Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Observer Program, 14764-14766 [E7-5826]
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14764
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules
entities for the purposes of the Regulatory
Flexibility Act. Based on this determination,
no initial regulatory flexibility analysis has
been prepared.
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This requirement has been
submitted to OMB for approval. The
public reporting burden for these
requirements is estimated to be 30 min
for a new permit application, and 20
min for completing a fishing logbook
each day. Each estimate includes time
for reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Public comment is sought regarding
whether (a) this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility,
(b) the accuracy of the burden estimates,
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (d) 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
on these or any other aspects of the
collection of information to William L.
Robinson (see ADDRESSES), and email to
DavidlRostker@omb.eop.gov or fax to
202–395–7285.
Notwithstanding any other provision
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.
List of Subjects in 50 CFR Part 665
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaii, Hawaiian
natives, Northern Mariana Islands,
Pacific Remote Island Areas, Reporting
and recordkeeping requirements.
pwalker on PROD1PC71 with PROPOSALS
Dated: March 23, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Authority: 16 U.S.C. 1801 et seq.
2. In § 665.12, add the definition of
‘‘Hawaii non-longline pelagic permit’’ to
read as follows:
§ 665.12
Definitions.
*
*
*
*
*
Hawaii non-longline pelagic permit
means the permit required by § 665.21
to use non-longline fishing gear to fish
for Pacific pelagic management unit
species in EEZ waters around Hawaii,
the resulting catch of which either is, or
is intended to be, sold, bartered, or
traded.
*
*
*
*
*
3. In § 665.21, add a new paragraph
(o) to read as follows:
§ 665.21
Permits.
*
*
*
*
*
(o) The owner of any vessel used to
fish for Pacific pelagic management unit
species using non-longline gear in EEZ
waters around Hawaii, the resulting
catch of which either is, or is intended
to be, sold, bartered, or traded, must
have a valid Hawaii non-longline
pelagic permit issued for the vessel.
*
*
*
*
*
5. In § 665.22, add new paragraph (uu)
to read as follows:
§ 665.22
Prohibitions.
*
*
*
*
*
(uu) Engage in fishing using nonlongline gear for Pacific pelagic
management unit species in EEZ waters
around Hawaii without a valid Hawaii
non-longline pelagic permit as required
under § 665.21(o).
*
*
*
*
*
[FR Doc. E7–5825 Filed 3–28–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070316061–7061–01; I.D.
031907B]
RIN 0648–AV13
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Observer
Program
PART 665—FISHERIES IN THE
WESTERN PACIFIC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
1. The authority citation for part 665
continues to read as follows:
SUMMARY: NMFS issues a proposed rule
to amend regulations supporting the
For the reasons set out in the
preamble, 50 CFR part 665 is proposed
to be amended as follows:
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AGENCY:
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Fmt 4702
Sfmt 4702
North Pacific Groundfish Observer
Program (Observer Program). This
action is necessary to revise
requirements for the facilitation of
observer data transmission and improve
inseason support for observers. The
proposed rule would promote the goals
and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area and the Fishery
Management Plan for Groundfish of the
Gulf of Alaska (FMPs).
DATES: Written comments must be
received by April 27, 2007.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. Comments may be
submitted by any of the following
methods:
• E-mail: 0648–AV13–PROCS@noaa.gov. Include in the subject
line the following identifier: ‘‘OCS
proposed rule.’’ E-mail comments, with
or without attachments, are limited to 5
megabytes;
• Mail: P.O. Box 21668, Juneau, AK
99802;
• Fax: (907) 586–7557;
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK; or
• Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions at that site for submitting
comments.
Copies of the Regulatory Impact
Review/Initial Regulatory Flexibility
Analysis (RIR/IRFA) prepared for this
action may be obtained from the mailing
address above or from the NMFS Alaska
Region website at https://
www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jason Anderson, 907–586–7228, or
jason.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish
fisheries of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
Gulf of Alaska (GOA) in the Exclusive
Economic Zone under the FMPs. The
North Pacific Fishery Management
Council (Council) has prepared the
FMPs pursuant to the MagnusonStevens Fishery Conservation and
Management Act. Regulations
implementing the FMPs appear at 50
CFR part 679. General regulations that
pertain to U.S. fisheries appear at
subpart H of 50 CFR part 600.
The Council originally adopted and
NMFS approved and implemented the
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Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules
current ‘‘interim’’ Observer Program
(Observer Program) in 1996 (61 FR
56425, November 1, 1996). Through
interim extensions, Observer Program
regulatory requirements have been
extended through 2007 (62 FR 67755,
December 30, 1997; 63 FR 69024,
December 15, 1998; 65 FR 80381,
December 21, 2000; and 67 FR 72595,
December 6, 2002). A proposed rule that
would extend regulations implementing
the Observer Program indefinitely was
published on February 22, 2007 (72 FR
7948).
The Observer Program provides the
regulatory framework for the collection
of data by observers to obtain
information necessary for the
conservation and management of the
groundfish fisheries managed under the
FMPs. Regulations implementing the
Observer Program at § 679.50 require
observer coverage aboard catcher
vessels, catcher/processors,
motherships, and shoreside and
stationary floating processors that
participate in the groundfish fisheries
off Alaska, as well as establish vessel,
processor, and observer provider
responsibilities relating to the Observer
Program.
Timely electronic communication of
catch reports submitted to NMFS by
industry and observers is crucial for
groundfish quota and prohibited species
catch allowance monitoring. In July
1995, NMFS issued a final rule (60 FR
34904, July 5, 1995) that required
computer hardware and software that
enabled observers to send NMFS
electronic data on all catcher/
processors, motherships, and shoreside
processors that process groundfish. In
October 2003, a final rule was published
(68 FR 58038, October 8, 2003) that
extended these requirements to all
catcher vessels that are required to carry
an observer at all times during fishing
operations. In April 2006, a final rule
(71 FR 20346, April 20, 2006) was
issued that, in part, revised hardware
requirements to allow software upgrades
installation. These rulemakings referred
to the electronic data submission and
communications system as ‘‘Atlas.’’
Regulations describing hardware and
software requirements for electronic
submission of observer reports on all
catcher/processors, motherships,
catcher vessels required to carry an
observer at all times, and from shoreside
and stationary floating processors are
found at § 679.50(g)(1) and (g)(2). This
electronic data submission and
communications system is now called
the ‘‘observer communications system
(OCS).’’ The OCS is comprised of
computers and communications
equipment supplied by catcher vessels,
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18:15 Mar 28, 2007
Jkt 211001
catcher/processors, motherships, and
shoreside and stationary floating
processors, as well as custom software
provided by NMFS. The OCS allows
observers to rapidly process and report
the data they collect to NMFS. Its use on
catcher vessels, catcher/processors,
motherships, and shoreside and
stationary floating processors has
enhanced timely and accurate fisheries
data reporting.
Regulations at § 679.50(g)(1) and (g)(2)
require each OCS-use computer to meet
processing chip, memory, operating
system, disk drives, and modem
minimum specifications. Since its
implementation, OCS requirements
have been periodically revised through
proposed and final rulemaking to
require necessary upgrades as
commercially available software became
obsolete or unsupported by its
manufacturer, or as NMFS upgraded the
OCS software component to increase
data quality and efficiency.
Rather than propose necessary
hardware and software component
upgrades to support new OCS software,
NMFS proposes to remove these specific
requirements. NMFS proposes to require
that each catcher vessel, catcher/
processor, mothership, and shoreside
and stationary floating processor already
subject to OCS requirements provide
hardware and software that is fully
functional and operational with the
NMFS-supplied software. The term
‘‘functional’’ would mean that all the
tasks and components of the NMFS
supplied software and data
transmissions to NMFS could be
executed effectively by the computer
equipment. NMFS would no longer
revise OCS hardware and software
requirements through rulemaking. As
changes to the software component of
the OCS become necessary to support
electronic communications of observer
data, Observer Program staff would
communicate in writing with vessel and
plant personnel to describe those
changes. Catcher vessels, catcher/
processors, motherships, and shoreside
or stationary floating processors subject
to OCS requirements would be required
to ensure their computer hardware and
software components continued to meet
the functionality and operational
requirements.
Observer Program staff are currently
upgrading the OCS software component.
One reason for the upgrade is that the
commercial database software used to
store observer-collected information and
interface with the OCS software is no
longer supported by the manufacturer.
The new OCS software should increase
overall data quality by increasing the
functionality and efficiency of the OCS,
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Sfmt 4702
14765
and interface with new, supported
commercial database software. The new
OCS software is expected to be available
for installation for the 2008 fishing year.
If this proposed regulation is adopted,
catcher vessels, catcher/processors,
motherships, and shoreside or
stationary floating processors must
ensure the OCS computer meets the
minimum specifications necessary for
the software to execute all of its tasks,
including communication with NMFS
computers to transmit data for the 2008
fishing year.
Changes to OCS Regulations
Presently, § 679.50(g)(1)(iii)(B)(1) and
(g)(2)(iii)(B)(1) describe the minimum
hardware and software requirements for
the computer provided for an observer’s
use. This action proposes to remove
these requirements except that the
computer would still be required to be
connected to a communication device
that provides a point-to-point modem
NMFS host computer connection.
Proposed regulations at
§ 679.50(g)(1)(iii)(B)(2) and
(g)(2)(iii)(B)(2) would require catcher
vessel, catcher/processor, mothership,
and shoreside or stationary floating
processor operators to install the most
recent NMFS-provided OCS software
version or other NMFS-approved,
commercially available software. While
no commercially available software has
been approved at this time, NMFS
would consider approving commercially
available software in the future.
Regulations at § 679.50(g)(1)(iii)(C)
and (g)(2)(iii)(C) currently require all
OCS hardware to be fully functional and
operational. According to these
regulations, ‘‘functional’’ means that the
hardware can initiate and transmit data
to NMFS. Under this action,
‘‘functional’’ would be defined so that
all of the NMFS-supplied, or other
approved, software’s tasks and
components must also be fully
functional and operational on the
computer equipment. Additionally,
NMFS proposes to redesignate these
paragraphs as § 679.50(g)(1)(iii)(B)(3)
and (g)(2)(iii)(B)(3), respectively, to
clarify that both software and hardware
OCS components must be functional.
The revisions described above are
necessary to accommodate the larger,
more sophisticated software and
database programs provided, or other
approved, by NMFS.
Classification
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory
flexibility analysis (IRFA) as required by
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14766
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules
section 603 of the Regulatory Flexibility
Act. The IRFA describes the economic
impact this proposed rule, if adopted,
would have on small entities. An action
description, why it is being considered,
and the legal basis for this action are
contained at the beginning of the
preamble and in the SUMMARY section
of the preamble. An IRFA copy is
available from NMFS (see ADDRESSES)
and is not repeated here. An analysis
summary follows.
This proposed rule would require
vessels and shoreside or stationary
floating processors to meet current
technology standards necessary to
support OCS software changes as they
occur. Entities subject to OCS
requirements include all motherships,
catcher/processors, shoreside or
stationary floating processors and
catcher vessels required to carry an
observer at all times. These proposed
actions would revise requirements for
the facilitation of observer data
transmission and improve support for
observers.
All motherships have gross revenues
in excess of $4 million and are
considered large entities. Data available
for 2005 indicate that 17 of the 83
catcher/processors active in the
groundfish fisheries that year would be
considered small entities.
Confidentiality restrictions require
NMFS to report gross revenue
information in aggregate of four or more
entities. These restrictions prevent
NMFS from reporting the number of
catcher vessels and shoreside or
stationary floating processors regulated
under this proposed action as small
entities because each group is no larger
than four.
Alternative 1 described in the EA/
RIR/IRFA is the status quo alternative.
Current regulations regarding
computing and communications
equipment would remain in effect.
Alternative 2 would remove current
hardware and software specifications for
all vessels and shoreside or stationary
floating processors currently subject to
OCS requirements, and instead require
them to ensure the computer provided
for use by an observer meets the
minimum specifications necessary for
the NMFS-provided OCS software to
execute all of its tasks, including
communicate with NMFS computers to
transmit data.
Alternative 3 would revise current
regulations to upgrade minimum
hardware and software specifications for
all vessels and shoreside or stationary
floating processors currently subject to
OCS requirements. Future changes to
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18:15 Mar 28, 2007
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OCS software that would require
hardware and software upgrades would
require additional rulemaking.
Upgrade costs to accommodate
anticipated changes to OCS software are
estimated to average $93 for all catcher/
processors, $200 for all motherships,
$315 for all shoreside and stationary
floating processors, and $438 for all
catcher vessels required to carry an
observer at all times under the proposed
action. For the 17 catcher/processors
considered small entities, the cost is
estimated at about 0.004 percent of one
year’s gross revenues. As noted above,
NMFS is unable to report gross revenues
for catcher vessels and shoreside or
stationary floating processors
considered small entities under this
action. Therefore, OCS upgrade costs
cannot be reported as a percentage of
gross revenues for these entities.
No additional recordkeeping,
reporting, or compliance requirements
are associated with this action.
The analysis did not reveal any
Federal rules that duplicate, overlap, or
conflict with the proposed action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: March 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 679 as follows:
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
1. The authority citation for part 679
continues to read as follows:
Authority: 16 U.S.C. 773 et seq., 1801 et
seq., 3631 et seq.; Pub. L. 108–199, 118 Stat.
110.
2. In § 679.50, paragraph (g)(1)(iii)(C)
is redesignated as paragraph
(g)(1)(iii)(B)(3) and revised; paragraph
(g)(2)(iii)(C) is redesignated as paragraph
(g)(2)(iii)(B)(3) and revised; and
paragraphs (g)(1)(iii)(B)(1) and (2), and
(g)(2)(iii)(B)(1) and (2) are revised to
read as follows:
§ 679.50 Groundfish Observer Program
applicable through December 31, 2007.
*
*
*
*
*
(g) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer.
Making a computer available for use by
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Frm 00058
Fmt 4702
Sfmt 4702
the observer. This computer must be
connected to a communication device
that provides a point-to-point
connection to the NMFS host computer.
(2) NMFS-supplied software. Ensuring
that the catcher/processor, mothership,
or catcher vessel specified in paragraph
(g)(1) of this section has installed the
most recent release of NMFS data entry
software provided by the Regional
Administrator, or other approved
software.
(3) Functional and operational
equipment. Ensuring that the
communication equipment required in
paragraph (g)(1)(iii)(B) of this section
and that is used by observers to enter
and transmit data, is fully functional
and operational. ‘‘Functional’’ means
that all the tasks and components of the
NMFS supplied, or other approved,
software described at paragraph
(g)(1)(iii)(B)(2) of this section and the
data transmissions to NMFS can be
executed effectively aboard the vessel
by the communications equipment.
*
*
*
*
*
(2) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer.
Making a computer available for use by
the observer. This computer must be
connected to a communication device
that provides a point-to-point
connection to the NMFS host computer.
(2) NMFS-supplied software. Ensuring
that the shoreside or stationary floating
processor specified in paragraph (g)(2)
of this section has installed the most
recent release of NMFS data entry
software provided by the Regional
Administrator, or other approved
software.
(3) Functional and operational
equipment. Ensuring that the
communication equipment required in
paragraph (g)(2)(iii)(B) of this section
and that is used by observers to enter
and transmit data, is fully functional
and operational. ‘‘Functional’’ means
that all the tasks and components of the
NMFS supplied, or other approved,
software described at paragraph
(g)(2)(iii)(B)(2) of this section and the
data transmissions to NMFS can be
executed effectively aboard the vessel
by the communications equipment.
*
*
*
*
*
[FR Doc. E7–5826 Filed 3–28–07; 8:45 am]
BILLING CODE 3510–22–S
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29MRP1
]]>Agencies
[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14764-14766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5826]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070316061-7061-01; I.D. 031907B]
RIN 0648-AV13
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Observer Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a proposed rule to amend regulations supporting
the North Pacific Groundfish Observer Program (Observer Program). This
action is necessary to revise requirements for the facilitation of
observer data transmission and improve inseason support for observers.
The proposed rule would promote the goals and objectives of the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area and the Fishery Management Plan for Groundfish of the
Gulf of Alaska (FMPs).
DATES: Written comments must be received by April 27, 2007.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. Comments may be submitted by any of the
following methods:
E-mail: 0648-AV13-PR-OCS@noaa.gov. Include in the subject
line the following identifier: ``OCS proposed rule.'' E-mail comments,
with or without attachments, are limited to 5 megabytes;
Mail: P.O. Box 21668, Juneau, AK 99802;
Fax: (907) 586-7557;
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK; or
Webform at the Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for
submitting comments.
Copies of the Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (RIR/IRFA) prepared for this action may be
obtained from the mailing address above or from the NMFS Alaska Region
website at https://www.fakr.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Jason Anderson, 907-586-7228, or
jason.anderson@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS manages the U.S. groundfish fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA) in the
Exclusive Economic Zone under the FMPs. The North Pacific Fishery
Management Council (Council) has prepared the FMPs pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
implementing the FMPs appear at 50 CFR part 679. General regulations
that pertain to U.S. fisheries appear at subpart H of 50 CFR part 600.
The Council originally adopted and NMFS approved and implemented
the
[[Page 14765]]
current ``interim'' Observer Program (Observer Program) in 1996 (61 FR
56425, November 1, 1996). Through interim extensions, Observer Program
regulatory requirements have been extended through 2007 (62 FR 67755,
December 30, 1997; 63 FR 69024, December 15, 1998; 65 FR 80381,
December 21, 2000; and 67 FR 72595, December 6, 2002). A proposed rule
that would extend regulations implementing the Observer Program
indefinitely was published on February 22, 2007 (72 FR 7948).
The Observer Program provides the regulatory framework for the
collection of data by observers to obtain information necessary for the
conservation and management of the groundfish fisheries managed under
the FMPs. Regulations implementing the Observer Program at Sec. 679.50
require observer coverage aboard catcher vessels, catcher/processors,
motherships, and shoreside and stationary floating processors that
participate in the groundfish fisheries off Alaska, as well as
establish vessel, processor, and observer provider responsibilities
relating to the Observer Program.
Timely electronic communication of catch reports submitted to NMFS
by industry and observers is crucial for groundfish quota and
prohibited species catch allowance monitoring. In July 1995, NMFS
issued a final rule (60 FR 34904, July 5, 1995) that required computer
hardware and software that enabled observers to send NMFS electronic
data on all catcher/processors, motherships, and shoreside processors
that process groundfish. In October 2003, a final rule was published
(68 FR 58038, October 8, 2003) that extended these requirements to all
catcher vessels that are required to carry an observer at all times
during fishing operations. In April 2006, a final rule (71 FR 20346,
April 20, 2006) was issued that, in part, revised hardware requirements
to allow software upgrades installation. These rulemakings referred to
the electronic data submission and communications system as ``Atlas.''
Regulations describing hardware and software requirements for
electronic submission of observer reports on all catcher/processors,
motherships, catcher vessels required to carry an observer at all
times, and from shoreside and stationary floating processors are found
at Sec. 679.50(g)(1) and (g)(2). This electronic data submission and
communications system is now called the ``observer communications
system (OCS).'' The OCS is comprised of computers and communications
equipment supplied by catcher vessels, catcher/processors, motherships,
and shoreside and stationary floating processors, as well as custom
software provided by NMFS. The OCS allows observers to rapidly process
and report the data they collect to NMFS. Its use on catcher vessels,
catcher/processors, motherships, and shoreside and stationary floating
processors has enhanced timely and accurate fisheries data reporting.
Regulations at Sec. 679.50(g)(1) and (g)(2) require each OCS-use
computer to meet processing chip, memory, operating system, disk
drives, and modem minimum specifications. Since its implementation, OCS
requirements have been periodically revised through proposed and final
rulemaking to require necessary upgrades as commercially available
software became obsolete or unsupported by its manufacturer, or as NMFS
upgraded the OCS software component to increase data quality and
efficiency.
Rather than propose necessary hardware and software component
upgrades to support new OCS software, NMFS proposes to remove these
specific requirements. NMFS proposes to require that each catcher
vessel, catcher/processor, mothership, and shoreside and stationary
floating processor already subject to OCS requirements provide hardware
and software that is fully functional and operational with the NMFS-
supplied software. The term ``functional'' would mean that all the
tasks and components of the NMFS supplied software and data
transmissions to NMFS could be executed effectively by the computer
equipment. NMFS would no longer revise OCS hardware and software
requirements through rulemaking. As changes to the software component
of the OCS become necessary to support electronic communications of
observer data, Observer Program staff would communicate in writing with
vessel and plant personnel to describe those changes. Catcher vessels,
catcher/processors, motherships, and shoreside or stationary floating
processors subject to OCS requirements would be required to ensure
their computer hardware and software components continued to meet the
functionality and operational requirements.
Observer Program staff are currently upgrading the OCS software
component. One reason for the upgrade is that the commercial database
software used to store observer-collected information and interface
with the OCS software is no longer supported by the manufacturer. The
new OCS software should increase overall data quality by increasing the
functionality and efficiency of the OCS, and interface with new,
supported commercial database software. The new OCS software is
expected to be available for installation for the 2008 fishing year. If
this proposed regulation is adopted, catcher vessels, catcher/
processors, motherships, and shoreside or stationary floating
processors must ensure the OCS computer meets the minimum
specifications necessary for the software to execute all of its tasks,
including communication with NMFS computers to transmit data for the
2008 fishing year.
Changes to OCS Regulations
Presently, Sec. 679.50(g)(1)(iii)(B)(1) and (g)(2)(iii)(B)(1)
describe the minimum hardware and software requirements for the
computer provided for an observer's use. This action proposes to remove
these requirements except that the computer would still be required to
be connected to a communication device that provides a point-to-point
modem NMFS host computer connection.
Proposed regulations at Sec. 679.50(g)(1)(iii)(B)(2) and
(g)(2)(iii)(B)(2) would require catcher vessel, catcher/processor,
mothership, and shoreside or stationary floating processor operators to
install the most recent NMFS-provided OCS software version or other
NMFS-approved, commercially available software. While no commercially
available software has been approved at this time, NMFS would consider
approving commercially available software in the future.
Regulations at Sec. 679.50(g)(1)(iii)(C) and (g)(2)(iii)(C)
currently require all OCS hardware to be fully functional and
operational. According to these regulations, ``functional'' means that
the hardware can initiate and transmit data to NMFS. Under this action,
``functional'' would be defined so that all of the NMFS-supplied, or
other approved, software's tasks and components must also be fully
functional and operational on the computer equipment. Additionally,
NMFS proposes to redesignate these paragraphs as Sec.
679.50(g)(1)(iii)(B)(3) and (g)(2)(iii)(B)(3), respectively, to clarify
that both software and hardware OCS components must be functional.
The revisions described above are necessary to accommodate the
larger, more sophisticated software and database programs provided, or
other approved, by NMFS.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA) as
required by
[[Page 14766]]
section 603 of the Regulatory Flexibility Act. The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities. An action description, why it is being considered, and the
legal basis for this action are contained at the beginning of the
preamble and in the SUMMARY section of the preamble. An IRFA copy is
available from NMFS (see ADDRESSES) and is not repeated here. An
analysis summary follows.
This proposed rule would require vessels and shoreside or
stationary floating processors to meet current technology standards
necessary to support OCS software changes as they occur. Entities
subject to OCS requirements include all motherships, catcher/
processors, shoreside or stationary floating processors and catcher
vessels required to carry an observer at all times. These proposed
actions would revise requirements for the facilitation of observer data
transmission and improve support for observers.
All motherships have gross revenues in excess of $4 million and are
considered large entities. Data available for 2005 indicate that 17 of
the 83 catcher/processors active in the groundfish fisheries that year
would be considered small entities. Confidentiality restrictions
require NMFS to report gross revenue information in aggregate of four
or more entities. These restrictions prevent NMFS from reporting the
number of catcher vessels and shoreside or stationary floating
processors regulated under this proposed action as small entities
because each group is no larger than four.
Alternative 1 described in the EA/RIR/IRFA is the status quo
alternative. Current regulations regarding computing and communications
equipment would remain in effect.
Alternative 2 would remove current hardware and software
specifications for all vessels and shoreside or stationary floating
processors currently subject to OCS requirements, and instead require
them to ensure the computer provided for use by an observer meets the
minimum specifications necessary for the NMFS-provided OCS software to
execute all of its tasks, including communicate with NMFS computers to
transmit data.
Alternative 3 would revise current regulations to upgrade minimum
hardware and software specifications for all vessels and shoreside or
stationary floating processors currently subject to OCS requirements.
Future changes to OCS software that would require hardware and software
upgrades would require additional rulemaking.
Upgrade costs to accommodate anticipated changes to OCS software
are estimated to average $93 for all catcher/processors, $200 for all
motherships, $315 for all shoreside and stationary floating processors,
and $438 for all catcher vessels required to carry an observer at all
times under the proposed action. For the 17 catcher/processors
considered small entities, the cost is estimated at about 0.004 percent
of one year's gross revenues. As noted above, NMFS is unable to report
gross revenues for catcher vessels and shoreside or stationary floating
processors considered small entities under this action. Therefore, OCS
upgrade costs cannot be reported as a percentage of gross revenues for
these entities.
No additional recordkeeping, reporting, or compliance requirements
are associated with this action.
The analysis did not reveal any Federal rules that duplicate,
overlap, or conflict with the proposed action.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: March 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
1. The authority citation for part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.;
Pub. L. 108-199, 118 Stat. 110.
2. In Sec. 679.50, paragraph (g)(1)(iii)(C) is redesignated as
paragraph (g)(1)(iii)(B)(3) and revised; paragraph (g)(2)(iii)(C) is
redesignated as paragraph (g)(2)(iii)(B)(3) and revised; and paragraphs
(g)(1)(iii)(B)(1) and (2), and (g)(2)(iii)(B)(1) and (2) are revised to
read as follows:
Sec. 679.50 Groundfish Observer Program applicable through December
31, 2007.
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer. Making a computer available for
use by the observer. This computer must be connected to a communication
device that provides a point-to-point connection to the NMFS host
computer.
(2) NMFS-supplied software. Ensuring that the catcher/processor,
mothership, or catcher vessel specified in paragraph (g)(1) of this
section has installed the most recent release of NMFS data entry
software provided by the Regional Administrator, or other approved
software.
(3) Functional and operational equipment. Ensuring that the
communication equipment required in paragraph (g)(1)(iii)(B) of this
section and that is used by observers to enter and transmit data, is
fully functional and operational. ``Functional'' means that all the
tasks and components of the NMFS supplied, or other approved, software
described at paragraph (g)(1)(iii)(B)(2) of this section and the data
transmissions to NMFS can be executed effectively aboard the vessel by
the communications equipment.
* * * * *
(2) * * *
(iii) * * *
(B) * * *
(1) Observer access to computer. Making a computer available for
use by the observer. This computer must be connected to a communication
device that provides a point-to-point connection to the NMFS host
computer.
(2) NMFS-supplied software. Ensuring that the shoreside or
stationary floating processor specified in paragraph (g)(2) of this
section has installed the most recent release of NMFS data entry
software provided by the Regional Administrator, or other approved
software.
(3) Functional and operational equipment. Ensuring that the
communication equipment required in paragraph (g)(2)(iii)(B) of this
section and that is used by observers to enter and transmit data, is
fully functional and operational. ``Functional'' means that all the
tasks and components of the NMFS supplied, or other approved, software
described at paragraph (g)(2)(iii)(B)(2) of this section and the data
transmissions to NMFS can be executed effectively aboard the vessel by
the communications equipment.
* * * * *
[FR Doc. E7-5826 Filed 3-28-07; 8:45 am]
BILLING CODE 3510-22-S
