21102 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

condition for shipment as required or

authorized by applicable requirements

of this subchapter, or an exemption,

approval or registration issued under

this subchapter or subchapter A of this

chapter.

(b) No person may transport a

hazardous material in commerce unless

that person is registered in conformance

with subpart G of part 107 of this

chapter, if applicable, and the

hazardous material is handled and

transported in accordance with

applicable requirements of this

subchapter, or an exemption, approval

or registration issued under this

subchapter or subchapter A of this

chapter.

(c) No person may represent, mark,

certify, sell, or offer a packaging or

container as meeting the requirements

of this subchapter or an exemption,

approval or registration issued under

this subchapter or subchapter A of this

chapter, governing its use in the

transportation in commerce of a

hazardous material, whether or not it is

used or intended to be used for the

transportation of a hazardous material,

unless the packaging or container is

manufactured, fabricated, marked,

maintained, reconditioned, repaired and

retested, as appropriate, in accordance

with applicable requirements of this

subchapter, or an exemption, approval

or registration issued under this

subchapter or subchapter A of this

chapter.

(d) The representations, markings,

and certifications subject to the

prohibitions of paragraph (c) of this

section include, but are not limited to—

(1) Specification identifications that

include the letters ‘‘ICC,’’ ‘‘DOT,’’

‘‘MC,’’ or ‘‘UN’’;

(2) Exemption, approval, and

registration numbers that include the

letters ‘‘DOT,’’ ‘‘EX,’’ ‘‘M,’’ or ‘‘R’’; and

(3) Test dates associated with

specification, registration, approval,

retest or exemption markings indicating

compliance with a test or retest

requirement of this subchapter, or an

exemption, an approval or a registration

issued under this subchapter or

subchapter A of this chapter.

* * * * *

(h) No person shall—

(1) Falsify or alter an exemption,

approval, registration or other grant of

authority issued under this subchapter

or subchapter A of this chapter; or

(2) Offer a hazardous material for

transportation or transport a hazardous

material in commerce, or represent,

mark, certify, or sell a packaging or

container, under a false or altered

exemption, approval, registration or

other grant of authority issued under

this subchapter or subchapter A of this

chapter.

§ 171.3 [Amended]

33. In § 171.3, paragraph (c) and the

Note are removed, and paragraph (d) is

redesignated as paragraph (c).

34. In § 171.8, the definitions of

‘‘Approval’’ and ‘‘Exemption’’ are added

in alphabetical order and the definition

of ‘‘Person’’ is revised to read as follows:

§ 171.8 Definitions and abbreviations.

* * * * *

Approval means a written

authorization, including a competent

authority approval, from the Associate

Administrator to perform a function for

which prior authorization by the

Associate Administrator is required

under subchapter C of this chapter.

* * * * *

Exemption means a document issued

under the authority of 49 U.S.C. 5117 by

the Associate Administrator that

authorizes a person to perform a

function that is not otherwise

authorized under this subchapter,

subchapter C, or other regulations

issued under 49 U.S.C. 5101–5127 (e.g.,

Federal Highway Administration

routing).

* * * * *

Person means an individual, firm,

copartnership, corporation, company,

association, joint-stock association,

including any trustee, receiver, assignee,

or similar representative thereof; or

government, Indian tribe, or agency or

instrumentality of any government or

Indian tribe when it offers hazardous

material for transportation in commerce

or transports hazardous material to

further a commercial enterprise, but

such term does not include:

(1) The United States Postal Service;

(2) For the purposes of 49 U.S.C. 5123

and 5124, any agency or instrumentality

of the Federal Government.

* * * * *

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

35. The authority citation for Part 173

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

36. In § 173.22a, a new paragraph (c)

is added to read as follows:

§ 173.22a Use of packagings authorized

under exemptions.

* * * * *

(c) When an exemption issued to a

person who offers a hazardous material

contains requirements that apply to a

carrier of the hazardous material, the

offeror shall furnish a copy of the

exemption to the carrier before or at the

time a shipment is tendered. When the

provisions of the exemption require it to

be in the possession of a carrier during

transportation in commerce, the carrier

shall maintain the copy of the

exemption in the same manner as

required for a shipping paper.

PART 178—SPECIFICATIONS FOR

PACKAGINGS

37. The authority citation for Part 178

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

38. In § 178.3, a new paragraph (d) is

added to read as follows:

§ 178.3 Marking of packagings.

* * * * *

(d) No person may mark or otherwise

certify a packaging or container as

meeting the requirements of a

manufacturing exemption unless that

person is the holder of or a party to that

exemption, an agent of the holder or

party for the purpose of marking or

certification, or a third party tester.

Issued in Washington, DC on May 2, 1996,

under authority delegated in 49 CFR part 1.

Rose A. McMurray,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 96–11400 Filed 5–8–96; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 663

[Docket No. 951227306–5306–01; I.D.

043096A]

Pacific Coast Groundfish Fishery;

Closure and Trip Limit Reduction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; fishing restrictions;

request for comments.

SUMMARY: NMFS announces the closure

of the open access fishery for

thornyheads taken and retained north of

Point Conception, CA (34°27′ N. lat.),

and a further restriction to the open

access fishery for sablefish taken with

nontrawl gear north of the Conception

subarea (36°00′ N. lat.). This action is

authorized by the Pacific Coast

Groundfish Fishery Management Plan
Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations 21103

(FMP), which governs the groundfish

fishery off Washington, Oregon, and

California. The closure and trip limit are

designed to keep landings as close as

possible to the 1996 open access

allocations for these species.

DATES: Effective from 0001 hours (local

time) May 3, 1996, until the effective

date of the 1997 annual specifications

and management measures for the

Pacific Coast groundfish fishery, which

will be published in the Federal

Register. Comments will be accepted

through May 24, 1996.

ADDRESSES: Submit comments to

William Stelle, Jr., Director, Northwest

Region (Regional Director), National

Marine Fisheries Service, 7600 Sand

Point Way NE., BIN-C15700, Seattle,

WA 98115–0070; or Hilda Diaz-Soltero,

Regional Director, Southwest Region,

National Marine Fisheries Service, 501

West Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140;

or Rodney McInnis at 310–980–4040.

SUPPLEMENTARY INFORMATION:

Management measures for the open

access fishery apply to any vessel that

takes and retains groundfish and that

does not have a valid limited entry

permit for the Pacific coast groundfish

fishery with an endorsement for the gear

used to harvest the groundfish. Open

access gear includes longline, trap, pot,

hook and line (fixed or mobile), set net

(south of 38° N. lat. only), and trawls

used to target non-groundfish species

(pink shrimp or prawns and, south of Pt.

Arena, CA (38°57′30′′ N. lat.), California

halibut or sea cucumbers). The

following changes to routine

management measures in the open

access fisheries for thornyheads and

sablefish were recommended by the

Pacific Fishery Management Council

(Council) at its April 8–12, 1996,

meeting in San Francisco, CA.

Open Access Thornyhead Fishery.

Thornyheads consist of two species

(shortspine and longspine thornyheads)

that often are caught together. Because

of difficulties in identifying and

monitoring the two species separately in

the open access fishery, this fishery has

been managed for both species

combined. Through 1995, separate open

access and limited entry allocations had

not been implemented for shortspine

thornyheads because landings were

thought to be negligible in the open

access fishery. However, at its October

1995 meeting, the Council concluded

that the best available information

indicated that about 24 metric tons (mt)

had been taken north of Pt. Conception

in 1995, indicating expansion in the

fishery since the 1984–88 window

period used to determine open access

and limited entry allocations. The

Council responded by recommending

that limited entry and open access

allocations be implemented for

shortspine thornyheads for 1996. The

1996 open access allocation for

shortspine thornyheads is only 4 mt,

and applies north of Pt. Conception

(34°27′ N. lat.). To keep landings close

to the open access allocation, a

coastwide daily trip limit of 50 lb (23

kg) (round weight) was applied for both

species of thornyheads combined on

January 1, 1996 (61 FR 279, January 4,

1996). A daily trip limit is the maximum

amount that may be taken and retained,

possessed, or landed per vessel in 24

consecutive hours, starting at 0001

hours local time, and only one landing

of the trip-limit species may be made in

that 24–hour period. Daily trip limits

may not be accumulated.

The best available information at the

April 1996 Council meeting indicated

that landings of thornyheads in the open

access fishery had reached 18.7 mt

north of Pt. Conception by the end of

March 1996. Of this, about 11 mt was

shortspine thornyheads taken in

California, exceeding the 1996 open

access allocation for shortspine

thornyheads north of Pt. Conception.

The Council recommended that the

open access fishery for thornyheads be

closed north of Pt. Conception as soon

as practicable for the rest of the year.

Closure means taking and retaining,

possessing, or landing thornyheads

caught north of Pt. Conception with any

open access gear (including open access

trawl gear) is prohibited, and offloading

must begin before the time the fishery

closes. The 50–lb (23–kg) daily trip limit

on thornyheads remains in effect south

of Pt. Conception because the harvest

guideline does not apply in that area.

This daily trip limit is believed to be too

small to encourage effort shifts into the

area.

Open Access Sablefish Fishery. In

1995, the daily trip limits for sablefish

in the open access nontrawl fishery

were 300 lb (136 kg) per day north of

the Conception subarea (36°00′ N. lat.)

and 350 lb (159 kg) per day in the

Conception subarea (36°00′ N. lat. to the

U.S.-Mexican border). The best available

information at the April 1996 Council

meeting indicated that 119 mt of

sablefish had been taken in the open

access fishery in California by the end

of March and that the rate of landings

would need to be reduced by 40 percent

to avoid reaching the 463–mt open

access allocation before the end of the

year. After hearing considerable

testimony that a target fishery for less

than 300 lb (136 kg) of sablefish per day

would result in substantial discards, or

would be too low to sustain a viable

fishery, the Council agreed to maintain

the current daily trip limit. However, it

recommended further constraining

landings by adding a cumulative trip

limit of 2,100 lb (952 kg) north of 36°

N. lat. per vessel per month. A

cumulative trip limit is the maximum

amount that may be taken and retained,

possessed, or landed per vessel in a

specified period of time (in this case, 1

month). Landings made under the daily

trip limits count toward the cumulative

limit. This cumulative monthly limit

would accommodate seven daily

landings at 300 lb (136 kg). Any open

access landings of sablefish made in

May 1996 (even if made before this

closure is filed with the Office of the

Federal Register) will be counted toward

the 2,100–lb (952–kg) cumulative limit

for the month. This cumulative monthly

limit does not apply to open access

trawl fisheries because they target on

non-groundfish species (pink shrimp,

prawns, California halibut, and sea

cucumbers) and are constrained by

other limits.

For the above reasons, NMFS concurs

with the Council’s recommendations

and modifies the annual management

measures announced at 61 FR 279

(January 4, 1996), as amended, as

follows:

1. Paragraph IV.I(1)(c)(ii) is revised to

read as follows:

‘‘(ii) A daily trip limit of 50 lb (23 kg)

of thornyheads taken and retained south

of Pt. Conception, CA.’’

2. A new paragraph IV.I(1)(e) is added

to read as follows:

‘‘(e) Closure - thornyheads north of Pt.

Conception. The open access fishery for

thornyheads (shortspine or longspine)

north of Pt. Conception, CA is closed.

This closure applies to thornyheads

taken and retained with all open access

gear. Open access gear is gear used to

take and retain groundfish that does not

have a valid limited entry permit for the

Pacific coast groundfish fishery with an

endorsement for the gear used to harvest

the groundfish, including longline, trap,

pot, hook-and-line (fixed or mobile), set

net (south of 38° N. lat. only), and trawls

used to target non-groundfish species

(pink shrimp or prawns, and, south of

Pt. Arena, CA (38°57′30′′ N. lat.),

California halibut or sea cucumbers).’’

3. Paragraph IV.I.(2)(a) is revised to

read as follows:

‘‘(a) North of 36°00′ N. lat. The

cumulative trip limit for sablefish taken

and retained north of 36°00′ N. lat. is

2,100 lb (952 kg) per month. The daily

trip limit for sablefish taken and

retained north of 36°00′ N. lat., which
21104 Federal Register / Vol. 61, No. 91 / Thursday, May 9, 1996 / Rules and Regulations

counts toward the cumulative limit,

remains at 300 lb (136 kg).’’

Classification

These actions are authorized by the

FMP, which governs the harvest of

groundfish in the U.S. exclusive

economic zone off the coasts of

Washington, Oregon, and California.

The determination to take these actions

is based on the most recent data

available. The aggregate data upon

which the determinations are based are

available for public inspection at the

office of the Regional Director (see

ADDRESSES) during business hours.

Because of the need for immediate

action to reduce the harvest of

shortspine thornyheads, and because

the public had an opportunity to

comment on the action at the April 1996

Council meeting, NMFS has determined

that good cause exists for this document

to be published without affording a

prior opportunity for public comment or

a 30-day delayed effectiveness period.

These actions are taken under the

authority of 50 CFR 663.23(c)(1)(i)(E),

(G), and (L), and are exempt from review

under E.O. 12866.

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

Dated: May 2, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–11546 Filed 5–3–96; 4:47 pm]

BILLING CODE 3510–22–F

50 CFR Part 672

[Docket No. 960129018–6018–01; I.D.

050396C]

Groundfish of the Gulf of Alaska;

Pacific cod in the Western Regulatory

Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of Pacific cod in the Western Regulatory

Area of the Gulf of Alaska (GOA). NMFS

is requiring that catches of Pacific cod

in the Western Regulatory Area be

treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the total allowable

catch (TAC) of Pacific cod in this area

has been reached.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 5, 1996, until 12

midnight A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

50 CFR parts 620 and 672.

In accordance with

§ 672.20(c)(1)(ii)(B), the TAC for Pacific

cod in the Western Regulatory Area was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4304, February 5, 1996) as 18,850 metric

tons (mt).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 672.20(c)(3), that the TAC for Pacific

cod in the Western Regulatory Area of

the GOA has been reached. Therefore,

NMFS is requiring that further catches

of Pacific cod in the Western Regulatory

Area of the GOA be treated as

prohibited species in accordance with

§ 672.20(e).

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

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

Dated: May 3, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–11547 Filed 5–3–96; 4:47 pm]

BILLING CODE 3510–22–F

50 CFR Part 672

[Docket No. 960129018–6018–01; I.D.

050396B]

Groundfish of the Gulf of Alaska;

Pacific cod in the Central Regulatory

Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of Pacific cod in the Central Regulatory

Area of the Gulf of Alaska (GOA). NMFS

is requiring that catches of Pacific cod

in the Central Regulatory Area be

treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the total allowable

catch (TAC) of Pacific cod in this area

has been reached.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 5, 1996, until 12

midnight A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

50 CFR parts 620 and 672.

In accordance with

§ 672.20(c)(1)(ii)(B), the TAC for Pacific

cod in the Central Regulatory Area was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4304, February 5, 1996) as 42,900 metric

tons (mt).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 672.20(c)(3), that the TAC for Pacific

cod in the Central Regulatory Area of

the GOA has been reached. Therefore,

NMFS is requiring that further catches

of Pacific cod in the Central Regulatory

Area of the GOA be treated as

prohibited species in accordance with

§ 672.20(e).

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

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

Dated: May 3, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–11548 Filed 5–3–96; 4:47 pm]

BILLING CODE 3510–22–F