44428 Federal Register / Vol. 64, No. 157 / Monday, August 16, 1999 / Rules and Regulations

G. Unfunded Mandates Reform Act APPENDIX B TO § 172.101ÐLIST OF (iii) * * * (For a UN 1H1 plastic MARINE POLLUTANTS drum, replacing a removable gasket or This final rule does not impose closure device with another of the same unfunded mandates under the S.M.P. Marine pollutant design and material that provides Unfunded Mandates Reform Act of (1) (2) equivalent performance does not 1995. It does not result in costs of $100 constitute reconditioning); and million or more to either State, local or [REMOVE:] * * * * * tribal governments, in the aggregate, or PP ...... normal-Heptyl to the private sector, and is the least aldehyde. § 173.28 [Amended] burdensome alternative that achieves normal-heptaldehyde. [ADD:] 8. In addition, in § 173.28, in the objective of the rule. paragraph (c)(2) introductory text, as List of Subjects ***** revised at 64 FR 10776 effective October n-Heptaldehyde. 1, 1999, the wording ‘‘or a UN 1H1 49 CFR Part 172 plastic drum’’ is added immediately ***** Education, Hazardous materials following the words ‘‘other than a metal drum’. transportation, Hazardous waste, 4. In § 172.203, in paragraph (k) Labeling, Markings, Packaging and introductory text, a new sentence is § 173.32c [Amended] containers, Reporting and recordkeeping added at the end to read as follows: 9. In § 173.32c, in paragraph (j), as requirements. revised at 64 FR 10777 effective October § 172.203 Additional description 49 CFR Part 173 requirements. 1, 1999, in the first sentence, the wording ‘‘may be loaded to’’ is removed Hazardous materials transportation, * * * * * and the words ‘‘may not be loaded to’’ Packaging and containers, Radioactive (k) * * * Shipping descriptions for are added in its place. materials, Reporting and recordkeeping toxic materials that meet the criteria of requirements, Uranium. Division 6.1, PG I or II (as specified in § 173.222 [Amended] § 173.132(a) of this subchapter) or 10. In § 173.222, as revised at 64 FR In consideration of the foregoing, 49 Division 2.3 (as specified in § 173.115(c) 10779 effective October 1, 1999, the CFR Chapter I is amended as follows: of this subchapter) and are identified by following changes are made: PART 172ÐHAZARDOUS MATERIALS the letter ‘‘G’’ in Column (1) of the a. In paragraph (c) introductory text, TABLE, SPECIAL PROVISIONS, § 172.101 Table, must have the technical the wording ‘‘For transportation by HAZARDOUS MATERIALS name of the toxic constituent entered in aircraft, the’’ is removed and ‘‘The’’ is COMMUNICATIONS, EMERGENCY parentheses in association with the added in its place. RESPONSE INFORMATION, AND basic description. b. In paragraph (c)(4), the wording TRAINING REQUIREMENTS * * * * * ‘‘and is offered for transportation by aircraft’’ is removed. § 172.203 [Amended] 1. The authority citation for part 172 Issued in Washington, DC, on August 9, continues to read as follows: 5. In addition, in § 172.203 as 1999, under authority delegated in 49 CFR amended at 64 FR 10775 effective Authority: 49 U.S.C. 5101–5127; 49 CFR part 1. October 1, 1999, the following changes Kelley S. Coyner, 1.53. are made: Administrator. § 172.101 [Amended] a. Paragraph (k)(1) is removed. b. Paragraphs (k)(2) and (k)(3) are [FR Doc. 99–21074 Filed 8–13–99; 8:45 am] 2. In the § 172.101 Hazardous redesignated as paragraphs (k)(1) and BILLING CODE 4910±60±P Materials Table, in Column (1), as (k)(2), respectively. amended at 64 FR 10753 effective c. Paragraph (m)(2) is removed. October 1, 1999, the following changes d. Paragraph (m)(3) is redesignated as DEPARTMENT OF COMMERCE are made: paragraph (m)(2). a. In Column (1), for the entries National Oceanic and Atmospheric ‘‘Aviation regulated liquid, n.o.s.’’ and PART 173ÐSHIPPERSÐGENERAL Administration ‘‘Aviation regulated solid, n.o.s.’’, the REQUIREMENTS FOR SHIPMENTS 50 CFR Part 300 letter ‘‘A’’ is added in alphabetical AND PACKAGINGS order. 6. The authority citation for part 173 [Docket No. 990212047±9208±02; I.D. 111998C] b. In Column (1), for the entry, continues to read as follows: ‘‘Compounds, tree killing, liquid or RIN 0648±AL28 Compounds, weed killing, liquid’’ Authority: 49 U.S.C. 5101–5127, 44701; 49 CFR 1.45, 1.53. (NA2810), the letter ‘‘G’’ is added in International Fisheries Regulations; alphabetical order. 7. In § 173.28, in paragraph (c)(2)(iii), Pacific Tuna Fisheries c. For the entries ‘‘Hydrocarbon gas as revised at 64 FR 10776 effective October 1, 1999, ‘‘; and’’ is removed at AGENCY: National Marine Fisheries mixture, compressed, n.o.s.’’ and Service (NMFS), National Oceanic and ‘‘Hydrocarbon gas mixture, liquefied, the end of the sentence and a period is added in their place and a new sentence Atmospheric Administration (NOAA), n.o.s.’’, the letter ‘‘G’’ is removed each Commerce. place it appears. is added to read as follows: ACTION: Final rule; implementation of 3. In Appendix B to § 172.101, the List § 173.28 Reuse, reconditioning and Inter-American Tropical Tuna remanufacture of packagings. of Marine Pollutants is amended by Commission (IATTC) recommendations. removing two entries and adding one * * * * * entry in alphabetical order to read as (c) * * * SUMMARY: NMFS issues final regulations follows: (2) * * * to implement recommendations of the

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IATTC to conserve and manage the tuna comments cannot be addressed by Comment 4: The prohibition on fisheries of the Eastern Tropical Pacific Federal regulations, the comments are fishing on floating objects as a way of Ocean (ETP). This rule provides for an summarized below with NMFS reducing the harvest of small fish is too annual announcement of tuna harvest responses. simplistic. It implies that the only goal quotas, closure of the U.S. fishery in the Comment 1: The U.S. Government is the maximum productivity of tuna IATTC’s Convention Area or in the should insist on the formation of a without recognizing the impact on other Yellowfin Regulatory Area (CYRA) compliance committee in the IATTC to species. It also discriminates against when quotas have been reached, and ensure that all member countries abide nations that depend on this fishing implementation of other measures by IATTC recommendations. strategy as a way to reduce the take of recommended by the IATTC to ensure Response: The United States has dolphins. conservation and management of fishery supported establishing such a Response: This rule does not prohibit resources. The rule also prohibits U.S. committee under the auspices of the fishing on floating objects (natural or citizens from utilizing vessels that IATTC and has proposed terms of man-made); rather, it authorizes the service fish-aggregating devices (FADs) reference for a compliance committee. Regional Administrator to prohibit and prohibits the transshipment at sea At its annual meeting in June 1999, the fishing on floating objects in the future. by U.S. purse seine vessels of purse IATTC agreed to establish a Compliance The 1998 quota on bigeye would have seine-caught tuna. This final rule is Committee based on the U.S. terms of been implemented by prohibiting sets intended to ensure that U.S. fisheries reference. on floating objects if and when the are conducted according to the IATTC’s Comment 2: Fishermen should be quota was reached. The bigeye quota is recommendations, as approved by the prohibited from fishing all gear types, enforced this way because floating Department of State. not only purse seines, when such a objects sets are responsible for virtually all the catch of small bigeye tuna. In DATES: Effective September 13, 1999. prohibition is necessary to reduce the fact, some nations may have been FOR FURTHER INFORMATION CONTACT: harvest of small fish. Response: This rule does not impose reluctant to set the 1999 quota in part Svein Fougner or James Morgan, because they did not want their vessels an immediate prohibition of sets on Sustainable Fisheries Division, to be restricted from using a strategy on floating objects. Although the IATTC Southwest Region, NMFS, 562–980– which they had become dependent. The resolution of October 1998 specifically 4030. U.S. supported the 1998 quota recommended prohibiting purse seines SUPPLEMENTARY INFORMATION: The reluctantly because U.S. vessels are from being set on floating objects after United States is a member of the IATTC, largely dependent on floating object the bigeye quota is reached, the which was established under the fishing. However, in a meeting in prohibitions in § 300.28(b) have been Convention for the Establishment of an January 1999, NMFS insisted that any revised to authorize the Southwest Inter-American Tropical Tuna consideration of management measures Regional Administrator, NMFS Commission signed in 1949. The IATTC directed at any single fishing strategy be was established to provide an (Regional Administrator) to prohibit any based on a full analysis of impacts on international arrangement to ensure fishing gear, as specified in the the stocks, on other ecosystem conservation and management of notification to fishermen, if such a components (e.g., dolphin and other yellowfin and skipjack tuna and other prohibition is necessary for the non-fish species), and on the vessels species taken by tuna fishing vessels in conservation of fishery resources or engaged in the fishery. The U.S. the ETP. The IATTC has maintained a other species. Department of State also actively seeks scientific research and fishery Comment 3: One commenter input from U.S. vessel owners to ensure monitoring program for many years and expressed concern about the need for a that U.S. positions consider fully the annually assesses the status of tuna quota on bigeye tuna and the quality of impacts of alternative measures on U.S. stocks and conditions in the fisheries. the data used to establish it. Questions firms. Each year, the IATTC recommends were raised about using data obtained Comment 5: The 15–percent appropriate harvest levels (quotas) and/ from foreign longline vessels, which incidental catch for yellowfin tuna that or other measures to prevent may not have observers; the ability of the IATTC recommended for the closed overexploitation and promote maximum observers on any vessel to distinguish season in 1998 would allow sustainable yield (MSY). Each member between small yellowfin and bigeye uncontrolled mortality in excess of the country of the IATTC is responsible for tuna, and the effects of El Nino on the estimated MSY. enforcing quotas and other measures resource. Response: The IATTC resolutions in with respect to its own fisheries. As Response: A 45,000–metric ton (mt) 1998 regarding yellowfin tuna included required by the Tuna Conventions Act quota on bigeye tuna was recommended recommendations that apply to fishing of 1950, the recommendations of the by the IATTC and adopted by the vessels after the quota is reached, such IATTC must be approved by the member countries in 1998. The as allowing a vessel to retain a 15– Secretary of State before questions raised by the commenter, percent incidental harvest by weight of implementation for U.S. fisheries. however, are legitimate and have a yellowfin tuna while fishing for other NMFS published a proposed rule on bearing on future decisions that the species of tuna. The 15–percent February 25, 1999 (64 FR 9296), that IATTC may make. Other nations also incidental catch allocation for yellowfin provided background on the 1998 have questioned the quality of the data tuna will not allow uncontrolled recommendations that were not used to assess bigeye stocks and the mortality in excess of MSY. The IATTC implemented and other permanent effects of harvesting small bigeye on estimates the amount of yellowfin tuna measures that are implemented by this floating object sets. The IATTC staff are that will be caught during a closure and rule. That background is not repeated aware of these questions and have includes those data in its decision about here. research underway to answer some of when to close the fishery. The closure them. U.S. scientists are also obtaining date is chosen so that the total yellowfin Comments and Responses U.S. vessels’ catch and effort data to harvest (including incidental catch) will Three organizations commented on determine the extent to which those not exceed MSY. This final rule the proposed rule. Although most of the data confirm the IATTC staff analyses. authorizes the Regional Administrator

VerDate 18-JUN-99 15:00 Aug 13, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.XXX pfrm07 PsN: 16AUR1 44430 Federal Register / Vol. 64, No. 157 / Monday, August 16, 1999 / Rules and Regulations to close the U.S. fishery for yellowfin Reporting and recordkeeping 20° N. lat., 120° W. long.; tuna or other species of tuna at such requirements. 5° N. lat., 120° W. long.; 5° N. lat., 110° W. long.; time as the IATTC Director of Dated: August 10, 1999. ° ° Investigations advises that the quota 10 S. lat., 110 W. long.; Gary C. Matlock, 10° S. lat., 90° W. long.; will be reached. Acting Assistant Administrator for Fisheries, 30° S. lat., 90° W. long.; and then eastward Bigeye and FAD issues in 1999 National Marine Fisheries Service. along the 30° S. latitude parallel to the coast For the reasons set out in the of South America. In 1999, the IATTC recommended preamble, 50 CFR part 300 is amended Convention Area means the waters that action be taken to limit the catch of as follows: within the area bounded by the bigeye tuna to 40,000 mt by prohibiting mainland of the Americas, lines purse seine sets on all types of floating PART 300ÐINTERNATIONAL extending westward from the mainland objects in the Convention Area when FISHERIES REGULATIONS of the Americas along the 40° N. lat. and this harvest level is reached. This would 40° S. lat., and 150° W. long. tend to reduce the harvest of small fish Subpart CÐPacific Tuna Fisheries Fish aggregating device (FAD) means and increase the catch-per-recruit. a manmade raft or other floating object This final rule establishes a procedure 1. The authority citation for subpart C continues to read as follows: used to attract tuna and make them for implementing future available to fishing vessels. recommendations of the IATTC. In Authority: 16 U.S.C. 951-961 and 971 et Fishing trip means a period of time addition, this final rule implements the seq. between landings when fishing is following two measures, which were 2. Section 300.20 is revised to read as conducted. recommended by the IATTC in 1998 follows: * * * * * and approved by the Department of Floating object means any natural State: § 300.20 Purpose and scope. object or FAD around which fishing 1. The use of tender vessels, which The regulations in this subpart vessels may catch tuna. are vessels that do not engage in purse implement the Tuna Conventions Act of Incidental catch or incidental species seining but tend FADS in support of 1950 (Act) and the Atlantic Tunas means species caught while fishing with tuna fishing operations, in the Convention Act of 1975. The regulations the primary purpose of catching a Convention Area is prohibited; and provide a mechanism to carry out the different species. An incidental catch is 2. The transshipment of tuna by purse recommendations of the Inter-American expressed as a percentage of the weight seine vessels at sea in the Convention Tropical Tuna Commission (IATTC) for of the total fish on board. Area is prohibited. the conservation and management of Land or Landing means to begin NMFS will notify fishermen of any highly migratory fish resources in the transfer of fish from a fishing vessel. future resolutions adopted by the IATTC Eastern Tropical Pacific Ocean so far as Once transfer begins, all fish on board and approved by the Department of they affect vessels and persons subject the vessel are counted as part of the State. to the jurisdiction of the United States. landing. They also carry out the Changes to the Proposed Rule Observer means an individual placed recommendations of the International aboard a fishing vessel under the IATTC Changes to the proposed rule were Commission for the Conservation of observer program or any other made to the definition of Regional Atlantic Tunas for the conservation of international observer program in which Administrator to allow a designee to act bluefin tuna, so far as they affect vessels the United States may participate. in his or her stead, and to the and persons subject to the jurisdiction prohibitions section at § 300.28(b) to of the United States. * * * * * authorize the Regional Administrator to 3. Section 300.21 is amended by Regional Administrator means the prohibit the use of any fishing gear removing the definition of ‘‘Regional Administrator, Southwest Region, around floating objects, if such a Director’’ and adding definitions for NMFS, or his designee. prohibition is necessary for the ‘‘Bigeye tuna’’, ‘‘Commission’s * * * * * conservation of fishery resources or Yellowfin Regulatory Area (CYRA)’’, Tender vessel means a vessel that other species. ‘‘Convention Area’’, ‘‘Fish aggregating does not engage in purse seine fishing but tends to FADs in support of tuna Classification device (FAD)’’, ‘‘Fishing trip’’, ‘‘Floating object’’, ‘‘Incidental catch or incidental fishing operations. This final rule has been determined to species’’, ‘‘Land or Landing’’, Transship means to unload fish from be not significant for purposes of E.O. ‘‘Observer’’, ‘‘Regional Administrator’’, a vessel that caught fish to another 12866. ‘‘Tender vessel’’, ‘‘Transship’’, and vessel. The Assistant General Counsel for ‘‘Transshipment receiving vessel’’ in Transshipment receiving vessel means Legislation and Regulation of the alphabetical order to read as follows: any vessel, boat, ship, or other craft that Department of Commerce certified to is used to receive fish from a fishing the Chief Counsel for Advocacy of the § 300.21 Definitions. vessel. Small Business Administration when * * * * * 4. In § 300.28, the section heading is this rule was proposed, that this rule, if Bigeye tuna means the species revised, paragraphs (a) through (c) are adopted as proposed, would not have a Thunnus obesus. redesignated as (e) through (g), significant economic impact on a * * * * * respectively, and new paragraphs (a) substantial number of small entities. No Commission’s Yellowfin Regulatory through (d) are added to read as follows: comments were received regarding this Area (CYRA) means the waters bounded certification. As a result, a regulatory by a line extending westward from the § 300.28 Prohibitions. flexibility analysis was not prepared. mainland of North America along the * * * * * ° (a) Land any species of tuna during List of Subjects in 50 CFR Part 300 40 N. latitude parallel, and connecting the following coordinates: the closed season for that species in Fish, Fisheries, Fishing, High seas 40° N. lat., 125° W. long.; excess of the amount allowed by the fishing, International agreements, 20° N. lat., 125° W. long.; Regional Administrator.

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(b) Fish on floating objects in the projection under paragraph (b)(2) of this Stevens Fishery Conservation and Convention Area using any gear type section, the Regional Administrator will Management Act. Regulations governing specified by the Regional publish an announcement of the closure fishing by U.S. vessels in accordance Administrator’s notification of closure in the Federal Register. with the FMP appear at subpart H of 50 issued under § 300.29. (c) Use of tender vessels. No person CFR part 600 and 50 CFR part 679. (c) Use tender vessels in the subject to these regulations may use a The 1999 TAC of northern rockfish in Convention Area. tender vessel in the Convention Area. the Central Regulatory Area of the Gulf (d) Transship purse seine-caught tuna (d) Transshipments at sea. No person of Alaska was established by the Final at sea within the Convention Area. subject to these regulations may 1999 Harvest Specifications of * * * * * transship purse seine-caught tuna from Groundfish for the GOA (64 FR 12094, 5. Section 300.29 is added to Subpart one vessel to another vessel at sea March 11, 1999) as 4,150 metric tons C to read as follows: within the Convention Area. (mt), determined in accordance with § 679.20(c)(3)(ii). The directed fishery § 300.29 Eastern Pacific fisheries PART 300Ð[AMENDED] management. for northern rockfish in the Central Regulatory Area was closed under (a) Notification of IATTC 6. In addition to the amendments set forth under the authority of 16 U.S.C. § 679.20(d)(iii) on July 19, 1999 (64 FR recommendations. The Regional 39090, July 21, 1999), and reopened on Administrator will directly notify 773 et seq.; 16 U.S.C. 951–961 and 971 et seq.; 16 U.S.C. 973–973r; 16 U.S.C. August 6, 1999 (64 FR 43296, August owners or agents of U.S. tuna vessels of 10, 1999). any fishery management 2431 et seq.; 16 U.S.C. 3371–3378; 16 On July 19, 1999 (64 FR 39090, July recommendations made by the IATTC U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; 21, 1999), in accordance with and approved by the Department of and 16 U.S.C. 1801 et seq., in part 300, § 679.20(d)(1)(i), the Administrator, State that will affect fishing or other revise all references to ‘‘Regional Alaska Region, NMFS (Regional activities by U.S. parties with fishery Director’’ to read ‘‘Regional Administrator), determined that the interests in the Convention Area. As Administrator’’. 1999 TAC for northern rockfish would soon as practicable after such [FR Doc. 99–21196 Filed 8–13–99; 8:45 am] be reached. Therefore, the Regional notification, the Regional Administrator BILLING CODE 3510±22±F Administrator established a directed will announce approved IATTC fishing allowance of 3,650 mt, and set recommendations in the Federal aside the remaining 500 mt as bycatch Register. DEPARTMENT OF COMMERCE (b) Tuna quotas. (1) Fishing seasons to support other anticipated groundfish National Oceanic and Atmospheric for all tuna species begin on January 1 fisheries. In accordance with Administration and end either on December 31 or when § 679.20(d)(1)(iii), the Regional Administrator finds that this directed NMFS closes the fishery for a specific 50 CFR Part 679 species. fishing allowance has been reached. (2) The Regional Administrator may [Docket No. 990304062±9062±01; I.D. Consequently, NMFS is prohibiting close the U.S. fishery for yellowfin, 080999J] directed fishing for northern rockfish in bigeye, or skipjack tuna or any other the Central Regulatory Area of the GOA. Fisheries of the Exclusive Economic tuna species in the Convention Area or Maximum retainable bycatch amounts Zone Off Alaska; Northern Rockfish in portion of the Convention Area when may be found in the regulations at the Central Regulatory Area of the Gulf advised by the Director of Investigations § 679.20(e) and (f). of Alaska of the IATTC that the associated quota Classification has been or is projected to be reached. AGENCY: National Marine Fisheries This action responds to the best Any such closure may include: Service (NMFS), National Oceanic and available information recently obtained (i) An allowance for an incidental Atmospheric Administration (NOAA), from the fishery. It must be catch that may be landed while fishing Commerce. for other tuna species; implemented immediately to prevent ACTION: Closure. (ii) A prohibition on the further overharvesting the 1999 TAC of northern rockfish for the Central setting of specified gear types on SUMMARY: NMFS is prohibiting directed floating objects by U.S. vessels in the fishing for northern rockfish in the Regulatory Area of the GOA. A delay in Convention Area; Central Regulatory Area of the Gulf of the effective date is impracticable and (iii) Provisions for vessels that are at Alaska (GOA). This action is necessary contrary to the public interest. Further sea during an announced closure to fish to prevent exceeding the 1999 total delay would only result in overharvest. unrestricted until the fishing trip is allowable catch (TAC) of northern NMFS finds for good cause that the completed; rockfish in this area. implementation of this action should (iv) Provisions for vessels at sea with not be delayed for 30 days. Accordingly, DATES: Effective 1200 hrs, Alaska local an observer on board during any closure under 5 U.S.C. 553(d), a delay in the time (A.l.t.), August 10, 1999, through to land fish unrestricted if the landing effective date is hereby waived. 2400 hrs, A.l.t., December 31, 1999. occurs after December 31; or This action is required by 50 CFR (v) Other measures to ensure that the FOR FURTHER INFORMATION CONTACT: 679.20 and is exempt from review under conservation and management measures Mary Furuness, 907–586–7228. E.O. 12866. SUPPLEMENTARY INFORMATION: of the IATTC are achieved. NMFS Authority: 16 U.S.C. 1801 et seq. (3) The Regional Administrator will manages the groundfish fishery in the announce any such closures directly to GOA exclusive economic zone Dated: August 10, 1999. the owners or agents of U.S. vessels who according to the Fishery Management Bruce C. Morehead, are fishing in or are eligible to fish in Plan for Groundfish of the Gulf of Acting Director, Office of Sustainable the Convention Area. Alaska (FMP) prepared by the North Fisheries, National Marine Fisheries Service. (4) As soon as practicable after being Pacific Fishery Management Council [FR Doc. 99–21094 Filed 8–10–99; 4:49 pm] advised of the quota attainment or under authority of the Magnuson- BILLING CODE 3510±22±F

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