Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 19453 

Dwelling Units 

32. MDU Operators. The SBA has 

developed definitions of small entities 

for operators of nonresidential 

buildings, apartment buildings, and 

dwellings other than apartment 

buildings, which include all such 

companies generating $6 million or less 

in revenue annually. According to the 

Census Bureau, there were 31,584 

operators of nonresidential buildings 

generating less than $6 million in 

revenue that were in operation for at 

least one year at the end of 1997. Also 

according to the Census Bureau, there 

were 51,275 operators of apartment 

dwellings generating less than $6 

million in revenue that were in 

operation for at least one year at the end 

of 1997. The Census Bureau provides no 

separate data regarding operators of 

dwellings other than apartment 

buildings, and we are unable at this 

time to estimate the number of such 

operators that would qualify as small 

entities. 

Description of Projected Reporting, 

Recordkeeping and Other Compliance 

Requirements 

33. We anticipate that any rules that 

result from this action would have at 

most a de minimis compliance burden 

on cable operators and 

telecommunications service entities. 

Any rules that might be adopted 

pursuant to this NPRM likely would not 

require any reporting or recordkeeping 

requirements. 

Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

34. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’

35. As discussed in the NPRM, the 

Commission has initiated this 

proceeding to ensure that use of 

exclusive contracts for the provision of 

video services to MDUs and other real 

estate developments are procompetitive. As noted above, applying 

any rules regarding the use of exclusive 

contracts in the provision of video 

services to MDUs or other real estate 

developments likely would have at most 

a de minimis impact on small 

governmental jurisdictions. We seek 

comment on the impact that any rules 

might have on such small governmental 

entities, as well as the other small 

entities described, and on what effect 

alternative rules would have on those 

entities. For instance, should a 

definition of ‘‘market power,’’ if such a 

definition is appropriate, make 

reference to small entities? We also 

invite comment on ways in which the 

Commission might impose restrictions 

on the use of exclusive contracts for the 

provision of video services while at the 

same time imposing lesser burdens on 

small entities. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

36. None. 

V. Ordering Clauses 

37. Accordingly, it is ordered that, 

pursuant to Sections 1, 4(i), 303(r), 623 

and 628(b) of the Communications Act 

of 1934, as amended, and Section 706 of 

the Telecommunications Act of 1996, 47 

U.S.C. 151, 154(i), 303(r), 543, 548(b) 

and 157, this Notice of Proposed 

Rulemaking is hereby adopted. 

38. It is further ordered that the 

Consumer and Governmental Affairs 

Bureau, Reference Information Center, 

SHALL SEND a copy of this Notice of 

Proposed Rulemaking, including the 

Initial Regulatory Flexibility Analysis, 

to the Chief Counsel for Advocacy of the 

Small Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–7254 Filed 4–17–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 070402075–7075–01; I.D. 

022807F] 

RIN 0648–AU73 

Fisheries Off West Coast States; 

Highly Migratory Species Fisheries 

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 vessel identification 

regulations of the Fishery Management 

Plan for U.S. West Coast Fisheries for 

Highly Migratory Species (HMS FMP). 

The current regulatory text requires all 

commercial fishing vessels and 

recreational charter vessels to display 

their official numbers on the port and 

starboard sides of the deckhouse or hull, 

and on an appropriate weather deck 

(horizontal or flat surface) so as to be 

visible from enforcement vessels and 

aircraft. The proposed rule would 

amend the regulatory text to provide an 

exemption to HMS recreational charter 

vessels in complying with the vessel 

identification requirements. The 

regulation is necessary to clarify that 

vessel identification requirements apply 

to HMS commercial fishing vessels and 

not to HMS recreational charter vessels. 

DATES: Comments must be received by 

May 18, 2007. 

ADDRESSES: You may submit comments 

on this proposed rule, I.D. 022807F, by 

any of the following methods: 

• E-mail: 0648–AU73.SWR@noaa.gov. 

Include the I.D. number in the subject 

line of the message. 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Rodney R. McInnis, Regional 

Administrator, Southwest Region, 

NMFS, 501 West Ocean Blvd., Suite 

4200, Long Beach, CA 90802 4213. 

• Fax: (562) 980 4047. 

FOR FURTHER INFORMATION CONTACT: 

Craig Heberer, Sustainable Fisheries 

Division, NMFS, 760–431–9440, ext. 

303. 

SUPPLEMENTARY INFORMATION: On April 

7, 2004, NMFS published a final rule to 

implement the HMS FMP (69 FR 18444) 

that included regulatory text in 50 CFR 

660.704 requiring display of vessel 

identification markings for commercial 

fishing vessels and recreational charter 

fishing vessels that fish for HMS off or 

land HMS in the States of California, 

Oregon, and Washington. The 

identification markings are consistent in 

size, shape, and location with vessel 

identification markings required on 

commercial fishing vessels operating 

under the Pacific Fishery Management 

Council’s (Council) Groundfish Fishery 

Management Plan. The marking 

requirements at 50 CFR 660.704(b) state 

that the official number must be affixed 

to each vessel in block Arabic numerals 

at least 10 inches (25.40 cm) in height 

for vessels more than 25 ft (7.62 m) but 

equal to or less than 65 ft (19.81 m) in 


rmajette on PROD1PC67 with PROPOSALS
19454 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

length; and 18 inches (45.72 cm)in 

height for vessels longer than 65 ft 

(19.81 m) in length. Markings must be 

legible and of a color that contrasts with 

the background. 

As discussed during the HMS FMP 

Plan Development phase, the Council’s 

intent in recommending the current 

requirement, was to address marking for 

identification purposes on HMS 

commercial fishing vessels, not 

recreational charter vessels. Our intent 

in promulgating the rule was to exempt 

recreational charter vessels from the 

marking requirements, similar to 

exemptions granted under the Council’s 

Groundfish FMP. The current inclusion 

of HMS recreational charter vessels as 

part of the vessel identification 

requirements in the HMS FMP is not 

consistent with how vessel marking 

requirements are applied in the 

Groundfish FMP. The Council 

recommended to NMFS that meeting 

this requirement was not necessary as 

the HMS recreational charter vessels 

were already adequately marked, under 

existing state and U.S. Coast Guard 

regulations, so as to be identified by 

enforcement assets from both air and 

sea. In addition to being unnecessary for 

enforcement purposes, compliance with 

the current marking requirement would 

detract from the aesthetics of the charter 

vessels and degrade the ‘‘attraction 

factor’’ for future clients. 

Classification 

NMFS has determined that the 

proposed rule is consistent with the 

HMS FMP and preliminarily 

determined that this proposed rule is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

Approximately 327 vessels were 

permitted under the HMS FMP to 

operate in the HMS recreational charter 

fishery off the U.S. West Coast in 2006. 

This proposed rule would exclude 

owners of HMS permitted recreational 

charter vessels from the vessel 

identification regulations at 50 CFR 

660.704. The cost of maintaining/ 

applying the identification numbers is 

approximately one and one-half hours 

of labor and the cost of approximately 

3 gallons of marine paint, or about $20. 

All vessels affected by this rule are 

considered small business entities; the 

rule should not only have no adverse 

economic impact to them, but should 

have a direct positive impact to them 

(i.e., it simply would relieve a burden). 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 13, 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 660 is proposed 

to be amended as follows: 

PART 660—FISHERIES OFF THE WEST 

COAST STATES 

1. The authority citation for part 660 

continues to read as follows: 

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

2. Section 660.704 is revised to read 

as follows: 

§ 660.704 Vessel identification. 

(a) General. This section only applies 

to commercial fishing vessels that fish 

for HMS off or land HMS in the States 

of California, Oregon, and Washington. 

This section does not apply to 

recreational charter vessels that fish for 

HMS off or land HMS in the States of 

California, Oregon, and Washington. 

(b) Official number. Each fishing 

vessel subject to this section must 

display its official number on the port 

and starboard sides of the deckhouse or 

hull, and on an appropriate weather 

deck so as to be visible from 

enforcement vessels and aircraft. 

(c) Numerals. The official number 

must be affixed to each vessel subject to 

this section in block Arabic numerals at 

least 10 inches (25.40 cm) in height for 

vessels more than 25 ft (7.62 m) but 

equal to or less than 65 ft (19.81 m) in 

length; and 18 inches (45.72 cm)in 

height for vessels longer than 65 ft 

(19.81 m) in length. Markings must be 

legible and of a color that contrasts with 

the background. 

[FR Doc. E7–7381 Filed 4–17–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070322067–7067–01; I.D. 

031407A] 

RIN 0648–AU03 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Prohibited Species 

Bycatch Management 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to amend 

regulations governing salmon bycatch in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to enhance the effectiveness 

of salmon bycatch measures by (1) 

exempting pollock vessels from Chinook 

and chum salmon savings area closures 

if they participate in an intercooperative agreement (ICA) to reduce 

salmon bycatch, and (2) exempting 

vessels participating in non-pollock 

trawl fisheries from chum salmon 

savings area closures because these 

fisheries intercept minimal amounts of 

salmon. The proposed rule is intended 

to promote the goals and objectives of 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). 

DATES: Written comments must be 

received by June 4, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian, Records Officer. 

Comments may be submitted by any of 

the following methods: 

• E-mail: 0648–au03–BSA84–APR@noaa.gov. Include in the subject 

line the following identifier: BS salmon 

proposed rule. E-mail comments, with 

or without attachments, are limited to 5 

megabytes; 

• Federal e-Rulemaking Portal: 

http:www.regulations.gov; 

• Mail to P.O. Box 21668, Juneau, AK 

99802; 

• Fax: to (907) 586–7557; or 

• Hand Delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, AK. 

Copies of the Environmental 

Assessment/Regulatory Impact Review/ 

Initial Regulatory Flexibility Analysis 

(EA/RIR/IRFA) prepared for this action 


rmajette on PROD1PC67 with PROPOSALS