30174 Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Proposed Rules and West Longitude 122–11–53. See Federal Communications Commission. DATES: Written comments must be Supplementary Information, infra. John A. Karousos, received on or before July 6, 1998. DATES: Comments must be filed on or Chief, Allocations Branch, Policy and Rules ADDRESSES: Comments on the proposed before July 13, 1998, and reply Division, Mass Media Bureau. rule must be sent to the Southeast comments on or before July 28, 1998. [FR Doc. 98–14681 Filed 6–2–98; 8:45 am] Regional Office, NMFS, 9721 Executive BILLING CODE 6712±01±P Center Drive N., St. Petersburg, FL ADDRESSES: Federal Communications 33702. Commission, Washington, DC 20554. In Comments regarding the collection-of- addition to filing comments with the DEPARTMENT OF COMMERCE information requirement contained in FCC, interested parties should serve the this rule should be sent to Edward E. petitioner, or its counsel or consultant, National Oceanic and Atmospheric Burgess, Southeast Regional Office, as follows: Matthew H. McCormick, Administration NMFS, 9721 Executive Center Drive N., Esq., Reddy, Begley, & McCormick, 2175 St. Petersburg, FL 33702, and to the K Street, NW., Suite 350, Washington, 50 CFR Part 622 Office of Information and Regulatory DC 20037 (Counsel for Petitioner). [Docket No. 980427104±8104±01; I.D. Affairs, Office of Management and FOR FURTHER INFORMATION CONTACT: 072897B] Budget (OMB), Washington, DC 20503 Sharon P. McDonald, Mass Media (Attention: NOAA Desk Officer). Bureau, (202) 418–2180. RIN 0648±AK29 Requests for copies of the Bycatch Reduction Device Testing Protocol SUPPLEMENTARY INFORMATION: This is a Fisheries of the Caribbean, Gulf of Manual, should be sent to the South synopsis of the Commission’s Notice of Mexico, and South Atlantic; Shrimp Atlantic Fishery Management Council, Proposed Rule Making and Order to Fishery Off the Southern Atlantic One Southpark Circle, Suite 306, Show Cause, MM Docket No. 98–74, States; Certification of Bycatch Charleston, SC 29407–4699; Phone: adopted May 13, 1998, and released Reduction Devices 803–571–4366; Fax: 803–769–4520. May 22, 1998. The full text of this Commission decision is available for AGENCY: National Marine Fisheries FOR FURTHER INFORMATION CONTACT: inspection and copying during normal Service (NMFS), National Oceanic and Peter J. Eldridge, 813–570–5305. business hours in the FCC Reference Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: The Center (Room 239), 1919 M Street, NW., Commerce. shrimp fishery in the EEZ of the South Washington, DC. The complete text of ACTION: Proposed rule; request for Atlantic is managed under the FMP. The this decision may also be purchased comments. FMP was prepared by the Council and from the Commission’s copy contractor, is implemented through regulations International Transcription Service, SUMMARY: NMFS issues this proposed issued under the authority of the Inc., (202) 857–3800, 1231 20th Street, rule to prescribe additional procedures Magnuson-Stevens Fishery NW., Washington, DC 20036. for the testing and certification of Conservation and Management Act Additionally, Channel 262C2 can be bycatch reduction devices (BRDs) for (Magnuson-Stevens Act) at 50 CFR part substituted at Wenatchee in compliance use in penaeid shrimp trawls in the 622. with the Commission’s minimum exclusive economic zone (EEZ) in the The availability of Amendment 2 to distance separation requirements at South Atlantic. The use of BRDs in all the FMP was announced in the Federal Station KKRV(FM)’s presently licensed such trawls became mandatory under Register on November 25, 1996 (61 FR site; and Channel 285C1 can be the final rule implementing Amendment 59856). The final rule implementing substituted at Moses Lake at Station 2 to the Fishery Management Plan for Amendment 2 to the FMP (62 FR 18536, KWIQ–FM’s presently licensed site. The the Shrimp Fishery of the South April 16, 1997) requires the use of coordinates for Channel 262C2 at Atlantic Region (FMP). In addition, the certified BRDs in all penaeid shrimp Wenatchee are North Latitude 47–28–44 proposed rule would add a paragraph to trawls in the EEZ in the South Atlantic, and West Longitude 120–12–49; and the the Testing Protocol for BRD identifies the three BRDs certified by coordinates for Channel 285C1 at Moses Certification providing details on the NMFS for such use, and sets forth Lake are North Latitude 47–06–09 and additional testing and certification administrative procedures and a testing West Longitude 119–14–26. procedures. The proposed rule also protocol for certifying additional BRDs would add four measures to the list of meeting Amendment 2’s bycatch Provisions of the Regulatory measures that may be implemented or reduction criterion for Spanish mackerel Flexibility Act of 1980 do not apply to modified through the framework and weakfish. The criterion for this proceeding. procedures contained in Amendment 2 certification of a BRD for use in shrimp Members of the public should note for adjusting management measures. trawls in the South Atlantic EEZ is a that from the time a Notice of Proposed The additional testing and certification reduction of at least 40 percent in the Rule Making is issued until the matter procedures that would be prescribed by number of weakfish and Spanish is no longer subject to Commission the proposed rule should foster the mackerel caught incidentally in shrimp consideration or court review, all ex development of alternative BRDs that trawls or a reduction of at least 50 parte contacts are prohibited in meet the bycatch reduction criterion for percent in the bycatch component of Commission proceedings, such as this Spanish mackerel and weakfish, while fishing mortality for Spanish mackerel one, which involve channel allotments. minimizing inconvenience to fishermen and weakfish. The Testing Protocol for See 47 CFR 1.1204(b) for rules and/or loss of shrimp. The addition of BRD Certification was published as an governing permissible ex parte contacts. management measures that may be uncodified appendix to the final rule, For information regarding proper adjusted via the framework procedures and was corrected on September 4, 1997 filing procedures for comments, see 47 is intended to enhance the ability of the (62 FR 46679). This rule proposes to CFR 1.415 and 1.420. South Atlantic Fishery Management establish additional testing and List of Subjects in 47 CFR Part 73 Council (Council) and NMFS to react in certification procedures and to add a a timely manner to changes in the paragraph to the Testing Protocol for Radio broadcasting. fishery or to new data. BRD Certification regarding those Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Proposed Rules 30175 procedures. Specifically, this rule data management instructions. The addition of measures that may be would require a person seeking Additional details are contained in the established or modified in accordance with certification of a BRD for use in shrimp Manual. the framework procedures would have no trawls in the South Atlantic EEZ to Amendment 2 contains framework economic impacts. The economic impacts on apply for and obtain a letter of procedures for establishing or modifying small entities of any measures that would be proposed for establishment or modification authorization from the Regional specified types of management under the framework procedures would be Administrator, Southeast Region, NMFS measures. The procedures for certifying evaluated when they are proposed. (Regional Administrator) before BRDs and publishing their conducting any tests in the EEZ, to test specifications was discussed in the As a result, a regulatory flexibility the BRD in accordance with the Testing preamble to the initial proposed rule (62 analysis was not prepared. Protocol for BRD Certification, and to FR 720, January 6, 1997) and is not Notwithstanding any other provision submit the test results to the Regional repeated here. In this rule, NMFS of law, no person is required to respond Administrator. The paragraph that proposes to add at 50 CFR 622.48(h) to, nor shall a person be subject to a would be added to the Testing Protocol four other measures listed in penalty for failure to comply with, a for BRD Certification would require Amendment 2 that may be established collection of information subject to the notification of state directors where or modified in accordance with the requirements of the Paperwork appropriate and would add details FMP’s framework procedures: the BRD Reduction Act (PRA) unless that regarding the application and letter of certification criteria, the BRD testing collection of information displays a authorization process. protocol, nets required to use BRDs, and currently valid OMB control number. The existing Testing Protocol for BRD times and locations for the required use This rule contains a collection-of- Certification describes the background of BRDs. The procedures for information requirement subject to the and rationale for BRD testing, details establishing or modifying these four PRA—namely, the BRD certification basic testing procedures, requires that measures are set forth in Amendment 2 process, consisting of an application for all tests be conducted with an approved and require that changes be initiated by the testing of a new BRD, the testing observer onboard, specifies the type of the Council’s BRD Advisory Panel, itself, and the submission of the test data to be collected, and describes the reviewed by the Council and its Science results. This requirement has been statistical procedures and approach for and Statistical Committee, discussed at submitted to OMB for approval. The analyzing the data. The Testing Protocol a public hearing, submitted for the public reporting burden for this for BRD Certification requires that a Regional Administrator’s concurrence collection of information is estimated at trawl fitted with a BRD and a trawl that they are consistent with the FMP 151 hours per application, testing, and without a BRD be towed simultaneously and the Magnuson-Stevens Act, and submission of results. Send comments under commercial conditions and that published as proposed and final rules. regarding this burden estimate or any the total catch, finfish catch, and shrimp other aspect of the data requirement, catch from each trawl be compared. The Classification including suggestions for reducing the Testing Protocol for BRD Certification This proposed rule has been burden, to NMFS and to OMB (see requires that tow times, time of day, and determined to be not significant for ADDRESSES). fishing techniques simulate commercial purposes of E.O. 12866. Public comment is sought regarding: fishing conditions. A minimum sample The Assistant General Counsel for Whether this proposed collection of size of 30 successful tows is required. A Legislation and Regulation of the information is necessary for the proper successful tow is defined as one in Department of Commerce has certified performance of the functions of the which at least five weakfish or one to the Chief Counsel for Advocacy of the agency, including whether the Spanish mackerel are caught, regardless Small Business Administration that this information will have practical utility; of which trawl they were caught in. rule would not have a significant the accuracy of the burden estimate; Additional tows may be needed to economic impact on a substantial ways to enhance the quality, utility, and obtain an adequate statistical sample. number of small entities as follows: clarity of the information to be Data collected under the Testing collected; and ways to minimize the Testing of BRDs is expected to be Protocol for BRD Certification is undertaken by state agencies of Georgia, burden of the collection of information, analyzed using a modified paired t-test, North Carolina and South Carolina, by the including the use of automated which is a method for determining University of Georgia, and by owners of collection techniques or of other forms whether the average of two sets of vessels that harvest shrimp in South Atlantic of information technology. observations is significantly different, waters. The state agencies and the University especially with small sampling sizes. A of Georgia are not small entities. List of Subjects in 50 CFR Part 622 95–percent confidence interval must be For the 1994 fishing season, about 1,400 Fisheries, Fishing, Puerto Rico, calculated for the bycatch reduction large shrimp vessels were licensed in Florida, Reporting and recordkeeping estimate. Georgia, North Carolina and South Carolina. requirements, Virgin Islands. In addition, there were probably 1,000 or The Testing Protocol for BRD more small vessels that have a significant Dated: May 27, 1998. Certification as well as standardized dependence on shrimp trawling off these Rolland A. Schmitten, forms for describing the tests and states, mostly in North Carolina waters. reporting their results have been Assistant Administrator for Fisheries, These entities are considered small entities National Marine Fisheries Service. included in a Bycatch Reduction Testing for purposes of the Regulatory Flexibility Protocol Manual (Manual) available Act. For the reasons set out in the preamble, 50 CFR part 622 is proposed from NMFS (see ADDRESSES). Although owners of shrimp vessels who Appendices to the Manual contain data voluntarily conduct BRD certification testing to be amended as follows: entry codes, illustrations of fish can be expected to incur significant costs, less than 1 percent of such owners are PART 622ÐFISHERIES OF THE measurements, statistical reporting expected to attempt to certify new BRDs. CARIBBEAN, GULF, AND SOUTH zones, proper techniques for statistical Accordingly, the provisions for BRD ATLANTIC analyses, illustrations of key species, certification would not have a significant and other information concerning the economic impact on a substantial number of 1. The authority citation for part 622 proper conduct of testing, including small entities. continues to read as follows: 30176 Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Proposed Rules

Authority: 16 U.S.C. 1801 et seq. and locations when the use of BRDs is convene six public hearings on its Draft 2. In § 622.7, paragraph (aa) is added required. Habitat Plan, Draft Habitat to read as follows: The Testing Protocol for BRD Comprehensive Amendment (Draft Certification published as an uncodified Habitat Amendment), and associated § 622.7 Prohibitions. appendix to the final rule implementing Draft Environmental Impact Statement * * * * * Amendment 2 to the FMP on April 16, (DEIS) and Draft Supplemental (aa) Falsify information submitted on 1997 (62 FR 18536) is revised by adding Environmental Impact Statement the testing of a BRD or the results of the following paragraph at the end (DSEIS); and on its Draft Sustainable such testing, as specified in thereof: Fisheries Act Amendment (Draft SFA § 622.41(g)(3)(i). Amendment). Public meetings on the 3. In § 622.41, the first sentence of Appendix—Testing Protocol for BRD Certification NMFS draft Essential Fish Habitat (EFH) paragraph (g)(1) is revised and recommendations will be held following paragraph (g)(3) is added to read as Before conducting any certification two of the public hearings. follows: test, or series of tests, the appropriate state director or designee, must be DATES: Written comments will be § 622.41 Species specific limitations. notified. In the event that the applicant accepted until 5 p.m. on July 15, 1998. * * * * * plans to submit the certification The public hearings will be held from (g) * * * proposal directly to the RD, the June 15 to June 26, 1998; see (1) * * * Except as exempted in applicant must notify the RD in writing. SUPPLEMENTARY INFORMATION for specific paragraph (g)(3)(ii) of this section, on a This notification should identify the dates and times. penaeid shrimp trawler in the South sponsor of the tests, when and where Atlantic EEZ, each trawl net that is the tests will be conducted, the vessel ADDRESSES: Written comments on the rigged for fishing and has a mesh size or vessels involved, any special Council’s documents should be sent to less than 2.50 inches (6.35 cm), as conditions or requirements of the tests, Bob Mahood, Executive Director, South measured between the centers of the statistical design that will be Atlantic Fishery Management Council, opposite knots when pulled taut, and followed, the names and affiliations of One Southpark Circle, Suite 306, each try net that is rigged for fishing and the observers, data that will be Charleston, SC 29407-4699. Copies of has a headrope length longer than 16.0 collected, a complete description of the the Draft Habitat Amendment, DSEIS, ft (4.9 m), must have a certified BRD BRDs including detailed descriptions of and DEIS are available from Susan installed. * * * how the BRDs will be installed in the Buchanan at (843) 571-4366 and will * * * * * nets, and types of TEDs that will be also be available to the public at the (3) Certification of BRDs—(i) A person used. The appropriate state director or hearings. who seeks to have a BRD certified for designee, will review the notification Written comments on the NMFS draft use in the South Atlantic EEZ must and if adequate will authorize the EFH recommendation will be accepted submit an application to test such BRD, applicant to conduct tests in state at the public meetings, or may be sent conduct the testing, and submit to the waters. Similarly, if testing in the EEZ RD the results of the test conducted and to: Habitat Conservation Division, is required, the state director will NMFS, 9721 Executive Center Drive N., recorded in accordance with the Testing submit the applicant’s notification to St. Petersburg, FL 33702–2432, Attn: Protocol for BRD Certification, which the RD, with the director’s Draft EFH Recommendation to SAC. along with forms and procedures, is recommendation. Once the RD Copies of the draft EFH included in the Bycatch Reduction determines that the notification is recommendations may be obtained by Device Testing Protocol Manual which complete and all applicable regulations is available from the SAFMC, One are satisfied, the RD will issue the calling (813) 570–5317. Southpark Circle, Suite 306, Charleston, applicant a letter of authorization to The hearings will be held in Florida, SC 29407–4699, and from the RD. A conduct BRD testing in Federal waters. Georgia, South Carolina, and North BRD that meets the certification [FR Doc. 98–14593 Filed 6–2–98; 8:45 am] Carolina. See SUPPLEMENTARY criterion, as determined under the BILLING CODE 3510±22±F INFORMATION for locations of the Testing Protocol for BRD Certification, hearings and for special will be added to the list of certified accommodations. BRDs in paragraph (g)(2) of this section. DEPARTMENT OF COMMERCE (ii) A penaeid shrimp trawler that is FOR FURTHER INFORMATION CONTACT: authorized to test a BRD in the EEZ for National Oceanic and Atmospheric Susan Buchanan, Public Information possible certification, has such Administration Officer, South Atlantic Fishery authorization on board, and is Management Council, 843-571-4366; conducting such test in accordance with 50 CFR Part 622 fax: 843-769-4520; e-mail address: [email protected]. the Testing Protocol for BRD [I.D. 052698E] Certification is exempt from the BRD SUPPLEMENTARY INFORMATION: The requirement specified in paragraph South Atlantic Fishery Management Council will hold public hearings on the (g)(1) of this section. Council; Public Hearings Draft Habitat Plan, the Draft Habitat 4. In § 622.48, paragraph (h) is revised Amendment and its DEIS and DSEIS, to read as follows: AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and and the Draft SFA Amendment. These § 622.48 Adjustment of management Atmospheric Administration (NOAA), amendments have been prepared to measures. Commerce. satisfy the requirements of the * * * * * ACTION: Public hearings; request for Magnuson-Stevens Fishery (h) South Atlantic shrimp. BRD comments. Conservation and Management Act certification criteria, BRD specifications, (Magnuson-Stevens Act), as amended in BRD testing protocol, certified BRDs, SUMMARY: The South Atlantic Fishery October 1996 by the Sustainable nets required to use BRDs, and times Management Council (Council) will Fisheries Act.