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65481 Federal Register / Vol. 61, No. 241 / Friday, December 13, 1996 / Rules and Regulations transport liquefied petroleum gas. The problem may result in a failure of a cargo tank’s excess flow feature within its emergency discharge control system to function when a transfer hose or piping fails. Persons involved in the design, manufacture, assembly, maintenance, or transportation of hazardous materials in MC 330 and MC 331 cargo tank motor vehicles are reminded that these tanks and their components must conform to the Hazardous Materials Regulations. FOR FURTHER INFORMATION CONTACT: Ron Kirkpatrick, Office of Hazardous Materials Technology, Research and Special Programs Administration, telephone (202) 366–4545, or Steve Keppler, Office of Motor Carrier Safety and Technology, Safety & Hazardous Materials Division, Federal Highway Administration, telephone (202) 366– 2978, U.S. Department of Transporta- tion, 400 Seventh Street, S.W., Washington, D.C. 20590–0001. SUPPLEMENTARY INFORMATION: On September 8, 1996, more than 35,000 gallons of propane were released during a delivery at a bulk storage facility in Sanford, NC. During the unloading of an MC 331 cargo tank into two 30,000- gallon storage tanks, the discharge hose became separated from its hose coupling at the storage tank inlet connection. Most of the cargo tank’s 9800 gallons and more than 30,000 gallons from the storage tanks were released during this incident. The driver became aware of the system failure when the hose began to violently oscillate while releasing liquid propane. He immediately shut down the engine, stopping the discharge pump, but he could not access the remote closure control to close the internal stop valve. The excess flow feature of the emergency discharge control system did not function, and propane continued to be released from the system. Additionally, the back flow check valve on the storage tank system did not function and propane was released from the storage tanks. In light of the large quantity of propane released, this incident could have resulted in a loss of life and significant property damage if the gas had reached an ignition source. Fortunately, there was no fire. Over the past ten years, nine similar instances of propane release have been reported that involved local deliveries by small cargo tank motor vehicles. In each instance, the amount of propane released was much less than in the Sanford incident. However, fires resulted in the majority of these incidents, and several persons were injured. From a review of the reports, it appears that the excess flow feature of the emergency discharge control systems did not function as intended. In most cases, leakage was stopped by using the remote emergency shut-down operator to close the internal stop valve. Manufacturers of MC 331 cargo tanks and persons who operate, repair, test, inspect, assemble or modify MC 330 or MC 331 cargo tanks are reminded of the following requirement in the Hazardous Materials Regulations (HMR): For MC 331 cargo tanks intended for use in transporting compressed gas (except carbon dioxide, refrigerated liquid), § 178.337–11(a)(1)(i) specifies: Each internal self-closing stop valve and excess flow valve must automatically close if any of its attachments are sheared off or if any attached hoses or piping are separated. Although the regulatory citation is not the same as when the rule was first adopted, this requirement has been in the HMR for more than forty years. For MC 330 and MC 331 cargo tanks, § 173.315(n) specifies: Each MC 330 and MC 331 cargo tank used to transport a flammable gas, anhydrous ammonia or hydrogen chloride, refrigerated liquid must have each liquid opening equipped in accordance with § 178.337– 11 of this subchapter. Similar requirements also are specified in Occupational Safety and Health Administration regulations (29 CFR 1910.110) and in the National Fire Protection Association’s ‘‘Standard for the Storage and Handling of Liquefied Petroleum Gases’’ (NFPA 58). On June 14, 1996, RSPA published a document entitled ‘‘Advisory Guidance; Offering, Accepting, and Transporting Hazardous Materials’’ in the Federal Register (61 FR 30444). The guidance addressed a number of topics related to the safe transportation of hazardous materials. Persons who supervise or perform hazardous materials functions, including persons who design, manufacture, assemble, maintain or operate cargo tanks, or otherwise perform functions leading to the introduction of hazardous materials into transportation, are encouraged to review the guidance in its entirety and to take all necessary measures to ensure compliance with the HMR. Issued in Washington, DC on December 10, 1996. Alan I. Roberts, Associate Administrator for Hazardous Materials Safety. [FR Doc. 96–31731 Filed 12–12–96; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 960919266–6336–02; I.D. 082096D] RIN 0648–AD91 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands; Initial Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues this final rule to implement the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (FMP). The FMP restricts the taking of queen conch in or from the exclusive economic zone (EEZ) around Puerto Rico and the U.S. Virgin Islands (USVI) in order to restore overfished stocks. EFFECTIVE DATE: January 13, 1997. ADDRESSES: Requests for copies of the Final Regulatory Flexibility Analysis (FRFA) should be sent to the Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. Requests for copies of the FMP, which includes a regulatory impact review (RIR)/initial regulatory flexibility analysis (IRFA), and a final environmental impact statement (FEIS), should be sent to the Caribbean Fishery Management Council (Council), 268 Mun˜oz Rivera Avenue, Suite 1108, San Juan, PR 00918–2577. FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813–570–5305. SUPPLEMENTARY INFORMATION: The FMP was prepared by the Council under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Background information on the conch resources of the Caribbean EEZ and the rationale for the management measures in the FMP were contained in the preamble to the proposed rule (61 FR 50794, September 27, 1996) and are not repeated here. Public comments were invited on the FMP, the proposed rule, the IRFA, and other supporting documents through November 12, 1996. NMFS approved the FMP on November 22, 1996. Comments and Responses Comments were received from the U.S. Fish and Wildlife Service 65482 Federal Register / Vol. 61, No. 241 / Friday, December 13, 1996 / Rules and Regulations (USFWS), the Environmental Protection Agency (EPA), and the Center for Marine Conservation (CMC). USFWS believes the FMP and associated documents outline the resource and proposed impacts adequately. The EPA concluded that it has no objection to the implementation of the FMP. Comment: CMC supports the management measures but is concerned that these measures alone may not accomplish the goals of eliminating overfishing, ensuring a sustainable fishery, or restoring healthy conch populations. CMC urges NMFS to consider a prohibition of scuba harvest, the establishment of protected areas, and the development of management measures for other species in the management unit. Response: NMFS believes that the FMP is a good first step in the restoration of queen conch populations in the U.S. Caribbean; however, NMFS agrees with CMC that more needs to be done in the very near future to further reduce fishing mortality. Although the prohibition on harvest by scuba diving was a preferred option, the Council heard testimony from conch fishermen during public hearings that most of their recent catches are from the EEZ. The Council was unwilling to impose such a major burden on the conch fishermen without additional information on catch histories and population trends. Puerto Rico is considering a number of marine reserves in State waters, and the Council is developing an amendment to its coral plan to establish a marine reserve off St. John, USVI. Additional protected areas, which will benefit conch populations, are expected to be established in the U.S. Caribbean as an alternative to more traditional fishery management measures. Most organisms sold as curios and used in handicrafts in Puerto Rico are imported, primarily from the Philippines. Commercial shell collecting does not appear to be a problem here as it is in other areas. However, the Council is prepared to address impacts of the collection of mollusk shells for the curio market if information becomes available indicating the need for action. Classification The Regional Administrator, Southeast Region, NMFS, determined that the FMP is necessary for the conservation and management of the conch resources of the Caribbean Sea and that it is consistent with the Magnuson-Stevens Act and other applicable law. This action has been determined to be not significant for purposes of E.O. 12866. The Council prepared an FEIS for this FMP; a notice of availability for public comment was published on August 29, 1966 (61 FR 45395). According to the FEIS, the restrictions in the FMP would benefit the natural environment for the queen conch fishery. The Council prepared an IRFA for the proposed rule as required under the Regulatory Flexibility Act. The IRFA concluded that the FMP’s proposed measures would, if approved and implemented, have a significant economic effect on a substantial number of small entities. Copies of the IRFA are available from the Council (see ADDRESSES). Following the public comment, NMFS prepared an FRFA. Copies of the FRFA are available from NMFS (see ADDRESSES). The following is a summary of the FRFA. This final rule is necessary to rebuild the overfished queen conch resource in the U.S. EEZ around Puerto Rico and the USVI (Caribbean EEZ). Trends in queen conch landings since the early 1980s suggest declines in abundance of over 50 percent. This rule is designed to rebuild the overfished conch resources in the Caribbean EEZ by protecting spawning stocks and reducing fishing effort. This rule (1) requires that a Caribbean conch resource in or from the Caribbean EEZ be landed in its shell; (2) prohibits possession and sale of queen conch below a minimum size; (3) establishes daily recreational and commercial harvest limits for queen conch; (4) establishes a 3-month closed season regarding the harvest of queen conch; and (5) prohibits the use of hookah gear for harvesting queen conch. The one substantive public comment received on the proposed rule suggested that the Council should propose additional actions to restore queen conch stocks, such as a prohibition of the use of scuba for harvesting conch. NMFS observes, however, that the Council did consider and assess options for additional management actions in its RIR/IRFA and in other analyses of the impacts of various management options (e.g., the FEIS). The Council concluded that the other options considered were likely to increase short-term, adverse economic impacts or were unnecessary at this time for achieving the FMP’s objectives. In approving the FMP, NMFS agreed with the conclusions of the Council’s analyses of regulatory impacts. Accordingly, this comment did not result in changes to the conclusions of the IRFA. The FRFA indicates that this rule will result in significant economic impacts on a substantial number of small entities. The commercial queen conch fishery is composed entirely of small businesses. Although the exact number of small businesses is unknown, the Council’s analyses indicate that at least 30 percent of all queen conch fishing trips will be affected by the rule. The requirement to land queen conch in the shell, rather than discarding the shell at sea, can reduce the ex-vessel value of a day’s catch because vessel capacity may be exceeded in certain small vessels traditionally used in this fishery. The size limit would increase the cost of fishing and reduce the amount of conch taken on some trips, at least in the short term. However, the Council was unable to quantify these potential changes in net benefits because most quantitative data have not been collected for this previously unregulated fishery. Assuming fishermen do not compensate for the reduction in queen conch harvests through increased harvests of other species, estimated reductions in gross revenues per trip in Puerto Rico under a commercial trip limit of 150 queen conch will average $12, a decline of about 7.5 percent. Average gross revenues per trip in the USVI will decline by $5, a decline of less than 2 percent. Assuming most U.S. Caribbean commercial queen conch fishermen reside in Puerto Rico, the 5 percent criterion for significant effects will probably be met. Impacts on small entities from the closed season (July– September) are expected to be minimal because fishermen will shift effort to other fisheries, such as lobsters and snappers, during the summer season. Revenues for USVI queen conch fishermen did not decline significantly when a seasonal closure went into effect in USVI waters. Prohibiting diving gear that provides a continuous air supply from the surface, such as hookah, is likely to have only a very minor impact on small entities. Although no data exist to document the extent of the use of hookah to take queen conch, it is thought to be insignificant relative to scuba and free-diving. In trying to minimize significant economic impacts on small entities, the Council and NMFS considered numerous management alternatives in selecting the preferred management measures regarding landing conch whole, size limits, harvest limits, closed season, and gear restrictions. In general, the approved FMP measures will create unavoidable short-term economic losses for the impacted small business entities. However, all these measures were proposed by the Council and approved by NMFS because they are considered the most appropriate means of rebuilding the overfished queen conch 65483 Federal Register / Vol. 61, No. 241 / Friday, December 13, 1996 / Rules and Regulations resource while maintaining an ongoing commercial fishery. The long-term biological and economic benefits of these measures are expected to exceed any short-term economic costs to the fishery. The Council considered a 5-year moratorium on harvesting queen conch, which would have had severe economic impacts. The Council chose, instead, to pursue an effort-reduction program with fewer economic impacts than the total closure. Regarding the measure requiring landing of whole conch, the FRFA indicates that this would allow enforcement personnel to identify the conch species and, thus, enforce the minimum size limit for queen conch. This provision is expected to reduce fishing effort by limiting the amount of queen conch that can be carried aboard a fishing vessel. Conch fishermen testified that they would prefer to land conch meat only; however, there is no readily available method of distinguishing between the meats of queen conch and other conch resources. In addition, there is no reliable correlation between the age of a queen conch and the weight of its meat. Regarding the size limits, recent scientific studies indicate that protecting queen conch less than 9 inches (22.9 cm) in length and less than 3⁄8 inch (9.5 mm) in lip width is likely to increase the spawning stock biomass. Lower size limits are not expected to achieve this objective although they would likely have a reduced impact on small entities. Regarding harvest limits, the Council believes that the limit of 150 queen conch per day will restrict commercial fishermen to approximately current levels of harvest. An alternative considered by the Council was to establish a harvest limit of 75 queen conch per commercial fisherman. However, the Council decided, based on anticipated adverse economic impacts, to maintain current levels of harvest until data show that a reduction in the harvest limit is necessary. Regarding the closed season from July through September, impacts on small entities are expected to be minimal because fishermen will shift effort to other fisheries, such as spiny lobsters and reef fish, during this period. Regarding gear restrictions, overfishing of nearshore areas has led to an increased reliance on the harvest of queen conch in deeper waters by scuba and hookah diving. Increased access to deeper waters by these methods could result in the elimination of some of the last remaining sources of conch recruitment. Although the Council considered a prohibition on harvest of queen conch by scuba in the EEZ, potential adverse economic impacts of this alternative convinced the Council to recommend only a prohibition against devices that provide a continuous air supply from the surface, such as hookah. Such devices are not often used in the EEZ of the U.S. Caribbean. By allowing extended time on the ocean floor, hookah diving significantly increases harvesting time compared to scuba and free-diving. This action would not revise existing, or establish any new reporting, recordkeeping, or other compliance requirements. List of Subjects in Part 622 Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands. Dated: December 6, 1996. Charles Karnella, Acting Deputy Assistant Administrator for Fisheries. For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. In § 622.1, table 1, an entry is added in alphabetical order to read as follows: § 622.1 Purpose and scope. * * * * * TABLE 1.—FMPS IMPLEMENTED UNDER PART 622 FMP title Respon- sible fish- ery man- agement council(s) Geographi- cal area * * * * * FMP for Queen Conch Re- sources of Puerto Rico and the U.S. Virgin Islands. CFMC ....... Caribbean. * * * * * 3. In § 622.2, the definition for ‘‘Caribbean conch resource’’ is added in alphabetical order to read as follows: § 622.2 Definitions and acronyms. * * * * * Caribbean conch resource means one or more of the following species, or a part thereof: (1) Atlantic triton’s trumpet, Charonia variegata. (2) Cameo helmet, Cassis madagascarensis. (3) Caribbean helmet, Cassis tuberosa. (4) Caribbean vase, Vasum muricatum. (5) Flame helmet, Cassis flammea. (6) Green star shell, Astrea tuber. (7) Hawkwing conch, Strombus raninus. (8) Milk conch, Strombus costatus. (9) Queen conch, Strombus gigus. (10) Roostertail conch, Strombus gallus. (11) True tulip, Fasciolaria tulipa. (12) West Indian fighting conch, Strombus pugilis. (13) Whelk (West Indian top shell), Cittarium pica. * * * * * 4. In § 622.33, paragraph (c) is added to read as follows: § 622.33 Caribbean EEZ seasonal and/or area closures. * * * * * (c) Queen conch closure. From July 1 through September 30, each year, no person may fish for queen conch in the Caribbean EEZ and no person may possess on board a fishing vessel a queen conch in or from the Caribbean EEZ. 5. In § 622.37, paragraph (g) is added to read as follows: § 622.37 Minimum sizes. * * * * * (g) Caribbean queen conch—9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, and 3⁄8 inch (9.5 mm) in lip width at its widest point. A queen conch with a length of at least 9 inches (22.9 cm) or a lip width of at least 3⁄8 inch (9.5 mm) is not undersized. 6. In § 622.38, paragraph (g) is added to read as follows: § 622.38 Landing fish intact. * * * * * (g) A Caribbean conch resource in or from the Caribbean EEZ must be maintained with meat and shell intact. 7. In § 622.39, paragraph (e) is added to read as follows: § 622.39 Bag and possession limits. * * * * * (e) Caribbean queen conch—(1) Applicability. Paragraph (a)(1) of this section notwithstanding, the bag limit of paragraph (e)(2) of this section does not apply to a fisherman who has a valid commercial fishing license issued by Puerto Rico or the U.S. Virgin Islands. See § 622.44 for the commercial daily trip limit. 65484 Federal Register / Vol. 61, No. 241 / Friday, December 13, 1996 / Rules and Regulations (2) Bag limit. The bag limit for queen conch in or from the Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12 per boat. 8. In § 622.41, paragraph (f) is added to read as follows: § 622.41 Species specific limitations. * * * * * (f) Caribbean queen conch. In the Caribbean EEZ, no person may harvest queen conch by diving while using a device that provides a continuous air supply from the surface. 9. In § 622.44, paragraph (f) is added to read as follows: § 622.44 Commercial trip limits. * * * * * (f) Caribbean queen conch. A person who fishes in the Caribbean EEZ and is not subject to the bag limit may not possess in or from the Caribbean EEZ more than 150 queen conch per day. [FR Doc. 96–31588 Filed 12–12–96; 8:45 am] BILLING CODE 3510–22–W