Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules 36653

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 80

RIN 1018–AD83

Federal Aid in Sport Fish Restoration

Program; Participation by the District

of Columbia and U.S. Insular

Territories and Commonwealths

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We propose to conform our

regulations for the Federal Aid in Sport

Fish Restoration Program to a recently

enacted law by letting the States spend

up to 15 percent (not just 10 percent) of

their Federal Aid funds on aquatic

education and outreach and

communications. We also propose to let

the Commonwealth of Puerto Rico, the

District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa spend more for these

purposes, with the approval of the

appropriate Fish and Wildlife Service

Regional Director. While making these

changes in this section of our

regulations, we also propose to rewrite

that entire section to put it in plain

lauguage, without making substantive

change.

We also propose a new section to

define existing requirements for the

collection of informatoin required by

the Paperwork Reduction Act and the

Office of Management and Budget’s

implementing regulation. This section is

also presented in plain language format.

Comments are welcome on both

sections.

DATES: Comments must be received by

August 8, 2000.

ADDRESSES: Comments may be

addressed to the Chief, Division of

Federal Aid, U.S. Fish and Wildlife

Service, Arlington Square 140, 4401

North Fairfax Drive, Arlington, Virginia

22203.

FOR FURTHER INFORMATION CONTACT: Jack

Hicks, Division of Federal Aid, U.S.

Fish and Wildlife Service. Telephone:

(703) 358–1851.

SUPPLEMENTARY INFORMATION:

Background

Through the Federal Aid in Sport Fish

Restoration Program, the U.S. Fish and

Wildlife Service (Service) disburses

funds to States (including the District of

Columbia and the U.S. insular territories

and Commonwealths) to restore and

manage the Nation’s fishery resources.

The States use the funds to fund

fisheries research, surveys, and

management; purchase and restore

habitat; operate hatcheries; build boat

access; and provide aquatic education

and outreach and communications

programs.

The program is authorized by the

Federal Aid in Sport Fish Restoration

Act (Act), 16 U.S.C. 777 et seq., enacted

in 1950, and carried out by regulations

in 50 CFR part 80, ‘‘Administrative

Requirements, Federal Aid in Fish and

Federal Aid in Wildlife Restoration

Acts.’’ Funds for the program are

derived from excise and import taxes on

fishing tackle and motorboat fuel. The

manufacturer or importer collects the

tax and pays it to the U.S. Department

of the Treasury, who transfers the

money to the Service for distribution to

the States.

Congress has amended the Act several

times, most recently via the

Transportation Equity Act for the 21st

Century (Pub. L. 105–178), passed in

1998. Among other things, that law,

commonly referred to as TEA–21,

increased, from 10 to 15 percent, the

maximum allowable expenditure of

Sport Fish Restoration apportioned

dollars for aquatic education, which

now also applies to related outreach and

communications projects. Section

777g(c) of the Act states, ‘‘(E)ach State

may use not to exceed 15 percent of the

funds apportioned to it under Section

777c of this title to pay up to 75 percent

of the costs of an aquatic resource

education and outreach and

communications program for the

purpose of increasing public

understanding of the Nation’s water

resources and associated aquatic life

forms.’’

To carry out TEA–21, we are

proposing changes to 50 CFR part 80.

Specifically, we are proposing to amend

part 80 by revising § 80.15 and by

adding a new § 80.27 pertaining to

information collection requirements.

Currently, 50 CFR 80.15(e) states, ‘‘(N)ot

more than 10 per centum of the annual

amount apportioned to each State under

provisions of the Federal Aid in Sport

Fish Restoration Act may be obligated

on projects for aquatic education.’’ In

accordance with TEA–21, we propose to

amend part 80 to raise the amount that

States may expend for aquatic education

and outreach and communications to 15

percent. However, we also propose to

allow the Commonwealth of Puerto

Rico, the District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa to spend a higher

portion of their funds for this purpose,

as described below. We further propose

to convert the existing language in

§ 80.15 to plain language.

As proposed, the Commonwealth of

Puerto Rico, the District of Columbia,

the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin

Islands, and American Samoa would not

be subject to the statutory cap of 15

percent for aquatic education and

outreach and communications

expenditures; that cap would apply only

to the actual States. Section 777k of the

Act states in part that ‘‘(T)he secretary

of the Interior is authorized to cooperate

with the Secretary of Agriculture of

Puerto Rico, the Mayor of the District of

Columbia, the Governor of Guam, the

Governor of American Samoa, the

Governor of the Commonwealth of the

Northern Mariana Islands, and the

Governor of the Virgin Islands, in the

conduct of fish restoration and

management projects, as defined in

Section 777a of this title, upon such

terms and conditions as he shall deem

fair, just, and equitable* * *’’ Under

this authority, we propose to let these

jurisdictions spend a higher share of

their program funds on aquatic

education and outreach and

communications, on the grounds that

doing so is fair, just, and equitable

because of the unique characteristics

that set them apart from the States.

The District of Columbia has a very

small land base in District ownership

(most of the riverfront land is owned by

the National Park Service), limited

aquatic resources (portions of two rivers

and assorted small ponds and streams),

and a very high urban population. The

District commits a steady amount of

funding for fisheries research and

survey work in those portions of the two

rivers that flow through its boundaries

and for maintenance of its boating

access facilities. Because of the land

ownership situation, however, limited

opportunities exist for the District to

acquire land or to build additional boat

access facilities, hatcheries, or fishing

piers. In 1987 the District began an

aquatic education program that has

grown steadily and provides diverse,

high-quality education programs for

D.C. students and other citizens. The

District’s urban population creates the

opportunity and need for developing

innovative education strategies. While

the demand for aquatic education

remains high, the District’s program

cannot provide all the services

requested because, under the current

rules, the agency is limited to 10 percent

of the total apportionment to spend on

aquatic education programs.

The Commonwealth of Puerto Rico,

the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin

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Islands, and American Samoa, although

located over large geographical areas,

have limited land mass. These islands

are mostly small, separate land masses,

creating special educational needs on an

island-by-island basis. Unlike the U.S.

mainland, which has reservoirs and

lakes, the islands have an array of

riverine, estuarine, and coastal habitats

in very close proximity. Island aquatic

ecosystems are less resilient than their

continental counterparts. Thus,

education on the conservation of aquatic

resources on these islands becomes

more critical.

Despite these unique characteristics,

our current regulations in 50 CFR part

80 impose the same limitation on the

education, outreach and

communications funding of the

Commonwealth of Puerto Rico, the

District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa as they do on all the

States. For the reasons just described,

we believe the District of Columbia and

the U.S. insular territories and

commonwealths should be allowed

discretion in determining the funding

needed for aquatic education and

outreach and communications. However

we are proposing to authorize Service

Regional Directors to make final

determinations regarding spending for

this purpose. With this proposed rule

change, the Commonwealth of Puerto

Rico, the District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa will gain the flexibility

to spend more on aquatic education and

outreach and communications

programs, if given approval to do so by

the appropriate Service Regional

Director.

Required Determinations

We have examined this action under

the Paperwork Reduction Act (PRA) of

1995 and found it to contain no new or

revised information collection

requirements. However a new section,

50 CFR 80.27, is added to fulfill the

public notice requirements of the PRA

for existing approved information

collection requirements contained in

part 80.

This document was not subject to

review by the Office of Management and

Budget under Executive Order 12866,

Regulatory Planning and Review. It is

not a significant regulatory action.

This rule will not have an annual

economic effect of $100 million or

adversely affect an economic sector,

productivity, jobs, the environment, or

other units of government. A costbenefit and economic analysis is not

required because of the low dollar

amount of this proposed rule change.

This change would simply redistribute

existing money. The District of

Columbia, the Commonwealth of the

Northern Mariana Islands, Guam, the

Virgin Islands, and American Samoa

(but not Puerto Rico) each receive an

annual apportionment of one-third of

one percent of the Sport Fish

Restoration account. Over the last 10

years, this amount has ranged from

about $580,000 to $910,000, with an

average of approximately $720,000 per

year. In 2000, the apportionment was

$803,128, which permitted them to each

spend $120,469 (15 percent) for aquatic

education and outreach and

communications. Puerto Rico, which

receives 1 percent, has a 10-year average

of $2,164,533, with a 2000

apportionment of $2,409,383, and

currently has an aquatic education and

outreach and communications spending

limit of $361,407. The dollar amounts of

this proposed rule will not have a major

effect on the affected economies, since

the money would have been obligated

under programs other than aquatic

education and outreach and

communications without this change.

This rule will not create

inconsistencies with other agencies’

actions or materially affect entitlements,

grants, user fees, loan programs, or the

rights and obligations of their recipients.

This rule increases the allowable

spending levels of Sport Fish

Restoration dollars for aquatic education

and outreach and communications, not

the total apportionment for the

recipients.

This rule will not raise novel legal or

policy issues. The 15-percent limit

applying to States was done through

congressional action. The requested

raised spending authority for the

District of Columbia and the U.S.

insular territories and commonwealths

simply recognizes the different

situations that these recipients have

concerning opportunities for aquatic

education and outreach and

communications projects. The Act

authorizes cooperation with the

Commonwealth of Puerto Rico, the

District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa. If not obligated, the

money reverts after 2 years to the

Service.

We are soliciting comments on the

readability of this proposed rule change

and conformance with ‘‘plain language’’

guidelines. Please send comments to

Chief, Division of Federal Aid, U.S. Fish

and Wildlife Service, 4401 North

Fairfax, Suite 140, Arlington, VA 22030.

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during regular business hours.

Individual respondents may request that

we withhold their home address from

the rulemaking record, which we will

honor to the extent allowable by law.

There also may be circumstances in

which we would withhold from the

rulemaking record a respondent’s

identity, as allowable by law. If you

wish us to withhold your name and/or

address, you must state this

prominently at the beginning of your

comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifyng themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

The Department of the Interior

certifies that this proposed rule will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act of

1980 (5 U.S.C. et seq.). This action

affects, by giving them more flexibility,

the Commonwealth of Puerto Rico, the

District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa. These governmental

entities govern populations of more than

50,000, and, therefore, they are not

small entities as defined in 5 U.S.C. 601.

The proposed change simply allows for

the redistribution of existing funds.

In the District of Columbia, two

constraints on the use of Sport Fish

Restoration funds are (1) fisheries and

water resources are limited to about 30

miles of river and a few impoundments

and wetland areas and (2) most of the

undeveloped shoreline in the District,

which would be used to develop boat

access sites, is owned by the National

Park Service. The District’s population

of 650,000 people offers both a need and

an opportunity for education. A greater

public benefit can be achieved by

allowing spending above the cap for the

District of Columbia. The District would

expand and improve the work outlined

in its current 5-year plan, including

building an addition to the heavily used

Aquatic Education Center to include

classrooms and a wet lab for both

fisheries research and educational

demonstrations and expanding the

summer youth program and in-school

program to reach a greater percentage of

constituents.

The Commonwealth of Puerto Rico,

the Commonwealth of the Northern

Mariana Islands, Guam, the Virgin

Islands, and American Samoa are very

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules 36655

diverse in culture and language, creating

a need for multiple approaches to

similar conservation issues. Letting the

Regional Directors approve spending

above 15 percent will allow more

flexibility to use education and outreach

and communications to help prevent

and solve fisheries and aquatic resource

problems.

Additional funding for aquatic

education and outreach and

communications will benefit local

residents without appreciable losses in

management capability. No discernible

effects on product prices or other

economic effects are associated with

this rule.

We have determined and certify

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rulemaking will not impose a cost

of $100 million or more in any given

year on local, State, or territorial

governments or private entities.

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule does not have an annual effect

on the economy of $100 million or

more; will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State,

territorial, or local government agencies,

or geographic regions; and does not

have significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of U.S.-based enterprises to compete

with foreign-based enterprises. This rule

change would allow redirection of

certain monies within a total

apportionment; no added or reduced

total funding is involved in this change.

We have determined that these

proposed regulations meet the

applicable standards provided in

sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform.

In accordance with Executive Order

13132, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. This rule

gives the recipients (the District of

Columbia, the Commonwealth of Puerto

Rico, the commonwealth of the northern

Mariana Islands, Guam, the Virgin

Islands, and American Samoa) more

self-determination by allowing them

more flexibility in their spending

decisions.

List of Subjects in 50 CFR Part 80

Fish, Grant programs, Natural

resources, Reporting and recordkeeping

requirements, Wildlife.

Accordingly, we propose to amend

part 80 of title 50 of the Code of Federal

Regulations as follows:

PART 80—[AMENDED]

1. The authority citation for part 80

continues to read as follows:

Authority: 16 U.S.C. 777i; 16 U.S.C. 669i;

18 U.S.C. 701.

2. Section 80.15, is revised to read as

follows:

§80.15 Allowable costs.

(a) What are allowable costs?

Allowable costs are costs that are

necessary and reasonable for

accomplishment of approved project

purposes and are in accordance with the

cost principles of OMB Circular A–87.

(b) What is required to determine the

allowability of costs? All costs must be

supported by source documents or other

records as necessary to substantiate the

application of funds. Such

documentation and records are subject

to review by the U.S. Fish and Wildlife

Service and, if necessary, the Secretary

to determine the allowability of costs.

(c) Are costs allowable if they are

incurred prior to the date of the grant

agreement? Costs incurred prior to the

effective date of the grant agreement are

allowable only when specifically

provided for in the grant agreement.

(d) How are costs allocated in

multipurpose projects or facilities?

Projects or facilities designed to include

purposes other than those eligible under

either the Sport Fish Restoration or

Wildlife Restoration Acts must provide

for the allocation of costs among the

various purposes. The method used to

allocate costs must produce an equitable

distribution of costs based on the

relative uses or benefits provided.

(e) What is the limit on administrative

costs for State central services?

Administrative costs in the form of

overhead or indirect costs for State

central services outside of the State fish

and wildlife agency must be in accord

with an approved cost allocation plan

and cannot exceed in any 1 fiscal year

3 per centum of the annual

apportionment to that State. Each State

has a State Wide Cost Allocation Plan

that describes approved allocations of

indirect costs to agencies and programs

within the State.

(f) How much money may be

obligated for aquatic education and

outreach and communications?

(1) Each of the 50 States may spend

no more than 15 percent of the annual

amount apportioned to it under

provisions of the Federal Aid in Sport

Fish Restoration Act for an aquatic

education and outreach and

communications program for the

purpose of increasing public

understanding of the Nation’s water

resources and associated aquatic life

forms.

(2) The Commonwealth of Puerto

Rico, the District of Columbia, the

Commonwealth of the Northern Mariana

Islands, Guam, the Virgin Islands, and

American Samoa are not limited to the

15-percent cap imposed on the 50

States. Each of these entities may spend

more for these purposes with the

approval of the appropriate Regional

Director.

3. A new § 80.27 is added to read as

follows:

§ 80.27 What are the information collection

requirements in this part?

(a) Information gathering

requirements include filling out forms

to apply for certain benefits offered by

the Federal Government. Information

gathered under this part is authorized

under the Federal Aid in Sport Fish

Restoration Act (16 U.S.C. 777–777l)

and the Federal Aid in Wildlife

Restoration Act (16 U.S.C. 669–669i).

The Service may not conduct or

sponsor, and you are not required to

respond to, a collection of information

unless the request displays a currently

valid OMB control number. Our

requests for information will be used to

apportion funds and to review and make

decisions on grant applications and

reimbursement payment requests

submitted to the Federal Aid Program.

(b) OMB Circulars A–110 and A–102

require the use of several Standard

Forms: SF–424, SF–424A and SF–424B,

SF–269A and SF–269B, SF–270, SF–271

and SF–272. Combined, as many as

12,000 of these forms are used annually

by grant applicants. The individual

burden is approximately 1 hour to

compile information and complete each

form; the total burden is approximately

12,000 hours (approximately 3,500

grants are awarded/renewed each year,

but not all forms are used for all grants).

These forms are needed to document

grant applications and requests for

reimbursement.

(c) Part 1 Certification (form 3–154A)

and Part 2 Summary of Hunting and

Sport Fishing License Issued (form 3–

154B) (OMB Approval 1018–0007)

require approximately 1⁄2 hour from

each of 56 respondent States and

territories for a total burden of 28 hours.

The information is routinely collected

by the States and territories and easily

transferred to these forms and certified.

This information is used in a statutory

formula to apportion funds among the

grant recipients.

(d) The Grant Agreement, 3–1552, and

Amendment to Grant Agreement, 3–

1591 (OMB Approval 1018–0049)

require approximately 1 hour to gather

36656 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules

relevant information, review, type, and

sign. This information is compiled in

the normal agency planning processes

and transferred to these forms.

Recipients nationwide complete

approximately 3,500 Grant Agreement

forms and 1,750 Amendment to Grant

Agreement forms during any fiscal year

for a total burden of 5,250 hours. This

information is used to document

financial awards made to grant

recipients and amendments to these

awards.

(e) The public is invited to submit

comments on the accuracy of the

estimated average burden hours needed

for completing Part I—Certification, Part

II—Summary of Hunting and Sport

Fishing License Issued, Grant

Agreement, and Amendment to Grant

Agreement forms and to suggest ways in

which the burden may be reduced.

Comments may be submitted to: U.S.

Fish and Wildlife Service, Information

Collection Clearance Officer, 4401 North

Fairfax Drive, Suite 222, Arlington, VA

22203.

Dated: May 11, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–14586 Filed 6–8–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000511132–0132–01; I.D.

042400I]

RIN 0648–AM04

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement provisions of a regulatory

amendment prepared by the Gulf of

Mexico Fishery Management Council

(Council) in accordance with framework

procedures for adjusting management

measures of the Fishery Management

Plan for the Reef Fish Resources of the

Gulf of Mexico (FMP). These proposed

regulations would modify the

recreational and commercial red

snapper fishing seasons; allocate twothirds of the commercial red snapper

quota for the spring fishing season, with

the remainder available for the fall

fishing season; increase the recreational

minimum size limit for red snapper; and

reinstate a 4-fish recreational red

snapper bag limit for captain and crew

of for-hire vessels (charter vessels and

headboats). The intended effect of these

proposed regulations is to maximize the

economic benefits from the red snapper

resource within the constraints of the

stock rebuilding program for this

overfished resource.

DATES: Comments must be received no

later than 4:30 p.m., eastern standard

time, on July 10, 2000.

ADDRESSES: Written comments on the

proposed rule must be sent to Dr. Roy

E. Crabtree, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702. Comments

may also be sent via fax to 727–570–

5583. Comments will not be accepted if

submitted via e-mail or Internet.

Requests for copies of the regulatory

amendment, which includes an

environmental assessment, a regulatory

impact review (RIR), and an initial

regulatory flexibility analysis (IRFA)

should be sent to the Gulf of Mexico

Fishery Management Council, 3018 U.S.

Highway 301 North, Suite 1000, Tampa,

FL 33619–2266; Phone: 813–228–2815;

Fax: 813-225–7015; E-mail:

gulf.council@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Dr.

Roy E. Crabtree, telephone: 727–570–

5305, fax: 727–570–5583, e-mail:

Roy.Crabtree@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the exclusive economic

zone (EEZ) of the Gulf of Mexico is

managed under the FMP. The FMP was

prepared by the Council and is

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) by regulations

at 50 CFR part 622.

Under the regulatory amendment, the

Council has proposed adjusted

management measures for the Gulf red

snapper commercial and recreational

fisheries. Under provisions of the FMP,

these measures, if approved and

implemented, would continue in effect

until changed through a subsequent

rulemaking action. The Council has

submitted the regulatory amendment to

NMFS for review, approval, and

implementation. The measures in this

regulatory amendment were developed

and submitted to NMFS under the terms

of the FMP’s framework procedure for

annual adjustments in management

measures for the red snapper fishery.

The proposed regulations would

implement the measures contained in

the Council’s regulatory amendment.

Background

The measures contained in the

proposed rule, except for the change in

the start date of the fall commercial

season and the minor change in the

allocation of the commercial quota,

were implemented by interim rule (64

FR 71056, December 20, 1999). This

proposed rule would implement these

measures on a permanent basis.

The measures contained in this

proposed rule are needed to reduce

overfishing, while allowing the total

allowable catch (TAC) of red snapper to

be harvested by fair, equitable, and

effective means. These changes would

reduce overfishing by: (1) increasing the

likelihood of compatible closures of

state waters during Federal closures,

thereby improving enforcement of

closures of the EEZ recreational red

snapper fishery and reducing the

harvest from state waters during Federal

closures; (2) improving compliance with

Federal regulations by opening the

recreational fishery during the time of

greatest demand and reducing confusion

among anglers by promoting compatible

state and Federal regulations; and (3)

reducing the rate of harvest in the

commercial fishery, thus reducing the

probability of the commercial fishery

exceeding its quota.

These red snapper measures are

based, in part, on the recommendations

to the Council from a stakeholder

conference held in New Orleans, LA, on

September 27, 1999. Stakeholders’

recommendations for the recreational

red snapper fishery included a 4-fish

bag limit for the captain and crew of forhire vessels, a minimum size limit not

to exceed 16 inches (40.6 cm), and a

March 1 to October 31 recreational

season. The interim rule was necessary

to implement these changes before the

2000 fishing seasons began.

Section 407(d) of the MagnusonStevens Act requires NMFS to close the

Gulf of Mexico recreational red snapper

fishery after the recreational quota

(currently 4.47 million lb (2.03 million

kg)) is caught. The recreational fishery

was closed on November 27 in 1997, on

September 29 in 1998, and on August 29

in 1999. Under the regulations in place

prior to promulgation of the interim

rule, i.e., a 4-fish bag limit and a 15-inch

(38.1-cm), minimum size limit, NMFS

projected that with a January 1 opening

date for the recreational fishery, the

2000 quota (4.7 million lb (2.03 million

kg)) would be reached on July 29, 2000;