[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67349-67350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21873]



[[Page 67349]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 660

[Docket No.051027277-5277-01; I.D. 102903C]
RIN 0648-AT97


Fisheries Off West Coast States and in the Western Pacific; 
Highly Migratory Species Fisheries; Data Collection Requirements for 
U.S. Commercial and Recreational Charter Fishing Vessels

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; effectiveness and enforcement of collection-of-
information requirement.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements pertaining to vessel 
identification contained in the final rule to implement the approved 
portions of the U.S. West Coast Highly Migratory Species Fishery 
Management Plan (HMS FMP), and the effectiveness of those requirements. 
On February 4, 2004, NMFS partially approved the HMS FMP, and the final 
rule to implement the approved portions of the HMS FMP was published in 
the Federal Register on April 7, 2004. The HMS FMP final rule contained 
vessel identification requirements subject to the Paperwork Reduction 
Act (PRA) that, at the time of publication, were still undergoing OMB 
review. This action is intended to inform the public of the effective 
date of the requirement approved by OMB.

DATES: The amendments in this rule are effective January 6, 2006. The 
vessel identification requirements of 50 CFR 660.704, published on 
April 7, 2004 (69 FR 18444), are effective on January 6, 2006.

ADDRESSES: Copies of the HMS FMP may be obtained from Donald O. 
McIsaac, Executive Director, Pacific Fishery Management Council, 7700 
NE Ambassador Place, Suite 200, Portland, OR 97220-1384. Copies of the 
HMS FMP final rule, the Final Environmental Impact Statement (FEIS), 
the Final Regulatory Impact Review (RIR), and the Final Regulatory 
Flexibility Analysis (FRFA) are available from NMFS, Southwest Regional 
Office, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802. 
Copies of the Small Entity Compliance Guide for the HMS FMP final rule 
are available on the Southwest Region, NMFS website http://swr.nmfs.noaa.gov. Written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this final rule should be submitted to Rodney A. McInnis, 
Regional Administrator, NMFS, Southwest Regional Office at the above 
address. These comments may also be submitted by e-mail to [email protected], or faxed to 202-395-7285.

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

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule (69 FR 18444) that implemented the approved portion of the HMS 
FMP. The rule established, among other measures, data collection and 
reporting requirements for U.S. West Coast commercial and recreational 
charter fishing vessels targeting HMS. The HMS FMP final rule contained 
collection-of-information requirements that could not be made 
effective, or enforced, prior to approval by the OMB under the PRA. 
Delayed effectiveness and enforcement of these sections were announced 
in the April 7, 2004, HMS FMP final rule. In the HMS FMP final rule, 
NMFS requested comments on the reporting burden estimate or any other 
aspect of the collection-of-information requirements. No comments were 
received on the collection-of-information requirements. OMB has 
approved the collections-of-information requirements codified at 50 CFR 
660.704 for vessel identification. This section will be effective on 
January 6, 2006 and will be enforced beginning on that date. Section 
660.704 requires each fishing vessel to 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. The official number must be affixed to each vessel in 
block Arabic numerals at least 10 inches (25.4 cm) in height for 
vessels more than 25 ft (7.6 m) but equal to or less than 65 ft (19.8 
m) in length; and 18 inches (45.7 cm) in height for vessels longer than 
65 ft (19.8 m) in length. Markings must be legible and of a color that 
contrasts with the background.
    Pursuant to the PRA, part 902 of title 15 of the Code of Federal 
Regulations displays the control numbers that OMB has assigned to NMFS 
information collection requirements. This notice fulfills the 
requirements of section 3506(c)(1)(B)(i), title 44, United States Code, 
which requires that agencies display a current control number, assigned 
by the Director of OMB, for each agency information collection 
requirement. This final rule codifies OMB control number 0648-0361 for 
Sec.  660.704.

Classification

    The Regional Administrator, NMFS, Southwest Region determined that 
the data collection requirements implemented by this final rule are 
necessary for the conservation and management of the U.S. West Coast 
HMS fisheries and are consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable law.
    The data collection requirement implemented by this final rule has 
been determined to be not significant for purposes of Executive Order 
12866.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared a FRFA in support of the HMS FMP final rule published 
April 7, 2004. The FRFA described the economic impact that this final 
rule, along with other non-preferred alternatives, will have on small 
entities, including HMS commercial and recreational charter fishing 
vessels affected by this action. The contents of the FRFA and the 
incorporated documents (the IRFA, the RIR, and the FEIS) are not 
repeated here. A copy of these documents is available upon request (see 
ADDRESSES).
    The vessel marking requirement under this final rule will establish 
an initial one-time reporting burden of 1002.8 hours for the 1,337 
participating vessels (an average of 0.75 hours/per vessel).
    This final rule contains new collection-of-information requirements 
approved by OMB under the PRA. Public reporting burden for these 
collections of information are estimated to average 45 minutes per 
vessel to affix the official number of a vessel to its bow and weather 
deck. The cost for this collection will be minimal, the cost of the 
paint for painting on the numbers and touch ups as needed.
    Public comment is sought regarding: whether this collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or

[[Page 67350]]

other forms of information technology. Send comments or any other 
aspects of the collections of information to NMFS (see ADDRESSES) and 
by email to [email protected], or faxed to 202-385-7285.
    Notwithstanding any other provisions of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide was prepared 
for the HMS FMP final rule. This guide is posted on the NMFS SWR 
website (http://swr.nmfs.noaa.gov) and a hard copy will be sent to all 
interested parties upon request (see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: October 28, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 15 CFR chapter IX, part 902, 
is amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    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 for Sec.  660.704 to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) Display.

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                                             Current OMB control number
CFR part or section where the information  (All numbers begin with 0648-
    collection requirement is located                    )
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                                * * * * *
 
50 CFR                                     .............................
                                * * * * *
660.704                                    -0361
                                * * * * *
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[FR Doc. 05-21873 Filed 11-4-05; 8:45 am]
BILLING CODE 3510-22-S