Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales, 74003-74004 [E8-28874]
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Dated: December 2, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–28872 Filed 12–4–08; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
[Docket No. 0811251525–81526–01]
RIN 0648–AS36
Endangered Fish and Wildlife; Final
Rule To Implement Speed Restrictions
To Reduce the Threat of Ship
Collisions With North Atlantic Right
Whales
dwashington3 on PROD1PC60 with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; OMB approval of
collection-of-information requirements.
SUMMARY: NMFS announces approval by
the Office of Management and Budget
(OMB) of collection-of-information
requirements contained in regulations
implementing speed restrictions to
reduce the incidence and severity of
ship collisions with North Atlantic right
whales.
DATES: Effective December 9, 2008.
VerDate Aug<31>2005
14:57 Dec 04, 2008
Jkt 217001
ADDRESSES: Written comments
regarding burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
NMFS, Office of Protected Resources,
1315 East-West Highway, Silver Spring,
MD 20910.
FOR FURTHER INFORMATION CONTACT:
Gregory Silber, Ph.D., or Shannon
Bettridge, Ph.D., Fishery Biologists,
Office of Protected Resources, NMFS, at
(301) 713–2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
also accessible at the Web site of the
Office of the Federal Register: https://
www.gpoaccess.gov/fr/.
Background
On October 10, 2008, NMFS
published a final rule implementing
speed restrictions to reduce the
incidence and severity of ship collisions
with North Atlantic right whales (73 FR
60173). That final rule contained a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA) that had not yet been approved by
OMB. Specifically, 50 CFR 224.105(c)
requires a logbook entry to document
that a deviation from the 10-knot speed
limit was necessary for safe
maneuverability under certain
conditions.
On October 30, 2008, OMB approved
the collection-of-information
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
requirements contained in the October
10, 2008, final rule. NMFS announces
that the collection-of-information
requirements are approved under
Control Number 0648–0580, with an
expiration date of April 30, 2009.
List of Subjects in 15 CFR Part 902
Reporting and recordkeeping
requirements.
Dated: December 1, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
15 CFR part 902 is amended as follows:
■
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:
■
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, the table in paragraph (b)
under ‘‘50 CFR’’ is amended by adding
a new entry in numerical order to read
as follows:
■
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
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74004
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
CFR part or section where
the information collection
requirement is located
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50 CFR
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Current OMB
control number
(All numbers
begin with
0648–)
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224.105(c) .........................
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–0580
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[FR Doc. E8–28874 Filed 12–4–08; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 293
RIN 1076–AE99
Class III Tribal State Gaming Compact
Process
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Final rule.
dwashington3 on PROD1PC60 with RULES
SUMMARY: This rule establishes
procedures for Indian tribes and States
to submit Tribal-State compacts and
compact amendments, governing the
conduct of class III gaming activities on
the tribe’s Indian lands located within
that State, for review and approval by
the Secretary of the Interior.
DATES: This rule is effective on January
5, 2009.
FOR FURTHER INFORMATION CONTACT:
Paula Hart, Acting Director, Office of
Indian Gaming, 1849 C Street, NW.,
Mail Stop 3657–MIB, Washington, DC
20240; Telephone: (202) 219–4066.
SUPPLEMENTARY INFORMATION:
I. Authority
II. Background
III. Discussion of Comments Received on
Proposed Rule
A. General Comments
B. Section 293.2 How are key terms
defined in this part?
C. Section 293.3 What is a compact?
D. Section 293.4 What authority does the
Secretary have to approve or disapprove
compacts and amendments?
E. Section 293.5 When should the Indian
tribe or State submit a compact or a
compact amendment for review and
approval?
F. Section 293.6 Are technical
amendments subject to review and
approval?
G. Section 293.7 Are extensions of
compacts and amendments subject to
review and approval?
H. Section 293.8 Who can submit a
compact or amendment?
VerDate Aug<31>2005
14:57 Dec 04, 2008
Jkt 217001
I. Section 293.9 What documents must be
submitted with a compact or
amendment?
J. Section 293.10 Where should a
compact or amendment be submitted for
review and approval?
K. Section 293.11 How long will the
Secretary take to review a compact or
amendment?
L. Section 293.12 When will the 45-day
timeline be triggered?
M. Section 293.13 What happens if the
Secretary does not act on the compact or
amendment within the 45-day review
period?
N. Section 293.14 Who can withdraw a
compact or amendment after it has been
received by the Secretary?
O. Section 293.15 When may the
Secretary disapprove a compact or
amendment?
P. Section 293.16 When does an
approved or considered-to-have-beenapproved compact or amendment take
effect?
IV. Changes to Proposed Rule
V. Procedural Requirements
A. Regulatory Planning and Review
(Executive Order 12866)
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act (SBREFA)
D. Unfunded Mandates Act
E. Takings Implication Assessment
(Executive Order 12630)
F. Federalism (Executive Order 13132)
G. Civil Justice Reform (Executive Order
12988)
H. National Environmental Policy Act
I. Paperwork Reduction Act
J. Consultation and Coordination With
Indian Tribal Governments (Executive
Order 13175)
K. Effects on the Nation’s Energy Supply
(Executive Order 13211)
L. Information Quality Act
I. Authority
The authority to issue this document
is vested in the Secretary of the Interior
by 5 U.S.C. 301 and 25 U.S.C. 2, 9, and
2710. The Secretary has delegated this
authority to the Assistant Secretary—
Indian Affairs by part 209 of the
Departmental Manual.
II. Background
The Indian Gaming Regulatory Act
(IGRA), 25 U.S.C. 2701–2721, was
signed into law on October 17, 1988.
IGRA authorizes class III gaming
activities on Indian lands when
authorized by an approved ordinance,
located in a State that permits such
gaming and conducted in conformance
with a Tribal-State compact. See 25
U.S.C. 2710. The Indian tribe and State
must submit each compact and compact
amendment to the Secretary for
approval or disapproval. See 25 U.S.C.
2710(d)(8)(A), (B) and (C).
On July 2, 2008, the Bureau of Indian
Affairs (BIA) published a proposed rule
PO 00000
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Fmt 4700
Sfmt 4700
establishing the procedures for
submitting Tribal-State compacts and
compact amendments to the Secretary
for approval. See 73 FR 37907. The
original comment period ended on
September 2, 2008. BIA extended the
comment period until September 22,
2008. See 73 FR 51255 (September 2,
2008).
III. Discussion of Comments Received
on Proposed Rule
During the public comment period,
the Department received a total of 15
comments from Indian tribes, individual
commenters, States, State associations,
and non-profit organizations. The
following discussion provides a
summary of general and section-specific
comments, and the Department’s
responses to those comments. The
section-specific comments below are
organized according to the sections
listed in the proposed rule.
A. General Comments
One comment commended the
Secretary for publishing these
regulations.
One comment requested that the rule
require the surrounding communities to
approve compacts or amendments
before they may become effective.
Response: This recommendation was
not adopted because the Secretary does
not have the authority to require such
approval by surrounding communities.
Publication in the Federal Register
serves as notice to the public, including
surrounding communities, before
compacts or amendments become
effective. See section 293.15 of the final
rule. Each State’s compact approval
process is a matter of State law and
governs whether surrounding
communities can provide input.
One comment suggested that
throughout the rule we add
‘‘substantive’’ in every instance we used
the word ‘‘amendment.’’
Response: This comment applied to
the proposed rule because the proposed
rule subjected only substantive
comments to Secretarial review and
approval. The final rule subjects all
amendments, whether substantive or
technical, to Secretarial review and
approval; therefore, the comment
requesting that we specify that
amendments refer to substantive
amendments only is no longer
applicable.
One comment suggested adding
language to clarify the Department’s
position on ‘‘Indian lands.’’
Response: This regulation addresses
the process for submission by tribes and
States and consideration by the
Secretary of Class III Tribal-State
E:\FR\FM\05DER1.SGM
05DER1
Agencies
[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Rules and Regulations]
[Pages 74003-74004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28874]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
[Docket No. 0811251525-81526-01]
RIN 0648-AS36
Endangered Fish and Wildlife; Final Rule To Implement Speed
Restrictions To Reduce the Threat of Ship Collisions With North
Atlantic Right Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; OMB approval of collection-of-information
requirements.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval by the Office of Management and Budget
(OMB) of collection-of-information requirements contained in
regulations implementing speed restrictions to reduce the incidence and
severity of ship collisions with North Atlantic right whales.
DATES: Effective December 9, 2008.
ADDRESSES: Written comments regarding burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS, Office of Protected Resources,
1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., or Shannon
Bettridge, Ph.D., Fishery Biologists, Office of Protected Resources,
NMFS, at (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is also accessible at the Web site
of the Office of the Federal Register: https://www.gpoaccess.gov/fr/
index.html.
Background
On October 10, 2008, NMFS published a final rule implementing speed
restrictions to reduce the incidence and severity of ship collisions
with North Atlantic right whales (73 FR 60173). That final rule
contained a collection-of-information requirement subject to the
Paperwork Reduction Act (PRA) that had not yet been approved by OMB.
Specifically, 50 CFR 224.105(c) requires a logbook entry to document
that a deviation from the 10-knot speed limit was necessary for safe
maneuverability under certain conditions.
On October 30, 2008, OMB approved the collection-of-information
requirements contained in the October 10, 2008, final rule. NMFS
announces that the collection-of-information requirements are approved
under Control Number 0648-0580, with an expiration date of April 30,
2009.
List of Subjects in 15 CFR Part 902
Reporting and recordkeeping requirements.
Dated: December 1, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons stated in the preamble, 15 CFR part 902 is amended as
follows:
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 a new entry in numerical order to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
[[Page 74004]]
------------------------------------------------------------------------
Current OMB
control number
CFR part or section where the information collection (All numbers
requirement is located begin with 0648-
)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
224.105(c)............................................ -0580
* * * * *
------------------------------------------------------------------------
[FR Doc. E8-28874 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-22-P