15512 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

Administrative Procedure Act does not

require submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 582

Administrative practice and

procedure, Insurance, Motor vehicles.

In consideration of the foregoing,

NHTSA amends 49 CFR part 582 as

follows:

PART 582—[AMENDED]

1. The authority citation for part 582

is revised to read as follows:

Authority: 49 U.S.C. 32303; delegation of

authority at 49 CFR 1.50(f).

2. Section 582.5 is revised to read as

follows:

§ 582.5 Information form.

The information made available

pursuant to § 582.4 shall be presented in

writing in the English language and in

not less than 10-point type. It shall be

presented in the format set forth below,

and shall include the complete

explanatory text and the updated data

published annually by NHTSA.

MARCH [YEAR TO BE INSERTED]

COMPARISON OF DIFFERENCES IN

INSURANCE COSTS FOR PASSENGER

CARS, STATION WAGONS/PASSENGER

VANS, PICKUPS AND UTILITY VEHICLES

ON THE BASIS OF DAMAGE

SUSCEPTIBILITY

The National Highway Traffic Safety

Administration (NHTSA) has provided the

information in this booklet in compliance

with Federal law as an aid to consumers

considering the purchase of a new vehicle.

The booklet compares differences in

insurance costs for different makes and

models of passenger cars, station wagons/

passenger vans, pickups, and utility vehicles

on the basis of damage susceptibility.

However, it does not indicate a vehicle’s

relative safety.

The following table contains the best

available information regarding the effect of

damage susceptibility on insurance

premiums. It was taken from data compiled

by the Highway Loss Data Institute (HLDI) in

its December [YEAR TO BE INSERTED]

Insurance Collision Report, and reflects the

collision loss experience of passenger cars,

utility vehicles, light trucks, and vans sold in

the United States in terms of the average loss

payment per insured vehicle year for [THREE

APPROPRIATE YEARS TO BE INSERTED].

NHTSA has not verified the data in this table.

The table represents vehicles’ collision loss

experience in relative terms, with 100

representing the average for all passenger

vehicles. Thus, a rating of 122 reflects a

collision loss experience that is 22 percent

higher (worse) than average, while a rating of

96 reflects a collision loss experience that is

4 percent lower (better) than average. The

table is not relevant for models that have

been substantially redesigned for [YEAR TO

BE INSERTED], and it does not include

information about models without enough

claim experience.

Although many insurance companies use

the HLDI information to adjust the ‘‘base

rate’’ for the collision portion of their

insurance premiums, the amount of any such

adjustment is usually small. It is unlikely

that your total premium will vary more than

ten percent depending upon the collision

loss experience of a particular vehicle.

If you do not purchase collision coverage

or your insurance company does not use the

HLDI information, your premium will not

vary at all in relation to these rankings.

In addition, different insurance companies

often charge different premiums for the same

driver and vehicle. Therefore, you should

contact insurance companies or their agents

directly to determine the actual premium that

you will be charged for insuring a particular

vehicle.

Please Note: In setting insurance

premiums, insurance companies mainly rely

on factors that are not directly related to the

vehicle itself (except for its value). Rather,

they mainly consider driver characteristics

(such as age, gender, marital status, and

driving record), the geographic area in which

the vehicle is driven, how many miles are

traveled, and how the vehicle is used.

Therefore, to obtain complete information

about insurance premiums, you should

contact insurance companies or their agents

directly.

Insurance companies do not generally

adjust their premiums on the basis of data

reflecting the crashworthiness of different

vehicles. However, some companies adjust

their premiums for personal injury protection

and medical payments coverage if the

insured vehicle has features that are likely to

improve its crashworthiness, such as air bags

and automatic seat belts.

Test data relating to vehicle

crashworthiness are available from NHTSA’s

New Car Assessment Program (NCAP). NCAP

test results demonstrate relative frontal crash

protection in new vehicles. Information on

vehicles that NHTSA has tested in the NCAP

program can be obtained by calling the

agency’s toll-free Auto Safety Hotline at (800)

424–9393.

[Insert Table To Be Published Each March by

the National Highway Traffic Safety

Administration]

If you would like more details about the

information in this table, or wish to obtain

the complete Insurance Collision Report,

please contact HLDI directly, at: Highway

Loss Data Institute, 1005 North Glebe Road,

Arlington, VA 22201, Tel: (703) 247–1600.

Issued on: March 20, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95–7266 Filed 3–23–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 227

[Docket No. 950309069–5069–01; I.D.

060694A]

RIN 0648–AG71

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawling

Activities; Flotation Device

Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendments.

SUMMARY: NMFS issues this final rule to

require shrimp trawlers using Turtle

Excluder Devices (TEDs) in the Gulf and

Atlantic Areas to attach specified

flotation devices to hard TEDs or special

hard TEDs with bottom escape

openings. This action is necessary to

improve the ability of bottom-opening,

hard TEDs, and special hard TEDs to

safely exclude sea turtles. In addition,

NMFS is making technical amendments

to the sea turtle conservation regulations

to expand TED configuration options or

to clarify gear descriptions, thereby

reducing the chances of incidental

capture and mortality of endangered

and threatened sea turtles.

EFFECTIVE DATE: This rule is effective

March 31, 1995, except for

§ 227.72(e)(4)(i)(I)(2)(ii), which contains

information collection requirements that

have not yet been approved by the

Office of Management and Budget

(OMB). Once OMB approves these

requirements, a document will be

published in the Federal Register

announcing the effective date.

ADDRESSES: Requests for a copy of the

environmental assessment (EA)

prepared for this action, and comments

on this action, should be addressed to

the Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, Chief, Protected

Species Management Branch, NMFS,

Southeast Region (813/570–5312), or

Barbara Schroeder, Acting National Sea

Turtle Coordinator, NMFS Office of

Protected Resources (301/713–1401).

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15513

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened,

except for breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, which are listed as

endangered.

The incidental take and mortality of

these species, as a result of shrimp

trawling activities, have been

documented in the Gulf of Mexico and

along the Atlantic seaboard. Under the

ESA and its implementing regulations,

taking sea turtles is prohibited, with

exceptions identified in 50 CFR 227.72.

Existing sea turtle conservation

regulations (50 CFR part 227, subpart D)

require most shrimp trawlers operating

in the Gulf and Atlantic areas to have a

NMFS-approved TED installed in each

net rigged for fishing, year round. The

required use of TEDs has significantly

reduced shrimp trawler related

mortalities of sea turtles.

NMFS regulations also set forth

criteria for allowable modifications to

NMFS-approved TEDs including the use

of flotation devices. Under 50 CFR

227.72(e)(4)(iv)(A), floats may be

attached to TEDs only if they are

attached to the outside of the net or

inside the net behind the rear surface,

at the top of the TED. They may not be

attached to a flap. In previous TED

certification tests, bottom-opening,

single-grid TEDs were tested with

flotation. However, because it was not

previously evident to NMFS gear

specialists that the lack of flotation on

bottom-opening TEDs may prevent

turtle release if used in certain ways,

flotation was not required.

Interim Final Rule

NMFS issued an interim final rule,

with a request for comments, requiring

the use of floats on bottom-opening

single-grid TEDs (59 FR 33447,

June 29, 1994). NMFS issued an

interim final rule because delaying

issuance of a flotation requirement to

provide prior notice and an opportunity

for public comment would likely result

in lethal takings of endangered and

threatened sea turtles. As discussed in

the interim rule, there is information

that the lack of flotation on bottomopening hard TEDs is likely preventing

sea turtles from safely exiting the trawls.

For the same reasons, the interim rule

was made effective with only a 14-day

delay in effective date rather than the

normal 30-day delay.

Comments and Responses on the

Interim Final Rule

NMFS received numerous comments

on the interim final rule, both from

participants in meetings with NMFS

personnel and by letter. NMFS reviewed

all the comments and combined them

under general categories provided

below.

Comment: Although the

implementation of the flotation

requirement alone did not appear to

substantially reduce turtle mortalities in

the Gulf of Mexico during the summer

of 1994, the use of floats should still be

required because less experienced

shrimp vessel operators may drag their

nets on the bottom, resulting in sea

turtle capture as well as unnecessary

damage to trawl nets.

Response: NMFS agrees. The

combination of the flotation

requirement with heightened

enforcement efforts during the periods

of high sea turtle strandings in the Gulf

of Mexico resulted in significant

reductions in sea turtle mortalities

during the summer of 1994. Thus, with

some alterations to the flotation

specifications, NMFS is making the

flotation requirement a permanent

addition to the TED regulations.

Comment: The delayed

implementation of the interim final rule

was shortened from the normal 30-day

period to 14 days. This short period did

not provide shrimpers with sufficient

time to comply with flotation

requirement.

Response: The Administrative

Procedure Act (APA) provides that the

publication of a rule shall be made not

less than 30 days before its effective

date, except as otherwise provided by

the agency for good cause found and

published with the rule (see 5 U.S.C.

553(d)). In this case, NMFS determined

that good cause existed to reduce the

delayed effective date from 30 days to

14 days because delayed

implementation of the flotation

requirement would have likely resulted

in lethal takings of endangered and

threatened sea turtles. In addition,

NMFS gear experts noted that most

shrimpers already possessed the

inexpensive floats required. Finally,

notice of the flotation requirement was

informally given weeks before the

effective date of the rule when NMFS

staff met with members of the shrimping

industry and media to request voluntary

compliance with the flotation

requirement.

Comment: Required use of floats will

cause nets to twist. Twisted nets could

result in lost catch and possible

entanglement of sea turtles.

Response: NMFS gear experts met and

traveled with members of the shrimp

fishery who reported twisted nets

resulting from floats on the TEDs. NMFS

gear experts have noted that a net that

is set with a twist in it is unlikely to

untwist itself during the course of

fishing, if floats are attached.

Conversely, a properly set net with

floats on the TED will not become

twisted. In thousands of hours of TED

testing, NMFS has never experienced a

problem with twisting TEDs. NMFS

believes that if proper care is taken

when setting nets with TEDs with floats,

net twisting can be prevented.

Comment: The requirement to use two

polyvinyl chloride (PVC) floats on larger

TEDs should not be applied to trawlers

in shallow waters, as too much flotation

will cause the net to fish too far off the

bottom, resulting in lost catch.

Response: The interim final rule

specified required flotation for a singlegrid TED with a circumference of 120

inches (304.8 cm) or more to consist of

a minimum of either one 9.8 inch (25.0

cm) diameter hard plastic or aluminum

float or two 6.75 inches (17.2 cm) by

8.75 inches (22.2 cm) expanded PVC

floats. Two PVC floats were required

because PVC becomes compressed in

deep water and loses buoyancy. While

two PVC floats may provide excess

flotation in shallow water, the same

floats will provide adequate buoyancy

in deeper water to ensure the TED does

not drag on the bottom.

NMFS does not believe that this rule

should be revised to create different

requirements in different water depths

because water depth requirements

would be largely unenforceable. NMFS

recommends that trawlers working in

shallow waters switch to aluminum or

hard plastic floats. In addition, the final

rule provides options for shrimpers to

use marked floats that would match the

buoyancy of the TED, so that the

problem of excessive flotation could be

avoided. 50 CFR 227.72(e)(4)(i)(I)(2)

allows shrimp fishermen to use floats of

size and in any combination so that the

combined buoyancy of the floats equals

or exceeds that of the TED, as long as

both the floats and TEDs have proper

markings indicating their weight or

buoyancy.

Comment: Tongue trawls (bib-type

trawls) with hard TEDs should be

exempt from the flotation requirement

because the bib line on these nets

normally would keep the TED from

dragging on the bottom. The use of

floats with this type of net would cause

the net to fish off the bottom, reducing

the catch.

Response: NMFS agrees that extra

flotation might cause a tongue trawl to
15514 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

fish too high when the center bridle line

is tight. However, there is no way to

determine how the line is being handled

in the water: A slack center bridle line

would allow the TED to drag on the

bottom. Enforcement officers would be

unable to effectively enforce any such

exemption and ensure protection for sea

turtles. Consequently, NMFS does not

believe that tongue trawls should be

exempt for the requirement to use floats.

Comment: Aluminum TEDs should be

exempt from the flotation requirement.

TEDs made from hollow, welded

aluminum tubing can be positively

buoyant, and light-weight aluminum

rod constructions would not need

additional flotation.

Response: In a June 14, 1994 news

release, NMFS requested that shrimpers

voluntarily attach flotation to bottomopening hard TEDs, except those

constructed of aluminum tubing. NMFS

made this request prior to publication of

the interim final rule, and at that time

believed that floats may not be

necessary on aluminum TEDs. Further

investigation by NMFS gear experts,

however, revealed that aluminum

single-grid TEDs also require

supplemental flotation for proper

buoyancy.

While hollow tube TEDs can retain

air, all welds must be watertight. In the

course of normal wear-and-tear, it is

impossible to ensure that the welds will

be able to exclude water under high

hydrostatic pressure at fishing depths.

The experience of NMFS enforcement

personnel is that hollow TEDs can and

do flood under actual use.

NMFS’ experience with solid rod

aluminum TEDs is that they, too, need

flotation to achieve neutral buoyancy.

NMFS divers have filmed solid

aluminum single-grid TEDs dragging

hard on the bottom when insufficient

flotation is used. Therefore, NMFS

included aluminum TEDs in the

flotation requirement in both the

interim final rule and this final rule.

NMFS does recognize that the interim

rule may have required too much

flotation on TEDs that are constructed of

very light materials. Likewise, too little

flotation may have been required on

TEDs that are constructed of very heavy

materials. To address that problem, this

final rule includes a provision for

matching the buoyancy of the floats to

the weight of each TED.

Comment: The specifications in the

interim rule, based on the physical

dimensions of the floats, do not allow

for the use of floats of different shapes

and sizes or multiple, smaller floats

whose buoyancy may be equivalent.

Fishermen who attempted to use other

types and combinations of floats were

complying with the intent of the

regulation, but were not complying with

the letter of the regulation.

Response: NMFS agrees that there are

many possible combinations of floats

that would produce sufficient buoyancy

to prevent TEDs from dragging on the

bottom, and trapping sea turtles. When

the buoyancy of each float can be easily

determined, allowing the use of

different numbers and sizes of floats

would provide much greater flexibility

to shrimpers in configuring their gear,

based on their personal experience and

preference. Therefore, provisions for the

use of various combinations of floats of

marked buoyancy have been

incorporated in this final rule at 50 CFR

227.72(e)(4)(i)(I)(3).

Comment: Expanded ethylene vinyl

acetate (EVA) should be considered as

an alternative float material. Expanded

EVA has the same characteristics as

expanded PVC.

Response: NMFS agrees that floats

constructed of expanded EVA could be

used in place of expanded PVC.

Provisions for the use of expanded EVA

floats have been incorporated in this

final rule.

Final Rule and Changes From the

Interim Final Rule

As a result of comments and

recommendations received, the final

rule differs from the interim rule in

several areas.

1. The interim final rule required

flotation on only bottom-opening singlegrid hard TEDs because these TEDs are

the ones most frequently used and an

need to rapidly address the emergency

situation presented by the strandings

last spring. Bottom-opening hooped

hard TEDs and bottom-opening Jones

TEDs which make up only a small

portion of TEDs in use, also have the

same dragging problem. Therefore, the

final rule extends the flotation

requirement to all bottom-opening hard

and special hard TEDs, including

hooped hard TEDs and a single special

hard TED, the Jones TED.

2. The final rule allows for the use of

floats constructed from expanded EVA

as an alternative to floats constructed

from expanded PVC. NMFS gear experts

determined that the characteristics of

expanded EVA are substantially similar

to expanded PVC. Allowance of this

material expands the options available

to fishermen to comply with this rule.

3. The interim final rule specified

required flotation solely on the basis of

the size of the floats and the

circumference of the TED. These

measurements provide useful and

enforceable approximations of the

buoyancy provided by the floats and the

buoyancy required by the TED. They do

not, however, provide a means for

exactly matching the weight of the TED

to the buoyancy, nor do they provide for

the use of equivalent amounts of

flotation by floats that do not meet the

size specifications. The final rule

provides three alternatives by which

shrimpers can comply with the

requirement to use floats. These

alternatives address many of the

comments expressed above and provide

for maximum flexibility for shrimp

fishermen. The first alternative, 50 CFR

227.72(e)(4)(i)(I)(1), provides the same

requirement as that of the interim rule

with respect to amount of flotation for

TEDs with a circumference of 120

inches or greater and for TEDs with a

smaller circumference.

The second alternative, 50 CFR

227.72(e)(4)(i)(I)(2), provides that floats

of any size and in any combination may

be attached so that the combined

buoyancy of the floats equals or exceeds

the weight of the TED provided that the

floats and TEDs are marked by the

manufacturers with their buoyancy and

weight as specified in the regulation.

NMFS has held informal discussions

with some TED and float manufacturers

who indicated that, while marked floats

and TEDs are currently not generally

available, they could be produced

without great difficulty. NMFS believes

that marked floats and TEDs will

become more widely available, as

manufacturers respond to demand from

fishermen for labeled gear that will

enable them to comply with this

provision. Furthermore, previously

manufactured TEDs may be weight

marked by returning them to a

registered manufacturer. By simply

adding up the flotation values of the

floats used and comparing that value to

the imprinted weight of the TED, both

fishermen and enforcement officials can

quickly and easily determine whether

sufficient flotation is being used to

prevent bottom-opening TEDs from

entrapping turtles. At the same time,

shrimpers can be assured that they are

not using excess flotation, which could

result in handling difficulties or

decreased catches.

The third alternative, at 50 CFR

227.72(e)(4)(i)(I)(3), provides for the use

of floats of any size and in any

combination, provided that the floats

are marked as required, to achieve a

certain buoyancy based on the

circumference of the TED. This

provision is established in order to

increase the flotation options available

before weight-marked TEDs become

widely available in the industry. By

allowing shrimpers to select different

sizes and combinations of floats based
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15515

on their buoyancy, the final rule

provides more flexibility in customizing

gear for optimum handling. As an

example, shrimpers may elect to use

two smaller floats offset to the sides to

stabilize the TED rather than one large

float.

Technical Amendments to TED Gear

Descriptions

A number of technical amendments

are made to the sea turtle regulations to

expand the options of shrimpers in

configuring TEDs or to clarify previous

gear descriptions.

1. The maximum allowable grid angle

for hard TEDs is increased from 50° to

55°. A TED’s optimum grid angle, both

for turtle exclusion and shrimp

retention, is 45°. Following proper

installation of a single-grid hard TED or

special hard TED in a new net, regular

break-in and stretching of the net will

cause the grid to sag, decreasing the grid

angle by up to 10°. Therefore, increasing

the maximum grid angle to 55° allows

TEDs to be installed in new nets so that

the optimum grid angle of 45° will be

achieved after the net is broken in.

2. The requirements for escape

openings on hard TEDs are clarified to

prevent the possibility of turtle

entrapment. The original requirements

only specified an overall size for the

escape opening. With certain TEDs,

however, an escape opening could be

cut that matched the regulatory

specifications but that still left pockets

of net webbing at the bottom edge of the

TED that could entangle and trap a

turtle. The technical amendment

specifies the minimum amount of trawl

net webbing material that must be cut

along the face of the TED grid, though

the existing requirements for minimum

escape openings remain unchanged.

This will ensure that the escape opening

is not restricted at the face of the TED.

The cut in the trawl webbing for the

escape opening cannot be narrower than

the outside width of the grid minus 8

inches (20.4 cm). In other words, the

width of the cut in the trawl webbing

along the face of the grid must extend

on either side to within 4 inches (12.2

cm) of the maximum outside width of

the grid. Figure 13 illustrates the

dimensions for the cut.

3. The use of chafing webbing gear

with bottom-opening TEDs, previously

an allowable modification for hard TEDs

used only in the summer flounder trawl

fishery, is made an allowable

modification for hard TEDS used in all

trawl fisheries in which TEDs are

required. Additionally, the materials

which may be used and the method of

attachment of the webbing chafing gear

are specified.

4. The use of door frames on the

exiting openings of hooped hard TEDs

is no longer allowed. Continuing

evaluation of TED technology by NMFS

revealed that the use of a metal frame

door frame on hooped hard TEDs may

interfere with the release of small

turtles. This change is believed to be

beneficial to sea turtles and to have a

negligible impact on fishermen. Doors

on existing hooped hard TEDs can be

easily removed at the hinges or sawed

off, and a webbing flap may be used to

cover the escape opening.

5. The method of attachment of the

escape opening webbing flap is clarified

to state that the sides of the webbing

flap may be attached to the trawl

webbing no farther back than the row of

meshes which lies 6 inches (15.2 cm)

behind the posterior edge of the grid.

This description is much clearer than

the previous description, and is

therefore easier to comply with and

enforce.

6. The requirements for the escape

opening of the Taylor soft TED are

changed. The minimum width of the

forward edge of the escape opening is

reduced from 96 inches (244 cm) to 72

inches (183.6 cm). The initial

certification testing of the Taylor TED

was conducted on a TED with the 72–

inch (183.6–cm) forward edge, and that

TED met NMFS certification

requirements. Therefore, the description

of the Taylor TED is changed to reflect

the originally certified gear. Provisions

remain in the Taylor TED description,

however, for increasing the forward

edge of the escape opening of the Taylor

TED to 96 inches (244 cm) in order to

permit the exclusion of leatherback

turtles.

7. The method of attachment of an

accelerator funnel forward of a hard

TED is clarified. A funnel may be

inserted immediately forward of the

TED if its rear edge does not extend past

the bars of the TED. The leading edge

of the funnel may be sewn to the trawl

around its entire circumference; the

trailing edge of the funnel may be

attached to the TED along 1/3 of the

circumference of the funnel, on the side

opposite the escape opening.

8. The description of the Andrews soft

TED is changed to allow more flexibility

in the construction of the TED. The

Andrews TED is described as a webbing

funnel within the trawl, and for the

purposes of the regulation, the bottom

panel of the trawl net may be

incorporated as the bottom panel of the

funnel. This change requires the bottom

edge of the side panels of the funnel to

be sewn to the bottom panel of the

trawl, if the bottom panel of the trawl

is being used as the bottom panel of the

funnel. Andrews TEDs constructed in

this way should not have any

deleterious effect on turtles compared to

full-funnel Andrews TEDs, as the

bottom panel of the trawl is a much

smaller mesh size than the TED itself,

and would not likely entangle turtles.

In addition, the requirement is

deleted that the rear edge of the

Andrews TED funnel extend to within

20 inches (50.8 cm) of the net extension.

This requirement did not reflect the

originally certified TED and made

Andrews TEDs difficult to construct.

9. The use of roller gear with hard

TEDs and special hard TEDs is allowed.

Rollers, constructed of hard plastic,

attached beneath the TED in a way that

does not interfere with the TED escape

opening, may reduce the TED’s dragging

on the bottom and can reduce chafing

and damage to the TED and trawls.

While roller gear may reduce chafing,

attachment of proper flotation to a TED

is the most effective means to control

chafing on the TED and to ensure sea

turtle escape from bottom-opening

TEDs.

10. The description of construction

materials approved for use in hard TEDs

is clarified. If steel or aluminum tubing

is used, the tubing must have a

minimum outside diameter of 1/2 inch

(1.27 cm) and a minimum wall

thickness of 1/8 inch (0.32 cm). The

previous description specified a

minimum inside diameter of 1/4 inch

(0.64 cm) which would result in

excessively heavy TEDs if a larger

outside diameter pipe was used, which

was not the intention of the original

rule.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

The Assistant Administrator for

Fisheries, NOAA (AA), finds that good

cause exists, under authority at 5 U.S.C.

553(b)(B), to waive the requirement for

prior notice and an opportunity for

public comment on those provisions of

this rule described above as technical

amendments to TED gear descriptions.

Such procedures are unnecessary

because these changes are minor,

technical amendments to existing

regulations.

With respect to the provisions of this

final rule which implement provisions

of the interim final rule without change,

no delay in effective date is required.

Regarding those provisions of the

interim final rule that have been

changed by this final rule and those new

provisions of this final rule, described

above as technical amendments to TED

gear descriptions, which have the effect
15516 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

of relieving restrictions on shrimpers,

no delay in effective date is required

under 5 U.S.C. 553(d)(1). Concerning

those provisions added by this final rule

requiring the use of flotation on hooped

hard TEDs and on the Jones TED, the

AA finds for good cause, pursuant to 5

U.S.C. 553(d)(3), that it is unnecessary

and contrary to the public interest to

delay for 30 days the effective date of

these provisions because 30-day delayed

implementation of this requirement

could result in unnecessary lethal

takings of endangered and threatened

sea turtles and most shrimpers already

possess the necessary and inexpensive

flotation devices required and can

install them quickly. The AA has

determined that 7-days delay in

effective date will provide more than

sufficient time to come into compliance.

Further, with respect to those provisions

of this rule described above as technical

amendments to TED gear descriptions

which impose new requirements on

shrimpers, such as no longer allowing

the use of door frames on hooped hard

TEDs, the AA finds good cause to waive

the 30-day delay in effective date under

5 U.S.C. 553(d)(3) because the

restrictions are very minor and can be

accomplished quickly and at little or no

cost and that to delay their

implementation could cause

unnecessary lethal takings of

endangered or threatened sea turtles.

The AA has determined that a 7-day

delay in effective date will provide more

than sufficient time to come into

compliance.

In the interest of uniformity with

respect to implementation of the

provisions of this rule, NMFS has

determined to make the entire rule

effective March 30, 1995, except for

§ 227.72(e)(4)(i)(I)(2)(ii), which contains

information collection requirements that

have not yet been approved by OMB.

This rule contains a collection of

information subject to the Paperwork

Reduction Act (PRA). This collection

has been submitted to OMB for

approval. Upon approval, a notice of

effectiveness will be published in the

Federal Register.

The AA prepared an EA for the final

rule (57 FR 57348, December 4, 1992)

requiring TED-use in shrimp trawls. A

supplemental EA was prepared for the

interim final rule and another was

prepared specifically for this final rule,

which concludes that this action will

have no significant impact on the

human environment. A copy of the EA

is available (see ADDRESSES) and

comments on it are requested.

List of Subjects in 50 CFR Part 227

Endangered and threatened species,

Exports, Imports, Incorporation by

reference, Marine mammals,

Transportation.

Dated: March 17, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 227 is amended

as follows:

PART 227—THREATENED FISH AND

WILDLIFE

1. The authority citation for part 227

continues to read as follows:

Authority: 16 U.S.C. 1531 et seq.

2. In § 227.72, paragraph

(e)(4)(iii)(A)(2) is removed and reserved;

paragraph (e)(4)(iii)(E) is added; and

paragraphs (e)(4)(i)(A)(3), (e)(4)(i)(C),

(e)(4)(i)(G)(1), (e)(4)(i)(G)(2)(i),

(e)(4)(i)(I), (e)(4)(ii)(A), (e)(4)(ii)(B),

(e)(4)(iii)(C), (e)(4)(iii)(D), and (e)(4)(iv)

are revised to read as follows:

§ 227.72 Exceptions to prohibitions.

* * * * *

(e) * * *

(4) * * *

(i) * * *

(A) * * *

(3) Steel or aluminum tubing with a

minimum outside diameter of 1/2 inch

(1.27 cm) and a minimum wall

thickness of 1/8 inch (0.32 cm) (also

known as schedule 40 tubing).

* * * * *

(C) Angle of deflector bars. The angle

of the deflector bars must be between

30° and 55° from the normal, horizontal

flow through the interior of the trawl.

* * * * *

(G) * * *

(1) On a hooped hard TED, the escape

opening must not be smaller than 25

inches by 25 inches (63.5 cm by 63.5

cm) in the Gulf Area, or 30 inches by 30

inches (76.2 cm by 76.2 cm) in the

Atlantic Area. A door frame may not be

used over the escape opening; however,

a webbing flap may be used as provided

in paragraph (e)(4)(iv)(C) of this section.

(2)(i) On a single-grid hard TED, the

cut in the trawl webbing for the escape

opening cannot be narrower than the

outside width of the grid minus 4 inches

(10.2 cm) on both sides of the grid,

when measured as a straight line width.

(Figure 13 of this part illustrates the

dimensions of this cut.) The resulting

escape opening in the net webbing must

measure at least 32 inches (81.3 cm) in

horizontal taut length and,

simultaneously, 10 inches (25.4 cm) in

vertical taut height in the Gulf Area; or

35 inches (88.9 cm) in horizontal taut

length and, simultaneously, 12 inches

(30.5 cm) in vertical taut height in the

Atlantic Area. The vertical measurement

must be taken at the midpoint of the

horizontal measurement.

* * * * *

(I) Flotation. Floats must be attached

to the top one-half of all hard TEDs with

bottom escape openings. The floats may

be attached either outside or inside the

net, but not to a flap. Floats attached

inside the net must be behind the rear

surface. Floats must be attached with

heavy twine or rope. Floats must be

constructed of aluminum, hard plastic,

expanded polyvinyl chloride, or

expanded ethylene vinyl acetate unless

otherwise specified. The requirements

of this paragraph may be satisfied by

compliance with either the dimension

requirements of paragraph (e)(4)(i)(I)(1)

of this section, or the buoyancy

requirements of paragraph (e)(4)(i)(I)(2)

of this section, or the buoyancydimension requirements of paragraph

(e)(4)(i)(I)(3) of this section. If roller gear

is used pursuant to paragraph

(e)(4)(iv)(E), the roller gear must be

included in the circumference

measurement of the TED or the total

weight of the TED.

(1) Float dimension requirements. (i)

For hard TEDs with a circumference of

120 inches (304.8 cm) or more, a

minimum of either one round,

aluminum or hard plastic float, no

smaller than 9.8 inches (25.0 cm) in

diameter, or two expanded polyvinyl

chloride or expanded ethylene vinyl

acetate floats, each no smaller than 6.75

inches (17.2 cm) in diameter by 8.75

inches (22.2 cm) in length, must be

attached.

(ii) For hard TEDs with a

circumference of less than 120 inches

(304.8 cm), a minimum of either one

round, aluminum or hard plastic float,

no smaller than 9.8 inches (25.0 cm) in

diameter, or one expanded polyvinyl

chloride or expanded ethylene vinyl

acetate float, no smaller than 6.75

inches (17.2 cm) in diameter by 8.75

inches (22.2 cm) in length, must be

attached.

(2) Float buoyancy requirements.

Floats of any size and in any

combination must be attached such that

the combined buoyancy of the floats, as

marked on the floats, equals or exceeds

the weight of the hard TED, as marked

on the TED. The buoyancy of the floats

and the weight of the TED must be

clearly marked on the floats and the

TED as follows:

(i) Float buoyancy markings. Marking

must be made in clearly legible raised
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15517

or recessed lettering by the original

manufacturer. The marking must

identify the buoyancy of the float in

water, expressed in grams or kilograms,

and must include the metric unit of

measure. The marking may additionally

include the buoyancy in English units.

The marking must identify the nominal

buoyancy for the manufactured float.

(ii) TED weight markings. The

marking must be made by a registered

TED manufacturer and must be

permanent and clearly legible and must

be accompanied by the identifying

symbol of the registered manufacturer.

The marking must identify the in-air,

dry weight of the TED, expressed in

grams or kilograms, and must include

the metric unit of measure. The marking

may additionally include the weight in

English units. The marked weight must

represent the actual weight of the

individual TED as manufactured.

Previously manufactured TEDs may be

marked upon return to a registered TED

manufacturer. Where a TED is

comprised of multiple detachable

components, the weight of each

component must be separately marked.

A TED manufacturer may become

registered to mark TEDs by requesting

registration in writing from the NMFS

Southeast Regional Director. To request

registration, the manufacturer should

write to the Director, Southeast Region,

NMFS, 9721 Executive Center Dr. North,

St. Petersburg, FL 33702, and include

the manufacturer’s name, address, and

telephone number; the sizes, styles, and

anticipated number of TEDs to be

produced annually; the method of

marking; and a description of the

manufacturer’s distinctive, identifying

symbol. Upon receipt of a complete

request, the Director, Southeast Region,

NMFS, will notify the manufacturer in

writing of their registration.

(3) Buoyancy-dimension

requirements. Floats of any size and in

any combination, provided that they are

marked pursuant to paragraph

(e)(4)(i)(I)(2)(i) of this section, must be

attached such that the combined

buoyancy of the floats equals or exceeds

the following values:

(i) For floats constructed of aluminum

or hard plastic, regardless of the size of

the TED grid, the combined buoyancy

must equal or exceed 14 lb (6.4 kg);

(ii) For floats constructed of expanded

polyvinyl chloride or expanded

ethylene vinyl acetate, where the

circumference of the TED is 120 inches

(304.8 cm) or more, the combined

buoyancy must equal or exceed 20 lb

(9.1 kg); or

(iii) For floats constructed of

expanded polyvinyl chloride or

expanded ethylene vinyl acetate, where

the circumference of the TED is less

than 120 inches (304.8 cm), the

combined buoyancy must equal or

exceed 10 lb (4.5 kg).

(ii) * * *

(A) Flounder TED (Figure 10 of this

part). The Flounder TED must be

constructed of at least 1 1/4 inch (3.2

cm) outside diameter aluminum or steel

pipe with a wall thickness of at least 1/

8 inch (0.3 cm). It must have a

rectangular frame with outside

dimensions which can be no less than

51 inches (129.5 cm) in length and 32

inches (81.3 cm) in width. It must have

at least five vertical deflector bars, with

bar spacings of no more than 4 inches

(10.2 cm). The vertical bars must be

connected to the top of the frame and to

a single horizontal bar near the bottom.

The horizontal bar must be connected at

both ends to the sides of the frame and

parallel to the bottom bar of the frame.

There must be a space no larger than 10

inches (25.4 cm) between the horizontal

bar and the bottom bar of the frame. An

additional vertical bar runs from the

middle of the bottom bar to the middle

of the horizontal bar dividing the

opening at the bottom into two

rectangles with an opening height of no

more than 10 inches (25.4 cm) and an

opening width of no more than 14 1/2

inches (36.8 cm). If, because of the

width of the TED, the opening width of

the bottom rectangles exceeds the

maximum allowed, additional vertical

bars must be added. This TED must

comply with paragraphs (e)(4)(i)(B),

(e)(4)(i)(C), (e)(4)(i)(F), and (e)(4)(i)(G) of

this section with respect to the method

of attachment, the angle of the deflector

bars, the position of the escape opening,

and the size of the escape opening,

except that the deflector bars must be

positioned in the net to deflect turtles to

the escape opening in the top of the

trawl. This TED may not be configured

with a bottom escape opening.

Installation of an accelerator funnel is

not permitted with this TED. Use of this

TED is restricted to the Atlantic summer

flounder bottom trawl fishery.

(B) Jones TED (Figure 11 of this part).

The Jones TED must be constructed of

at least 1 1/4 inch (3.2 cm) outside

diameter aluminum or steel pipe, and

the pipe must have a wall thickness of

at least 1/8 inch (0.3 cm). It must be

generally oval in shape with a flattened

bottom. The deflector bars must be

attached to the frame at a 45° angle from

the horizontal positioning downward

and each bar must be attached at only

one end to the frame. The deflector bars

must be attached and lie in the same

plane as the frame. The space between

the ends of the bottom deflector bars

and the bottom frame bar must be no

more than 3 inches (7.6 cm). The

spacing between the bottom three

deflector bars on each side must be no

greater than 2 1/2 inches (6.4 cm). The

spacing between all other deflector bars

must not exceed 3 1/2 inches (8.9 cm)

and spacing between ends of opposing

deflector bars also must not exceed 3 1/

2 inches (8.9 cm). This TED must

comply with paragraphs (e)(4)(i)(B),

(e)(4)(i)(C), (e)(4)(i)(F), (e)(4)(i)(G),

(e)(4)(i)(H)(2), and (e)(4)(i)(I) of this

section with respect to the method of

attachment, the angle of the deflector

bars, the position of the escape opening,

the size of the escape opening, the size

of the grid, and flotation.

(iii) * * *

(C) Andrews TED (Figures 8a and 8b

of this part). The Andrews TED is a

funnel constructed of 5-inch (12.7-cm)

stretched mesh polyethylene or

polypropylene webbing that is sewn

inside a shrimp trawl. The bottom panel

of the trawl may be used as the bottom

panel of the funnel, so long as the

bottom edges of the sides of the funnel

are sewn at every mesh to the bottom

panel of the trawl. The leading edge of

the funnel must be sewn with heavy

twine at all points to the outer trawl

beginning on the row of meshes located

20 meshes behind the center of the

footrope and continuing around the

circumference of the trawl, following

the same row of meshes. The webbing

may not be laced with rope. The funnel

must taper to an escape opening in the

bottom of the trawl. The trailing edge on

the funnel must be sewn at all points

around the circumference of the escape

opening. The escape opening must be at

least 96 inches (243.8 cm) in

circumference. A webbing flap may be

used to cover the escape opening if no

device holds the webbing flap closed or

otherwise restricts the opening, and if

such flap is constructed of webbing that

has a stretched mesh size no larger than

2 inches (5.1 cm), lies on the outside of

the trawl, is attached along its entire

forward edge forward of the escape

opening, is 50 meshes wide and 15

meshes deep, does not overlap the exit

opening more than 5 meshes on each

side (it may be attached along the 15-

mesh edge), and maintains an opening

of at least 48 inches (121.9 cm) in a taut

position.

(D) Taylor TED (Figures 9a and 9b of

this part). The Taylor TED is

constructed of 6-inch (15.2–cm)

polyethylene or polypropylene webbing

that is heat-set knotted or braided. The

Taylor TED deflector panel must be not

less than 228 inches (580 cm) on the

leading edge and not less than 120

inches (305 cm) long. The leading edge,

sides, and apex of the deflector panel
15518 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

must be sewn to the trawl body so as to

form a complete barrier to large objects

inside the trawl net forward of the

codend or extension. The apex may be

removed not more than 24 inches (61

cm) forward of the rear point. If the apex

is removed, a rectangular section 24

inches (61 cm) long must be sewn

evenly to the rear of the deflector panel

to maintain the 120-inch (305–cm)

length. The leading edge of the Taylor

TED deflector panel must be sewn to the

bottom body of the trawl net. The rear

point of the deflector panel, or rear

edge, if the apex is removed, must be

sewn evenly, centered across the top

body. An escape opening must be

located on the top of the trawl body

centered over the deflector panel. The

opening must measure not less than 72

inches (183.6 cm), must be in a single

row of meshes, and must be located no

farther forward than the point where its

entire length is above the deflector

panel--the forward edge of the opening

must extend from the attachment of the

deflector panel on one side of the body,

across the top of the body, to the

attachment of the deflector panel on the

other side. All trawl webbing above the

deflector panel between the 72-inch

(183.6–cm) cut and the posterior edge of

the deflector panel must be removed. A

rectangular flap of nylon webbing not

larger than 2-inch (5.1–cm) stretched

mesh may be sewn to the forward edge

of the escape opening. The width of the

flap may not exceed the length of the

forward edge of the triangular opening.

The flap may extend not more than 12

inches (30.5 cm) beyond the rear point

of the escape opening. The sides of the

flap may be attached to the body, but

may not be attached farther aft than the

rear point of the escape opening. One

row of chain not larger than 3/16 inch

(4.76 mm) may be sewn evenly to the

back edge of the flap. The stretched

length of the chain may not exceed 84

inches (214.2 cm).

(E) Allowable modifications to soft

TEDs. The following modifications may

be made to the Morrison and Taylor

TEDs to increase the size of the escape

opening to permit the exclusion of

leatherback turtles. An enlarged escape

opening must be created on the top of

the trawl body centered over the

deflector panel. The opening must

measure not less than 96 inches (244

cm), must be in a single row of meshes,

and must be located no farther forward

than the point where its entire length is

above the deflector panel--the forward

edge of the opening must extend from

the attachment of the deflector panel on

one side of the body, across the top of

the body, to the attachment of the

deflector panel on the other side. All

trawl webbing above the deflector panel

between the 96–inch (244–cm) cut and

the posterior edge of the deflector panel

must be removed. A rectangular flap of

nylon webbing not larger than 2–inch

(5.1–cm) stretched mesh may be sewn to

the forward edge of the escape opening.

The width of the flap may not exceed

the length of the forward edge of the

triangular opening. The flap may extend

not more than 12 inches (30.4 cm)

beyond the rear point of the escape

opening. The sides of the flap may be

attached to the body, but may not be

attached farther aft than the rear point

of the escape opening. One row of chain

not larger than 3/16 inch (4.76 mm) may

be sewn evenly to the back edge of the

flap. The stretched length of the chain

may not exceed 96 inches (244 cm). For

the Morrison TED, the apex of the

excluder panel may be removed no

more than 48 inches (122 cm) forward

of the rear edge. A rectangular section

48 inches (122 cm) long must then be

sewn evenly to the rear of the excluder

panel to maintain the length prescribed

in the description of the Morrison TED.

For the Morrison TED, the addition of

a webbing flap and the modification of

the excluder panel may only be done

conjointly with the enlargement of the

escape opening as described in this

paragraph (e)(4)(iii)(E).

(iv) Allowable modifications to TEDs.

No modifications may be made to an

approved soft TED, except for the

modifications described in paragraph

(e)(4)(iii)(E). Unless otherwise

prohibited in paragraph (e)(4)(ii) of this

section, only the following

modifications may be made to an

approved hard TED and an approved

special hard TED:

(A) Floats. In addition to floats

required pursuant to paragraph

(e)(4)(i)(I) of this section, floats may be

attached to the top one-half of the TED,

either outside or inside the net, but not

to a flap. Floats attached inside the net

must be behind the rear surface at the

top of the TED.

(B) Accelerator funnel. An accelerator

funnel may be installed in the trawl, if

it is made of net webbing material with

a stretched mesh size not greater than 1

5/8 inches (4.1 cm), if it has an inside

horizontal opening of at least 39 inches

(99.1 cm) when measured in a taut

position, if it is inserted in the net

immediately forward of the TED, and if

its rear edge does not extend past the

bars of the TED. The trailing edge of the

accelerator funnel may be attached to

the TED on the side opposite the escape

opening if not more than 1/3 of the

circumference of the funnel is attached,

and if the inside horizontal opening of

at least 39 inches (99.1 cm) is

maintained. In a downward shooting

TED, only the top 1/3 of the

circumference of the funnel may be

attached to the TED. In an upward

shooting TED, only the bottom 1/3 of

the circumference of the funnel may be

attached to the TED.

(C) Webbing flap. A webbing flap may

be used to cover the escape opening if

no device holds it closed or otherwise

restricts the opening, and if it is

constructed of webbing with a stretched

mesh size no larger than 1 5/8 inches

(4.1 cm), lies on the outside of the trawl,

is attached along its entire forward edge

forward of the escape opening, is not

attached on the sides beyond the row of

meshes that lies 6 inches (15.2 cm)

behind the posterior edge of the grid,

and does not extend more than 24

inches (61.0 cm) beyond the posterior

edge of the grid.

(D) Chafing webbing. A single piece of

nylon webbing, with a twine size no

smaller than size 36 (2.46 mm in

diameter), may be attached outside of

the escape opening webbing flap to

prevent chafing on bottom opening

TEDs. This webbing may be attached

along its leading edge only. This

webbing may not extend beyond the

trailing edge or sides of the existing

escape opening webbing flap, and it

must not interfere or otherwise restrict

the turtle escape opening.

(E) Roller gear. Roller gear may be

attached to the bottom of a TED to

prevent chafing on the bottom of the

TED and the trawl net. When a webbing

flap is used in conjunction with roller

gear, the webbing flap must be of a

length such that no part of the webbing

flap can touch or come in contact with

any part of the roller gear assembly or

the means of attachment of the roller

gear assembly to the TED, when the

trawl net is in its normal, horizontal

position. Roller gear must be

constructed according to one of the

following design criteria:

(1) A single roller consisting of hard

plastic shall be mounted on an axle rod,

so that the roller can roll freely about

the axle. The maximum diameter of the

roller shall be 6 inches (15.24 cm), and

the maximum width of the axle rod

shall be 12 inches (30.4 cm). The axle

rod must be attached to the TED by two

support rods. The maximum clearance

between the roller and the TED shall not

exceed 1 inch (2.5 cm) at the center of

the roller. The support rods and axle rod

must be made from solid steel or solid

aluminum rod no larger than 1/2 inch

(1.28 cm) in diameter. The attachment

of the support rods to the TED shall be

such that there are no protrusions (lips,

sharp edges, burrs, etc.) on the front face
Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations 15519

of the grid. The axle rod and support

rods must lie entirely behind the plane

of the face of the TED grid.

(2) A single roller consisting of hard

plastic tubing shall be tightly tied to the

back face of the TED grid with rope or

heavy twine passed through the center

of the roller tubing. The roller shall lie

flush against the TED. The maximum

outside diameter of the roller shall be 3

1/2 inches (8.0 cm), the minimum

outside diameter of the roller shall be 2

inches (5.1 cm), and the maximum

length of the roller shall be 12 inches

(30.4 cm). The roller must lie entirely

behind the plane of the face of the grid.

* * * * *

3. Figure 1 to part 227 is revised to

read as follows:

BILLING CODE 3510–22–F

BILLING CODE 3510–22–C

4. Figure 13 to part 227 is revised to read as follows:

BILLING CODE 3510–22–F
15520 Federal Register / Vol. 60, No. 57 / Friday, March 24, 1995 / Rules and Regulations

BILLING CODE 3510–22–C

[FR Doc. 95–7235 Filed 3–21–95; 11:30 am]

BILLING CODE 3510–22–F