Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules 50585 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

2. Revise the following sections of the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

602 Addressing 

1.0 Elements of Addressing 

* * * * * 

1.5 Return Addresses 

* * * * * 

1.5.3 Required Use of Return 

Addresses 

The sender’s domestic return address 

must appear legibly on: 

[Add new item m to 1.5.3 as follows:] 

* * * * * 

m. Detached addressed labels (DALs). 

* * * * * 

4.0 Detached Address Labels (DALs) 

4.1 DALs Use 

* * * * * 

[Revise text of 4.1.2 to require that 

DALs accompanying saturation 

mailings of Periodicals or Standard Mail 

flats be automation-compatible as 

follows:] 

4.1.2 Periodicals or Standard Mail 

Flats Saturation Mailings 

Saturation mailings of unaddressed 

Periodicals or Standard Mail flats may 

be mailed with detached address labels 

(DALs). DALs accompanying saturation 

mailings of Periodicals or Standard Mail 

flats must be automation-compatible 

under 201.3.0. For this standard, 

saturation mailing means a mailing sent 

to at least 75% of the total addresses on 

a carrier route or 90% of the residential 

addresses on a route, whichever is less. 

Deliveries are not required to every 

carrier route of a delivery unit. 

* * * * * 

4.2 Label Preparation 

4.2.1 Label Construction 

Each DAL must be made of paper or 

cardboard stock that is not folded, 

perforated, or creased, and that meets 

these measurements: 

* * * * * 

[Revise item c of 4.2.1 and add new 

items d and e as follows:] 

c. At least 0.007 inch thick except 

under 4.2.1.d. 

d. If more than 41⁄4 inches high or 

more than 6 inches in length, must be 

at least 0.009 inch thick. 

e. Must have an aspect ratio (length 

divided by height) between 1.3 to 2.5, 

inclusive. 

4.2.2 Addressing 

[Revise text of 4.2.2 to require a 

POSTNET or Intelligent Mail barcode 

with a delivery point routing code as 

follows:] 

The address for each item must be 

placed on a DAL, parallel to the longest 

dimension of the DAL, and must not 

appear on the item it accompanies. The 

DAL must contain the recipient’s 

delivery address and the mailer’s return 

address. A ZIP+4 code or 5-digit ZIP 

code is required unless a simplified 

address format is used. DALs that 

accompany saturation mailings of 

Periodicals or Standard Mail flats must 

include a correct delivery point 

POSTNET barcode or Intelligent Mail 

barcode with an 11-digit routing code 

(see 708.4) except when using a 

simplified address. 

* * * * * 

4.2.5 Other Information 

In addition to the information 

described in 4.2.2 and 4.2.4 and an 

indicium of postage payment, only the 

following may appear on the front of a 

DAL: 

* * * * * 

b. Advertising, under the following 

conditions: 

[Delete item 1 and renumber current 

items 2 and 3 as new items 1 and 2.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E8–19803 Filed 8–26–08; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 071102640–8952–01] 

RIN 0648–AQ63 

Magnuson-Stevens Act Provisions; 

National Standard Guidelines 

AGENCY: National Marine Fisheries 

Service (NMFS); National Oceanic and 

Atmospheric Administration (NOAA); 

Commerce. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: NMFS withdraws a proposed 

rule for revisions to National Standard 

1 (NS1) guidelines, which was 

published on June 22, 2005. Instead of 

going forward with a final rule directly 

resulting from the 2005 proposed rule, 

NMFS published a new proposed rule 

for the NS1 guidelines in the Federal 

Register on June 9, 2008, to address new 

provisions enacted in 2007 in the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (MSRA). Because of 

new requirements for annual catch 

limits (ACLs) and accountability 

measures (AMs), among other things, 

NMFS decided that it was better to 

proceed with a new proposed rule 

rather than try to revise a 3–year old 

action that preceded the MSRA. The 

new proposed rule provides guidance 

on ACLs and AMs and other 

requirements related to overfishing and 

rebuilding overfished stocks in the 

National Standard 1 (NS1) guidelines. 

DATES: This proposed rule is withdrawn 

on August 27, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mark R. Millikin, Senior Fishery 

Management Specialist, 301–713–2341, 

or via e-mail mark.millikin@noaa.gov. 

SUPPLEMENTARY INFORMATION: Section 

301(a) of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) states that any 

fishery management plan (FMP) 

prepared and any regulation 

promulgated to implement such a plan 

shall be consistent with the ten national 

standards described in that section. 

Section 301(b) states that the Secretary 

of Commerce should establish advisory 

guidelines (which shall not have the 

force and effect of law) based on the 

national standards to assist in 

development of FMPs. 

The guidelines for national standards 

of the Magnuson-Stevens Act were last 

revised through a final rule published in 

the Federal Register on May 1, 1998 (63 


sroberts on PROD1PC70 with PROPOSALS
50586 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Proposed Rules 

FR 24212), which brought them into 

conformance with the Sustainable 

Fisheries Act of 1996. The May 1998 

final rule revised the guidelines for 

National Standards 1 (optimum yield), 2 

(scientific information), 4 (allocations), 

5 (efficiency), and 7 (costs and benefits) 

and added new guidelines for National 

Standards 8 (communities), 9 (bycatch), 

and 10 (safety of life at sea). 

National Standard 1 (NS1) states 

‘‘Conservation and management 

measures shall prevent overfishing 

while achieving, on a continuing basis, 

the optimum yield from each fishery for 

the United States fishing industry.’’

NMFS considered revising the NS1 

guidelines when it published an 

advance notice of proposed rulemaking 

in 2003 (68 FR 7492, February 14, 2003), 

and a proposed rule in 2005 (70 FR 

36240, June 22, 2005). NMFS received 

over 250,000 comments. NMFS 

reviewed all of the comments, and the 

majority consisted of one of ten different 

form letters, expressing concern that: (1) 

Overfishing is occurring for many 

stocks, (2) many fish stocks are 

overfished, (3) oceans and fish stocks 

are in trouble, and (4) at the rate fish 

stocks are being depleted, there could be 

severe impacts on future generations of 

people who enjoy eating fish. Almost all 

commenters stated that overfishing 

should be ended immediately. NMFS 

decided not to publish a final rule 

directly related to the 2005 proposed 

rule when it became clear that Congress 

was preparing an amendment to the 

Magnuson-Stevens Act that seemed 

likely to revise provisions related to 

overfishing and rebuilding overfished 

stocks. 

On January 12, 2007, President Bush 

signed into law the MSRA. MSRA 

revised the Magnuson-Stevens Act by 

adding section 303(a)(15), which 

requires that any FMP that is prepared 

by a regional fishery management 

council or the Secretary shall: ‘‘establish 

a mechanism for specifying annual 

catch limits in the plan (including a 

multiyear plan), implementing 

regulations, or annual specifications, at 

a level such that overfishing does not 

occur in the fishery, including measures 

to ensure accountability.’’ Because of 

this new requirement to use ACLs and 

AMs to end/prevent overfishing, NMFS 

published a proposed rule (73 FR 32526, 

June 9, 2008) emphasizing new 

recommendations and requirements 

related to ACLs and AMs, as well as 

other issues related to NS1 (especially 

related to rebuilding overfished fisheries 

and the concepts of maximum 

sustainable yield (MSY) and optimum 

yield (OY)). The 2008 proposed rule 

also contains guidance about four issues 

contained in the 2005 proposed rule. 

The issues covered in the 2005 

proposed rule, that are reconsidered in 

the 2008 proposed rule include: (1) 

Guidance on how to determine the 

target time to rebuild a stock; (2) action 

to take at the end of a rebuilding plan 

if a stock is no longer overfished, but 

not rebuilt yet; (3) the definition of 

several components of MSY; and (4) 

exceptions to the requirement to prevent 

overfishing. The four issues listed above 

contain different wording in the 2008 

proposed rule. The remaining issues in 

the 2005 proposed rule are not covered 

in the 2008 proposed rule. NMFS’

priority is to develop guidance on ACLs 

and AMs and make other related 

changes in the NS1 guidelines as soon 

as possible, given the MSRA statutory 

requirements to use ACLs and AMs to 

end overfishing in 2010, and prevent 

overfishing beginning in 2011. Thus, 

NMFS’ new proposed revisions to the 

NS1 guidelines published in the Federal 

Register on June 9, 2008 (73 FR 32526) 

focus on changes needed to address 

ACLs and AMs and other new MSRA 

requirements, and NMFS is 

withdrawing the 2005 proposed rule. 

The proposed revisions contained in 

the 2005 proposed rule that are not 

addressed in the 2008 proposed rule are 

not critical to accomplishing the new 

MSRA requirements related to ending/ 

preventing overfishing and rebuilding 

overfished stocks, and include: 

• Renaming ‘‘minimum stock size 

threshold’’ as ‘‘minimum biomass limit 

(Blim)’’; 

• Renaming ‘‘maximum fishing 

mortality threshold (MFMT)’’ as 

‘‘maximum fishing mortality limit’’; 

• Renaming ‘‘overfished’’ as 

‘‘depleted’’; 

• Specifying that FMPs may be 

revised so that species/stocks may be 

classified as ‘‘core stocks’’ or stocks 

falling within a ‘‘stock assemblage’’; 

• Specifying that Blim should equal 

one-half of the biomass that produces 

MSY (Bmsy) as a default value and 

clarifying when exceptions greater than 

or less than the 1/2 Bmsy value are 

appropriate for Blim; 

• Revising the maximum rebuilding 

time horizon formula to remove the 

discontinuity that results from the 

formula in the current guidelines; 

• Establishing a default value for the 

target time for rebuilding that equals a 

time value halfway between minimum 

time to rebuild (Tmin) and maximum 

time to rebuild (Tmax); 

• Using MFMT to determine when a 

stock is rebuilt if the stock’s Bmsy and 

Tmin are not known; 

• Establishing guidance for how to 

revise rebuilding plans when a 

rebuilding plan has not shown adequate 

progress as described under section 

304(e)(7) of the Magnuson-Stevens Act; 

and 

• Revising the current requirement to 

develop ‘‘target’’ (OY) control rules in 

addition to limit (MSY) control rules 

from ‘‘may’’ to ‘‘must.’’

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

Dated: August 21, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E8–19874 Filed 8–26–08; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with PROPOSALS