Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 61233 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2004–

0038. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket/. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Hogue, Field and External 

Affairs Division (7506C), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: 703–308–9072; 

e-mail address: hogue.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. It simply announces the 

submission of a draft proposed rule to 

the U.S. Department of Agriculture and 

does not otherwise affect any specific 

entities. This action may, however, be of 

particular interest to Federal, State, or 

Territorial government agencies that 

petition EPA for FIFRA section 18 

emergency use authorization for a 

pesticide, not otherwise registered for 

the use, to address an emergency pest 

situation. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be interested in this 

action. If you have any questions 

regarding this action, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (http:// 

www.epa.gov/edocket/), you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available on E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. What Action is EPA Taking? 

Section 25(a)(2) of FIFRA requires the 

Administrator to provide the Secretary 

of Agriculture with a copy of any final 

regulation at least 30 days before signing 

it for publication in the Federal 

Register. The draft final rule is not 

available to the public until after it has 

been signed by EPA. If the Secretary 

comments in writing regarding the draft 

final rule within 15 days after receiving 

it, the Administrator shall include the 

comments of the Secretary, if requested 

by the Secretary, and the 

Administrator’s response to those 

comments in the final rule when 

published in the Federal Register. If the 

Secretary does not comment in writing 

within 15 days after receiving the draft 

final rule, the Administrator may sign 

the final rule for publication in the 

Federal Register anytime after the 15–

day period. 

III. Do Any Statutory and Executive 

Order Reviews Apply to this 

Notification? 

No. This document is not a rule, it is 

merely a notification of submission to 

the Secretary of Agriculture. As such, 

none of the regulatory assessment 

requirements apply to this document. 

IV. Will this Notification be Subject to 

the Congressional Review Act? 

No. This action is not a rule for 

purposes of the Congressional Review 

Act (CRA), 5 U.S.C. 804(3), and will not 

be submitted to Congress and the 

Comptroller General. EPA will submit 

the final rule to Congress and the 

Comptroller General as required by the 

CRA. 

List of Subjects in Part 166 

Environmental protection, Pesticides, 

Emergency exemptions. 

Dated: October 13, 2005. 

James Jones, 

Director, Office of Pesticide Programs. 

[FR Doc. 05–21092 Filed 10–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 648 

[Docket No. 050520137–5268–03; I.D. 

050905F] 

RIN 0648–AT10 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Framework Adjustment 17 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This final rule clarifies certain 

requirements and delays the effective 

date for the implementation of some of 

the measures specified in Framework 17 

to the Atlantic Sea Scallop Fishery 

Management Plan (Framework 17), 

which was developed and submitted by 

the New England Fishery Management 

Council (Council) and approved by 

NMFS. The measures require that 

vessels issued a general category scallop 

permit, and that land or intend to land 

over 40 lb (18.14 kg) of shucked or 5 bu 

(176.2 L) of unshucked scallops, install 

and operate vessel monitoring systems 

(VMS) in order to provide more 

complete monitoring of the general 

category scallop fleet. Delay of the 

October 21, 2005, effective date is 

necessary to allow sufficient time for 

vessel owners to purchase, install, and 

activate VMS required under 

Framework 17. The new effective date is 

December 1, 2005. 

DATES: The amendments in this rule are 

effective December 1, 2005. The 

effective date of the amendments to 50 

CFR 648.4(a)(2)(ii), 648.9(c)(1) and 

(c)(2), 648.10(b)(1)(iv), and 648.14(i)(11) 

and (12), 648.52(c), and 15 CFR 902.1 

published August 22, 2005, at 70 FR 

48860, is delayed until December 1, 

2005. 

ADDRESSES: Written comments 

regarding the burden-hour estimates or 

other aspects of the collection-ofinformation requirements contained in 

this rule should be submitted to Patricia 

A. Kurkul, Regional Administrator (RA), 

NMFS, Northeast Regional Office, One 

Blackburn Drive, Gloucester, MA 01930, 

and to the Office of Management and 

Budget (OMB) by e-mail at 

DavidlRostker@omb.eop.gov or by fax 

to (202) 395–7285. 

61234 Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 

Copies of Framework 17, its 

Regulatory Impact Review (RIR), 

including the Initial Regulatory 

Flexibility Analysis (IRFA), and the 

Environmental Assessment (EA) are 

available on request from Paul J. 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Newburyport, MA 

01950. These documents are also 

available online at http:// 

www.nefmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Peter Christopher, Fishery Policy 

Analyst, (978) 281–9288, fax (978) 281–

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Framework 17 was adopted by the 

Council on February 1, 2005, and 

submitted to NMFS on March 11, 2005, 

with a supplement submitted on April 

4, 2005. A proposed rule for Framework 

17 was published in the Federal 

Register on June 2, 2005 (70 FR 32282), 

with a comment period ending on June 

17, 2005. The final rule for Framework 

17 was published in the Federal 

Register on August 22, 2005 (70 FR 

48860). Details about the measures 

established through Framework 17 are 

discussed in detail in those documents 

and are not repeated here. 

Framework 17 requires all general 

category vessels that land, or intend to 

land, more than 40 lb (18.14 kg) of 

shucked or 5 bu (176.2 L) of unshucked 

scallops, to install and operate a VMS 

onboard the vessel. The use of VMS is 

expected to assist NMFS monitor 

general category vessel activity and 

facilitate the enforcement of the 

possession limit regulations. Because of 

the cost of installing and operating 

VMS, the requirement may also help 

NMFS distinguish the active fleet of 

general category vessels that target 

scallops from the inactive fleet of 

permitted vessels. Since VMS will 

provide better data for fishery 

management, the data is of particular 

importance to help identify areas that 

are more frequently targeted by small 

vessels fishing outside of the typical 

scallop fishing areas (e.g., inshore areas 

of the Gulf of Maine). The transmission 

of location information through VMS 

could also assist U.S. Coast Guard 

search and rescue operations by 

automatically tracking vessel position. 

In order to administer and effectively 

enforce the new VMS requirement for 

general category vessels, Framework 17 

established a new general category 

scallop permit designation under 

NMFS’s Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), section 305(d) 

authority. Framework 17 requires vessel 

owners requesting general category 

scallop permits to determine whether 

they will fish under the non-VMS 

general category vessel permit, which 

authorizes the possession of up to 40 lb 

(18.14 kg) of shucked or 5 bu (176.2 L) 

of unshucked scallops, or under the 

VMS general category vessel permit, 

which authorizes the possession of up 

to 400 lb (181.44 kg) of shucked or 50 

bu (17.62 hL) of unshucked scallops. 

Vessel owners who have not submitted 

a completed application for a VMS 

general category vessel permit by 

December 1, 2005, will be issued a nonVMS general category vessel permit at 

that time. Vessel owners may change 

from one general scallop permit 

category to another within 45 days of 

the issuance of the new general category 

vessel permit. 

The response by general category 

scallop vessels for purchase and 

installation of VMS units has been 

higher than expected by the Council and 

NMFS. Marine electronics dealers that 

install VMS units are reportedly having 

difficulty meeting the higher than 

expected purchase and installation 

demand. In order to provide a 

reasonable period of time for vessel 

owners to come into compliance with 

the new requirements, and to avoid a 

disruption in fishing activity by general 

category scallop vessels, this action 

delays the effective date of the 

provisions related to the new VMS 

requirements until December 1, 2005. 

The prior effective date of October 21, 

2005, did not allow sufficient time to 

come into compliance. Without an 

extension of the effective date, vessels 

intending to fish for more than 40 lb 

(18.14 kg) of shucked scallops or 5 bu 

(176.2 L) of unshucked scallops would 

be prohibited from doing so until they 

are able to install and activate a VMS, 

or be subject to an enforcement action 

through no fault of their own. This rule 

also clarifies that, in order to be issued 

the VMS general category vessel permit, 

a vessel owner is required to either 

submit a copy of the vendor’s 

installation receipt or provide 

verification of vendor activation from a 

NMFS-approved VMS vendor. 

Classification 

The RA determined that Framework 

Adjustment 17 is necessary for the 

conservation and management of the 

Atlantic sea scallop fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The AA had determined that good 

cause exists to waive prior notice and 

opportunity for public comment 

pursuant to 5 U.S.C 553(b)(B) because it 

would be impracticable and contrary to 

the public interest. Given the 

imminence of the effective date, seeking 

prior public comment on this temporary 

stay would have been impracticable, as 

well as contrary to the public interest in 

the orderly promulgation and 

implementation of regulations. Since 

electronics dealers cannot meet the 

higher than expected demand for VMS 

units, vessels would not be able to 

comply with the VMS requirements by 

the October 21, 2005, effective date. 

Through no fault of their own, vessels 

that would have otherwise complied 

with the October 21, 2005, effective 

date, but could not acquire VMS units, 

would be prohibited from fishing for 

more than 40 lb (18.14 kg) of shucked 

scallops or 5 bu (176.2 L) of unshucked 

scallops or would be subject to 

enforcement action. In addition, the 

revised regulatory text in this rule 

clarifies that vessel owners can install 

VMS units themselves as long as 

activation of the VMS through the 

vendor is verified. In conversations with 

owners who have sought installation 

from a vendor, but have not yet been 

able to get their VMS units installed, 

NMFS has learned that some owners are 

able to install the units themselves. 

Accordingly, the revised regulatory text 

in this rule clarifies that vessel owners 

can install VMS units themselves as 

long as approved vendors subsequently 

provide proof of activation. This will 

speed up the process of allowing all 

vessels seeking VMS units to have them 

installed in the most timely fashion, and 

may move vessel owners who cannot 

self-install up in the queue, thereby 

ensuring that all affected vessels are in 

compliance in the shortest timeframe 

possible. Any delay of this clarification 

will undermine its purpose of bringing 

the most vessels into compliance in the 

shortest time possible. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

This final rule modifies the effective 

date for new collection-of-information 

requirements approved by OMB under 

the Paperwork Reduction Act (PRA). 

These new requirements apply to 

general category scallop vessels only 

(the requirements already exist for and/ 

or do not apply to other scallop vessels). 

Public reporting burdens for these 

collections of information are estimated 

to average as follows: 

Federal Register / Vol. 70, No. 203 / Friday, October 21, 2005 / Rules and Regulations 61235 

1. Purchase and installation of VMS 

units, OMB control number 0648–0529 

(1 hr per response); 

2. Verification of VMS units, OMB 

control number 0648–0529 (5 min per 

response); 

3. Notification and application for 

appropriate general category permit 

designation, OMB control number 

0648–0529 (30 min per response); 

4. VMS power-down notification, 

OMB control number 0648–0529 (2 min 

per response); and 

5. VMS re-power and trip notification, 

OMB control number 0648–0529 (2 min 

per response). 

These estimates include the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

information. 

Public comment is sought regarding: 

Whether this collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; the accuracy of the 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information, including through the use 

of automated collection techniques or 

other forms of information technology. 

Send comments on these or any other 

aspects of the collection of information 

to NMFS and to OMB (see ADDRESSES). 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: October 18, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.4, paragraphs (a)(2)(ii)(B) 

through (E) are revised to read as 

follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(2) * * * 

(ii) * * * 

(B) VMS general scallop permit. To 

possess or land more than 40 lb (18.14 

kg) of shucked meats or 5 bu (176.2 L) 

of in-shell scallops, but no more than 

400 lb (181.44 kg) of shucked meats, or 

50 bu (17.62 hL) of in-shell scallops, a 

vessel must apply for and be issued a 

VMS general scallop permit. Issuance of 

a VMS general scallop permit requires 

the vessel owner to submit a copy of the 

vendor’s installation receipt or provide 

verification of vendor activation from a 

NMFS-approved VMS vendor as 

described in § 648.9. 

(C) Vessels without general scallop 

permits. No scallop permit is required 

for a vessel that possesses or lands up 

to 40 lb (18.14 kg) of shucked meats or 

5 bu (176.2 L) of in-shell scallops per 

trip, provided such scallops are not, or 

are not intended to be, sold, traded or 

bartered. 

(D) General scallop permit category 

designation. The owner of a vessel 

issued a general scallop permit for the 

2005 fishing year is required to 

complete and submit an application to 

the Regional Administrator for the 

permit specified in paragraph 

(a)(2)(ii)(B) of this section. There is a 30- 

day processing period for vessel permit 

applications, thus, to ensure that 

permits are issued by the effective date 

of these requirements, such applications 

should be submitted by November 1, 

2005. Vessels shall be issued the 

appropriate permit category by 

December 1, 2005, based on the 

application submitted by the vessel 

owner. Initial general scallop permit 

category designations are effective 

December 1, 2005. A vessel owner who 

fails to submit either a copy of the 

vendor’s installation receipt from a 

NMFS-approved VMS vendor as 

described in 648.9 or provide proof of 

vendor activation of the VMS unit by 

December 1, 2005, shall automatically 

be issued the non-VMS general scallop 

permit. If no application is received by 

December 1, 2005, for vessels previously 

issued a general scallop permit for the 

2005 fishing year, such vessels shall be 

reissued non-VMS general scallop 

permits. Vessel owners may request a 

change in permit category for their 

general category vessel no later than 

January 15, 2006. Requests to change 

categories must include a complete 

application as described above. 

(E) General scallop permit 

restrictions. A vessel may be issued a 

general scallop permit in only one 

category during a fishing year. The 

owners of a vessel issued a general 

scallop permit must elect a permit 

category upon the vessel’s permit 

application and shall have one 

opportunity to request a change in its 

permit category by submitting an 

application to the Regional 

Administrator within 45 days of the 

effective date of the vessel’s permit. 

After that date, the vessel must remain 

in that permit category for the duration 

of the fishing year. 

* * * * * 

[FR Doc. 05–21179 Filed 10–19–05; 11:56 

am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050819225–5257; I.D.080505A] 

RIN 0648–AS59 

Fisheries off West Coast States and in 

the Western Pacific; Coastal Pelagic 

Species Fisheries; Annual 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

implement the annual harvest guideline 

for Pacific mackerel in the U.S. 

exclusive economic zone (EEZ) off the 

Pacific coast. The Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) and its implementing regulations 

require NMFS to set an annual harvest 

guideline for Pacific mackerel based on 

the formula in the FMP. This action 

adopts allowable harvest levels for 

Pacific mackerel off the U.S. Pacific 

coast. 

DATES: Effective November 21, 2005. 

ADDRESSES: The report Assessment of 

the Pacific Mackerel (Scomber 

japonicus) Stock for U.S. Management 

in the 2005–2006 Season may be 

obtained from Rodney R. McInnis, 

Regional Administrator, Southwest 

Region, NMFS, 501 West Ocean 

Boulevard, Suite 4200, Long Beach, CA 

90802. A regulatory impact review/ 

regulatory analysis may be obtained at 

this same address. 

FOR FURTHER INFORMATION CONTACT: 

Tonya L. Wick, Southwest Region, 

NMFS, (562) 980–4036. 

SUPPLEMENTARY INFORMATION: The CPS 

FMP, which was implemented by a final