19564 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

Authority: 49 U.S.C. 30102–103, 30112, 

30117–121, 30166–167; delegation of 

authority at 49 CFR 1.95 and 49 CFR 501.8. 

■ 4. Amend § 579.26 by: 

■ a. Revising the fifth sentence of the 

introductory text; 

■ b. Revising the first sentence of 

paragraph (a); and 

■ c. Revising the second sentence of 

paragraph (d). 

The revisions read as follows: 

§ 579.26 Reporting requirements for 

manufacturers of tires. 

* * * For purposes of this section, 

the two- or three-character DOT 

alphanumeric code for production 

plants located in the United States 

assigned by NHTSA in accordance with 

§§ 574.5 and 574.6 of this chapter may 

be used to identify ‘‘plant where 

manufactured.’’ * * * 

(a) Production information. 

Information that states the 

manufacturer’s name, the quarterly 

reporting period, the tire line, the tire 

size, the tire type code or 

manufacturer’s code, the SKU, the plant 

where manufactured, whether the tire is 

approved for use as original equipment 

on a motor vehicle, if so, the make, 

model, and model year of each vehicle 

for which it is approved, the production 

year, the cumulative warranty 

production, and the cumulative total 

production through the end of the 

reporting period. * * * 

* * * * * 

(d) Common green tire reporting. 

* * * For each specific common green 

tire grouping, the list shall provide all 

relevant tire lines, tire type codes or 

manufacturer’s code, SKU numbers, 

brand names, and brand name owners. 

Issued on April 3, 2015 in Washington, DC, 

under authority delegated in 49 CFR 1.95 and 

501.5. 

Mark R. Rosekind, 

Administrator. 

[FR Doc. 2015–08418 Filed 4–10–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 150227200–5347–02] 

RIN 0648–BE79 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Management 

Reference Point Updates for Three 

Stocks of Pacific Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

update management reference point 

values for Southern Oregon coastal 

Chinook salmon, Grays Harbor fall 

Chinook salmon, and Willapa Bay 

natural coho, as recommended by the 

Pacific Fishery Management Council 

(Council) for use in developing annual 

management measures beginning in 

2015. 

DATES: This final rule is effective April 

13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

The Council manages West Coast 

ocean salmon fisheries under the Pacific 

Coast Salmon Fishery Management Plan 

(FMP). Over the course of two Council 

meetings (November 2014 and March 

2015), the Council adopted management 

reference point values for three stocks of 

Pacific salmon: Southern Oregon coastal 

Chinook salmon, Grays Harbor fall 

Chinook salmon, and Willapa Bay 

natural coho. The management 

reference points, as described in the 

proposed rule (80 FR 14066, March 18, 

2015), include: Conservation objective 

(a value unique to the FMP, generally an 

annual spawning escapement goal), the 

fishing mortality rate expected to result 

in maximum sustainable yield (FMSY), 

MSY spawner abundance (SMSY), 

minimum stock size threshold (MSST), 

and maximum fishery mortality 

threshold (MFMT, generally equal to 

FMSY). For one stock that was added to 

the FMP under Amendment 16, Willapa 

Bay natural coho, the Council also 

confirmed the formula for determining 

the annual catch limit (ACL), as 

required under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA). The proposed rule was 

developed based on Council 

recommendations from the November 

2014 Council meeting. At that time, the 

Council had not explicitly adopted all of 

the management reference point values; 

therefore, NMFS proposed adopting 

some of the values pursuant to NMFS’ 

independent rulemaking authority (18 

U.S.C. 1855(d)), and those values were 

described in the proposed rule. The 

Council took action at the March 2015 

meeting to adopt the remaining 

management reference point values. The 

reference point values being 

implemented by this final rule are based 

on the best available science developed 

through the Council’s 2014 

methodology review. They were 

recommended to the Council by the 

Salmon Technical Team, and were 

reviewed and endorsed, to the extent 

appropriate, by the Scientific and 

Statistical Committee. The reference 

point values being implemented are 

presented in Table 1. 

TABLE 1—UPDATED MANAGEMENT REFERENCE POINTS ADOPTED BY THE COUNCIL AND IMPLEMENTED IN THIS FINAL

RULE

Reference point Southern Oregon coastal Chinook Willapa Bay natural coho Grays Harbor fall Chinook 

FMP Conservation Objective 

(escapement).

41,000 (measured at Huntley 

Park).

17,200 ........................................... 13,326. 

SMSY (escapement) ....................... 34,992 ........................................... 17,200 ........................................... 13,326. 

MSST (escapement) ...................... 20,500 (measured at Huntley 

Park).

8,600 ............................................. 6,663. 

MFMT ............................................. 54 percent ..................................... 74 percent ..................................... 63 percent. 

ACL Definition ................................ Not applicable ............................... Based on FABC and annual ocean 

abundance, FABC is FMSY reduced by Tier 1 (5%) uncertainty.

Not applicable. 


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Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19565 

Response to Comments 

NMFS accepted comments on the 

proposed rule to update management 

reference point values through April 2, 

2015. NMFS received six public 

comment submissions from individuals, 

via the www.regulations.gov portal. The 

comments, and NMFS’ responses, have 

been grouped for similarity. 

Comment 1: Two individuals 

expressed support for the proposed rule, 

referring to it as a ‘‘great idea’’ and 

praising the economic benefits of a 

fishery with ‘‘fair measurements.’’ 

Response: NMFS agrees that a 

sustainably managed fishery is 

beneficial. 

Comment 2: Three individuals 

supported fish and the fishing industry, 

but did not provide specific comments 

on the proposed rule. 

Response: NMFS agrees that fisheries 

should be managed to be beneficial to 

both the fish and the public. Under the 

MSA, NMFS is responsible for 

sustainable management of the nation’s 

fisheries. This rule is consistent with 

that obligation and addresses 

requirements of the FMP and MSA 

National Standard 1. 

Comment 3: One individual asked 

‘‘where are the proposed fisheries?’’ 

Response: This rule does not propose 

fisheries. Salmon management measures 

for ocean salmon fisheries off the coasts 

of Washington, Oregon, and California 

are set annually through the Council 

process (http://www.pcouncil.org/

salmon/). 

Updated Information From the 

Proposed Rule 

The Council took final action at their 

March 2015 meeting to adopt the three 

management reference points described 

in the proposed rule that were 

previously not explicitly adopted by the 

Council (Willapa Bay natural coho 

MSST, and Grays Harbor fall Chinook 

MSST and MFMT). The Council 

transmitted this action to NMFS in a 

letter dated April 1, 2015. Therefore, 

under this final rule, NMFS implements 

all of the management reference point 

values in the proposed rule as 

recommended by the Council. See Table 

1 for the management reference points 

adopted by the Council and 

implemented in this final rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

MSA, the NMFS Assistant 

Administrator has determined that this 

rule is consistent with the Pacific 

Salmon Fishery Management Plan, the 

MSA, and other applicable law. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The West Coast Regional 

Administrator has determined that the 

actions of this rule qualify for 

categorical exclusion from further NEPA 

analysis under NAO 216–6. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification was published 

with the proposed rule and is not 

repeated here. No comments were 

received regarding the economic impact 

of this final rule. As a result, a RFA is 

not required and none has been 

prepared. 

This rule does not establish any new 

reporting or recordkeeping 

requirements. This rule does not 

include a collection of information. No 

Federal rules have been identified that 

duplicate, overlap, or conflict with this 

action. 

This action is not expected to have 

adverse effects on any species listed 

under the Endangered Species Act 

(ESA) or designated critical habitat. This 

action modifies reference points used in 

the setting of annual management 

measures for West Coast salmon 

fisheries. NMFS has current ESA 

biological opinions that cover fishing 

under annual regulations adopted under 

the FMP on all listed salmon species 

except Lower Columbia River natural 

coho; NMFS expects to complete a new 

biological opinion for Lower Columbia 

River natural coho prior to 

implementing 2015 salmon management 

measures on May 1, 2015. NMFS 

reiterates their consultation standards 

for all ESA-listed salmon and steelhead 

species in their annual Guidance letter 

to the Council. Some of NMFS past 

biological opinions have found no 

jeopardy, and others have found 

jeopardy, but provided reasonable and 

prudent alternatives to avoid jeopardy. 

The annual management measures are 

designed to be consistent with the 

biological opinions that found no 

jeopardy, and with the reasonable and 

prudent alternatives in the jeopardy 

biological opinions. The Council’s 

recommended management measures, 

which will be consistent with the 

reference points implemented by this 

rule, therefore comply with NMFS’ 

consultation standards and guidance for 

all listed salmon species which may be 

affected by Council fisheries. In some 

cases, the recommended measures are 

more restrictive than NMFS’ ESA 

requirements. 

In 2009, NMFS consulted on the 

effects of fishing under the Salmon FMP 

on the endangered Southern Resident 

Killer Whale Distinct Population 

Segment (SRKW) and concluded the 

salmon fisheries were not likely to 

jeopardize SRKW. Annual salmon 

management measures are designed to 

be consistent with the terms of that 

biological opinion. 

This rule was developed after 

meaningful collaboration with the 

affected tribes, through the Council 

process. Under the MSA at 16 U.S.C. 

1852(b)(5), one of the voting members of 

the Council must be a representative of 

an Indian Tribe with Federally 

recognized fishing rights from the area 

of the Council’s jurisdiction. 

The Assistant Administrator for 

Fisheries finds that good cause exists 

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

30-day delay in effectiveness. This rule 

implements changes in management 

reference points that will be used in 

setting ocean salmon fisheries, 

beginning in 2015. As previously 

discussed, the actions in this rule were 

developed through the Council’s 

Methodology review. The actions were 

adopted by the Council over two 

Council meetings and the final 

recommendation was transmitted to 

NMFS in April 2015. The Council took 

action on some of the management 

reference points in November 2014 and 

transmitted their initial 

recommendations to NMFS on January 

23, 2015, with further clarification 

transmitted to NMFS on February 9, 

2015. The Council finalized adoption of 

the management reference points and 

transmitted them to NMFS on April 1, 

2015. Therefore, this rulemaking could 

not be implemented sooner. Delaying 

the effectiveness of the actions in this 

rule by 30 days would result in 

managing the three affected stocks in a 

manner that is not consistent with the 

best available science, and would 

complicate NMFS’ approval and 

implementation of salmon fisheries 

recommended by the Council, beginning 

May 1, 2015. Delay in implementing 

this rule would have the following 

effects on the impacted stocks: Southern 

Oregon coastal Chinook and Grays 

Harbor fall Chinook would be subject to 

overfishing, as the current MFMT would 

be higher than recommended by the 

STT and adopted by the Council; 

Willapa Bay natural coho would have 

no defined reference points, no way to 

evaluate for overfishing, and no defined 

annual catch limit. Therefore, if the 

effectiveness of this rule is delayed, it 

would undermine the purposes of this 


wreier-aviles on DSK5TPTVN1PROD with RULES
19566 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 

agency action and the requirements of 

the Magnuson-Stevens Act. 

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

Dated: April 7, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2015–08394 Filed 4–10–15; 8:45 am] 

BILLING CODE 3510–22–P 


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