        DEPARTMENT OF TRANSPORTATION
        National Highway Traffic Safety Administration
        49 CFR Part 578
        [Docket No. NHTSA-06-24109; Notice 1]
        RIN 2127-AJ83
        Civil Penalties

          AGENCY:
          National Highway Traffic Safety Administration (NHTSA), DOT.

          ACTION:
          Notice of proposed rulemaking.

          SUMMARY:
          This document proposes to increase the maximum aggregate civil penalties for violations of the National Traffic and Motor Vehicle Safety Act, as amended. This action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, which requires us to review and, as warranted, adjust penalties based on inflation at least every four years. Additionally, this document proposes to codify statutory amendments to our penalty provisions and to make a technical correction to the text of the agency's penalty regulation.

          DATES:
          Comments on the proposal are due April 10, 2006.

          Proposed effective date: 30 days after date of publication of the final rule in the Federal Register.

          ADDRESSES:
          You may submit comments by any of the following methods:
          • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site.
          • Fax: 1-202-493-2251.
          • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590.
          • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
          • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.

            Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Request for Comments heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to http://dms.dot.gov, including any personal information provided. Please see the Privacy Act heading under Rulemaking Analyses and Notices.

            Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

          FOR FURTHER INFORMATION CONTACT:
          Michael Kido, Office of Chief Counsel, NHTSA, telephone (202) 366-5263, facsimile (202) 366-3820, 400 Seventh Street, SW., Washington, DC 20590.

        SUPPLEMENTARY INFORMATION:
        Background
        In order to preserve the remedial impact of civil penalties and to foster compliance with the law, the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990 (28 U.S.C. 2461 Notes, Pub. L. No. 101-410), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. No. 104-134) (referred to collectively as the “Adjustment Act” or, in context, the “Act”), requires us and other Federal agencies to adjust civil penalties for inflation. Under the Adjustment Act, following an initial adjustment that was capped by the Act, these agencies must make further adjustments, as warranted, to the amounts of penalties in statutes they administer at least once every four years.

        NHTSA's initial adjustment of civil penalties under the Adjustment Act was published on February 4, 1997. 62 FR 5167. At that time, we codified the penalties under statutes administered by NHTSA, as adjusted, in 49 CFR part 578, Civil Penalties. On July 14, 1999, we further adjusted certain penalties. 64 FR 37876. In 2000, the Transportation Recall Enhancement, Accountability, and Documentation (“TREAD”) Act increased the maximum penalties under the National Traffic and Motor Vehicle Safety Act as amended (sometimes referred to as the “Motor Vehicle Safety Act”). We codified those amendments in part 578 on November 14, 2000. 65 FR 68108. On August 7, 2001, we also adjusted certain penalty amounts pertaining to odometer requirements and disclosure and vehicle theft prevention. 66 FR 41149. On September 28, 2004, we adjusted the maximum penalty amounts for a related series of violations the agency's provisions governing vehicle safety, bumper standards, and consumer information. 69 FR 57864. Most recently, on September 8, 2005, the agency adjusted its penalty amounts for violations of its vehicle theft protection standards and those involving a related series of odometer fraud violations. 70 FR 53308.
        We have reviewed the civil penalty amounts in 49 CFR part 578 and propose in this notice to adjust certain penalties under the Adjustment Act. Those civil penalties that we are proposing to adjust address violations pertaining to single and related series of violations of the Motor Vehicle Safety Act.
        Method of Calculation—Proposed Adjustments
        Under the Adjustment Act, we determine the inflation adjustment for each applicable civil penalty by increasing the maximum civil penalty amount per violation by a cost-of-living adjustment, and then applying a rounding factor. Section 5(b) of the Adjustment Act defines the “cost-of-living” adjustment as:
        The percentage (if any) for each civil monetary penalty by which—
        (1) The Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds
        (2) The Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law.
        Since the proposed adjustment is intended to be effective before December 31, 2006, the “Consumer Price Index [CPI] for the month of June of the calendar year preceding the adjustment” would be the CPI for June 2005. This figure, based on the Adjustment Act's requirement of using the CPI “for all-urban consumers published by the Department of Labor” is 582.6.1
           The penalty amounts that NHTSA proposes to adjust based on the Adjustment Act's requirements were last set in 2000 for each violation of the Motor Vehicle Safety Act and adjusted in 2004 for a related series of violations of the Motor Vehicle Safety Act. The CPI figure for June 2000 is 516.5; the CPI figure for June 2004 is 568.2. Accordingly, the factors that we are using in calculating the proposed increases are 1.13 (582.6/516.5) for a single Motor Vehicle Safety Act violation and 1.02 (582.6/568.2) for a related series of Motor Vehicle Safety Act. Using these inflation factors, calculated increases under these adjustments are then subject to a specific rounding formula set forth in Section 5(a) of the Adjustment Act. 28 U.S.C. 2461, Notes. Under that formula:

            1 Individuals interested in deriving the CPI figures used by the agency may visit the Department of Labor's Consumer Price Index Home Page at http://www.bls.gov/cpi/home.htm. Scroll down to “Most Requested Statistics” and select the “All Urban Consumers (Current Series)” option, select the “U.S. ALL ITEMS 1967 = 100 — CUUR0000AA0” box, and click on the “Retrieve Data” button.

        Any increase shall be rounded to the nearest:
        (1) Multiple of $10 in the case of penalties less than or equal to $100;
        (2) Multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000;
        (3) Multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000;
        (4) Multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000;
        (5) Multiple of $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and
        (6) Multiple of $25,000 in the case of penalties greater than $200,000.
        Change to Maximum Penalties Under the Motor Vehicle Safety Act, 49 U.S.C. Chapter 301 (49 CFR 578.6(a))
        The maximum civil penalty for a violation of the Motor Vehicle Safety Act or a regulation thereunder is $5,000, as specified in 49 CFR 578.6(a)(1). Complementing this, the maximum penalty for a violation of 49 U.S.C. 30166 or a regulation thereunder is $5,000 per violation per day. See 49 CFR 578.6(a)(2). The underlying statutory civil penalty provision is 49 U.S.C. 30165(a). Applying the appropriate inflation factor (1.13) to the Adjustment Act calculation raises the $5,000 figure to $5,650, an increase of $650. Under the rounding formula, any increase in a penalty's amount shall be rounded to the nearest multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000. In this case, the increase would be $1,000. Accordingly, we propose that Section 578.6(a)(1) and (a)(2) be amended to increase the maximum civil penalty from $5,000 to $6,000 for a single violation and for each violation per day, respectively.
        Similarly, we are proposing that the maximum civil penalty for a related series of violations covered in 49 CFR 578.6(a)(1) and (2) be raised. Specifically, applying the appropriate inflation factor of 1.02 to the current amount of $16,050,000 raises this figure to $16,371,000, which yields an increase of $321,000. Applying the rounding rules, which instruct that increases be rounded to the closest $25,000, produces an increase of $325,000. Accordingly, we are proposing to increase the maximum amounts in 49 CFR 578.6(a)(1) and (2) to $16,375,000.
        We are also proposing to redesignate the current section 578.6(a)(2) as (a)(3) to parallel changes to 49 U.S.C. 30165 made in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). Pub. L. No. 109-59, 119 Stat. 1144, 1942-43 (2005). The current section 578.6(a)(2) was based on 49 U.S.C. 30165(a)(2). SAFETEA-LU redesignated that paragraph to 49 U.S.C. 30165(a)(3). 119 Stat. at 1942. The new section 578.6(a)(2) is discussed immediately below.
        Proposed Codification of School Bus Safety Penalty for a Violation of 49 U.S.C. § 30112(a) (As Amended by SAFETEA-LU)
        In addition to the adjustments described above, the agency is proposing to codify penalty provisions added to the Motor Vehicle Safety Act by SAFETEA-LU. See 119 Stat. 1144, 1942-43. This is consistent with the agency's practice of codifying civil penalties available under statutes that it administers in part 578. More particularly, in SAFETEA-LU, Congress added a prohibition related to the acquisition of noncomplying 15-passenger vans for school use. 49 U.S.C. 30112(a)(2) (as amended by SAFETEA-LU). 119 Stat. at 1942. Congress also added associated penalties (49 U.S.C. 30165(a)(2), as amended by SAFETEA-LU). See 119 Stat. at 1942-43. The proposed rule incorporates the SAFETEA-LU penalty provision in terms that parallel the existing 49 CFR 578.6 regulation. Based on the SAFETEA-LU penalty provision, proposed section 578.6(a)(2) provides that a single violation may result in a maximum penalty amount of $10,000, while a related series of violations may result in a maximum penalty amount of $15,000,000. These penalties, like others under statutes NHTSA administers, would be subject to periodic adjustments under the Adjustment Act.
        Technical Correction

        Finally, the agency is proposing to amend the language in Section 578.6(a) to achieve consistency with the current statutory text. Specifically, Section 578.6(a) makes reference to violations of 49 U.S.C. 30123(d), which addresses the treatment of regrooved tires. On June 9, 1998, this statutory provision was redesignated as subsection (a). See Pub. L. No. 105-178, 112 Stat. 107, 467. Accordingly, we are proposing to make corresponding changes in the regulation to reflect this redesignation.
        Effective Date

        The amendments would be effective 30 days after publication of the final rule in the Federal Register. The adjusted penalties would apply to violations occurring on and after the effective date.
        Request for Comments
        How Do I Prepare and Submit Comments?
        Your comments must be written and in English. To ensure that your comments are correctly filed in the Docket, please include the docket number of this document in your comments.
        Your comments must not be more than 15 pages long (49 CFR 553.21). We established this limit to encourage you to write your primary comments in a concise fashion. However, you may attach necessary additional documents to your comments. There is no limit on the length of the attachments.

        Please submit two copies of your comments, including the attachments, to Docket Management at the beginning of this document, under ADDRESSES. You may also submit your comments electronically to the docket following the steps outlined under ADDRESSES.

        How Can I Be Sure That My Comments Were Received?
        If you wish Docket Management to notify you upon its receipt of your comments, enclose a self-addressed, stamped postcard in the envelope containing your comments. Upon receiving your comments, Docket Management will return the postcard by mail.
        How Do I Submit Confidential Business Information?

        If you wish to submit any information under a claim of confidentiality, you should submit the following to the Chief Counsel (NCC-110) at the address given at the beginning of this document under the heading FOR FURTHER INFORMATION CONTACT: (1) A complete copy of the submission; (2) a redacted copy of the submission with the confidential information removed; and (3) either a second complete copy or those portions of the submission containing the material for which confidential treatment is claimed and any additional information that you deem important to the Chief Counsel's consideration of your confidentiality claim. A request for confidential treatment that complies with 49 CFR part 512 must accompany the complete submission provided to the Chief Counsel. For further information, submitters who plan to request confidential treatment for any portion of their submissions are advised to review 49 CFR part 512, particularly those sections relating to document submission requirements. Failure to adhere to the requirements of part 512 may result in the release of confidential information to the public docket. In addition, you should submit two copies from which you have deleted the claimed confidential business information, to Docket Management at the address given at the beginning of this document under ADDRESSES.

        Will the Agency Consider Late Comments?

        We will consider all comments that Docket Management receives before the close of business on the comment closing date indicated at the beginning of this notice under DATES. In accordance with our policies, to the extent possible, we will also consider comments that Docket Management receives after the specified comment closing date. If Docket Management receives a comment too late for us to consider in developing the proposed rule, we will consider that comment as an informal suggestion for future rulemaking action.
        How Can I Read the Comments Submitted by Other People?

        You may read the comments received by Docket Management at the address and times given near the beginning of this document under ADDRESSES.

        You may also see the comments on the Internet. To read the comments on the Internet, take the following steps:

        (1) Go to the Docket Management System (DMS) Web page of the Department of Transportation (http://dms.dot.gov/).
        (2) On that page, click on “search.”
        (3) On the next page (http://dms.dot.gov/search/), type in the four-digit docket number shown at the heading of this document. Example: if the docket number were “NHTSA-2006-1234,” you would type “1234.”
        (4) After typing the docket number, click on “search.”
        (5) The next page contains docket summary information for the docket you selected. Click on the comments you wish to see.
        You may download the comments. The comments are imaged documents, in either TIFF or PDF format. Please note that even after the comment closing date, we will continue to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new material.
        Rulemaking Analyses and Notices
        Executive Order 12866 and DOT Regulatory Policies and Procedures
        We have considered the impact of this rulemaking action under Executive Order 12866 and the Department of Transportation's regulatory policies and procedures. This rulemaking document was not reviewed under Executive Order 12866, “Regulatory Planning and Review.” This action is limited to the proposed adoption of adjustments of civil penalties under statutes that the agency enforces, and has been determined to be not “significant” under the Department of Transportation's regulatory policies and procedures.
        Regulatory Flexibility Act
        We have also considered the impacts of this notice under the Regulatory Flexibility Act. I certify that a final rule based on this proposal will not have a significant economic impact on a substantial number of small entities. The following provides the factual basis for this certification under 5 U.S.C. 605(b). The proposed amendments almost entirely potentially affect manufacturers of motor vehicles and motor vehicle equipment.
        The Small Business Administration's regulations define a small business in part as a business entity “which operates primarily within the United States.” 13 CFR 121.105(a). SBA's size standards were previously organized according to Standard Industrial Classification (“SIC”) Codes. SIC Code 336211 “Motor Vehicle Body Manufacturing” applied a small business size standard of 1,000 employees or fewer. SBA now uses size standards based on the North American Industry Classification System (“NAICS”), Subsector 336—Transportation Equipment Manufacturing, which provides a small business size standard of 1,000 employees or fewer for automobile manufacturing businesses. Other motor vehicle-related industries have lower size requirements that range between 500 and 750 employees.2

            2 For example, according to the new SBA coding system, businesses that manufacture truck trailers, travel trailers/campers, carburetors, pistons, piston rings, valves, vehicular lighting equipment, motor vehicle seating/interior trim, and motor vehicle stamping qualify as small businesses if they employ 500 or fewer employees. Similarly, businesses that manufacture gasoline engines, engine parts, electrical and electronic equipment (non-vehicle lighting), motor vehicle steering/suspension components (excluding springs), motor vehicle brake systems, transmissions/power train parts, motor vehicle air-conditioning, and all other motor vehicle parts qualify as small businesses if they employ 750 or fewer employees. See http://www.sba.gov/size/sizetable.pdf for further details.

        Many small businesses are subject to the penalty provisions of 49 U.S.C. Chapters 301 (Motor Vehicle Safety Act) and therefore may be affected by the adjustments that this NPRM proposes to make. For example, based on comprehensive reporting pursuant to the early warning reporting (EWR) rule under the Motor Vehicle Safety Act, 49 CFR part 579, of the more than 60 light vehicle manufacturers reporting, over half are small businesses. Also, there are other, relatively low production light vehicle manufacturers that are not subject to comprehensive EWR reporting. Furthermore, there are about 98 registered importers. Equipment manufacturers are also subject to penalties under 49 U.S.C. 30165.
        As noted throughout this preamble, this proposed rule would only increase the maximum penalty amounts that the agency could obtain for a single violation and a related series of violations of the Motor Vehicle Safety Act. The proposed rule does not set the amount of penalties for any particular violation or series of violations. Under the Motor Vehicle Safety Act, the penalty provision requires the agency to take into account the size of a business when determining the appropriate penalty in an individual case. See 49 U.S.C. 30165(b). The agency would also consider the size of a business under its civil penalty policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10, 1997) (NHTSA's civil penalty policy under the Small Business Regulatory Enforcement Fairness Act (“SBREFA”)). The penalty adjustments that are being proposed would not affect our civil penalty policy under SBREFA.
        Since this regulation would not establish penalty amounts, this proposal will not have a significant economic impact on small businesses.
        Small organizations and governmental jurisdictions would not be significantly affected as the price of motor vehicles and equipment ought not change as the result of this proposed rule. As explained above, this action is limited to the proposed adoption of a statutory directive, and has been determined to be not “significant” under the Department of Transportation's regulatory policies and procedures.
        Executive Order 13132 (Federalism)
        Executive Order 13132 requires NHTSA to develop an accountable process to ensure ”meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the proposed regulation.
        This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The reason is that this final rule applies to motor vehicle manufacturers, and not to the States or local governments. Thus, the requirements of Section 6 of the Executive Order do not apply.
        Unfunded Mandates Reform Act of 1995
        The Unfunded Mandates Reform Act of 1995, Public Law 104-4, requires agencies to prepare a written assessment of the cost, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Because this rule will not have a $100 million effect, no Unfunded Mandates assessment will be prepared.
        National Environmental Policy Act
        We have also analyzed this rulemaking action under the National Environmental Policy Act and determined that it has no significant impact on the human environment.
        Executive Order 12778 (Civil Justice Reform)
        This proposed rule does not have a retroactive or preemptive effect. Judicial review of a rule based on this proposal may be obtained pursuant to 5 U.S.C. 702. That section does not require that a petition for reconsideration be filed prior to seeking judicial review.
        Paperwork Reduction Act
        In accordance with the Paperwork Reduction Act of 1980, we state that there are no requirements for information collection associated with this rulemaking action.
        Privacy Act

        Please note that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, 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 (Volume 65, Number 70; Pages 19477-78), or you may visit http://dms.dot.gov.

          List of Subjects in 49 CFR Part 578
          Imports, Motor vehicle safety, Motor vehicles, Rubber and Rubber Products, Tires, Penalties.

        In consideration of the foregoing, 49 CFR part 578 would be amended as set forth below.

          PART 578—CIVIL AND CRIMINAL PENALTIES
          1. The authority citation for 49 CFR part 578 would continue to read as follows:

            Authority:
            Pub. L. No. 101-410, Pub. L. No. 104-134, Pub. L. No. 109-59, 49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32912, and 33115; delegation of authority at 49 CFR 1.50.

          2. Section 578.6 would be amended by redesignating paragraph (a)(2) as (a)(3), adding a new paragraph (a)(2), and revising paragraph (a)(1) and the newly redesignated paragraph (a)(3) to read as follows:

            § 578.6
            Civil penalties for violations of specified provisions of Title 49 of the United States Code.
            (a) Motor vehicle safety. (1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $6,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum civil penalty under this paragraph for a related series of violations is $16,375,000.
            (2) School buses. (A) Notwithstanding paragraph (a)(1), a person who (i) violates section 30112(a)(1) of Title 49 United States Code by the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in 49 U.S.C. 30125(a)) or (ii) violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $10,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.
            (3) Section 30166. A person who violates section 30166 of Title 49 of the United States Code or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $6,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $16,375,000.

            Issued on: March 2, 2006.
            Stephen P. Wood,
            Acting Chief Counsel.

       [FR Doc. E6-3307 Filed 3-8-06; 8:45 am]
      BILLING CODE 4910-59-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [Docket No. 040617187-4187-01; I.D. 060704H]
        RIN 0648-AR85
        Fisheries Off West Coast States and in the Western Pacific; Western  Pacific Bottomfish Fishery; Fishing Moratorium

          AGENCY:
          National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Proposed rule; request for comments.

          SUMMARY:

           NMFS proposes to extend the current moratorium on harvesting seamount groundfish from the Hancock Seamount in the Northwestern Hawaiian Islands (NWHI) for 6 years, until August 31, 2010.  The fishery has been under a moratorium since 1986.  This action is being taken in response to a recommendation by the Western Pacific Fishery Management Council from its Bottomfish Plan Team (Plan Team) and Scientific and Statistical Committee (SSC) that revealed that pelagic armorhead (Pseudopentaceros wheeleri; formerly, Pentaceros richardsoni), an overfished stock, has not recovered.  The intent of this action is to allow the protection provided for this resource to continue.

          DATES:
           Comments must be submitted by July 12, 2004.

          ADDRESSES:
          You may submit comments on this proposed rule by any of the following methods:
          •E-mail: 0648-AR85.PIR@noaa.gov.  Include in the subject line of the e-mail comment the following document identifier:   0648-AR85.
          •Federal e-Rulemaking portal: http://www.regulations.gov Follow the instructions for submitting comments.
          •Mail:   William L. Robinson,  Regional Administrator, Pacific Islands Region, NOAA Fisheries, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814.

          •Fax:  (808) 973-2941.

          FOR FURTHER INFORMATION CONTACT:
           Mr. Lewis Van Fossen, Resource Management Specialist, Sustainable Fisheries Division 808-973-2937.

        SUPPLEMENTARY INFORMATION:

        When the Fishery Management Plan for the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region (FMP) was implemented (51 FR 27413, July 31, 1986), it was determined that a 6-year moratorium on fishing at Hancock Seamount was needed to aid the recovery of the pelagic armorhead (Pseudopentaceros wheeleri; formerly, Pentaceros richrdsoni).  Foreign vessels over-exploited the seamount groundfish resources before the Fishery Conservation and Management Act (Magnuson-Stevens Act) was enacted. There has never been a domestic fishery targeting these stocks.  Periodic reviews since the original moratorium indicated that no recovery of the stock has occurred.  Therefore, the moratorium was extended twice in 6-year increments in 1992 and 1998 (57 FR 36907, August 17, 1992; and 63 FR 35162, June 29, 1998; respectively).
        The last U.S. research cruise of the Hancock Seamount was conducted in 1993. However, the Japanese trawl fleet continues to harvest pelagic armorhead on neighboring seamounts outside of the U.S. exclusive economic zone (U.S. EEZ) surrounding the NWHI.  According to information provided by the Japan National Research Institute of Far Seas Fisheries, the most current (2002) spawning potential ratio (SPR) for the armorhead stock is 0.1 percent at all seamounts outside of the U.S. EEZ.  These seamounts comprise 95 percent of the trawl grounds for the Japanese trawl fishery.  Based on the low SPR value, it is inferred that the status of the Hancock Seamount is similarly depressed and well under the current 20 percent SPR definition of an overfished stock.  At its October 2003 meeting the Council heard reports from its Plan Team and SSC on the status of the seamount groundfish resources.  On the basis of those reports, and in accordance with the framework at 50 CFR 660.67, the Council recommended a permanent closure of the Hancock Seamount to the harvest of groundfish resources.  However, it is unlikely that an amendment to the FMP permanently closing Hancock Seamount to the harvesting of groundfish resources could be completed before the current moratorium expires on August 31, 2004.  Therefore, at its March 2004 meeting, the Council recommended extending the current moratorium another 6 years (i.e., August 31, 2010).  During the proposed moratorium an amendment to the FMP that would permanently close Hancock Seamount could be developed.
        Classification
        This proposed rule has been determined to be not significant for the purposes of E.O. 12866.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities as follows:

          The purpose of the proposed action is to enhance the recovery of a stock as overfished under the Magnuson-Stevens Act by extending the moratorium on the harvest of groundfish resources at Hancock Seamount in the U.S. EEZ around the NWHI for six years.  This extension will enhance the likelihood of recovery for the pelagic armorhead (Pseudopentaceros wheeleri; formerly, Pentaceros richardsoni). Because there has never been a U.S. fishery targeting seamount groundfish stocks on the Hancock Seamount, no U.S. interests or small entities would be immediately affected.  It is unlikely that any U.S. fishermen would show an interest in starting a U.S. fishery for pelagic armorhead. There is a remote possibility that a vessel employing bottom trawl gear or demersal longline gear would show an interest in groundfish resources at Hancock Seamount.  However, it is unlikely that such an effort would be ultimately profitable. Any profitability would be short-lived and, definitely, to the detriment of the resource. Use of bottom trawl gear for groundfish resources is prohibited under the current FMP.  Therefore, there are no vessels so-equipped in Hawaii, and any trawl vessel targeting pelagic armorhead would need to transit from the western U.S. or Alaska or equip in Hawaii.  It is unlikely that the investment in gear and fuel would be worth the likely returns on a short-lived fishery.  Demersal longline fishing for pelagic armorhead would be ultimately unattractive for the same reasons as bottom trawl fishing.

        As a result, an Initial Regulatory Flexibility Analysis was not prepared.

          List of Subjects in 50 CFR Part 660
          Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping requirements.

          Dated:  June 21, 2004.
          William T. Hogarth,
          Assistant Administrator for Fisheries, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 660 is proposed to be amended as follows:

          PART 660—FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC

        1.  The authority citation for part 660 continues to read as follows:

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

        2.  Section 660.68 is revised to read as follows:

          § 660.68
          Fishing moratorium on Hancock Seamount.
          Fishing for bottomfish and seamount groundfish on the Hancock Seamount is prohibited through August 31, 2010.

      [FR Doc. 04-14472 Filed 6-24-04; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Part 31
        [FAR Case 2004-014]
        RIN:  9000-AK19
        Federal Acquisition Regulation; Buy-Back of Assets

          AGENCIES:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule.

          SUMMARY:
          The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising the contract cost principle regarding depreciation. The proposed rule adds language which addresses the allowability of depreciation costs of reacquired assets involved in a sales and leaseback arrangement.

          DATES:
          Interested parties should submit comments in writing on or before August 12, 2005, to be considered in the formulation of a final rule.

          ADDRESSES:
          Submit comments identified by FAR case 2004-014 by any of the following methods:
          Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          Agency Web Site: http://www.acqnet.gov/far/ProposedRules/proposed.htm.  Click on the FAR case number to submit comments.
          E-mail: farcase.2004-014@gsa.gov. Include FAR case 2004-014 in the subject line of the message.
          Fax:  202-501-4067.
          Mail:  General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN:  Laurieann Duarte, Washington, DC  20405.

            Instructions:  Please submit comments only and cite FAR case 2004-014 in all correspondence related to this case. All comments received will be posted without change to http://www.acqnet.gov/far/ProposedRules/proposed.htm, including any personal information provided.

          FOR FURTHER INFORMATION CONTACT:
          The FAR Secretariat at (202) 501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Jeremy Olson, at (202) 501-3221. Please cite FAR case 2004-014.

        SUPPLEMENTARY INFORMATION:
        A.  Background
        In response to public comments related to FAR 31.205-16 (submitted under FAR Case 2002-008), the Councils revised the proposed rule to state that the disposition date is the date of the sale and leaseback arrangement, rather than at the end of the lease term. During the deliberations on this case, the Defense Contract Audit Agency brought to the Councils’ attention a concern regarding the cost treatment when a contractor “buys back” an asset after a sale and leaseback transaction is recognized under the revised proposed rule. The Councils recognized this concern, not just for sale and leaseback arrangements, but also for assets that are purchased, depreciated, sold, and repurchased. As such, the issue involves a myriad of situations where a contractor depreciates an asset or charges cost of ownership in lieu of lease costs, disposes of that asset, and then reacquires the asset. The Councils recognized this issue required research and deliberation and established a new case (FAR Case 2004-014) to address this buy-back issue.

        The Councils recognize that there are situations when a contractor can and will reacquire an asset after relinquishing title, in either a sale and leaseback arrangement or simply a typical sale and subsequent repurchase. It appears that the only area that currently requires coverage is in the case of a sale and leaseback arrangement. The coverage related to a sale and leaseback arrangement is needed as a result of the changes made under FAR Case 2004-005, Gains and Losses (see Federal Register 70 FR 33673, dated June 8, 2005).

        Currently, no situations in which the Government was at risk in the areas of typical sale and reacquisition, or capital leases were identified. FAR 31.205-11(f) and 31.205-36(b)(3) currently provide coverage for typical sale and reacquisition transactions at less than arm’s-length. In addition, FAR 31.205-11(i) requires contractors to treat leases meeting the definition of a capital lease in FAS-13 as an asset owned by the contractor. The subsequent acquisition of title to the asset is not a disposition and therefore no gain or loss need to be considered. In addition, the GAAP treatment of the acquisition of an asset under a capital lease, which in effect steps-up the value of the asset, would result in an unallowable cost, based on the intent of the FAR as shown in FAR 31.205-52, Asset valuations resulting from business combinations.
        The Councils recommend revising FAR 31.205-11, Depreciation, to include specific language regarding the treatment of assets reacquired after entering into a sale and leaseback arrangement. The Councils believe this will eliminate potential disagreements regarding the allowable depreciation expense of assets involved in a sale and leaseback arrangement.
        The Councils believe that, for Government contract costing purposes, a contractor should not benefit or be penalized for entering into a sale and leaseback arrangement. The Government should reimburse the contractor the same amount for the subject asset as if the contractor had retained title throughout the service life of the asset. Therefore, the Councils recommend that the determination of allowable depreciation expense of the reacquired asset consider—
        •  Any gain or loss recognized in accordance with FAR 31.205-16(b);
        • Any depreciation expense included in the calculation of the normal cost of ownership for the limitations at FAR 31.205-11(h)(1) and 31.205-36(b)(2); and
        •  The depreciation expense taken prior to the sale and leaseback arrangement.
        This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
        B.  Regulatory Flexibility Act

        The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because most contracts awarded to small entities use simplified acquisition procedures or are awarded on a competitive, fixed-price basis, and do not require application of the cost principles and procedures discussed in this rule. For fiscal year 2003, only 2.4 percent of all contract actions were cost contracts awarded to small business. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Part 31 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2004-014), in correspondence.
        C.  Paperwork Reduction Act

        The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

          List of Subjects in 48 CFR Part 31
          Government procurement.

          Dated: June 8, 2005.
          Julia B. Wise,
          Director, Contract Policy Division.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR part 31 as set forth below:

          PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES
          1. The authority citation for 48 CFR part 31 is revised to read as follows:

            Authority:
            40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

          2. Amend section 31.205-11 by—
          a. Revising paragraph (g);
          b. Removing paragraph (h); and
          c. Redesignating paragraph (i) as (h).
          The revised text reads as follows:

            31.205-11
             Depreciation.

            (g) Whether or not the contract is otherwise subject to CAS, the following apply:
            (1) The requirements of 31.205-52 shall be observed.
            (2) In the event of a write-down from carrying value to fair value as a result of impairments caused by events or changes in circumstances, allowable depreciation of the impaired assets is limited to the amounts that would have been allowed had the assets not been written down (see 31.205-16(g)). However, this does not preclude a change in depreciation resulting from other causes such as permissible changes in estimates of service life, consumption of services, or residual value.
            (3)(i) In the event the contractor reacquires property involved in a sale and leaseback arrangement, allowable depreciation of reacquired property shall be based on the net book value of the asset as of the date the contractor originally became a lessee of the property in the sale and leaseback arrangement—
            (A) Adjusted for any allowable gain or loss determined in accordance with 31.205-16(b); and
            (B) Less any amount of depreciation expense included in the calculation of the amount that would have been allowed had the contractor retained title under 31.205-11(h)(1) and 31.205-36(b)(2).
            (ii) As used in this paragraph (g)(3), “reacquired property” is property that generated either any depreciation expense or any cost of money considered in the calculation of the limitations under 31.205-11(h)(1) and 31.205-36(b)(2) during the most recent accounting period prior to the date of reacquisition.

      [FR Doc. 05-11643 Filed 6-10-05; 8:45 am]
      BILLING CODE 6820-EP-S


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 04-3807; MB Docket No. 04-429, RM-11120]
        Radio Broadcasting Services; Burlington and Cary, NC

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:

          This document sets forth a proposal to amend the FM Table of Allotments, § 73.202(b) of the Commission's rules, 47 CFR 73.202(b). The Commission requests comment on a petition filed by Capstar TX Limited Partnership, licensee of Station WRSN-FM, Channel 230C, Burlington, North Carolina. Petitioner proposes the deletion of Channel 230C at Burlington, North Carolina, and the addition of Channel 230C at Cary, North Carolina, as a first local service. Channel 230C can be allotted at Cary in compliance with the Commission's minimum distance separation requirements with a site restriction of 35.4 kilometers (22.0 miles) from Cary. The proposed coordinates for Channel 230C at Cary are 35-52-15 North Latitude and 79-09-40 West Longitude. See
            SUPPLEMENTARY INFORMATION
            infra.

          DATES:
          Comments must be filed on or before January 31, 2005, and reply comments on or before February 15, 2005.

          ADDRESSES:
          Federal Communications Commission, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for the petitioner as follows: Mark N. Lipp, Esq. and J. Thomas Nolan, Esq., Vinson & Elkins, L.L.P., 1455 Pennsylvania Avenue, NW., Suite 600, Washington, DC 20004-1008.

          FOR FURTHER INFORMATION CONTACT:
          Deborah A. Dupont, Media Bureau (202) 418-7072.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 04-429, adopted December 8, 2004, and released December 10, 2004. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street, SW., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW, Room CY-B402, Washington, DC, 20554, (800) 378-3160, or via the company's Web site, www.bcpiweb.com.

        The Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.

        For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Radio, Radio broadcasting.

        For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows:

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for Part 73 continues to read as follows:

            Authority:
            47 U.S.C. 154, 303, 334 and 336.

            § 73.202
            [Amended]
            2. Section 73.202(b), the Table of FM Allotments under North Carolina, is amended by removing Channel 230C at Burlington, and by adding Cary, Channel 230C.

            Federal Communications Commission.
            John A. Karousos,
            Assistant Chief, Audio Division, Media Bureau.

      [FR Doc. 04-28416 Filed 12-28-04; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 600
        [I.D. 120302D]
        Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits (EFPs)

          AGENCY:
          Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS)

          ACTION:
          Notification of a proposal for EFPs to conduct experimental fishing; request for comments.

          SUMMARY:
          The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject EFP application contains all required information and warrants further consideration.  The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP).  However, further review and consultation may be necessary before a final determination is made to issue EFPs.  Therefore, NMFS announces that the Regional Administrator proposes to issue EFPs that would allow three vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States.  The EFPs would exempt these vessels from minimum mesh size requirements of the Gulf of Maine (GOM) Regulated Mesh Area (RMA), days-at-sea (DAS) requirements, and the restrictions of GOM Rolling Closure Areas IV and V.  The proposed experiment would consist of a codend mesh selectivity study in the GOM RMA.  This study would test four codends, two single and two composite, designed to accommodate new mesh-size regulations in various configurations.  All experimental work would be monitored by Manomet Center for Conservation Sciences (Manomet) personnel. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

          DATES:

          Comments on this action must be received at the appropriate address or fax number (see ADDRESSES) on or before  January 6, 2003.

          ADDRESSES:
          Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, NE Regional Office, 1 Blackburn Drive, Gloucester, MA 01930.  Mark the outside of the envelope “Comments on Manomet Codend Mesh Selectivity EFP Proposal.”  Comments may also be sent via fax to (978) 281-9135.  Comments will not be accepted if submitted via e-mail or the Internet.

        Copies of the environmental assessment prepared for the proposed study are available from the NE Regional Office at the same address.

          FOR FURTHER INFORMATION CONTACT:
          Allison Ferreira, Fishery Policy Analyst, 978-281-9103.

        SUPPLEMENTARY INFORMATION:
        A complete application for an EFP was received from Manomet on November 4, 2002.   The EFPs would allow for exemptions from the GOM RMA minimum mesh size requirements specified at 50 CFR 648.80(a)(3)(i), DAS requirements specified at § 648.82(a), and the restrictions of GOM Rolling Closure Areas IV and V specified at § 648.81(g).
        This industry collaborative study involves Manomet and the Massachusetts Division of Marine Fisheries as co-principal investigators.  The proposed experimental fishery would test the mesh selectivity of single and composite mesh codends in the GOM RMA.  The objective of the proposed study is to address bycatch and discard of non-target and sub-legal sized fish in the GOM groundfish otter trawl fishery.  The proposed study would test four codends, two single and two composite, designed to accommodate new mesh-size regulations in various configurations.  The four proposed codend configurations are:   (1) A codend constructed entirely of 6.5-inch (16.5-cm) diamond mesh; (2) a codend constructed entirely of 7-inch (17.8-cm) square mesh; (3) a codend constructed with 7-inch (17.8-cm) square mesh in the upper panel and 6.5-inch (16.5-cm) diamond mesh in the lower panel; and (4) a codend constructed with 7-inch (17.8-cm) square mesh in the upper panel and 7-inch (17.8-cm) diamond mesh in the lower panel.  Each codend would be covered with a small mesh (3-inch (7.6-cm)) codend cover in order to gather information on the length frequency of the population sampled versus the length frequency of the population retained.  Selectivity curves for each test codend could then be generated using this information.
        The proposed study area would consist of that portion of the GOM RMA encompassed by a line beginning at the Maine shoreline at 69o W. long., extending southward to the 42o30' N. lat. and then westward to the 70o W. long., and then southward to the Cape Cod shoreline, excluding the year-round Cashes Ledge and Western Gulf of Maine closure areas.
        Data from previous studies showed that codends do not perform in the same manner in all areas at the same time, likely due to differences in water temperatures and conditions throughout the year.  Therefore, in order to account for potential variations due to location and time of year, the proposed study area would be divided into three areas of operation (North, Center and South), and the study would be conducted over three different months (February, June and November), also referred to as seasons.  The study is proposed to begin in February 2003, and be completed by November 30, 2003.
        In order for the participating vessels to operate in three separate areas during the months of February, June and November, these vessels must be exempt from GOM Rolling Closure Area IV and Rolling Closure Area V.  Rolling Closure Area IV is in effect from June 1 - June 30, 2003, and Rolling Closure Area V is in effect from October 1 - November 30, 2003.  If participating vessels were not exempt from these seasonal closure areas, only the Center area could be sampled during all three seasons, while the North and South areas could be sampled for two seasons each.  As a result, the ability to compare results across seasons and areas would be severely impacted if access to the GOM rolling closure areas were not authorized.

        A maximum of three vessels would be participating in the experimental fishery at any time.  One additional vessel would be designated as an alternate.  The three participating vessels would conduct one concurrent trip per season, with each vessel operating in a different area of operation, North, Center, or South.  Each vessel would conduct eight tows of 20 minutes in duration with each of the four codend types, for a total of 32 tows per vessel per season, and a total of 288 tows for the entire study.  Each concurrent trip would last four operational sea days, resulting in a total of 36 sea days for the entire study.  Therefore, participating vessels would be exempt from a total of 36 DAS.  Participating vessels would not engage in any other fishing activities other than the experimental tows while operating under an exempted DAS.  The four operational sea days would provide Manomet staff with sufficient time to process catch between hauls and re-rig the vessels for each of the four test codends, and would also provide for additional time in case of bad weather.  Depending on the distance of the study area from port, weather conditions, and other logistical factors, participating vessels could re-rig for each test codend at sea, or could return to port for re-rigging.  Participating vessels would be required to notify NMFS prior to commencing an experimental fishing trip.
        Target species would include cod, haddock, yellowtail flounder, American plaice, witch flounder, pollock, and windowpane flounder.  The primary incidental species are expected to be skate, smooth dogfish, spiny dogfish, sculpins, sea raven and sea robin.  All biological and environmental information would be recorded by trained observers (supplied by Manomet) on relevant NMFS observer logbooks.  Each participating vessel would have two observers on board.  All catch would be sorted and weighed on board the vessel.  In addition, all commercially important species would be measured.  All species that do not meet minimum size requirements would be returned to the sea immediately following scientific processing.  Therefore, no undersized fish would be retained on board the vessel.  A final report containing the results of the study would be provided to NMFS no later than 6 months following completion of the study.
        All vessels participating in the proposed experimental fishery would be required to abide by existing trip limits for cod and haddock.  Current regulations restrict vessels fishing in the GOM to landing no more than 500 lb (226.8 kg) of cod per DAS, up to a maximum of 4,000 lb (1,814.4 kg) per trip.  Vessels would also be restricted to landing 3,000 lb (1,360.8 kg) of haddock per DAS, up to a maximum of 30,000 lb (13,607.8 kg), during the months of May through September, and 5,000 lb (2,268 kg) per DAS, up to a maximum of 50,000 lb (22,679.6 kg), during the months of October through April.  Because each vessel is expected to utilize four sea days each season, these vessels would be limited to landing a maximum of 2,000 lb (907.2 kg) of cod each trip, and 12,000 lb (5,443.1 kg) of haddock during the November and February trips, and 20,000 lb (9,071.8 kg) of haddock during the June trips.  If the Regional Administrator projects that less than 75 percent of the target total allowable catch for haddock will be harvested by the end of the fishing year, NMFS may waive the daily haddock trip limit as authorized under § 648.86(a)(1)(iii)(B).  If the daily haddock trip limit is waived, participating vessels would be authorized to land the maximum haddock trip limit.
        A draft environmental assessment (EA) has been prepared that analyzes the impacts of the proposed experimental fishery on the human environment.  This draft EA concludes that the proposed activities to be conducted under the requested EFPs are consistent with the goals and objectives of the FMP, would not be detrimental to the well-being of any stocks of fish harvested, and would have no significant environmental impacts.  The draft EA also concludes that the proposed experimental fishery would not be detrimental to Essential Fish Habitat, marine mammals, or protected species.
        EFPs would be issued to up to four vessels (three participating plus one alternate), exempting them from the DAS requirements, and specific minimum mesh size requirements and GOM rolling closure area restrictions of the FMP.

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

          Dated:  December 13, 2002.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 02-32147 Filed 12-19-02; 8:45 am]
      BILLING CODE 3510-22-S


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R02-OAR-2020-0438; FRL10017-48-Region 2]
        Approval and Promulgation of Implementation Plans; United States Virgin Islands; Regional Haze Federal Implementation Plan; Correction

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:

          On October 22, 2012, the EPA published a final rule in the Federal Register promulgating a Federal Implementation Plan (FIP) intended to address regional haze obligations for the Territory of the United States Virgin Islands. However, at that time EPA erroneously failed to incorporate into the Code of Federal Regulations (CFR) certain emission limits that had been determined to be necessary to satisfy those obligations and that had been proposed and included in the docket for the action. EPA is proposing to correct this inadvertent error by incorporating the previously noticed limits into the CFR. EPA is not reopening any of its previous determinations here.

          DATES:
          Written comments must be received on or before March 22, 2021.

          ADDRESSES:

          Submit your comments, identified by Docket Number EPA-R02-OAR-2020-0438, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, such as the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

          FOR FURTHER INFORMATION CONTACT:
          Omar Hammad, Air Planning Section, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3347.

        SUPPLEMENTARY INFORMATION:
        EPA published a final rule on October 22, 2012 (77 FR 64414). In that document, EPA promulgated a Federal Implementation Plan (FIP) to address regional haze obligations for the Territory of the United States Virgin Islands. EPA determined that certain emission limits for sources of visibility impairing pollutants in the Virgin Islands were necessary to satisfy the requirements of the Clean Air Act and EPA's rules concerning making reasonable progress towards the national goal of preventing any future and remedying any existing man-made impairment of visibility in mandatory Class I areas (also referred to as the “regional haze program”). In that action, however, EPA erroneously failed to incorporate into the Code of Federal Regulations those limits, which had been noticed in the proposed rule (77 FR 37842, June 25, 2012) and which were included in docket EPA-R02-OAR-2012-0457, accompanying that proposed rule.1
           EPA determined in the 2012 final rule that those potential-to-emit (PTE) limits constituted the best-available retrofit technology (BART) emission limits for sources that had been determined to be subject-to-BART. EPA is now proposing a technical correction to incorporate the table containing the PTE limits necessary to satisfy the Virgin Islands' BART obligation into the CFR.

            1 Document ID EPA-R02-OAR-2012-0457-0007 and EPA-R02-OAR-2012-0457-0008 in docket EPA-R02-OAR-2012-0457.

        While EPA would not ordinarily request comment on a technical correction of this nature, we are doing so here because under the circumstances we believe maximum transparency is in the public interest. We are requesting comment on the narrow issue of whether the limits in the table that follows are the limits EPA determined to be BART in the 2012 action. Comments received on any other issues, including other aspects of the 2012 final rule, will be deemed beyond the scope of this action. This proposed rule does not reopen the previous determination that the PTE limits contained in the docket for the 2012 final rule represent BART for the units determined to be subject-to-BART; this action merely corrects an inadvertent omission in a previous rulemaking. This proposal does not address current circumstances, but merely clarifies what was intended to be included in the CFR pursuant to the 2012 FIP. The already approved BART limits are summarized in the following table:

            Facility
            BART unit
            BART controls/limits
            Control
            SO2
              (tons/year)

            NO2
              (tons/year)

            PM (tons/year)

            HOVENSA
            Boilers:

            1 (B-1151)

            330.1
            450.6
            40.6

            3 (B-1153)

            330.1
            450.6
            40.6

            4 (B-1154)

            322.5
            443.5
            39.7

            5 (B-1155)

            484.9
            676.9
            60.7

            6 (B-3301)

            330.8
            435.3
            40.6

            7 (B-3302)

            330.8
            435.3
            40.6

            8 (B-3303)

            640.1
            559.8
            78.6

            9 (B-3304)

            640.1
            559.8
            78.6

            Turbines:

            GT1 (G-1101E)

            135.5
            805.7
            12.2

            GT2 (G-1101F)

            135.5
            805.7
            12.2

            GT3 (G-1101G)

            135.5
            805.7
            12.2

            GT4 (G-3404)

            161.0
            809.5
            12.9

            GT5 (G-3405)

            161.0
            766.5
            12.9

            GT6 (G-3406)

            161.0
            766.5
            12.9

            GT7 (G-3407)

            161.0
            766.5
            12.9

            GT8 (G-3408)

            167.6
            1002.1
            15.1

            GT9 (G-3409)
            Steam Injection for NOX Control
            52.2
            150.2
            14.0

            Process Heaters:

            H-101

            155.5
            232.5
            19.3

            H-104

            115.5
            172.8
            17.2

            H-200

            8.1
            16.0
            1.2

            H-201

            8.2
            16.1
            1.2

            H-202

            26.6
            146.5
            4.0

            H-401A

            197.6
            279.1
            24.4

            H-401B

            197.6
            279.1
            24.4

            H-401C

            197.6
            279.1
            24.4

            H-1401A

            163.1
            388.7
            21.1

            H-1401B

            155.4
            370.2
            20.1

            H-1500

            13.0
            25.5
            2.0

            H-1501

            13.7
            26.8
            2.0

            H-160

            29.6
            163.0
            4.4

            H-600

            11.5
            22.5
            1.7

            H-601

            7.8
            15.2
            1.2

            H-602

            62.6
            344.4
            9.4

            H-603

            17.2
            33.7
            2.6

            H-604

            8.1
            15.9
            1.2

            H-605

            3.4
            6.6
            0.5

            H-606

            11.8
            23.1
            1.8

            H-800A

            9.4
            18.4
            1.4

            H-800B

            9.4
            18.4
            1.4

            H-801

            22.0
            121.1
            3.3

            H-2101

            116.4
            283.2
            15.1

            H-2102

            112.7
            274.1
            14.6

            H-2201A

            13.4
            26.3
            2.0

            H-2201B

            13.4
            26.3
            2.0

            H-2202

            26.1
            143.7
            3.9

            H-2400

            7.2
            14.2
            1.1

            H-2401

            24.1
            132.5
            3.6

            H-2501

            44.5
            244.5
            6.7

            H-4502

            32.5
            178.9
            4.9

            H-4503

            30.8
            169.6
            4.6

            H-4504

            27.6
            151.9
            4.1

            H-4505

            23.9
            131.3
            3.6

            H-3101A

            356.7
            507.1
            48.1

            H-3101B

            356.7
            507.1
            48.1

            H-4101A

            356.7
            507.1
            48.1

            H-4101B

            356.7
            507.1
            48.1

            H-4401

            29.4
            161.5
            4.4

            H-4402

            28.0
            153.8
            4.2

            H-4451

            83.4
            458.7
            12.5

            H-4452

            54.3
            298.6
            8.1

            H-4453

            54.3
            298.6
            8.1

            H-4454

            16.9
            33.1
            2.5

            H-4455

            30.3
            166.6
            4.5

            H-4201

            367.7
            448.1
            44.9

            H-4202

            355.7
            433.6
            43.4

            H-5401

            29.4
            161.5
            4.4

            H-5402

            28
            153.8
            4.2

            H-5451

            83.4
            458.7
            12.5

            H-5452

            54.3
            298.6
            8.1

            H-5453

            54.3
            298.6
            8.1

            H-5454

            16.9
            33.1
            2.5

            H-5455

            30.3
            166.6
            4.5

            H-4601A

            13.4
            26.3
            2

            H-4601B

            13.4
            26.3
            2

            H-4602

            26.1
            143.7
            3.9

            H-4301A

            14.6
            28.7
            2.2

            H-4301B

            14.6
            28.7
            2.2

            H-4302

            26.7
            147.1
            4

            H-5301A

            14.6
            28.7
            2.2

            H-5301B

            14.6
            28.7
            2.2

            H-5302

            26.7
            147.1
            4

            TGT unit No.  2 Beavo:

            H-4761 & T-4761

            2.0
            4.0
            1.0

            TGI units:

            H-1032

            1.6
            3.1
            0.2

            H-1042

            3.3
            6.5
            0.5

            H-4745

            900.0
            28.0
            3.0

            Compressors:

            C-200A
            Catalytic Converters for NOX and CO control
            0.0
            33.1
            0.2

            C-200B
            Catalytic Converters for NOX and CO control
            0.0
            33.1
            0.2

            C-200C
            Catalytic Converters for NOX and CO control
            0.0
            33.1
            0.2

            C-1500A

            0.0
            40.0
            0.1

            C-1500B

            0.0
            40.0
            0.1

            C-1500C

            0.0
            40.0
            0.1

            C-2400A
            Catalytic Converters for NOX and CO control
            0.0
            19.4
            0.3

            C-2400B
            Catalytic Converters for NOX and CO control
            0.0
            19.4
            0.3

            C-4601A

            0.0
            380.6
            0.9

            C-4601B

            0.0
            380.6
            0.9

            C-4601C

            0.0
            380.6
            0.9

            Flares:

            #2 Flare (H-1105)

            150.0
            237.0
            negligible

            #3 Flare (H-1104)

            150.0
            237.0
            negligible

            #5 Flare (H-3351)

            150.0
            237.0
            negligible

            #6 Flare (H-3352)

            150.0
            237.0
            negligible

            #7 Flare (H-3301)

            150.0
            237.0
            negligible

            Water Pumps:

            PD-1602

            1.9
            40.6
            2.9

            PD-1603

            1.9
            40.6
            2.9

            PD-1604

            1.9
            40.6
            2.9

            PD-1605

            1.9
            40.6
            2.9

            PD-1620

            1.3
            27.0
            1.9

        Statutory and Executive Order Reviews
        A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
        This proposed action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review.
        B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs
        This proposed action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.
        C. Paperwork Reduction Act

        This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Under the Paperwork Reduction Act, a “collection of information” is defined as a requirement for “answers to * * * identical reporting or recordkeeping requirements imposed on ten or more persons * * *.” 44 U.S.C. 3502(3)(A). The proposed action does not impose any new obligations or new enforcement duties on any state, local or tribal government or the private sector.
        D. Regulatory Flexibility Act
        I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This proposed action merely adds the erroneously omitted table to the CFR, it does not change any determination included in the FIP. We have, therefore, concluded that this action will have no net regulatory burden for all directly regulated small entities.
        E. Unfunded Mandates Reform Act (UMRA)
        This action does not contain any unfunded mandates, as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal government or the private sector.
        F. Executive Order 13132: Federalism

        The proposed action does not have federalism implications. It would not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
        G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
        This proposed action does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments. Thus, Executive Order 13175 does not apply to this rule.
        H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
        This proposed action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.
        I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
        This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866.
        J. National Technology Transfer and Advancement Act (NTTAA)
        This proposed action does not involve technical standards.
        K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
        The EPA believes this proposed action does not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. Through this action, the EPA is adding the erroneously omitted table to the CFR; it does not change any determination included in the FIP. This action does not remove any of the prior rule's environmental or procedural protections.
        L. Congress Review Act (CRA)
        This proposed rule is exempt from the CRA because it is a rule of particular applicability.

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

          Authority:
          42 U.S.C. 7401 et seq.

          Dated: February 10, 2021.
          Walter Mugdan,
          Acting Regional Administrator, Region 2.

        Part 52, chapter I, title 40 of the Code of Federal Regulations is proposed to be amended as follows:

          PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

        1. The authority citation for part 52 continues to read as follows:

          Authority:
          42 U.S.C. 7401 et seq.

          Subpart CCC—Virgin Islands

        2. In § 52.2781, paragraph (d)(5) is added to read as follows:

          § 52.2781
          Visibility protection.

          (d) * * *

          (5) Emissions limitations, the owners/operators subject to this section shall not emit or cause to be emitted SO2, NOX, and PM in excess of the following limitations:

            Table 1 to Paragraph (d)(5)

              Facility
              BART unit
              BART controls/limits
              Control
              SO2
                (tons/year)

              NO2
                (tons/year)

              PM (tons/year)

              HOVENSA
               Boilers:

              1 (B-1151)

              330.1
              450.6
              40.6

              3 (B-1153)

              330.1
              450.6
              40.6

              4 (B-1154)

              322.5
              443.5
              39.7

              5 (B-1155)

              484.9
              676.9
              60.7

              6 (B-3301)

              330.8
              435.3
              40.6

              7 (B-3302)

              330.8
              435.3
              40.6

              8 (B-3303)

              640.1
              559.8
              78.6

              9 (B-3304)

              640.1
              559.8
              78.6

              Turbines:

              GT1 (G-1101E)

              135.5
              805.7
              12.2

              GT2 (G-1101F)

              135.5
              805.7
              12.2

              GT3 (G-1101G)

              135.5
              805.7
              12.2

              GT4 (G-3404)

              161.0
              809.5
              12.9

              GT5 (G-3405)

              161.0
              766.5
              12.9

              GT6 (G-3406)

              161.0
              766.5
              12.9

              GT7 (G-3407)

              161.0
              766.5
              12.9

              GT8 (G-3408)

              167.6
              1002.1
              15.1

              GT9 (G-3409)
              Steam Injection for NOX Control
              52.2
              150.2
              14.0

              Process Heaters:

              H-101

              155.5
              232.5
              19.3

              H-104

              115.5
              172.8
              17.2

              H-200

              8.1
              16.0
              1.2

              H-201

              8.2
              16.1
              1.2

              H-202

              26.6
              146.5
              4.0

              H-401A

              197.6
              279.1
              24.4

              H-401B

              197.6
              279.1
              24.4

              H-401C

              197.6
              279.1
              24.4

              H-1401A

              163.1
              388.7
              21.1

              H-1401B

              155.4
              370.2
              20.1

              H-1500

              13.0
              25.5
              2.0

              H-1501

              13.7
              26.8
              2.0

              H-160

              29.6
              163.0
              4.4

              H-600

              11.5
              22.5
              1.7

              H-601

              7.8
              15.2
              1.2

              H-602

              62.6
              344.4
              9.4

              H-603

              17.2
              33.7
              2.6

              H-604

              8.1
              15.9
              1.2

              H-605

              3.4
              6.6
              0.5

              H-606

              11.8
              23.1
              1.8

              H-800A

              9.4
              18.4
              1.4

              H-800B

              9.4
              18.4
              1.4

              H-801

              22.0
              121.1
              3.3

              H-2101

              116.4
              283.2
              15.1

              H-2102

              112.7
              274.1
              14.6

              H-2201A

              13.4
              26.3
              2.0

              H-2201B

              13.4
              26.3
              2.0

              H-2202

              26.1
              143.7
              3.9

              H-2400

              7.2
              14.2
              1.1

              H-2401

              24.1
              132.5
              3.6

              H-2501

              44.5
              244.5
              6.7

              H-4502

              32.5
              178.9
              4.9

              H-4503

              30.8
              169.6
              4.6

              H-4504

              27.6
              151.9
              4.1

              H-4505

              23.9
              131.3
              3.6

              H-3101A

              356.7
              507.1
              48.1

              H-3101B

              356.7
              507.1
              48.1

              H-4101A

              356.7
              507.1
              48.1

              H-4101B

              356.7
              507.1
              48.1

              H-4401

              29.4
              161.5
              4.4

              H-4402

              28.0
              153.8
              4.2

              H-4451

              83.4
              458.7
              12.5

              H-4452

              54.3
              298.6
              8.1

              H-4453

              54.3
              298.6
              8.1

              H-4454

              16.9
              33.1
              2.5

              H-4455

              30.3
              166.6
              4.5

              H-4201

              367.7
              448.1
              44.9

              H-4202

              355.7
              433.6
              43.4

              H-5401

              29.4
              161.5
              4.4

              H-5402

              28
              153.8
              4.2

              H-5451

              83.4
              458.7
              12.5

              H-5452

              54.3
              298.6
              8.1

              H-5453

              54.3
              298.6
              8.1

              H-5454

              16.9
              33.1
              2.5

              H-5455

              30.3
              166.6
              4.5

              H-4601A

              13.4
              26.3
              2

              H-4601B

              13.4
              26.3
              2

              H-4602

              26.1
              143.7
              3.9

              H-4301A

              14.6
              28.7
              2.2

              H-4301B

              14.6
              28.7
              2.2

              H-4302

              26.7
              147.1
              4

              H-5301A

              14.6
              28.7
              2.2

              H-5301B

              14.6
              28.7
              2.2

              H-5302

              26.7
              147.1
              4

              TGT unit No. 2 Beavo:

              H-4761 & T-4761

              2.0
              4.0
              1.0

              TGI units:

              H-1032

              1.6
              3.1
              0.2

              H-1042

              3.3
              6.5
              0.5

              H-4745

              900.0
              28.0
              3.0

              Compressors:

              C-200A
              Catalytic Converters for NOX and CO control
              0.0
              33.1
              0.2

              C-200B
              Catalytic Converters for NOX and CO control
              0.0
              33.1
              0.2

              C-200C
              Catalytic Converters for NOX and CO control
              0.0
              33.1
              0.2

              C-1500A

              0.0
              40.0
              0.1

              C-1500B

              0.0
              40.0
              0.1

              C-1500C

              0.0
              40.0
              0.1

              C-2400A
              Catalytic Converters for NOX and CO control
              0.0
              19.4
              0.3

              C-2400B
              Catalytic Converters for NOX and CO control
              0.0
              19.4
              0.3

              C-4601A

              0.0
              380.6
              0.9

              C-4601B

              0.0
              380.6
              0.9

              C-4601C

              0.0
              380.6
              0.9

              Flares:

              #2 Flare (H-1105)

              150.0
              237.0
              negligible

              #3 Flare (H-1104)

              150.0
              237.0
              negligible

              #5 Flare (H-3351)

              150.0
              237.0
              negligible

              #6 Flare (H-3352)

              150.0
              237.0
              negligible

              #7 Flare (H-3301)

              150.0
              237.0
              negligible

              Water Pumps:

              PD-1602

              1.9
              40.6
              2.9

              PD-1603

              1.9
              40.6
              2.9

              PD-1604

              1.9
              40.6
              2.9

              PD-1605

              1.9
              40.6
              2.9

              PD-1620

              1.3
              27.0
              1.9

      [FR Doc. 2021-03057 Filed 2-18-21; 8:45 am]
      BILLING CODE 6560-50-P