Fisheries Off West Coast States and in the Western Pacific; Highly Migratory Species Fisheries; Data Collection Requirements for U.S. Commercial and Recreational Charter Fishing Vessels, 7022-7024 [05-2531]
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7022
Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
or a written notice of intent to submit
an adverse or negative comment is
received within the comment period,
the regulation will become effective on
the date specified above. After the close
of the comment period, the FAA will
publish a document in the Federal
Register indicating that no adverse or
negative comments were received and
confirming the date on which the final
rule will become effective. If the FAA
does receive, within the comment
period, an adverse or negative comment,
or written notice of intent to submit
such a comment, a document
withdrawing the direct final rule will be
published in the Federal Register, and
a notice of proposed rulemaking may be
published with a new comment period.
Comments Invited
Interested parties are invited to
participate in this rulemaking by
submitting such written data, views, or
arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this notice must submit with those
comments a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
Docket No. FAA–2005–20061/Airspace
Docket Nol 05–ACE–3.’’ The postcard
will be date/time stamped and returned
to the commenter.
Agency Findings
The regulations adopted herein will
not have a substantial direct effect 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. Therefore, it is
determined that this final rule does not
have federalism implications under
Executive Order 13132.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation—(1)
is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
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16:15 Feb 09, 2005
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FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of the airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority
since it contains aircraft executing
instrument approach procedures to Air
Park South Airport.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
Accordingly, the Federal Aviation
Administration amends 14 CFR 71 as
follows:
I
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
1. The authority citation for part 71
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in 14
CFR 71.1 of Federal Aviation
Administration Order 7400.9M, dated
August 30, 2004, and effective
September 16, 2004, is amended as
follows:
I
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ACE MO E5 Ozark, MO
Ozark, Air Park South Airport, MO
(Lat. 37°03′34″ N., long. 93°14′03″ W.)
Springfield VORTAC
(Lat. 37°21′21″ N., long. 93°20′03″ W.)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of Air Park South Airport and within
2 miles each side of the Springfield VORTAC
165° radial extending from the 6.8-mile
radius of the airport to 10 miles south of the
VORTAC.
*
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Frm 00024
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*
Fmt 4700
*
Sfmt 4700
Issued in Kansas City, MO, on January 25,
2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–2554 Filed 2–9–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902 and 50 CFR Part 660
[Docket No. 031125294–5018–03; I.D.
102903C]
RIN 0648–AP42
Fisheries Off West Coast States and in
the Western Pacific; Highly Migratory
Species Fisheries; Data Collection
Requirements for U.S. Commercial and
Recreational Charter Fishing Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; effectiveness of
collection-of-information requirements.
AGENCY:
SUMMARY: NMFS announces approval by
the Office of Management and Budget
(OMB) of collection-of-information
requirements pertaining to permits,
logbooks, vessel monitoring systems
(VMS), and pre-trip notifications
contained in the final rule to implement
the approved portions of the U.S. West
Coast Highly Migratory Species Fishery
Management Plan (HMS FMP). The
HMS FMP was partially approved on
February 4, 2004, and the final rule to
implement the approved portions of the
HMS FMP was published in the Federal
Register on April 7, 2004. At that time,
the HMS FMP final rule contained
collection-of-information requirements
subject to the Paperwork Reduction Act
(PRA) that were undergoing OMB
review. This action announces receipt of
OMB approval of data collections in the
HMS FMP final rule for HMS permits,
recordkeeping and reporting (daily
logbooks), VMS, and pre-trip
notification requirements for West Coast
based U.S. fishing vessels targeting
HMS. The intent of this notice is to
inform the public of the effective date of
the requirements approved by OMB.
DATES: This rule is effective February
10, 2005. Title 50 § 660.707 permits,
§ 660.708 reporting and recordkeeping,
§ 660.712(d) VMS, and § 660.712(f) pretrip notification of the final rule for the
U.S. West Coast Highly Migratory
Species Fishery Management Plan
E:\FR\FM\10FER1.SGM
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
published on April 7, 2004 (69 FR
18444), are effective on April 11, 2005.
ADDRESSES: Copies of the HMS FMP
may be obtained from Donald O.
McIsaac, Executive Director, Pacific
Fishery Management Council, 7700 NE
Ambassador Place, Suite 200, Portland,
OR 97220–1384. Copies of the HMS
FMP final rule, the Final Environmental
Impact Statement (FEIS), the Final
Regulatory Impact Review (RIR), and the
Final Regulatory Flexibility Analysis
(FRFA) are available from NMFS,
Southwest Regional Office, 501 West
Ocean Boulevard, Suite 4200, Long
Beach, CA 90802. Copies of the Small
Entity Compliance Guide for the HMS
FMP final rule are available on the
Southwest Region, NMFS website http:/
/swr.nmfs.noaa.gov. Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule should be submitted to
Rodney A. McInnis, Regional
Administrator, NMFS, Southwest
Regional Office at the above address.
These comments may also be submitted
by e-mail to
DavidlRostker@omb.eop.gov, or to the
Federal e-rulemaking portal https://
www.regulations.gov, or faxed to 202–
395–7285.
FOR FURTHER INFORMATION CONTACT:
Craig Heberer, Sustainable Fisheries
Division, Southwest Region, NMFS,
562–980–4034 or 760–431–9440, ext.
303.
SUPPLEMENTARY INFORMATION: On April
7, 2004 (69 FR 18444), NMFS published
a final rule that implemented the
approved portion of the HMS FMP
establishing, among other measures,
data collection and reporting
requirements for U.S. West Coast
commercial and recreational charter
fishing vessels targeting HMS. The HMS
FMP final rule contained collection-ofinformation requirements that could not
be enforced prior to approval by the
OMB under the PRA. Delayed
enforcement of these sections were
announced in the April 7, 2004, HMS
FMP final rule pending OMB approval
of the proposed collections-ofinformation. In the HMS FMP final rule,
NMFS requested comments on the
reporting burden estimate or any other
aspect of the collection-of-information
requirements. No comments were
received on the collection-ofinformation requirements. OMB has
approved the collections-of-information
requirements codified at 50 CFR
660.707 for permits; § 660.708 for
recordkeeping and reporting;
§ 660.712(d) for a vessel monitoring
system, and § 660.712(f) for pre-trip
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Jkt 205001
notification. These sections are effective
April 11, 2005 and will be enforced
beginning on that date. Section 660.707
requires a HMS permit with an
endorsement for a specific gear for all
commercial and recreational charter
fishing vessels fishing for HMS. Section
660.708 requires all HMS permit
holders to maintain and submit to
NMFS a daily logbook of catch and
effort in the HMS fisheries. Section
660.712(d) requires the holder of a HMS
permit registered for use of longline gear
to carry a vessel monitoring system
(VMS) onboard the vessel after the date
scheduled for installation by the NMFS.
Section 660.712(f) requires that an
operator of a vessel registered for use of
longline gear must notify NMFS at least
24 hours prior to embarking on a fishing
trip regardless of the intended area of
fishing. The OMB has not yet cleared
the vessel identification requirements
detailed in 50 CFR 660.704, and those
requirements will be dealt with in a
future Federal Register document.
Pursuant to the PRA, part 902 of title 15
CFR displays control numbers assigned
to NMFS information collection
requirements by OMB. This part fulfills
the requirements of section
3506(c)(1)(B)(i) of the PRA, which
requires that agencies display a current
control number, assigned by the
Director of OMB, for each agency
information collection requirement.
This final rule codifies OMB control
numbers for 0648–0204 for § 660.707
and 0648–0498 for §§ 660.708,
660.712(d), and 660.712(f).
Classification
The Regional Administrator, NMFS,
Southwest Region determined that the
data collection requirements
implemented by this final rule are
necessary for the conservation and
management of the U.S. West Coast
HMS fisheries and are consistent with
the Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable law.
The data collection requirements
implemented by this final rule have
been determined to be not significant for
purposes of Executive Order 12866.
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act (RFA),
prepared a FRFA in support of the HMS
FMP final rule published April 7, 2004.
The FRFA described the economic
impact that this final rule, along with
other non-preferred alternatives, will
have on small entities, including HMS
commercial and recreational charter
fishing vessels affected by this action.
The contents of the FRFA and the
incorporated documents (the IRFA, the
RIR, and the FEIS) are not repeated here.
PO 00000
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Fmt 4700
Sfmt 4700
7023
A copy of these documents is available
upon request (see ADDRESSES).
Under this HMS FMP final rule there
will be no Federal fee borne by the
fishing industry for the required HMS
permit. Industry costs arise from the
time required to recover the necessary
information and complete the permit
forms. The permit requirement under
this final rule will establish an initial
one-time reporting burden of 562.9
hours for the 1,337 participating vessels
(an average of 0.42 hours/per vessel).
Permits are valid for 2 years, so the
additional annualized burden is 281.5
hours for initial permit issuance.
This final rule requires all surface
hook and line fishing vessels targeting
HMS to maintain and submit logbooks
for fishing in the U.S. EEZ and on the
adjacent high seas areas covered under
the HSFCA if they do not already
submit logbooks under another
regulation. This final rule establishes an
annual reporting burden of 2,661 hours
for the 887 participating vessels (887
vessels x 3 trips per year x 1 hour per
trip to report).
For VMS, the reporting burden for the
longline fleet is estimated to be 324.6
hours based on 20 longline vessels
making 6 trips each year, with an
average of 15 days at sea for each trip
(24 reports/day x 24 sec/report).
This final rule contains new
collection-of-information requirements
approved by OMB under the PRA.
Public reporting burden for these
collections of information are estimated
to average as follows:
1. Twenty to thirty five minutes for a
permit application depending on the
extent of correction of information on
application forms and of new
information to be submitted on those
forms,
2. Five minutes for filling out the
HMS log each day,
3. Five minutes for a pre-trip
notification by longline vessel operators,
4. Four hours for installation of a
VMS on longline vessels,
5. Two hours for maintenance of the
VMS system,
6. Twenty four seconds for each
electronic report submitted via the
satellite based VMS.
These estimates include the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
information. Public comment is sought
regarding: whether this collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
E:\FR\FM\10FER1.SGM
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
or any other aspects of the collections of
information to NMFS (see ADDRESSES).
Notwithstanding any other provisions
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designated such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide was prepared for the
HMS FMP final rule. This guide will be
posted on the NMFS SWR website
(https://swr.nmfs.noaa.gov) and a hard
copy will be sent to all interested parties
upon request (see FOR FURTHER
INFORMATION CONTACT).
2. In § 902.1, the table in paragraph (b)
under 50 CFR is amended by adding in
numerical order entries for § § 660.707,
660.708, and 660.712(d) and (f) as
follows:
I
§ 902.1 OMB Control numbers assigned
pursuant to the Paperwork Reduction Act.
*
*
*
(b)* * *
*
*
CFR part or section where the
information collection requirement is located
*
Current
OMB control number (All
numbers
begin with
0648–)
*
*
*
*
50 CFR
*
*
*
*
*
660.707
660.708
660.712(d) and (f)
*
*
*
*
–0204
–0498
–0498
*
[FR Doc. 05–2531 Filed 2–9–05; 8:45 am]
BILLING CODE 3510–22–S
15 CFR Part 902
Reporting and recordkeeping
requirements.
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[CGD01–05–008]
Coast Guard, DHS.
Notice of temporary deviation.
AGENCY:
ACTION:
Permits and Reporting and
recordkeeping requirements.
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations governing the operation of
the Long Beach Bridge, at mile 4.7,
across Reynolds Channel New York.
This temporary deviation allows the
bridge to remain in the closed position
from February 21, 2005 through
February 27, 2005. This temporary
deviation is necessary to facilitate
scheduled bridge maintenance.
DATES: This temporary deviation is
effective from February 21, 2005
through February 27, 2005.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7165.
SUPPLEMENTARY INFORMATION: The Long
Beach Bridge has a vertical clearance of
For the reasons set out in the preamble,
15 CFR chapter IX, Part 902, is amended
as follows:
I
15 CFR Chapter IX
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
1. The authority citation for part 902
continues to read as follows:
I
Authority: 44 U.S.C. 3501 et seq.
VerDate jul<14>2003
16:15 Feb 09, 2005
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BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
PO 00000
Frm 00026
Fmt 4700
[WV100–6030; FRL–7861–3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Revised Format of 40 CFR
Part 52 for Materials Being
Incorporated by Reference
Coast Guard
50 CFR Part 660
Dated: February 4, 2005.
Rebecca Lent,
Deputy Assistant Administrator or Regulatory
Programs, National Marine Fisheries Service.
Dated: January 31, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–2557 Filed 2–9–05; 8:45 am]
40 CFR Part 52
Drawbridge Operation Regulations:
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, NY
List of Subjects
20 feet at mean high water and 24 feet
at mean low water. The existing
regulations are listed at 33 CFR
117.799(g).
The bridge owner, Nassau County
Department of Public Works, requested
a temporary deviation for the Long
Beach Bridge to facilitate scheduled
maintenance repairs, gear rack repairs,
at the bridge.
Under this temporary deviation the
Long Beach Bridge need not open for
vessel traffic from February 21, 2005
through February 27, 2005.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
SUMMARY: EPA is revising the format for
materials submitted by West Virginia
that are incorporated by reference (IBR)
into its State implementation plan (SIP).
The regulations affected by this format
change have all been previously
submitted by West Virginia and
approved by EPA. This format revision
will primarily affect the ‘‘Identification
of plan’’ section, as well as the format
of the SIP materials that will be
available for public inspection at the
National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC, and the EPA Regional
Office. EPA is also adding a table in the
‘‘Identification of plan’’ section which
summarizes the approval actions that
EPA has taken on the non-regulatory
and quasi-regulatory portions of the
West Virginia SIP.
E:\FR\FM\10FER1.SGM
10FER1
Agencies
[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7022-7024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2531]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902 and 50 CFR Part 660
[Docket No. 031125294-5018-03; I.D. 102903C]
RIN 0648-AP42
Fisheries Off West Coast States and in the Western Pacific;
Highly Migratory Species Fisheries; Data Collection Requirements for
U.S. Commercial and Recreational Charter Fishing Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; effectiveness of collection-of-information
requirements.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval by the Office of Management and
Budget (OMB) of collection-of-information requirements pertaining to
permits, logbooks, vessel monitoring systems (VMS), and pre-trip
notifications contained in the final rule to implement the approved
portions of the U.S. West Coast Highly Migratory Species Fishery
Management Plan (HMS FMP). The HMS FMP was partially approved on
February 4, 2004, and the final rule to implement the approved portions
of the HMS FMP was published in the Federal Register on April 7, 2004.
At that time, the HMS FMP final rule contained collection-of-
information requirements subject to the Paperwork Reduction Act (PRA)
that were undergoing OMB review. This action announces receipt of OMB
approval of data collections in the HMS FMP final rule for HMS permits,
recordkeeping and reporting (daily logbooks), VMS, and pre-trip
notification requirements for West Coast based U.S. fishing vessels
targeting HMS. The intent of this notice is to inform the public of the
effective date of the requirements approved by OMB.
DATES: This rule is effective February 10, 2005. Title 50 Sec.
660.707 permits, Sec. 660.708 reporting and recordkeeping, Sec.
660.712(d) VMS, and Sec. 660.712(f) pre-trip notification of the final
rule for the U.S. West Coast Highly Migratory Species Fishery
Management Plan
[[Page 7023]]
published on April 7, 2004 (69 FR 18444), are effective on April 11,
2005.
ADDRESSES: Copies of the HMS FMP may be obtained from Donald O.
McIsaac, Executive Director, Pacific Fishery Management Council, 7700
NE Ambassador Place, Suite 200, Portland, OR 97220-1384. Copies of the
HMS FMP final rule, the Final Environmental Impact Statement (FEIS),
the Final Regulatory Impact Review (RIR), and the Final Regulatory
Flexibility Analysis (FRFA) are available from NMFS, Southwest Regional
Office, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.
Copies of the Small Entity Compliance Guide for the HMS FMP final rule
are available on the Southwest Region, NMFS website https://
swr.nmfs.noaa.gov. Written comments regarding the burden-hour estimates
or other aspects of the collection-of-information requirements
contained in this final rule should be submitted to Rodney A. McInnis,
Regional Administrator, NMFS, Southwest Regional Office at the above
address. These comments may also be submitted by e-mail to David--
Rostker@omb.eop.gov, or to the Federal e-rulemaking portal https://
www.regulations.gov, or faxed to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries
Division, Southwest Region, NMFS, 562-980-4034 or 760-431-9440, ext.
303.
SUPPLEMENTARY INFORMATION: On April 7, 2004 (69 FR 18444), NMFS
published a final rule that implemented the approved portion of the HMS
FMP establishing, among other measures, data collection and reporting
requirements for U.S. West Coast commercial and recreational charter
fishing vessels targeting HMS. The HMS FMP final rule contained
collection-of-information requirements that could not be enforced prior
to approval by the OMB under the PRA. Delayed enforcement of these
sections were announced in the April 7, 2004, HMS FMP final rule
pending OMB approval of the proposed collections-of-information. In the
HMS FMP final rule, NMFS requested comments on the reporting burden
estimate or any other aspect of the collection-of-information
requirements. No comments were received on the collection-of-
information requirements. OMB has approved the collections-of-
information requirements codified at 50 CFR 660.707 for permits; Sec.
660.708 for recordkeeping and reporting; Sec. 660.712(d) for a vessel
monitoring system, and Sec. 660.712(f) for pre-trip notification.
These sections are effective April 11, 2005 and will be enforced
beginning on that date. Section 660.707 requires a HMS permit with an
endorsement for a specific gear for all commercial and recreational
charter fishing vessels fishing for HMS. Section 660.708 requires all
HMS permit holders to maintain and submit to NMFS a daily logbook of
catch and effort in the HMS fisheries. Section 660.712(d) requires the
holder of a HMS permit registered for use of longline gear to carry a
vessel monitoring system (VMS) onboard the vessel after the date
scheduled for installation by the NMFS. Section 660.712(f) requires
that an operator of a vessel registered for use of longline gear must
notify NMFS at least 24 hours prior to embarking on a fishing trip
regardless of the intended area of fishing. The OMB has not yet cleared
the vessel identification requirements detailed in 50 CFR 660.704, and
those requirements will be dealt with in a future Federal Register
document. Pursuant to the PRA, part 902 of title 15 CFR displays
control numbers assigned to NMFS information collection requirements by
OMB. This part fulfills the requirements of section 3506(c)(1)(B)(i) of
the PRA, which requires that agencies display a current control number,
assigned by the Director of OMB, for each agency information collection
requirement. This final rule codifies OMB control numbers for 0648-0204
for Sec. 660.707 and 0648-0498 for Sec. Sec. 660.708, 660.712(d), and
660.712(f).
Classification
The Regional Administrator, NMFS, Southwest Region determined that
the data collection requirements implemented by this final rule are
necessary for the conservation and management of the U.S. West Coast
HMS fisheries and are consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable law.
The data collection requirements implemented by this final rule
have been determined to be not significant for purposes of Executive
Order 12866.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), prepared a FRFA in support of the HMS FMP final rule published
April 7, 2004. The FRFA described the economic impact that this final
rule, along with other non-preferred alternatives, will have on small
entities, including HMS commercial and recreational charter fishing
vessels affected by this action. The contents of the FRFA and the
incorporated documents (the IRFA, the RIR, and the FEIS) are not
repeated here. A copy of these documents is available upon request (see
ADDRESSES).
Under this HMS FMP final rule there will be no Federal fee borne by
the fishing industry for the required HMS permit. Industry costs arise
from the time required to recover the necessary information and
complete the permit forms. The permit requirement under this final rule
will establish an initial one-time reporting burden of 562.9 hours for
the 1,337 participating vessels (an average of 0.42 hours/per vessel).
Permits are valid for 2 years, so the additional annualized burden is
281.5 hours for initial permit issuance.
This final rule requires all surface hook and line fishing vessels
targeting HMS to maintain and submit logbooks for fishing in the U.S.
EEZ and on the adjacent high seas areas covered under the HSFCA if they
do not already submit logbooks under another regulation. This final
rule establishes an annual reporting burden of 2,661 hours for the 887
participating vessels (887 vessels x 3 trips per year x 1 hour per trip
to report).
For VMS, the reporting burden for the longline fleet is estimated
to be 324.6 hours based on 20 longline vessels making 6 trips each
year, with an average of 15 days at sea for each trip (24 reports/day x
24 sec/report).
This final rule contains new collection-of-information requirements
approved by OMB under the PRA. Public reporting burden for these
collections of information are estimated to average as follows:
1. Twenty to thirty five minutes for a permit application depending
on the extent of correction of information on application forms and of
new information to be submitted on those forms,
2. Five minutes for filling out the HMS log each day,
3. Five minutes for a pre-trip notification by longline vessel
operators,
4. Four hours for installation of a VMS on longline vessels,
5. Two hours for maintenance of the VMS system,
6. Twenty four seconds for each electronic report submitted via the
satellite based VMS.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information. Public
comment is sought regarding: whether this collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information shall have practical utility; the
accuracy of the burden estimate;
[[Page 7024]]
ways to enhance the quality, utility, and clarity of the information to
be collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments or
any other aspects of the collections of information to NMFS (see
ADDRESSES).
Notwithstanding any other provisions of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designated such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared
for the HMS FMP final rule. This guide will be posted on the NMFS SWR
website (https://swr.nmfs.noaa.gov) and a hard copy will be sent to all
interested parties upon request (see FOR FURTHER INFORMATION CONTACT).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 660
Permits and Reporting and recordkeeping requirements.
Dated: February 4, 2005.
Rebecca Lent,
Deputy Assistant Administrator or Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 15 CFR chapter IX, Part 902,
is amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, the table in paragraph (b) under 50 CFR is amended
by adding in numerical order entries for Sec. Sec. 660.707, 660.708,
and 660.712(d) and (f) as follows:
Sec. 902.1 OMB Control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b)* * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information (All numbers begin with
collection requirement is located 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR ...........................
* * * * *
660.707 -0204
660.708 -0498
660.712(d) and (f) -0498
* * * * *
------------------------------------------------------------------------
[FR Doc. 05-2531 Filed 2-9-05; 8:45 am]
BILLING CODE 3510-22-S