77528 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 

make a smooth transition from one 

flight mode to another without 

exceptional piloting skill, alertness, or 

strength. 

(4) Failure conditions that are not 

shown to be extremely improbable must 

be demonstrated by analysis, ground 

testing, or flight testing. For failures 

demonstrated in flight, the following 

normal pilot recovery times are 

acceptable: 

(i) Transition modes (Cruise-to-Hover/ 

Hover-to-Cruise) and Hover modes: 

Normal pilot recognition plus 1 second. 

(ii) Cruise modes: Normal pilot 

recognition plus 3 seconds. 

(5) All AFCS malfunctions must 

include evaluation at the low-speed and 

high-power flight conditions typical of 

SAR operations. Additionally, AFCS 

hard-over, slow-over, and oscillatory 

malfunctions, particularly in yaw, 

require evaluation. AFCS malfunction 

testing must include a single or a 

combination of failures (for example, 

erroneous data from and loss of the 

radio altimeter, attitude, heading, and 

altitude sensors) which are not shown to 

be extremely improbable. 

(6) The flight demonstration must 

include the following environmental 

conditions: 

(i) Swell into wind. 

(ii) Swell and wind from different 

directions. 

(iii) Cross swell. 

(iv) Swell of different lengths (short 

and long swell). 

Issued in Fort Worth, Texas, on December 

3, 2010. 

Kimberly K. Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–31188 Filed 12–10–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

[Docket No. 070910507–0576–03] 

RIN 0648–AV94 

Endangered and Threatened Wildlife 

and Plants: Final Rulemaking To 

Establish Take Prohibitions for the 

Threatened Southern Distinct 

Population Segment of North American 

Green Sturgeon; Permit and Reporting 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; approval of 

collection-of-information requirements. 

SUMMARY: NMFS announces the 

approval of collection-of-information 

requirements contained in protective 

regulations established under the 

Endangered Species Act (ESA) for the 

threatened Southern Distinct Population 

Segment of North American green 

sturgeon (Acipenser medirostris; 

hereafter, Southern DPS). The intent of 

this final rule is to inform the public of 

the permitting and reporting 

requirements. 

DATES: The amendment to 15 CFR 902.1 

is effective January 12, 2011. The 

collection-of-information requirements 

in 50 CFR 223.210 are approved on 

January 12, 2011. 

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 

Assistant Regional Administrator, 

Protected Resources Division, 

Southwest Region (SWR), NMFS, 501 

West Ocean Boulevard, Suite 4200, 

Long Beach, CA 90802–4213, and by email to OIRA_Submission@omb.eop.gov 

or fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Neuman, NMFS SWR, 562– 

980–4115. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible at the Web site of the 

Office of the Federal Register: http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

A final rule to establish protective 

regulations under section 4(d) of the 

ESA for the Southern DPS was 

published in the Federal Register on 

June 2, 2010 (75 FR 30714) (the final 

ESA 4(d) Rule). The final ESA 4(d) Rule, 

other than the collection-of-information 

requirements, went into effect on July 2, 

2010. When the final rule was 

published, the Office of Management 

and Budget (OMB) had not yet approved 

the collection-of-information 

requirements under the Paperwork 

Reduction Act (PRA), and therefore the 

effective date of the permitting and 

reporting requirements in that rule was 

delayed. No public comments were 

received regarding the permitting and 

reporting requirements in the final ESA 

4(d) Rule. 

OMB approved the collection-ofinformation requirements contained in 

the final ESA 4(d) Rule on October 5, 

2010. Accordingly, this final rule 

announces the approval January 12, 

2011 of the collection-of-information 

requirements at 50 CFR 223.210, as 

published in the final ESA 4(d) Rule. 

Under NOAA Administrative Order 

205–11, dated December 17, 1990, the 

Under Secretary for Oceans and 

Atmosphere has delegated authority to 

sign material for publication in the 

Federal Register to the Assistant 

Administrator for Fisheries, NOAA. 

Classification 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

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. 

This final rule concerns the following 

collection-of-information requirements 

subject to the PRA and approved by 

OMB under control number 0648–0613: 

(1) Exception for Federal, State, or 

private-sponsored research or 

monitoring—written notification 

regarding Federal, State, or privatesponsored research or monitoring 

activities that meet the exception 

criteria in the ESA 4(d) Rule, to be 

submitted at least 60 days prior to the 

start of the research or monitoring 

activities, and regular reports 

summarizing project results and total 

numbers of takes of ESA listed species, 

to be submitted on a schedule to be 

determined by NMFS; (2) Exception for 

habitat restoration activities—written 

notification regarding habitat restoration 

activities that meet the exception 

criteria in the ESA 4(d) Rule, to be 

submitted at least 60 days prior to the 

start of the restoration project, and 

regular progress reports to be submitted 

on a schedule to be determined by 

NMFS; (3) Exception for emergency fish 

rescue activities—written reports 

regarding emergency fish rescue 

activities conducted under the ESA 4(d) 

Rule exception, to be submitted within 

30 days after conducting emergency fish 

rescue activities; (4) Fishery 

Management and Evaluation Plans 

(FMEPs) for NMFS review and approval 

and biannual reports providing the 

number of green sturgeon taken in the 

fishery and an evaluation and summary 

of the effectiveness of the FMEP; (5) 

Tribal Fishery Management Plans 

(TFMPs) for NMFS review and 

approval; and (6) State ESA 4(d) 

research programs for NMFS review and 

approval and annual reports 

summarizing project results and the 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations 77529 

number of green sturgeon taken directly 

or incidentally for each project under 

the NMFS-approved State ESA 4(d) 

research program. 

The public reporting burden per 

response for this collection-ofinformation is estimated to average: (1) 

40 hours to prepare a written 

notification describing Federal, State, or 

private-sponsored research or 

monitoring activities that comply with 

the ESA 4(d) Rule exception criteria and 

5 hours to prepare reports summarizing 

those activities; (2) 40 hours to prepare 

a written notification describing habitat 

restoration activities that comply with 

the ESA 4(d) Rule exception criteria and 

5 hours to prepare progress reports 

summarizing those activities; (3) 5 hours 

to prepare reports on emergency fish 

rescue activities for Southern DPS fish; 

(4) 40 hours for development of an 

FMEP and 5 hours to prepare the 

biannual reports; (5) 20 hours for 

development of a TFMP; and (6) 40 

hours for development of a State ESA 

4(d) research program and 5 hours to 

prepare the annual reports. 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 the burden, to the Assistant 

Regional Administrator, Protected 

Resources Division, SWR, NMFS (see 

ADDRESSES) and by e-mail to 

OIRA_Submission@omb.eop.gov or fax 

to 202–395–7285. 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: December 8, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 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, amend the table in 

paragraph (b), under the entry ‘‘50 CFR’’ 

by adding an entry for ‘‘223.210’’ in 

numerical order, to read as follows: 

§ 902.1 OMB control numbers 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 

*****

223.210 ..................... –0613 

*****

[FR Doc. 2010–31216 Filed 12–10–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 167 

[Docket No. USCG–2010–0718] 

RIN 1625–AB55 

Traffic Separation Schemes: In the 

Approaches to Portland, ME; Boston, 

MA; Narragansett Bay, RI and 

Buzzards Bay, MA; Chesapeake Bay, 

VA, and Cape Fear River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: In this rule, the Coast Guard 

codifies traffic separation schemes in 

the approaches to Portland, ME; in the 

approaches to Boston, MA; in the 

approaches to Narragansett Bay, RI and 

Buzzards Bay, MA; and in the 

approaches to the Cape Fear River, NC. 

In addition, the Coast Guard updates the 

current regulations for the traffic 

separation scheme in the approaches to 

Chesapeake Bay, VA. The Coast Guard 

established these traffic separation 

schemes between 1978 and 2004 under 

authority of the Ports and Waterways 

Safety Act. The International Maritime 

Organization adopted these traffic 

separation schemes and describes them 

in their publication, ‘‘Ships Routeing,’’ 

Ninth Edition, 2008. In addition, these 

traffic separation schemes are already 

shown on nautical charts and in the 

United States Coast Pilot published by 

the National Oceanic and Atmospheric 

Administration. 

DATES: This interim rule is effective 

January 12, 2011. Comments and related 

material must either be submitted to our 

online docket via http:// 

www.regulations.gov on or before 

December 28, 2010 or reach the Docket 

Management Facility by that date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0718 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, contact 

Mr. George Detweiler, U.S. Coast Guard 

Office of Navigation Systems, telephone 

202–372–1566, or e-mail 

George.H.Detweiler@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

A. General 

B. TSS History 

C. Regulatory History 

IV. Discussion of the Interim Rule 

A. In the Approaches to Portland, ME 

B. In the Approaches to Boston, MA 

C. In the Approaches to Narragansett Bay, 

RI and Buzzards Bay, MA 

D. In the Approaches to Chesapeake Bay, 

VA 

E. In the Approaches to the Cape Fear 

River, NC 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1