51608 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations

Advocacy of the Small Business

Administration.

V. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This is not a major rule as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Recordkeeping

and reporting requirements.

Dated: September 24, 1997.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

§§ 721.325, 721.370, 721.390, 721.400,

721.415, 721.460, 721.470, 721.490,

721.1175, 721.1575, 721.2050, 721.2170,

721.2650, 721.2750, 721.2930, 721.3028,

721.3120, 721.3640, 721.3870, 721.4020,

721.4220, 721.4400, 721.4780, 721.4790,

721.4800, 721.5705, 721.5910, 721.6500,

721.6580, 721.6640, 721.6700, 721.6720,

721.6740, 721.6760, 721.6780, 721.6840,

721.6880, 721.6940, 721.6960, 721.7040,

721.7080, 721.7100, 721.7140, 721.7180,

721.7240, 721.7300, 721.7320, 721.7340,

721.7370, 721.7400, 721.7420, 721.7460,

721.7540, 721.7560, 721.7580, 721.7660,

721.7680, 721.7740, 721.7760, 721.8075,

721.8265, 721.8275, 721.8290, 721.8300,

721.8325, 721.8335, 721.8375, 721.8400,

721.8425, 721.8475, 721.8525, 721.8550,

721.8575, 721.8600, 721.8650, 721.9240,

721.9320, 721.9360, 721.9420, 721.9510,

721.9525, 721.9870, 721.9940, 721.9975

[Removed]

2. By removing §§ 721.325, 721.370,

721.390, 721.400, 721.415, 721.460,

721.470, 721.490, 721.1175, 721.1575,

721.2050, 721.2170, 721.2650, 721.2750,

721.2930, 721.3028, 721.3120, 721.3640,

721.3870, 721.4020, 721.4220, 721.4400,

721.4780, 721.4790, 721.4800, 721.5705,

721.5910, 721.6500, 721.6580, 721.6640,

721.6700, 721.6720, 721.6740, 721.6760,

721.6780, 721.6840, 721.6880, 721.6940,

721.6960, 721.7040, 721.7080, 721.7100,

721.7140, 721.7180, 721.7240, 721.7300,

721.7320, 721.7340, 721.7370, 721.7400,

721.7420, 721.7460, 721.7540, 721.7560,

721.7580, 721.7660, 721.7680, 721.7740,

721.7760, 721.8075, 721.8265, 721.8275,

721.8290, 721.8300, 721.8325, 721.8335,

721.8375, 721.8400, 721.8425, 721.8475,

721.8525, 721.8550, 721.8575, 721.8600,

721.8650, 721.9240, 721.9320, 721.9360,

721.9420, 721.9510, 721.9525, 721.9870,

721.9940, and 721.9975.

[FR Doc. 97–26189 Filed 10–1–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 092697C]

Atlantic Tuna Fisheries; Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Catch limit adjustment;

inseason transfer.

SUMMARY: NMFS adjusts the OctoberDecember subquota for the General

category Atlantic bluefin tuna (ABT)

fishery by transferring 13 mt from the

Reserve, 3 mt from the Incidental

Longline North quota, and 54 mt from

the Incidental Longline South quota, for

a revised General category subquota of

141 mt for October-December. In

addition, NMFS adjusts the General

category effort control schedule for

October. These actions are being taken

to extend scientific data collection on

several size classes of ABT while

preventing overharvest of the adjusted

subquotas for the affected fishing

categories, and to ensure maximum

utilization of the quota while

maintaining a fair distribution of fishing

opportunities. The daily catch limit for

large medium and giant ABT for vessels

fishing under the General category quota

is reduced to zero for one day only,

Wednesday October 1, effectively

delaying the start of the General

category October fishery, at one fish per

day, until October 2, 1997.

DATES: Effective October 1, 1997, 00:01

a.m. until 11:59 p.m. EST for bag limit

adjustment; effective October 1, 1997,

until December 31, 1997, or until the

effective date of the closure, which will

be published in the Federal Register, for

the inseason transfer.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301-713-2347, or Pat

Scida, 508-281-9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285. Section

285.22 subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas among the various

domestic fishing categories.

Under the implementing regulations

at 50 CFR 285.22(f), the Assistant

Administrator for Fisheries, NOAA

(AA), has the authority to make

adjustments to quotas involving

transfers between categories after

considering certain factors. The AA is

authorized to make adjustments to

quotas involving transfers between

categories if, during a single year quota

period, it is determined, based on

landing statistics, present year catch

rates, effort, and other available

information, that any category, is not

likely to take its entire quota as

previously allocated for that year.

Given that determination, the AA may

transfer inseason any portion of the

quota of any fishing category to any

other fishing category or to the reserve

after considering the following factors:

(1) The usefulness of information

obtained from catches of the particular

category of the fishery for biological

sampling and monitoring the status of

the stock, (2) the catches of the

particular gear segment to date and the

likelihood of closure of that segment of

the fishery if no allocation is made, (3)

the projected ability of the particular

gear segment to harvest the additional

amount of Atlantic bluefin tuna before

the anticipated end of the fishing

season, and (4) the estimated amounts

by which quotas established for other

gear segments of the fishery might be

exceeded.

General Category Quota Adjustment

Implementing regulations for the

Atlantic tuna fisheries at § . 285.22

provide for a quota of 633 mt of large

medium and giant ABT to be harvested

from the regulatory area by vessels

fishing under the General category quota

during calendar year 1997. The General

category ABT quota is further

subdivided into time period subquotas

to provide for broad temporal and

geographic distribution of scientific data

collection and fishing opportunities.

Approximately 71 metric tons remain

available for the October-December

General category fishery, including a 10

mt set aside for the traditional fall New

York Bight fishery. After considering the

previously cited factors for making
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Rules and Regulations 51609

transfers between categories, the AA has

determined that 13 mt of the Inseason

Reserve of 33 mt should be transferred

to the General category. In addition, the

AA has determined that 3 mt of the

remaining Incidental Longline North

quota of approximately 9 mt, and 54 mt

of the remaining Incidental Longline

South quota of approximately 59 mt

should be transferred to the General

category. Thus, the October-December

General category quota is set at 141 mt,

including 10 mt reserved for the New

York Bight fishery.

Once the General category quota for

October - December time period has

been attained, the fishery will be closed.

The announcement of the closure will

be filed with the Office of the Federal

Register, stating the effective date of

closure, and further communicated

through the Highly Migratory Species

(HMS) Fax Network, the HMS

Information Line, NOAA weather radio,

and Coast Guard Notice to Mariners.

Although notification of closure will be

provided as far in advance as possible,

fishermen are encouraged to call the

HMS Information Line to check the

status of the fishery before leaving for a

fishing trip. The phone numbers for the

HMS Information Line are (301) 713-

1279 and (508) 281-9305. Information

regarding the Atlantic tuna fisheries is

also available through Nextlink

Interactive, Inc., at (888) USA-TUNA.

General Category Reopening

Implementing regulations for the

Atlantic tuna fisheries at § 285.24

provide the AA with authority to adjust

the catch limit for the General category

to effect restricted fishing days. Such

effort controls allow maximum

utilization of the quota while

maintaining a fair distribution of fishing

opportunities. In the final rule that dealt

with General category effort controls

filed earlier this year (62 FR 38939, July

21, 1997), NMFS established restrictedfishing days reflecting days mutually

agreed upon by associations

representing General category fishermen

and dealers. These days included

Wednesdays from Mid-July through

September to correspond to market

closure days in Japan, the primary

market for ABT. In order to ensure

maximum utilization of the quota while

maintaining a fair distribution of fishing

opportunities, the daily catch limit of

large medium and giant ABT for the

General category is reduced to zero for

one day only, Wednesday October 1,

effectively delaying the start of the

General category October fishery, at one

fish per day, until October 2, 1997.

Classification

This action is taken under 50 CFR

285.22 and 50 CFR 285.24 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: September 26, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–26103 Filed 9–29–97; 12:39 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

092697A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by

Vessels Using Trawl Gear in the Bering

Sea and Aleutian Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reallocation.

SUMMARY: NMFS is reallocating the

projected unused amount of Pacific cod

from trawl catcher/processors to trawl

catcher vessels in the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to allow

the 1997 total allowable catch (TAC) of

Pacific cod to be harvested.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), September 29, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

The Administrator, Alaska Region,

NMFS, has determined that trawl

catcher/processors will not be able to

harvest 2,000 metric tons (mt) of Pacific

cod allocated to those vessels under

§ 679.20(a)(7)(i)(B).

Therefore, in accordance with

§ 679.20(a)(7)(ii)(A), NMFS is

apportioning the projected unused

amount, 2,000 mt, of Pacific cod from

trawl catcher/processors to trawl catcher

vessels in the BSAI.

Classification

All closures remain in full force and

effect. This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately in order to

allow full utilization of the Pacific cod

TAC. A delay in the effective date is

impracticable and contrary to the public

interest. Further delay would only

disrupt the FMP’s objective of providing

a portion of the Pacific cod TAC for

trawl catcher vessels in the BSAI. NMFS

finds for good cause that the

implementation of this action can not be

delayed for 30 days. Accordingly, under

5 U.S.C. 553(d), a delay in the effective

date is hereby waived.

This action is taken under 50 CFR

679.20, and is exempt from OMB review

under E.O. 12866.

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

Dated: September 26, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–26149 Filed 9-29-97; 11:44 am]

BILLING CODE 3510–22–F