27042 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Proposed Rules

None of the other proposals would

impose new requirements or have any

effect on costs which can be estimated

at this time. Proposal Two would delete

requirements for motor vehicles

manufactured before September 1, 1987

and September 1, 1989. If the standard

were rescinded pursuant to Proposal

One, NHTSA anticipates no changes in

costs resulting from manufacturers’

actions, because manufacturers are not

expected to respond to the rescission by

making any significant changes in the

location, identification, and

illumination of motor vehicle controls

and displays. Further, many of the

controls and displays specified in

Standard No. 101 are also specified in

other Federal motor vehicle safety

standards.

To the extent that individual States

might choose to establish their own

requirements for controls and displays,

which would be permitted if the agency

rescinded the standard, as discussed

above, vehicle production costs would

increase. However, the agency has no

way of foretelling the extent to which

States might opt to do this or of

estimating the increase in production

cost that would result.

If Proposals Two or Three were

adopted, NHTSA also anticipates no

changes in costs since it does not

believe manufacturers will make any

significant changes in the location,

identification, and illumination of

motor vehicle controls and displays.

2. Regulatory Flexibility Act

NHTSA has also considered the

impacts of this rule under the

Regulatory Flexibility Act. For the

reasons explained above, I hereby

certify that this rule would not have a

significant economic impact on a

substantial number of small entities.

Accordingly, there would not be any

significant effect on small organizations,

jurisdictions or other entities which

purchase new motor vehicles. For this

reason, an initial regulatory flexibility

analysis has not been prepared.

3. National Environmental Policy Act

NHTSA has also analyzed this

proposed rule under the National

Environmental Policy Act and

determined that it would not have any

significant impact on the quality of the

environment.

4. Executive Order 12612

(FEDERALISM)

NHTSA has analyzed this proposed

rule in accordance with the principles

and criteria contained in E.O. 12612,

and has determined that it would not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

5. Civil Justice Reform

This proposed rule would not have

any retroactive effect. Under 49 U.S.C.

30103, whenever a Federal motor

vehicle safety standard is in effect, a

State may not adopt or maintain a safety

standard applicable to the same aspect

of performance which is not identical to

the Federal standard, except to the

extent that the State requirement

imposes a higher level of performance

and applies only to vehicles procured

for the State’s use. 49 U.S.C. 30161 sets

forth a procedure for judicial review of

final rules establishing, amending or

revoking Federal motor vehicle safety

standards. That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

Procedures for Filing Comments

Interested persons are invited to

submit comments on the proposal. It is

requested but not required that 10

copies be submitted.

All comments must not exceed 15

pages in length. (49 CFR 553.21).

Necessary attachments may be

appended to these submissions without

regard to the 15-page limit. This

limitation is intended to encourage

commenters to detail their primary

arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR Part 512.

All comments received before the

close of business on the comment

closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. Comments on the

proposal will be available for inspection

in the docket. NHTSA will continue to

file relevant information as it becomes

available in the docket after the closing

date, and it is recommended that

interested persons continue to examine

the docket for new material.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, stamped postcard in the

envelope with their comments. Upon

receiving the comments, the docket

supervisor will return the postcard by

mail.

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

Issued on: May 23, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–13528 Filed 5–29–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[I.D. 051396B]

Pacific Offshore Fisheries Take

Reduction Plan; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public scoping meeting; request

for comments.

SUMMARY: NMFS announces its

intention to prepare an Environmental

Impact Statement (EIS) or

Environmental Assessment (EA) for

anticipated proposed rulemaking under

the Take Reduction Plan (TRP)

provisions of the Marine Mammal

Protection Act (MMPA). A draft TRP

will be developed by the Pacific

Offshore Cetacean Take Reduction Team

(TRT) and will be forwarded to NMFS

by August 12, 1996. NMFS then has 60

days to publish a proposed TRP, along

with any proposed implementing

regulations, as necessary.

DATES: The scoping meeting will be held

on June 25, 1996 at 7 p.m. until 10 p.m.

Written comments on the scope of the

EIS must be submitted on or before

August 12, 1996.

ADDRESSES: The scoping meeting will be

held at the JAMS/Endispute offices in

the Santa Monica Business Park, 3340

Ocean Park Boulevard, Suite 1050,

Santa Monica, CA 90405. Scoping

comments, requests for additional

information, and requests for special
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Proposed Rules 27043

accomodations should be sent to Irma

Lagomarsino, National Marine Fisheries

Service, Southwest Regional Office, 501

West Ocean Boulevard, Suite 4200,

Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, (310) 980–4016, fax (310)

980–4047, or Victoria Cornish, (301)

713–2322, fax (301) 713–0376.

SUPPLEMENTARY INFORMATION: Section

118(f) of the MMPA requires NMFS to

develop and implement a TRP designed

to assist in the recovery or prevent the

depletion of each strategic marine

mammal stock(s) that interacts with

certain fisheries. The immediate goal of

a TRP is to reduce, within 6 months of

its implementation, the incidental

mortality or serious injury of strategic

marine mammal stocks incidentally

taken in the course of commercial

fishing to levels less than the Potential

Biological Removal level, or PBR,

established for that stock. The long-term

goal of the plan is to reduce, within 5

years of its implementation, the

incidental mortality or serious injury of

marine mammals incidentally taken in

the course of commercial fishing to

insignificant levels approaching a zero

mortality and serious injury rate, taking

into account the economics of the

fishery, the availability of existing

technology, and existing state or

regional fishery management plans.

Each TRP shall include a review of

the information in the final stock

assessment published under section

117(b) and any new information, an

estimate of the total number and, if

possible, age and gender of animals

from the stock that are being

incidentally lethally taken or seriously

injured each year during the course of

commercial fishing operations,

recommended regulatory or voluntary

measures for the reduction of incidental

mortality and serious injury, and

recommended dates for achieving the

specific objectives of the plan.

In accordance with section

118(f)(6)(A), NMFS established the

Pacific Offshore Cetacean TRT for the

California/Oregon thresher shark and

swordfish drift gillnet fishery on

February 12, 1996 (61 FR 5385). This

fishery interacts with several strategic

marine mammal stocks including:

Mesoplodont sp. beaked whales, Baird’s

beaked whale, Cuvier’s beaked whale,

the sperm whale, the humpback whale,

the pygmy sperm whale, and the shortfinned pilot whale. These stocks are

considered strategic under the MMPA,

because they are either listed as an

endangered or threatened species under

the Endangered Species Act, or the

levels of human-caused mortality are

greater than their PBR levels.

The purpose of the scoping meeting is

to receive comments in anticipation of

an EIS or EA that may be prepared for

the final TRP and any regulations that

may be necessary to implement TRP

provisions. Any EIS or EA prepared

would examine the environmental

impacts of management alternatives

considered in the TRP to reduce the

incidental mortality and serious injury

of marine mammals in this fishery as

well as assessing, based on currently

available information, the impacts of the

TRP and implementing regulations on

the human environment, marine

mammals, and other protected species.

The scoping meeting is scheduled to

coincide with the first day of the last

meeting of the TRT on June 25–27,

1996. All interested parties are

encouraged to attend. The scoping

meeting will include a short

presentation from NMFS staff outlining

the TRP process and options that are

being considered and will allow a

minimum of 2 1/2 hours for public

comment. NMFS is also requesting

written comments to be submitted by

mail or by fax, until August 12, 1996,

and background materials are available

(see ADDRESSES). The meeting is open to

the public and is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Irma

Lagomarsino at (310) 980–4016 by June

20, 1996.

Dated: May 22, 1996.

Patricia Montanio,

Acting Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 96–13452 Filed 5–29–96; 8:45 am]

BILLING CODE 3510–22–F