Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50089 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

Codex has established an MRL for 

residues of hexythiazox on hops at 3 

ppm. The U.S. tolerance for residues of 

hexythiazox on hops cannot be 

harmonized based on approved label 

instructions. Based on available residue 

data, compliance with label instructions 

would result in exceedances of a 

tolerance harmonized with the Codex 

MRL. 

V. Conclusion 

Therefore, the existing tolerance for 

residues of the ovicide/miticide 

hexythiazox and its metabolites 

containing the (4-chlorophenyl)-4- 

methyl-2-oxo-3-thiazolidine moiety in/ 

on hop, dried cones is increased from 

2.0 ppm to 20 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action amends an existing 

tolerance under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this action has been exempted from 

review under Executive Order 12866, 

this action is not subject to Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 6, 2017. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.448 is amended by 

revising the entry ‘‘Hop, dried cones’’ in 

the table in paragraph (a) to read as 

follows: 

§ 180.448 Hexythiazox; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Hop, dried cones ........................ 20 

* * * * * 

* * * * * 

[FR Doc. 2017–23439 Filed 10–27–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2015–0056] 

RIN 2127–AL78 

Motor Vehicle Safety Standards; 

Electronic Stability Control Systems 

for Heavy Vehicles 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule; response to petition 

for reconsideration. 

SUMMARY: This final rule addresses a 

petition for reconsideration of the final 

rule for FMVSS No. 136, Electronic 

stability control systems for heavy 

vehicles. The petitioner, Truck and 

Engine Manufacturers Association 

(EMA), requested that NHTSA amend 

the test conditions for the agency’s 

performance test by allowing a larger 

lane width for long wheelbase truck 

tractors. After a careful technical review 

of the petition and the issues raised by 

the petitioner, the agency has decided to 

grant the petition because there is 

sufficient evidence to indicate that a 

larger lane width is needed for testing 

of long wheelbase truck tractors. 

DATES: The effective date of this final 

rule is November 29, 2017. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received not later than 

December 14, 2017. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

and notice number set forth above and 

be submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may contact 


nlaroche on DSK9F9SC42PROD with RULES
50090 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 

1 80 FR 36049. 

Patrick Hallan, Office of Crash 

Avoidance Standards, by telephone at 

(202) 366–9146, and by fax at (202) 493– 

2990. For legal issues, you may contact 

David Jasinski, Office of the Chief 

Counsel, by telephone at (202) 366– 

2992, and by fax at (202) 366–3820. You 

may send mail to both of these officials 

at the National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. FMVSS No. 136 and J-Turn Test 

Maneuver 

On June 23, 2015, NHTSA published 

a final rule establishing Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

136, Electronic stability control systems 

for heavy vehicles, requiring electronic 

stability control (ESC) systems on truck 

tractors and certain buses with a gross 

vehicle weight rating greater than 

11,793 kilograms (26,000 pounds).1 ESC 

systems in truck tractors and large buses 

are designed to reduce untripped 

rollovers and mitigate severe understeer 

or oversteer conditions that lead to loss 

of control using automatic computercontrolled braking and reducing engine 

torque output. 

To test the performance of ESC 

systems, NHTSA included a 150-foot 

radius J-turn test maneuver. The test 

course for the test maneuver is shown 

in Figure 1. This maneuver involves 

accelerating to a constant speed on a 

straight stretch of high-friction track 

before entering into a 150-foot radius 

curve. After entering the curve, the 

driver attempts to maintain the lane. At 

a speed that is up to 1.3 times the lowest 

entrance speed at which the ESC system 

activates, but no less than 48.3 km/h (30 

mph), an ESC system must activate the 

vehicle’s service brakes to slow the 

vehicle to 46.7 km/h (29 mph) within 3 

seconds after entering the curve and 

45.1 km/h (28 mph) within 4 seconds 

after entering the curve. The test vehicle 

must also remain within the lane. 

For truck tractors, the lane width is 

3.7 meters (12 feet) for both the straight 

section and the curved section of the 

course. However, after testing large 

buses, the agency determined that large 

buses require additional lane width on 

the curved section of the course because 

buses have longer wheelbases, which 

make it substantially more difficult to 

maintain a narrower lane within the 

curve. During testing of buses on a 3.7 

meter (12 foot) width lane, the bus 

could not maintain the lane because of 

the geometry of the vehicle, not because 

of lack of stability. NHTSA determined 

that 4.3 meters (14 feet) was an 

appropriate lane width for testing large 

buses. 

As described in the final rule, the 

nature of the J-turn test provides two 

criteria for ensuring vehicle 

responsiveness: Maintaining the lane 

within the fixed radius curve and a 

minimum test speed. These criteria for 

vehicle responsiveness are needed 

because there is a possibility of a 

manufacturer designing a vehicle that 


nlaroche on DSK9F9SC42PROD with RULESER30OC17.002</GPH>
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50091 

2See Stability Control System Test Track 

Research with a 2014 Prevost X3–45 Passenger 

Motorcoach, Docket No. NHTSA–2012–0065–0063. 

responds poorly to the operator’s speed 

and steering inputs, which would mask 

the actual performance of the ESC 

system. 

The first responsiveness criterion is 

the requirement that the vehicle 

maintain the lane during at least six of 

eight runs in the roll stability 

performance test series or at least two of 

four runs in the engine torque reduction 

test. This requirement ensures that, 

during J-turn test runs at increasing 

speeds, the ESC system activates before 

the vehicle becomes unstable. We 

allowed multiple test runs, instead of a 

single test run, to account for driver 

variability and possible driver error in 

conducting the maneuver. Absent driver 

error, we do not expect any vehicle 

equipped with a properly functioning 

ESC system to exceed the lane width 

during any of the tests using the J-turn 

maneuver. 

The other responsiveness criterion in 

the final rule is the minimum vehicle 

entry speed, which is 48 km/h (30 mph) 

for the roll performance test. The reason 

for this requirement is to discourage a 

manufacturer from designing a system 

that unnecessarily intervenes at very 

low speeds, thus artificially decreasing 

the speed at which the vehicle will 

enter the curve during the roll 

performance test. 

II. EMA Petition 

On August 7, 2015, the Truck and 

Engine Manufacturers Association 

(EMA) submitted a petition to NHTSA, 

pursuant to 49 CFR 553.35, requesting 

that the agency reconsider its June 2015 

final rule establishing FMVSS No. 136. 

EMA is a trade association representing 

manufacturers of commercial motor 

vehicles, including medium- and heavyduty truck tractors. EMA’s petition 

indicated that the 3.7 meter (12 foot) 

lane width used in the FMVSS No. 136 

test procedure presents difficulty in 

successfully completing the J-turn test 

for a small subset of truck tractors to 

achieve certification. According to 

EMA, long wheelbase truck tractors, 

such as specialty tractors and severe 

service tractors, cannot navigate the 

curve of the test course for the J-turn test 

maneuver because the radius paths of 

the trucks are dimensionally too large. 

This physical limitation does not allow 

the rear wheels to stay inside the 12- 

foot-wide lane. The petitioner states that 

this issue only affects certain long 

wheelbase truck tractors, which make 

up about one percent of the annual sales 

of the new truck tractor market. 

EMA asserted that the curved section 

of the 12-foot-wide lane is too narrow, 

and therefore, it is impracticable for the 

testing of a long wheelbase truck tractor 

with a wheelbase equal to or greater 

than 7112 millimeters (280 inches). 

EMA stated that it was challenging for 

the drivers of tractors with wheelbases 

larger than 280 inches to complete the 

maneuver in the 12-foot-wide lane, 

because there was not an adequate 

margin of physical space to account for 

test variability. EMA listed factors that 

contribute to the variability of its test 

results which included: (i) The length of 

the tractor’s wheelbase, (ii) the 

experience level of the test driver, (iii) 

whether the maneuver is conducted in 

the clockwise or counter-clockwise 

direction, and (iv) other vehicle 

attributes such as steering system, 

suspensions, axles, and tires. EMA has 

shown that there are dimensional 

limitations for certain long wheelbase 

truck tractors to conduct the J-turn test 

maneuver within 12-foot-wide lane and 

a larger lane width is needed to 

adequately test the ESC systems. 

In support of the petition for 

reconsideration, on June 30, 2016, EMA 

submitted data from testing and 

computer simulations indicating that a 

lane width of 4.3 meters (14 feet) was 

necessary for these long wheelbase truck 

tractors. EMA tested three truck tractors 

with three test drivers of varying 

degrees of experience in conducting the 

J-turn maneuver in both directions 

(clockwise and counterclockwise). EMA 

also performed computer simulations on 

three example tractors to do a static 

analysis showing the clearance of the 

truck tractor within the lane. Based on 

engineering recommendations from all 

of the major heavy-duty tractor 

manufacturers using the results of the 

computer simulations and the vehicle 

testing, EMA requests that truck tractors 

with a wheelbase equal to or greater 

than 7112 mm (280 inches) be 

conducted on a J-turn test course with 

a lane width of 4.3 meters (14 feet). 

III. Agency Decision 

Pursuant to the process established 

under 49 CFR 553.37, after carefully 

considering all aspects of the petition 

and its subsequent data submission, the 

agency has decided to grant the petition 

without further proceedings. EMA’s 

vehicle testing and computer simulation 

data support its position that truck 

tractors with a wheelbase equal to or 

greater than 7112 millimeters (280 

inches) should be conducted on a test 

course with a wider lane, and we 

believe the suggested width of 4.3 

meters (14 feet) is appropriate. The 

agency had made similar provisions for 

large buses by allowing a 14-foot-wide 

lane after first considering a 12-footwide lane.2 During bus testing, NHTSA 

observed a decrease in clearance 

between a vehicle and the lane 

boundaries as wheelbase length 

increases. EMA’s submission further 

reinforces this work and applies it to 

truck tractors. NHTSA agrees that there 

are dimensional limitations for long 

wheelbase vehicles that potentially 

make it impractical to conduct the J-turn 

test maneuver within 12-foot-wide lane, 

and a larger lane width is needed to 

adequately test the ESC systems. 

In order to ensure that the J-turn test 

maneuver tests the ESC system and not 

a test driver’s ability to maintain a 

narrow lane, NHTSA will adopt EMA’s 

suggested 4.3 meter (14 foot) lane width 

for testing longer wheelbase truck 

tractors. Despite the increased lane 

width requirement for these long 

wheelbase truck tractors, NHTSA is 

confident that the ESC systems in these 

long wheelbase truck tractors will be 

adequately tested for minimum 

performance using the J-turn test 

maneuver because the driver must 

maintain the lane within the same fixed 

radius curve and travel at the same 

minimum test speed as all other truck 

tractors. 

This change requires two 

clarifications. First, as with buses, the 

wider lane is used only in the curved 

section of the test course. The lane 

width of the straight section will remain 

3.7 meters (12 feet). The dimensional 

considerations that require a wider lane 

width for long wheelbase vehicles do 

not apply to straight sections of the test 

course. 

Second, NHTSA is clarifying the 

definition of wheelbase by including the 

definition in the regulatory text. For 

two-axle vehicles, the wheelbase is 

generally clear—the distance between 

the center of the front axle and the 

center of the rear axle. Moreover, for 

typical 6x4 truck tractors, which have 

tandem rear axles, we believe the 

definition of wheelbase is also clear— 

the distance between the center of the 

front axle and the center of the rear 

tandem axles. However, to clarify 

wheelbase for all vehicles, including 

those with liftable axles or tag axles, 

NHTSA is specifying that the wheelbase 

is the longitudinal distance between the 

center of the front axle and the center 

of the rear axle. For vehicles with 

tandem axles, the center of the axle is 

considered to be the midpoint between 

the centers of the most forward and 

most rearward of the tandem axles, 

measured with any liftable axles down. 


nlaroche on DSK9F9SC42PROD with RULES
50092 Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 

This definition is designed to directly 

reflect the geometrical concerns raised 

in the petition. Because all testing is 

done with any liftable axles in the 

lowered position, the wheelbase will be 

measured with liftable axles down so 

the wheelbase measurement accurately 

reflects the turning radius of the truck 

tractor. The term ‘‘tandem axle’’ is 

defined as it is in FMVSS Nos. 105 and 

121 as a group or set of two or more 

axles placed in close arrangement, one 

behind the other, with the centerlines of 

adjacent axles not more than 72 inches 

apart. 

IV. Rulemaking Analyses and Notices 

A. Executive Order 12866, Executive 

Order 13563, and DOT Regulatory 

Policies and Procedures 

The agency has considered the impact 

of this rulemaking action under 

Executive Orders 12866 and 13563 and 

the DOT’s regulatory policies and 

procedures. This action was not 

reviewed by the Office of Management 

and Budget under Executive Order 

12866. The agency has considered the 

impact of this action under the 

Department of Transportation’s 

regulatory policies and procedures (44 

FR 11034; February 26, 1979), and has 

determined that it is not ‘‘significant’’ 

under them. 

This action addresses a petition for 

reconsideration of the June 2015 final 

rule requiring ESC on truck tractors and 

certain large buses. However, the 

petition only addresses one test 

condition applicable to approximately 

one percent of truck tractors. This final 

rule amends the standard to allow long 

wheelbase truck tractors to be tested in 

a wider lane to account for the geometry 

of a turning vehicle and to ensure that 

the J-turn remains a test of the vehicle’s 

stability and not the test driver. This 

final rule imposes no costs and adjusts 

FMVSS No. 136 to give more flexibility 

to manufacturers testing long wheelbase 

trucks. This action will not have any 

safety impacts. 

B. Executive Order 13771 

Executive Order 13771 titled 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ directs that, unless 

prohibited by law, whenever an 

executive department or agency 

publicly proposes for notice and 

comment or otherwise promulgates a 

new regulation, it shall identify at least 

two existing regulations to be repealed. 

In addition, any new incremental costs 

associated with new regulations shall, to 

the extent permitted by law, be offset by 

the elimination of existing costs. Only 

those rules deemed significant under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ are 

subject to these requirements. As 

discussed above, this rule is not a 

significant rule under Executive Order 

12866 and, accordingly, is not subject to 

the offset requirements of Executive 

Order 13771. 

NHTSA has determined that this 

rulemaking is a deregulatory action 

under Executive Order 13771, as it 

imposes no costs and, instead, amends 

FMVSS No. 136 to give more flexibility 

to manufacturers of long wheelbase 

truck tractors by allowing a wider lane 

in the test course. Although NHTSA was 

not able to quantify any cost savings for 

this rule, in adopting an optional wider 

lane width for the testing of long 

wheelbase truck tractors, this final rule 

adjusts the standard to accommodate 

the larger physical size of certain truck 

tractors and improves the efficiency of 

testing. This issue only affects long 

wheelbase truck tractors, which make 

up about one percent of the annual sales 

of truck tractors. The optional wider 

lane width will remove the difficulties 

cited by the petitioner associated with 

navigating the test course for long 

wheelbase truck tractors under the 

current test conditions in the standard. 

C. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq., as amended by 

the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever an agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small governmental jurisdictions). The 

Small Business Administration’s 

regulations at 13 CFR part 121 define a 

small business, in part, as a business 

entity ‘‘which operates primarily within 

the United States.’’ (13 CFR 121.105(a)). 

No regulatory flexibility analysis is 

required if the head of an agency 

certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

NHTSA has considered the effects of 

this final rule under the Regulatory 

Flexibility Act. I certify that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. NHTSA does 

not believe that any truck tractor 

manufacturers affected by this rule 

qualify as small entities. To the extent 

any business entities affected by this 

final rule do qualify as small entities, 

this final rule will not have a significant 

economic impact. This final rule 

addresses one test condition applicable 

to only one percent of truck tractors. 

This action will not result in added 

expenses for those manufacturers. 

D. Privacy Act 

Anyone is able to search the 

electronic form of all documents 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http://

www.transportation.gov/privacy. 

E. Other Rulemaking Analyses and 

Notices 

In the June 2015 final rule, the agency 

discussed relevant requirements related 

to Executive Order 13132 (Federalism), 

Executive Order 12988 (Civil Justice 

Reform); Executive Order 13045 

(Protection of Children from 

Environmental Health and Safety Risks); 

the Paperwork Reduction Act, the 

National Technology Transfer and 

Advancement Act, the Unfunded 

Mandates Reform Act, and the National 

Environmental Policy Act. As today’s 

final rule merely adjusts one test 

condition in FMVSS No. 136 for 

approximately one percent of truck 

tractors subject to the standard, it will 

not have any effect on the agency’s 

analyses in those areas. 

List of Subjects in 49 CFR Parts 571 

Imports, Incorporation by reference, 

Motor vehicle safety, Reporting and 

recordkeeping requirements, Tires. 

In consideration of the foregoing, 

NHTSA amends 49 CFR part 571 as 

follows: 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

■ 1. The authority citation for part 571 

continues to read as follows: 

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

30117, and 30166; delegation of authority at 

49 CFR 1.95. 

■ 2. In § 571.136, amend S4 by adding 

in alphabetical order the definitions of 

‘‘tandem axle’’ and ‘‘wheelbase’’ and by 

revising S6.2.4.2 to read as follows: 


nlaroche on DSK9F9SC42PROD with RULES
Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Rules and Regulations 50093 

§ 571.136 Standard No. 136; Electronic 

stability control systems for heavy vehicles. 

* * * * * 

S4 Definitions. 

* * * * * 

Tandem axle means a group or set of 

two or more axles placed in close 

arrangement, one behind the other, with 

the centerlines of adjacent axles not 

more than 72 inches apart. 

* * * * * 

Wheelbase means the longitudinal 

distance between the center of the front 

axle and the center of the rear axle. For 

vehicles with tandem axles, the center 

of the axle is the midpoint between the 

centers of the most forward and most 

rearward tandem axles, measured when 

all liftable axles are in the lowered 

position. 

* * * * * 

S6.2.4.2 For truck tractors, the lane 

width of the test course is 3.7 meters (12 

feet). At the manufacturer’s option, for 

truck tractors with a wheelbase equal to 

or greater than 7112 mm (280 inches) 

the lane width of the test course is 3.7 

meters (12 feet) for the straight section 

and is 4.3 meters (14 feet) for the curved 

section. For buses, the lane width of the 

test course is 3.7 meters (12 feet) for the 

straight section and is 4.3 meters (14 

feet) for the curved section. 

* * * * * 

Issued on October 20, 2017 in Washington, 

DC, under authority delegated in 49 CFR 1.95 

and 501.5. 

Heidi R. King, 

Deputy Administrator. 

[FR Doc. 2017–23531 Filed 10–27–17; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF798 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

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 Pacific ocean perch in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2017 total 

allowable catch of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), October 25, 2017, 

through 2400 hours, A.l.t., December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 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 2017 total allowable catch (TAC) 

of Pacific ocean perch in the Western 

Regulatory Area of the GOA is 2,679 

metric tons (mt) as established by the 

final 2017 and 2018 harvest 

specifications for groundfish of the Gulf 

of Alaska (82 FR 12032, February 27, 

2017). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2017 TAC of Pacific 

ocean perch in the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 2,579 mt, and is setting 

aside 100 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 Pacific 

ocean perch 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 directed fishing for 

Pacific ocean perch 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 23, 2017. 

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 25, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–23536 Filed 10–25–17; 4:15 pm] 

BILLING CODE 3510–22–P 


nlaroche on DSK9F9SC42PROD with RULES