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Federal Register / Vol. 70, No.

172 / Wednesday, September 7, 2005 / Rules and Regulations 53101

Monitoring System Malfunction’’ PART 585—PHASE-IN REPORTING 4,536 kilograms (10,000 pounds) or less
Telltale in Table 1 of Standard No. 101 REQUIREMENTS that meet Standard No. 138 (49 CFR
(49 CFR 571.101); 571.138).
■ 3. The authority citation for Part 585 * * * * *
(3) Continues to illuminate the TPMS
of Title 49 continues to read as follows:
malfunction telltale under the Issued: August 31, 2005.
conditions specified in S4.4(a) for as Authority: 49 U.S.C. 322, 30111, 30115,
30117, and 30166; delegation of authority at Jeffrey W. Runge,
long as the malfunction exists, 49 CFR 1.50. Administrator.
whenever the ignition locking system is [FR Doc. 05–17661 Filed 9–1–05; 10:32 am]
in the ‘‘On’’ (‘‘Run’’) position; and ■ 4. Part 585 is amended by revising
BILLING CODE 4910–59–P
* * * * * 585.66(b)(1) and (2) of Subpart G as
follows:
(c) Combination low tire pressure/
TPMS malfunction telltale * * * Subpart G—Tire Pressure Monitoring DEPARTMENT OF COMMERCE
* * * * * System Phase-in Reporting
Requirements National Oceanic and Atmospheric
(2) When the ignition locking system Administration
is activated to the ‘‘On’’ (‘‘Run’’) * * * * *
position, flashes for a period of at least 50 CFR Part 679
§ 585.66 Reporting requirements.
60 seconds but no longer than 90
* * * * * [Docket No. 041126332–5039–02; I.D.
seconds upon detection of any 082305C]
condition(s) specified in S4.4(a). After (b) Report content. (1) Basis for
this period of prescribed flashing, the statement of compliance. Each
Fisheries of the Exclusive Economic
telltale must remain continuously manufacturer must provide the number
Zone Off Alaska; Atka Mackerel in the
illuminated as long as a malfunction of passenger cars, multipurpose
Bering Sea and Aleutian Islands
exists and the ignition locking system is passenger vehicles, trucks, and buses
Management Area
in the ‘‘On’’ (‘‘Run’’) position. This with a gross vehicle weight rating of
4,536 kilograms (10,000 pounds) or less, AGENCY: National Marine Fisheries
flashing and illumination sequence
except those vehicles with dual wheels Service (NMFS), National Oceanic and
must be repeated each time the ignition
on an axle, manufactured for sale in the Atmospheric Administration (NOAA),
locking system is placed in the ‘‘On’’
United States for each reporting period Commerce.
(‘‘Run’’) position until the situation(s)
as follows: ACTION: Temporary rule; closures and
causing the malfunction(s) has (have) (i) Period from October 5, 2005 to
been corrected. openings.
August 31, 2006. The number shall be
S4.5 Written instructions. either the manufacturer’s average SUMMARY: NMFS is prohibiting directed
(a) Beginning on September 1, 2006, annual production of vehicles fishing for Atka mackerel with gears
the owner’s manual in each vehicle manufactured on or after September 1, other than jig in the Eastern Aleutian
certified as complying with S4 must 2002, and before October 5, 2005, or, at District and the Bering Sea subarea of
provide an image of the Low Tire the manufacturer’s option, it shall be the the Bering Sea and Aleutian Islands
Pressure Telltale symbol (and an image manufacturer’s production on or after management area (BSAI). This action is
of the TPMS Malfunction Telltale October 5, 2005 and before September 1, necessary to prevent exceeding the 2005
warning (‘‘TPMS’’), if a dedicated 2006. A new manufacturer that has not total allowable catch (TAC) of Atka
telltale is utilized for this function) with previously manufactured these vehicles mackerel in these areas. NMFS is also
the following statement in English: for sale in the United States must report announcing the opening and closure
the number of such vehicles dates of the first and second directed
* * *
manufactured during the production fisheries within the harvest limit area
* * * * * period on or after October 5, 2005 and (HLA) in Statistical Areas 542 and 543.
S6 Test procedures. before September 1, 2006. These actions are necessary to prevent
* * * * * (ii) Period from September 1, 2006 to exceeding the HLA limits established
August 31, 2007. The number shall be for the Central (area 542) and Western
(e) Stop the vehicle and deflate any either the manufacturer’s average (area 543) Aleutian Districts pursuant to
combination of one to four tires until annual production of vehicles the 2005 Atka mackerel TAC.
the deflated tire(s) is (are) at 7 kPa (1 manufactured on or after September 1, DATES: The effective dates are provided
psi) below the inflation pressure at 2003, and before September 1, 2006, or, in Table 1 under the SUPPLEMENTARY
which the tire pressure monitoring at the manufacturer’s option, it shall be INFORMATION section of this temporary
system is required to illuminate the low the manufacturer’s production on or action.
tire pressure warning telltale. after September 1, 2006 and before
* * * * * September 1, 2007. A new manufacturer FOR FURTHER INFORMATION CONTACT: Josh
that has not previously manufactured Keaton, 907–586–7228.
(k) Simulate one or more TPMS
these vehicles for sale in the United SUPPLEMENTARY INFORMATION: NMFS
malfunction(s) by disconnecting the manages the groundfish fishery in the
States must report the number of such
power source to any TPMS component, BSAI exclusive economic zone
vehicles manufactured during the
disconnecting any electrical connection according to the Fishery Management
production period on or after September
between TPMS components, or Plan for Groundfish of the Bering Sea
1, 2006 and before September 1, 2007.
installing a tire or wheel on the vehicle (2) Production. Each manufacturer and Aleutian Islands Management Area
that is incompatible with the TPMS. must report for the production period (FMP) prepared by the North Pacific
When simulating a TPMS malfunction, for which the report is filed: the total Fishery Management Council under
the electrical connections for the telltale number of passenger cars, multipurpose authority of the Magnuson-Stevens
lamps are not to be disconnected. passenger vehicles, trucks, and buses Fishery Conservation and Management
* * * * * with a gross vehicle weight rating of Act. Regulations governing fishing by

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53102 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Rules and Regulations

U.S. vessels in accordance with the FMP Eastern Aleutian District and the Bering Administrator is opening the first
appear at subpart H of 50 CFR part 600 Sea subarea will be necessary as directed fisheries for Atka mackerel
and 50 CFR part 679. incidental catch to support other within the HLA in areas 542 and 543,
The 2005 TAC of Atka mackerel anticipated groundfish fisheries. 48 hours after the closure of the Eastern
specified for other gear in the Eastern Therefore, the Regional Administrator is Aleutian District and the Bering Sea
Aleutian District and the Bering Sea establishing a directed fishing subarea Atka mackerel directed fishery.
subarea was established as 6,868 metric allowance of 6,518 mt. In accordance The Regional Administrator has
tons (mt) by the 2005 and 2006 final with § 679.20(d)(1)(iii), the Regional established the opening date for the
harvest specifications for groundfish in Administrator finds that this directed second HLA directed fisheries as 48
the BSAI (70 FR 8979, February 24, fishing allowance has been reached.
hours after the last closure of the first
2005). See § 679.20(a)(8)(ii) and Consequently, NMFS is prohibiting
HLA fisheries in either 542 or 543.
(c)(3)(iii). directed fishing for Atka mackerel TAC
In accordance with § 679.20(d)(1)(i), Consequently, NMFS is opening and
by vessels using other gear in the
the Administrator, Alaska Region, Eastern Aleutian District and the Bering closing directed fishing for Atka
NMFS (Regional Administrator), has Sea subarea. mackerel in the HLA of areas 542 and
determined that 350 mt of the 2005 Atka In accordance with 543 in accordance with the periods
mackerel TAC for other gear in the § 679.20(a)(8)(iii)(C), the Regional listed under Table 1 of this notice.

TABLE 1. EFFECTIVE DATES AND TIMES


Effective Dates*
Action Area
From To

Closing Atka Mackerel with gears Eastern Aleutian District and the 1200 hrs, September 2, 2005 2400 hrs, December 31, 2005
other than jig Bering Sea subarea

Opening the first directed fishery 542 1200 hrs, September 4, 2005 1200 hrs, September 12, 2005
in the HLA

543 1200 hrs, September 4, 2005 1200 hrs, September 11, 2005

Opening the second directed fish- 542 1200 hrs, September 14, 2005 1200 hrs, September 22, 2005
ery in the HLA

543 1200 hrs, September 14, 2005 1200 hrs, September 21, 2005
*Alaska local time

In accordance with § 679.20(a)(8)(iii), established the closure dates of the Atka the Eastern Aleutian District and the
vessels using trawl gear for directed mackerel directed fisheries in the HLA Bering Sea subarea and the opening and
fishing for Atka mackerel have for areas 542 and 543 based on the closures of the fisheries for the HLA
previously registered with NMFS to fish amount of the harvest limit and the limits established for the area 542 and
in the HLA fisheries in areas 542 and/ estimated fishing capacity of the vessels area 543 pursuant to the 2005 Atka
or 543. NMFS has randomly assigned assigned to the respective fisheries. mackerel TAC. NMFS was unable to
each vessel to the directed fishery or Consequently, NMFS is prohibiting publish a notice providing time for
fisheries for which they have registered. directed fishing for Atka mackerel in the public comment because the most
NMFS has notified each vessel owner as HLA of areas 542 and 543 in accordance recent, relevant data only became
to which fishery each vessel has been with the dates and times listed in Table available as of August 15, 2005. The AA
assigned by NMFS. (70 FR 49197, 1 of this notice. also finds good cause to waive the 30-
August 23, 2005). day delay in the effective date of this
Classification
In accordance with action under 5 U.S.C. 553(d)(3). This
§ 679.20(a)(8)(ii)(C)(1), the HLA limits of This action responds to the best finding is based upon the reasons
the 2005 TACs in areas 542 and 543 are available information recently obtained provided above for waiver of prior
9,851 mt and 5,550 mt, respectively. from the fishery. The Assistant notice and opportunity for public
Based on those limits and the Administrator for Fisheries, NOAA, comment.
proportion of the number of vessels in (AA) finds good cause to waive the
This action is required by § 679.20
each fishery compared to the total requirement to provide prior notice and
and is exempt from review under
number of vessels participating in the opportunity for public comment
HLA directed fishery for area 542 or pursuant to the authority set forth at 5 Executive Order 12866.
543, the harvest limit for each HLA U.S.C. 553(b)(B) and 50 CFR Authority: 16 U.S.C. 1801 et seq.
directed fishery in areas 542 and 543 are 679.20(b)(3)(iii)(A) as such a Dated: August 31, 2005.
as follows: for the first directed fishery requirement is impracticable and
Emily Menashes,
in area 542, 4,926 mt; for the first contrary to the public interest. This
directed fishery in area 543, 2,775 mt; requirement is impracticable and Acting Director, Office of Sustainable
for the second directed fishery in area contrary to the public interest as it Fisheries, National Marine Fisheries Service.
542, 4,925 mt; and for the second would prevent NMFS from responding [FR Doc. 05–17712 Filed 9–1–05; 2:08 pm]
directed fishery in area 543, 2,775 mt. to the most recent fisheries data in a BILLING CODE 3510–22–S
In accordance with § 679.20(a)(8)(iii)(E), timely fashion and would delay the
the Regional Administrator has closure of the Atka mackerel fishery in

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