26840 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations

SUMMARY: Pursuant to its authority, the

Commission is exempting from

regulation the transportation by rail of

iron and steel scrap (STCC No. 40–211)

and steel shipping containers (STCC No.

34–912). These commodities are added

to the list of exempt commodities, as set

forth below.

EFFECTIVE DATE: June 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5610. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: On August

24, 1994, at 59 FR 43528, we requested

comments on a proposal by the

Association of American Railroads

(AAR) and the Institute of Scrap

Recycling Industries, Inc. (ISRI)

(collectively, petitioners), to exempt

from regulation under 49 U.S.C. 10505

the rail transportation of certain ferrous

recyclables. After receiving and

analyzing the comments filed in this

proceeding, we now partially approve

petitioners’ proposal. We exempt iron

and steel scrap (STCC No. 40–211) and

steel shipping containers (STCC No. 34–

912) from regulation, but decline at this

time to exempt blast furnace, open

hearth, rolling mill, or coke oven

products, NEC (STCC No. 33–119).

We reaffirm our initial finding that

the exemption will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

We also reaffirm our initial finding

that the exemption will not have a

significant economic impact on a

substantial number of small entities.

For further information, see the

Commission’s printed decision. To

obtain a copy of the full decision, write

to, call, or pick up in person from:

Dynamic Concepts, Inc., Interstate

Commerce Commission Building, 1201

Constitution Avenue, NW., Room 2229,

Washington, DC 20423. Telephone (202)

289–4357/4359. [Assistance for the

hearing impaired is available through

TDD services (202) 927–5721.]

List of Subjects in 49 CFR Part 1039

Intermodal transportation,

Manufactured commodities, Railroads.

Decided: April 28, 1995.

By the Commission, Chairman Morgan,

Vice Chairman Owen, and Commissioners

Simmons and McDonald.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, title 49, chapter X, part 1039

of the Code of Federal Regulations is

amended as follows:

PART 1039—EXEMPTIONS

1. The authority citation for part 1039

continues to read as follows:

Authority: 49 U.S.C. 10321 and 10505; and

5 U.S.C. 553.

2. In § 1039.11, paragraph (a), the

following new entries are added at the

end of the table to read as follows:

§ 1039.11 Miscellaneous commodities

exemptions.

(a) * * *

STCC

No. STCC tariff Commodity

* * * * *

34 912 6001–W, eff.

1–1–95..

Steel shipping

containers.

40 211 ......do .............. Iron and steel

scrap.

* * * * *

[FR Doc. 95–12338 Filed 5–18–95; 8:45 am]

BILLING CODE 7035–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 950106003–5070–02; I.D.

051595G]

Pacific Halibut Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason action; vessel

clearance procedures.

SUMMARY: The Assistant Administrator

for Fisheries, NOAA, on behalf of the

International Pacific Halibut

Commission (IPHC), publishes this

inseason action pursuant to IPHC

regulations approved by the U.S.

Government to govern the Pacific

halibut fishery. This action is intended

to enhance the conservation of the

Pacific halibut stock in order to help

sustain it at an adequate level in the

northern Pacific Ocean and Bering Sea.

EFFECTIVE DATE: March 15, 1995,

through December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Stephen Pennoyer, 907–586–7221;

William W. Stelle, Jr., 206–526–6140; or

Donald McCaughran, 206–634–1838.

SUPPLEMENTARY INFORMATION: The IPHC,

under the Convention between the

United States of America and Canada

for the preservation of the Halibut

Fishery of the Northern Pacific Ocean

and Bering Sea (signed at Ottawa,

Ontario, on March 2, 1953), as amended

by a Protocol Amending the Convention

(signed at Washington, DC, on March 29

1979), has issued this inseason action

pursuant to IPHC regulations governing

the Pacific halibut fishery. The

regulations have been approved by

NMFS (60 FR 14651, March 20, 1995).

On behalf of the IPHC, this inseason

action is published in the Federal

Register to provide additional notice of

its effectiveness, and to inform persons

subject to the inseason action of the

restrictions and requirements

established therein.

Inseason Action

1995 Bering Sea Halibut Vessel

Clearance Procedures

All halibut vessels fishing in Area 4A

must obtain a vessel clearance from a

designated fish processor either in

Akutan or Dutch Harbor both prior to

fishing, and prior to unloading.

All halibut vessels fishing in Area 4B

must obtain a vessel clearance from

Atka Pride Seafoods in Nazan Bay on

Atka Island, both prior to fishing and

prior to unloading and/or departure

from Area 4B. The vessel operator must

obtain the clearance required prior to

fishing, in person. The clearance

required after fishing may be obtained

in person, or via VHF radio (call on VHF

channel 6) as long as the person

granting the clearance can visually

confirm the identity of the vessel.

Vessels that fish only in Area 4B and

land their entire annual halibut catch at

a port within Area 4B are exempt from

the vessel clearance requirements.

All halibut vessels fishing in Area 4C

and 4D must obtain a vessel clearance

prior to fishing from a designated fish

processor in either Akutan or Dutch

Harbor. The vessel clearance required

prior to unloading must be obtained at

St. George or St. Paul, either in person,

or via VHF radio as long as the person

granting the clearance can visually

confirm the identity of the vessel.

Clearance at St. George can be obtained

from the harbor master (call on VHF

channel 16). Clearance at St. Paul can be

obtained from either Trident Seafoods

(call on VHF channel 73) or from Unisea

(call on VHF channel 74). Vessels that

only fish in Area 4C and land their total

annual halibut catch at a port within

Area 4C are exempt from the vessel

clearance requirements. Vessels that fish

only in Area 4D and 4E, and land their

total annual halibut catch at a port

within Areas 4D, 4E, or the Bering Sea

closed area, are also exempt from the

vessel clearance requirements.
Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Rules and Regulations 26841

Vessel clearances can only be

obtained between 0600 hours and 1800

hours, local time. No halibut may be on

board the vessel at the time of obtaining

the clearance required prior to fishing in

Area 4.

The clearance form for all vessel

clearances obtained in person must be

signed by the vessel operator. The

clearance form for all vessel clearances

obtained by VHF radio must be signed

by the issuing officer.

Dated: May 15, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–12387 Filed 5–18–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 651

[Docket No. 950410096–5135–02; I.D.

050595B]

RIN 0648–AH66

Northeast Multispecies Fishery;

Exemption Supplement to Framework

9

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

modify the regulations implementing

the Northeast Multispecies Fishery

Management Plan (FMP). This rule

allows a small mesh fishery exemption

within specific areas and during specific

times in the Gulf of Maine/Georges Bank

(GOM/GB) Small Mesh Exemption Area

and the retention and landing of skate

by vessels fishing in the New York and

Connecticut State Waters Winter

Flounder Small Mesh Exemption

Program. The Acting Director, Northeast

Region, NMFS (Regional Director), has

determined that these fisheries meet the

exemption qualification requirements

specified in § 651.20 (a)(7) and (c)(5).

This rule also makes two corrections to

the multispecies regulations.

EFFECTIVE DATE: May 15, 1995.

ADDRESSES: Copies of Amendment 5 to

the FMP, its regulatory impact review

(RIR) and the initial regulatory

flexibility analysis contained within the

RIR, its final supplemental

environmental impact statement, and

Framework Adjustment 9 and its

supporting analyses are available upon

request from Douglas G. Marshall,

Executive Director, New England

Fishery Management Council, 5

Broadway, Saugus, MA 01906–1097.

FOR FURTHER INFORMATION CONTACT:

Susan A. Murphy, NMFS, Fishery

Policy Analyst, 508–281–9252.

SUPPLEMENTARY INFORMATION: NMFS

implemented an emergency interim rule

on December 12, 1994 (59 FR 63926), to

implement immediate protective

measures to reduce fishing effort on

groundfish stocks, primarily cod,

haddock, and yellowtail flounder, while

a more comprehensive plan amendment

(Amendment 7) designed to rebuild

these stocks is developed.

On the recommendation of the New

England Fishery Management Council

(Council), this emergency action was

extended, effective March 13, 1995,

through June 10, 1995 (60 FR 13078,

March 10, 1995). Because the

development and implementation of

proposed Amendment 7 is not expected

until 1996, the measures contained in

the emergency action, with some

modifications, were implemented on a

permanent basis in Framework

Adjustment 9 to the FMP (60 FR 19364,

April 18, 1995). The framework action,

effective April 13, 1995, superseded the

emergency action. Additional measures

in Framework 9, which required

approval by the Office of Management

and Budget under the Paperwork

Reduction Act, were made effective on

April 28, 1995 (60 FR 21994, May 4,

1995).

Under Framework Adjustment 9, any

fishery utilizing mesh smaller than the

regulated mesh size is disallowed,

except for fisheries that have been

determined to have a catch of less than

5 percent, by weight, of regulated

species. With the implementation of

Framework Adjustment 9, the Regional

Director determined that several species

met the 5 percent requirement and are,

therefore, currently allowed under

§ 651.20 (a)(3), (a)(4), (c)(3), and (d)(3).

Section 651.20 (a)(7), (c)(5), and (d)(4)

authorizes the Regional Director to add

or delete species exemptions in the

respective regulated mesh areas based

on the determination that the fishery in

which the species are caught meets the

5 percent criteria--after consideration of

the gear used, area where the fishery

occurs, and other relevant factors.

Recently, several small mesh exemption

proposals were submitted to the

Regional Director for consideration. Of

these requests, the Regional Director has

a reasonable basis to determine that a

seasonal small mesh fishery of specified

species in two of the small mesh

exemption areas proposed in the GOM/

GB regulated mesh area, and an

allowance for the take of one additional

species, skate, in New York and

Connecticut state waters in the State

Waters Winter Flounder Exemption

Program, will not exceed the 5 percent

bycatch allowance of regulated species.

When fishing in the two exempted

subareas within the GOM/GB regulated

mesh area with small mesh during the

respective time frames specified, vessels

may fish for the following exempted

species: Butterfish, dogfish, herring,

mackerel, ocean pout, scup, squid,

silver hake (whiting), and red hake.

Vessels fishing for the exempted species

identified above may also possess and

retain the following species as

incidental take, with the restrictions

noted: Longhorn sculpin, monkfish, and

monkfish parts up to 10 percent by

weight of all other species on board; and

American lobster up to 10 percent by

weight of all other species on board or

200 lobsters, whichever is less.

The fishing season is from July 15

through November 15 when fishing

under the exemption in Small Mesh

Area 1; and from January 1 though June

30 when fishing under the exemption in

Small Mesh Area 2. These dates were

selected based on the proposal request

and were justified by an analysis of sea

sampling data, commercial landings,

and research vessel survey data that

indicated the 5 percent criteria was met

concerning the level of bycatch.

This rule also allows the possession

and retention of skate as incidental take

when fishing in New York and

Connecticut state waters under the State

Waters Winter Flounder Exemption

Program.

Further, this rule makes a correction

by adding squid to the exempted species

list in the Mid-Atlantic region. Squid

had been determined to meet the 5

percent criteria and was included as an

exempted species with the

implementation of the emergency

interim rule (59 FR 63926, December 12,

1994), but had been inadvertently

omitted in a subsequent rulemaking.

This rule corrects this omission by

adding squid to this list under

§ 651.20(d)(3).

Finally, this rule corrects the

provisions exempting, under certain

conditions, purse seine and mid-water

trawl gear from the minimum mesh size

requirements as specified under

§ 651.20 (e) and (f), to allow this

exemption in all of the regulated mesh

areas, but to require letters of

authorization only in the GOM/GB and

Stellwagen Bank/Jeffreys Ledge (SB/JL)

regulated mesh area.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), finds there is

good cause to waive prior notice and

opportunity for comment under 5 U.S.C.