58898 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

(3) Folding, removable, and adjustable 

seats are measured in the configuration 

that results in the single largest 

maximum seating surface width. 

■ 5. Section 571.210 is amended by 

revising S4.3.2, S5.1, and the 

introductory text of S5.2 to read as 

follows: 

§ 571.210 Standard No. 210; Seat belt 

assembly anchorages 

* * * * * 

S4.3.2 Seat belt anchorages for the 

upper torso portion of Type 2 seat belt 

assemblies. Adjust the seat to its full 

rearward and downward position and 

adjust the seat back to its most upright 

position. With the seat and seat back so 

positioned, as specified by subsection 

(a) or (b) of this section, the upper end 

of the upper torso restraint shall be 

located within the acceptable range 

shown in Figure 1, with reference to a 

two-dimensional drafting template 

described in Society of Automotive 

Engineers (SAE) Standard J826, revised 

May 1987, ‘‘Devices for Use in Defining 

and Measuring Vehicle Seating 

Accommodation’’ (incorporated by 

reference, see § 571.5). The template’s 

‘‘H’’ point shall be at the design ‘‘H’’ 

point of the seat for its full rearward and 

full downward position, as defined in 

Society of Automotive Engineers (SAE) 

Recommended Practice J1100, revised 

June 1984, ‘‘Motor Vehicle Dimensions’’ 

(incorporated by reference, see § 571.5), 

and the template’s torso line shall be at 

the same angle from the vertical as the 

seat back. 

(a) For fixed anchorages, compliance 

with this section shall be determined at 

the vertical centerline of the bolt holes 

or, for designs using another means of 

attachment to the vehicle structure, at 

the centroid of such means. 

(b) For adjustable anchorages, 

compliance with this section shall be 

determined at the midpoint of the range 

of all adjustment positions. 

* * * * * 

S5.1 Seats with Type 1 or Type 2 

seat belt anchorages. With the seat in its 

rearmost position, apply a force of 

22,241 N in the direction in which the 

seat faces to a pelvic body block as 

described in Figure 2A, in a plane 

parallel to the longitudinal centerline of 

the vehicle for forward and rear facing 

seats, and in a plane perpendicular to 

the longitudinal centerline of the 

vehicle for side facing seats, with an 

initial force application angle of not less 

than 5 degrees or more than 15 degrees 

above the horizontal. Apply the force at 

the onset rate of not more than 222,411 

N per second. Attain the 22,241 N force 

in not more than 30 seconds and 

maintain it for 10 seconds. At the 

manufacturer’s option, the pelvic body 

block described in Figure 2B may be 

substituted for the pelvic body block 

described in Figure 2A to apply the 

specified force to the center set(s) of 

anchorages for any group of three or 

more sets of anchorages that are 

simultaneously loaded in accordance 

with S4.2.4 of this standard. 

S5.2 Seats with Type 2 or automatic 

seat belt anchorages. With the seat in its 

rearmost position, apply forces of 

13,345 N in the direction in which the 

seat faces simultaneously to a pelvic 

body block, as described in Figure 2A, 

and an upper torso body block, as 

described in Figure 3, in a plane parallel 

to the longitudinal centerline of the 

vehicle for forward and rear facing seats, 

and in a plane perpendicular to the 

longitudinal centerline of the vehicle for 

side facing seats, with an initial force 

application angle of not less than 5 

degrees nor more than 15 degrees above 

the horizontal. Apply the forces at the 

onset rate of not more than 133,447 N 

per second. Attain the 13,345 N force in 

not more than 30 seconds and maintain 

it for 10 seconds. At the manufacturer’s 

option, the pelvic body block described 

in Figure 2B may be substituted for the 

pelvic body block described in Figure 

2A to apply the specified force to the 

center set(s) of anchorages for any group 

of three or more sets of anchorages that 

are simultaneously loaded in 

accordance with S4.2.4 of this standard. 

* * * * * 

Issued: October 1, 2008. 

David Kelly, 

Acting Administrator. 

[FR Doc. E8–23577 Filed 10–7–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070717342–7713–02] 

RIN 0648–XJ86 

Fisheries of the Northeastern United 

States; Atlantic Surfclam and Ocean 

Quahog Fisheries; Suspension of 

Minimum Atlantic Surfclam Size Limit 

for Fishing Year 2009 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; suspension of 

the Atlantic surfclam minimum size 

limit. 

SUMMARY: NMFS suspends the 

minimum size limit of 4.75 inches (120 

mm) for Atlantic surfclams for the 2009 

fishing year. This action is taken under 

the authority of the implementing 

regulations for this fishery, which allow 

for the annual suspension of the 

minimum size limit based upon set 

criteria. The intended effect is to relieve 

the industry from a regulatory burden 

that is not necessary, as the majority of 

surfclams harvested are larger than the 

minimum size limit. 

DATES: Effective January 1, 2009, 

through December 31, 2009. 

ADDRESSES: Written inquiries may be 

sent to; Regional Administrator, 

National Marine Fisheries Service, 

Northeast Regional Office, One 

Blackburn Drive, Gloucester, MA 

01930–2298. 

FOR FURTHER INFORMATION CONTACT: 

Edward Stern, Fishery Management 

Specialist, (978) 281–9177; fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: Section 

648.72(c) of the regulations 

implementing the Fishery Management 

Plan (FMP) for the Atlantic Surfclam 

and Ocean Quahog Fisheries allows the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) to suspend 

annually, by publication of a 

notification in the Federal Register, the 

minimum size limit for Atlantic 

surfclams. This action may be taken 

unless discard, catch, and biological 

sampling data indicate that 30 percent 

of the Atlantic surfclam resource is 

smaller than 4.75 inches (120 mm) and 

the overall reduced size is not 

attributable to harvest from beds where 

growth of the individual clams has been 

reduced because of density-dependent 

factors. 

At its June 2008 meeting, the MidAtlantic Fishery Management Council 

voted to recommend that the Regional 

Administrator suspend the minimum 

size limit for the 2009 fishing year. In 

accordance with the provisions of the 

FMP, the Regional Administrator will 

publish the suspension of the surfclam 

minimum size if the proportion of 

undersized surfclams is under 30 

percent of the total surfclam landings 

for each fishing year. 

Commercial surfclam data for 2008 

were analyzed to determine the 

percentage of surfclams that were 

smaller than the minimum size 

requirement. The analysis indicated that 

2.83–percent of the overall commercial 

landings were composed of surfclams 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 58899 

that were less than 4.75 inches (120 

mm). Based on these data, the Regional 

Administrator adopts the Council’s 

recommendation and suspends the 

minimum size limit for Atlantic 

surfclams from January 1 through 

December 31, 2009. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 3, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–23874 Filed 10–7–08; 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–XL00 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Western Regulatory Area of 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 northern rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2008 total 

allowable catch (TAC) of northern 

rockfish in the Western Regulatory Area 

of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 5, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 Magnuson– 

Stevens 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 2008 TAC of northern rockfish in 

the Western Regulatory Area of the GOA 

is 2,141 metric tons (mt) as established 

by the 2008 and 2009 harvest 

specifications for groundfish of the GOA 

(73 FR 10562, February 27, 2008). The 

fishery was closed on July 7, 2008 (73 

FR 39626 July 2, 2008) and reopened on 

July 14, 2008 (73 FR 40765, July 10, 

2008). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of 

northern rockfish in the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 2,121 mt, and is 

setting aside the remaining 20 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 northern rockfish in 

the Western Regulatory Area 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 northern rockfish in 

the Western Regulatory Area 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 October 2, 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: October 3, 2008. 

Emily H. Menashes 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–23876 Filed 10–3–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XK99 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closures and 

openings. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Central 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the 2008 total allowable catch (TAC) of 

Atka mackerel in the Central Aleutian 

District of the BSAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 3, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson–Stevens 

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 2008 Atka mackerel TAC in the 

Central Aleutian District allocated to 

vessels participating in the BSAI trawl 

limited access fishery was established as 

434 metric tons (mt) by the final 2008 

and 2009 harvest specifications for 

groundfish in the BSAI (73 FR 10160, 

February 26, 2008), reallocation (73 FR 


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