Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 50885 

usefulness.’’ 56 FR at 28249. FRA 

intended that the listing be updated 

whenever it does not accurately identify 

the person(s) certified and qualified 

(i.e., when the listing’s usefulness is 

diminished). Ideally, the listing should 

be updated each time a person is newly 

certified and qualified, and each time a 

person is no longer considered certified 

or qualified. 

With regard to updating the listing of 

foreign locomotive engineers in joint 

operation territories, it should be noted 

that FRA considers it more important to 

remove the name of any foreign 

engineer who is no longer considered 

certified or qualified for joint operations 

territory then to fail to add a person who 

has recently become certified and 

qualified. When a controlling railroad 

questions a foreign engineer’s 

certification or qualifications and the 

engineer’s name is not found on the list, 

the controlling railroad would be 

expected to immediately contact the 

foreign railroad in order to confirm the 

person’s status before allowing the 

foreign engineer to proceed into the 

joint operations territory. Alternatively, 

if a controlling railroad were to question 

a foreign engineer’s certification or 

qualifications and the engineer’s name 

is found on the list, the controlling 

railroad would likely be expected to rely 

on the list and would be exercising due 

diligence in doing so. If the list is 

incorrect and the person’s name should 

have been removed, the controlling 

railroad cannot be expected to prevent 

an unqualified person from operating in 

the joint operations territory. 

Several major railroads have voiced 

concern that because the listing is in 

such a constant state of flux, it would 

be extremely difficult to maintain an 

accurate listing at all times. In the joint 

operation context, a major railroad may 

face the challenge of coordinating a 

listing that includes separate lists 

submitted by more than 100 foreign 

railroads. Although FRA agrees that it 

will be challenging for some railroads 

that allow extensive joint operations to 

maintain an accurate written list, such 

railroads may find it easier to comply by 

maintaining the listing electronically. 

Maintaining the listing electronically 

has always been an option pursuant to 

§ 240.221(f), but it has not been 

extensively utilized. There is no 

question that modern technology has 

greatly improved since the rule’s 

issuance in 1991, and thus the ability 

and desire to electronically maintain the 

listing should be much greater. For 

example, it is possible to maintain a 

secure Web site where a controlling 

railroad can search a foreign railroad’s 

uploaded list of locomotive engineers to 

check: (1) Whether the person is 

certified and qualified for the joint 

operations territory; (2) the person’s 

class of service; and, (3) the date of the 

railroad’s certification decision. Another 

option may be for a foreign railroad to 

tap into its railroad crew management 

tracking system to produce a more 

detailed written or electronic list of its 

engineers to controlling railroads than 

what is currently being made available. 

Other electronically maintained options 

may be available and FRA encourages 

railroads controlling joint operations to 

consider options that would improve 

the usefulness of the required listing. 

Any railroad that would like to maintain 

the listing electronically is required to 

obtain approval from FRA pursuant to 

the requirements in § 240.221(f). 

While FRA recognizes that recent 

changes in status to any particular 

engineer might not be reflected in the 

listing immediately, FRA expects the 

listing to be updated with enough 

regularity so that it retains its 

usefulness. 

FRA believes that this notice provides 

sufficient information to guide parties 

that may have been confused by the 

requirements of § 240.221. However, 

FRA seeks comments on this notice 

from interested parties including any 

suggestions for providing more clarity, if 

necessary. Please refer to the Addresses 

section for additional information 

regarding the submission of comments. 

Issued in Washington DC on August 21, 

2008. 

Jo Strang, 

Associate Administrator for Safety. 

[FR Doc. E8–20032 Filed 8–28–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2008–0049] 

RIN 2127–AK31 

Federal Motor Vehicle Theft Prevention 

Standard; Final Listing of 2009 Light 

Duty Truck Lines Subject to the 

Requirements of This Standard and 

Exempted Vehicle Lines for Model Year 

2009 

Correction 

In rule document E8–18890 beginning 

on page 47847 in the issue of Friday, 

August 15, 2008, make the following 

correction: 

Appendix A–I to Part 541 [Corrected] 

On page 47849, in Appendix A–I to 

Part 541, in the second column of the 

table, in the 44th line entry, ‘‘Genesis3’’

should read‘‘Genesis1’’. 

[FR Doc. Z8–18890 Filed 8–28–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XJ69 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the September, October-November, and 

December time periods of the 2008 

fishing year, based on consideration of 

the determination criteria regarding 

inseason adjustments. 

DATES: The effective dates for the 

adjusted BFT daily retention limits are 

September 1, 2008, through December 

31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the Consolidated Highly 

Migratory Species Fishery Management 

Plan (Consolidated HMS FMP). The 

latest (2006) ICCAT recommendation for 

western Atlantic BFT included a U.S. 

quota of 1,190.12 mt, effective beginning 

in 2007, through 2008, and thereafter 

until changed (i.e., via a new ICCAT 


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50886 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 

recommendation). It is possible that 

additional changes to the daily retention 

limit (i.e., for the January 2009 General 

category fishery) may be necessary 

following ICCAT’s annual meeting in 

November 2008. 

The 2008 fishing year began on 

January 1, 2008, and ends December 31, 

2008. NMFS published final 

specifications on December 31, 2007 (72 

FR 74193) and increased the default 

General category retention limit of one 

large medium or giant BFT (measuring 

73 inches (185 cm) curved fork length 

(CFL) or greater) per vessel per day/trip 

to three large medium or giant BFT, 

measuring 73 inches CFL or greater, per 

vessel per day/trip for June 1 through 

August 31, 2008. Regardless of the 

duration of a fishing trip, no more than 

the daily retention limit may be on 

board a vessel. In addition, NMFS stated 

that it would consider adjustment of 

retention limits for future time periods, 

if warranted. In 2007, NMFS followed a 

similar course of action and raised 

General category retention limits via 

inseason actions to allow for a 

continuous three BFT retention limit, 

including for the January 2008 time 

period (72 FR 50257, August 31, 2007 

and 72 FR 61565, October 31, 2007) . 

Adjustment of General Category Daily 

Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the daily 

retention limit of large medium and 

giant BFT over a range of zero to a 

maximum of three per vessel based on 

consideration of the criteria provided 

under § 635.27(a)(8), which include: the 

usefulness of information obtained from 

catches in the particular category for 

biological sampling and monitoring of 

the status of the stock; the catches of the 

particular category quota to date and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made; the 

projected ability of the vessels fishing 

under the particular category quota to 

harvest the additional amount of BFT 

before the end of the fishing year; the 

estimated amounts by which quotas for 

other gear categories of the fishery might 

be exceeded; effects of the adjustment 

on BFT rebuilding and overfishing; 

effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; variations in 

seasonal distribution, abundance, or 

migration patterns of BFT; effects of 

catch rates in one area precluding 

vessels in another area from having a 

reasonable opportunity to harvest a 

portion of the category’s quota; and a 

review of dealer reports, daily landing 

trends, and the availability of the BFT 

on the fishing grounds. 

As of August 1, 2008, the coastwide 

General category has landed 50.8 metric 

tons (mt) out of a possible 740 mt, and 

landings rates remain less that 1.0 mt 

per day even though the General 

category retention limit was increased to 

three BFT per vessel per trip, measuring 

73 inches (185 cm) CFL or greater for 

January and for June through August 

2008. Starting on September 1, 2008, the 

General category daily retention limit, 

located at 50 CFR 635.23(a)(2), is 

scheduled to revert back to the default 

retention limit of one large medium or 

giant BFT (measuring 73 inches (185 

cm) CFL) or greater per vessel per day/ 

trip. This scheduled retention limit 

applies to General category permitted 

vessels and HMS Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). 

Each of the General category time 

periods (January, June-August, 

September, October-November, and 

December) is allocated a portion of the 

annual General category quota, thereby 

ensuring extended fishing opportunities 

in years when catch rates are high. In 

consideration of the rollover of unused 

quota from the January and June-August 

time periods, current catch rates, and 

the daily retention limit reverting to one 

large medium or giant BFT per vessel 

per day on September 1, 2008, NMFS 

anticipates the full 2008 fishing year 

General category quota will not be 

harvested. Adding an excessive amount 

of unused quota from one time-period 

subquota to the subsequent time-period 

subquota is undesirable because it 

effectively changes the time-period 

subquota allocation percentages 

established in the Consolidated HMS 

FMP and may contribute to excessive 

carryovers to subsequent fishing years. 

NMFS has considered the set of 

criteria cited above and their 

applicability to the commercial BFT 

retention limit for the remainder of the 

2008 fishing year. Based on these 

considerations, NMFS has determined 

that the General category retention 

should be adjusted to allow for retention 

of the established General category 

quota. Therefore, NMFS increases the 

General category retention limit from 

the default limits effective September 1, 

2008, through December 31, 2008. This 

adjustment increases the General 

category daily retention limit to three 

large medium or giant BFT, measuring 

73 inches (185 cm) CFL or greater, per 

vessel per day/trip. This General 

category retention limit is effective in all 

areas, except for the Gulf of Mexico, and 

applies to those vessel permitted in the 

General category as well as to those 

HMS Charter/Headboat permitted 

vessels fishing commercially for BFT. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. landings quota of BFT 

while maintaining an equitable 

distribution of fishing opportunities, to 

help achieve optimum yield in the 

General category BFT fishery, to collect 

a broad range of data for stock 

monitoring purposes, and to be 

consistent with the objectives of the 

Consolidated HMS FMP. 

Monitoring and Reporting 

NMFS selected the daily retention 

limit and the duration after examining 

an array of data as it pertains to the 

determination criteria. These data 

included, but were not limited to, 

current and previous catch and effort 

rates, quota availability, previous public 

comments on inseason management 

measures, stock status, etc. NMFS will 

continue to monitor the BFT fishery 

closely through the mandatory dealer 

landing reports, which NMFS requires 

to be submitted within 24 hours of a 

dealer receiving BFT. Depending on the 

level of fishing effort and catch rates of 

BFT, NMFS may determine that 

additional retention limit adjustments 

are necessary to ensure available quota 

is not exceeded or to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA), finds that it is 

impracticable and contrary to the public 

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action for the following reasons: 

NMFS continues to receive 

information refining its understanding 

of the commercial sector’s specific 

needs regarding retention limits through 

the latter portions of the 2008 season. 

NMFS assessments and analyses show 

catch rates to date have been low and 

that there is sufficient quota for an 

increase to the General category 

retention limit during the months of 

September through December 2008. 

The regulations implementing the 

Consolidated HMS FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 


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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 50887 

fishery. Affording prior notice and 

opportunity for public comment to 

implement these retention limits is 

impracticable as it would preclude 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that the General category 

BFT retention limits may be increased 

with minimal risks of exceeding the 

ICCAT-allocated quota. 

Delays in increasing these retention 

limits would adversely affect those 

General and Charter/Headboat category 

vessels that would otherwise have an 

opportunity to harvest more than the 

default retention limit of one BFT per 

day and may exacerbate the problem of 

low catch rates and quota rollovers. 

Limited opportunities to harvest the 

respective quotas may have negative 

social and economic impacts to U.S. 

fishermen that either depend upon 

catching the available quota within the 

time periods designated in the 

Consolidated HMS FMP. Adjustment to 

the retention limit needs to be effective 

September 1, 2008, to minimize any 

unnecessary disruption in fishing 

patterns and for the impacted sectors to 

benefit from the adjustments so as to not 

preclude fishing opportunities from 

fishermen who only have access to the 

fishery during this time period. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

and because this action relieves a 

restriction (i.e., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of more fish), there is also 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and (b)(3) and is 

exempt from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 26, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20181 Filed 8–28–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK11 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the C season allowance of the 2008 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 26, 2008, through 

1200 hrs, A.l.t., October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

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 MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The C season allowance of the 2008 

TAC of pollock in Statistical Area 630 

of the GOA is 4,431 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). In accordance with 

§ 679.20(a)(5)(iv)(B) the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), hereby decreases the C 

season pollock allowance by 753 mt, the 

amount of the B season allowance of the 

pollock TAC that was exceeded in 

Statistical Area 630. Therefore, the 

revised C season allowance of the 

pollock TAC in Statistical Area 630 is 

3,678 mt (4,431 mt minus 753 mt). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the C season allowance 

of the 2008 TAC of pollock in Statistical 

Area 630 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 3,518 mt, and is 

setting aside the remaining 160 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of August 25, 

2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 26, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–20156 Filed 8–26–08; 8:45 am] 

BILLING CODE 3510–22–S 


ebenthall on PRODPC60 with RULES