53308 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations. 

Dated: August 11, 2005. 

Kathleen C. Callahan, 

Acting Regional Administrator, Region 2. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. Section 52.1670 is amended by 

adding new paragraph (c)(108) to read 

as follows: 

§ 52.1670 Identification of plans. 

* * * * * 

(c) * * * 

(108) Revisions to the State 

Implementation Plan submitted on June 

22, 2004, by the New York State 

Department of Environmental 

Conservation, which consists of a 

revision to the carbon monoxide 

maintenance plan for Onondaga County. 

(i) Incorporation by reference: 

(A) Regulation Part 225–3, ‘‘Fuel 

Composition and Use—Gasoline.’’ of 

Title 6 of the New York Code of Rules 

and Regulations, filed on October 5, 

2001, and effective on November 4, 

2001. 

■ 3. In § 52.1679, the table is amended 

by revising the entries under Title 6 for 

Part 225–3, Part 228, and Part 239 to 

read as follows: 

§ 52.1679 EPA-approved New York State 

regulations. 

New York State regulation State effective 

date 

Latest EPA 

approval date Comments 

Title 6: 

* * * * * * * 

Part 225–3, Fuel Composition and Use—Gasoline 11/4/01 9/08/05 and FR 

page citation.

The Variance adopted by the State pursuant to 

section 225–3.5 becomes applicable only if approved by EPA as a SIP revision. 

* * * * * * * 

Part 228, ‘‘Surface Coating Processes’’ .................. 7/23/03 1/23/04, 69 FR 

3240.

* * * * * * * 

Part 239, ‘‘Portable Fuel Container Spillage Control’’.11/4/02 1/23/04, 69 FR 

3240.

The specific application of provisions associated 

with alternate test methods, variances and innovative products, must be submitted to EPA as 

SIP revisions. 

* * * * * * * 

■ 4. Section 52.1682 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1682 Control strategy: Carbon 

monoxide. 

* * * * * 

(c) Approval—The June 22, 2004 

revision to the carbon monoxide 

maintenance plan for Onondaga County. 

This revision contains a second ten-year 

maintenance plan that demonstrates 

continued attainment of the National 

Ambient Air Quality Standard for 

carbon monoxide through the year 2013 

and CO conformity budgets for the years 

2003, 2009, and 2013. 

[FR Doc. 05–17721 Filed 9–7–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

[Docket No. NHTSA–05–21161; Notice 2] 

RIN 2127–AJ62 

Civil Penalties 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document amends 

NHTSA’s regulation on civil penalties 

by increasing the maximum aggregate 

civil penalties for violations of statutes 

and regulations administered by 

NHTSA pertaining to odometer 

tampering and disclosure requirements 

and vehicle theft protection. This action 

is taken pursuant to the Federal Civil 

Monetary Penalty Inflation Adjustment 

Act of 1990, as amended by the Debt 

Collection Improvement Act of 1996, 

which requires us to review and, as 

warranted, adjust penalties based on 

inflation at least every four years. 

DATES: This rule is effective on October 

11, 2005. If you wish to submit a 

petition for reconsideration of this rule, 

your petition must be received by 

October 24, 2005. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number above 

and be submitted to: Administrator, 

Room 5220, National Highway Traffic 

Safety Administration, 400 Seventh 

Street, SW., Washington, DC 20590. 

See the SUPPLEMENTARY INFORMATION

portion of this document (Section VIII; 

Rulemaking Analyses and Notice) for 

DOT’s Privacy Act Statement regarding 

documents submitted to the agency’s 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Kido, Office of Chief Counsel, 

NHTSA, telephone (202) 366–5263, 

facsimile (202) 366–3820, 400 Seventh 

Street, SW., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53309 

Background 

In order to preserve the remedial 

impact of civil penalties and to foster 

compliance with the law, the Federal 

Civil Monetary Penalty Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

Notes, Pub. L. 101–410), as amended by 

the Debt Collection Improvement Act of 

1996 (Pub. L. 104–134) (referred to 

collectively as the ‘‘Adjustment Act’’ or, 

in context, the ‘‘Act’’), requires us and 

other Federal agencies to regularly 

adjust civil penalties for inflation. 

Under the Adjustment Act, following an 

initial adjustment that was capped by 

the Act, these agencies must make 

further adjustments, as warranted, to the 

amounts of penalties in statutes they 

administer at least once every four 

years. For further details on this 

adjustment process, the statutory 

formula, and the agency’s history of 

penalty adjustments, we refer readers to 

our May 25, 2005 Notice of Proposed 

Rulemaking (‘‘NPRM’’) at 70 FR 30051. 

Revision of Civil Penalties Prescribed 

by Section 578.6 

In the NPRM, we reviewed penalties 

in 49 CFR 578.6, calculated updated 

penalties using the appropriate 

Consumer Price Index figures, 

considered the nearest higher multiple 

specified in the rounding provisions, 

and proposed that the penalties 

discussed below be increased. 

We received one comment on our 

proposal from a private individual who 

recommended that the agency impose 

no penalty under $1,000,000 and that a 

maximum penalty of $5,000,000 be 

imposed on violators of the provisions 

that we proposed to adjust. As we 

explained in our earlier notice, the 

amounts by which the agency can adjust 

its civil penalties are specifically 

prescribed by statute. Modifying our 

proposal as suggested in this comment 

would be inconsistent with the penalty 

provisions in the applicable statutes and 

with the Adjustment Act. Therefore, we 

are not making the change suggested by 

the commenter. Instead, we are 

adjusting the penalties as proposed in 

our NPRM and as addressed below. 

Odometer Tampering and Disclosure, 

49 U.S.C. Chapter 327 (49 CFR 

578.6(f)(1)) 

The agency last adjusted its civil 

penalties for violations of odometer 

tampering and disclosure requirements 

under 49 U.S.C. Chapter 327 in 2001. 

Applying the formulation as set out in 

the NPRM, the adjusted civil penalty 

amount for violations of 49 CFR 

578.6(f)(1) is raised from $120,000 to 

$130,000. As explained in the NPRM, 

the maximum civil penalty amount for 

single violations of 49 CFR 578.6(f)(1) 

remains at $2,200 because the inflationadjusted figure is not yet at a level to be 

increased. See 70 FR at 30052. For 

similar reasons, the penalty amount 

prescribed in Section 578.6(f)(2) for a 

violation that involves the intent to 

defraud (the greater of three times actual 

damages or $2,000) remains the same. 

Vehicle Theft Protection, 49 U.S.C. 

Chapter 331 (49 CFR 578.6(g)(1)–(2)) 

The civil penalties related to vehicle 

theft protection were last adjusted in 

2001. Applying the appropriate inflation 

factor as described in the NPRM raises 

the civil penalty amount in Section 

578.6(g)(1) from $300,000 to $325,000. 

Id. Similarly, applying the same 

statutorily mandated formula to Section 

578.6(g)(2) yields an increase from 

$120,000 to $130,000. Maximum 

penalties for single violations of 49 

U.S.C. 33114(a)(1)–(4) as provided 

under Section 578.6(g)(1) will remain at 

$1,100 because the inflation-adjusted 

figure is not yet at a level to be 

increased. 

Other Issues—Technical Correction 

The agency is also amending the 

language in 49 CFR 578.6(g)(2) to 

achieve consistency within the text of 

the regulation by capitalizing the word 

‘‘Government’’ after ‘‘United States’’ to 

reflect that word’s usage within other 

parts of Section 578.6. 

Rulemaking Analyses and Notices 

Federal Civil Monetary Penalty Inflation 

Adjustment Act of 1990 (As Amended) 

As earlier discussed, the statutory 

basis for this final rule is the Federal 

Civil Monetary Penalty Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461 

Notes, Pub. L. 101–410), as amended by 

the Debt Collection Improvement Act of 

1996 (Pub. L. 104–34) (referred to 

collectively as the ‘‘Adjustment Act’’ or, 

in context, the ‘‘Act’’), which provides 

for agencies to adjust civil penalties for 

inflation, as warranted, at least once 

every four years. In 2001, the NHTSA 

last adjusted the civil penalties for 

violations of odometer tampering and 

disclosure requirements under 49 U.S.C. 

Chapter 327 and the civil penalties 

related to vehicle theft protection under 

49 U.S.C. Chapter 331. Since four years 

have passed since 2001, under the 

Adjustment Act, we are now adjusting 

these civil penalties for inflation. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ provides for 

making determinations whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to OMB review and to 

the requirements of the Executive Order. 

The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

NHTSA has considered the impact of 

this final rule under E.O. 12866 and the 

Department of Transportation’s 

regulatory policies and procedures and 

has determined that it is not significant. 

This action is limited to the adoption of 

statutorily mandated adjustments of 

civil penalties under statutes that the 

agency enforces, raises no novel issues, 

and does not otherwise interfere with 

other actions. This final rule does not 

impose any costs that would exceed the 

$100 million threshold or otherwise 

materially impact entitlements, grants, 

user fees, or loan programs or the rights 

and obligations of recipients thereof. 

The agency has therefore determined 

this final rule to be not ‘‘significant’’

under the Department of 

Transportation’s regulatory policies and 

procedures. 

Regulatory Flexibility Act 

We have also considered the impacts 

of this notice under the Regulatory 

Flexibility Act. I certify that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The following provides the 

factual basis for this certification under 

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

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 were previously organized 

according to Standard Industrial 

Classification (‘‘SIC’’) Codes. SIC Code 

336211 ‘‘Motor Vehicle Body 

Manufacturing’’ applied a small 

business size standard of 1,000 

employees or fewer. SBA now uses size 

standards based on the North American 

53310 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

1For example, according to the new SBA coding 

system, businesses that manufacture truck trailers, 

travel trailers/campers, carburetors, pistons, piston 

rings, valves, vehicular lighting equipment, motor 

vehicle seating/interior trim, and motor vehicle 

stamping qualify as small businesses if they employ 

500 or fewer employees. Similarly, businesses that 

manufacture gasoline engines, engine parts, 

electrical and electronic equipment (non-vehicle 

lighting), motor vehicle steering/suspension 

components (excluding springs), motor vehicle 

brake systems, transmissions/power train parts, 

motor vehicle air-conditioning, and all other motor 

vehicle parts qualify as small businesses if they 

employ 750 or fewer employees. See http:// 

www.sba.gov/size/sizetable.pdf for further details. 

Industry Classification System 

(‘‘NAICS’’), Subsector 336—

Transportation Equipment 

Manufacturing, which provides a small 

business size standard of 1,000 

employees or fewer for automobile 

manufacturing businesses. Other motor 

vehicle-related industries have lower 

size requirements that range between 

500 and 750 employees.1

Many small businesses are subject to 

the penalty provisions of 49 U.S.C. 

Chapters 327 (odometer disclosure and 

tampering) and, to a lesser extent, 331 

(vehicle theft protection). Consequently, 

these entities may be affected by the 

adjustments that this rule makes. For 

example, based on comprehensive 

reporting pursuant to the early warning 

reporting (‘‘EWR’’) rule under the Motor 

Vehicle Safety Act, 49 CFR part 579, of 

the more than 60 light vehicle 

manufacturers reporting, over half are 

small businesses. Also, there are other, 

relatively low production light vehicle 

manufacturers that are not subject to 

comprehensive EWR reporting. 

Furthermore, there are about 130 

registered importers. 

As noted throughout this preamble, 

this rule only increases the maximum 

penalty amounts that the agency could 

obtain for violations of provisions 

related to the odometer and theft 

protection provisions enforced by 

NHTSA. The rule does not set the 

amount of penalties for any particular 

violation or series of violations. Under 

the vehicle theft protection statute, the 

penalty provision requires the agency to 

take into account the size of a business 

when determining the appropriate 

penalty in an individual case. See 49 

U.S.C. 33115(a)(3) (vehicle theft 

protection—entity’s size shall be 

considered). While the odometer 

disclosure and tampering statutory 

penalty provision does not specifically 

require the agency to consider the size 

of the business, the statute requires the 

agency to consider the impact of the 

penalty on an entity’s ability to continue 

doing business. 49 U.S.C. 

32709(a)(3)(B). The agency would also 

consider business size under its civil 

penalty policy when determining the 

appropriate civil penalty amount. See 

62 FR 37115 (July 10, 1997) (NHTSA’s 

civil penalty policy under the Small 

Business Regulatory Enforcement 

Fairness Act (‘‘SBREFA’’)). The penalty 

adjustments in the rule would not affect 

our civil penalty policy under SBREFA. 

As a matter of policy, we intend to 

continue to consider the 

appropriateness of the penalty amount 

to the size of the business charged. 

Since this regulation does not 

establish penalty amounts, the rule will 

not have a significant economic impact 

on small businesses. 

Further, small organizations and 

governmental jurisdictions would not be 

significantly affected as the price of 

motor vehicles and equipment ought not 

to change as the result of this rule. As 

explained above, this action is limited 

to the adoption of a statutory directive, 

and has been determined to be not 

‘‘significant’’ under the Department of 

Transportation’s regulatory policies and 

procedures. 

Executive Order 13132 (Federalism) 

Executive Order 13132 requires 

NHTSA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that have ‘‘substantial direct 

effects 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.’’ Under 

Executive Order 13132, the agency may 

not issue a regulation with Federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, the agency consults with 

State and local governments, or the 

agency consults with State and local 

officials early in the process of 

developing the regulation. NHTSA also 

may not issue a regulation with 

Federalism implications and that 

preempts State law unless the agency 

consults with State and local officials 

early in the process of developing the 

regulation. 

We have analyzed this rule in 

accordance with the principles and 

criteria set forth in Executive Order 

13132 and have determined that this 

rule does not have sufficient Federal 

implications to warrant consultation 

with State and local officials or the 

preparation of a Federalism summary 

impact statement. The rule will not have 

any substantial impact on the States, or 

on the current Federal-State 

relationship, or on the current 

distribution of power and 

responsibilities among the various local 

officials. 

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. 

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 12988 (Civil Justice 

Reform) 

This rule does not have a retroactive 

or preemptive effect. Judicial review of 

this rule 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. 

Paperwork Reduction Act 

NHTSA has determined that this final 

rule will not impose any ‘‘collection of 

information’’ burdens on the public, 

within the meaning of the Paperwork 

Reduction Act of 1995. This rulemaking 

action will not impose any filing or 

record keeping requirements on any 

manufacturer or any other party. 

Privacy Act 

Please note that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(Volume 65, Number 70; Pages 19477–

78), or you may visit http://dms.dot.gov. 

List of Subjects in 49 CFR Part 578 

Motor vehicle safety, Penalties. 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53311 

■ In consideration of the foregoing, 49 

CFR part 578 is amended as set forth 

below. 

PART 578—CIVIL AND CRIMINAL 

PENALTIES 

■ 1. The authority citation for 49 CFR 

part 578 continues to read as follows: 

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

134, Pub. L. 106–414, 49 U.S.C. 30165, 

30170, 30505, 32308, 32309, 32507, 32709, 

32710, 32912, and 33115; delegation of 

authority at 49 CFR 1.50. 

■ 2. Section 578.6 is amended by 

revising, in paragraph (f)(1), the third 

sentence; revising, in paragraph (g)(1), 

the third sentence; and revising 

paragraph (g)(2), to read as follows: 

§ 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 $130,000. 

* * * * * 

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

The maximum penalty under this 

paragraph for a related series of 

violations is $325,000. 

(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 $130,000 a day for each 

violation. 

* * * * * 

Issued on: September 1, 2005. 

Jacqueline Glassman, 

Deputy Administrator. 

[FR Doc. 05–17747 Filed 9–7–05; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 040809233–4363–03; I.D. 

083105A] 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Closed Area I Scallop Access Area to 

General Category Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces the closure 

of the Closed Area I (CAI) Scallop 

Access Area for general category scallop 

vessels for the remainder of the 2005 

fishing year (through February 28, 

2006). This closure is based on a 

determination by the Northeast Regional 

Administrator (RA) that general category 

scallop vessels will have made all of the 

162 allowed trips by 0001 hr local time 

September 8, 2005. This action is being 

taken to prevent the allocation of 

general category trips in CAI Scallop 

Access Area from being exceeded 

during the 2005 fishing year in 

accordance with the regulations 

implemented under Framework 16 to 

the Atlantic Sea Scallop Fishery 

Management Plan (FMP) and 

Framework 39 to the Northeast 

Multispecies FMP (Joint Frameworks) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act. 

DATES: Effective 0001 hr local time 

September 8, 2005, through February 

28, 2006. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

(978) 281–9221, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the Sea Scallop Access Areas are found 

at 50 CFR 648.59 and 648.60. 

Regulations specifically governing 

general category scallop vessel 

operations in the CAI Scallop Access 

Area are specified at ’ 648.59(b)(5)(ii). 

These regulations authorize vessels 

issued a valid general category scallop 

permit to fish in the CAI Scallop Access 

Area under specific conditions, 

including a cap of 162 trips to be made 

by general category vessels during the 

2005 fishing year. The regulations at ’

648.59(b)(5)(ii) require the RA to close 

the CAI Scallop Access Area to general 

category scallop vessels once the RA has 

determined that the allowed number of 

trips are projected to be taken. 

As of August 26, 2005, 136 trips had 

been completed by general category 

scallop vessels fishing in the CAI 

Scallop Access Area. Based on VMS trip 

declarations and analysis of fishing 

effort, a projection concluded that, given 

current activity levels by general 

category scallop vessels in the area, the 

trip cap would be attained by September 

8, 2005. Therefore, in accordance with 

the regulations at 50 CFR 

648.59(b)(5)(ii), this action closes the 

CAI Scallop Access Area to all general 

category scallop vessels as of 0001 hr 

local time September 8, 2005. This 

closure is in effect for the remainder of 

the 2005 fishing year, which ends 

February 28, 2006. The CAI Scallop 

Access Area is scheduled to re-open to 

scallop fishing, including trips for 

general category scallop vessels, on June 

15, 2006, unless the schedule for 

Scallop Access Areas is modified by the 

New England Fishery Management 

Council. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries 

(AA) finds good cause to waive prior 

notice and opportunity for public 

comment because it is impracticable 

and contrary to the public interest. The 

regulations at ’ 648.59(b)(5)(ii) require 

the RA to close the CAI Scallop Access 

Area to general category scallop vessels 

to ensure that general category scallop 

vessels do not take more than the 

allocated number of trips in the Scallop 

Access Area. Data only recently became 

available indicating that the allocated 

trips will be taken by September 8, 

2005. Allowing general category vessels 

to continue to take trips in the CAI 

Scallop Access Area after September 8, 

2005, would result in vessels taking 

more than the allowed number of trips 

in the CAI Scallop Access Area, and in 

the localized over-harvest of the scallop 

resource. Such overharvest would likely 

reduce the projected levels of fishing 

activity within the CAI Scallop Access 

Area in future years for both general 

category and limited access scallop 

vessels. This conflicts with the agency’s 

obligation to achieve the objectives of 

the FMP and to implement its measures 

in an effective manner. Based on the 

foregoing, the AA finds good cause 

pursuant to 5 U.S.C. 553(d)(3) to waive 

the 30–day delayed effectiveness period 

for this action. 

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

Dated: September 2, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17801 Filed 9–2–05; 2:32 pm] 

BILLING CODE 3510–22–S