Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32143

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. 571.210 is amended by revising

sections S4.2.1 and S4.2.2 to read as

follows:

§ 571.210 Standard No. 210, Seat Belt

Assembly Anchorages.

* * * * *

S4.2.1 Except as provided in S4.2.5,

and except for side-facing seats, the

anchorages, attachment hardware, and

attachment bolts for any of the following

seat belt assemblies shall withstand a

5,000 pound force when tested in

accordance with S5.1 of this standard:

(a) Type 1 seat belt assembly; and

(b) Lap belt portion of either a Type

2 or automatic seat belt assembly, if

such seat belt assembly is equipped

with a detachable upper torso belt.

S4.2.2 Except as provided in S4.2.5,

and except for side facing seats, the

anchorages, attachment hardware, and

attachment bolts for any of the following

seat belt assemblies shall withstand a

3,000 pound force applied to the lap

belt portion of the seat belt assembly

simultaneously with a 3,000 pound

force applied to the shoulder belt

portion of the seat belt assembly, when

tested in accordance with S5.2 of this

standard:

(a) Type 2 and automatic seat belt

assemblies that are installed to comply

with Standard No. 208 (49 CFR

571.208); and

(b) Type 2 and automatic seat belt

assemblies that are installed at a seating

position required to have a Type 1 or

Type 2 seat belt assembly by Standard

No. 208 (49 CFR 571.208).

* * * * *

Issued on June 4, 1998.

Ricardo Martinez,

Administrator.

[FR Doc. 98–15558 Filed 6–11–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 980529141–8141–01; I.D.

052198A]

RIN 0648–AL34

Fisheries of the Northeastern United

States; Final Rule for the Loligo Squid/

Butterfish, Scup, Black Sea Bass, and

Illex Squid Fisheries; Moratorium

Vessel Permit Eligibility

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

amend the regulations implementing

Amendment 5 to the Fishery

Management Plan (FMP) for the Atlantic

mackerel, squid, and butterfish fisheries

(Amendment 5), and Amendments 8

and 9 to the FMP for the summer

flounder, scup, and black sea bass

fisheries (Amendments 8 and 9). The

purpose of this final rule is to comply

with the intent of Amendments 5, 8, and

9 regarding the application restrictions

for initial moratorium permits.

DATES: Effective June 9, 1998.

FOR FURTHER INFORMATION CONTACT: Tom

Warren, Fishery Management Specialist,

(978) 281–9347.

SUPPLEMENTARY INFORMATION: The final

rule that implemented the commercial

vessel moratorium for the Loligo squid/

butterfish fishery in Amendment 5 was

published on April 2, 1996 (61 FR

14465). The measures implementing the

Illex squid moratorium were revised and

approved in resubmitted Amendment 5

on May 27, 1997 (62 FR 28638). The

final rules that implemented

Amendments 8 and 9 were published on

August 23, 1996 (61 FR 43420), and

November 15, 1996 (61 FR 58461),

respectively and established moratoria

on entry into the scup and black sea

bass fisheries, respectively.

Application restrictions for

moratorium vessel permits were

specified for each of these fisheries. The

regulations implementing Amendments

5, 8, and 9 specified that no one may

apply for an initial commercial

moratorium permit 12 months after the

effective date of the final rule

implementing each amendment. The

application deadlines as specified in the

final rule of each amendment are: Loligo

squid/butterfish, May 2, 1997; scup,

September 23, 1997; black sea bass,

December 15, 1997; and Illex squid,

June 26, 1998.

The intent of the regulations was to

provide 12 months of opportunity for

vessel owners to apply for initial

moratorium permits. However, logistical

problems developed in coordinating the

availability of the initial application

forms with the effective dates of the

final regulations. As a consequence,

notification to potential applicants of

the application requirements, including

the deadlines, was delayed. Since forms

were not available for vessel owners to

apply for a moratorium fishery, the

actual time frame in which they could

apply was truncated. As a result,

applicants for the Loligo squid/

butterfish fishery received 8 months to

apply; scup applicants received 11

months; and black sea bass applicants

received 8 months. The intent of the

regulations to provide 12 months in

which to apply was thus not fulfilled.

By reopening the permit application

period for these fisheries, NMFS is

providing additional time for applicants

to apply for initial moratorium permits,

as was originally intended.

Since the application periods for

these three fisheries have expired, they

must be reopened. Reopening the

application periods for initial

moratorium permits for the Loligo

squid/butterfish, scup, and black sea

bass fisheries for the period from June

9, 1998, through August 31, 1998, will

result in additional opportunity, though

not continuous, for applicants to apply

for an initial moratorium permit.

Therefore, the intent of this rule is to

allow a more equitable opportunity to

apply for these moratorium permits.

This final rule also adjusts the

deadline for submittal of applications

for the Illex squid moratorium permit so

that it coincides with the August 31,

1998, deadline implemented by this

final rule for Loligo squid/butterfish,

scup, and black sea bass. Revising the

date of the application deadline for the

Illex squid moratorium permit (August

31, 1998) will result in a uniform

deadline and reduce confusion in the

industry.

Classification

Pursuant to authority at 5 U.S.C.

553(b)(B), the Assistant Administrator,

NMFS, finds good cause to waive the

requirement to provide prior notice and

opportunity for public comment for this

rule as such procedures are unnecessary

and contrary to the public interest. A

proposed rule informing the public of

the application limitation for these

fisheries was previously published for

the original application deadlines. An

additional comment period is

unnecessary and will protract the

permitting process for these fisheries

without any concomitant benefit. The

rule operates to relieve an unintended

restriction and to avoid confusion in the

industry by providing a uniform

extension of the permit application

deadline and the shortest hiatus in the

permitting process. Because this rule

relieves a restriction under 5 U.S.C.

553(d)(1), it is not subject to a 30-day

delay in effective date.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.
32144 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

This rule has been determined to be

not significant under E.O. 12866.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: June 8, 1998.

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

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. Section 648.4 is amended by

revising paragraphs (a)(5)(i)(B)(1),

(a)(5)(ii)(B)(1), (a)(6)(i)(B)(1), and

(a)(7)(i)(B)(1) to read as follows:

§ 648.4 Vessel and individual commercial

permits.

(a) * * *

(5) * * *

(i) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

(ii) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

(6) * * *

(i) * * *

(B) * * *

(1) No one may apply for an initial

scup moratorium permit after August

31, 1998.

* * * * *

(7) * * *

(i) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

[FR Doc. 98–15725 Filed 6–9–98; 3:10 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980212037–8142–02; I.D.

012798A]

RIN 0648-AJ87

Fisheries of the Exclusive Economic

Zone Off Alaska; Halibut Donation

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations to

implement Amendment 50 to the

Fishery Management Plan for

Groundfish of the Gulf of Alaska and

Amendment 50 to the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMPs). This rule

authorizes the distribution of Pacific

halibut taken as bycatch in the specified

groundfish trawl fisheries off Alaska to

economically disadvantaged individuals

through tax-exempt organizations

selected by NMFS to be authorized

distributors. This rule is applicable only

until December 31, 2000, so that

management agencies may assess the

program prior to determining whether

or not to continue it under a future

regulatory amendment. This action is

necessary to promote the goals and

objectives of the FMPs. The intended

effect of this action is to reduce the

amount of regulatory discards in the

groundfish fisheries by processing dead

halibut for human consumption.

DATES: Effective July 13, 1998.

ADDRESSES: Copies of Amendments 50/

50 and the Environmental Assessment/

Regulatory Impact Review (EA/RIR)

prepared for this action are available

from the Sustainable Fisheries Division,

Alaska Region, NMFS, P.O. Box 21668,

Juneau AK 99802, Attn: Lori J. Gravel,

or by calling the Alaska Region, NMFS,

at 907–586–7228. Send comments

regarding burden estimates or any other

aspect of data requirements, including

suggestions for reducing burdens to

NMFS and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, DC 20503, Attn: NOAA

Desk Officer.

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone off Alaska are

managed by NMFS under the FMPs. The

FMPs were prepared by the North

Pacific Fishery Management Council

(Council) under the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act).

Regulations governing the Alaska

groundfish fisheries appear at 50 CFR

parts 600 and 679. Fishing for Pacific

halibut in waters in and off Alaska is

governed by the Convention between

the United States and Canada for the

Preservation of the Halibut Fishery of

the North Pacific Ocean and Bering Sea

(Convention) and by regulations

adopted by the International Pacific

Halibut Commission (IPHC) and

approved by the Secretary of State of the

United States pursuant to section 4 of

the Northern Pacific Halibut Act (16

U.S.C. 773–773k). Regulations of the

IPHC are published as annual

management measures in the Federal

Register each year pursuant to

regulations at 50 CFR 300.62.

A Notice of Availability of

Amendments 50/50 was published in

the Federal Register on February 4,

1998 (63 FR 5777), with comments

invited through April 6, 1998. A

proposed rule to implement

Amendments 50/50 was published in

the Federal Register on March 4, 1998

(63 FR 10583), with comments invited

through April 20, 1998. Four comments

were received, and they are summarized

and responded to in the Comments and

Responses section. No changes were

made from the proposed rule to the final

rule.

The regulations implementing

Amendments 50/50 expand the existing

Salmon Donation Program by creating a

Prohibited Species Donation (PSD)

program that includes Pacific halibut as

well as salmon. The regulations

authorize the voluntary distribution of

halibut taken as bycatch in the

groundfish trawl fishery to needy

individuals by tax-exempt organizations

through a NMFS-authorized distributor.

The program is limited to dead

halibut landed by trawl catcher vessels

to shoreside processors. Many of the

halibut taken in the groundfish fishery

are discarded alive. However, dead

halibut are sometimes landed shoreside

by trawl catcher vessels because at-sea

sorting of catch is not practicable. This

action will not have any impact on the

halibut resource because the groundfish

fisheries operate with a halibut

prohibited species catch limit that

requires closure of a fishery when that

limit has been reached.

The regulations implementing

Amendments 50/50 are applicable until

December 31, 2000. This sunset

provision was advocated by the Council

and the IPHC so that management

agencies could assess the effectiveness

of the halibut donation program, relative

to the program’s objectives, before the

Council took action to extend the

program beyond the year 2000 by

regulatory amendment.

Additional information on this action

is contained in the preamble to the

proposed rule and in the EA/RIR (see

ADDRESSES). Upon reviewing

Amendments 50/50, the Administrator,

Alaska Region, NMFS has determined

that Amendments 50/50 are necessary

for the conservation and management of