Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Proposed Rules 27623

Regulatory Flexibility Act

We have also considered the impacts

of this notice under the Regulatory

Flexibility Act. I certify that a final rule

based on this proposal will have no

significant economic impact on a

substantial number of small entities.

The following is my statement

providing the factual basis for the

certification (5 U.S.C. 605(b)). The

proposed amendments primarily affect

manufacturers of motor vehicles.

Manufacturers of motor vehicles are

generally not small businesses within

the meaning of the Regulatory

Flexibility Act.

The Small Business Administration’s

regulations define a small business in

part as a business entity ‘‘which

operates primarily within the United

States.’’ (13 CFR 121.105(a)) SBA’s size

standards are organized according to

Standard Industrial Classification Codes

(SIC), SIC Code 3711 ‘‘Motor Vehicles

and Passenger Car Bodies’’ has a small

business size standard of 1,000

employees or fewer.

For manufacturers of passenger cars

and light trucks, NHTSA estimates there

are at most five small manufacturers of

passenger cars in the U.S. Since each

manufacturer serves a niche market,

often specializing in replicas of

‘‘classic’’ cars, production for each

manufacturer is fewer than 100 cars per

year. Thus, there are at most 500 cars

manufactured per year by U.S. small

businesses.

In contrast, in 2001, there are

approximately nine large manufacturers

producing passenger cars, and light

trucks in the U.S. Total U.S.

manufacturing production per year is

approximately 15 to 15 and a half

million passenger cars and light trucks.

We do not believe small businesses

manufacture even 0.1 percent of total

U.S. passenger car and light truck

production per year.

Further, small organizations and

governmental jurisdictions would not be

significantly affected as the price of

motor vehicles ought not to change as

the result of this proposed rule. As

explained above, this action is limited

to the proposed adoption of a statutory

directive, and has been determined to be

not ‘‘significant’’ under the Department

of Transportation’s regulatory policies

and procedures.

Finally, this action would not affect

our civil penalty policy under the Small

Business Regulatory Enforcement

Fairness Act (62 FR 37115, July 10,

1997). We shall continue to consider the

appropriateness of the penalty to the

size of the business charged.

Paperwork Reduction Act

In accordance with the Paperwork

Reduction Act of 1980 (Pub. L. 96–511),

we state that there are no requirements

for information collection associated

with this rulemaking action.

National Environmental Policy Act

We have also analyzed this

rulemaking action under the National

Environmental Policy Act and

determined that it has no significant

impact on the human environment.

Executive Order 12612 (Federalism)

We have analyzed this proposed rule

in accordance with the principles and

criteria contained in Executive Order

12612, and have determined that it has

no significant federalism implications to

warrant the preparation of a Federalism

Assessment.

Civil Justice Reform

This proposed rule does not have a

retroactive or preemptive effect. Judicial

review of a rule based on this proposal

may be obtained pursuant to 5 U.S.C.

§ 702. That section does not require that

a petition for reconsideration be filed

prior to seeking judicial review.

Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) requires

agencies to prepare a written assessment

of the cost, benefits and other effects of

proposed or final rules that include a

Federal mandate likely to result in the

expenditure by State, local, or tribal

governments, in the aggregate, or by the

private sector, of more than $100

million annually. Because this rule will

not have a $100 million effect, no

Unfunded Mandates assessment will be

prepared.

List of Subjects in 49 CFR Part 578

Imports, Motor vehicle safety, Motor

vehicles, Rubber and Rubber Products,

Tires, Penalties.

1. The authority citation for 49 CFR

Part 578 would continue to read as

follows:

Authority: Pub. L. 101–410, Pub. L. 104–

134, 49 U.S.C. 30165, 30505, 32308, 32309,

32507, 32709, 32710, 32912, and 33115;

delegation of authority at 49 CFR 1.50.

2. Section 578.6 would be amended

by revising the last sentence of

paragraph (f)(1), the last sentence of

paragraph (g)(1), and paragraph (g)(2) to

read as follows:

PART 578—CIVIL AND CRIMINAL

PENALTIES

* * * * *

§ 578.6 Civil penalties for violations of

specified provisions of Title 49 of the United

States Code.

* * * * *

(f) Odometer tampering and

disclosure. (1) * * * The maximum

civil penalty under this paragraph for a

related series of violations is $120,000.

* * * * *

(g) Vehicle theft prevention. (1) * * *

The maximum penalty under this

paragraph for a related series of

violations is $300,000.

(2) A person that violates 49 U.S.C.

33114(a)(5) is liable to the United States

government for a civil penalty of not

more than $120,000 a day for each

violation.

* * * * *

Issued on: May 15, 2001.

Kenneth N. Weinstein,

Associate Administrator for Safety

Assurance.

[FR Doc. 01–12551 Filed 5–17–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 010419099–1099–01; I.D.

040201A]

RIN 0648–AP19

Fisheries off West Coast States and in

the Western Pacific; Western Pacific

Pelagic Fisheries; Hawaiian Islands;

Control Date

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking; consideration of a control

date; request for comments.

SUMMARY: This document announces

that persons who enter the offshore

pelagic handline fishery around the

Cross Seamount, four NOAA weather

buoys, and the ‘‘Bigeye Buoy’’ in the

U.S. exclusive economic zone (EEZ)

around Hawaii, after February 15, 2001

(control date), may not be assured of

continued participation in the fishery if,

in the future, the Western Pacific

Fishery Management Council (Council)

prepares, and NMFS approves, a

program limiting entry or effort. This

control date supersedes the previous

control date of July 2, 1992. This

document does not commit the Council

to limiting effort or preclude the

27624 Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Proposed Rules

Council from using any other date for

determining future participation in this

fishery. The Council may also use other

criteria to limit fishing effort or

participation in a limited entry program

if one is developed in the future.

DATES: Comments must be submitted by

July 2, 2001.

ADDRESSES: Submit written comments

to Dr. Charles Karnella, Administrator,

NMFS, Pacific Islands Area Office

(PIAO), 1601 Kapiolani Blvd., Suite

1110, Honolulu, HI 96814–4700; or fax

to 808–973–2941. Comments will not be

accepted if submitted via e-mail or the

Internet.

FOR FURTHER INFORMATION CONTACT:

Alvin Katekaru, PIAO, 808–973–2937.

SUPPLEMENTARY INFORMATION: At its

108th meeting, the Council established

February 15, 2001, as a new control date

for the offshore pelagic handline fishery

around the Hawaiian Islands. The

previously established control date (July

2, 1992) is more than 8 years old and

considered to be outdated (57 FR 36637,

August 14, 1992). The new control date,

which supersedes the old control date,

applies to the Cross Seamount, four

NOAA weather buoys, and one

University of Hawaii research buoy off

the Hawaiian Islands (‘‘Bigeye Buoy’’).

The precise areas of application would

be determined in a future rulemaking,

should the Council decide to proceed

with limiting entry or effort. This action

responds to concerns associated with

changes to the management program

governing the Hawaii-based pelagic

longline fishery, the participants of

which may switch to the offshore

pelagic handline fishery resulting in the

substantial and unregulated expansion

of the currently small fishery.

At present, the fishery consists of 15

to 20 Hawaii-based, small fishing

vessels (<50 ft or 15.2 m) employing

hook and line handline gear to target

bigeye and yellowfin tuna that are

seasonally abundant at the Cross

Seamount and four NOAA weather

buoys, located about 160 nautical miles

from the islands of Hawaii. A fifth buoy,

the ‘‘Bigeye Buoy’’ was placed in the

same vicinity approximately 2 years ago

by University of Hawaii fishery

researchers studying bigeye habitat.

This buoy has also been found to

aggregate fish and has been utilized by

Hawaii-based pelagic handline vessels.

The vessels in this fishery primarily

operate from the island of Hawaii,

although one or two are based on the

island of Oahu.

The Council believes that there is a

risk of speculative entry into the fishery

while the potential benefits and costs of

limited entry alternatives and the

development of a regulatory amendment

to address a substantially expanded

fishery are being evaluated. The control

date is designed to discourage

speculative entry during this period of

analysis, as well as to provide

notification to new participants that

their access may be restricted in the

future. The control date does not

commit the Council or NMFS to any

particular management regime or

criteria for entry into the offshore

pelagic handline fishery. Fishermen are

not guaranteed future participation in

this fishery, regardless of their level of

participation before or after the control

date. The Council may choose a

different control date or it may choose

a management regime that does not

involve a control date. Other criteria,

such as documentation of commercial

landings and sales, may be used to

determine eligibility for participation in

the fishery. The Council may also

choose to take no further action to

control entry or access to the fishery.

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

Dated: May 13, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–12605 Filed 5–17–01; 8:45 am]

BILLING CODE 3510–22–S