Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 / Proposed Rules 19235

alternatives are intended to streamline our

rules and procedures. Our goals are to reduce

applicant and licensee burdens, realize fully

the benefits of the Mass Media Bureau’s

current electronic filing initiative, and

preserve the public’s ability to participate

fully in our broadcast licensing processes.

These proposals are designed to reduce filing

burdens and increase the efficiency of

application processing. Any significant

alternatives presented in the comments will

be considered.

F. Federal Rules that Overlap, Duplicate, or

Conflict with the Proposed Rules

The initiatives and proposed rules raised

in this proceeding do not overlap, duplicate

or conflict with any other rules.

It is further ordered, that the Commission’s

Office of Public Affairs, Reference Operations

Division, SHALL SEND a copy of this Notice,

including the Initial Regulatory Flexibility

Analysis, to the Chief Counsel for Advocacy

of the Small Business Administration. A

copy of this IRFA will also be published in

the Federal Register.

Paperwork Reduction Act

This NPRM contains either a proposed or

modified information collection. The

Commission, as part of its continuing effort

to reduce paperwork burdens, invites the

general public and the Office of Management

and Budget (OMB) to comment on the

information collections contained in this

NPRM, as required by the Paperwork

Reduction Act of 1995, Public Law No. 104–

13. Public and agency comments are due at

the same time as other comments on this

NPRM; OMB comments are due 60 days from

date of publication of this NPRM in the

Federal Register. Comments should address:

(a) whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility; (b)

the accuracy of the Commission’s burden

estimates; (c) ways to enhance the quality,

utility, and clarity of the information

collected; and (d) ways to minimize the

burden of the collection of information on

the respondents, including the use of

automated collection techniques or other

forms of information technology.

OMB Approval Number: None.

Title: NPRM—Streamlining of Mass Media

Applications, Rules and Processes.

Form Nos.: FCC 301 (3060–0027), FCC

302–AM (3060–0627), FCC 302–FM (3060–

0506), FCC 302–TV (3060–0029), FCC 307

(3060–0407), FCC 314 (3060–0031), FCC 315

(3060–0032), FCC 316 (3060–0009), FCC 340

(3060–0034), FCC 345 (3060–0075), FCC 346

(3060–0016), FCC 347 (3060–0017), FCC 349

(3060–0405), FCC 350 (3060–0404), FCC 398

(3060–0754), FCC 5072 (change of address

form), FCC 323 (3060–0010)/FCC 323–E

(3060–0084)

Type of Review: New collection.

Respondents: Businesses or other forprofit, not-for-profit institutions.

Number of Respondents: 13,767 (this

number includes respondents for all forms

listed above).

Estimated Time Per Response: Varies from

2.5 hours to 1,016 hours (this represents the

lowest burden/highest burden forms).

Frequency of Response: Reporting

requirement, on occasion.

Estimated Cost to Respondent: $65,898,600

(this number represents a total of all

information collections involved).

Estimated Total Annual Burden: 174,082

hours (this number represents a total of all

information collections).

Needs and Uses: With this NPRM, the

Commission seeks comment on streamlining

broadcast applications and licensing

procedures, reducing administrative and

filing requirements and eliminating rules and

procedures that no longer advance key

regulatory objectives. The Commission also

seeks comment on whether to mandate

electronic filing for broadcast application and

reporting forms.

[FR Doc. 98–10309 Filed 4–16–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 644

[Docket No. 980413091–8091–01; I.D.

030998B]

RIN 0648–AK90

Options for Implementing Vessel

Monitoring Systems Requirements for

Highly Migratory Species Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking (ANPR); request for

comments.

SUMMARY: NMFS is requesting

comments on options for implementing

a recommendation of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT), requiring each

member country with vessels greater

than 24 meters (78.74 ft) in overall

length and fishing for ICCAT species on

the high seas outside the fisheries

jurisdiction (Exclusive Economic Zone,

EEZ) of that country, to adopt a pilot

program for a satellite-based vessel

monitoring system (VMS). The 3-year

ICCAT-recommended VMS pilot

program is to be implemented effective

January 1, 1999.

DATES: Written comments on this ANPR

must be received on or before June 1,

1998.

ADDRESSES: Written comments should

be addressed to Rebecca Lent, Chief,

Highly Migratory Species Management

Division (F/SF1), Office of Sustainable

Fisheries, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Buck Sutter, 813–570–5447; fax: 813–

570–5364; or Jill Stevenson, 301–713–

2347; fax: 301–713–1917.

SUPPLEMENTARY INFORMATION:

Background

At the 1997 annual meeting held in

Madrid, Spain, ICCAT adopted a

recommendation that each member

country institute a VMS pilot project for

vessels greater than 24 meters (78.74 ft)

in total length fishing on the high seas

outside the EEZ of a member country.

The ICCAT recommendation calls for

each member country to require the

installation of a VMS unit on 10 percent

of the vessels or on 10 qualified vessels,

whichever is greater, that target fisheries

under ICCAT jurisdiction. In order for

the United States to meet ICCAT

obligations, 10 U.S. vessels must be

equipped with operational VMS units

by January 1, 1999.

The Secretary of Commerce has the

responsibility, under the Atlantic Tunas

Convention Act (ATCA; 16 U.S.C. 971 et

seq.), to implement ICCAT

recommendations. Fisheries that are

affected by the ICCAT recommendation

include those that target Atlantic

swordfish and Atlantic tuna (Atlantic

albacore, bluefin, bigeye, skipjack and

yellowfin tunas) in waters outside the

U.S. EEZ. NMFS is developing a

program to implement the ICCAT

recommendation and is seeking public

comments before proceeding with

program development and

implementation by January 1, 1999. A

draft plan of the U.S. program must be

provided to ICCAT by June 1, 1998.

The U.S. Atlantic swordfish fishery is

managed under the Fishery

Management Plan for Atlantic

Swordfish and its implementing

regulations at 50 CFR part 630, under

the authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.) and ATCA.

The Atlantic tunas fishery is managed

under the authority of ATCA and

regulations at 50 CFR part 285.

Commercial vessels of the United States

fishing in the Atlantic Ocean must

obtain federal fisheries permits to land

swordfish and tunas (50 CFR 630.4 and

50 CFR 285.21, respectively). In

addition, under the High Seas Fishing

Compliance Act (HSFCA) of 1995 and

its implementing regulations (50 CFR

part 300), U.S. vessels fishing beyond

the EEZ are required to obtain a HSFCA

permit and comply with applicable

requirements, including reporting.

The ICCAT VMS pilot program

applies only to vessels larger than 24
19236 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 / Proposed Rules

meters (78.74 ft) fishing for highly

migratory species on the high seas,

outside the EEZ of a member country.

The most direct mechanism NMFS has

to identify U.S. vessels that fulfill these

ICCAT requirements is to query the

HSFCA database for vessels that meet

the ICCAT size criteria. The subset of

HSFCA permitted vessels 79 feet and

larger was further reduced by

identifying which vessels also hold an

Atlantic swordfish and/or Atlantic tuna

permit. NMFS estimates that

approximately 33 U.S. vessels meet all

ICCAT requirements. However, some of

these vessels (e.g., trawling vessels) do

not target highly migratory fish species,

but hold HMS permits to allow

retention of incidentally caught

swordfish and tunas. These vessels

would not be included in the pilot

program because the ICCAT

recommendation specifies selection of

vessels targeting species under ICCAT

jurisdiction. Excluding these trawling

vessels, approximately 20 U.S.

commercial vessels fit the criteria set

forth by the ICCAT recommendation for

the VMS pilot program; therefore, the

United States must have at least 10

vessels equipped with operational VMS

units by January 1, 1999, to meet ICCAT

obligations.

VMS is an automated, real-time,

satellite-based tracking system coupled

with a Global Positioning System (GPS)

that obtains accurate position reports of

vessels at sea. Real-time vessel location

information is sent automatically from a

transceiver on board the fishing vessel.

ICCAT requires that any VMS used in

the pilot program: (1) be tamper proof;

(2) be fully automatic and operational at

all times regardless of environmental

conditions; (3) provide real time data;

and (4) provide latitude and longitude,

with a position accuracy of 500 meters

or better. Several companies

manufacture and distribute VMS units.

Not all systems, however, are

compatible. NMFS has initially

determined that system compatibility is

necessary to avoid confusion and to

establish effective, cost-efficient

communication protocols. The use of

VMS by NMFS in other fisheries is

discussed in 59 FR 15180, March 31,

1994. In addition to the four ICCAT

VMS requirements listed above, the

following system parameters have been

identified by NMFS for the use of VMS

in other fisheries, and will be required

components for the ICCAT VMS pilot

program: (1) A fully integrated

International Maritime Satellite

(Inmarsat)-C and GPS Transceiver; (2)

flexible position reporting capabilities;

(3) acceptance (e.g., trawling vessels) by

the International Maritime Organization

as meeting the requirements for the

Global Maritime Distress and Safety

System;(4) password protected

configuration to prevent unauthorized

reconfiguration of the transceiver;(5)

incorporation of a low-cost data

reporting mode over the signal channel

to allow the transmission of the vessel

identifier and the location of the vessel;

(6) capability of sending and receiving

Telex, E-mail and computer data; (7)

secure, private two-way

communications; (8) capability to poll

the transceiver unit remotely to

determine vessel position; (9) ability to

automatically generate position reports

during power up, power down,

antennae disconnection, and antenna

blockage; (10) global coverage; and (11)

ability to store and forward

communication.

The installation of a VMS unit on

board high-seas fishing vessels will

provide several benefits to the vessel

and the supporting industries. A VMS

transceiver is capable of sending and

receiving confidential communications

(data and text messages) with the

addition of a personal computer. A

personal computer, however, is not part

of the required system for the ICCAT

VMS pilot program, although there

would be benefits to the vessel owner or

operator. Secure communications with

business partners, owners and/or

seafood dealers could provide

participating vessels a mechanism to

market their products in a manner that

could enhance ex-vessel price and

increase the vessel’s competitive

advantage. The captain and crew could

also communicate with family

regardless of distance from shore. The

communication linkage with shore, via

the VMS units, would allow a vessel to

fish more efficiently and decrease the

incidence of interrupted trips. For

example, broken gear could be ordered

while at sea, and shipped to a

convenient location or brought out on

another vessel, reducing the time

wasted traveling to retrieve needed gear

that could otherwise have been spent

fishing.

The VMS units will provide an

enhanced safety feature to the fishing

vessel. Qualified VMS units have a

safety feature on the transceiver that

could be easily activated so that an

immediate distress signal could be sent

from anywhere in the Atlantic Ocean

and alert rescue authorities of the

vessel’s exact real-time position. The

VMS unit would also provide the added

safety of a second GPS on board. For

example, in the Hawaii longline pilot

VMS study between January 1, 1996,

and March 15, 1997, the U.S. Coast

Guard estimated that the VMS assisted

in approximately 120 search and rescue

cases.

Another benefit could be that vessels

targeting swordfish that participate in

the ICCAT VMS program would be

eligible for the 1998 directed swordfish

closure VMS pilot program. Under that

program, a vessel with a qualified VMS

unit can apply for an Exempted Fishing

Permit and will be allowed to retain

swordfish on board the fishing vessel

after the directed swordfish fishery has

closed, provided all requirements to

participate in that program are met.

Swordfish can then be offloaded in a

location and time that maximizes exvessel price. Information on the current

swordfish pilot program can be obtained

from NMFS, Highly Migratory Species

Division (SEE ADDRESSES). NMFS is also

investigating the possibility of providing

low-interest loans for this program

through the Fishing Finance Program.

The ICCAT VMS pilot study will

allow NMFS to monitor vessel position

on a real-time basis anywhere in the

Atlantic Ocean. All automated data

reports received by NMFS to monitor

vessel positions will be treated

consistent with NMFS guidelines for

confidential information. In the Hawaii

longline VMS study, NMFS determined

that remote vessel monitoring greatly

enhanced the effectiveness and

efficiency in enforcing regulatory

constraints on a high-seas fishery.

Installation of VMS units enabled law

enforcement to monitor a high

percentage of the vessels participating

in the longline fishery, at a greatly

reduced cost in comparison to

traditional surveillance methods (i.e.,

aircraft and surface vessels).

The cost of the VMS is approximately

$3,500 to $5,000 per vessel for the

initial purchase of the equipment,

including the transceiver and antenna.

Installation of the equipment will cost

approximately $1,000, and

communication charges for required

automated position reports are about

$2.50 per day. Repair and maintenance

costs may approach $1,000 per year.

Additional costs would include the

purchase of an optional personal

computer and text messages

(approximately $0.01 per character) that

are sent or received by the vessel.

Alternatives

Should it be determined that

rulemaking is necessary to implement

this mandatory ICCAT program, NMFS

is currently considering the following

alternatives to implement the ICCAT

VMS pilot program:

(1) NMFS would solicit 10 volunteers

from the qualified HSFCA and Highly
Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 / Proposed Rules 19237

Migratory Species (HMS) permit

(Atlantic swordfish and Atlantic tunas)

database with vessel lengths greater

than 24 meters (78.74 ft) and utilizing

longline gear to either purchase or use

existing VMS equipment that qualifies

under the requirements set forth in this

Advanced Notice of Proposed

Rulemaking (ANPR) for the duration of

this 3-year project.

(2) NMFS would select 10 qualified

vessels (holders of valid HSFCA and

HMS permits, with vessel lengths

greater than 24 meters (78.74 ft), and

utilizing longline gear) and require

purchase of a qualified VMS unit, as

described by this ANPR. These vessels

would be required to send automated

position reports over the 3-year period

covered by this pilot study.

(3) NMFS would require purchase of

a qualified VMS unit, as described by

this ANPR, by all holders of valid

HSFCA and HMS permits with vessel

lengths greater than 24 meters (78.74 ft),

that fish with longline gear. These

vessels would be required to send

automated position reports over the 3-

year period covered by this pilot study.

(4) NMFS would require purchase of

a qualified VMS unit, as described by

this ANPR, by all holders of an HMS

permit with a vessel length greater than

24 meters (78.74 ft) and utilizing

longline gear, regardless of the

possession of a HSFCA permit. These

vessels would be required to send

automated position reports over the 3-

year period covered by this pilot study.

NMFS will not consider purchasing

the individual VMS units for the ICCAT

pilot program. The western Pacific

longline pilot VMS program was funded

by the government solely for the

purposes of testing the application of

VMS technology in longline fisheries.

That study has been completed, and the

study report is available from NMFS

(See ADDRESSES). As a result of the

success of the Hawaii VMS pilot

program, NMFS has pursued the use of

VMS in other fisheries to improve the

enforcement of fisheries regulations.

Installation of a VMS unit is now

required by NMFS in other U.S.

fisheries, at the vessel owners’ or

operators’ expense, including, but not

limited to, the Western Pacific

Crustacean Fishery, Atlantic Sea Scallop

Fishery, Northeast Multispecies Fishery,

and Alaska Groundfish Fisheries. NMFS

has convened an internal team to

discuss the potential benefits of VMS in

HMS fisheries and will be preparing a

required document to ICCAT by June 1,

1998, outlining the planned

implementation of the ICCAT VMS pilot

program for the United States.

Request For Comments

NMFS solicits comments on

implementation of the ICCAT

requirement to initiate, by January 1,

1999, a VMS pilot program for vessels

larger than 24 meters (78.74 feet), that

fish outside the United States EEZ.

Comments received on this ANPR will

assist NMFS in determining the options

for rulemaking to implement the

requirements of this international

agreement.

Classification

This advance notice of proposed rule

making has been determined to be not

significant for purposes of E.O. 12866.

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

Dated: April 13, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–10243 Filed 4–16–98; 8:45 am]

BILLING CODE 3510–22–F