Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47765

Federalism Assessment

The agency has analyzed this rule in

accordance with the principles and

criteria contained in Executive Order

12612, and has determined that the

interim final rule does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The interim final rule

merely repromulgates existing

exemptions to the odometer disclosure

requirements, and does not alter the

effect on the states of existing statutory

or regulatory requirements.

Rulemaking Analyses

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

NHTSA has analyzed this rule and

determined that it is neither ‘‘major’’

nor ‘‘significant’’ within the meaning of

Executive Order 12886 or of Department

of Transportation regulatory policies

and procedures. Because the agency

estimates that this rule would not have

a significant impact, it has not prepared

a regulatory evaluation.

B. Regulatory Flexibility Act

The agency has also considered the

effects of this action under the

Regulatory Flexibility Act. I certify that

this action will not have a substantial

economic impact upon a substantial

number of small entities. Because it is

limited to amending the statutory

authority for existing exemptions to

agency regulations, it does not affect the

impact of those regulations on small

businesses.

C. National Environmental Policy Act

The agency has analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment. Accordingly, it has

not prepared an environmental impact

statement.

D. Paperwork Reduction Act

The interim final rule is not a

collection of information as that term is

defined by OMB in 5 CFR Part 1320. It

amends the statutory authority for

exemptions to the odometer disclosure

requirements in 49 CFR Part 580. Those

exemptions do not require the collection

of any information. The information

collection requirements established by

Part 580 have been approved by OMB.

(OMB 2127–0047).

E. Civil Justice Reform

This rule will not have any retroactive

effect. States may not adopt laws on

disconnecting, altering, or tampering

with an odometer with intent to defraud

that are inconsistent with 49 U.S.C.

Chapter 327. 49 U.S.C. Chapter 327 does

not exempt persons from complying

with state laws on disconnecting,

altering or tampering with an odometer

with intent to defraud. Agency

regulations issued under 49 U.S.C.

Chapter 327 are subject to judicial

review under 5 U.S.C. 704. There is no

requirement for a petition for

reconsideration or other administrative

proceeding before a party may file a suit

in court.

List of Subjects in 49 CFR Part 580

Odometers, consumer protection.

In consideration of the foregoing, 49

CFR Part 580 is amended as follows:

PART 580—ODOMETER DISCLOSURE

REQUIREMENTS

1. The authority citation for 49 CFR

Part 580 is revised to read as follows:

Authority: 49 U.S.C. 32705; Sec. 332,

Public Law No. 104–205; delegation of

authority at 49 CFR 1.50(f) and 501.8(e)(1).

§ 580.6 [Redesignated as § 580.17]

2. Section 580.6 is redesignated as

§ 580.17 and republished without

change to read as follows:

§ 580.17 Exemptions.

Notwithstanding the requirements of

§§ 580.5 and 580.7:

(a) A transferor or a lessee of any of

the following motor vehicles need not

disclose the vehicle’s odometer mileage:

(1) A vehicle having a Gross Vehicle

Weight Rating, as defined in § 571.3 of

this title, of more than 16,000 pounds;

(2) A vehicle that is not selfpropelled;

(3) A vehicle that is ten years old or

older; or

(4) A vehicle sold directly by the

manufacturer to any agency of the

United States in conformity with

contractual specifications.

(b) A transferor of a new vehicle prior

to its first transfer for purposes other

than resale need not disclose the

vehicle’s odometer mileage.

(c) A lessor of any of the vehicles

listed in paragraph (a) of this section

need not notify the lessee of any of these

vehicles of the disclosure requirements

of § 580.7.

Issued: September 5, 1997.

Ricardo Martinez,

Administrator.

[FR Doc. 97–23991 Filed 9–5–97; 4:50 pm]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970804190–7190–01; I.D.

070997A]

RIN: 0648–AJ89

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico;

Vermilion Snapper Size Limit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule increases the

minimum size limit for vermilion

snapper. The intended effect is to

reduce overfishing of vermilion snapper

in the Gulf of Mexico.

DATES: This rule is effective September

14, 1997 through March 10, 1998.

Comments must be received not later

than October 14, 1997.

ADDRESSES: Comments on this interim

rule must be mailed to, and copies of

documents supporting this action may

be obtained from, the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

(Council) and is implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) by

regulations at 50 CFR part 622.

The Council, by non-unanimous vote,

requested that NMFS issue this interim

rule to increase the vermilion snapper

minimum size limit from 8 to 10 inches

(20.3 to 25.4 cm) total length, pending

NMFS’ review and approval of

Amendment 15 to the FMP.

Amendment 15 contains a 10–inch

minimum size limit and additional

details regarding such limit. This size

limit responds to the 1996 vermilion

snapper stock assessment, the 1997

Addendum to that assessment, and the

1996 and 1997 Reef Fish Stock

Assessment Panel (RFSAP) Reports. In

those documents, scientists concluded
47766 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations

that the vermilion snapper resource,

while not currently overfished, is

undergoing overfishing based on

decreasing trends in overall catch, mean

size of individual fish, catch-per-uniteffort, and estimated numbers of age–1

fish in the population. The Council

recommended implementation of the

minimum size limit increase as an

interim measure to help reduce

overfishing in the short term and

mitigate the need for more severe

vermilion snapper management

measures to reduce fishing mortality in

the future. The 10–inch minimum size

limit would reduce fishing mortality,

increase yield per recruit, increase the

vermilion snapper spawning potential

ratio, and thereby improve the status of

the resource while the Council develops

corrective, long-term action (i.e, through

FMP amendment).

The RFSAP suggested that a 10–inch

minimum size limit would be an

effective intermediate measure until a

new stock assessment and additional

analysis could be completed. The

Council, in its discussion of the interim

rule request, recognized that additional

management measures may be needed

to prevent overfishing on a long-term

basis.

The NMFS Southeast Fisheries

Science Center has determined that the

Council’s request is based on the best

available scientific information. Given

the determination of overfishing, this

request for an interim measure is

consistent with section 305(c) of the

Magnuson-Stevens Act.

NMFS concurs with the Council’s

finding regarding the need to reduce

overfishing of vermilion snapper in the

Gulf of Mexico and the need for

immediate regulatory action.

Accordingly, NMFS issues this interim

rule, effective for 180 days, as

authorized by section 305(c) of the

Magnuson-Stevens Act. This interim

rule may be extended for an additional

180 days provided that the public has

had an opportunity to comment on the

interim rule and, at the time of

extension, the Council is actively

preparing a plan amendment or

proposed regulations to address the

overfishing on a permanent basis. Public

comments on this interim rule will be

considered in determining whether to

maintain or extend this rule to address

overfishing of vermilion snapper.

Responses to comments will be

provided if the interim rule is revoked,

modified, or extended.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to reduce

overfishing of vermilion snapper in the

Gulf of Mexico and is consistent with

the Magnuson-Stevens Act and other

applicable laws.

A delay in action to reduce

overfishing increases the likelihood of a

loss of long-term productivity of

vermilion snapper in the Gulf of Mexico

and increases the probable need for

more severe restrictions in the future.

The public is aware of this increased

minimum size limit and has had an

initial opportunity to comment on it at

Council meetings and at hearings

conducted on Amendment 15.

Accordingly, pursuant to authority set

forth at 5 U.S.C. 553(b)(B), the AA finds

that these reasons constitute good cause

to waive the requirement to provide

prior notice and the opportunity for

prior public comment, as such

procedures would be contrary to the

public interest. Similarly, the need to

implement these measures in a timely

manner to address the overfishing of

vermilion snapper constitutes good

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

the 30-day delay in effectiveness.

However, to provide sufficient

notification of the increased minimum

size limit for vermilion snapper,

particularly to vessels that may be at

sea, NMFS makes this rule effective

September 14, 1997.

This interim rule has been determined

to be not significant for purposes of E.O.

12866.

Because prior notice and an

opportunity for public comment are not

required to be provided for this rule by

U.S.C. § 553, or any other law, the

analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C.

§ 601 et seq., are inapplicable.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: September 5, 1997.

David L. Evans,

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 § 622.37, paragraph (d)(1) is

revised and paragraph (d)(6) is added to

read as follows:

§ 622.37 Minimum sizes.

* * * * *

(d) Gulf reef fish. (1) Black sea bass

and lane snapper—8 inches (20.3 cm),

TL.

* * * * *

(6) Vermilion snapper—10 inches

(25.4 cm), TL.

* * * * *

[FR Doc. 97–24163 Filed 9–10–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970903225–7225–01; I.D.

081297G]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery of the Gulf of Mexico

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule, technical

amendment.

SUMMARY: NMFS issues this final rule to

correct two of the coordinates that

specify the boundary of the Tortugas

shrimp sanctuary and to redesignate a

paragraph of the regulations pertaining

to the sanctuary.

DATES: Effective on September 11, 1997.

FOR FURTHER INFORMATION CONTACT: W.

Perry Allen, 813–570–5326.

SUPPLEMENTARY INFORMATION: The

shrimp fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Shrimp

Fishery of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

and is implemented under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act by

regulations at 50 CFR part 622.

Under the FMP, the Tortugas shrimp

sanctuary has been closed to trawling

since 1981. Three small areas are

excepted from that closure for specified

periods of the year. The current

regulations on the Tortugas shrimp

sanctuary incorrectly state one latitude

and one longitude in the list of

coordinates that make up the sanctuary.

In addition, a paragraph specifying one

of the exceptions to the closure is

incorrectly designated. These errors

were introduced into the regulations

when the regulations on the shrimp

fishery, previously contained in 50 CFR