14764 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

entities for the purposes of the Regulatory 

Flexibility Act. Based on this determination, 

no initial regulatory flexibility analysis has 

been prepared. 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This requirement has been 

submitted to OMB for approval. The 

public reporting burden for these 

requirements is estimated to be 30 min 

for a new permit application, and 20 

min for completing a fishing logbook 

each day. Each estimate includes 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 (a) this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility, 

(b) the accuracy of the burden estimates, 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) 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 

on these or any other aspects of the 

collection of information to William L. 

Robinson (see ADDRESSES), and email to 

DavidlRostker@omb.eop.gov or fax to 

202–395–7285. 

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. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

natives, Northern Mariana Islands, 

Pacific Remote Island Areas, Reporting 

and recordkeeping requirements. 

Dated: March 23, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 665 is proposed 

to be amended as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

1. The authority citation for part 665 

continues to read as follows: 

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

2. In § 665.12, add the definition of 

‘‘Hawaii non-longline pelagic permit’’ to 

read as follows: 

§ 665.12 Definitions. 

* * * * * 

Hawaii non-longline pelagic permit 

means the permit required by § 665.21 

to use non-longline fishing gear to fish 

for Pacific pelagic management unit 

species in EEZ waters around Hawaii, 

the resulting catch of which either is, or 

is intended to be, sold, bartered, or 

traded. 

* * * * * 

3. In § 665.21, add a new paragraph 

(o) to read as follows: 

§ 665.21 Permits. 

* * * * * 

(o) The owner of any vessel used to 

fish for Pacific pelagic management unit 

species using non-longline gear in EEZ 

waters around Hawaii, the resulting 

catch of which either is, or is intended 

to be, sold, bartered, or traded, must 

have a valid Hawaii non-longline 

pelagic permit issued for the vessel. 

* * * * * 

5. In § 665.22, add new paragraph (uu) 

to read as follows: 

§ 665.22 Prohibitions. 

* * * * * 

(uu) Engage in fishing using nonlongline gear for Pacific pelagic 

management unit species in EEZ waters 

around Hawaii without a valid Hawaii 

non-longline pelagic permit as required 

under § 665.21(o). 

* * * * * 

[FR Doc. E7–5825 Filed 3–28–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070316061–7061–01; I.D. 

031907B] 

RIN 0648–AV13 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish Observer 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

to amend regulations supporting the 

North Pacific Groundfish Observer 

Program (Observer Program). This 

action is necessary to revise 

requirements for the facilitation of 

observer data transmission and improve 

inseason support for observers. The 

proposed rule would promote the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMPs). 

DATES: Written comments must be 

received by April 27, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by any of the following 

methods: 

• E-mail: 0648–AV13–PROCS@noaa.gov. Include in the subject 

line the following identifier: ‘‘OCS 

proposed rule.’’ E-mail comments, with 

or without attachments, are limited to 5 

megabytes; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK; or 

• Webform at the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

Copies of the Regulatory Impact 

Review/Initial Regulatory Flexibility 

Analysis (RIR/IRFA) prepared for this 

action may be obtained from the mailing 

address above or from the NMFS Alaska 

Region website at http:// 

www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jason Anderson, 907–586–7228, or 

jason.anderson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the U.S. groundfish 

fisheries of the Bering Sea and Aleutian 

Islands Management Area (BSAI) and 

Gulf of Alaska (GOA) in the Exclusive 

Economic Zone under the FMPs. The 

North Pacific Fishery Management 

Council (Council) has prepared the 

FMPs pursuant to the MagnusonStevens Fishery Conservation and 

Management Act. Regulations 

implementing the FMPs appear at 50 

CFR part 679. General regulations that 

pertain to U.S. fisheries appear at 

subpart H of 50 CFR part 600. 

The Council originally adopted and 

NMFS approved and implemented the 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14765 

current ‘‘interim’’ Observer Program 

(Observer Program) in 1996 (61 FR 

56425, November 1, 1996). Through 

interim extensions, Observer Program 

regulatory requirements have been 

extended through 2007 (62 FR 67755, 

December 30, 1997; 63 FR 69024, 

December 15, 1998; 65 FR 80381, 

December 21, 2000; and 67 FR 72595, 

December 6, 2002). A proposed rule that 

would extend regulations implementing 

the Observer Program indefinitely was 

published on February 22, 2007 (72 FR 

7948). 

The Observer Program provides the 

regulatory framework for the collection 

of data by observers to obtain 

information necessary for the 

conservation and management of the 

groundfish fisheries managed under the 

FMPs. Regulations implementing the 

Observer Program at § 679.50 require 

observer coverage aboard catcher 

vessels, catcher/processors, 

motherships, and shoreside and 

stationary floating processors that 

participate in the groundfish fisheries 

off Alaska, as well as establish vessel, 

processor, and observer provider 

responsibilities relating to the Observer 

Program. 

Timely electronic communication of 

catch reports submitted to NMFS by 

industry and observers is crucial for 

groundfish quota and prohibited species 

catch allowance monitoring. In July 

1995, NMFS issued a final rule (60 FR 

34904, July 5, 1995) that required 

computer hardware and software that 

enabled observers to send NMFS 

electronic data on all catcher/ 

processors, motherships, and shoreside 

processors that process groundfish. In 

October 2003, a final rule was published 

(68 FR 58038, October 8, 2003) that 

extended these requirements to all 

catcher vessels that are required to carry 

an observer at all times during fishing 

operations. In April 2006, a final rule 

(71 FR 20346, April 20, 2006) was 

issued that, in part, revised hardware 

requirements to allow software upgrades 

installation. These rulemakings referred 

to the electronic data submission and 

communications system as ‘‘Atlas.’’

Regulations describing hardware and 

software requirements for electronic 

submission of observer reports on all 

catcher/processors, motherships, 

catcher vessels required to carry an 

observer at all times, and from shoreside 

and stationary floating processors are 

found at § 679.50(g)(1) and (g)(2). This 

electronic data submission and 

communications system is now called 

the ‘‘observer communications system 

(OCS).’’ The OCS is comprised of 

computers and communications 

equipment supplied by catcher vessels, 

catcher/processors, motherships, and 

shoreside and stationary floating 

processors, as well as custom software 

provided by NMFS. The OCS allows 

observers to rapidly process and report 

the data they collect to NMFS. Its use on 

catcher vessels, catcher/processors, 

motherships, and shoreside and 

stationary floating processors has 

enhanced timely and accurate fisheries 

data reporting. 

Regulations at § 679.50(g)(1) and (g)(2) 

require each OCS-use computer to meet 

processing chip, memory, operating 

system, disk drives, and modem 

minimum specifications. Since its 

implementation, OCS requirements 

have been periodically revised through 

proposed and final rulemaking to 

require necessary upgrades as 

commercially available software became 

obsolete or unsupported by its 

manufacturer, or as NMFS upgraded the 

OCS software component to increase 

data quality and efficiency. 

Rather than propose necessary 

hardware and software component 

upgrades to support new OCS software, 

NMFS proposes to remove these specific 

requirements. NMFS proposes to require 

that each catcher vessel, catcher/ 

processor, mothership, and shoreside 

and stationary floating processor already 

subject to OCS requirements provide 

hardware and software that is fully 

functional and operational with the 

NMFS-supplied software. The term 

‘‘functional’’ would mean that all the 

tasks and components of the NMFS 

supplied software and data 

transmissions to NMFS could be 

executed effectively by the computer 

equipment. NMFS would no longer 

revise OCS hardware and software 

requirements through rulemaking. As 

changes to the software component of 

the OCS become necessary to support 

electronic communications of observer 

data, Observer Program staff would 

communicate in writing with vessel and 

plant personnel to describe those 

changes. Catcher vessels, catcher/ 

processors, motherships, and shoreside 

or stationary floating processors subject 

to OCS requirements would be required 

to ensure their computer hardware and 

software components continued to meet 

the functionality and operational 

requirements. 

Observer Program staff are currently 

upgrading the OCS software component. 

One reason for the upgrade is that the 

commercial database software used to 

store observer-collected information and 

interface with the OCS software is no 

longer supported by the manufacturer. 

The new OCS software should increase 

overall data quality by increasing the 

functionality and efficiency of the OCS, 

and interface with new, supported 

commercial database software. The new 

OCS software is expected to be available 

for installation for the 2008 fishing year. 

If this proposed regulation is adopted, 

catcher vessels, catcher/processors, 

motherships, and shoreside or 

stationary floating processors must 

ensure the OCS computer meets the 

minimum specifications necessary for 

the software to execute all of its tasks, 

including communication with NMFS 

computers to transmit data for the 2008 

fishing year. 

Changes to OCS Regulations 

Presently, § 679.50(g)(1)(iii)(B)(1) and 

(g)(2)(iii)(B)(1) describe the minimum 

hardware and software requirements for 

the computer provided for an observer’s 

use. This action proposes to remove 

these requirements except that the 

computer would still be required to be 

connected to a communication device 

that provides a point-to-point modem 

NMFS host computer connection. 

Proposed regulations at 

§ 679.50(g)(1)(iii)(B)(2) and 

(g)(2)(iii)(B)(2) would require catcher 

vessel, catcher/processor, mothership, 

and shoreside or stationary floating 

processor operators to install the most 

recent NMFS-provided OCS software 

version or other NMFS-approved, 

commercially available software. While 

no commercially available software has 

been approved at this time, NMFS 

would consider approving commercially 

available software in the future. 

Regulations at § 679.50(g)(1)(iii)(C) 

and (g)(2)(iii)(C) currently require all 

OCS hardware to be fully functional and 

operational. According to these 

regulations, ‘‘functional’’ means that the 

hardware can initiate and transmit data 

to NMFS. Under this action, 

‘‘functional’’ would be defined so that 

all of the NMFS-supplied, or other 

approved, software’s tasks and 

components must also be fully 

functional and operational on the 

computer equipment. Additionally, 

NMFS proposes to redesignate these 

paragraphs as § 679.50(g)(1)(iii)(B)(3) 

and (g)(2)(iii)(B)(3), respectively, to 

clarify that both software and hardware 

OCS components must be functional. 

The revisions described above are 

necessary to accommodate the larger, 

more sophisticated software and 

database programs provided, or other 

approved, by NMFS. 

Classification 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an initial regulatory 

flexibility analysis (IRFA) as required by 


pwalker on PROD1PC71 with PROPOSALS
14766 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

section 603 of the Regulatory Flexibility 

Act. The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. An action 

description, why it is being considered, 

and the legal basis for this action are 

contained at the beginning of the 

preamble and in the SUMMARY section 

of the preamble. An IRFA copy is 

available from NMFS (see ADDRESSES) 

and is not repeated here. An analysis 

summary follows. 

This proposed rule would require 

vessels and shoreside or stationary 

floating processors to meet current 

technology standards necessary to 

support OCS software changes as they 

occur. Entities subject to OCS 

requirements include all motherships, 

catcher/processors, shoreside or 

stationary floating processors and 

catcher vessels required to carry an 

observer at all times. These proposed 

actions would revise requirements for 

the facilitation of observer data 

transmission and improve support for 

observers. 

All motherships have gross revenues 

in excess of $4 million and are 

considered large entities. Data available 

for 2005 indicate that 17 of the 83 

catcher/processors active in the 

groundfish fisheries that year would be 

considered small entities. 

Confidentiality restrictions require 

NMFS to report gross revenue 

information in aggregate of four or more 

entities. These restrictions prevent 

NMFS from reporting the number of 

catcher vessels and shoreside or 

stationary floating processors regulated 

under this proposed action as small 

entities because each group is no larger 

than four. 

Alternative 1 described in the EA/ 

RIR/IRFA is the status quo alternative. 

Current regulations regarding 

computing and communications 

equipment would remain in effect. 

Alternative 2 would remove current 

hardware and software specifications for 

all vessels and shoreside or stationary 

floating processors currently subject to 

OCS requirements, and instead require 

them to ensure the computer provided 

for use by an observer meets the 

minimum specifications necessary for 

the NMFS-provided OCS software to 

execute all of its tasks, including 

communicate with NMFS computers to 

transmit data. 

Alternative 3 would revise current 

regulations to upgrade minimum 

hardware and software specifications for 

all vessels and shoreside or stationary 

floating processors currently subject to 

OCS requirements. Future changes to 

OCS software that would require 

hardware and software upgrades would 

require additional rulemaking. 

Upgrade costs to accommodate 

anticipated changes to OCS software are 

estimated to average $93 for all catcher/ 

processors, $200 for all motherships, 

$315 for all shoreside and stationary 

floating processors, and $438 for all 

catcher vessels required to carry an 

observer at all times under the proposed 

action. For the 17 catcher/processors 

considered small entities, the cost is 

estimated at about 0.004 percent of one 

year’s gross revenues. As noted above, 

NMFS is unable to report gross revenues 

for catcher vessels and shoreside or 

stationary floating processors 

considered small entities under this 

action. Therefore, OCS upgrade costs 

cannot be reported as a percentage of 

gross revenues for these entities. 

No additional recordkeeping, 

reporting, or compliance requirements 

are associated with this action. 

The analysis did not reveal any 

Federal rules that duplicate, overlap, or 

conflict with the proposed action. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: March 23, 2007. 

Samuel D. Rauch III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 679 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., 3631 et seq.; Pub. L. 108–199, 118 Stat. 

110. 

2. In § 679.50, paragraph (g)(1)(iii)(C) 

is redesignated as paragraph 

(g)(1)(iii)(B)(3) and revised; paragraph 

(g)(2)(iii)(C) is redesignated as paragraph 

(g)(2)(iii)(B)(3) and revised; and 

paragraphs (g)(1)(iii)(B)(1) and (2), and 

(g)(2)(iii)(B)(1) and (2) are revised to 

read as follows: 

§ 679.50 Groundfish Observer Program 

applicable through December 31, 2007. 

* * * * * 

(g) * * * 

(1) * * * 

(iii) * * * 

(B) * * * 

(1) Observer access to computer. 

Making a computer available for use by 

the observer. This computer must be 

connected to a communication device 

that provides a point-to-point 

connection to the NMFS host computer. 

(2) NMFS-supplied software. Ensuring 

that the catcher/processor, mothership, 

or catcher vessel specified in paragraph 

(g)(1) of this section has installed the 

most recent release of NMFS data entry 

software provided by the Regional 

Administrator, or other approved 

software. 

(3) Functional and operational 

equipment. Ensuring that the 

communication equipment required in 

paragraph (g)(1)(iii)(B) of this section 

and that is used by observers to enter 

and transmit data, is fully functional 

and operational. ‘‘Functional’’ means 

that all the tasks and components of the 

NMFS supplied, or other approved, 

software described at paragraph 

(g)(1)(iii)(B)(2) of this section and the 

data transmissions to NMFS can be 

executed effectively aboard the vessel 

by the communications equipment. 

* * * * * 

(2) * * * 

(iii) * * * 

(B) * * * 

(1) Observer access to computer. 

Making a computer available for use by 

the observer. This computer must be 

connected to a communication device 

that provides a point-to-point 

connection to the NMFS host computer. 

(2) NMFS-supplied software. Ensuring 

that the shoreside or stationary floating 

processor specified in paragraph (g)(2) 

of this section has installed the most 

recent release of NMFS data entry 

software provided by the Regional 

Administrator, or other approved 

software. 

(3) Functional and operational 

equipment. Ensuring that the 

communication equipment required in 

paragraph (g)(2)(iii)(B) of this section 

and that is used by observers to enter 

and transmit data, is fully functional 

and operational. ‘‘Functional’’ means 

that all the tasks and components of the 

NMFS supplied, or other approved, 

software described at paragraph 

(g)(2)(iii)(B)(2) of this section and the 

data transmissions to NMFS can be 

executed effectively aboard the vessel 

by the communications equipment. 

* * * * * 

[FR Doc. E7–5826 Filed 3–28–07; 8:45 am] 

BILLING CODE 3510–22–S 


pwalker on PROD1PC71 with PROPOSALS