Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63451

amending the definition of ‘‘maintain’’

to include repair as a remedial measure.

We believe AGA’s recommendation

has merit. Operators may indeed choose

to repair some unsafe conditions on

customer piping without shutting off the

gas or advising the customer of the

problem. Such repair would be wholly

consistent with the purpose of

§ 192.16—to promote the safety of

customer piping—and would exceed the

required minimum level of

maintenance. Thus, operator repair

should not be the basis for a charge of

noncompliance with the rule. To

preclude this possibility and clarify the

rule, we have amended § 192.16(a) as

AGA recommends in the second part of

its petition.

Regulatory Analyses and Notices

Executive Order 12866 and DOT

Policies and Procedures

The Office of Management and Budget

(OMB) does not consider this final rule

to be a significant regulatory action

under section 3(f) of Executive Order

12866. Therefore, OMB did not review

this final rule. Also, DOT does not

consider this final rule to be significant

under its regulatory policies and

procedures (44 FR 11034, February 26,

1979). Because this final rule merely

clarifies an existing rule, the economic

impact is too minimal to warrant an

evaluation of costs and benefits.

However, an evaluation of the costs and

benefits of the rule revised by this

regulatory action is available for review

in the docket.

Executive Order 12612

We analyzed this final rule under the

principles and criteria in Executive

Order 12612 (‘‘Federalism’’). The final

rule does not have sufficient federalism

impacts to warrant preparation of a

federalism assessment.

Regulatory Flexibility Act

I certify, under Section 605 of the

Regulatory Flexibility Act, that this final

rule will not have a significant

economic impact on a substantial

number of small entities. As explained

in Amendment 192–74 (60 FR 41828,

August 14, 1995), most small entities do

not come under the rule revised by this

regulatory action, and those small

entities that do may exercise very low

cost means of compliance.

List of Subjects in 49 CFR Part 192

Natural gas, Pipeline safety, Reporting

and recordkeeping requirements.

RSPA amends 49 CFR part 192 as

follows:

PART 192—[AMENDED]

1. The authority citation for part 192

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113, and 60118; 49

CFR 1.53.

2. Section 192.16(a) is revised to read

as follows:

§ 192.16 Customer notification.

(a) This section applies to each

operator of a service line who does not

maintain the customer’s buried piping

up to entry of the first building

downstream, or, if the customer’s buried

piping does not enter a building, up to

the principal gas utilization equipment

or the first fence (or wall) that surrounds

that equipment. For the purpose of this

section, ‘‘customer’s buried piping’’

does not include branch lines that serve

yard lanterns, pool heaters, or other

types of secondary equipment. Also,

‘‘maintain’’ means monitor for corrosion

according to § 192.465 if the customer’s

buried piping is metallic, survey for

leaks according to § 192.723, and if an

unsafe condition is found, shut off the

flow of gas, advise the customer of the

need to repair the unsafe condition, or

repair the unsafe condition.

* * * * *

Issued in Washington, DC, on December 4,

1995.

Ana Sol Gutie ́rrez,

Deputy Administrator.

[FR Doc. 95–30032 Filed 12–8–95; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 951128281–5281–01; I.D.

112795A]

Groundfish of the Bering Sea and

Aleutian Islands Area, Trawl Closure

To Protect Red King Crab

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason adjustment; request for

comments.

SUMMARY: NMFS has determined that an

interim closure to all trawling is

necessary in a portion of the Bristol Bay

area of the Bering Sea. The number of

female red king crab in Bristol Bay has

declined to a level that presents a

serious conservation problem for this

stock. To prevent excessive bycatch

rates of Bristol Bay area red king crab,

NMFS is implementing an interim

closure in an area of Bristol Bay to

vessels using trawl gear. This

management measure is intended to

accomplish the objectives of the North

Pacific Fishery Management Council

with respect to fishery management in

the Bering Sea and Aleutian Islands

management area (BSAI).

DATES: Effective January 20, 1996,

through March 31, 1996. Comments

must be submitted by January 10, 1996.

ADDRESSES: Comments may be sent to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

National Marine Fisheries Service, P.O.

Box 21668, Juneau, AK 99802,

Attention: Lori Gravel. The

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory

Flexibility Analysis (EA/RIR/IRFA)

prepared for proposed Amendment 37

to the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area addresses the

action implemented under this inseason

adjustment. Copies of the EA/RIR/IRFA

may be obtained from the North Pacific

Fishery Management Council, 605 W.

4th Ave. Suite 306, Anchorage, AK

99501–2252.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

Fishing for groundfish by U.S. vessels

in the exclusive economic zone of the

BSAI is managed by NMFS according to

the Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP). The

FMP was prepared by the North Pacific

Fishery Management Council (Council)

under the Magnuson Fishery

Conservation and Management Act (16

U.S.C. 1801, et seq.) (Magnuson Act),

and is implemented by regulations

governing the U.S. groundfish fisheries

at 50 CFR parts 675 and 676. General

regulations that also pertain to U.S.

fisheries are codified at 50 CFR part 620.

High prohibited species bycatch rates

may warrant inseason adjustment to

close an area to fishing for groundfish.

Authority for interim closures of a

specific area is outlined under

regulations at § 675.20(e). This inseason

adjustment prohibits fishing for

groundfish by operators of vessels using

trawl gear in that portion of the Bering

Sea that is bounded by a straight line

connecting the following coordinates in

the order listed below from January 20

through March 31, 1996:

56°00′ N.; 162°00′ W.;
63452 Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations

56°00′ N.; 164°00′ W.;

57°00′ N.; 164°00′ W.;

57°00′ N.; 162°00′ W.; and

56°00′ N.; 162°00′ W.

This action is necessary to protect

declining stocks of red king crab and to

prevent an excessive share of red king

crab from being taken by the groundfish

trawl fisheries early in the fishing

season.

The Red King Crab Savings Area

(RKCSA), outlined above, was closed to

vessels using non-pelagic trawl gear by

emergency rule on January 20, 1995 (60

FR 4866, January 25, 1995) to protect

declining stocks of red king crab. At that

time the Council asked staff to further

analyze alternative closure areas that

could be implemented permanently

under an FMP amendment to provide

long-term protection to Bristol Bay red

king crab. At its September 1995

meeting, the Council recommended

implementation of proposed

Amendment 37 to the FMP, an action

similar to the emergency rule. This

includes a closure of the RKCSA to

vessels using non-pelagic trawl gear as

well as an increase in observer coverage.

The Council further expressed its intent

that the closure be implemented in time

for the 1996 trawl season, which starts

January 20, 1996.

NMFS concurs that crab conservation

concerns, as well as excessive red king

crab bycatch rates historically

experienced by the flatfish trawl

fisheries early in the year, warrant

timely action in 1996. Therefore, NMFS

is implementing a modified version of

the Council’s recommended action via

inseason adjustment authority under

regulations at § 675.20(e). NMFS intends

to initiate review of the Council’s

proposed Amendment 37 to the FMP as

quickly as possible. If the amendment is

approved by NMFS, the Council’s

preferred action would be effective for

1997 and beyond.

Under the 1995 emergency rule,

NMFS required increased observer

coverage on vessels fishing for flatfish in

Zone 1 as well as on vessels fishing with

pelagic trawl gear in the RKCSA. The

extra observer coverage on the pelagic

trawl vessels was implemented to

ensure that the crab performance

standard, established for pelagic trawl

operators (§ 675.7(n)), could be

monitored.

At its September 1995 meeting, the

Council recommended that these

increases in observer coverage be

included as part of the proposed action

under Amendment 37. The regulatory

authority for inseason adjustment does

not allow for increases in observer

coverage. Therefore, NMFS is

prohibiting the use of all trawl gear in

the RKCSA for the effective period in

1996 because requirements for increased

observer coverage cannot be

implemented under this inseason

adjustment to assure that the crab

performance standard will be met.

Unlike the emergency rule (60 FR 4866,

January 25, 1995), the pelagic trawl gear

component is unable to fish in the

closed area. However, under the

proposed Amendment 37 the pelagic

trawl gear component would be exempt

from a closure of the RKSCA.

Further justification for the inseason

adjustment under § 675.20(e)(1)(iv)

follows.

Red King Crab Conservation Issues

The number of red king crab in the

Bristol Bay area of the Bering Sea is

declining. Results of the 1994 and 1995

NMFS crab surveys estimated the

number of female red king crab to be

below the threshold number established

in the Fishery Management Plan for the

Commercial King and Tanner Crab

Fisheries of the Bering Sea and Aleutian

Islands Area (Crab FMP). The 1994 and

1995 fishery for red king crab was

closed in Bristol Bay because of the low

abundance of mature female red king

crab. No fishery is anticipated for 1996.

Due to the closure of the Bristol Bay red

king crab fishery, the area east of 163°

W. long. was also closed to C. bairdi

Tanner crab fishing for the 1994–95

season to reduce red king crab bycatch.

A similar situation is likely to occur in

1996. Current regulations at § 675.22(a)

close Federal statistical area 512 to

trawling to protect the red king crab

stock. This closure area was designed to

protect approximately 90 percent of the

mature female red king crab. This

measure was based on the distribution

of female crab in the mid 1980’s. The

current distribution of mature female

crab shows considerable concentrations

between 162° and 164° W. long. and

between 56° and 57° N. lat., the area of

the RKCSA. As a result, closure of the

area encompassed by these coordinates

would prevent excessive bycatch of

female crab.

Based on NMFS’ survey data, the

1994 and 1995 abundance index for

legal-sized male Bristol Bay red king

crab was 5.5 million and 5.3 million

crab, respectively, compared to 7.3

million in 1993. The abundance index

for mature female crab declined from

14.2 million crab in 1993 to 7.5 million

crab in 1994 and 8.4 million crab in

1995. These numbers are below or equal

to the threshold value of 8.4 million

crab established pursuant to the crab

FMP. These declines were corroborated

by the length-based assessment model

that was newly developed by the Alaska

Department of Fish and Game. The

Bristol Bay red king crab stock

continues to suffer from a long period of

low recruitment and sublegal crab

populations are among the lowest on

record.

Crab and Halibut Bycatch in the

Groundfish Trawl Fisheries

The highest bycatch of red king crab

has been from the rock sole/other

flatfish fishery category, especially in

1993 and 1994 when the red king crab

bycatch in Zone 1 was estimated at

134,000 and 193,000 crab, respectively.

During this same period, the bottom

trawl pollock fishery caught the next

highest amount of Zone 1 red king crab

(44,000 and 39,000, respectively). The

yellowfin sole and Pacific cod fisheries

also took some red king crab. Red king

crab bycatch in trawl fisheries tends to

be highest during the first few months

of the year. The location of the red king

crab during this period is coincident

with the spawning rock sole.

Significantly reduced bycatch rates of

red king crab occur in other trawl

fisheries throughout the year.

Data from 1990–94 show that between

20 and 45 percent of the groundfish

catch in the rock sole fishery has come

from within the RKCSA. Between 40

and 70 percent of the red king crab

incidental catch in the rock sole fishery

is taken within this area.

The RKCSA also accounts for between

10 and 45 percent of the halibut

incidental catch in the rock sole fishery.

Although closure of the RKCSA to

protect red king crab stocks would also

reduce halibut bycatch within this area,

relocated fishing effort could result in

similar or higher halibut bycatch rates

in other areas. Fishing effort relocated

from the closure area could also result

in greater bycatch of C. bairdi Tanner

crab. This may cause the rock sole roe

fishery to attain specified halibut and C.

bairdi bycatch allowances more quickly,

which would close the fishery sooner.

The closure of the RKCSA in 1995

was correlated with a dramatic

reduction in red king crab bycatch. In

1992 the rock sole fishery caught

approximately 59,000 red king crab, in

1993 166,154 red king crab, in 1994 the

fishery took 216,821 red king crab. The

rock sole fishery significantly exceeded

its red king crab bycatch allowance in

both 1993 and 1994. In 1995 through the

month of March, the rock sole fishery

took only 19,000 red king crab; an

additional 1,500 crab were taken later in

the year.

Economic Impacts of the Closure

The RKCSA closure could have

economic consequences for the rock
Federal Register / Vol. 60, No. 237 / Monday, December 11, 1995 / Rules and Regulations 63453

sole fishery. Whereas the majority of the

red king crab historically taken in the

rock sole fishery were within the

RKCSA, this area has also provided a

significant percentage of groundfish

catch. The potential impacts of the

closure are made more significant

because of the recent closure of the

Pribilof Islands area to vessels using

trawl gear (§ 675.24(h)). The Pribilof

Islands area has historically been

important to the rock sole fishery.

Appendix 2 to the EA/RIR/IRFA for

Amendment 37 (see ADDRESSES)

contains an economic comparison of the

1993, 1994, and 1995 rock sole fisheries.

This analysis compares the 1993, 1994,

and 1995 rock sole fishery using several

different scenarios (i.e., with and

without the Pribilof Island closure,

different price sets, etc.). As an example,

the 1994 and 1995 fishery data for the

rock sole fishery, accounting for the

closure of the Pribilof Island area in

1995, and using inseason 1994 prices,

indicate that gross and net product

value decreased by 35 percent, bycatch

costs decreased by 51 percent, and net

benefit decreased by 30 percent. The

factors that would determine the effects

of closing the RKCSA in the future will

change. In the future, the adjustment to

such a closure would tend to be less

difficult than in 1995 because the fleet

has the experience of having adjusted to

the emergency rule closure in 1995.

The Council recommended closure of

the RKCSA from January 20 through

March 31. The greatest number of

female red king crab is most likely to be

taken as bycatch during this time.

Inseason closures of an area are

authorized for a period of 60 days,

which would be less than the Council’s

intended closure period. Regulations at

§ 675.20(e)(6) authorize closures beyond

60 days if warranted by available data.

The available scientific information

indicates that the relative distribution

and abundance of female red king crab

in the closure area is high. Large

numbers of red king crab have been

taken from this area by trawling

operations during the early part of the

year when the concentration of female

king crab is high. To ensure that bycatch

of female red king crab is minimized in

the early season trawl fisheries, NMFS

is extending the closure for an

additional 11 days beyond the usual 60-

day effective period, through March 31,

1996. The Regional Director, Alaska

Region, has determined that this interim

closure is based on the best available

scientific information concerning the

seasonal distribution and abundance of

red king crab and the bycatch rates of

red king crab associated with groundfish

trawl fisheries.

Classification

This action is taken under § 672.20(e)

and is exempt from review under E.O.

12866.

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

Dated: December 4, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–30011 Filed 12–08–95; 8:45 am]

BILLING CODE 3510–22–W