[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10088-10089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1013]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 060425111-6315-03;I.D. 041906B]
RIN 0648-AN09


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vessel Monitoring Systems; 
Amendment 18A

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

ACTION: Final rule; delay of effective date.

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SUMMARY: NMFS further delays the December 7, 2006, effective date of 
two sections of a final rule, published August 9, 2006, until May 6, 
2007. The amendments to those sections will require owners/operators of 
vessels with Gulf reef fish commercial vessel permits to install a 
NMFS-approved vessel monitoring system (VMS) and will make installation 
of VMS a prerequisite for permit renewal or transfer. This delay of the 
effective date will provide additional time for resolution of an 
unanticipated technological problem with one of the approved VMS units 
purchased by significant portion of the fleet and will allow vendors 
additional time to meet the demand for purchase and installation of VMS 
units that are currently backlogged.

DATES: The effective date of Sec. Sec.  622.9(a)(2) and 622.4(m)(1) 
published August 9, 2006 (71 FR 45428), is delayed until May 6, 2007.

ADDRESSES: Comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements referred to in 
this final rule may be submitted in writing to Jason Rueter, NMFS, 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701; telephone 727-824-5305; fax 727-824-5308; email 
[email protected] and to David Rostker, Office of Management and 
Budget (OMB), by e-mail at [email protected], or by fax to 
202-395-7285.

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305, 
fax 727-824-5308, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The final rule to implement Amendment 18A to the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (Amendment 18A) 
(71 FR 45428, August 9, 2006) included a provision, Sec.  622.9(a)(2), 
requiring owners or operators of a vessel with a commercial vessel 
permit for Gulf reef fish, including charter/headboats with commercial 
reef fish vessel permits even when under charter, to be equipped with 
an operating VMS approved by NMFS for the Gulf of Mexico reef fish 
fishery. Additionally, Sec.  622.4(m)(1) required proof of purchase, 
installation, activation, and operational status of an approved VMS for 
renewal or transfer of a commercial vessel permit for Gulf reef fish.
    Subsequent to the publication of the final rule, NMFS published a 
notice listing VMS approved by NMFS for use in the Gulf reef fish 
fishery (71 FR 54472, September 15, 2006). On October 31, 2006, NMFS 
published a notice (71 FR 63753), announcing availability of grant 
funds to reimburse owners and operators of vessels subject to the VMS 
requirements of Amendment 18A for the equivalent cost of purchasing the 
least expensive VMS approved by NMFS for the Gulf reef fish fishery. On 
December 6, 2006, because of concerns that fishers would not have 
sufficient time to comply with the VMS requirements, NMFS published a 
notice (71 FR 70680) to delay the effective date of Sec.  622.9(a)(2), 
the VMS requirement, and Sec.  622.4(m)(1), the provision requiring VMS 
as a condition of renewing or transferring a commercial vessel permit 
for Gulf reef fish.

Further Delay of Effective Date

    NMFS is further delaying, until May 6, 2007, the effective date of 
Sec.  622.9(a)(2), the VMS requirement, and Sec.  622.4(m)(1), the 
provision requiring VMS as a condition of renewing or transferring a 
commercial vessel permit for Gulf reef fish. NMFS recently learned, and 
has confirmed with the VMS vendor, that there is a technological 
problem with one of the approved VMS units that has been purchased by a 
significant portion of the commercial reef fish fleet. This VMS unit, 
as currently configured, has an excessive power draw. When the vessel 
is not under power or does not have access to an external power source 
for longer than about 48 hours, the power draw from this VMS unit can 
drain all battery power, resulting in failure of electronic equipment 
including such safety equipment as bilge pumps. The vendor is working 
with vessel owners to resolve this issue through a reconfiguration of 
the VMS installation. NMFS has determined that a 60-day delay in 
implementation of the VMS requirements should be sufficient to resolve 
this issue. NMFS has also confirmed that providers of approved VMS 
units have a substantial backlog of orders for approved VMS units. It 
would not be possible for all affected fishers to acquire, install, and 
activate the required VMS units prior to the current March 7, 2007 
deadline. Therefore, for these reasons, NMFS is delaying the effective 
date of Sec. Sec.  622.9(a)(2) and 622.4(m)(1) until May 6, 2007.

Classification

    The Administrator, Southeast Region, NMFS, (RA) has determined that 
delaying the effective date of VMS requirements for vessels with 
commercial vessel permits for Gulf reef fish is necessary for 
management of the fishery and to minimize adverse social and economic 
impacts. The RA has also determined that this rule is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

[[Page 10089]]

    Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior 
notice and opportunity for public comment on this action as notice and 
comment would be impracticable and contrary to the public interest. 
This final rule merely delays the effective date of the VMS 
requirements and VMS-related permit renewal requirements set forth in 
the regulations implementing Amendment 18A. Delaying the effective date 
of these provisions will provide VMS vendors time to resolve a 
technological problem with one of the approved VMS units that could 
potentially affect vessel safety. The delay would also provide vendors 
additional time to meet the demand for delivery and installation of 
approved units, which NMFS has confirmed is currently backlogged. For 
these reasons, there is good cause to waive the 30-day delayed 
effectiveness provision of the APA for these measures pursuant to 5 
U.S.C. 553(d)(3). Failure to waive prior notice and opportunity for 
public comment or failure to waive the 30-day delayed effectiveness 
provision of the APA for these measures would result in these measures 
becoming effective on March 7, 2007, rather than providing the 
additional time necessary to resolve these unanticipated issues.
    This final rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.
    This rule refers to collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved by 
OMB under Control Number 0648-0544. Public reporting for these 
requirements is estimated to average 4 hours for VMS installation, 15 
minutes for completion and submission of certification of VMS 
installation and activation, 24 seconds for transmission of position 
reports, 2 hours for annual maintenance of VMS, 10 minutes for 
submission of requests for power-down exemptions, and 15 minutes for 
annual renewal of all permits. These estimates include 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 burden hours, to NMFS (see ADDRESSES) and by 
email to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of 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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 28, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 07-1013 Filed 3-1-07; 3:27 pm]
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