20162 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Proposed Rules

owners the necessary flexibility in those areas that are unable to meet the CFF purchase requirements cited in the

CAA.

Administrative Requirements

A. Administrative Designation

Under Executive Order 12866, (58 FR

51735 (October 4, 1993)), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to Office of Management and

Budget (OMB) review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency;

(3) Materially alter the budget impact

of entitlement, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, EPA believes that this

proposed action is not a significant

regulatory action and therefore not

subject to OMB review. Approvals of

SIP submittals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. This

proposed action simply revises

regulations governing the requirements

states’ CFFP SIP submissions must

meet. It serves to delay states’ required

implementation of CFFP purchase

requirements. Therefore, it has been

determined that this proposal does not

constitute a ‘‘major’’ regulation.

B. Reporting and Recordkeeping

Requirement

There are no information

requirements in this proposed rule

which require the approval of the Office

of Management and Budget under the

Paperwork Reduction Act 44 U.S.C.

3501 et seq.

C. Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

proposed rule would not have a

significant impact on a substantial

number of small entities. This is based

on the fact that this proposed action

would not impose any new

requirements, but simply would delay

the applicable start date of the CFFP

purchase requirements that must be

included in certain state’s SIPs,

pursuant to the CAA. Thus, the impact

created by the proposed action would

not increase the preexisting burden of

the existing rules which this proposal

seeks to amend. Therefore, this

proposed action would not have a

significant economic impact on a

substantial number of small entities.

D. Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

where the estimated costs to State, local,

or tribal governments, or to the private

sector, will be $100 million or more.

Under section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objective of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly impacted by the rule. To

the extent that the rules being proposed

in this action would impose any

mandate at all as defined in section 101

of the Unfunded Mandates Act upon the

state, local, or tribal governments, or the

private sector, as explained above, this

proposal is not estimated to impose

costs in excess of $100 million. EPA has

determined that today’s proposed action

would simply delay the purchase

requirements under state CFFPs and

would not impose additional costs or

regulatory burdens. In fact, the one-year

delay of implementation of the purchase

requirements is expected to reduce costs

of compliance and ease regulatory

burdens.

List of Subjects in 40 CFR Part 88

Environmental protection, Labeling,

Motor vehicle pollution, Reporting and

recordkeeping requirements.

Dated: April 3, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–10152 Filed 4–22–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 654

[I.D.041698G]

RIN 0648–AK48

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Stone

Crab Fishery of the Gulf of Mexico;

Amendment 6

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of an

amendment to a fishery management

plan; request for comments.

SUMMARY: NMFS announces that the

Gulf of Mexico Fishery Management

Council (Council) has submitted

Amendment 6 to the Fishery

Management Plan for the Stone Crab

Fishery of the Gulf of Mexico (FMP) for

review, approval, and implementation

by NMFS. Amendment 6 would extend,

for up to 4 years, the existing temporary

moratorium on the Federal registration

of stone crab vessels. Written comments

are requested from the public.

DATES: Written comments must be

received on or before June 22, 1998.

ADDRESSES: Comments must be mailed

to the Southeast Regional Office, NMFS,

9721 Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of Amendment 6,

which includes a regulatory impact

review and an environmental

assessment, should be sent to the Gulf

of Mexico Fishery Management Council,

3018 U.S. Highway 301 North, Suite

1000, Tampa, FL 33619–2266; Phone:

813–228–2815; Fax: 813-225–7015.

FOR FURTHER INFORMATION CONTACT:

Michael E. Justen, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

Magnuson-Stevens Fishery
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 / Proposed Rules 20163

Conservation and Management Act

(Magnuson-Stevens Act) requires each

Regional Fishery Management Council

to submit any fishery management plan

or amendment to NMFS for review and

approval, disapproval, or partial

approval. The Magnuson-Stevens Act

also requires that NMFS, upon receiving

an amendment, immediately publish a

document in the Federal Register

stating that the amendment is available

for public review and comment.

Amendment 6 would continue, for up

to 4 years, the FMP’s temporary

moratorium on the Federal registration

of stone crab vessels by the Regional

Administrator, Southeast Region,

NMFS. This Federal moratorium would

end no later than June 30, 2002.

Amendment 5, implemented on April

14, 1995 (60 FR 13918), placed a 3-year

moratorium (April 15, 1995 - June 30,

1998) on the Federal registration of

stone crab vessels. The Council

recommended, and NMFS approved and

implemented, the Federal moratorium

because the Florida Legislature passed a

moratorium on the issuance of state

permits, effective July 1, 1995, while the

Florida Marine Fisheries Commission

(FMFC), in cooperation with the stone

crab industry, considered development

of a limited access system. Without the

Federal moratorium, fishermen could

have circumvented the state

moratorium.

The Council recommended

Amendment 6 to extend the Federal

moratorium on vessel registration for up

to 4 years (i.e., up to June 30, 2002)

because it is concerned that legislative

action by Florida to create a limited

access system may be delayed beyond

June 30, 1998.

If the Federal moratorium expires on

June 30, 1998, anyone could apply to

NMFS for vessel registration.

Substantial entry into the stone crab

fishery would adversely affect current

participants in the fishery by reducing

their respective shares of the harvest.

The fishery is already overcapitalized

both in gear deployed, with

approximately 798,000 traps deployed

in 1995–96, and in the number of

permitted vessels. As of July 1, 1995,

there were 6,501 commercial permits

issued. Only 1,556 permit holders,

however, had stone crab landings, and

70 percent of them, or 1,102 permittees,

had annual landings of 500 lb (225 kg)

or less. Landings have not increased

significantly since 1982–83, when

approximately 350,000 traps were

deployed. Catch-per-unit-of-effort has

declined significantly since then.

In cooperation with the stone crab

industry, FMFC proposed to the Florida

Legislature a limited access program

that contains provisions for a license

limitation system that would exclude

permit holders with no record of

landings during recent years. The

Florida Legislature is expected to pass

this limited access program in 1999

with the state law to become effective

July 1, 1999. The Council will then

submit a regulatory amendment to

extend the license limitation program to

Federal waters off Florida’s Gulf coast,

including Monroe County.

A proposed rule to implement

Amendment 6 has been received from

the Council. In accordance with the

Magnuson-Stevens Act, NMFS is

evaluating the proposed rule to

determine whether it is consistent with

Amendment 6, the Magnuson-Stevens

Act, and other applicable law. If that

determination is affirmative, NMFS will

publish it in the Federal Register for

public review and comment.

Comments received by June 22, 1998,

whether specifically directed to the

amendment or the proposed rule, will

be considered by NMFS in its decision

to approve, disapprove, or partially

approve Amendment 6. Comments

received after that date will not be

considered by NMFS in this decision.

All comments received by NMFS on

Amendment 6 or on the proposed rule

during their respective comment

periods will be addressed in the final

rule.

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

Dated: April 17, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–10871 Filed 4–22–98; 8:45 am]

BILLING CODE 3510–22–F