8404 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

2. Part 193 is amended by adding

§ 193.2019 to subpart A to read as

follows:

§ 193.2019 Mobile and temporary LNG

facilities.

Mobile and temporary LNG facilities

for peakshaving application, for service

maintenance during gas pipeline

systems repair/alteration, or for other

short term applications need not meet

the requirements of this part if the

facilities are in compliance with section

2–3.4 of NFPA 59A (1996 edition).

3. Section 193.2057 is amended by

revising paragraphs (b) and (c)(1) to read

as follows:

§ 193.2057 Thermal radiation protection.

* * * * *

(b) Measurement. The exclusion

distance ‘‘d’’ is the horizontal distance

measured from the impoundment area

to the target where the following apply:

(1) The maximum calculated

exclusion distance for each thermal flux

level shall be used for that exposure

(offsite target) in paragraph (d) of this

section.

(2) The wind speed producing the

maximum exclusion distances shall be

used except for wind speeds that occur

less than 5 percent of the time based on

recorded data for the area.

(3) The ambient temperature and

relative humidity that produce the

maximum exclusion distance shall be

used except that values that occur less

than 5 percent of the time based on

recorded data for the area shall not be

used.

(4) Properties of LNG with the highest

anticipated heating value shall be used.

(5) The height of the flame base

should be that of any dike or

containment in relation to the

horizontal reference plane. The height

of the target shall be in relation to the

same reference plane.

(c) * * *

(1) The method of calculating the

exclusion distances for levels of radiant

exposure listed in paragraph (d) of this

section shall be the method described in

Gas Research Institute report GRI–89/

0176 and also available as the

‘‘LNGFIRE’’ computer program from

GRI.

* * * * *

4. The ‘‘Impoundment & Topography

Elevation Profile’’ diagram following

§ 193.2057(b) of this section is removed.

5. Section 193.2059 is amended by

revising paragraphs (c) introductory text

and (d)(1)(ii) and adding paragraph

(c)(4), to read as follows:

§ 193.2059 Flammable vapor-gas

dispersion protection.

* * * * *

(c) Computing dispersion distance. A

minimum dispersion distance must be

computed for the impounding system. If

grading and drainage are used under

§ 193.2149(b), operators must comply

with the requirements of this section by

assuming the space needed for drainage

and collection of spilled liquid in an

impounding system. Dispersion

distances must be determined in

accordance with the following

dispersion parameters, using the

‘‘DEGADIS’’ model described in Gas

Research Institute report No. GRI 89/

0242 titled ‘‘LNG Vapor Dispersion

Predication with the DEGADIS Dense

Gas Dispersion Model’’, or a model for

vapor dispersion which meets the

requirements of § 193.2057(c)(2)(ii)

through (iv):

* * * * *

(4) A surface roughness factor of 3 cm

shall be used. Higher values for the

roughness factor may be used if it can

be shown that the terrain both upwind

and downwind of the vapor cloud has

dense vegetation and that the vapor

cloud height is more than ten times the

height of the obstacles encountered by

the vapor cloud.

(d) * * *

(1) * * *

(ii) In determining variations in the

vaporization rate due to surface contact,

the time necessary to wet 100 percent of

the impounding floor area shall be

determined by equation C–9 in the 1974

AGA report titled ‘‘Evaluation of LNG

Vapor Control Methods,’’ or by using an

equivalent personal computer program

based on equation C–9 or by an

alternative model which meets the

requirements of § 193.2057(c)(2)(ii)

through (iv).

* * * * *

6. Appendix A to Part 193 is amended

in subsection I. by revising the entries

E., F., G., and H. and adding an entry

I., and amended in subsection II. by

redesignating entries F. and G. as entries

G. and H. and adding a new entry F. to

read as follows:

Appendix A to Part 193—Incorporation

by Reference

I. List of Organizations and Addresses

* * * * *

E. American Society of Civil Engineers

(ASCE), 345 East 47th Street, New York, NY

10017–2398.

F. American Society of Mechanical

Engineers (ASME), United Engineering

Center, 345 East 47th Street, New York, NY

10017.

G. Gas Research Institute (GRI), 8600 West

Bryn Mawr Ave, Chicago, IL 60631.

H. International Conference of Building

Officials, 5360 South Workman Mill Road,

Whittier, CA 90601.

I. National Fire Protection Association

(NFPA), 1 Batterymarch Park, P.O.Box 9101,

Quincy, MA 02269–9101.

II. Documents Incorporated by Reference.

(Numbers in Parentheses Indicate Applicable

Editions)

* * * * *

F. Gas Research Institute (GRI):

1. GRI–89/0176 ‘‘LNGFIRE: A Thermal

Radiation Model for LNG Fires’’ (June 29,

1990).

2. GRI–89/0242 ‘‘LNG Vapor Dispersion

Prediction with the DEGADIS Dense Gas

Dispersion Model’’ (April 1988–July 1990).

* * * * *

Issued in Washington, D.C. on January 23,

1997.

Kelley S. Coyner,

Deputy Administrator.

[FR Doc. 97–4614 Filed 2–24–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970211028–7028–01; I.D.

012397A]

RIN 0648–AJ34

Fisheries of the Northeastern United

States; Framework 21 to the Northeast

Multispecies 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 21 to the

Northeast Multispecies Fishery

Management Plan (FMP). These

regulations allow vessels with general

category scallop permits or limited

access permits, if not fishing under a

days-at-sea (DAS) limitation, to fish for

scallops with small dredges (combined

width not to exceed (10.5 ft (3.2 m))

within the Gulf of Maine Small Mesh

Northern Shrimp Fishery Exemption

Area. The intent of this action is to

allow small scallop dredge vessels to

harvest scallops in a manner that is

consistent with the bycatch reduction

objectives of the FMP.

EFFECTIVE DATE: February 20, 1997.

ADDRESSES: Copies of Amendment 7 to

the FMP (Amendment 7), its regulatory

impact review and the initial regulatory

flexibility analysis, its final

supplemental environmental impact

statement (FSEIS), and the supporting
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8405

documents for Framework Adjustment

21 are available from Christopher B.

Kellogg, Acting Executive Director, New

England Fishery Management Council, 5

Broadway, (Route 1), Saugus, MA

01906–1097.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 508–

281–9273.

SUPPLEMENTARY INFORMATION:

Background

Regulations implementing

Amendment 7 became effective on July

1, 1996 (61 FR 27710, May 31, 1996).

The amendment prohibited all fishing

in the Gulf of Maine small mesh

exemption area unless the vessel was

fishing under a multispecies or scallop

DAS allocation, or with exempted gear,

or under the handgear permit

restrictions, or in an exempted fishery (a

fishery in which it has been determined

to have less than 5 percent bycatch of

regulated species). Amendment 7, in

effect, eliminated fisheries that were

determined to be inconsistent with the

bycatch reduction goal of the FMP. One

of the fisheries eliminated was the

General Permit Category, small dredge

scallop fishery in the Gulf of Maine

(GOM).

Framework Adjustment 21 provides

an exemption from the multispecies

regulations to allow the conduct of a

small dredge (combined width not to

exceed 10.5 ft (3.2 m)) sea scallop

fishery for General Category scallop

permit holders and for limited access

scallop vessels when not fishing under

a DAS. This exemption is implemented

year-round in the Gulf of Maine Small

Mesh Exemption Area, except in the

Mid-Coast Closure Area, because of high

aggregations of cod in that area. Vessels

fishing in this exemption program are

further prohibited from landing or

possessing any species other than

Atlantic sea scallops.

This framework adjustment is

consistent with the bycatch reduction

goal of the FMP, based on the following

information. Reports from at-sea

observation by state biologists from

Maine and Massachusetts indicate

minimal or no bycatch from the small

dredge scallop fishery. NMFS weighout

records of interviewed trips from the

GOM during 1988–93 indicate the

average bycatch of regulated species was

1.5 percent over the 6-year period.

NMFS vessel trip reports from 1994 and

1995 also show minimal amounts of

bycatch from this fishery. Based on

available information, the New England

Fishery Management Council (Council)

has concluded, and NMFS agrees, that

the bycatch of regulated species by

small scallop dredges in the GOM Small

Mesh Exemption Area is less than 5

percent by weight of total catch and

does not jeopardize fishing mortality

objectives or other goals and objectives

of the FMP. The States of Maine and

Massachusetts have offered observer

coverage during the initial

implementation of this framework

adjustment to assure that the bycatch of

regulated species is within the 5 percent

level.

The Council recommended

publication of this management measure

as a final rule after considering the

required factors stipulated under the

framework measures in the FMP, 50

CFR 648.90, and has provided

supporting analyses for each factor

considered. The Administrator,

Northeast Region, NMFS, concurs with

the Council’s recommendation and has

determined that Framework Adjustment

21 should be published as a final rule.

NMFS is amending the multispecies

regulations following the procedure for

framework adjustments established by

Amendment 7 and codified in 50 CFR

part 648. The Council developed and

analyzed the actions at two Council

meetings held on October 2–3 (61 FR

50796, September 27, 1996) and

November 6–7, 1996 (61 FR 56213,

October 31, 1996).

Comments and Responses

The October 2–3, 1996, Council

meeting was the first of two meetings

that provided an opportunity for public

comment on Framework Adjustment 21.

A draft document containing the

proposed management measures and

their rationale was available to the

public during the last week in

September 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

November 6–7, 1996. Testimony

provided by industry members at the

public meetings favored the framework

adjustment. No other comments were

received.

Classification

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

NMFS reinitiated consultation on the

Northeast Multispecies, Atlantic Sea

Scallop and American Lobster FMPs,

and this action was considered as part

of this comprehensive consultation. The

consultation considered new

information concerning the status of the

northern right whale. As a result of the

consultation, NMFS has determined

that: (1) The fishing activities carried

out under the Multispecies and Lobster

FMPs are likely to jeopardize the

continued existence of the northern

right whale; (2) the prosecution of the

multispecies, lobster, and scallop

fisheries will not adversely modify right

whale critical habitat; (3) that the

current fishing practices allowed under

the Lobster FMP and the Multispecies

FMP may affect but are not likely to

jeopardize the continued existence of

the harbor porpoise and the distinct

population segment of Atlantic salmon

stocks found in certain Maine rivers that

are both currently proposed to be listed

as threatened; and (4) no new

information has become available that

changes the basis for previous

determinations that the scallop FMP

and prosecution of the scallop fishery,

which is provided additional fishing

opportunity as a result of this action, is

not likely to adversely affect

endangered, threatened, and proposed

species or adversely modify critical

habitat. The new information provided

above does not change the basis for the

conclusions of the 1996 Biological

Opinion that the fishing activities

carried out under the Lobster and

Multispecies FMPs may affect, but are

not likely to jeopardize, the continued

existence of the other endangered and

threatened whale and sea turtle species

under NMFS jurisdiction.

The Assistant Administrator for

Fisheries, NOAA (AA), under 5 U.S.C.

553(b)(B), finds that there is good cause

to waive the requirement to provide

prior notice and opportunity for public

comment as such procedures are

unnecessary. 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. Further, NMFS is

responding in this rule to the comments

it received during these meetings. This

rule removes a prohibition on fishing

applied to certain gear types in certain

areas, thereby relieving a restriction. As

such, under 5 U.S.C. 553(d)(1), this rule

is not subject to the 30-day delay in

effectiveness.

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 allow small scallop dredges

to harvest scallops in amounts that are

consistent with the bycatch reduction

objectives of the FMP.
8406 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 19, 1997.

Rolland A. Schmitten

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

to read as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.80, paragraph (a)(2)(iii) is

revised and paragraph (a)(10) is added

to read as follows:

§ 648.80 Regulated mesh areas and

restrictions on gear and methods of fishing

* * * * *

(a) * * *

(2) * * *

(iii) Other gear and mesh exemptions.

The minimum mesh size for any trawl

net, sink gillnet, Scottish seine,

midwater trawl, or purse seine on a

vessel or used by a vessel when fishing

in the GOM/GB Regulated Mesh Area

while not under the NE multispecies

DAS program, but when under one of

the exemptions specified in paragraphs

(a)(3), (a)(4), (a)(6), (a)(8), (a)(9), (d), (e),

(h), and (i) of this section, is set forth in

the respective paragraph specifying the

exemption. Vessels that are not fishing

under one of these exemptions, or under

the small dredge exemption specified in

§ 648.54 and (a)(10) of this section,

under the scallop state waters

exemption specified in § 648.54, or

under a NE multispecies DAS, are

prohibited from fishing in the GOM/GB

regulated mesh area.

* * * * *

(10) Scallop Dredge Fishery

Exemption within the Gulf of Maine

(GOM) Small Mesh Northern Shrimp

Fishery Exemption Area. Vessels with a

limited access scallop permit that have

declared out of the DAS program as

specified in § 648.10, or have used up

their DAS allocations, and vessels

issued a general scallop permit may fish

in the GOM Small Mesh Northern

Shrimp Fishery Exemption Area when

not under a NE multispecies DAS

providing the vessel complies with the

requirements specified in paragraph

(a)(10)(i) of this section. The GOM

Scallop Dredge Fishery Exemption Area

is equivalent to the area defined in

paragraph (a)(3) of this section and

designated as the Small Mesh Northern

Shrimp Fishery Exemption Area.

(i) Requirements. (A) A vessel fishing

in the GOM Scallop Dredge Fishery

Exemption Area specified in paragraph

(a)(10) of this section, may not fish for,

possess on board, or land any species of

fish other than Atlantic sea scallops.

(B) The combined dredge width in use

by or in possession on board vessels

fishing in the GOM Scallop Dredge

Fishery Exemption Area shall not

exceed 10.5 ft (3.2 m) measured at the

widest point in the bail of the dredge.

(C) The exemption does not apply to

areas closed to meet the Mid-coast

closure fishery mortality reduction

targets as specified in § 648.81(g).

(ii) [Reserved]

* * * * *

[FR Doc. 97–4590 Filed 2–20–97; 2:27 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 960502124–6190–02; I.D.

021997E]

Fisheries of the Exclusive Economic

Zone Off Alaska; Scallop Fishery;

Registration Area D

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the scallop

fishery in all districts of Scallop

Registration Area D (Yakutat) other than

District 16. This action is necessary to

prevent exceeding the scallop 1997 total

allowable catch (TAC) in this area.

EFFECTIVE DATES: 1200 hrs, Alaska local

time (A.l.t.), February 20, 1997, until

2400 hrs, A.l.t., June 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

scallop fishery in the exclusive

economic zone off Alaska is managed by

NMFS according to the Fishery

Management Plan for the Scallop

Fishery Off Alaska (FMP), which was

prepared by the North Pacific Fishery

Management Council under authority of

the Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing for scallops is governed by

regulations appearing at subpart F of 50

CFR part 600 and 50 CFR part 679.

In accordance with § 679.62(b), the

1997 scallop TAC for all districts of

Scallop Registration Area D, other than

District 16, was established by the Final

1996 Harvest Specifications of Scallops

(61 FR 38099, July 23, 1996) as 250,000

lb (113,430 kg) shucked meat.

In accordance with § 679.62(c), the

Administrator, Alaska Region, NMFS,

has determined that the scallop TAC for

all districts of Scallop Registration Area

D, other than District 16, has been

reached. Consequently, NMFS is

prohibiting the taking and retention of

scallops in all districts of Scallop

Registration Area D, other than District

16.

Classification

This action is required by § 679.62

and is exempt from review under E.O.

12866.

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

Dated: February 19, 1997.

Gary Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–4586 Filed 2–20–97; 2:28 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

021997A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Offshore Component

Pollock in the Bering Sea Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock by vessels catching

pollock for processing by the offshore

component in the Bering Sea subarea

(BS) of the Bering Sea and Aleutian

Islands Management Area (BSAI). This

action is necessary to prevent exceeding

the first seasonal allowance of the

pollock total allowable catch (TAC)

apportioned to vessels harvesting

pollock for processing by the offshore

component in the BS.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), February 20 1997, until

1200 hrs, A.l.t., April 15, 1997.

FOR FURTHER INFORMATION CONTACT:

David Ham, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by the 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 CFR

part 679.