61264 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Rules and Regulations

Actions Compliance times Procedures

(3) Do not install, on any sailplane, a P/N A

102 021N attachment fitting that has not

passed the inspection requirements specified

in paragraph (d)(1) of this AD.

As of November 27, 2000 (the effective date

of this AD.

Inspect any attachment fitting in accordance

with the previously referenced service bulletin.

(e) Can I comply with this AD in any other

way? You may use an alternative method of

compliance or adjust the compliance time if:

(1) Your alternative method of compliance

provides an equivalent level of safety; and

(2) The Manager, Small Airplane

Directorate approves your alternative. Submit

your request through an FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate, 901 Locust,

Room 301, Kansas City, Missouri 64106.

Note 1: This AD applies to each sailplane

identified in paragraph (a) of this AD,

regardless of whether it has been modified,

altered, or repaired in the area subject to the

requirements of this AD. For sailplanes that

have been modified, altered, or repaired so

that the performance of the requirements of

this AD is affected, the owner/operator must

request approval for an alternative method of

compliance in accordance with paragraph (e)

of this AD. The request should include an

assessment of the effect of the modification,

alteration, or repair on the unsafe condition

addressed by this AD; and, if you have not

eliminated the unsafe condition, specific

actions you propose to address it.

(f) Where can I get information about any

already-approved alternative methods of

compliance? Contact Mike Kiesov, Aerospace

Engineer, FAA, Small Airplane Directorate,

901 Locust, Room 301, Kansas City, Missouri

64106; telephone: (816) 329–4144; facsimile:

(816) 329–4090.

(g) What if I need to fly the sailplane to

another location to comply with this AD? The

FAA can issue a special flight permit under

sections 21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197 and

21.199) to operate your sailplane to a location

where you can accomplish the requirements

of this AD.

(h) Are any service bulletins incorporated

into this AD by reference? Actions required

by this AD must be done in accordance with

Aerotechnik CZ Service Bulletin SEH 13–

005a, dated November 18, 1999. The Director

of the Federal Register approved this

incorporation by reference under 5 U.S.C.

552(a) and 1 CFR part 51. You can get copies

from Aerotechnikcz s.r.o., 686 04 Kunovic,

Czech Republic; telephone: +420 632 537

111; facsimile: +420 632 537 900. You can

look at copies at the FAA, Central Region,

Office of the Regional Counsel, 901 Locust,

Room 506, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC 20001.

(i) When does this amendment become

effective? This amendment becomes effective

on November 27, 2000.

Note 2: The subject of this AD is addressed

in Czech Republic AD Number CAA–AD–T–

112/1999, dated November 18, 1999.

Issued in Kansas City, Missouri, on

September 28, 2000.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 00–25553 Filed 10–16–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 000524152–0274–02; I.D.

030100C]

RIN 0648–AM34

Fisheries of the Exclusive Economic

Zone Off Alaska; Vessel Monitoring

System (VMS)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; VMS component

notice of approval.

SUMMARY: NMFS issues a final rule

requiring 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, and revising

regulations governing Atka mackerel

harvest in the Community Development

Quota (CDQ) fisheries. Additionally,

NMFS issues notification of the

approval of VMS components for use off

Alaska. These actions are necessary to

enhance monitoring of fishery activities

within critical habitat areas. They are

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: Effective November 11, 2000.

ADDRESSES: Copies of the Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (RIR/FRFA)

prepared for this action may be obtained

from Sue Salveson, Assistant Regional

Administrator, Sustainable Fisheries

Division, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802–1668,

Attn: Lori Gravel, or by calling the

Alaska Region, NMFS, at 907–586–7228.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this final rule to the

Regional Administrator at the same

address. Send comments on collectionof-information requirements to the same

address and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget (OMB),

Washington DC 20503 (Attn: NOAA

Desk Officer).

For ArgoNet Mar GE information,

contact NACLS Inc., 9200 Basil Court,

Suite 306, Largo, MD 20774; phone 301–

341–1814.

To obtain copies of the list of

approved VMS components, VMS

installation instructions, or to apply to

have a VMS component approved for

use off Alaska, contact Guy Holt,

Enforcement Division, Alaska Region,

NMFS, P.O. Box 21767, Juneau, AK

99802–1668; phone (907)–586-9353.

FOR FURTHER INFORMATION CONTACT:

Alan Kinsolving, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

NMFS notes as an initial point that as

a result of a U.S. District Court Order,

NMFS has closed waters within critical

habitat to all trawling. An interim rule

implementing this closure was

published on August 15, 2000 (65 FR

49766). While this closure is in effect,

no trawling for Atka mackerel may

occur inside critical habitat and no Atka

mackerel catch should accrue against

the inside critical habitat portion of the

quota, unless it is harvested by nontrawl gear. This rule does not affect that

closure.

In 1997, NMFS listed the western

stock of Steller sea lions (Eumetopias

jubatus) as an endangered species. A

statutory requirement of the Endangered

Species Act is that Federal actions taken

within 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. Because

Atka mackerel are an important prey

species for Steller sea lions, the Atka

mackerel fishery must be managed to

avoid potential jeopardy to Steller sea

lions.

Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Rules and Regulations 61265

On January 22, 1999, NMFS

published a final rule that reduced 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

regulations implemented by that final

rule prohibit 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 regulations for

the year and district. A critical habitat

trawl closure remains in effect until

NMFS closes the Atka mackerel fishery

in that area.

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 and costly. Effective

enforcement of these closures would be

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.

This final rule requires vessels

participating in a directed fishery for

Atka mackerel in the AI to have an

operating NMFS-approved VMS

transmitter on board. These transmitters

automatically determine the vessel’s

location several times per hour using

Global Positioning System (GPS)

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. The

vessel owner should be unaware of

exactly when the unit is transmitting

and will be unable to alter the signal or

the time of transmission.

This rule requires the owner of a

vessel participating in the AI Atka

mackerel fishery to obtain and install a

NMFS-approved VMS transmitter. The

rule also requires the use of the

transmitter at all times when engaging

in directed fishing for Atka mackerel.

The rule prohibits trawl vessels not

carrying properly installed and

operating VMS units 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 rule also revises regulations

governing Atka mackerel harvest in the

CDQ fisheries. Current regulations

prohibit any trawling by a CDQ group

inside critical habitat after the specified

percent of the group’s annual Atka

mackerel CDQ has been reached. This

action will change these requirements

so that each CDQ group may harvest no

more than the specified percentage of

their Atka mackerel CDQ inside the

critical habitat areas. This will provide

more flexibility to the CDQ groups for

management of their Atka mackerel

CDQs.

Response to Comments

NMFS received two letters of

comment on the proposed rule that was

published June 12, 2000, for a 30-day

comment period (65 FR 36810). Both

letters indicated support for the action

but expressed concerns or suggested

clarifications; these comments are

summarized below followed by NMFS’

responses.

Comment 1. The proposed rule states

that installation of a VMS transmitter

would take less than 6 hours and

estimates that 4 hours per year will be

required to maintain the unit. Under

most circumstances, the installation of

the Argos MAR GE requires less than 2

hours. The unit has a lifetime of 5 years

and should require no annual

maintenance.

Response. Comment noted. However,

NMFS attempts to estimate

conservatively the burden that a

regulation may impose on the public. In

this case, NMFS believes that in some

circumstances the installation of a VMS

transmitter could take as much as 6

hours. Further, NMFS believes that

annual maintenance could be required

in some circumstances.

Comment 2. VMS transmitters should

only be required in the Western and

Central Districts of the AI. Because there

is no separate apportionment of the

Atka mackerel TAC to critical habitat

areas in the Eastern District of the AI,

there is no need to require VMS

transmitters in that district. Requiring

VMS transmitters in the Eastern AI

would impose an unnecessary burden

on vessels that fish for Atka mackerel in

the Eastern AI, but do not fish for Atka

mackerel in the Central or Western AI.

Response. NMFS disagrees. Though

there is not a separate apportionment of

TAC to critical habitat areas in the

Eastern AI, there are critical habitat

areas in the Eastern AI that are closed

to directed fishing for Atka mackerel

and preventing illegal fishing activity in

those areas is just as difficult. Thus,

NMFS believes that allowing some

vessels to fish for Atka mackerel in the

AI without VMS transmitters would

unnecessarily complicate enforcement.

Second, NMFS believes that the number

of vessels that target Atka mackerel in

the Eastern AI that do not also target

Atka mackerel in the Central or Western

AI is not significant. Based on Weekly

Production Report Data from 1998 and

1999, only one vessel reported landings

from the Eastern AI in an Atka mackerel

target that did not also report landings

in an Atka mackerel target in the

Western or Central AI. Based on 1999

observer data from vessels that did not

retain Atka mackerel in excess of the

maximum retainable bycatch (MRB)

amount in the Central and Western AI,

only two hauls were made in the

Eastern AI where the amount of retained

Atka mackerel exceeded the MRB

amount. These data indicate that

virtually no targeting of Atka mackerel

in the Eastern AI by vessels that do not

also target Atka mackerel occurs in the

Central or Western AI.

Comment 3. Vessel personnel should

have the ability to monitor the VMS

unit’s GPS reading.

Response. The type approval

specifications for VMS units do not

prevent the unit from displaying the

location so long as the vessel operator

cannot determine when the unit is

transmitting a location. If sufficient

market demand exists, transmitter

providers could offer this feature.

However, this feature should not be

necessary for achieving NMFS’

monitoring and enforcement goals. Until

recently, the Department of Defense

deliberately degraded the GPS signal so

that it was only accurate to within +/-

100m. However, as of May 1, 2000,

deliberate degrading of the GPS system

has been stopped and different GPS

units should agree with each other

within +/- 20 meters.

Comment 4. NMFS needs to develop

a waiver system to allow vessels with

inoperative VMS transmitters to

continue fishing.

Response. NMFS disagrees and

believes that granting of waivers would

unnecessarily complicate enforcement.

In comparison to the size of the fishery

and the gross revenues of the vessels

that participate in it, the cost of a

transmitter is quite low. Vessel owners

must balance the approximate $1,800

cost of a backup transmitter with the

risk of lost fishing time in the event of

transmitter failure.

After consideration of the comments

received, NMFS approves this final rule.

No changes in the regulatory text were

made between the proposed and final

rule.

Notice of VMS Component Approval

In the proposed rule to require VMS

in the Atka mackerel fishery (65 FR

61266 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Rules and Regulations

36810, June 12, 2000), NMFS set forth

criteria for the approval of VMS

components. These criteria were based

on national standards published in the

Federal Register on March 31, 1994 (59

FR 15180).

Based on the information reviewed to

date, NMFS approves the ArgoNet Mar

GE transmitter, for which North

American Collection and Location by

Satellite, Inc. (NACLS) is the sole

communications service provider.

The MAR GE transmitter also has

been approved for use in the Atlantic

Highly Migratory Species Fisheries.

Additional details concerning this

transmitter may be found in the notice

of approval published in the Federal

Register on September 9, 1999 (64 FR

48988).

A vessel owner wishing to purchase

this transmitter should contact the

provider (see ADDRESSES).

At this time, NMFS believes that only

one vendor produces VMS components

that provide seamless and transparent

communications from all areas off

Alaska. However, other vendors that

manufacture or distribute VMS

components that meet the approval

criteria set out in the proposed rule, are

encouraged to contact NMFS. As

additional components are approved,

notification will be published in the

Federal Register.

Small Entity Compliance Guide

The following information satisfies

the Small Business Regulatory

Enforcement Fairness Act of 1996,

which requires a plain language guide to

compliance with this final rule by

affected small entities.

What is a VMS? A VMS consists of a

transmitter, installed on the vessel, and

a communications service provider that

relays the transmitter’s signal to NMFS.

The transmitter determines the vessel’s

position using GPS satellites and

automatically transmits the position to

the communications service provider.

Who must carry a VMS transmitter? A

vessel that engages in directed fishing

for Atka mackeral in the AI must carry

an operating VMS transmitter. You must

receive confirmation from NMFS that

the transmitter is operating before you

start directed fishing, and you must

continue to use the VMS transmitter

until the Atka mackerel season has

ended unless your vessel is in port.

How do I obtain, install, and activate

my VMS transmitter? For complete

instructions on how to install and

operate your VMS transmitter, contact

Guy Holt, Enforcement Division, Alaska

Region, NMFS, P.O. Box 21767, Juneau,

AK 99802—1668; phone (907)—586-

9353. At this time, the only VMS

transmitter approved for use off Alaska

is the ArgoNet Mar GE. Vessel owners

wishing to purchase the Mar GE

transmitter may contact NACLS Inc.,

9200 Basil Court, Suite 306, Largo, MD

20774; phone 301—341—1814. When

purchasing a transmitter, the vessel

owner should request a unit configured

for use by vessels off Alaska. The vessel

owner will also need to complete an

ArgoNet contract with NACLS and

establish credit with ArgoNet. The

transmitter will automatically begin

transmitting position reports when the

power is connected. Vessel owners

should confirm that the position reports

are being received prior to directed

fishing for Atka mackerel, by calling

NMFS Enforcement Division.

When can I turn my transmitter off?

Your transmitter will automatically

reduce the frequency of transmission to

once per week when your vessel is

stationary. You may disconnect the

transmitter when the Atka mackerel

fishery in which you participated has

closed.

What should I do if my transmitter

stops working? The ArgoNet Mar GE is

equipped with an alarm to alert you if

it is unable to transmit. If the unit stops

working, you must stop directed fishing

for Atka mackerel until the unit is

repaired or replaced. Though VMS

transmitters have shown themselves to

be reliable, we recommend that vessel

owners consider carrying a backup

transmitter.

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 Paperwork

Reduction Act (PRA), unless that

collection-of-information displays a

currently valid OMB control number.

This final rule contains a new

collection-of-information requirement

that was approved by the OMB under

the PRA and issued OMB control

number 0648–0417. The new

information requirements include the

requirement to install, maintain, and

use a NMFS-approved 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.

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, DC 20503 (Attn:

NOAA Desk Officer).

NMFS prepared a Final Regulatory

Flexibility Analysis (FRFA) describing

the impact of the action on small

entities. A summary of the FRFA

follows.

This action requires that factory

trawlers participating in the Aleutian

Islands Atka mackerel fishery carry and

use a VMS unit. It is necessary to ensure

that NMFS does not violate a statutory

requirement of the ESA that federally

managed fisheries not adversely affect

designated critical habitat, and it is

being promulgated under the authority

of the Magnuson-Stevens 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. Four of these

vessels caught and processed only small

amounts of Atka mackerel and it

constituted less than 5 percent of their

retained catch. The other 9 vessels

caught and processed over 95 percent of

the Atka mackerel that was harvested.

During 1998, these 9 vessels caught and

processed 137,790 mt of groundfish off

Alaska. Based on 1997 ex-vessel price

data, this catch had an approximate

value of $41 million prior to processing.

The additional value added by at-sea

processing is not known. None of the 9

vessels had gross revenues of less than

$3 million, the threshold established by

the SBA for ‘small’ fish harvesting

businesses. 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 new reporting and

recordkeeping requirements 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, the analysis

considered a ‘‘no action’’ alternative

(status quo) 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 meet

NMFS’ need to facilitate monitoring and

enforcement of Steller sea lion

protective measures. Maintaining the

status quo could have minimized

impacts on small entities. However, that

alternative would not have achieved the

objectives of this action.

Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Rules and Regulations 61267

A copy of the RIR/FRFA can be

obtained from NMFS (see ADDRESSES).

This final 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

communication with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this final rule. Such comments

should be sent to the Alaska Regional

Administrator (see ADDRESSES).

List of Subjects in 15 CFR Part 902

Reporting and recordkeeping

requirements.

List of Subjects in 50 CFR Part 679

Alaska Fisheries, Reporting and

recordkeeping requirements.

Dated: October 10, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR part 902, chapter IX,

and 50 CFR part 679 are amended as

follows:

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, the table in paragraph (b)

is amended by adding under 50 CFR the

following entries in numerical order:

§ 902.1 OMB Control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section where the

information collection requirement is located

Current

OMB control number the information

(All numbers begin

with 0648–

)

*****

50 CFR

*****

679.28(f)(3)(i) –0417

679.28(f)(3)(ii) –0417

679.28(f)(3)(iii) –0417

*****

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, § 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. A CDQ group is

prohibited from exceeding the

percentage of the annual Atka mackerel

CDQ for Steller sea lion critical habitat

in the Western and/or Central Districts

of the AI specified at paragraph

(a)(8)(iii)(B) of this section (see Table 1,

Table 2, and Figure 4 to part 226 of this

title).

* * * * *

4. In § 679.28, paragraph (a) is revised

and a new paragraph (f) is added to read

as follows:

§ 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 vessels 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.

[FR Doc. 00–26656 Filed 10–16–00; 8:45 am]

BILLING CODE: 3510–22–S