Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations 9677

Counsel, Federal Railroad

Administration, 1120 Vermont Avenue,

NW., Mail Stop 10, Washington, DC

20590 (telephone: 202–493–6047).

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, FRA’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

section 553(b)(B) and 553(d)(3). Seeking

public comment is impracticable,

unnecessary and contrary to the public

interest. The temporary 60-day delay in

effective date is necessary to give

Department officials the opportunity for

further review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective

immediately upon publication.

Issued in Washington, DC on January 31,

2001.

Ray Rogers,

Acting Deputy Administrator.

[FR Doc. 01–3211 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 390

[Docket Nos. FMCSA–97–2858 and FMCSA–

99–5710]

RINs 2126–AA51 and 2126–A44 [formerly

RINs 2125–E22 and 2125–AE60]

Federal Motor Carrier Safety

Regulations; Definition of Commercial

Motor Vehicle (CMV); Requirements for

Operators of Small PassengerCarrying CMVs; Delay of Effective Date

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001 (66 FR 7702), this

action temporarily delays for 60 days

the effective date of the final rule

entitled ‘‘Federal Motor Carrier Safety

Regulations; Definition of Commercial

Motor Vehicle (CMV); Requirements for

Operators of Small Passenger-Carrying

CMVs,’’ published in the Federal

Register on January 11, 2001, at 66 FR

2756. That rule adopts the statutory

definition of a commercial motor

vehicle (CMV) at 49 U.S.C. 31132; and

amends the Federal Motor Carrier Safety

Regulations to require that motor

carriers operating CMVs designed or

used to transport between 9 and 15

passengers (including the driver) for

compensation file a motor carrier

identification report, mark their CMVs

with a USDOT identification number,

and maintain an accident register.

DATES: The effective date of the final

rule amending 49 CFR part 390

published at 66 FR 2756, January 11,

2001, is delayed for 60 days from

February 12, 2001, until April 13, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations (MC-PSV),

(202) 366–4009; or Mr. Charles E.

Medalen, Office of the Chief Counsel

(MC-CC), (202) 366–1354, Federal Motor

Carrier Safety Administration, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

action, it is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. 553(b)(A).

Alternatively, the FMCSA’s

implementation of this action without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

553(b)(B) and 553(d)(3). Seeking public

comment is impracticable, unnecessary

and contrary to the public interest. The

temporary 60-day delay in effective date

is necessary to give Department officials

the opportunituy for further review and

consideration of new regulations,

consistent with the Assistant to the

President’s memorandum of January 20,

2001. Given the imminence of the

effective date, seeking prior public

comment on this temporary delay

would have been impracticable, as well

as contrary to the public interest in the

orderly promulgation and

implementation of regulations. The

imminence of the effective date is also

good cause for making this action

effective immediately upon publication.

Dated: February 2, 2001.

Julie Anna Cirillo,

Assistant Administrator and Chief Safety

Officer.

[FR Doc. 01–3210 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 611

RIN 2132–AA63

Major Capital Investment Projects;

Partial Stay

AGENCY: Federal Transit Administration

(FTA), DOT.

ACTION: Final rule; partial stay of

effectiveness.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily stays 49 CFR part 611,

Major Capital Investment Projects,

which was published in the Federal

Register on December 7, 2000, at 65 FR

76864, with an effective date of

February 5, 2001. That rule describes

the procedures that FTA will use in the

New Starts project evaluation and rating

process. This temporary stay will allow

the Department an opportunity for

further consideration of this rule.

DATES: Effective February 5, 2001, 49

CFR part 611 is stayed until April 6,

2001, except for paragraphs (a)(1)(i)–(ii)

and (d) of Appendix A to Part 611,

which will become effective September

1, 2001.

FOR FURTHER INFORMATION CONTACT: For

program issues, John Day, Office of

Policy Development, FTA, (202) 366–

4060. For legal issues, Scott A. Biehl,

Assistant Chief Counsel, FTA, (202)

366–4063.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. section 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C. section

553(b)(A). Alternatively, FTA’s

implementation of this action without

opportunity for public comment,

effective February 5, 2001, is based on

the good cause exceptions in 5 U.S.C.

section 553(b)(B) and 553(d)(3). Seeking

public comment is impracticable,

unnecessary and contrary to the public

interest. The temporary 60-day stay of

the rule is necessary to give Department

officials the opportunity for further

9678 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Rules and Regulations

review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary stay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations. The imminence of the

effective date is also good cause for

making this action effective February 5,

2001.

Issued on: January 31, 2001.

Hiram J. Walker,

Acting Deputy Administrator.

[FR Doc. 01–3207 Filed 2–6–01; 5:05 pm]

BILLING CODE 4910–57–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 001120324–1030–02; I.D.

110700D]

RIN 0648–AO71

Fisheries of the Northeastern United

States; Atlantic Sea Scallop Fishery;

Extension of Closed Areas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule.

SUMMARY: This interim final rule

extends the closure of the Hudson

Canyon South and Virginia Beach Sea

Scallop Closed Areas on an interim

basis for 180 days or until such time

that a controlled area access program for

these two areas can be implemented

through Framework 14 to the Atlantic

Sea Scallop Fishery Management Plan

(FMP), whichever is sooner. This action,

which is necessary to reduce

overfishing, will help ensure that

fishing mortality rates do not exceed the

target thresholds established in the

FMP.

DATES: Effective March 2, 2001, through

August 8, 2001.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (EA/RIR/FRFA) and

any other documents supporting this

action are available from Patricia A.

Kurkul, Regional Administrator,

Northeast Regional Office, NMFS, 1

Blackburn Drive, Gloucester, MA

01930–2298. The EA/RIR/FRFA is

accessible via the Internet at http:/

www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Peter W. Christopher, Fishery Policy

Analyst, 978–281–9288, fax 978–281–

9135, e-mail

peter.christopher@noaa.gov.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this interim final rule

to the Regional Administrator at the

same address.

SUPPLEMENTARY INFORMATION: NMFS

implemented an interim final rule on

April 3, 1998 (63 FR 15324), that

established two areas in the MidAtlantic region that were closed to all

scallop fishing. This interim final rule

was subsequently extended for 180 days

(63 FR 51862, September 29, 1998) and

on March 29, 1999, Amendment 7 to the

FMP (64 FR 14835) extended the

effective date of the closures through

March 1, 2001.

While there are still concentrations of

small scallops in the Hudson Canyon

South and Virginia Beach Closed Areas,

recent surveys by the NMFS Northeast

Fisheries Science Center and Virginia

Institute of Marine Science indicate that

a large portion of the protected scallops

have grown and could be of

considerable value to the fishing

industry. To address the concern that

these scallops will be vulnerable to high

fishing pressure upon the re-opening of

the closed areas on March 1, 2001, the

New England Fishery Management

Council (Council) is currently

developing Framework Adjustment 14

to the FMP, which includes an area

access program for the Mid-Atlantic

closed areas. This program would

restrict scallop vessels when fishing in

the re-opened Mid-Atlantic closed areas

to a scallop possession limit and a

limited amount of trips, among other

measures. Because the Council is

preparing a Supplemental

Environmental Impact Statement for

Framework 14 to assess the impacts of

the fishery on the human environment,

it is highly unlikely that the framework

can be implemented by March 1, 2001,

the date that the Mid-Atlantic closed

areas are scheduled to re-open. An

extension of the closures is, therefore,

necessary to ensure that the areas do not

open prior to protective measures being

in place. NMFS published a proposed

rule for this action on December 1, 2000

(65 FR 75232) and no comments were

received in response to the request for

comments. Further details concerning

the justification for this interim final

rule were provided in the preamble to

the proposed rule and are not repeated

here.

This interim final rule will delay the

re-opening of the Hudson Canyon South

and Virginia Beach scallop closed areas

for 180 days or until such time that new

measures to prevent overfishing in the

areas are implemented, whichever is

sooner. This action is authorized by

section 305(c) of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) and may be

extended for an additional 180-day

period.

Classification

The need to implement these

measures in a timely manner to prevent

overfishing and reduce the likelihood of

long-term productivity losses and more

severe restrictions in the future,

constitutes good cause under 5 U.S.C.

553(d)(3) to delay for 15 days, rather

than 30 days, the effectiveness of this

interim final rule.

This interim final rule has been

determined to be not significant for

purposes of Executive Order 12866.

NMFS prepared an FRFA as part of a

regulatory impact review (RIR) that

describes the economic impact this

action, if adopted, would have on small

entities. A copy of the FRFA is available

from NMFS (see ADDRESSES). A

summary of the FRFA follows:

A description of the reasons why

action by the agency is being taken and

the objectives of this interim final rule

are explained in the preamble to the

proposed rule and are not repeated here.

This action does not contain any

collection-of-information, reporting,

recordkeeping or other compliance

requirements. This action is taken under

authority of the Magnuson-Stevens

Fishery Act and regulations at 50 CFR

part 648.

There were no public comments

submitted in response to the initial

regulatory flexibility analysis (IRFA). No

changes were made from the proposed

rule.

The FRFA considers the impacts that

this action will have on small entities,

which includes all holders of active

scallop permits, since none have

reported gross annual revenues greater

than $3 million. The 1999 fishing

season, March 1, 1999, to February 28,

2000, was the last full year of scallop

fishing activity available for analysis.

During that season, there were 345

qualified permits in the limited access

fishery. In addition, 2,095 permits were

issued to vessels in the open access

General Category.

The alternative implemented by this

interim final rule is expected to

minimize negative economic impacts on