38498 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: July 8,1998.

Stephen L. Johnson,

Deputy Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180— [AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. Section 180.1200 is added to

subpart D to read as follows:

§ 180.1200 Pseudomonas fluorescens

strain PRA-25; temporary exemption from

the requirement of a tolerance.

A temporary exemption from the

requirement of a tolerance is established

for residues of the microbial pesticide,

pseudomonas fluorescens strain PRA-25

when used on peas, snap beans and

sweet corn and will expire July 31,

2001.

[FR Doc. 98–18986 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 282

[FRL–6118–1]

Underground Storage Tank Program:

Approved State Program for Nevada

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Resource Conservation

and Recovery Act of 1976, as amended

(RCRA), authorizes the Environmental

Protection Agency (EPA) to grant

approval to states to operate their

underground storage tank programs in

lieu of the federal program. 40 CFR part

282 codifies EPA’s decision to approve

state programs and incorporates by

reference those provisions of the state

statutes and regulations that will be

subject to EPA’s inspection and

enforcement authorities under sections

9005 and 9006 of RCRA Subtitle I and

other applicable statutory and

regulatory provisions (42 U.S.C. 6991d

and 6991e). This rule codifies in part

282 the prior approval of Nevada’s

underground storage tank program and

incorporates by reference appropriate

provisions of state statutes and

regulations.

DATES: The regulation is effective

September 15, 1998, unless EPA

publishes a prior Federal Register

document withdrawing this immediate

final rule. All comments on the

codification of Nevada’s underground

storage tank program must be received

by the close of business on August 17,

1998. The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register, as of September

15, 1998, in accordance with 5 U.S.C.

552 (a).

ADDRESSES: Comments may be mailed to

the U.S. EPA Office of Underground

Storage Tanks (WST–8), Waste

Management Division, U.S. EPA Region

9, 75 Hawthorne Street, San Francisco,

California, 94105–3901. Comments

received by EPA may be inspected in

the public docket, located in the Office

of Underground Storage Tanks, at the

above address, from 9 a.m. to 4 p.m.,

Monday through Friday, excluding

federal holidays.

Copies of Nevada’s underground

storage tank program may be obtained

from the Nevada State Office Library,

Board Room, 100 Stewart Street, Carson

City, Nevada, 89710; the U.S. EPA

Region 9 Library, 13th Floor, 75

Hawthorne Street, San Francisco,

California, 94105–3901; and the U.S.

EPA Underground Storage Tank docket

office and the U.S. EPA Office of

Underground Storage Tanks, both

located at 401 M. Street SW,

Washington, D.C., 20460.

FOR FURTHER INFORMATION CONTACT: John

Thayer, Nevada Program Manager,

Office of Underground Storage Tanks

(WST–8), U.S.EPA Region 9, 75

Hawthorne Street, San Francisco,

California 94105–3901, Phone: (415)

744–2092.

SUPPLEMENTARY INFORMATION:

Background

Section 9004 of the Resource

Conservation and Recovery Act of 1976,

as amended, (RCRA), 42 U.S.C. 6991c,

allows the U.S. Environmental

Protection Agency (EPA) to approve

state underground storage tank

programs to operate in the state in lieu

of the federal underground storage tank

program. On December 24, 1992, EPA

published a Federal Register notice

announcing its tentative decision to

grant approval to Nevada. (See 57 FR

248,61376, December 24, 1992.)

Approval was effective on March 30,

1993.

EPA codifies its approval of state

programs in Part 282 of Title 40, Code

of Federal Regulations (CFR) and

incorporates by reference therein the

state statutes and regulations that will

be subject to EPA’s inspection and

enforcement authorities under sections

9005 and 9006 of Subtitle I of RCRA, 42

U.S.C. 6991d and 6991e, and other

applicable statutory and regulatory

provisions. Today’s rulemaking codifies

EPA’s approval of the Nevada

underground storage tank program. This

codification reflects the state program in

effect at the time EPA granted Nevada

approval under section 9004(a), 42

U.S.C. 6991c(a) for its underground

storage tank program. Notice and

opportunity for comment were provided

earlier on the Agency’s decision to

approve the Nevada program, and EPA

is not now reopening that decision nor

requesting comment on it.

This effort provides clear notice to the

public of the scope of the approved

program in each state. By codifying the

approved Nevada program and by

amending the Code of Federal

Regulations whenever a new or different

set of requirements is approved in

Nevada, the status of federally approved

requirements of the Nevada program

will be readily discernible. Only those

provisions of the Nevada underground

storage tank program for which approval

has been granted by EPA will be

incorporated by reference for

enforcement purposes.

To codify EPA’s approval of Nevada’s

underground storage tank program, EPA

has added section 282.78 to Title 40 of

the Code of Federal Regulation. Section

282.78 incorporates by reference for

enforcement purposes the state’s

statutes and regulations. Section 282.78

also references the Attorney General’s

Statement, Demonstration of Adequate

Enforcement Procedures, the Program

Description, and the Memorandum of

Agreement, which are approved as part

of the underground storage tank

program under subtitle I of RCRA.

The Agency retains the authority

under sections 9005 and 9006 of

Subtitle I of RCRA, 42 U.S.C. 6991d and

6991e, and other applicable statutory

and regulatory provisions to undertake

inspections and enforcement actions in

approved states. With respect to such an

enforcement action, the Agency will

rely on federal sanctions, federal
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38499

inspection authorities, and federal

procedures, rather than the state

authorized analogues to these

provisions. Therefore, the approved

Nevada enforcement authorities will not

be incorporated by reference. Section

282.78 lists those approved Nevada

authorities that would fall into this

category.

The public also needs to be aware that

some provisions of the State’s

underground storage tank program are

not part of the federally approved state

program. These non-approved

provisions are not part of the RCRA

Subtitle I program because they are

‘‘broader in scope’’ than Subtitle I of

RCRA. (See 40 CFR 281.12(a)(3)(ii).) As

a result, state provisions, which are

‘‘broader in scope’’ than the federal

program, are not incorporated by

reference for purposes of enforcement in

part 282. Section 282.78 of the

codification simply lists for reference

and clarity the Nevada statutory and

regulatory provisions, which are

‘‘broader in scope’’ than the federal

program and which are not, therefore,

part of the approved program being

codified today. ‘‘Broader in scope’’

provisions cannot be enforced by EPA;

the state, however, will continue to

enforce such provisions.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

federal agencies to assess the effects of

certain regulatory actions on state, local,

and tribal governments and the private

sector. Under sections 202 and 205 of

the UMRA, EPA generally must prepare

a written statement of economic and

regulatory alternatives analyses for

proposed and final rules with federal

mandates, as defined by the UMRA, that

may result in expenditures to state,

local, and tribal governments, or to the

private sector, of $100 million or more

in the aggregate in any one year. The

section 202 and 205 requirements do

not apply to today’s action, because it is

not a ‘‘federal mandate’’ and because it

does not impose annual costs of $100

million or more.

Today’s rule contains no federal

mandates for state, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any state, local or

tribal governments or the private sector,

because it merely makes federally

enforceable existing requirements with

which regulated entities must already

comply under state law. Second, the Act

also generally excludes from the

definition of a ‘‘federal mandate’’ duties

that arise from participation in a

voluntary federal program. The

requirements being codified today are

the result of Nevada’s voluntary

participation in accordance with RCRA

Subtitle I.

Even if today’s rule did contain a

federal mandate, this rule will not result

in annual expenditures of $100 million

or more in the aggregate for state, local,

and/or tribal governments, or the private

sector, because today’s action merely

codifies an existing state program that

EPA previously approved. Thus, today’s

rule is not subject to the requirements

of sections 202 and 205 of the UMRA.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may own and/or operate

USTs, this codification incorporates into

the Code of Federal Regulations

Nevada’s requirements which have

already been approved by EPA under 40

CFR Part 281 and, thus, small

governments are not subject to any

additional significant or unique

requirements by virtue of this

codification.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

codification will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which own and/or operate USTs

are already subject to the state

requirements authorized by EPA under

40 CFR Part 281. EPA’s codification

does not impose any additional burdens

on these small entities. This is because

EPA’s codification would simply result

in an administrative change, rather than

a change in the substantive

requirements imposed on small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 U.S.C. 605(b), I hereby certify that

this codification will not have a

significant economic impact on a

substantial number of small entities.

This codification incorporates Nevada’s

requirements, which have been

approved by EPA under 40 CFR Part

281, into the Code of Federal

Regulations. It does not impose any new

burdens on small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each house of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives and

the Comptroller General of the United

States prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Compliance With Executive Order

13045

Executive Order 13045 applies to any

rule that the Office of Management and

Budget determines is ‘‘economically

significant’’ as defined under Executive

Order 12866, and that EPA determines

that the environmental health or safety

risk addressed by the rule has a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The Agency has determined that the

final rule is not a covered regulatory

action as defined in the Executive Order

because it is not economically

significant and does not address

environmental health and safety risks.

As such, the final rule is not subject to

the requirements of Executive Order

13045.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

44 U.S.C. 3501 et seq., federal agencies

must consider the paperwork burden

imposed by any information request

contained in a proposed or final rule.

This rule will not impose any

information requirements upon the

regulated community.
38500 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

List of Subjects In 40 CFR Part 282

Environmental protection, Hazardous

substances, Incorporation by reference,

Intergovernmental relations, State

program approval, Underground storage

tanks, Water pollution control.

Dated: May 25, 1998.

Felicia Marcus,

Regional Administrator, Region 9.

For the reasons set forth in the

preamble, 40 CFR Part 282 is amended

as follows:

PART 282—APPROVED

UNDERGROUND STORAGE TANK

PROGRAMS

1. The authority citation for part 282

continues to read as follows:

Authority: 42 U.S.C. 6912, 6991(c),

6991(d), and 6991(e).

Subpart B—Approved State Programs

2. Subpart B is amended by adding

§ 282.78 to read as follows:

§ 282.78 Nevada State—Administered

Program.

(a) The State of Nevada is approved to

administer and enforce an underground

storage tank program in lieu of the

federal program under Subtitle I of the

Resource Conservation and Recovery

Act of 1976 (RCRA), as amended, 42

U.S.C. 6991 et seq. The state’s program,

as administered by the Nevada Division

of Environmental Protection was

approved by EPA pursuant to 42 U.S.C.

6991c and part 281 of this chapter. EPA

approved the Nevada program on

December 24, 1992 and it was effective

March 30, 1993.

(b) Nevada has primary responsibility

for enforcing its underground storage

tank program. However, EPA retains the

authority to exercise its inspection and

enforcement authorities under sections

9005 and 9006 of Subtitle I of RCRA, 42

U.S.C. 6991d and 6991e, as well as

under other statutory and regulatory

provisions.

(c) To retain program approval,

Nevada must revise its approved

program to adopt new changes to the

federal Subtitle I program, which makes

it more stringent in accordance with

section 9004 of RCRA, 42 U.S.C. 6991c,

and 40 CFR part 281, subpart E. If

Nevada obtains approval for the revised

requirements pursuant to section 9004

of RCRA, 42 U.S.C. 6991c, the newly

approved statutory and regulatory

provisions will be added to this subpart

and notice of any change will be

published in the Federal Register.

(d) Nevada has final approval for the

following elements submitted to EPA in

Nevada’s program application for final

approval and approved by EPA on

December 24, 1992. Copies may be

obtained from the Nevada State Office

Library, Board Room, 100 Stewart

Street, Carson City, Nevada 89710.

(1) State statutes and regulations. (i)

The provisions cited in this paragraph

are incorporated by reference as part of

the underground storage tank program

under Subtitle I of RCRA, 42. U.S.C.

6991 et seq.

(A) Nevada Statutory Requirements

Applicable to the Underground Storage

Tank Program, 1992.

(B) Nevada Regulatory Requirements

Applicable to the Underground Storage

Tank Program, 1992.

(ii) The following statutes and

regulations are part of the approved

state program, although not

incorporated by reference herein for

enforcement purposes.

(A) The statutory provisions include:

Nevada Revised Statutes 459

Underground Storage Tank Program

(1992) Sections 459.826, 459.830,

459.832, 459.834, 459.844, 459.846,

459.848, 459.850, 459.852, 459.854, and

459.856.

(B) The regulatory provisions include:

none.

(iii) The following statutory and

regulatory provisions are broader in

scope than the federal program, are not

part of the approved program, and are

not incorporated by reference herein for

enforcement purposes: none.

(2) Statement of legal authority. (i)

‘‘Attorney General’s Statement of Final

Approval,’’ signed by the Attorney

General of Nevada on December 1, 1992,

though not incorporated by reference, is

referenced as part of the approved

underground storage tank program

under Subtitle I of RCRA, 42 U.S.C.

6991 et seq.

(ii) Letter from the Attorney General

of Nevada to EPA, dated December 1,

1992, though not incorporated by

reference, is referenced as part of the

approved underground storage tank

program under Subtitle I of RCRA, 42

U.S.C. 6991 et seq.

(3) Demonstration of procedures for

adequate enforcement. The

‘‘Demonstration of Procedures for

Adequate Enforcement’’ submitted as

part of the original application of

October 1, 1992, though not

incorporated by reference, is referenced

as part of the approved underground

storage tank program under Subtitle I of

RCRA, 42 U.S.C. 6991 et seq.

(4) Program description. The program

description and any other material

submitted as part of the original

application in October 1992, though not

incorporated by reference, are

referenced as part of the approved

underground storage tank program

under Subtitle I of RCRA, 42 U.S.C.

6991 et seq.

(5) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region 9 and the Nevada Division

of Environmental Protection, signed by

the EPA Regional Administrator on

December 17, 1992, though not

incorporated by reference, is referenced

as part of the approved underground

storage tank program under Subtitle I of

RCRA, 42 U.S.C. 6991 et seq.

3. Appendix A to Part 282 is amended

by adding in alphabetical order

‘‘Nevada’’ and its listing.

Appendix A to Part 282—State

Requirements Incorporated by Reference in

Part 282 of the Code of Federal Regulations

* * * * *

Nevada

(a) The statutory provisions include:

(1) Nevada Revised Statute Chapter 459,

Underground Storage Tank Program (1992),

Nevada Revised Statue 590, Petroleum Fund

(1991).

(2) Nevada Revised Statute Chapter 459,

Underground Storage Tank Program (1992):

Section 459.810 ‘‘Operator’’ defined.

Section 459.814 ‘‘Person’’ defined.

Section 459.816 ‘‘Regulated Substance’’

defined.

Section 459.818 ‘‘Release’’ defined.

Section 459.820 ‘‘Storage Tanks’’ defined.

Section 459.822 Department designated as

state agency for regulation of storage

tanks.

Section 459.828 Owner or operator of

storage tank to provide department with

certain information.

Section 459.838 Fund for the management

of storage tanks: Creation: Sources:

Claims.

Section 459.840 Fund for the management

of storage tanks: Use; reimbursement;

recovery by attorney general.

(3) Nevada Revised Statue 590, Petroleum

Fund (1991):

Section 590.700 Definitions.

Section 590.710 ‘‘Board’’ defined.

Section 590.720 ‘‘Department’’ defined.

Section 590.725 ‘‘Diesel fuel of grade

number 1’’ defined.

Section 590.726 ‘‘Diesel fuel of grade

number 2’’ defined.

Section 590.730 ‘‘Discharge’’ defined.

Section 590.740 ‘‘Division’’ defined.

Section 590.750 ‘‘Fund’’ defined.

Section 590.760 ‘‘Heating oil’’ defined.

Section 590.765 ‘‘Motor vehicle fuel’’

defined.

Section 590.770 ‘‘Operator’’ defined.

Section 590.780 ‘‘Person’’ defined.

Section 590.790 ‘‘Petroleum’’ defined.

Section 590.800 ‘‘Storage tank’’ defined.

Section 590.810 Legislative findings.

Section 590.820 Board to review claims:

Creation; members; chairman;

administrative Assistance; compensation

of members.

Section 590.830 Fund for cleaning up

discharges of petroleum: Creation;
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38501

administration by division; claims;

interest.

Section 590.840 Collection of fee for

certain fuels and heating coil; exempt

products; payment of expenses of

department.

Section 590.850 Registration of storage

tanks: Collection of annual fee; exempt

tanks; liability for noncompliance.

Section 590.860 Balance in fund to

determine collection of fees by

department.

Section 590.870 Report of discharge from

tank required; division to clean up

discharge; expectation; test of tank

required for coverage.

Section 590.880 Allocation of costs

resulting from discharge from certain

storage tanks for heating oil.

Section 590.890 Allocation of costs

resulting from discharge from other

storage tanks.

Section 590.900 Liability for costs to clean

up discharge caused by willful or

wanton misconduct, gross negligence or

violation of statute or regulation.

Section 590.910 Pro rata reduction

required, if balance in fund insufficient

for full payment.

Section 590.920 Tanks exempted from

provisions of Sections 590.850 to

590.910 inclusive; optional coverage of

exempted tank.

(4) Nevada Civil Procedure, Rule 24 (1971):

Nevada Civil Procedure, Rule 24 .

(b) The regulatory provisions includes:

(1) Nevada Administrative Code 459, UST

Program (1990):

Section 459.9929 ‘‘Storage Tank’’ defined.

Section 459.993 Compliance with federal

regulations.

Section 459.995 Financial responsibility of

owners and operators.

Section 459.996 Releases: Reporting.

(2) Nevada Administrative Code 590,

Petroleum Fund (1991):

Section 590.720 Adoption by reference of

provisions of Code of Federal

Regulations.

(3) Nevada Administrative Code,

Reportable Quantities (1989):

Section 445.240 Notice required.

[FR Doc. 98–19133 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980402084–8166–02; I.D.

032398B]

RIN 0648–AJ51

Fisheries of the Exclusive Economic

Zone Off Alaska; Scallop Fishery off

Alaska; Amendment 3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement Amendment 3 to the Fishery

Management Plan for the Scallop

Fishery off Alaska (FMP), which

delegates to the State of Alaska (State)

the authority to manage all aspects of

the scallop fishery, except limited

access. This final rule repeals all

Federal regulations governing the

scallop fishery off Alaska, except for the

scallop vessel moratorium program.

This action is necessary to eliminate

duplicative regulations and

management programs at the State and

Federal levels and is intended to further

the goals and objectives of the FMP.

DATES: Effective July 14, 1998.

ADDRESSES: Copies of Amendment 3

and the Environmental Assessment/

Regulatory Impact Review (EA/RIR)

prepared for Amendment 3 are available

from the NMFS Alaska Region, P.O. Box

21668, Juneau, AK 99802, Attn: Lori J.

Gravel, or by calling the Alaska Region,

NMFS, at 907–586–7228.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228 or

kent.lind@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS and

the State of Alaska manage the scallop

fishery off Alaska pursuant to the FMP.

The North Pacific Fishery Management

Council (Council) prepared the FMP

pursuant to the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act). Federal

regulations governing the scallop fishery

appear at 50 CFR parts 600 and 679.

State regulations governing the scallop

fishery appear in the Alaska

Administrative Code (AAC) at 5 AAC

Chapter 38--Miscellaneous Shellfish.

The Council submitted Amendment 3

for Secretarial review on March 26,

1998, and a Notice of Availability of the

amendment was published March 31,

1998 (63 FR 15376), with comments on

the FMP amendment invited through

June 1, 1998. NMFS published a

proposed rule to implement

Amendment 3 on April 16, 1998 (63 FR

18863), with comments on the proposed

rule invited until June 1. No comments

were received on the FMP amendment

or the proposed rule by the end of the

comment periods.

Based on a review of the FMP

amendment, proposed rule, EA/RIR, and

applicable State laws, the

Administrator, Alaska Region, NMFS,

determined that Amendment 3 is

necessary for the conservation and

management of the scallop fishery off

Alaska and that it is consistent with the

Magnuson-Stevens Act and other

applicable laws.

Management Background and Need for

Action

The history of the scallop fishery off

Alaska and the events leading up to the

development of the joint State-Federal

management regime under Amendment

1 to the FMP are discussed in detail in

the proposed rule (63 FR 18863, April

16, 1998) and in the EA/RIR prepared

for this action (see ADDRESSES).

Amendment 1 established a joint StateFederal management regime under

which NMFS implemented Federal

scallop regulations that duplicate most

State scallop regulations, including

definitions of scallop registration areas

and districts, scallop fishing seasons,

closed waters, gear restrictions,

efficiency limits, crab bycatch limits,

scallop catch limits, inseason

adjustments, and observer coverage

requirements. This joint State-Federal

management regime was designed as a

temporary measure to prevent

unregulated fishing in Federal waters

until changes in the Magnuson-Stevens

Act would enable the Council to

delegate management of the fishery to

the State.

While the joint State-Federal

management regime established under

Amendment 1 has enabled NMFS to

reopen the Exclusive Economic Zone to

fishing for scallops, it has proven to be

cumbersome in practice. Every

management action, including inseason

openings and closures, must be

coordinated so that State and Federal

actions are simultaneously effective.

NMFS must draft and publish in the

Federal Register inseason actions that

duplicate every State inseason scallop

action. State scallop managers are now

constrained in their ability to

implement management decisions

rapidly because they must coordinate

each action with NMFS and provide

sufficient lead-time for publication of

the action in the Federal Register.

The only purpose of maintaining

duplicate regulations at the State and

Federal level is to prevent unregulated

fishing by vessels not registered under

the laws of the State. The State-Federal

management regime established under

Amendment 1 is no longer necessary to

prevent unregulated fishing for scallops

in Federal waters because the

Sustainable Fisheries Act of 1996,

which amended the Magnuson-Stevens

Act, now provides authority for the

Council to delegate to the State

management responsibility for the

scallop fishery in Federal waters off

Alaska. The statutory requirements for

delegation of fisheries management