Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 53101 

Monitoring System Malfunction’’

Telltale in Table 1 of Standard No. 101 

(49 CFR 571.101); 

(3) Continues to illuminate the TPMS 

malfunction telltale under the 

conditions specified in S4.4(a) for as 

long as the malfunction exists, 

whenever the ignition locking system is 

in the ‘‘On’’ (‘‘Run’’) position; and 

* * * * * 

(c) Combination low tire pressure/ 

TPMS malfunction telltale * * * 

* * * * * 

(2) When the ignition locking system 

is activated to the ‘‘On’’ (‘‘Run’’) 

position, flashes for a period of at least 

60 seconds but no longer than 90 

seconds upon detection of any 

condition(s) specified in S4.4(a). After 

this period of prescribed flashing, the 

telltale must remain continuously 

illuminated as long as a malfunction 

exists and the ignition locking system is 

in the ‘‘On’’ (‘‘Run’’) position. This 

flashing and illumination sequence 

must be repeated each time the ignition 

locking system is placed in the ‘‘On’’

(‘‘Run’’) position until the situation(s) 

causing the malfunction(s) has (have) 

been corrected. 

S4.5 Written instructions. 

(a) Beginning on September 1, 2006, 

the owner’s manual in each vehicle 

certified as complying with S4 must 

provide an image of the Low Tire 

Pressure Telltale symbol (and an image 

of the TPMS Malfunction Telltale 

warning (‘‘TPMS’’), if a dedicated 

telltale is utilized for this function) with 

the following statement in English: 

* * * 

* * * * * 

S6 Test procedures. 

* * * * * 

(e) Stop the vehicle and deflate any 

combination of one to four tires until 

the deflated tire(s) is (are) at 7 kPa (1 

psi) below the inflation pressure at 

which the tire pressure monitoring 

system is required to illuminate the low 

tire pressure warning telltale. 

* * * * * 

(k) Simulate one or more TPMS 

malfunction(s) by disconnecting the 

power source to any TPMS component, 

disconnecting any electrical connection 

between TPMS components, or 

installing a tire or wheel on the vehicle 

that is incompatible with the TPMS. 

When simulating a TPMS malfunction, 

the electrical connections for the telltale 

lamps are not to be disconnected. 

* * * * * 

PART 585—PHASE-IN REPORTING 

REQUIREMENTS 

■ 3. The authority citation for Part 585 

of Title 49 continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117, and 30166; delegation of authority at 

49 CFR 1.50. 

■ 4. Part 585 is amended by revising 

585.66(b)(1) and (2) of Subpart G as 

follows: 

Subpart G—Tire Pressure Monitoring 

System Phase-in Reporting 

Requirements 

* * * * * 

§ 585.66 Reporting requirements. 

* * * * * 

(b) Report content. (1) Basis for 

statement of compliance. Each 

manufacturer must provide the number 

of passenger cars, multipurpose 

passenger vehicles, trucks, and buses 

with a gross vehicle weight rating of 

4,536 kilograms (10,000 pounds) or less, 

except those vehicles with dual wheels 

on an axle, manufactured for sale in the 

United States for each reporting period 

as follows: 

(i) Period from October 5, 2005 to 

August 31, 2006. The number shall be 

either the manufacturer’s average 

annual production of vehicles 

manufactured on or after September 1, 

2002, and before October 5, 2005, or, at 

the manufacturer’s option, it shall be the 

manufacturer’s production on or after 

October 5, 2005 and before September 1, 

2006. A new manufacturer that has not 

previously manufactured these vehicles 

for sale in the United States must report 

the number of such vehicles 

manufactured during the production 

period on or after October 5, 2005 and 

before September 1, 2006. 

(ii) Period from September 1, 2006 to 

August 31, 2007. The number shall be 

either the manufacturer’s average 

annual production of vehicles 

manufactured on or after September 1, 

2003, and before September 1, 2006, or, 

at the manufacturer’s option, it shall be 

the manufacturer’s production on or 

after September 1, 2006 and before 

September 1, 2007. A new manufacturer 

that has not previously manufactured 

these vehicles for sale in the United 

States must report the number of such 

vehicles manufactured during the 

production period on or after September 

1, 2006 and before September 1, 2007. 

(2) Production. Each manufacturer 

must report for the production period 

for which the report is filed: the total 

number of passenger cars, multipurpose 

passenger vehicles, trucks, and buses 

with a gross vehicle weight rating of 

4,536 kilograms (10,000 pounds) or less 

that meet Standard No. 138 (49 CFR 

571.138). 

* * * * * 

Issued: August 31, 2005. 

Jeffrey W. Runge, 

Administrator. 

[FR Doc. 05–17661 Filed 9–1–05; 10:32 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

082305C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel with gears 

other than jig in the Eastern Aleutian 

District and the Bering Sea subarea of 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2005 

total allowable catch (TAC) of Atka 

mackerel in these areas. NMFS is also 

announcing the opening and closure 

dates of the first and second directed 

fisheries within the harvest limit area 

(HLA) in Statistical Areas 542 and 543. 

These actions are necessary to prevent 

exceeding the HLA limits established 

for the Central (area 542) and Western 

(area 543) Aleutian Districts pursuant to 

the 2005 Atka mackerel TAC. 

DATES: The effective dates are provided 

in Table 1 under the SUPPLEMENTARY

INFORMATION section of this temporary 

action. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

53102 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2005 TAC of Atka mackerel 

specified for other gear in the Eastern 

Aleutian District and the Bering Sea 

subarea was established as 6,868 metric 

tons (mt) by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005). See § 679.20(a)(8)(ii) and 

(c)(3)(iii). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that 350 mt of the 2005 Atka 

mackerel TAC for other gear in the 

Eastern Aleutian District and the Bering 

Sea subarea will be necessary as 

incidental catch to support other 

anticipated groundfish fisheries. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 6,518 mt. In accordance 

with § 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel TAC 

by vessels using other gear in the 

Eastern Aleutian District and the Bering 

Sea subarea. 

In accordance with 

§ 679.20(a)(8)(iii)(C), the Regional 

Administrator is opening the first 

directed fisheries for Atka mackerel 

within the HLA in areas 542 and 543, 

48 hours after the closure of the Eastern 

Aleutian District and the Bering Sea 

subarea Atka mackerel directed fishery. 

The Regional Administrator has 

established the opening date for the 

second HLA directed fisheries as 48 

hours after the last closure of the first 

HLA fisheries in either 542 or 543. 

Consequently, NMFS is opening and 

closing directed fishing for Atka 

mackerel in the HLA of areas 542 and 

543 in accordance with the periods 

listed under Table 1 of this notice. 

TABLE 1. EFFECTIVE DATES AND TIMES

Action Area 

Effective Dates*

From To 

Closing Atka Mackerel with gears 

other than jig 

Eastern Aleutian District and the 

Bering Sea subarea 

1200 hrs, September 2, 2005 2400 hrs, December 31, 2005 

Opening the first directed fishery 

in the HLA 

542 1200 hrs, September 4, 2005 1200 hrs, September 12, 2005 

543 1200 hrs, September 4, 2005 1200 hrs, September 11, 2005 

Opening the second directed fishery in the HLA 542 1200 hrs, September 14, 2005 1200 hrs, September 22, 2005 

543 1200 hrs, September 14, 2005 1200 hrs, September 21, 2005 

*

Alaska local time 

In accordance with § 679.20(a)(8)(iii), 

vessels using trawl gear for directed 

fishing for Atka mackerel have 

previously registered with NMFS to fish 

in the HLA fisheries in areas 542 and/ 

or 543. NMFS has randomly assigned 

each vessel to the directed fishery or 

fisheries for which they have registered. 

NMFS has notified each vessel owner as 

to which fishery each vessel has been 

assigned by NMFS. (70 FR 49197, 

August 23, 2005). 

In accordance with 

§ 679.20(a)(8)(ii)(C)(1), the HLA limits of 

the 2005 TACs in areas 542 and 543 are 

9,851 mt and 5,550 mt, respectively. 

Based on those limits and the 

proportion of the number of vessels in 

each fishery compared to the total 

number of vessels participating in the 

HLA directed fishery for area 542 or 

543, the harvest limit for each HLA 

directed fishery in areas 542 and 543 are 

as follows: for the first directed fishery 

in area 542, 4,926 mt; for the first 

directed fishery in area 543, 2,775 mt; 

for the second directed fishery in area 

542, 4,925 mt; and for the second 

directed fishery in area 543, 2,775 mt. 

In accordance with § 679.20(a)(8)(iii)(E), 

the Regional Administrator has 

established the closure dates of the Atka 

mackerel directed fisheries in the HLA 

for areas 542 and 543 based on the 

amount of the harvest limit and the 

estimated fishing capacity of the vessels 

assigned to the respective fisheries. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel in the 

HLA of areas 542 and 543 in accordance 

with the dates and times listed in Table 

1 of this notice. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and 50 CFR 

679.20(b)(3)(iii)(A) as such a 

requirement is impracticable and 

contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

closure of the Atka mackerel fishery in 

the Eastern Aleutian District and the 

Bering Sea subarea and the opening and 

closures of the fisheries for the HLA 

limits established for the area 542 and 

area 543 pursuant to the 2005 Atka 

mackerel TAC. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 15, 2005. The AA 

also finds good cause to waive the 30- 

day delay in the effective date of this 

action under 5 U.S.C. 553(d)(3). This 

finding is based upon the reasons 

provided above for waiver of prior 

notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 31, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17712 Filed 9–1–05; 2:08 pm] 

BILLING CODE 3510–22–S