Fisheries of the Northeastern United States; Reporting Requirement for Midwater Trawl Vessels Fishing in Closed Area I, 5498-5499 [2010-2291]
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5498
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking and Directives Branch,
Division of Administrative Services, Office
of Administration.
[FR Doc. 2010–2283 Filed 2–2–10; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 0907281181–0040–03]
RIN 0648–AX93
Fisheries of the Northeastern United
States; Reporting Requirement for
Midwater Trawl Vessels Fishing in
Closed Area I
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; effectiveness of a
collection-of-information requirement.
SUMMARY: NMFS announces approval by
the Office of Management and Budget
(OMB) of a collection-of-information
requirement contained in Northeast
(NE) Multispecies regulations for
midwater trawl herring vessels that fish
in groundfish Closed Area I (CA I). The
intent of this final rule is to implement
these additional reporting requirements.
DATES: This rule is effective March 5,
2010. The amendments to 50 CFR
648.14(r)(2)(vii) and 648.80(d)(7)(iii)(B),
published in the Federal Register on
November 2, 2009 (74 FR 56562), will
become effective on March 5, 2010.
ADDRESSES: Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to the
Regional Administrator, NMFS
Northeast Region, 55 Great Republic
Drive, Gloucester, MA 01930 and by email to DavidlRostker@omb.eop.gov,
or fax to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION: A final
rule implementing modifications to the
Gulf of Maine/Georges Bank (GOM/GB)
Herring Midwater Trawl Gear Letter of
Authorization (LOA) published in the
Federal Register on November 2, 2009
(74 FR 56562). The measures contained
VerDate Nov<24>2008
14:52 Feb 02, 2010
Jkt 220001
in the rule were effective upon
publication, with the exception of new
requirements for vessel operators to
complete and submit a CA I Midwater
Trawl Released Codend Affidavit.
Because OMB approval of the CA I
Midwater Trawl Released Codend
Affidavit had not been received by the
date the final rule was published, NMFS
delayed the effective date of the
associated reporting requirements.
These reporting requirements were
detailed in the proposed rule
(September 4, 2009; 74 FR 45798), with
public comment accepted through
September 27, 2009. All comments
received on the proposed measures were
addressed in the November 2, 2009,
final rule and are not repeated here.
On January 4, 2010, OMB approved,
without change, the collection-ofinformation contained in the CA I
Midwater Trawl Released Codend
Affidavit. Accordingly, effective March
5, 2010, if a vessel issued an All Areas
and/or an Areas 2 and 3 Limited Access
Herring Permit releases a net in CA I
before the fish can be sampled by the
observer, the vessel operator must
complete and sign a CA I Midwater
Trawl Released Codend Affidavit, as
specified in §§ 648.14(r)(2)(vii) and
648.80(d)(7)(iii)(B). The CA I Midwater
Trawl Released Codend Affidavit form
includes details of where, when, and
why the net was released as well as a
good-faith estimate of both the total
weight of fish caught on that tow and
the weight of fish released (if the tow
had been partially pumped). The
completed affidavit form must be
submitted to NMFS within 48 hr of the
completion of the trip.
Under NOAA Administrative Order
205–11, 7.01, dated December 17, 1990,
the Under Secretary of Oceans and
Atmosphere has delegated to the
Assistant Administrator for Fisheries,
NOAA, the authority to sign material for
publication in the Federal Register.
Classification
There is good cause under 5 U.S.C.
§ 553(b)(B) to waive prior notice and an
opportunity for public comment on this
action, as notice and comment would be
unnecessary and contrary to the public
interest. This reporting requirement was
detailed in the September 4, 2009,
proposed rule, with public comments
accepted through September 27, 2009.
This reporting requirement was also
detailed in the November 2, 2009, final
rule, which also explained that
implementation of the requirement was
delayed pending OMB approval of the
form. Therefore, the public has
previously been provided with notice of
this measure and opportunity to
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
comment. Providing additional notice
and comment would further delay the
collection of bycatch discard
information. The time required for
additional notice and public comment
would likely delay the implementation
of this reporting requirement past the
period in early spring when midwater
trawl vessels have historically fished in
Closed Area I. If this reporting
requirement were not in place by that
time, valuable information on bycatch
discard would not be collected. The
New England Fishery Management
Council has expressed an interest in
using data collected under this program
in the current development of
Amendment 5 to the FMP.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule contains a new
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA). The new collection-ofinformation requirement pertaining to
the CA I Midwater Trawl Released
Codend Affidavit has been approved by
OMB under OMB control number 0648–
0602. Public reporting burden for these
requirements is estimated to average 5
min per response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information.
Send comments regarding these
burden estimates or any other aspect of
this data collection, including
suggestions for reducing the burden, to
NMFS at the ADDRESSES above, 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 15 CFR Part 902
Reporting and recordkeeping
requirements.
Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 15 CFR part 902 is amended
as follows:
■
E:\FR\FM\03FER1.SGM
03FER1
Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations
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 revising
the existing entries for §§ 648.14 and
648.80 to read as follows:
■
§ 902.1 OMB control number 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
*
*
*
*
648.14
*
*
*
*
–0202, –0212,–
0469,–0489, –0501,
–0502, and –0602
*
648.80
*
*
*
*
–0202, –0422, –0489,
–0521, and –0602
*
*
*
*
*
*
[FR Doc. 2010–2291 Filed 2–2–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
20 CFR Part 10
RIN 1215–AB66
Claims for Compensation; Death
Gratuity Under the Federal Employees’
Compensation Act
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Office of Workers’
Compensation Programs, Labor.
ACTION: Final rule.
SUMMARY: On August 18, 2009, the
Department of Labor (DOL) published
an interim final rule in order to
administer the death gratuity created by
section 1105 of the National Defense
Authorization Act for Fiscal Year 2008,
Public Law 110–181. Section 1105
provides a death gratuity payment to
eligible survivors of federal employees
and non-appropriated fund
instrumentality employees (NAFI
employees) who die of injuries incurred
in connection with service with an
VerDate Nov<24>2008
14:52 Feb 02, 2010
Jkt 220001
Armed Force in a contingency
operation.
Section 1105 amended the Federal
Employees’ Compensation Act (FECA)
to add a new section, designated as
section 8102a. The Secretary of Labor
has the authority to administer and to
decide all questions arising under
FECA. 5 U.S.C. 8145. FECA authorizes
the Secretary to prescribe rules and
regulations necessary for the
administration and enforcement of the
Act. 5 U.S.C. 8149. The Secretary has
delegated the authority provided by 5
U.S.C. 8145 and 8149 to the Director of
the Office of Workers’ Compensation
Programs (OWCP), who is responsible
for the administration and
implementation of FECA. 20 CFR 1.1.
Thus OWCP will administer the
adjudication of claims and the payment
of the death gratuity under new section
8102a.
At the same time the DOL published
the interim final rule, it also invited
written comments and advice from
interested parties regarding possible
changes to those regulations. This
document amends the interim final rule
based on the single comment received
by the DOL.
DATES: Effective Date: This final rule is
effective on April 5, 2010. Applicability
dates: This final rule will apply to all
claims filed on or after April 5, 2010.
This rule will also apply to any claims
that are pending on April 5, 2010.
FOR FURTHER INFORMATION CONTACT:
Shelby Hallmark, Director, Office of
Workers’ Compensation Programs, U.S.
Department of Labor, Room S–3524, 200
Constitution Avenue, NW., Washington,
DC 20210, Telephone: 202–693–0031
(this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The
Department of Labor’s (DOL) interim
final rule governing the administration
of the death gratuity created by section
1105 of the National Defense
Authorization Act for Fiscal Year 2008,
Public Law 110–181, by the DOL was
published in the Federal Register on
August 18, 2009 (74 FR 41617). The rule
took effect immediately and included a
60-day period for comment. During the
comment period, DOL received one
timely comment from an individual.
This comment addressed the issue of
timeliness for retroactive claims under
§ 10.912, as well as some comments
regarding what forms should be used
under §§ 10.903 and 10.911. The DOL’s
section-by-section analysis of the timely
comment it received is set forth below.
I. Comments on the Interim Final Rule
The section numbers used in the
headings of the following analysis are
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
5499
those that were used in the interim final
rule.
Sections 10.903 and 10.911
The commenter suggested that the
interim final rule and forms be amended
to indicate that, for retroactive claims
under 5 U.S.C. 8102a, claimants would
not need to submit the new forms CA–
41 and CA–42 as other forms applied
during the period prior to enactment of
the death gratuity benefit on January 28,
2008 and that those forms be amended
accordingly. The commenter also
suggested that, in the alternative, the
regulations could be amended at
§§ 10.903 and 10.911 to reference that
forms CA–5 and CA–6, which are used
for death benefit claims under the
FECA, could be used to file for the new
death gratuity benefit. This comment,
however, misconstrues the relationship
between death benefits under the FECA
and the new death gratuity benefit.
Specifically, the death gratuity is a new
benefit that did not exist prior to
January 28, 2008, which involves
different burdens of proof, different
information, and potentially different
beneficiaries than a claim for death
benefits under the FECA. The new
information sought in the new forms is
required so that the DOL may make a
proper determination as to eligibility
under the new death gratuity benefit.
Therefore, the suggested changes to
§§ 10.903 and 10.911 have not been
made.
Section 10.912
The commenter also suggested that
§ 10.912 be modified to indicate that a
retroactive claim for the new death
gratuity benefit is timely if a death
benefit claim is filed for the same death
within the three-year time limit for
filing a FECA claim. The DOL notes that
the regulation specifically covers such a
situation, in that it states that a claim for
the new death gratuity benefit is timely
if it is filed within the time limits
specified by the FECA pursuant to 5
U.S.C. 8122. That section of the FECA
states that a claim for benefits is timely
if it is filed within three years of the
date of injury or death. That section
further states that a claim for disability
that is timely filed will be a timely filing
for a death benefit based on the same
injury. It is the position of the DOL that
this section covers the circumstances
noted by the commenter, and that the
timely filing of a claim for death
benefits under the FECA is a timely
filing for a retroactive death gratuity
benefit. Furthermore, the DOL notes that
section 8122 of the FECA also states that
a claim is also timely if an immediate
supervisor had knowledge of an injury
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Rules and Regulations]
[Pages 5498-5499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2291]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 0907281181-0040-03]
RIN 0648-AX93
Fisheries of the Northeastern United States; Reporting
Requirement for Midwater Trawl Vessels Fishing in Closed Area I
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; effectiveness of a collection-of-information
requirement.
-----------------------------------------------------------------------
SUMMARY: NMFS announces approval by the Office of Management and Budget
(OMB) of a collection-of-information requirement contained in Northeast
(NE) Multispecies regulations for midwater trawl herring vessels that
fish in groundfish Closed Area I (CA I). The intent of this final rule
is to implement these additional reporting requirements.
DATES: This rule is effective March 5, 2010. The amendments to 50 CFR
648.14(r)(2)(vii) and 648.80(d)(7)(iii)(B), published in the Federal
Register on November 2, 2009 (74 FR 56562), will become effective on
March 5, 2010.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to the Regional Administrator, NMFS
Northeast Region, 55 Great Republic Drive, Gloucester, MA 01930 and by
e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: A final rule implementing modifications to
the Gulf of Maine/Georges Bank (GOM/GB) Herring Midwater Trawl Gear
Letter of Authorization (LOA) published in the Federal Register on
November 2, 2009 (74 FR 56562). The measures contained in the rule were
effective upon publication, with the exception of new requirements for
vessel operators to complete and submit a CA I Midwater Trawl Released
Codend Affidavit. Because OMB approval of the CA I Midwater Trawl
Released Codend Affidavit had not been received by the date the final
rule was published, NMFS delayed the effective date of the associated
reporting requirements. These reporting requirements were detailed in
the proposed rule (September 4, 2009; 74 FR 45798), with public comment
accepted through September 27, 2009. All comments received on the
proposed measures were addressed in the November 2, 2009, final rule
and are not repeated here.
On January 4, 2010, OMB approved, without change, the collection-
of-information contained in the CA I Midwater Trawl Released Codend
Affidavit. Accordingly, effective March 5, 2010, if a vessel issued an
All Areas and/or an Areas 2 and 3 Limited Access Herring Permit
releases a net in CA I before the fish can be sampled by the observer,
the vessel operator must complete and sign a CA I Midwater Trawl
Released Codend Affidavit, as specified in Sec. Sec. 648.14(r)(2)(vii)
and 648.80(d)(7)(iii)(B). The CA I Midwater Trawl Released Codend
Affidavit form includes details of where, when, and why the net was
released as well as a good-faith estimate of both the total weight of
fish caught on that tow and the weight of fish released (if the tow had
been partially pumped). The completed affidavit form must be submitted
to NMFS within 48 hr of the completion of the trip.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary of Oceans and Atmosphere has delegated to the
Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
There is good cause under 5 U.S.C. Sec. 553(b)(B) to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be unnecessary and contrary to the public interest.
This reporting requirement was detailed in the September 4, 2009,
proposed rule, with public comments accepted through September 27,
2009. This reporting requirement was also detailed in the November 2,
2009, final rule, which also explained that implementation of the
requirement was delayed pending OMB approval of the form. Therefore,
the public has previously been provided with notice of this measure and
opportunity to comment. Providing additional notice and comment would
further delay the collection of bycatch discard information. The time
required for additional notice and public comment would likely delay
the implementation of this reporting requirement past the period in
early spring when midwater trawl vessels have historically fished in
Closed Area I. If this reporting requirement were not in place by that
time, valuable information on bycatch discard would not be collected.
The New England Fishery Management Council has expressed an interest in
using data collected under this program in the current development of
Amendment 5 to the FMP.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule contains a new collection-of-information
requirement subject to the Paperwork Reduction Act (PRA). The new
collection-of-information requirement pertaining to the CA I Midwater
Trawl Released Codend Affidavit has been approved by OMB under OMB
control number 0648-0602. Public reporting burden for these
requirements is estimated to average 5 min per response, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Send comments regarding these burden estimates or any other aspect
of this data collection, including suggestions for reducing the burden,
to NMFS at the ADDRESSES above, and e-mail to David_Rostker@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 15 CFR Part 902
Reporting and recordkeeping requirements.
Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 15 CFR part 902 is amended as
follows:
[[Page 5499]]
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 revising the existing entries for Sec. Sec. 648.14 and 648.80 to
read as follows:
Sec. 902.1 OMB control number assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
CFR part or section where the
information collection requirement Current OMB control number (All
is located numbers begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR ...................................
* * * * *
648.14 -0202, -0212,-0469,-0489, -0501, -
0502, and -0602
* * * * *
648.80 -0202, -0422, -0489, -0521, and -
0602
* * * * *
------------------------------------------------------------------------
[FR Doc. 2010-2291 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-S
