97; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 970508108–7108–01; I.D.

022597B]

RIN 0648–AJ62

Fisheries of the Northeastern United

States; Framework 9 to the Atlantic

Sea Scallop Fishery Management Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 9 to the Atlantic

Sea Scallop Fishery Management Plan

(FMP). These regulations exempt

limited access and general category

permit holders fishing exclusively

under the State Waters Exemption

Program (Exemption Program) from the

400 lb (181.44 kg) trip limit. This action

is intended to sustain the participation

of historic participants by allowing

Federal permit holders to compete in

the state waters fishery on a more

equitable basis where Federal and state

laws are inconsistent.

EFFECTIVE DATE: August 13, 1997.

ADDRESSES: Copies of Amendment 4 to

the FMP (Amendment 4), its regulatory

impact review and the initial regulatory

flexibility analysis, its final

supplemental environmental impact

statement, and the supporting

documents for Framework Adjustment 9

are available from Paul J. Howard,

Executive Director, New England

Fishery Management Council, 5

Broadway (Route 1), Saugus, MA

01906–1097.

Comments regarding burden-hour

estimates for the collection-ofinformation requirement contained in

this final rule should be sent to Dr.

Andrew A. Rosenberg, Regional

Administrator, Northeast Region,

NMFS, 1 Blackburn Drive, Gloucester,

MA 01930, and the Office of

Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington, D.C. 20502

(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 508–

281–9273.

SUPPLEMENTARY INFORMATION:

Background

Regulations implementing

Amendment 4 to the FMP (59 FR 2757,

January 19, 1994) added a framework

adjustment process that allows for the

adjustment of management measures, as

necessary to meet or achieve

consistency with the FMP’s goals and

objectives. The regulations authorize the

New England Fishery Management

Council (Council) to recommend

adjustments to any of the measures

currently in the FMP.

Framework Adjustment 2 to the FMP

(59 FR 59967, November 21, 1994)

implemented the Exemption Program

that exempts federally permitted limited

access and general category scallop

vessels from Federal gear and days-atsea effort restrictions while fishing in

the state waters of Maine, New

Hampshire, or Massachusetts. Vessels

fishing in this Exemption Program are

subject to a notification requirement

(limited access vessels), must fish under

the rules of the appropriate state, and

may land no more than the 400–lb

(181.44–kg) Federal limit. The basis for

the Exemption Program was to allow the

states to manage the scallop fisheries

predominating in their waters under

programs that were determined to be

consistent with goals of the FMP. The

state programs do not impose a landing

limit and, thus, vessels that do not hold

Federal permits and that are fishing in

state waters are not subject to the 400–

lb (181.44 kg) limit. This action was

developed and submitted by the Council

to provide more consistency with the

state programs by exempting federally

permitted vessels fishing under the

Exemption Program from the 400 lb

(181.44 kg) limit. This exemption

further requires general category vessel

operators to notify NMFS through the

established call-in system of their intent

to fish under the Exemption Program.

This modification to the Exemption

Program was developed to eliminate the

competitive disadvantage federally

permitted vessels experience relative to

non-federally permitted vessels fishing

in state waters, while ensuring that the

conservation goals of the FMP are met.

Approximately 80 percent of the Gulf of

Maine scallop fishery takes place in

state waters and its management is

predominately a state responsibility.

These scallop stocks are not specifically

included in the rebuilding program

established in the FMP for the major

stocks found on Georges Bank and in

the Mid-Atlantic area. Therefore, this

measure does not compromise the

fishing mortality/effort reduction

program for scallops in the EEZ.

Implementing this exemption eliminates

an inconsistency between Federal and

state waters fisheries and has the

positive effect of maintaining the

continuity of the vessel trip reporting

system for this sector by removing the

incentive for federally permitted vessels

to cancel their permits seasonally to

become exempt from the 400–lb

(181.44–kg) limit.

The Council requests publication of

the management measures as a final rule

after considering the required factors

stipulated in the regulations governing

the Atlantic sea scallop fishery and

providing supporting analysis for each

factor considered. The Regional

Administrator concurs with the

Council’s recommendation and has

determined that Framework Adjustment

9 should be published as a final rule.

NMFS is adjusting the scallop

regulations following the procedure for

framework adjustments established by
43470 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

Amendment 4 and codified in 50 CFR

part 648. The Council followed this

procedure when making adjustments to

the FMP by developing and analyzing

the actions over the span of a minimum

of at least two Council meetings held on

November 6, 1996, and December 12,

1996.

Comments and Responses

The November 6, 1996, Council

meeting was the first of two meetings

that provided an opportunity for public

comment on Framework Adjustment 9.

A draft document containing the

proposed management measures and

their rationale was available to the

public during the first week in

December 1996 and notices of the initial

and final Council meetings were mailed

to approximately 1,900 people and

published in the Federal Register. The

final public hearing was held on

December 12, 1996. Testimony provided

by industry members at the public

meetings favored the framework

adjustment; there were no negative

comments.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated, to the

Assistant Administrator for Fisheries,

NOAA, the authority to sign material for

publication in the Federal Register.

Classification

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Assistant Administrator for

Fisheries, NOAA (AA), finds that there

is good cause to waive prior notice and

opportunity for comment under 5 U.S.C.

553(b)(B). Public meetings held by the

Council to discuss the management

measure implemented by this rule

provided adequate prior notice and

opportunity for public comment to be

heard and considered; therefore, further

notice and opportunity to comment

before this rule is effective is

unnecessary. The AA finds that under 5

U.S.C. 553(d)(1), there is good cause to

waive the 30-day delay in effectiveness

of this regulation. Implementation of

this regulation, which relieves a

restriction, will increase fishing

opportunities by allowing vessels that

have traditionally fished in the Gulf of

Maine area to compete in the state

waters on a more equitable basis where

Federal and state laws are inconsistent.

Because a general notice of proposed

rulemaking is not required to be

published for this rule by 5 U.S.C. 553

or by any other law, this rule is exempt

from the requirement to prepare an

initial or final regulatory flexibility

analysis under the Regulatory

Flexibility Act. As such, none has been

prepared. The primary intent for this

action is to exempt general category

permit holders fishing exclusively

under the Exemption Program from the

400–lb. (181.44– kg) trip limit.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This rule contains one new collectionof-information requirement subject to

the PRA. This collection-of-information

requirement has been approved by

OMB, and the OMB control number and

public reporting burden are listed as

follows: Call-in notification for general

category scallop vessels fishing in the

Exemption Program, (2 minutes/

response) under OMB # 0648–0202.

The estimated response time includes

the time needed for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection-of-information.

Public comment is sought regarding:

Whether this collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information has practical

utility; the accuracy of the burden

estimate; ways to enhance the quality,

utility, and clarity of the information to

be collected; and ways to minimize the

burden of the collection of information,

including through the use of automated

collection techniques or other forms of

information technology. Send comments

regarding this burden estimate, or any

other aspect of this data collection to

NMFS and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: August 8, 1997.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR Chapter IX and 50

CFR Chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT;

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b), the table

is amended by removing in the left

column under 50 CFR, the entries

‘‘655.5’’, ‘‘655.7’’, and ‘‘655.8’’, and in

the right column, in corresponding

positions, the control numbers; and by

adding, in numerical order, in the left

column, the entry ‘‘648.54’’, and in the

right column, in the corresponding

position, the control number ‘‘–0202’’.

50 CFR CHAPTER VI

PART 648–FISHERIES OF THE

NORTHEASTERN UNITED STATES

3. The authority citation for part 648

continues to read as follows:

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

4. In § 648.54, paragraph (b)(2) is

revised and paragraph (g) is added as

follows:

§ 648.54 State waters exemption.

* * * * *

(b) * * *

(2) General permits. Any vessel issued

a general scallop permit is exempt from

the gear restrictions specified in

§ 648.51 (a), (b), and (e)(1) and (2) while

fishing exclusively landward of the

outer boundary of the waters of a state

that has been determined by the

Regional Director under paragraph (b)(3)

of this section to have a scallop fishery

and a scallop conservation program that

does not jeopardize the fishing

mortality/effort reduction objectives of

the Scallop FMP, provided the vessel

complies with paragraphs (c) through (f)

of this section.

* * * * *

(g) Possession restriction exemption.

Any vessel issued a limited access

permit that is exempt under paragraph

(a) of this section from the DAS

requirements of § 648.53(b), or any

vessel issued a general scallop permit is

exempt from the possession restrictions

specified in § 648.52(a) while fishing

exclusively landward of the outer

boundary of the waters of a state that

has been determined by the Regional

Director under paragraph (b)(3) of this

section to have a scallop fishery and a

scallop conservation program that does

not jeopardize the fishing mortality/

effort reduction objectives of the Scallop
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43471

FMP, provided the vessel complies with

paragraphs (c) through (f) of this section.

[FR Doc. 97–21531 Filed 8–13–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 5

Delegations of Authority and

Organization; Center for Veterinary

Medicine

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

regulations for delegations of authority

to reflect a new delegation that

authorizes the Director and Deputy

Director, Center for Veterinary Medicine

(CVM), to sign certain Federal Register

documents related to the

implementation of the Animal

Medicinal Drug Use Clarification Act of

1994 (the AMDUCA), as amended

hereinafter. This authority will enable

the agency to issue Federal Register

documents related to implementation of

the AMDUCA more efficiently.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard L. Arkin, Office of Policy and

Regulations (HFV–6), Center for

Veterinary Medicine, Food and

Drug Administration, 7500 Standish

Pl., Rockville, MD 20855–2773,

301–594–1737, or

Donna G. Page, Division of

Management Systems and Policy

(HFA–340), Food and Drug

Administration, 5600 Fishers Lane,

Rockville, MD 20857, 301–827–

4816.

SUPPLEMENTARY INFORMATION: The

regulations are being amended in

subpart B of part 5 (21 CFR part 5) by

adding a new § 5.40 Issuance of Federal

Register documents pertaining to the

determination of safe levels, notice of

need for development of an analytical

method, notice of availability of a

developed analytical method, and

prohibition of certain extralabel drug

use to reflect a new delegation that

authorizes the Director and Deputy

Director, CVM, to sign certain Federal

Register documents related to the

implementation of the AMDUCA (Pub.

L. 103–396), as amended hereinafter.

This delegation will permit the efficient

implementation of the AMDUCA which

was signed into law on October 22,

1994.

This authority may be further

redelegated by the Director and Deputy

Director, CVM. Authority delegated to a

position by title may be exercised by a

person officially designated to serve in

such a position in an acting capacity or

on a temporary basis.

List of Subjects in 21 CFR Part 5

Authority delegations (Government

agencies), Imports, Organization and

functions (Government agencies).

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 5 is

amended as follows:

PART 5—DELEGATIONS OF

AUTHORITY AND ORGANIZATION

1. The authority citation for 21 CFR

part 5 continues to read as follows:

Authority: 5 U.S.C. 504, 552, App. 2; 7

U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282,

3701–3711a; secs. 2–12 of the Fair Packaging

and Labeling Act (15 U.S.C. 1451–1461); 21

U.S.C. 41–50, 61–63, 141–149, 467f, 679(b),

801–886, 1031–1309; secs. 201–903 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321–394); 35 U.S.C. 156; secs. 301,

302, 303, 307, 310, 311, 351, 352, 361, 362,

1701–1706, 2101 of the Public Health Service

Act (42 U.S.C. 241, 242, 242a, 242l, 242n,

243, 262, 263, 264, 265, 300u–300u–5,

300aa–1); 42 U.S.C. 1395y, 3246b, 4332,

4831(a), 10007–10008; E.O. 11490, 11921,

and 12591.

2. New § 5.40 is added to subpart B

to read as follows:

§ 5.40 Issuance of Federal Register

documents pertaining to the determination

of safe levels, notice of need for

development of an analytical method,

notice of availability of a developed

analytical method, and prohibition of

certain extralabel drug use.

The Director and Deputy Director,

Center for Veterinary Medicine (CVM)

are authorized to issue Federal Register

documents pertaining to the

determination of safe levels, notice of

need for development of an analytical

method, notice of availability of a

developed analytical method, and

prohibition of certain extralabel drug

use related to implementation of the

Animal Medicinal Drug Use

Clarification Act of 1994 (the AMDUCA)

(Pub. L. 103–396). This authority may

be further redelegated by the Director

and Deputy Director, CVM.

Dated: August 8, 1997.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 97–21585 Filed 8–13–97; 8:45 am]

BILLING CODE 4160–01–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[A–1–FRL–5874–8]

Approval and Promulgation of Air

Quality Implementation Plans; Virginia;

Removal of Final Rule Pertaining to the

Determination of Attainment of Ozone

Standard and Determination Regarding

Applicability of Certain Requirements

in the Richmond Area [VA–076–5022]

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Removal of direct final rule.

SUMMARY: On June 13, 1997, EPA

published determination that the

Richmond ozone nonattainment area

has attained the National Ambient Air

Quality Standard (NAAQS) for ozone,

and that Richmond has continued to

attain the standard to date. On the basis

of this determination, EPA determined

that certain reasonable further progress

and attainment demonstration

requirements, along with certain other

related requirements, of part D of Title

I of the Clean Air Act are not applicable

to this area as long as this area

continues to attain the ozone NAAQS.

See 62 FR 32204.

EPA approved this direct final

rulemaking without prior proposal

because the Agency viewed it as a

noncontroversial amendment and

anticipated no adverse comments. The

final rule was published in the Federal

Register with a provision for a 30-day

comment period (62 FR 32204, June 13,

1997). At the same time, EPA

announced that this final rule would

convert to a proposed rule in the event

that adverse comments were submitted

to EPA within 30 days of publication of

the rule in the Federal Register (62 FR

32258, June 13, 1997). The final

rulemaking action would be withdrawn

by publishing a notice announcing

withdrawal of this action.

Notice of intent to adversely comment

was submitted to EPA within the

prescribed comment period. Therefore,

EPA is amending 40 CFR 52.2428 by

removing the June 13, 1997 final

rulemaking action. All public comments

received will be addressed in a

subsequent rulemaking action based on

the proposed rule.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Christopher Cripps, Ozone/Carbon

Monoxide and Mobile Sources Section

(3AT21), U.S. Environmental Protection

Agency—Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania