Fisheries Off West Coast States; Highly Migratory Species Fisheries, 19453-19454 [E7-7381]

Download as PDF Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules Dwelling Units 32. MDU Operators. The SBA has developed definitions of small entities for operators of nonresidential buildings, apartment buildings, and dwellings other than apartment buildings, which include all such companies generating $6 million or less in revenue annually. According to the Census Bureau, there were 31,584 operators of nonresidential buildings generating less than $6 million in revenue that were in operation for at least one year at the end of 1997. Also according to the Census Bureau, there were 51,275 operators of apartment dwellings generating less than $6 million in revenue that were in operation for at least one year at the end of 1997. The Census Bureau provides no separate data regarding operators of dwellings other than apartment buildings, and we are unable at this time to estimate the number of such operators that would qualify as small entities. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements 33. We anticipate that any rules that result from this action would have at most a de minimis compliance burden on cable operators and telecommunications service entities. Any rules that might be adopted pursuant to this NPRM likely would not require any reporting or recordkeeping requirements. rmajette on PROD1PC67 with PROPOSALS Steps Taken To Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered 34. The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): ‘‘(1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.’’ 35. As discussed in the NPRM, the Commission has initiated this proceeding to ensure that use of exclusive contracts for the provision of video services to MDUs and other real estate developments are procompetitive. As noted above, applying VerDate Aug<31>2005 15:14 Apr 17, 2007 Jkt 211001 any rules regarding the use of exclusive contracts in the provision of video services to MDUs or other real estate developments likely would have at most a de minimis impact on small governmental jurisdictions. We seek comment on the impact that any rules might have on such small governmental entities, as well as the other small entities described, and on what effect alternative rules would have on those entities. For instance, should a definition of ‘‘market power,’’ if such a definition is appropriate, make reference to small entities? We also invite comment on ways in which the Commission might impose restrictions on the use of exclusive contracts for the provision of video services while at the same time imposing lesser burdens on small entities. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules 36. None. V. Ordering Clauses 37. Accordingly, it is ordered that, pursuant to Sections 1, 4(i), 303(r), 623 and 628(b) of the Communications Act of 1934, as amended, and Section 706 of the Telecommunications Act of 1996, 47 U.S.C. 151, 154(i), 303(r), 543, 548(b) and 157, this Notice of Proposed Rulemaking is hereby adopted. 38. It is further ordered that the Consumer and Governmental Affairs Bureau, Reference Information Center, SHALL SEND a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–7254 Filed 4–17–07; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 070402075–7075–01; I.D. 022807F] RIN 0648–AU73 Fisheries Off West Coast States; Highly Migratory Species Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 19453 Proposed rule; request for comments. ACTION: SUMMARY: NMFS issues a proposed rule to amend vessel identification regulations of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The current regulatory text requires all commercial fishing vessels and recreational charter vessels to display their official numbers on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck (horizontal or flat surface) so as to be visible from enforcement vessels and aircraft. The proposed rule would amend the regulatory text to provide an exemption to HMS recreational charter vessels in complying with the vessel identification requirements. The regulation is necessary to clarify that vessel identification requirements apply to HMS commercial fishing vessels and not to HMS recreational charter vessels. DATES: Comments must be received by May 18, 2007. ADDRESSES: You may submit comments on this proposed rule, I.D. 022807F, by any of the following methods: • E-mail: 0648–AU73.SWR@noaa.gov. Include the I.D. number in the subject line of the message. • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail: Rodney R. McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213. • Fax: (562) 980 4047. FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries Division, NMFS, 760–431–9440, ext. 303. On April 7, 2004, NMFS published a final rule to implement the HMS FMP (69 FR 18444) that included regulatory text in 50 CFR 660.704 requiring display of vessel identification markings for commercial fishing vessels and recreational charter fishing vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. The identification markings are consistent in size, shape, and location with vessel identification markings required on commercial fishing vessels operating under the Pacific Fishery Management Council’s (Council) Groundfish Fishery Management Plan. The marking requirements at 50 CFR 660.704(b) state that the official number must be affixed to each vessel in block Arabic numerals at least 10 inches (25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in SUPPLEMENTARY INFORMATION: E:\FR\FM\18APP1.SGM 18APP1 19454 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules rmajette on PROD1PC67 with PROPOSALS length; and 18 inches (45.72 cm)in height for vessels longer than 65 ft (19.81 m) in length. Markings must be legible and of a color that contrasts with the background. As discussed during the HMS FMP Plan Development phase, the Council’s intent in recommending the current requirement, was to address marking for identification purposes on HMS commercial fishing vessels, not recreational charter vessels. Our intent in promulgating the rule was to exempt recreational charter vessels from the marking requirements, similar to exemptions granted under the Council’s Groundfish FMP. The current inclusion of HMS recreational charter vessels as part of the vessel identification requirements in the HMS FMP is not consistent with how vessel marking requirements are applied in the Groundfish FMP. The Council recommended to NMFS that meeting this requirement was not necessary as the HMS recreational charter vessels were already adequately marked, under existing state and U.S. Coast Guard regulations, so as to be identified by enforcement assets from both air and sea. In addition to being unnecessary for enforcement purposes, compliance with the current marking requirement would detract from the aesthetics of the charter vessels and degrade the ‘‘attraction factor’’ for future clients. Classification NMFS has determined that the proposed rule is consistent with the HMS FMP and preliminarily determined that this proposed rule is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. Approximately 327 vessels were permitted under the HMS FMP to operate in the HMS recreational charter fishery off the U.S. West Coast in 2006. This proposed rule would exclude owners of HMS permitted recreational charter vessels from the vessel identification regulations at 50 CFR 660.704. The cost of maintaining/ applying the identification numbers is approximately one and one-half hours of labor and the cost of approximately 3 gallons of marine paint, or about $20. All vessels affected by this rule are VerDate Aug<31>2005 15:14 Apr 17, 2007 Jkt 211001 considered small business entities; the rule should not only have no adverse economic impact to them, but should have a direct positive impact to them (i.e., it simply would relieve a burden). List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: April 13, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is proposed to be amended as follows: PART 660—FISHERIES OFF THE WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. Section 660.704 is revised to read as follows: § 660.704 Vessel identification. (a) General. This section only applies to commercial fishing vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. This section does not apply to recreational charter vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. (b) Official number. Each fishing vessel subject to this section must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be visible from enforcement vessels and aircraft. (c) Numerals. The official number must be affixed to each vessel subject to this section in block Arabic numerals at least 10 inches (25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm)in height for vessels longer than 65 ft (19.81 m) in length. Markings must be legible and of a color that contrasts with the background. [FR Doc. E7–7381 Filed 4–17–07; 8:45 am] BILLING CODE 3510–22–S PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070322067–7067–01; I.D. 031407A] RIN 0648–AU03 Fisheries of the Exclusive Economic Zone Off Alaska; Prohibited Species Bycatch Management National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: SUMMARY: NMFS proposes to amend regulations governing salmon bycatch in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to enhance the effectiveness of salmon bycatch measures by (1) exempting pollock vessels from Chinook and chum salmon savings area closures if they participate in an intercooperative agreement (ICA) to reduce salmon bycatch, and (2) exempting vessels participating in non-pollock trawl fisheries from chum salmon savings area closures because these fisheries intercept minimal amounts of salmon. The proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Written comments must be received by June 4, 2007. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian, Records Officer. Comments may be submitted by any of the following methods: • E-mail: 0648–au03–BSA84–APR@noaa.gov. Include in the subject line the following identifier: BS salmon proposed rule. E-mail comments, with or without attachments, are limited to 5 megabytes; • Federal e-Rulemaking Portal: http:www.regulations.gov; • Mail to P.O. Box 21668, Juneau, AK 99802; • Fax: to (907) 586–7557; or • Hand Delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, AK. Copies of the Environmental Assessment/Regulatory Impact Review/ Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) prepared for this action DATES: E:\FR\FM\18APP1.SGM 18APP1

Agencies

[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19453-19454]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7381]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070402075-7075-01; I.D. 022807F]
RIN 0648-AU73


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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 vessel identification 
regulations of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP). The current 
regulatory text requires all commercial fishing vessels and 
recreational charter vessels to display their official numbers on the 
port and starboard sides of the deckhouse or hull, and on an 
appropriate weather deck (horizontal or flat surface) so as to be 
visible from enforcement vessels and aircraft. The proposed rule would 
amend the regulatory text to provide an exemption to HMS recreational 
charter vessels in complying with the vessel identification 
requirements. The regulation is necessary to clarify that vessel 
identification requirements apply to HMS commercial fishing vessels and 
not to HMS recreational charter vessels.

DATES: Comments must be received by May 18, 2007.

ADDRESSES: You may submit comments on this proposed rule, I.D. 022807F, 
by any of the following methods:
     E-mail: 0648-AU73.SWR@noaa.gov. Include the I.D. number in 
the subject line of the message.
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 
4213.
     Fax: (562) 980 4047.

FOR FURTHER INFORMATION CONTACT:  Craig Heberer, Sustainable Fisheries 
Division, NMFS, 760-431-9440, ext. 303.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444) that included regulatory 
text in 50 CFR 660.704 requiring display of vessel identification 
markings for commercial fishing vessels and recreational charter 
fishing vessels that fish for HMS off or land HMS in the States of 
California, Oregon, and Washington. The identification markings are 
consistent in size, shape, and location with vessel identification 
markings required on commercial fishing vessels operating under the 
Pacific Fishery Management Council's (Council) Groundfish Fishery 
Management Plan. The marking requirements at 50 CFR 660.704(b) state 
that the official number must be affixed to each vessel in block Arabic 
numerals at least 10 inches (25.40 cm) in height for vessels more than 
25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in

[[Page 19454]]

length; and 18 inches (45.72 cm)in height for vessels longer than 65 ft 
(19.81 m) in length. Markings must be legible and of a color that 
contrasts with the background.
    As discussed during the HMS FMP Plan Development phase, the 
Council's intent in recommending the current requirement, was to 
address marking for identification purposes on HMS commercial fishing 
vessels, not recreational charter vessels. Our intent in promulgating 
the rule was to exempt recreational charter vessels from the marking 
requirements, similar to exemptions granted under the Council's 
Groundfish FMP. The current inclusion of HMS recreational charter 
vessels as part of the vessel identification requirements in the HMS 
FMP is not consistent with how vessel marking requirements are applied 
in the Groundfish FMP. The Council recommended to NMFS that meeting 
this requirement was not necessary as the HMS recreational charter 
vessels were already adequately marked, under existing state and U.S. 
Coast Guard regulations, so as to be identified by enforcement assets 
from both air and sea. In addition to being unnecessary for enforcement 
purposes, compliance with the current marking requirement would detract 
from the aesthetics of the charter vessels and degrade the ``attraction 
factor'' for future clients.

Classification

    NMFS has determined that the proposed rule is consistent with the 
HMS FMP and preliminarily determined that this proposed rule is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
Approximately 327 vessels were permitted under the HMS FMP to operate 
in the HMS recreational charter fishery off the U.S. West Coast in 
2006. This proposed rule would exclude owners of HMS permitted 
recreational charter vessels from the vessel identification regulations 
at 50 CFR 660.704. The cost of maintaining/applying the identification 
numbers is approximately one and one-half hours of labor and the cost 
of approximately 3 gallons of marine paint, or about $20. All vessels 
affected by this rule are considered small business entities; the rule 
should not only have no adverse economic impact to them, but should 
have a direct positive impact to them (i.e., it simply would relieve a 
burden).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 13, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF THE WEST COAST STATES

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. Section 660.704 is revised to read as follows:


Sec.  660.704  Vessel identification.

    (a) General. This section only applies to commercial fishing 
vessels that fish for HMS off or land HMS in the States of California, 
Oregon, and Washington. This section does not apply to recreational 
charter vessels that fish for HMS off or land HMS in the States of 
California, Oregon, and Washington.
    (b) Official number. Each fishing vessel subject to this section 
must display its official number on the port and starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft.
    (c) Numerals. The official number must be affixed to each vessel 
subject to this section in block Arabic numerals at least 10 inches 
(25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to 
or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm)in 
height for vessels longer than 65 ft (19.81 m) in length. Markings must 
be legible and of a color that contrasts with the background.
[FR Doc. E7-7381 Filed 4-17-07; 8:45 am]
BILLING CODE 3510-22-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.