36810 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules

DATES: Additional hearings will be held

on July 6 and 7, 2000, 8:30 a.m. to 4:30

p.m. in Washington, DC.

FOR FURTHER INFORMATION CONTACT:

General Information. To request time to

be heard and for other general

information about the session, contact

Mr. Stanley Hamilton, Office of

Regulatory Development, (202) 366–

0665. Specific Information. For

information concerning the rulemaking,

contact Mr. David Miller, Office of Bus

and Truck Standards, (202) 366–1790,

or Mr. Charles Medalen, Office of the

Chief Counsel, Federal Highway

Administration, (202) 366–1354. Office

hours are from 7:45 a.m. to 4:15 p.m, et,

Monday through Friday, except Federal

holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

Internet users may access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days a year. Please follow

the instructions online for more

information and help.

An electronic copy of this document

may be downloaded by using a

computer, modem and suitable

communications software from the

Government Printing Office’s Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Office of the Federal Register’s web page

at http://www.access.gpo.gov./nara.

Internet users may also find this

document at the FMCSA’s Motor Carrier

Regulatory Information Service

(MCREGIS) web site for notices at http:/

/www.fmcsa.dot.gov/rulesregs/fmcsr/

rulemakings.htm.

Background

The earlier hearings, each of two days’

duration, took place between May 31

and June 30 in Washington, DC;

Ontario, CA; Golden, CO; Kansas City,

MO; Indianapolis, IN; Vernon, CT; and

Jackson, GA.

The additional hearing will be held

Thursday and Friday, July 6 and 7,

2000, from 8:30 a.m. to 4:30 p.m. in

Room 4200 of the DOT headquarters

building, 400 Seventh Street, SW.,

Washington, DC 20590. Speakers must

limit their oral presentations to not

more than 10 minutes duration.

Presenters may submit additional

written documentation to be placed in

the public docket.

All persons who would like to

participate must request to do so by

telephoning Mr. Stanley Hamilton at

(202) 366–0665 by 4 p.m., et., on Friday,

July 7, 2000.

All persons participating will be

subject to Federal and DOT workplace

security measures. All persons will need

identification with a picture on it and

must display the identification to DOT

security officers. All persons will be

required to sign in at the guard desk and

walk through metal detectors. All

visitors will be required to wear a

‘‘Visitor’’ badge at all times while in the

DOT building.

The DOT security office will limit and

monitor the public’s access and

movement through the DOT building.

All persons requesting to participate in

the sessions, but failing to satisfy DOT

security requirements, will be denied

entry into the building and will forfeit

the opportunity to participate. Such

persons will be allowed to submit

written comments to the docket, at the

above address, by the close of business

on July 31, 2000.

Authority: 49 U.S.C. 504, 14122, 31133,

31136, and 31502; sec. 113, Pub. L. 103–311,

108 Stat. 1673, 1676; and 49 CFR 1.73.

Issued on: June 1, 2000.

Julie Anna Cirillo,

Acting Assistant Administrator.

[FR Doc. 00–14691 Filed 6–9–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration (NOAA)

50 CFR Part 679

[Docket No. 000524152–0152–01; I.D.

030100C]

RIN 0648–AM34

Fisheries of the Exclusive Economic

Zone Off Alaska; Requirement to Use

Vessel Monitoring System Transmitter

for Atka Mackerel in Aleutian Islands

Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS publishes a proposed

rule to require vessels participating in

the directed fishery for Atka mackerel in

the Aleutian Islands subarea (AI) of the

Bering Sea and Aleutian Islands Area to

carry and use a Vessel Monitoring

System (VMS) transmitter. This action is

necessary to enhance monitoring of

fishery activities within critical habitat

areas. It is intended to further the

conservation goals and objectives of the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP).

DATES: Comments must be received by

June 26, 2000.

ADDRESSES: Comments may be mailed to

Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802–1668,

Attn: Lori Gravel. Comments will not be

accepted if submitted via e-mail or

Internet. Hand or courier delivered

comments may be sent to the Federal

Building, 709 West 9th Street, Room

453, Juneau, AK 99801. Copies of the

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (RIR/

IRFA) prepared for this action may be

obtained from the same address or by

calling the Alaska Region, NMFS, at

907–586–7228. Send comments on

collection-of information requirements

to the above address and to the Office

of Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Washington DC 20503 (Attn:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The number of Steller sea lions

(Eumetopias jubatus) in the Bering Sea

and Aleutian Islands Management Area

has declined significantly during the

past several decades and in 1997 NMFS

listed the western stock of Steller sea

lions as an endangered species. A

requirement of the Endangered Species

Act is that Federal actions affecting the

critical habitat of a listed species must

not jeopardize the continued existence

of the populations of those species or

adversely affect or modify their critical

habitat. Atka mackerel is an important

prey species for Steller sea lions and

stocks adequate for the food needs of

Steller sea lions must remain available

in Steller sea lion critical habitat.

Hence, the Atka mackerel fishery must

be managed to provide for the food

needs of Steller sea lions and avoid

potential jeopardy to them.

On January 22, 1999, NMFS

published a final rule that reduces the

percentage of Atka mackerel taken from

Steller sea lion critical habitat over a 4-

year period in the Western and Central

Districts of the AI (64 FR 3446). The

final rule also prohibits all trawling for

groundfish within areas designated as

Steller sea lion critical habitat when

NMFS determines that the harvest of

Atka mackerel has reached the

applicable limits specified in the

Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules 36811

regulations for the year and district. A

critical habitat trawl closure remains in

effect until NMFS closes the Atka

mackerel fishery in that area.

The Atka mackerel fishery is a highvolume, low-value fishery pursued by a

small group of large factory trawlers,

mostly greater than 200 feet (61 m) in

length. In 1997, for example, 12 factory

trawlers participated in the AI Atka

mackerel fishery, with 8 of these vessels

accounting for over 80 percent of the

retained catch in the fishery. The fishery

is highly localized and occurs at depths

between 100 and 200 meters in the same

few locations each year, most commonly

in island passes. Important Atka

mackerel fishing locations in the AI

include Seguam Pass, Tanaga Pass,

Petrel Bank, and the seamounts and

reefs near Buldir Island. All of these

locations are in or near Steller sea lion

critical habitat.

When critical habitat areas are closed,

continued Atka mackerel fishing takes

place very close or adjacent to the

closed critical habitat areas. The

boundaries of these areas are complex,

the areas are remote, and the weather is

frequently poor. Ensuring that no

fishing is taking place inside critical

habitat using traditional methods of

enforcement, such as aerial surveillance,

is difficult. Effective enforcement of

these closures will be greatly enhanced

if vessels participating in the fishery use

a VMS transmitter that automatically

and frequently transmits vessel position

to NMFS so that vessels fishing near

critical habitat can be monitored

closely.

NMFS’ intent to implement a VMS in

1999 before the Atka mackerel ‘‘B’’

season, beginning September 1, 1999,

was noted in the final rule that

established the protective measures (64

FR 3446, January 22, 1999). The North

Pacific Fishery Management Council

determined that the additional

information provided by a VMS

program would assist in the

management of the Atka mackerel

fishery and requested that NMFS

develop regulations to implement such

a system.

Under this action, a vessel

participating in a directed fishery for

Atka mackerel in the AI would be

required to have an operating NMFSapproved VMS transmitter on board.

These transmitters automatically

determine the vessel’s location several

times per hour using Global Positioning

System satellites and send the position

information to NMFS via a mobile

communication service provider. The

VMS transmitters are designed to be

tamper-resistant and automatic. In most

cases, the vessel owner would be

unaware of exactly when the unit was

transmitting and would be unable to

alter the signal or the time of

transmission. NMFS estimates that a

NMFS-approved VMS transmitter

would cost approximately $1,800 per

unit and the charge to the vessel owner

for the transmission of VMS position

data would be $5 per day.

The VMS Approval Process

A VMS consists of a NMFS-approved

VMS transmitter that automatically

determines the vessel’s position and

transmits it to a NMFS-approved

communications service provider. The

communications service provider

receives the transmission and relays it

to NMFS. On March 31, 1994, NMFS

published standards for the use of VMS

(59 FR 15180). NMFS will use the

criteria described below, which are

based on the 1994 standards, to approve

VMS transmitters and communication

service providers.

1. The VMS transmitter must be

tamper-proof and it must be impossible

for the vessel operator to input false

position information;

2. The VMS transmitter must be able

to determine, store and transmit vessel

position;

3. The VMS transmitter must allow

for regular as well as random

automatically generated position

reporting. The interval between position

reports must be programmable;

4. Each position report must include:

(a) the vessel location, accurate within

400 m; (b) a transmitter identifier that is

unique to that transmitter; and (c) the

date and time that the vessel position

was taken;

5. The VMS transmitter must be

equipped with an onboard alarm system

that will alert the vessel crew if the unit

malfunctions or is not able to transmit;

6. The VMS transmitter, in

conjunction with the VMS

communication service provider, must

provide seamless and transparent

communications from any location

within the exclusive economic zone off

Alaska;

7. The transmitter must be able to fix

the vessel’s position at least once every

20 minutes and be able to store those

positions in local, non-volatile memory

until they can be transmitted to, and

received by, the communication service

provider;

8. In addition to regular position

reports, the VMS transmitter must be

capable of transmitting a specially

identified status report giving the vessel

position whenever the transmitter is

powered-up, powered-down, is unable

to determine vessel position or has its

antenna disconnected;

9. It must not be possible for the

vessel operator to determine when the

VMS transmitter is transmitting or

taking a position for later transmission;

10. Transmissions from the VMS

transmitter and the communication

service provider must be secure, and it

must not be possible for unauthorized

parties to intercept vessel location

information.

NMFS will publish notice in the

Federal Register as VMS components

are approved for use. At this time,

NMFS believes that only the Argos

system is suitable for use in all areas off

Alaska. The Argos system uses the

ArgoNet Mar GE transmitter in

conjunction with the Argos system of

polar-orbiting satellites. While there are

other space-based communications

service providers that provide coverage

for waters off Alaska, such as InmarsatC, only the Argos system has

demonstrated that it offers 100 percent

coverage of all areas off Alaska.

However, because of the rapid pace of

technological change in the field of

satellite-based vessel monitoring, NMFS

anticipates that other vendors will

produce VMS components that meet all

NMFS standards in the near future.

NMFS will contact the owners of all

vessels that participated in the AI Atka

mackerel fishery in 1998 or 1999 and

ensure that they are aware of which

VMS transmitters have been approved

by NMFS and have received installation

instructions. Owners of vessels that

wish to participate in AI Atka mackerel

fisheries that did not do so in 1997 or

1998 would need to contact the

Sustainable Fisheries Division (see

ADDRESSES) and request a list of

NMFS-approved VMS transmitters. In

most instances, NMFS anticipates that

the installation of the VMS transmitter

would take less than 6 hours.

Installation would be the responsibility

of the vessel owners.

This regulatory amendment would

require that the owner or operator of a

vessel participating in the AI Atka

mackerel fishery carry and use a NMFSapproved VMS transmitter at all times

when engaging in directed fishing for

Atka mackerel. Trawl vessels not

carrying properly installed and

operating VMS units would be

prohibited from retaining Atka mackerel

at more than the maximum retainable

amount of 20 percent established in

regulations at § 679.20(e) and (f) while

fishing in the AI subarea.

This proposed rule would also revise

regulations governing Atka mackerel

harvest in the Community Development

Quota (CDQ) fisheries. Current

regulations prohibit any trawling by a

CDQ group in the critical habitat areas

36812 Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules

after the specified percent of the group’s

annual Atka mackerel CDQ has been

reached. These regulations do not allow

the CDQ groups to account separately

for Atka mackerel catch inside and

outside the critical habitat areas, but

rather assume that all catch of Atka

mackerel is made within the critical

habitat areas until the maximum percent

is reached and the critical habitat area

closes. NMFS proposes to change these

requirements so that each CDQ group

would be prohibited from catching more

than the specified percentage of its Atka

mackerel CDQ inside the critical habitat

areas. The CDQ groups and NMFS

would use catch location data for each

haul collected by observers onboard the

vessels to determine whether the Atka

mackerel was caught inside the critical

habitat area. This action will provide

greater flexibility to the CDQ groups for

management of their Atka mackerel

CDQs. Further, these proposed revisions

would create a management structure

for the CDQ Atka mackerel fishery

consistent with the management

structure that NMFS intends to propose

later in 2000 for management of pollock

CDQ fishing in the Bering Sea critical

habitat areas.

Classification

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a 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 proposed rule contains a new

collection-of-information requirement

subject to review and approval by OMB

under the Paperwork Reduction Act

(PRA). This collection-of-information

requirement has been submitted to OMB

for approval. The new information

requirements include the requirement to

install, maintain, and use a NMFSapproved VMS unit. The public

reporting burden for this collection of

information is estimated to average 6

hours to install the unit, 4 hours per

year to maintain the unit, and 5 seconds

per response to transmit data. 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.

Public comment is sought regarding

whether this proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information has 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 other forms of information

technology.

Send comments regarding this burden

estimate or any other aspect of the

collection of information to NMFS at the

previously listed ADDRESS, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, D.C. 20503 (Att:

NOAA Desk Officer).

NMFS prepared an IRFA for this

proposed rule pursuant to the

requirements of 5 U.S.C. 603, without

first determining whether the proposal

would have a significant impact on a

substantial number of small entities.

The following is a summary of the IRFA:

This action would require that factory

trawlers participating in the Aleutian

Islands Atka mackerel fishery carry and

use a VMS unit. It is intended to

facilitate NMFS’ ability to ensure that

federally managed fisheries not

adversely affect designated critical

habitat, and it is being promulgated

under the authority of the MagnusonStevens Act. This action will have a

small but negative impact on the

approximately 13 factory trawlers that

fish for Atka mackerel in the Aleutian

Islands. NMFS believes that none of the

vessels that fish for Atka mackerel in the

Aleutian Islands would qualify as small

entities. The preferred alternative would

impose a new reporting and

recordkeeping requirement on these

vessels of approximately 12.1 hours per

year per vessel. It would not duplicate,

overlap, or conflict with existing

Federal rules. In addition to the

preferred alternative, NMFS considered

a ‘‘no action’’ alternative that would not

require the use of VMS units for vessels

engaged in directed fishing for Atka

mackerel in the Aleutian Islands. This

alternative was rejected because it

would fail to relieve an unnecessary

restriction on vessels participating in

other fisheries, and because it would fail

to meet NMFS’ need to facilitate

monitoring and enforcement of Steller

sea lion protective measures.

A copy of the RIR/IRFA can be

obtained from NMFS (see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

that directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this proposed rule.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: June 6, 2000.

Bruce C. Morehead,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 679 is proposed

to be amended as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for part 679

continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq. and 3631 et seq.

2. In § 679.7, paragraph (a)(2) is

revised and a new paragraph (c)(3) is

added to read as follows:

§ 679.7 Prohibitions.

(a) * * *

(2) Conduct any fishing contrary to

notification of inseason action, closure,

or adjustment issued under § § 679.20,

679.21, 679.22 or 679.25.

* * * * *

(c) * * *

(3) Use a vessel to participate in a

directed fishery for Atka mackerel in the

Aleutian Islands subarea unless that

vessel carries a NMFS-approved Vessel

Monitoring System (VMS) transmitter

and complies with the requirements

described at § 679.28(f).

* * * * *

3. In § 679.22, paragraph (a)(8)(iii)(D)

is revised to read as follows:

§ 679.22 Closures.

(a) * * *

(8) * * *

(iii) * * *

(D) CDQ fishing. Harvesting

groundfish CDQ with trawl gear is

prohibited within areas designated as

Steller sea lion critical habitat in the

Western and/or Central Districts of the

AI (see Table 1, Table 2, and Figure 4

to part 226 of this title) for the duration

of the year when the Regional

Administrator announces, by

notification in the Federal Register, that

the harvest of Atka mackerel within the

critical habitat areas by vessels fishing

for CDQ groups has reached the

applicable percentage specified for the

year and district at paragraph

(a)(8)(iii)(B) of this section.

* * * * *

4. In § 679.28, the section heading and

paragraph (a) are revised and a new

paragraph (f) is added to read as follows:

Federal Register / Vol. 65, No. 113 / Monday, June 12, 2000 / Proposed Rules 36813

§ 679.28 Equipment and operational

requirements.

(a) Applicability. This section

contains the requirements for scales,

observer sampling stations, bins for

volumetric estimates, and vessel

monitoring system hardware. This

section does not require any vessel or

processor to provide this equipment.

Such requirements appear elsewhere in

this part.

* * * * *

(f) Vessel Monitoring System (VMS)

Requirements. (1) What is a VMS? A

VMS consists of a NMFS-approved VMS

transmitter that automatically

determines the vessel’s position and

transmits it to a NMFS-approved

communications service provider. The

communications service provider

receives the transmission and relays it

to NMFS.

(2) How are VMS transmitters and

communications service providers

approved by NMFS? (i) NMFS publishes

type approval specifications for VMS

components in the Federal Register.

(ii) Transmitter manufacturers or

communication service providers may

submit products or services to NMFS for

evaluation based on the published

specifications.

(iii) NMFS will publish a list of

NMFS-approved transmitters and

communication service providers in the

Federal Register. As necessary, NMFS

will publish amendments to the list of

approved components in the Federal

Register.

(3) What are the vessel owner’s

responsibilities? If you are a vessel

owner that must participate in a VMS,

you or your crew must:

(i) Obtain a NMFS-approved VMS

transmitter and have it installed

onboard your vessel in accordance with

the instructions provided by NMFS.

You may get a copy of the VMS

installation and operation instructions

from the Regional Administrator upon

request.

(ii) Activate the VMS transmitter and

receive confirmation from NMFS that

the VMS transmissions are being

received before participating in a fishery

requiring the VMS;

(iii) Continue the VMS transmissions

until the fishery requiring VMS has

closed or until notified by NMFS staff

that you may stop transmissions;

(iv) Stop fishing immediately if

informed by NMFS staff or an

authorized officer that NMFS is not

receiving position reports from the VMS

transmitter;

(v) Make the VMS transmitter

available for inspection by NMFS

personnel, observers, or an authorized

officer;

(vi) Ensure that the VMS transmitter

is not tampered with, disabled,

destroyed, or operated improperly;

(vii) Pay all charges levied by the

communication service provider.

(2) [Reserved]

[FR Doc. 00–14775 Filed 6–9–00; 8:45 am]

BILLING CODE 3510–22–F