Federal Register / Vol. 63, No. 4 / Wednesday, January 7, 1998 / Rules and Regulations 667

Government Printing Office,

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT: Paul

J. Best, Flight Procedures Standards

Branch (AFS–420), Technical Programs

Division, Flight Standards Service,

Federal Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; Telephone (202)

267–8277.

SUPPLEMENTARY INFORMATION: This

amendment to part 97 of the Federal

Aviation Regulations (14 CFR part 97)

establishes, amends, suspends, or

revokes SIAP’s. The complete regulatory

description of each SIAP is contained in

official FAA form documents which are

incorporated by reference in this

amendment under 5 U.S.C. 552(a), 1

CFR part 51, and 14 CFR 97.20 of the

Federal Aviation Regulation (FAR). The

applicable FAA Forms are identified as

FAA Form 8260–5. Materials

incorporated by reference are available

for examination or purchase as stated

above.

The large number of SIAP’s, their

complex nature, and the need for a

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR sections, with the types

and effective dates of the SIAPs. This

amendment also identifies the airport,

its location, the procedure identification

and the amendment number.

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. The

SIAP’s contained in this amendment are

based on the criteria contained in the

United States Standard for Terminal

Instrument Approach Procedures

(TERPS). In developing these SIAPs, the

TERPS criteria were applied to the

conditions existing or anticipated at the

affected airports.

The FAA has determined through

testing that current non-localizer type,

non-precision instrument approaches

developed using the TERPS criteria can

be flown by aircraft equipped with a

Global Positioning System (GPS) and or

Flight Management System (FMS)

equipment. In consideration of the

above, the applicable SIAP’s will be

altered to include ‘‘or GPS or FMS’’ in

the title without otherwise reviewing or

modifying the procedure. (Once a stand

alone GPS or FMS procedure is

developed, the procedure title will be

altered to remove ‘‘or GPS or FMS’’ from

these non-localizer, non-precision

instrument approach procedure titles.)

The FAA has determined through

extensive analysis that current SIAP’s

intended for use by Area Navigation

(RNAV) equipped aircraft can be flown

by aircraft utilizing various other types

of navigational equipment. In

consideration of the above, those SIAP’s

currently designated as ‘‘RNAV’’ will be

redesignated as ‘‘VOR/DME RNAV’’

without otherwise reviewing or

modifying the SIAP’s.

Because of the close and immediate

relationship between these SIAPs and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAP’s are, impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports,

Navigation (air).

Issued in Washington, DC on January 2,

1998.

Quentin J. Smith, Jr.,

Acting Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97

continues to read:

Authority: 49 U.S.C. 106(g), 40103, 40106,

40113–40114, 40120, 44502, 44514, 44701,

44719, 44721–44722.

2. Amend 97.23, 97.27, 97.33 and

97.35, as appropriate, by adding,

revising, or removing the following

SIAP’s, effective at 0901 UTC on the

dates specified:

Effective on Publication

New York, NY, John F. Kennedy Intl, VOR

or GPS RWY 13L/13R, Amdt 18 Cancelled

New York, NY, John F. Kennedy Intl, VOR

or FMS or GPS RWY 13L/13R, Amdt 18

[FR Doc. 98–322 Filed 1–6–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 285

[Docket No. 971231320–7320–01; I.D.

121697B]

RIN 0648-AK63

Atlantic Tuna Fisheries; Archival Tag

Recovery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule; request for

comments

SUMMARY: NMFS issues this interim

final rule to allow the retention,

possession, and landing of Atlantic

bluefin tunas (ABTs) in which an

archival tag has been implanted. Data

recovery from archival tags requires that

fish be harvested and the tag removed.

In the event a fish with an archival tag

is captured, applicable regulations

could require its immediate release

under certain conditions, such as the

closure of the ABT season for a permit

category. In order to provide for

maximum likelihood of data recovery,

NMFS exempts the harvest of fish with

archival tags from applicable release

requirements provided NMFS is notified

prior to, or at the time of, landing and,

as instructed, the tag is removed and

returned to NMFS or the fish is made

available so that it may be inspected and

the tag recovered.

DATES: The interim final rule is effective

December 31, 1997. Comments must be

received on or before January 30, 1998.

ADDRESSES: Comments on the interim

final rule should be sent to Rebecca

Lent, Chief, Highly Migratory Species

Management Division, Office of

Sustainable Fisheries (F/SF1), NMFS,

1315 East-West Highway, Silver Spring,

MD 20910–3282. Comments regarding
668 Federal Register / Vol. 63, No. 4 / Wednesday, January 7, 1998 / Rules and Regulations

the burden-hour estimates or other

aspects of the collection-of-information

requirements contained in this interim

final rule should be sent to Rebecca Lent

and to the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, DC 20503 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Chris Rogers, 301-713-2347; Buck

Sutter, 813–570–5447; or Mark MurrayBrown, 978–281–9260.

SUPPLEMENTARY INFORMATION: Under the

Atlantic Tunas Convention Act of 1975

(ATCA) (16 U.S.C. 971 et seq.), the

Secretary of Commerce (Secretary) is

authorized to promulgate regulations to

implement recommendations adopted

by the International Commission for the

Conservation of Atlantic Tunas (ICCAT).

The authority to issue such regulations

has been delegated from the Secretary to

the Assistant Administrator for

Fisheries (AA), NOAA. Section

971d(c)(3) of title 16, United States

Code, provides the statutory authority to

require the collection of information

necessary to implement the

recommendations of ICCAT.

As a member nation of ICCAT, the

United States is required to take part in

the collection of biological statistics for

research purposes. In addition to this

requirement, the United States, as a

member nation fishing for ABT in the

Atlantic Ocean, must abide by the

specific quota assigned to it by ICCAT.

Through quota management, ICCAT is

furthering its goal of recovering the ABT

stock to maximum sustainable yield

level.

The National Research Council

(National Academy of Sciences)

recommended to NMFS that migratory

patterns of bluefin tuna be further

investigated and that ‘‘a tagging program

be undertaken, with an appropriate

combination of conventional, [passive

integrated transponder], acoustic, and

archival tags * * *.’’ In response, NMFS

has worked with fishermen and

researchers in a cooperative effort to

implant archival tags in ABT. Archival

tags are miniature data loggers that offer

a powerful tool for discerning the

movements, geoposition and behavior of

individual highly migratory species

(HMS). The recovery of only a few tags

would greatly increase knowledge of

migratory patterns and spawning site

fidelity and provide data that are vital

to the international management of

ABT.

Through cooperative research

programs, about 170 archival tags were

implanted in ABT during 1996 and

1997. Additional tags will be implanted

in 1998. ABTs equipped with archival

tags can be identified not only by a light

sensor extending outside the body

cavity (in the area of the stomach) but

also by uniquely colored fluorescent

green conventional streamer tags placed

externally on each side of the shoulder.

It is estimated that about 6 to 10 ABT

with archival tags will be recovered

annually. It is imperative that each tag

be returned to NMFS to ensure that the

most comprehensive data are collected

to establish migratory patterns of HMS.

Based on information obtained from

conventional tag recoveries, the greatest

likelihood for recovery of those archival

tags already deployed will occur in the

1998 winter fishery off North Carolina.

Data recovery from archival tags

requires that fish be harvested. In the

event a fish with an archival tag is

captured, current regulations could

require its immediate release under

certain conditions, such as the closure

of the ABT season for a permit category.

In order to provide for maximum

likelihood of data recovery, NMFS, by

this interim final rule, exempts the

harvest of fish with archival tags from

any applicable release requirement

provided NMFS enforcement is notified

prior to, or at the time of, landing and,

as instructed, the tag is removed and

returned to NMFS or the fish is made

available so that a NMFS scientist or

enforcement agent may inspect the fish

and recover the archival tag. Although

this provision was not part of any

proposed rule, the concept and

proposed text were presented at public

hearings on consolidation of HMS

regulations (61 FR 57361, November 6,

1996) and at other public meetings. All

comments received were supportive of

archival tag research and commenters

recognized the need for recovery.

Additionally, this rule would relieve

restrictions in the case of archivally

tagged fish. For these reasons, NMFS

issues this interim final rule with

further opportunity for public comment.

Recognizing that archival tag

implantation poses a mortality risk to

fish, NMFS also requests specific

comment on the need for persons

conducting archival tag research to

register and report on activities. Under

such a requirement, any person affixing

or implanting an archival tag into a

regulated species would provide written

notification to the Director of the

proposed activity in advance of

commencing the activity and, upon

completion of the activity, would

provide a written report to the Director

indicating the type and number of tags,

the species and approximate size of fish,

and the location and method of capture

of the fish. Such a requirement would

assist NMFS in evaluating the

effectiveness of archival tag research,

help researchers coordinate activities,

and provide a source for researchers to

access release and recovery information.

Classification

This interim final rule is published

under the authority of the ATCA, 16

U.S.C. 971 et seq. The AA has

determined that the regulations

contained in this rule are necessary to

implement the recommendations of

ICCAT and are necessary for

management of the Atlantic tuna

fisheries.

This interim final rule has been

determined to be not significant for

purposes of E.O. 12866.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This final rule implements a new

collection-of-information requirement

subject to OMB review under the PRA.

Reporting requirements for Archival tag

recoveries require that the harvester

notify NMFS upon landing the fish,

prepare or process the fish as instructed,

and provide information about the time

and place of capture. Public reporting

burden for this collection of information

is estimated to average 30 minutes per

response. This reporting requirement

has been approved by OMB under

control number 0648–0338.

NMFS has determined that, under 5

U.S.C. 553(b)(B), there is good cause to

waive the requirement for prior notice

and an opportunity for public comment

as such procedures would be contrary to

the public interest. NMFS presented the

concept and proposed regulatory text for

this exemption while conducting public

hearings on a proposed rule on

consolidation of highly migratory

species regulations. NMFS had intended

to incorporate the archival tag

exemption into the final consolidation

rule. However, while that process

remains ongoing, NMFS has received

information that the greatest likelihood

of recovery will be in the North Carolina

winter ABT fishery starting on January

1, 1998. If fish are caught and must be

released, live or dead, information will

be irretrievably lost. As such, given the

need for scientific data from throughout

the species’ range, and the fact that

NMFS has already received public

comment on the subject matter of this

rule, further delay in the

implementation of this action to provide
Federal Register / Vol. 63, No. 4 / Wednesday, January 7, 1998 / Rules and Regulations 669

an opportunity for additional comment

is contrary to the public interest.

To the extent that a fish that would

otherwise have to be released may be

retained under this rule, this rule

relieves a restriction and under 5 U.S.C.

553(d)(1) is not subject to a delay in

effective date. To the extent that this

rule imposes certain reporting and other

requirements associated with such

retention, the AA, under 5 U.S.C.

553(d)(3), has determined that there is

good cause, as explained above, to

waive the otherwise required 30-day

delay in effective date. NMFS will

rapidly communicate the new

regulations to fishery participants

through its FAX network, HMS

Information Line, and NOAA weather

radio.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: December 31, 1997.

Gary C. Matlock,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and 50

CFR chapter II are amended as follows:

15 CFR Chapter IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT:

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b), the table,

is amended by adding, in numerical

order, the following entry to read as

follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section where the

information collection requirement is

located

* * * * *

50 CFR

* * * * *

285.9

Current OMB Control number (all

numbers begin with 0648)

–0338

* * * * *

50 CFR Chapter II

PART 285—ATLANTIC TUNA

FISHERIES

3. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

4. In § 285.2, a definition for ‘‘archival

tag’’ is inserted in alphabetical order to

read as follows:

§ 285.2 Definitions.

* * * * *

Archival tag means an electronic

recording device that is implanted or

affixed to a fish that is released alive

back into the ocean to allow collection

of scientific information about the

migratory behavior of that fish.

* * * * *

5. In § 285.3, paragraph (a) is revised

to read as follows:

§ 285.3 Prohibitions.

* * * * *

(a) For any person or for any fishing

vessel subject to the jurisdiction of the

United States to engage in fishing or to

land any Atlantic tuna in violation of

these rules, except that fish implanted

or affixed with archival tags may be

possessed, retained and landed under

the provisions of § 285.9.

* * * * *

6. Section 285.9 is added to read as

follows:

§ 285.9 Archival tags.

(a) Reserved.

(b) Landing. Notwithstanding other

provisions of this part, any person may

catch, possess, retain, and land any

regulated species in which an archival

tag has been affixed or implanted,

provided that person complies with all

requirements of paragraph (c) of this

section.

(c) Landing report. The person

possessing, retaining, or landing, under

the authority of paragraph (b) of this

section, a regulated species in which an

archival tag has been affixed or

implanted must contact the NMFS,

Southeast Science Center (1–800–437–

3936) or any NMFS enforcement office

(a list of local NMFS enforcement

offices can be obtained from the

Director) prior to, or at the time of

landing, furnish all requested

information regarding the location and

method of capture, and, as instructed,

remove the tag and return it to NMFS or

make the fish available so that a NMFS

scientist, enforcement agent, or other

person designated in writing by the

Director may inspect the fish and

recover the tag.

(d) Quota monitoring. If a regulated

species landed under the authority of

paragraph (b) of this section is subject

to a quota, the fish shall be counted

against the applicable quota category

consistent with the fishing gear and

activity which resulted in the catch. In

the event such fishing gear or activity is

otherwise prohibited under applicable

provisions of this part, the fish shall be

counted against the scientific reserve

quota established for that species.

7. In § 285.31, paragraph (a)(22) is

revised to read as follows:

§ 285.31 Prohibitions.

(a) * * *

(22) Fail to report the catching of any

Atlantic bluefin tuna to which a plastic

tag has been affixed under a tag and

release program conducted by NMFS or

any other scientific organization or in

which an archival tag has been affixed

or implanted;

* * * * *

[FR Doc. 97–34242 Filed 12–31–97; 4:24 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF STATE

22 CFR Parts 40 and 41

[Public Notice 2665]

Bureau of Consular Affairs;

Documentation of Nonimmigrants

Under the Immigration and Nationality

Act, as Amended—Place of Application

AGENCY: Bureau of Consular Affairs,

DOS.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule results from a

change in the law. A recent amendment

stated that, if a nonimmigrant stays in

the United States longer than permitted,

the visa of that person is no longer

valid. Only a new nonimmigrant visa

issued in the country of that person’s

nationality will be valid for further

entry into the United States. If the

Secretary of State has determined that

extraordinary circumstances exist,

however, issuance of a new

nonimmigrant visa in another country

will be acceptable. This rule, therefore,

amends the regulation pertaining to

place of application to require such a

person to apply in the country of his or

her nationality, sets forth some

exceptions based on extraordinary

circumstances and defines the

conditions for determining

‘‘extraordinary circumstances.’’

DATES: This interim rule is effective

January 7, 1998. Written comments are

invited