10088 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

the specified time of publication in the 

Federal Register, the Federal Railroad 

Administration will publish a notice in 

the Federal Register indicating that no 

adverse comment was received and 

confirming that the rule will become 

effective on the date that was indicated 

in the direct final rule. 

(d) If the Federal Railroad 

Administration receives any written 

adverse comment or request for oral 

hearing within the specified time of 

publication in the Federal Register, a 

notice withdrawing the direct final rule 

will be published in the final rule 

section of the Federal Register and, if 

the Federal Railroad Administration 

decides a rulemaking is warranted, a 

notice of proposed rulemaking will be 

published in the proposed rule section 

of the Federal Register. 

(e) An ‘‘adverse’’ comment for the 

purpose of this subpart means any 

comment that the Federal Railroad 

Administration determines is critical of 

the rule, suggests that the rule should 

not be adopted, or suggests a change 

that should be made in the rule. 

Issued in Washington, DC, on February 27, 

2007. 

Joseph H. Boardman, 

Administrator. 

[FR Doc. E7–3923 Filed 3–6–07; 8:45 am] 

BILLING CODE 4910–06–P 

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. 

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 

§§ 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 

Jason.Rueter@noaa.gov and to David 

Rostker, Office of Management and 

Budget (OMB), by e-mail at 

DavidlRostker@omb.eop.gov, or by fax 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone 727–824–5305, 

fax 727–824–5308, e-mail 

Peter.Hood@noaa.gov. 

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, 

§ 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, § 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 

§ 622.9(a)(2), the VMS requirement, and 

§ 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 

§ 622.9(a)(2), the VMS requirement, and 

§ 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 §§ 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. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 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-ofinformation 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 

DavidlRostker@omb.eop.gov, 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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02; I.D. 

022207A] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS reduces the trip limit 

in the commercial hook-and-line fishery 

for king mackerel in the southern 

Florida west coast subzone to 500 lb 

(227 kg) of king mackerel per day in or 

from the exclusive economic zone 

(EEZ). This trip limit reduction is 

necessary to protect the Gulf king 

mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 3, 2007, through June 

30, 2007, unless changed by further 

notification in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone 727–824–

5305, fax 727–824–5308, e-mail 

steve.branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) 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. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

fishery in the southern Florida west 

coast subzone is 520,312 lb (236,010 

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

In accordance with 50 CFR 

622.44(a)(2)(ii)(B)(2), from the date that 

75 percent of the southern Florida west 

coast subzone’s quota has been 

harvested until a closure of the 

subzone’s fishery has been effected or 

the fishing year ends, king mackerel in 

or from the EEZ may be possessed on 

board or landed from a permitted vessel 

in amounts not exceeding 500 lb (227 

kg) per day. 

NMFS has determined that 75 percent 

of the quota for Gulf group king 

mackerel from the southern Florida west 

coast subzone has been reached. 

Accordingly, a 500–lb (227–kg) trip 

limit applies to vessels in the 

commercial fishery for king mackerel in 

or from the EEZ in the southern Florida 

west coast subzone effective 12:01 a.m., 

local time, March 3, 2007. The 500–lb 

(227–kg) trip limit will remain in effect 

until the fishery closes or until the end 

of the current fishing year (June 30, 

2007), whichever occurs first. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade 

County, Florida, boundary) along the 

west coast of Florida to 87°31.067prime; 

W. long. (a line directly south from the 

Alabama/Florida boundary). The 

Florida west coast subzone is divided 

into northern and southern subzones. 

From November 1 through March 31, 

the southern subzone is designated as 

the area extending south and west from 

25°20.4′ N. lat. to 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, Florida, boundary), i.e., the area 

off Collier and Monroe Counties. Based 

on the current total allowable catch and 

the allocation ratios, the quota for the 

southern Florida west coast subzone is 

1,040,625 lb (472,020 kg). The subzone’s 

quota is further divided into two equal 

520,312–lb (236,010–kg) quotas for 

vessels fishing with either run-around 

gillnets or hook-and-line gear. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 


sroberts on PROD1PC70 with RULES