Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations 24751

will not have a significant economic

impact on a substantial number of small

business entities because the

requirements of the rule are being

stayed for continuous web cleaning

machines.

E. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

the EPA generally must prepare a

written statement, including a costbenefit analysis, for proposed and final

rules with ‘‘Federal mandates’’ that may

result in expenditures by State, local,

and tribal governments, in aggregate, or

by the private sector, of $100 million or

more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires the EPA

to identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective, or least burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows the EPA to

adopt an alternative other than the least

costly, most cost-effective, or least

burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before the EPA

establishes any regulatory requirements

that may significantly or uniquely affect

small governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this rule

does not contain a Federal mandate that

may result in expenditures of $100

million or more for State, local, and

tribal governments, in the aggregate, or

the private sector in any one year. Thus,

today’s rule is not subject to the

requirements of sections 202 and 205 of

the UMRA. In addition, the EPA has

determined that this rule contains no

regulatory requirements that might

significantly or uniquely affect small

governments because it contains no

requirements that apply to such

governments or impose obligations

upon them. Therefore, today’s rule is

not subject to the requirements of

section 203 of the UMRA.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: April 27, 1998.

Carol M. Browner,

Administrator.

Title 40 chapter I of the Code of

Federal Regulations is amended as

follows:

PART 63—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR SOURCE

CATEGORIES

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart T—[Amended]

2. Section 63.461 is amended by

adding in alphabetical order the

definition for ‘‘continuous web cleaning

machine’’ and by revising the definition

for ‘‘part’’ to read as follows:

§ 63.461 Definitions.

* * * * *

Continuous web cleaning machine

means a solvent cleaning machine in

which parts such as film, coils, wire,

and metal strips are cleaned at speeds

in excess of 11 feet per minute. Parts are

generally uncoiled, cleaned such that

the same part is simultaneously entering

and exiting the solvent cleaning

machine, and then recoiled or cut.

* * * * *

Part means any object that is cleaned

in a solvent cleaning machine. Parts

include, but are not limited to, discrete

parts, assemblies, sets of parts, and parts

cleaned in a continuous web cleaning

machine (i.e., continuous sheets of

metal, film).

* * * * *

3. Section 63.470 is added to Subpart

T to read as follows:

§ 63.470 Stay of effective date.

Notwithstanding any other provision

of this subpart, the effectiveness of

§§ 63.460 thru 63.469 of subpart T is

stayed until August 3, 1998 as applied

to continuous web cleaning machines

using halogenated HAP solvents.

[FR Doc. 98–11753 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 980225048–8099–03; I.D.

021898B]

RIN 0648–AK58

Pacific Halibut Fisheries; Retention of

Undersized Halibut in Regulatory Area

4E

AGENCY: National Marine Fisheries

Service (NMFS); National Oceanic and

Atmospheric Administration (NOAA);

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule that

would allow the retention of halibut less

than 32 inches (81.3 cm) with the head

on, or less than 24 inches (61 cm) with

the head off (undersized halibut) caught

with setline gear in International Pacific

Halibut Commission (IPHC) Regulatory

Area 4E for personal use. Commercial

sale of undersized halibut would remain

prohibited. This action is necessary to

implement the recommendation of the

North Pacific Fishery Management

Council (Council) to allow the legal

harvest of undersized halibut by persons

using Community Development Quota

(CDQ) in Regulatory Area 4E. This

action is intended to provide for the

continued existence of the customary

and traditional food practices of

indigenous inhabitants by allowing

them to retain all halibut caught with

setline gear in Regulatory Area 4E.

DATES: This final rule is effective June

4, 1998.

ADDRESSES: The final Environmental

Assessment/Regulatory Impact Review

(EA/RIR) prepared for this action may

be obtained from the Sustainable

Fisheries Division, Alaska Region,

NMFS, 709 West 9th Street, Room 453,

Juneau, AK 99801, or P.O. Box 21668,

Juneau, AK 99802, Attention: Lori J.

Gravel.

FOR FURTHER INFORMATION CONTACT: John

Lepore, 907–586–7228

SUPPLEMENTARY INFORMATION: The

Northern Pacific Halibut Act (Halibut

Act, 16 U.S.C. 773–773k), in section 5,

provides that the Regional Fishery

Management Council having authority

for the geographical area concerned may

recommend management measures

governing Pacific halibut catch in U.S.

Convention waters that are in addition

to, but not in conflict with, regulations

of the IPHC. The IPHC is the body

authorized by the Convention between

the United States and Canada for the
24752 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 /Rules and Regulations

Preservation of the Halibut Fishery of

the North Pacific Ocean and the Bering

Sea (Convention) to promulgate

regulations for the conservation and

management of the Pacific halibut

fishery. Section 5 of the Halibut Act also

provides that the Secretary of Commerce

(Secretary) shall have the general

responsibility for carrying out the

Convention, and that the Secretary shall

adopt such regulations as may be

necessary to carry out the purposes and

objectives of the Convention and the

Halibut Act. The Secretary’s authority

has been delegated to the Assistant

Administrator for Fisheries, NOAA

(AA).

In 1996, the Council was requested by

Alaska Native tribal organizations to

review the prohibition on retaining

undersized halibut caught with

authorized commercial gear. This

request was made on behalf of Alaska

Native fishermen of Yupik descent who

were retaining undersized halibut

harvested along with CDQ halibut of

commercial length in Regulatory Area

4E. Traditionally, fishermen of Yupik

descent have kept all fish caught and

have endeavored to utilize that fish to

the fullest extent possible. This practice

is in keeping with traditional Yupik

belief that a fish, as well as the stock of

fish to which a captured fish is

returned, is irreparably harmed by its

capture and release.

In June 1997, the Council

recommended that regulations be

developed that would allow the

retention of undersized halibut caught

with authorized commercial gear in

Regulatory Area 4E for personal use.

The IPHC, at its annual meeting during

the week of January 26, 1998, relaxed its

existing regulation on the minimum size

retention limit to allow CDQ fishermen

in Regulatory Area 4E to land

undersized halibut caught with

authorized commercial gear for personal

use. NMFS published a proposed rule

consistent with the IPHC regulation on

March 9, 1998 (63 FR 11401), that

would revise its current fishing

regulations to allow the retention of

undersized halibut caught with

authorized commercial gear in

Regulatory Area 4E for personal use.

The public comment period for this

proposed rule ended on March 24, 1998.

No public comments were received

concerning this action.

This final rule revises regulations that

were in conflict with the customary and

traditional fishing practices of the

fishermen of Yupik descent. Three

changes are made to the final rule to

make it consistent with the IPHC annual

management measures, published on

March 17, 1998 (63 FR 13000). These

changes are not considered substantive

in nature. First, the term ‘‘setline’’ is

added to the final rule. This term is

added to confirm that undersized

halibut could be retained while

commercial fishing with setline gear,

the only gear that is authorized for

commercial fishing. Second, the final

rule is made effective only through

December 31, 1999, because the IPHC

anticipates that a comprehensive

solution to the subsistence issue for the

halibut fishery will be developed by that

date. Finally, minor editorial changes

are made to the final rule to make it

conform more closely to the text of the

IPHC annual management measures.

Classification

The Council prepared an EA/RIR for

this action that describes the

management background, the purpose

and need for action, the management

action alternatives, and the

environmental and the socio-economic

impacts of the alternatives. The AA has

concluded that this action is not likely

to significantly affect the quality of the

human environment, or expected to

have significant impacts on endangered

or threatened species, or marine

mammals. A copy of the EA/RIR can be

obtained from NMFS (see ADDRESSES).

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities. No comments

were received regarding this

certification. As a result, a regulatory

flexibility analysis was not prepared.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

List of Subjects in 50 CFR Part 300

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: April 29, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set out in the preamble,

50 CFR part 300 is amended to read as

follows:

PART 300—INTERNATIONAL

FISHERIES REGULATIONS

1. The authority citation for 50 CFR

part 300, subpart E continues to read as

follows:

Authority: 16 U.S.C. 773–773k.

2. In § 300.63, paragraph (c) is added

to read as follows:

§ 300.63 Catch sharing plans and

domestic management measures.

* * * * *

(c) (Applicable through December 31,

1999). A person may retain halibut

taken with setline gear in Area 4E that

are smaller than the size limit specified

in the annual management measures

published pursuant to § 300.62,

provided that no person may sell or

barter such halibut.

[FR Doc. 98–11894 Filed 5–4–98; 8:45 am]

BILLING CODE 3510–22–F