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] 

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