2184 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations 

TABLE III.—REPORTED DATA ELEMENT FORMAT—Continued 

Data element Minimum range Accuracy Resolution 

Frontal air bag deployment, nth

stage disposal, right front passenger (y/n).

Yes or No ..................................... N/A ................................................ Yes or No. 

Side air bag deployment, time to 

deploy, driver.

0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Side air bag deployment, time to 

deploy, right front passenger.

0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Side curtain/tube air bag deployment, time to deploy, driver side.0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Side curtain/tube air bag deployment, time to deploy, right side.0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Pretensioner deployment, time to 

fire, driver.

0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Pretensioner deployment, time to 

fire, right front passenger.

0 to 250 ms .................................. ±2 ms ............................................ 1 ms. 

Seat track position switch, foremost, status, driver.Yes or No ..................................... N/A ................................................ Yes or No. 

Seat track position switch, foremost, status, right front passenger.Yes or No ..................................... N/A ................................................ Yes or No. 

Occupant size driver occupant 5th

female size (y/n).

Yes or No ..................................... N/A ................................................ Yes or No. 

Occupant position size right front 

passenger child (y/n).

Yes or No ..................................... N/A ................................................ Yes or No. 

Occupant position classification, 

driver oop (y/n).

Yes or No ..................................... N/A ................................................ Yes or No. 

Occupant position classification, 

right front passenger oop (y/n).

Yes or No ..................................... N/A ................................................ Yes or No. 

Multi-event, number of events (1, 

2).

1 or 2 ............................................ N/A ................................................ 1 or 2. 

Time from event 1 to 2 .................. 0 to 5.0 sec ................................... 0.1 sec .......................................... 0.1 sec. 

Complete file recorded (y/n) .......... Yes or No ..................................... N/A ................................................ Yes or No. 

(b) Acceleration Time-History data 

and format: the longitudinal, lateral, and 

normal acceleration time-history data, 

as applicable, must be filtered either 

during the recording phase or during the 

data downloading phase to include: 

(1) The Time Step (TS) that is the 

inverse of the sampling frequency of the 

acceleration data and which has units of 

seconds; 

(2) The number of the first point 

(NFP), which is an integer that when 

multiplied by the TS equals the time 

relative to time zero of the first 

acceleration data point; 

(3) The number of the last point 

(NLP), which is an integer that when 

multiplied by the TS equals the time 

relative to time zero of the last 

acceleration data point; and 

(4) NLP—NFP + 1 acceleration values 

sequentially beginning with the 

acceleration at time NFP * TS and 

continue sampling the acceleration at 

TS increments in time until the time 

NLP * TS is reached. 

■ 7. Revise § 563.9 to read as follows: 

§ 563.9 Data capture. 

The EDR must capture and record the 

data elements for events in accordance 

with the following conditions and 

circumstances: 

(a) In a frontal or side air bag 

deployment crash, capture and record 

the current deployment data, up to two 

events. The memory for each air bag 

deployment event must be locked to 

prevent any future overwriting of these 

data. 

(b) In a deployment event that 

involves another type of deployable 

restraint (e.g., pretensioners, knee 

bolsters, pedestrian protection, etc.), or 

in a non-deployment event that meets 

the trigger threshold, capture and record 

the current non-deployment data, up to 

two events, subject to the following 

conditions: 

(1) If an EDR non-volatile memory 

buffer void of previous-event data is 

available, the current non-deployment 

event data is recorded in the buffer. 

(2) If an EDR non-volatile memory 

buffer void of previous-event data is not 

available, the manufacturer may choose 

either to overwrite the previous nondeployment event data with the current 

non-deployment event data, or not to 

record the current non-deployment 

event data. 

(3) EDR buffers containing previous 

deployment-event data must not be 

overwritten by the current nondeployment event data. 

Issued: January 8, 2008. 

Nicole R. Nason, 

Administrator. 

[FR Doc. E8–407 Filed 1–11–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070227048–7091–02] 

RIN 0648–XE82 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Modification of 

the Yellowtail Flounder Landing Limit 

for the U.S./Canada Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

change. 

SUMMARY: NMFS announces that the 

Administrator, Northeast (NE) Region, 


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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations 2185 

NMFS (Regional Administrator), is 

decreasing the Georges Bank (GB) 

yellowtail flounder trip limit to 1,500 lb 

(680 kg) for NE multispecies days-at-sea 

(DAS) vessels fishing in the U.S./Canada 

Management Area. This action is 

authorized by the regulations 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

and is intended to prevent over-harvest 

of the Total Allowable Catch (TAC) for 

GB yellowtail flounder. This action is 

being taken under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) to slow the 

catch rate of GB yellowtail flounder to 

provide opportunity for vessels to 

continue fishing while helping to ensure 

that the TAC will not be exceeded 

during the 2007 fishing year (May 1, 

2007 - April 20, 2008). 

DATES: Effective 0001 hours local time 

January 10, 2008, through April 30, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the GB yellowtail 

flounder landing limit within the U.S./ 

Canada Management Area are found at 

§ 648.85(a)(3)(iv)(C) and (D). The 

regulations authorize vessels issued a 

valid Federal limited access NE 

multispecies permit and fishing under a 

NE multispecies DAS to fish in the U.S./ 

Canada Management Area, as defined at 

§ 648.85(a)(1), under specific 

conditions. The TAC for GB yellowtail 

flounder for the 2007 fishing year is 900 

mt. The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to increase or 

decrease the trip limit in the U.S./ 

Canada Management Area to prevent 

over-harvesting or under-harvesting the 

TAC allocation. 

On April 24, 2007 (72 FR 20287), 

based upon the reduced 2007 TAC for 

GB yellowtail flounder (a 43–percent 

reduction from 2006) and projections of 

harvest rates in the fishery, the trip limit 

for GB yellowtail flounder was set at 

3,000 lb (1,361 kg) for the 2007 fishing 

year, to prevent the over-harvest of the 

2007 GB yellowtail flounder TAC, and 

to prevent a premature closure of the 

Eastern U.S./Canada Management Area 

and, therefore, reduced opportunities to 

fish for Eastern GB cod and haddock in 

the Eastern U.S./Canada Area. On 

November 27, 2007, the GB yellowtail 

flounder trip limit was increased to 

7,500 lb (3,402 kg) because the 3,000–

lb (1,361–kg) trip limit was projected to 

result in the under-harvest of the TAC. 

According to the most recent Vessel 

Monitoring System (VMS) reports and 

other available information, the 

cumulative GB yellowtail flounder 

catch, as of January 9, 2008, is estimated 

to be 82 percent of the TAC, with a 

projection that the complete harvest of 

the TAC would occur by January 23, 

2008. Harvest of the GB yellowtail 

flounder TAC would prevent the 

reopening of the Eastern U.S./Canada 

Area to harvest the remaining portions 

of the GB cod and GB haddock TACs. 

Decreasing the GB yellowtail flounder 

trip limit to 1,500 lb (680 kg) from 7,500 

lb (3,402 kg) is expected to reduce the 

number of trips made to the Western 

U.S./Canada Area to target GB 

yellowtail flounder, decrease landings 

of yellowtail flounder without 

increasing discards, and result in the 

achievement of the TAC during the 

fishing year without exceeding it. Based 

on this information, the Regional 

Administrator is decreasing the current 

7,500–lb (3,402–kg) trip limit in the 

U.S./Canada Area to 1,500 lb (680 kg) 

per trip, effective 0001 hours local time 

January 10, 2008, through April 30, 

2008. GB yellowtail flounder landings 

will continue to be closely monitored. 

Further inseason adjustments to 

increase or decrease the trip limit may 

be considered, based on updated catch 

data and projections. Should 100 

percent of the TAC allocation for GB 

yellowtail flounder be projected to be 

harvested, all vessels would be 

prohibited from harvesting, possessing, 

or landing yellowtail flounder from the 

entire U.S./Canada Management Area, 

and the Eastern U.S./Canada Area 

would be closed to limited access NE 

multispecies DAS vessels for the 

remainder of the fishing year. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment; as well as the delayed 

effectiveness for this action, because 

prior notice and comment, and a 

delayed effectiveness, would be 

impracticable and contrary to the public 

interest. The regulations under 

§ 658.85(a)(3)(iv)(D) grant the Regional 

Administrator the authority to adjust the 

GB yellowtail flounder trip limit to 

prevent over-harvesting or underharvesting the TAC allocation. This 

action would reduce the GB yellowtail 

trip limit for all NE multispecies DAS 

vessels fishing in the U.S./Canada 

Management Area for the remainder of 

the 2007 fishing year. This action is 

intended to prevent the over-harvest of 

the GB yellowtail flounder TAC while 

allowing continued opportunities to 

achieve optimum yield in the NE 

multispecies fishery. 

This action is authorized by the 

regulations at § 648.85(a)(3)(iv)(D). It is 

important to take this action 

immediately because the rapid catch 

rate observed since implementing the 

7,500–lb (3,402–kg) GB yellowtail 

flounder trip limit on November 27, 

2007, is projected to result in the TAC 

being achieved on January 23, 2008. 

This would require that the Eastern 

U.S./Canada Area remain closed for the 

remainder of the 2007 fishing year, 

preventing the reopening the Eastern 

U.S./Canada Management Area to 

harvest the remaining portions of the GB 

cod and GB haddock TACs. Allowing 

the current rapid catch rate (33 percent 

of the TAC was caught between 

December 6, 2007, and January 3, 2008) 

to continue during the period necessary 

to publish and receive comments on a 

proposed rule could potentially allow 

the GB yellowtail flounder harvest to 

exceed the GB yellowtail flounder TAC 

for the 2007 fishing year. Exceeding the 

2007 TAC for GB yellowtail flounder 

would increase mortality of this 

overfished stock beyond that evaluated 

during the development of Amendment 

13, resulting in decreased revenue for 

the NE multispecies fishery, increased 

negative economic impacts to vessels 

operating in the U.S./Canada Area, a 

reduced chance of achieving optimum 

yield in the groundfish fishery, and 

unnecessary delays to the rebuilding of 

this overfished stock. Exceeding the 

2007 GB yellowtail flounder TAC would 

also necessitate that any overages during 

the 2007 fishing year be deducted from 

the GB yellowtail TAC for the 2008 

fishing year. Reducing the 2008 TAC 

due to any 2007 TAC overage caused by 

delaying this action would create an 

unnecessary burden on the fishing 

industry and further negative economic 

and social impacts that were not 

previously considered. 

The potential of decreasing the GB 

yellowtail flounder trip limit was 

announced to the public when the 

7,500–lb (3,402–kg) trip limit was 

implemented on November 27, 2007. 

Further, the public is able to obtain 

information on the rate of harvest of the 

GB yellowtail flounder TAC via the 

Northeast Regional Office website 

(http://www.nero.noaa.gov), which 

provides at least some advanced notice 

of a potential action to prevent the TAC 

for GB yellowtail flounder from being 

exceeded during the 2007 fishing year. 

The Regional Administrator’s authority 

to decrease the trip limit for GB 


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2186 Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Rules and Regulations 

yellowtail flounder in the U.S./Canada 

Management Area to ensure the shared 

U.S./Canada stocks of fish are harvested, 

but not exceeded, was considered and 

open to public comment during the 

development of Amendment 13 and FW 

42. Therefore, any negative effect the 

waiving of public comment and delayed 

effectiveness may have on the public is 

mitigated by these factors. 

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

Dated: January 9, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–91 Filed 1–9–08; 12:57 pm] 

BILLING CODE 3510–22–S 


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