Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15425

1See National Marine Fisheries Service Biological

Opinion, issued on November 30, 1993, relating to

Amendment 5 of the Multispecies FMP, for a

discussion of the abundance, distribution, and life

history of right whales, along with a discussion of

factors contributing to the mortality of right whales,

including entanglements with sink gillnet gear and

other gillnet gear capable of catching multispecies.

Section Remove Add

378.5(b) ................................ § 1008.9 ........................................................................... § 378.9.

378.5(c) ................................ § 1008.8 ........................................................................... § 378.8.

378.6 .................................... § 1008.7 ........................................................................... § 378.7.

[FR Doc. 97–7961 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

50 CFR Part 648

National Oceanic and Atmospheric

Administration

[Docket No. 970324064–7064–01; I.D.

021997B]

RIN 0648–AJ32

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 23

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 23 to the

Northeast Multispecies Fishery

Management Plan (FMP). This rule

closes Federal waters at the times

specified to vessels fishing with sink

gillnet gear and other gillnet gear

capable of catching multispecies, with

the exception of single pelagic gillnets,

in parts of the following right whale

critical habitat areas: Cape Cod Bay from

March 27, 1997 through May 15, 1997,

and from January 1 through May 15 in

subsequent years; and the Great South

Channel from April 1 through June 30,

annually. The intent of this action is to

restrict multispecies fishing activities

that have been determined to jeopardize

the continued existence of the northern

right whale.

EFFECTIVE DATE: March 27, 1997.

ADDRESSES: Copies of Amendment 7 to

the FMP, its regulatory impact review

(RIR) and the final regulatory flexibility

analysis (FRFA) contained with the RIR,

and its final supplemental

environmental impact statement, are

available upon request from Paul

Howard, Executive Director, New

England Fishery Management Council

(Council), 5 Broadway, Saugus, MA

01906–1097. Framework Adjustment 23

documents, the marine mammal stock

assessment report, and biological

opinions are available from Andrew A.

Rosenberg, Ph.D, Regional

Administrator, Northeast Region, NMFS

(Regional Administrator), One

Blackburn Drive, Gloucester, MA

01930–2298.

FOR FURTHER INFORMATION CONTACT: Lt.

Dan Morris (NOAA Corps), Resource

Conservation Officer, NMFS, Northeast

Region, Habitat and Protected Resources

Division, 508–281–9388.

SUPPLEMENTARY INFORMATION:

Background

Several marine species listed as

threatened or endangered under the

Endangered Species Act (ESA) occur

regularly in waters covered by the FMP.

The NMFS, the agency responsible for

implementation of the FMP, is required

by section 7 of the ESA to consider what

impacts fishing activities governed by

the FMP and its implementing

regulations may have on ESA-listed

species. As a result of this deliberative

process, NMFS issued a biological

opinion 1 on December 13, 1996,

concluding that the fishing activities

governed by the FMP and its

implementing regulations are likely to

jeopardize the continued existence of

the northern right whale (Eubalaena

glacialis).

The northern right whale is the most

endangered large whale species in the

Northwest Atlantic Ocean. The 1995

Stock Assessment Report (Blaylock et

al., 1995) prepared by NMFS pursuant

to the 1994 Marine Mammal Protection

Act amendments reference the 1992

estimate of 295 (Knowlton et al., 1994)

as the current minimum population

estimate for the northern right whale. The Potential Biological Removal

(PBR) level is the maximum number of

animals, not including natural

mortalities, that may be removed from a

marine mammal stock while allowing

the stock to reach and or sustain its

optimum sustainable population level.

The PBR level for right whales is

currently set at 0.4 individuals per year,

or two human-induced whale

mortalities or serious injuries every 5

years (Blaylock et al., 1995). Based on a

minimum estimate of known serious

injuries or mortalities, the current PBR

level has been exceeded in 20 of the

past 27 years. This level of interaction

is based on actual reported numbers,

rather than an estimate based on

extrapolations to total shipping and

fishing effort.

During January and February of 1996,

an unprecedented number of right

whale deaths (six or seven) was reported

from the Southeast right whale critical

habitat/calving grounds off Georgia and

Florida. Because the northern right

whale population is so small and its

reproductive rate so low, anthropogenic

impacts, such as ship strikes and fishery

entanglements, inhibit the species’

recovery and may jeopardize the

population’s continued existence. A

report on these mortalities was

presented by the Right Whale Research

Group of the New England Aquarium to

the New England and Southeast Right

and Humpback Whale Recovery Plan

Implementation Teams along with

information from 1995 and 1996 on

levels of known and estimated right

whale mortality. This information

reflected a possible change in the status

of the species, as measured by the

environmental baseline upon which all

previous section 7 consultations had

been conducted. Based on this new

information, NMFS reinitiated

consultation on the FMP on October 29,

1996.

The multispecies fishery includes the

use of sink gillnets, a gear type that is

known to cause serious injury to right

whales. Approximately 15 right whale

entanglements in gillnet gear were

recorded between 1970 and 1996;

approximately 13 were sighted in

Massachusetts, the Great South

Channel, the Bay of Fundy, and the Gulf

of Maine combined; and 5 were

identified as monofilament or sink

gillnet gear. Given the historical record

of right whale entanglements in gillnet

gear, the level of observed right whale

mortalities over the past 18 months from

all sources (including ship strikes,

fishery interactions and natural causes),

and the uncertainties about the status of

the population and its rate of recovery,

NMFS, on December 13, 1996,

concluded that the current and

proposed fishing activities carried out

under the FMP are likely to jeopardize

the continued existence of the northern

right whale.

When NMFS concludes that a Federal

action is likely to jeopardize the

continued existence of a species, the
15426 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

agency is required to recommend

reasonable and prudent alternative(s) to

the action which, when implemented,

would remove the threat of jeopardy to

the species in question. The reasonable

and prudent alternative in the

Multispecies FMP Biological Opinion

(December 13, 1996) includes the

requirement that NMFS request the

Council to accomplish a framework

adjustment action to close most of the

Great South Channel right whale critical

habitat to sink gillnet gear and other

gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets, used in the bait

fishery, during the period of peak right

whale abundance. NMFS made this

request to the Council at the December

11–12, 1996, meeting in order to allow

the action to be completed under the

framework adjustment process prior to

April 1, 1997, the deadline required by

the biological opinion.

Concurrently, the Commonwealth of

Massachusetts has prohibited gillnets

from the designated right whale critical

habitat in Cape Cod Bay within State

waters from January 1 through May 15.

As a portion of the Cape Cod Bay

Critical Habitat lies in Federal waters,

NMFS has requested that the Council

act to implement restrictions consistent

with the State’s in that Federal area, as

well.

Implemented fully and in a timely

manner, this measure will directly

reduce the likelihood of right whale

entanglements in sink gillnet gear and

other gillnet gear capable of catching

multispecies. The exception for single

pelagic gillnets (sometimes referred to

as a small-mesh pelagic net or baitnet by

participants in the fishery) provides for

the use of this gear to harvest bait for the

tuna and lobster fisheries. Framework

Adjustment 16 to the FMP (62 FR 9377,

March 3, 1997) referred to these single

pelagic nets as small-mesh pelagic

gillnets, not longer than 300 ft (91.44 m)

and not more than 6 ft (1.83 m) deep,

with a maximum mesh size of 3 inches

(7.62 cm), and requires that the net be

attached to the boat and fished in the

upper two-thirds of the water column.

These small nets are constantly

monitored and should pose little risk of

entanglement to right whales. If a whale

should become entangled in a legally

deployed baitnet, disentanglement

efforts should begin immediately to

minimize the threat of the whale

becoming injured seriously or killed.

Accordingly, these final regulations are

applicable to all sink gillnets and other

gillnet gear capable of catching

multispecies, except for single pelagic

gillnets as described in § 648.81(f)(2)(ii).

In addition, gillnet gear modifications

may be developed that would minimize

the risk of whale entanglement and/or

minimize the chances that an

entanglement will result in the serious

injury or mortality of a whale. If such

gear modifications are determined to

represent an acceptable risk, the

Regional Administrator may authorize

an experimental fishery in the time/area

closures under this action. Since the

northern right whale is an endangered

species, the efficacy of proposed gear

modifications cannot be directly tested.

Therefore, before implementation

through an experimental fishery,

proposed gear modifications must be

subjected to rigorous technical review

for practicability and potential

effectiveness. The process by which

proposed gear modifications will

undergo technical review for potential

effectiveness and practicability is as

follows:

• Ideas for gear modifications will be

sought from the fishing industry, gear

specialists, the academic community,

and conservation organizations.

• Gear modification proposals will be

reviewed and refined by the Gear

Modification Development Group.

Among others, the Group will include a

core of engineers or other specialists

who can provide detailed technical

review of proposals.

• The Gear Modification Development

Group will forward acceptable

proposals to the Council’s Marine

Mammal Committee and/or responsible

fisheries committee for its

consideration.

• The Committee(s) will report to the

full Council, and the Council will

recommend to the NMFS Regional

Administrator what gear modifications

should be implemented as an

experimental fishery in the closed areas.

The Regional Administrator will decide

within 60 days whether to authorize the

experimental fishery under the

Magnuson-Stevens Fishery

Conservation and Management Act.

The Council is making this

adjustment to the regulations under the

framework abbreviated rulemaking

procedure codified at 50 CFR part 648,

subpart F. This procedure requires the

Council, when making specifically

allowed adjustments to the FMP, to

develop and analyze the actions over

the span of at least two Council

meetings. The Council must provide the

public with advance notice of both the

proposals and the analysis, and

opportunity to comment on them prior

to and at a second Council meeting.

Upon review of the analysis and public

comment, the Council may recommend

to the Regional Administrator that the

measures be published as a final rule, if

certain conditions are met. The Regional

Administrator may publish the

measures as a final rule, or as a

proposed rule if additional public

comment is needed.

Adherence to Framework Procedure

Requirements

The Council considered the public

comments prior to making its

recommendation to the Regional

Administrator under the provisions for

abbreviated rulemaking in this FMP.

The Council requested publication of

these management measures 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. NMFS

concurs with the Council’s analysis.

Comments and Responses

NMFS requested that the Council

initiate action on Framework

Adjustment 23 at its meeting on

December 11–12, 1996. The proposed

action was discussed by the Council at

that meeting and both the Council and

the public had the opportunity to

comment at the next two Council

meetings (the minimum required under

the FMP framework adjustment

process). The first meeting was held on

January 16, 1997, and the second

meeting took place on January 29–30,

1997. Both Council meetings were held

in Danvers, MA. Documents

summarizing the Council’s proposed

action, the biological analyses upon

which this decision was based and

potential economic impacts were

available for public review 5 days prior

to the second meeting as required under

the framework adjustment process.

Written comments were accepted

through January 30, 1997. Comments on

the Council’s proposal were received

from a Council member, the

International Wildlife Coalition and

Massachusetts Gillnetters Association.

Comment 1: NMFS, in several forums

and documents, has stated that fishery

entanglements are the known cause of a

relatively small portion of the observed

right whale mortalities and that

entanglement in sink gillnet gear from a

U.S. fisher has never been identified as

cause of a right whale’s death.

Response: Of the 41 right whale

mortalities observed since 1970 (New

England Aquarium, unpublished data),

2 have been attributed to fishery

entanglements and 14 have been

attributed to ship strikes. The remainder

of the mortalities are from unknown or

natural causes. Since 1970, there was a

total of approximately 31 records of

right whale entanglements in all types
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15427

of commercial fishing gear that did not

result in immediate mortality (NMFS,

unpublished data). Although the gear

type often cannot be attributed to a

specific fishery, gear types that have

been identified include a weir, traps,

several types of nets, and pot/trap gear.

As the gear is often unmarked and the

entangled whales can carry it for

hundreds of miles, the country of origin

cannot always be determined.

Furthermore, entanglement in sink

gillnet gear has been documented in

Canadian waters. Because this same gear

type is used by U.S. fishers in right

whale high-use areas, there is a

potential for entanglement in U.S.

gillnet gear.

Comment 2: Ship strikes are a far

greater source of mortality, yet the U.S.

sink gillnet fishery is held responsible

and restricted to reduce mortalities.

Gillnetters have been singled out as the

single culprit of a multi-faceted

problem. Such an approach is illogical,

unconscionable, and probably

ineffective.

Response: Recovery of the right whale

population is a multi-faceted problem

involving the many water-borne

activities that may affect the whales. It

is certain that ship strikes present a

significant threat to right whales. NMFS

is aggressively working with the

shipping community on the problem. A

sighting and reporting network has been

established to warn vessel traffic of the

presence of whales in high use areas.

Other outreach programs are being

developed; for example, NMFS is

helping to support a workshop on the

problem for all components of the

shipping industry. The Commonwealth

of Massachusetts, U.S. Navy, U.S. Coast

Guard, NMFS, and the Center for

Coastal Studies have provided resources

for sighting and outreach efforts. Also,

NMFS recently issued an interim final

rule that prohibits vessels from

approaching right whales to within 500

yd (460 m) (62 FR 6729, February 13,

1997).

As noted above, right whales are

known to have become entangled in

gear types other than multispecies

gillnet gear. Under separate authority,

NMFS intends to place restrictions on

the lobster trap/pot fishery (along with

provisions for experimental fisheries

with approved gear modifications)

similar to those imposed on the

multispecies gillnet fishery by this

action. NMFS is not considering the

impacts of the sink gillnet fishery in

isolation, but in combination with

impacts of other activities.

Comment 3: The proposed action

allows fishing to continue in the portion

of the designated Great South Channel

Critical Habitat to the west of LORAN C

13710. While this regulation may limit

the potential for increased interaction

between right whales and gillnets

within the critical habitat, the current

lack of fishery activity within the time

and area of the proposed action results

in little or no reduction in the potential

for entanglement. Therefore, the

proposed action is unlikely to meet its

objective. The entire critical habitat

should be closed from April through

June of each year.

Response: Of all the right whale

sightings in the Great South Channel

Critical Habitat from April through June,

97 percent have been in the area to the

east of LORAN C 13710 (Dr. James Hain,

NEFSC, report to the Large Whale Take

Reduction Team). This action removes

sink gillnets and other gillnet gear

capable of catching multispecies

finfishes, with the exception of a single

pelagic gillnet (as described in

§ 648.81(f)(2)(ii)), from this area and

accordingly, could reduce the likelihood

of a right whale becoming entangled in

a gillnet in the critical habitat area by 97

percent. Arguably, the closure of the

entire critical habitat area would affect

more fishers more significantly than the

proposed action and may provide

considerable incentive for the industry

to develop and operationally test a range

of methods and gear modifications. On

the other hand, the broader closure

would not offer any significant

additional risk reduction while

impacting a significantly larger number

of fishing vessels that utilize the

western portion of the critical habitat

area in the spring.

Comment 4: Under the action,

experimental fisheries may be

authorized in the closed areas if gear

modifications are developed that would

reduce the risks of entanglement and/or

minimize the injurious effect of

potential entanglements. To ensure

timely and consistent review of

proposed gear modifications, NMFS

needs to establish a technical review

process.

Response: NMFS has developed a

process for review and development of

gear modifications that would

potentially minimize the risks of right

whale entanglements. The process

would establish first a Gear

Modification Development Group,

consisting of a core of engineers and

gear specialists, which would solicit,

review for potential effectiveness and

practicability, and provide technical

advice on gear modification proposals

from the fishing industry, academic

community, conservation organizations,

and the general public. Next, under the

process, the Gear Modification

Development Group would report its

findings to the Marine Mammal

Committee and/or Responsible Fisheries

Committee of the Council for their

consideration. The Committees would

then report to the full Council, and the

Council would recommend to the

Regional Administrator what acceptable

gear modifications should be

implemented as an experimental fishery

or other appropriate measures in the

closed areas.

Comment 5: NMFS should initiate

and/or finance the development of gear

modifications.

Response: The financing of gear

development is being considered by

NMFS. Presently, no funds are

earmarked for this purpose.

Classification

Because prior notice and opportunity

for comment are not required for this

regulation by 5 U.S.C. 553 or by any

other law, under 5 U.S.C. 603 and 604,

preparation of an initial or final

regulatory flexibility analysis is not

required by the Regulatory Flexibility

Act and none has been prepared.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

The Assistant Administrator for

Fisheries, NOAA (AA) finds there is

good cause to waive prior notice and

opportunity for public comment under

5 U.S.C. 553(b)(B) of the Administrative

Procedure Act (APA). Public meetings

held by the Council to discuss the

management measures implemented by

this rule provided adequate prior notice

and an opportunity for public comment

to be heard and considered. The AA

finds that under 5 U.S.C. 553(d), the

need to have this regulation in place by

April 1, 1997, is good cause to waive the

30-day delay in effectiveness of this

regulation. Delay of implementation of

this regulation beyond April 1, 1997,

would likely jeopardize the continued

existence of northern right whales.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: March 26, 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.
15428 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

2. Section 648.14(a)(89) is revised to

read as follows:

§ 648.14 Prohibitions.

(a) * * *

(89) Fail to remove, use, set, haul

back, fish with, or possess on board a

vessel, unless stowed in accordance

with § 648.81(e)(4), sink gillnet gear and

other gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets (as described in

§ 648.81(f)(2)(ii)), in the areas and for

the times specified in § 648.87 (a) and

(b), except as provided in

§§ 648.81(f)(2)(ii) and 648.87 (a) and (b),

or unless otherwise authorized in

writing by the Regional Director.

* * * * *

3. Section 648.87 is amended by

revising the section heading and

paragraph (a) and paragraph (b) to read

as follows:

§ 648.87 Gillnet requirements to reduce or

prevent marine mammal takes.

(a) Areas closed to gillnet gear

capable of catching multispecies to

reduce harbor porpoise takes. Sections

648.81 (f) through (h) set forth closed

area restrictions to reduce the take of

harbor porpoise consistent with the

harbor porpoise mortality reduction

goals. Further, all persons owning or

operating vessels in the EEZ portion of

the areas and times specified in

paragraphs (a) (1) and (2) of this section

must remove all of their sink gillnet gear

and other gillnet gear capable of

catching multispecies, with the

exception of single pelagic gillnets (as

described in § 648.81(f)(2)(ii)), and may

not use, set, haul back, fish with, or

possess on board, unless stowed in

accordance with the requirements of

§ 648.81(e)(4), sink gillnet gear or other

gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnet gear (as described

in § 648.81(f)(2)(ii)) in the EEZ portion

of the areas and for the times specified

in paragraphs (a) (1) and (2) of this

section. Also, all persons owning or

operating vessels issued a limited access

multispecies permit must remove all of

their sink gillnet gear and other gillnet

gear capable of catching multispecies,

with the exception of single pelagic

gillnets (as described in

§ 648.81(f)(2)(ii)), from the areas and for

the times specified in paragraphs (a) (1)

and (2) of this section, and, may not use,

set, haul back, fish with, or possess on

board, unless stowed in accordance

with the requirements of § 648.81(e)(4),

sink gillnets or other gillnet gear capable

of catching multispecies, with the

exception of single pelagic gillnets (as

described in § 648.81(f)(2)(ii)) in the

areas and for the times specified in

paragraphs (a) (1) and (2) of this section.

(1) Mid-coast Closure Area. (i) From

March 25 through April 25 and from

September 15 through December 31 of

each fishing year, the restrictions and

requirements specified in paragraph (a)

of this section apply to the Mid-coast

Closure Area, as defined under

§ 648.81(g)(1), except as provided in

paragraph (a)(1)(ii) of this section.

(ii) Vessels subject to the restrictions

and regulations specified in paragraph

(a) of this section may fish in the Midcoast Closure Area, as defined under

§ 648.81(g)(1), from November 1 through

December 31 of each fishing year,

provided that an acoustic deterrent

device (‘‘pinger’’) is attached at the end

of each string of nets and at the bridle

of every net within a string of nets, and

is maintained as operational and

functioning. Each pinger, when

immersed in water, must broadcast a

10kHz +/¥2kHz sound at 132 dB +/

¥4dB re 1 micropascal at 1 m. This

sound must last 300 milliseconds and

repeat every 4 seconds.

(2) Cape Cod South Closure Area.

From March 1 through March 30 of each

fishing year, the restrictions and

requirements specified in paragraph (a)

of this section apply to the Cape Cod

South Closure Area (copies of a chart

depicting this area are available from

the Regional Director upon request),

which is the area bounded by straight

lines connecting the following points in

the order stated.

CAPE COD SOUTH CLOSURE AREA

Point N. Latitude W. Longitude

CCS1 ...... (1) ........................... 71°45′ W

CCS2 ...... 40°40′ N ................. 71°45′ W

CCS3 ...... 40°40′ N ................. 70°30′ W

CCS4 ...... (2) ........................... 70°30′ W

1 RI Shoreline.

2 MA Shoreline.

(b) Areas closed to gillnet gear

capable of catching multispecies to

prevent right whale takes. All persons

owning or operating vessels must

remove all of their sink gillnet gear and

gillnet gear capable of catching

multispecies, with the exception of

single pelagic gillnets (as described in

§ 648.81(f)(2)(ii)), from the EEZ portion

of the areas and for the times specified

in (b) (1) and (2) of this section, and may

not use, set, haul back, fish with, or

possess on board, unless stowed in

accordance with the requirements of

§ 648.81(e)(4), sink gillnet gear or gillnet

gear capable of catching multispecies,

with the exception of single pelagic

gillnet gear (as described in

§ 648.81(f)(2)(ii)) in the EEZ portion of

the areas and for the times specified in

paragraphs (b) (1) and (2) of this section.

(1) Cape Cod Bay Critical Habitat

Closure Area. From March 27, 1997

through May 15, 1997 and from January

1 through May 15 of each subsequent

year, the restrictions and requirements

specified in paragraph (b) of this section

apply to the Cape Cod Bay Critical

Habitat Closure Area (copies of a chart

depicting this area are available from

the Regional Director upon request),

which is the area bounded by straight

lines connecting the following points in

the order stated.

CAPE COD BAY CRITICAL HABITAT

CLOSURE AREA

Point N. Latitude W. Longitude

CCB1 .... 42°12′ N ............... 70°30′ W

CCB2 .... 42°12′ N ............... 70°15′ W

CCB3 .... 42°08′ N ............... 70°12.4′ W

Then westerly along the 3 NM state

boundary to

CCB4 .... 42°08′ N ............... 70°30′ W

Then due north to CCB1.

(2) Great South Channel Critical

Habitat Closure Area. From April 1

through June 30 of each year, the

restrictions and requirements specified

in paragraph (b) of this section apply to

the Great South Channel Critical Habitat

Closure Area (copies of a chart depicting

this area are available from the Regional

Director upon request), which is the

area bounded by straight lines

connecting the following points in the

order stated.

GREAT SOUTH CHANNEL CRITICAL

HABITAT CLOSURE AREA

Point N. Latitude W. Longitude

GSC1 .... 41°02.2′ N ............ 69°02′ W

GSC2 .... 41°43.5′ N ............ 69°36.3′ W

GSC3 .... 42°10′ N ............... 68°31′ W

GSC4 .... 41°38′ N ............... 68°13′ W

* * * * *

[FR Doc. 97–8234 Filed 3–27–97; 4:41 pm]

BILLING CODE 3510–22–P