Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51679 

(c) * * * 

* * * * * 

(7) * * * 

(iv) Targets located on any hand grip 

or vertical stanchion bar. 

(v) All of S6 of 571.201 in any case 

in which the disability necessitates 

raising the roof or door, or lowering the 

floor of the vehicle. 

* * * * * 

(14) S4.1.5(a)(1), S4.1.5.1(a)(3), 

S4.2.6.2, S5, S7.1, S7.2, S7.4, S14, S15, 

S16, S17, S18, S19, S20, S21, S22, S23, 

S24, S25, S26 and S27 of 49 CFR 

571.208 for the designated seating 

position modified, provided Type 2 or 

Type 2A seat belts meeting the 

requirements of 49 CFR 571.209 and 

571.210 are installed at that position. 

* * * * * 

(16) 49 CFR 571.225 in any case in 

which an existing child restraint 

anchorage system, or built-in child 

restraint system relied upon for 

compliance with 571.225 must be 

removed to accommodate a person with 

a disability, provided the vehicle 

contains at least one tether anchorage 

which complies with 49 CFR 571.225 

S6, S7 and S8 in one of the rear 

passenger designated seating positions. 

If no rear designated seating position 

exists after the vehicle modification, a 

tether anchorage complying with the 

requirements described above must be 

located at a front passenger seat. Any 

tether anchorage attached to a seat that 

is relocated shall continue to comply 

with the requirements of 49 CFR 

571.225 S6, S7 and S8. 

* * * * * 

Issued on: August 25, 2005. 

Jeffrey W. Runge, 

Administrator. 

[FR Doc. 05–17244 Filed 8–30–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1540 

RIN 1652–ZA05 

Prohibited Items; Allowing Scissors for 

Ostomates 

AGENCY: Transportation Security 

Administration (TSA), DHS. 

ACTION: Interpretive rule. 

SUMMARY: This document amends the 

Transportation Security 

Administration’s (TSA) interpretive rule 

that provides guidance to the public on 

the types of property that TSA considers 

weapons, explosives, and incendiaries 

prohibited in airport sterile areas, in the 

cabins of aircraft, or in passengers’

checked baggage. This document also 

amends TSA’s guidance on the types of 

items permitted in sterile areas, the 

cabins of aircraft, and in passengers’

checked baggage. This document adds 

as permitted items certain small scissors 

that persons with ostomies need. 

DATES: Effective August 29, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Cammoroto, Office of the Chief 

Operating Officer, TSA–18, 

Transportation Security Administration, 

601 South 12th Street, Arlington, VA 

22202–4220; telephone (571) 227–1823. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

You can get an electronic copy using 

the Internet by—

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.access.gpo.gov/su_docs/aces/ 

aces140.html; or 

(3) Visiting TSA’s Law and Policy 

Web page at http://www.tsa.gov and 

accessing the link for ‘‘Law and Policy’’

at the top of the page. 

In addition, copies are available by 

writing or calling the individual in the 

FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

Statutory and Regulatory Background 

TSA is an agency in the Department 

of Homeland Security (DHS), operating 

under the direction of the Assistant 

Secretary for Homeland Security 

(Transportation Security 

Administration). TSA is responsible for 

security in all modes of transportation, 

including aviation. See 49 U.S.C. 114(d). 

Under TSA’s regulation on acceptance 

and screening of individuals and 

accessible property, 49 CFR 1540.111, 

an individual (other than a law 

enforcement or other authorized 

individual)—

‘‘* * * may not have a weapon, explosive, 

or incendiary, on or about the individual’s 

person or accessible property—

(1) When performance has begun of the 

inspection of the individual’s person or 

accessible property before entering a sterile 

area, or before boarding an aircraft for which 

screening is conducted under § 1544.201 or 

§ 1546.201 of this chapter; 

(2) When the individual is entering or in 

a sterile area; or 

(3) When the individual is attempting to 

board or onboard an aircraft for which 

screening is conducted under § 1544.201 or 

§ 1546.201 of this chapter.’’

On February 14, 2003, TSA published 

an interpretive rule that provided 

guidance to the public on the types of 

property TSA considers to be weapons, 

explosives, and incendiaries prohibited 

on an individual’s person or accessible 

property, items permitted on an 

individual’s person or accessible 

property, and items prohibited in 

checked baggage (68 FR 7444). On 

March 3, 2003, TSA subsequently 

published technical corrections to the 

interpretive rule at 68 FR 9902. 

On December 17, 2004, the President 

signed into law the Intelligence Reform 

and Terrorism Prevention Act of 2004 

(IRTPA) (Pub. L. 108–458). Section 4025 

of IRTPA in part requires TSA to add 

butane lighters to its list of prohibited 

items and to make any other 

modifications to the prohibited items 

list that TSA considers appropriate. 

Accordingly, on March 1, 2005, TSA 

published an amendment to the 

interpretive rule (70 FR 9877) adding all 

lighters to the list of prohibited items. 

TSA now is modifying the interpretive 

rule to provide an exception for certain 

scissors used by ostomates. 

Small Ostomy Scissors Are Now 

Permitted 

Under the interpretive rule, TSA 

presently considers all metal scissors 

with pointed tips to be weapons. 

Therefore, individuals are prohibited 

from carrying these types of scissors in 

an airport sterile area or in the cabin of 

an aircraft. Metal scissors with blunt 

tips and plastic scissors are permitted. 

TSA is modifying the interpretive rule 

to exempt from the prohibited items list 

ostomy scissors. An ostomate is a 

person who has undergone a surgical 

procedure known as ostomy, which 

involves creating an opening in the 

person’s abdomen. The opening is 

called a stoma. Human waste passes 

through the stoma into a collection 

pouch. An ostomy appliance consists of 

a positioning plate (or wafer or flange) 

that attaches to the collection pouch 

surrounding the stoma. Because no two 

stomas are alike, few ostomates can use 

manufactured pre-cut wafers. The 

ostomate, by using a chart provided 

with the collection pouch, must use 

pointed scissors to cut out the 

appropriate size of the cut-to-fit 

positioning plate. Round or dull scissors 

will not easily penetrate or cut through 

the positioning plate’s heavy rubber or 

neoprene material. The adhesive 

backing that attaches the plate to the 

skin around the stoma increases the 

solidity of the material. 

The collection pouch must be 

changed, and the stoma cleaned, each 

time the pouch fills up. The schedule 

51680 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

for changing collection pouches varies 

for each person, from every 3 to 24 

hours. If the collection pouch is not 

emptied when it fills, and the stoma 

cleaned thoroughly and timely, the 

accumulation of waste can lead to 

infection. 

There are estimated to be 750,000 

ostomates in the United States. While 

there are no statistics on the number of 

ostomates who use air transportation, it 

is likely that a large proportion of these 

individuals currently are unable to 

travel by air because they cannot carry 

scissors needed to care for their 

condition. TSA has heard from 

individuals with ostomies that they 

avoid air travel in part because they 

cannot have the scissors they need. 

Allowing this limited exception to 

TSA’s prohibition on metal pointed 

scissors removes a significant barrier to 

ostomates traveling by air without 

weakening aviation security. There have 

been a number of enhancements to civil 

aviation security since TSA first 

assumed responsibility for security 

screening. These improvements include 

improved screening procedures and 

equipment as well as better and more 

thorough training for security screeners. 

As mandated by the Federal Aviation 

Administration, domestic and foreign 

air carriers serving the United States 

have installed hardened cockpit doors 

on aircraft in order to protect and secure 

the flight deck. The Bureau of 

Immigration and Customs Enforcement 

has greatly increased the deployment of 

Federal Air Marshals to detect, deter, 

and defeat hostile acts onboard flights. 

Under the Federal Flight Deck Officer 

Program (FFDO) there are an increasing 

number of volunteer pilots who are 

trained and equipped to defend the 

flight decks of passenger aircraft against 

acts of criminal violence and air piracy. 

Based on these and other improvements 

to civil aviation security, TSA has 

determined that measures are in place to 

mitigate any threat posed by the limited 

number of scissors that may be carried 

aboard aircraft by ostomates. 

This action is consistent with other 

exceptions TSA has created to address 

medical needs in other situations, such 

as the exception for syringes, jet 

injectors, lancets, and needles used by 

individuals in the treatment of diabetes. 

In recognition of the special needs of 

ostomates and in light of the additional 

security measures now in place, TSA is 

creating an exception to the prohibition 

against carrying metal pointed scissors. 

In general, metal scissors with pointed 

tips will continue to be prohibited. 

However, TSA will no longer prohibit 

ostomy scissors with pointed tips with 

an overall length, including blades and 

handle, of four inches or less, when 

accompanied by an ostomate supply kit 

containing related supplies, such as 

collection pouches, wafers, positioning 

plates, tubing, or adhesives. 

Other Technical Changes 

TSA also is making three technical 

changes to the interpretive rule. First, 

we are removing section III.5 (now 

section III. E.), because it duplicates 

section III.1 (now section III A.). 

Second, we are amending section 

II.B(2), which makes clear that toy 

Transformer(TM) robots are permitted. 

The amendment broadens the current 

category to cover similar toys and adds 

a trademark designation. Finally, we are 

adjusting the format of section III in 

order to make it consistent with the 

other sections. 

Regulatory Impact Analyses 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866, Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993), directs each Federal 

agency to propose or adopt a regulation 

only upon a reasoned determination 

that the benefits of the intended 

regulation justify its costs. Second, the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires agencies 

to analyze the economic impact of 

regulatory changes on small entities. 

Third, the Office of Management and 

Budget directs agencies to assess the 

effect of regulatory changes on 

international trade. Fourth, the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1531–1538) requires agencies 

to prepare a written assessment of the 

costs, 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 $100 million or more 

annually (adjusted for inflation). 

Executive Order 12866 Assessment 

This rule explains to the public, 

airport personnel, screeners, and 

airlines how TSA interprets certain 

terms used in an existing rule, 49 CFR 

1540.111. This interpretative rule is not 

considered an economically significant 

regulatory action for purposes of 

Executive Order 12866. However, there 

has been significant public interest in 

aviation security issues since the 

terrorist attacks of September 11, 2001. 

Therefore, this rule is significant for 

purposes of Executive Order 12866 and 

has been reviewed by the Office of 

Management and Budget (OMB). 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act (RFA) 

of 1980 requires that agencies perform a 

review to determine whether a proposed 

or final rule will have a significant 

economic impact on a substantial 

number of small entities. If the 

determination is that it will, the agency 

must prepare a regulatory flexibility 

analysis as described in the RFA. For 

purposes of the RFA, small entities 

include small businesses, not-for-profit 

organizations, and small governmental 

jurisdictions. Individuals and States are 

not included in the definition of a small 

entity. 

The RFA does not apply to this 

interpretive rule and TSA is not 

preparing an analysis for the Act, since 

under 5 U.S.C. 553, TSA is not required 

to publish a notice of proposed 

rulemaking. Nonetheless, because this 

rule will not impose any costs on the 

public, we have determined and certify 

that this rule does not have a significant 

economic impact on a substantial 

number of small entities. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. TSA has 

assessed the potential effect of this 

interpretative rule and has determined 

that it will impose the same costs on 

domestic and international entities and 

thus has a neutral trade impact. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 is intended, among other things, 

to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and tribal governments. Title II of 

the Act requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed or final agency rule that may 

result in a $100 million or more 

expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’

This rulemaking does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply and TSA has not prepared a 

statement under the Act. 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 51681 

Executive Order 13132, Federalism 

TSA has analyzed this interpretive 

rule under the principles and criteria of 

Executive Order 13132, Federalism. We 

have determined that this action will 

not have a substantial direct effect on 

the States, on the relationship between 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and therefore will 

not have federalism implications. 

Environmental Analysis 

TSA has reviewed this action for 

purposes of the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4347) and has determined that 

this action will not have a significant 

effect on the human environment. 

Energy Impact 

The energy impact of this action has 

been assessed in accordance with the 

Energy Policy and Conservation Act 

(EPCA) Public Law 94–163, as amended 

(42 U.S.C. 6362). We have determined 

that this rulemaking is not a major 

regulatory action under the provisions 

of the EPCA. 

Amendments to Interpretation 

TSA is making the following changes 

to the prohibited items list: 

1. Section I.B(10) is amended to read 

‘‘Scissors, metal with pointed tips, 

except ostomy scissors with pointed tips 

with an overall length, including blades 

and handle, of four inches or less, when 

accompanied by an ostomate supply kit 

containing related supplies, such as 

collection pouches, wafers, positioning 

plates, tubing, or adhesives.’’

2. Section II.A(17) is amended to read 

‘‘Scissors, plastic or metal with blunt 

tips; and ostomy scissors with pointed 

tips with an overall length, including 

blades and handle, of four inches or 

less, when accompanied by an ostomate 

supply kit containing related supplies, 

such as collection pouches, wafers, 

positioning plates, tubing, or 

adhesives.’’

3. Section II.B(2) is amended to read 

‘‘Toy Transformer robots and the like.’’

4. Section III(5) (now section III E.) is 

amended to read ‘‘Reserved.’’

5. Sections III(1) through (5) are 

redesignated as Sections III.A. through 

E. 

Text of Interpretive Rule 

The following is the list of prohibited 

items and permitted items reprinted in 

its entirety, with the changes inserted. 

Prohibited Items and Permitted Items 

Interpretation 

I. Prohibited Items. For purposes of 49 

U.S.C. 40101 et seq. and 49 CFR 

1540.111, TSA interprets the terms 

‘‘weapons, explosives, and 

incendiaries’’ to include the items listed 

below. Accordingly, passengers may not 

carry these items as accessible property 

or on their person through passenger 

screening checkpoints or into airport 

sterile areas and the cabins of a 

passenger aircraft. 

A. Guns and Firearms. 

(1) BB guns. 

(2) Compressed air guns. 

(3) Firearms. 

(4) Flare pistols. 

(5) Gun lighters. 

(6) Parts of guns and firearms. 

(7) Pellet guns. 

(8) Realistic replicas of firearms. 

(9) Spear guns. 

(10) Starter pistols. 

(11) Stun guns/cattle prods/shocking 

devices. 

B. Sharp Objects. 

(1) Axes and hatchets. 

(2) Bows and arrows. 

(3) Drills, including cordless portable 

power drills. 

(4) Ice axes/Ice picks. 

(5) Knives of any length, except 

rounded-blade butter and plastic 

cutlery. 

(6) Meat cleavers. 

(7) Razor-type blades, such as box 

cutters, utility knives, and razor blades 

not in a cartridge, but excluding safety 

razors. 

(8) Sabers. 

(9) Saws, including cordless portable 

power saws. 

(10) Scissors, metal with pointed tips, 

except ostomy scissors with pointed tips 

with an overall length, including blades 

and handle, of four inches or less, when 

accompanied by an ostomate supply kit 

containing related supplies, such as 

collection pouches, wafers, positioning 

plates, tubing, or adhesives. 

(11) Screwdrivers (except those in 

eyeglass repair kits). 

(12) Swords. 

(13) Throwing stars (martial arts). 

C. Club-Like Items. 

(1) Baseball bats. 

(2) Billy clubs. 

(3) Blackjacks. 

(4) Brass knuckles. 

(5) Cricket bats. 

(6) Crowbars. 

(7) Golf clubs. 

(8) Hammers. 

(9) Hockey sticks. 

(10) Lacrosse sticks. 

(11) Martial arts weapons, including 

nunchucks, and kubatons. 

(12) Night sticks. 

(13) Pool cues. 

(14) Ski poles. 

(15) Tools including, but not limited 

to, wrenches and pliers. 

D. All Explosives, Including 

(1) Ammunition. 

(2) Blasting caps. 

(3) Dynamite. 

(4) Fireworks. 

(5) Flares in any form. 

(6) Gunpowder. 

(7) Hand grenades. 

(8) Plastic explosives. 

(9) Realistic replicas of explosives. 

E. Incendiaries. 

(1) Aerosol, any, except for personal 

care or toiletries in limited quantities. 

(2) Fuels, including cooking fuels and 

any flammable liquid fuel. 

(3) Gasoline. 

(4) Gas torches, including microtorches and torch lighters. 

(5) Lighter fluid. 

(6) Strike-anywhere matches. 

(7) Turpentine and paint thinner. 

(8) Realistic replicas of incendiaries. 

(9) All lighters. 

F. Disabling Chemicals and Other 

Dangerous Items. 

(1) Chlorine for pools and spas. 

(2) Compressed gas cylinders 

(including fire extinguishers). 

(3) Liquid bleach. 

(4) Mace. 

(5) Pepper spray. 

(6) Spillable batteries, except those in 

wheelchairs. 

(7) Spray Paint. 

(8) Tear gas. 

II. Permitted Items. For purposes of 49 

U.S.C. 40101 et seq. and 49 CFR 

1540.111, TSA does not consider the 

items on the following lists as weapons, 

explosives, and incendiaries because of 

medical necessity or because they 

appear to pose little risk if, as is 

required, they have passed through 

screening. Therefore, passengers may 

carry these items as accessible property 

or on their person through passenger 

screening checkpoints and into airport 

sterile areas and the cabins of passenger 

aircraft. 

A. Medical and Personal Items. 

(1) Braille note taker, slate and stylus, 

and augmentation devices. 

(2) Cigar cutters. 

(3) Corkscrews. 

(4) Cuticle cutters. 

(5) Diabetes-related supplies/ 

equipment (once inspected to ensure 

prohibited items are not concealed), 

including: insulin and insulin loaded 

dispensing products; vials or box of 

individual vials; jet injectors; pens; 

infusers; and preloaded syringes; and an 

unlimited number of unused syringes, 

when accompanied by insulin; lancets; 

51682 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Rules and Regulations 

blood glucose meters; blood glucose 

meter test strips; insulin pumps; and 

insulin pump supplies. 

Insulin in any form or dispenser must 

be properly marked with a 

professionally printed label identifying 

the medication or manufacturer’s name 

or pharmaceutical label. 

(6) Eyeglass repair tools, including 

screwdrivers. 

(7) Eyelash curlers. 

(8) Knives, round-bladed butter or 

plastic. 

(9) [Reserved] 

(10) Matches (maximum of four 

books, strike on cover, book type). 

(11) Nail clippers. 

(12) Nail files. 

(13) Nitroglycerine pills or spray for 

medical use, if properly marked with a 

professionally printed label identifying 

the medication or manufacturer’s name 

or pharmaceutical label. 

(14) Personal care or toiletries with 

aerosols, in limited quantities. 

(15) Prosthetic device tools and 

appliances (including drill, Allen 

wrenches, pullsleeves) used to put on or 

remove prosthetic devices, if carried by 

the individual with the prosthetic 

device or his or her companion. 

(16) Safety razors (including 

disposable razors). 

(17) Scissors, plastic or metal with 

blunt tips; and ostomy scissors with 

pointed tips with an overall length, 

including blades and handle, of four 

inches or less, when accompanied by an 

ostomate supply kit containing related 

supplies, such as collection pouches, 

wafers, positioning plates, tubing, or 

adhesives. 

(18) Tweezers. 

(19) Umbrellas (once inspected to 

ensure prohibited items are not 

concealed). 

(20) Walking canes (once inspected to 

ensure prohibited items are not 

concealed). 

B. Toys, Hobby Items, and Other 

Items Posing Little Risk. 

(1) Knitting and crochet needles. 

(2) Toy Transformer(R) robots and the 

like. 

(3) Toy weapons (if not realistic 

replicas). 

III. Items Prohibited in Sterile and 

Cabin Areas, but that May Be Placed in 

Checked Baggage. Passengers may place 

prohibited items other than explosives, 

incendiaries, disabling chemicals and 

other dangerous items (other than 

individual self-defense sprays as noted 

below), and loaded firearms in their 

checked baggage, subject to any 

limitations provided in DOT’s 

hazardous materials regulation. 49 CFR 

part 175. 

A. Pepper spray or mace. A passenger 

may have one self-defense spray, not 

exceeding 4 fluid ounces by volume that 

incorporates a positive means to prevent 

accidental discharge. See 49 CFR 

175.10(a)(4)(ii). 

B. Small arms ammunition. A 

passenger may place small arms 

ammunition for personal use in checked 

baggage, but only if securely packed in 

fiber, wood or metal boxes, or other 

packaging specifically designed to carry 

small amounts of ammunition. 49 CFR 

175.10(a)(5). 

C. Unloaded firearms. A passenger 

may place an unloaded firearm or starter 

pistol in a checked bag if the passenger 

declares to the airline operator, either 

orally or in writing, before checking the 

baggage, that the passenger has a firearm 

in his or her bag and that it is unloaded; 

the firearm is carried in a hard-sided 

container; and the container is locked, 

and only the passenger has the key or 

combination. 49 CFR 1540.111(c). 

D. Club-like items. A passenger also 

may transport club-like objects and 

sharp objects in checked baggage, as 

long as they do not contain explosives 

or incendiaries. 

E. [Reserved.] 

IV. Lists are not Exclusive. Neither the 

prohibited items list nor the permitted 

items list contains all possible items. A 

screener has discretion to prohibit an 

individual from carrying an item into a 

sterile area or onboard an aircraft if the 

screener determines that the item is a 

weapon, explosive, or incendiary, 

regardless of whether the item is on the 

prohibited items list or the permitted 

items list. For example, if a cigar cutter 

or other article on the permitted list 

appears unusually dangerous, the 

screener may refuse to allow it in sterile 

areas. Similarly, screeners may allow 

individuals to bring items into the 

sterile area that are not on the permitted 

items list. In addition, items may be 

prohibited from the cabin of an aircraft, 

or allowed in only limited quantities, by 

Department of Transportation 

regulations governing hazardous 

materials. Individuals with questions 

about the carriage of hazardous 

materials on passenger aircraft may call 

the Hazardous Materials Information 

Center at 1–800–467–4922 for more 

information. 

Issued in Arlington, Virginia, August 26, 

2005. 

Kip Hawley, 

Assistant Secretary. 

[FR Doc. 05–17392 Filed 8–29–05; 8:47 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050816224–5224–01; I.D. 

081005A] 

RIN 0648–AT69 

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Pacific Whiting; 

Fishery Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; request for 

comments. 

SUMMARY: This emergency rule, 

implemented under the authority of the 

Pacific Coast groundfish fishery 

management plan (FMP), establishes a 

salmon conservation zone for the 

primary Pacific whiting (whiting) 

fishery, shoreward of a boundary line 

approximating the 100–fm (183–m) 

depth contour. Under this rule, fishing 

for Pacific whiting within the salmon 

conservation zone is prohibited. 

DATES: Effective August 26, 2005, until 

February 27, 2006. Comments must be 

received no later than 5 p.m., local time 

on September 26, 2005. 

ADDRESSES: You may submit comments, 

identified by I.D. 081105A by any of the 

following methods: 

• E-mail: 

2005hakesalmon.nwr@noaa.gov: 

Include 081105A in the subject line of 

the message. 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 206–526–6736, Attn: Becky 

Renko 

• Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Becky 

Renko. 

Copies of the Final Environmental 

Impact Statement (FEIS) for the harvest 

specifications and management 

measures for the 2005–2006 groundfish 

fisheries are available from Donald 

McIsaac, Executive Director, Pacific 

Fishery Management Council (Council), 

7700 NE Ambassador Place, Portland, 

OR 97220, phone: 503–820–2280. 

Copies of the Record of Decision, final 

regulatory flexibility analysis (FRFA), 

and the Small Entity Compliance Guide 

for the groundfish harvest specifications 

for 2005–2006 are available from D.