Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations 1829

appropriate aeronautical charts thereby

enabling pilots to either circumnavigate

the area, continue to operate under VFR

to and from the airport, or otherwise

comply with IFR procedures. Class E

airspace areas extending from 700 feet

or more above the surface of the earth

are published in paragraph 6005 of FAA

Order 7400.9D, dated September 4,

1996, and effective September 16, 1996,

which is incorporated by reference in 14

CFR 71.1. The Class E airspace

designation listed in this document will

be published subsequently in the Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 96–ACE–22.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of it may be

obtained by contacting the Rules Docket

at the location provided under the

caption ADDRESSES.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends part 71 of the

Federal Aviation Regulations (14 CFR

part 71) as follows:

PART 71—AMENDED

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g); 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE NE E5 Alliance, NE [Revised]

Alliance Municipal Airport, NE

(lat. 42°03′12′′ N., long. 102°48′13′′ W.)

Alliance VOR/DME

(lat. 42°03′20′′ N., long. 102°48′16′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.8-mile

radius of the Alliance Municipal Airport and

within 3 miles each side of the 145° radial

of the Alliance VOR/DME extending from the

6.8-mile radius to 10.5 miles southeast of the

VOR/DME and within 3 miles each side of

the 302° radial of the Alliance VOR/DME

extending from the 6.8-mile radius to 8.7

miles northwest of the VOR/DME.

* * * * *

Issued in Kansas City, MO, on December

17, 1996.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–847 Filed 1–13–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 960910252–6329–02; I.D.

082296B]

RIN 0648–AI77

Fisheries of the Northeastern United

States; Atlantic Sea Scallop Fishery;

Amendment 5

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.
1830 Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations

SUMMARY: NMFS issues this final rule to

implement Amendment 5 to the Fishery

Management Plan for the Atlantic Sea

Scallop Fishery (FMP). The final rule

closes a 9 mi2 (23.31 km2) site to

transiting and fishing with other than

hand gear for an 18-month period to

allow for the conduct of a NMFSsponsored sea scallop aquaculture

research project, provides for

exemptions from the closure for vessels

using certain gear types and for vessels

participating in the project, and

provides for temporary exemptions for

vessels participating in the project from

certain fishing regulations that might

inhibit or prevent their performing any

activity necessary for project operations.

The intended effect of this action is to

support the aquaculture research project

and prevent conflicts between fishing

gear and project equipment for the

limited duration of the project.

EFFECTIVE DATE: February 13, 1997

through July 15, 1998.

ADDRESSES: Copies of Amendment 5, its

regulatory impact review (RIR), the

initial regulatory flexibility analysis

contained within the RIR, and the

environmental assessment are available

from Christopher Kellogg, Acting

Executive Director, New England

Fishery Management Council, Suntaug

Office Park, 5 Broadway, Saugus, MA

01906–1097.

Comments regarding burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to Dr. Andrew A.

Rosenberg, Regional Administrator, 1

Blackburn Drive, Gloucester, MA 01930,

and the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, D.C. 20502 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, 508–

281–9273.

SUPPLEMENTARY INFORMATION:

Amendment 5 to the FMP was prepared

by the New England Fishery

Management Council (Council). A

notice of availability for the amendment

when it was proposed, was published

on August 29, 1996 (61 FR 45395), and

a proposed rule to implement it was

published on September 20, 1996 (61 FR

49428). Details of this action were

described in the preamble to the

proposed rule and are not repeated here.

Approved Management Measures

This final rule establishes a 9 mi2

(23.31 km2) area closure approximately

12 mi (22.22 km) southwest of the

island of Martha’s Vineyard, MA

(hereinafter called the Sea Scallop

Experimental Area), to transiting and

fishing with other than handgear for an

18-month period to allow for the

conduct of a NMFS-sponsored

(Saltonstall-Kennedy (NOAA Award NA

66FD0027)) sea scallop aquaculture

research project and provides for

exemptions from the closure for vessels

using certain gear types and for vessels

participating in the project.

Additionally, this final rule provides

the Regional Administrator (RA) with

authority to temporarily exempt a vessel

participating in the project from any

specific Federal fishing regulation

which inhibits or prevents the vessel

from performing any activity necessary

for project operations, such as

regulations prohibiting the use of

nonconforming fishing gear or the

possession of scallops when not fishing

under a DAS allocation.

This action prohibits fishing other

than with handgear within the Sea

Scallop Experimental Area for 18

months. However, fishing with gear

other than gillnet and mobile, i.e.,

trawls and dredges such as lobster pots,

longline, and any other gear determined

by the RA as not likely to interfere with

the research project, will be allowed in

the area pursuant to an Allowable Gear

Permit (AGP) issued by the RA. This

permit requirement will enable the RA

to inform vessel operators of the

location of the research equipment and

avoid potential conflicts between

fishery and project activities. Fishers

authorized to fish in the Sea Scallop

Experimental Area under an AGP may

also be required periodically to remove

their gear or may be required to set their

gear a certain minimum distance from

research project activities. At least 2

weeks notice will be provided to vessel

operators of any requirement to relocate

fishing gear.

All vessels will be allowed to transit

the area at any time, provided their

fishing gear is properly stowed.

Vessels participating in the project

will be allowed to fish within and

transit the Sea Scallop Experimental

Area pursuant to an EFP issued by the

RA. Such EFP may exempt such vessel

from specific Federal fishing regulations

which may inhibit or prevent that vessel

from performing any activity necessary

for project operations such as

regulations prohibiting the use of nonconforming fishing gear or the

possession of scallops when not fishing

under a DAS allocation. Vessels issued

an EFP are exempt from DAS

requirements for any trip transiting to

and from, and conducted exclusively

within, the Sea Scallop Experimental

Area, and for the portion of any trip

used to transport sea scallops from the

fishing grounds to the area. The EFP

also may allocate and authorize the use

of up to 2 additional DAS for the

collection of sea scallops from the

fishing grounds for transportation to the

Sea Scallop Experimental Area. Vessels

issued an EFP must comply with all

conditions and restrictions specified in

the permit.

Comments and Responses

Written comments were received from

one individual.

Comment: The commenter expressed

concern about lobster gear that is

typically fished in a portion of the Sea

Scallop Experimental Area for about 6

months per year, and whether the

project managers will be able to work

around lobster gear during the research

project period.

Response: The Regional

Administrator will issue AGPs to lobster

pot vessels interested in fishing within

the Sea Scallop Experimental Area.

Lobster fishers may be required to

remove their gear periodically or may be

required to set fishing gear a certain

minimum distance from research project

activities. The AGP program provides a

means by which to communicate the

dates and specific locations of project

equipment and activities to those who

are fishing in the area. At least 2 weeks

notice will be provided prior to

activities that would require removal of

fishing gear. A minimum of 4 weeks

notice will be provided in the event that

more than 25 percent of the closed area

is involved. NMFS will continue to

stress to the principal NOAA grant

investigators for the project that

communication between fishers and

project managers be maintained for the

duration of the project to prevent

conflicts.

Changes From the Proposed Rule

Changes were made to § 648.56(a) to

clarify which permits are required for

vessels participating in the sea scallop

aquaculture research project or fishing

within the Sea Scallop Experimental

Area, but not participating in the

project. Editorial simplifications and

clarifications were made throughout the

rule.

Classification

The Regional Administrator

determined that this final rule is

necessary for the conservation and

management of the Atlantic sea scallop

fishery and that it is consistent with the

Magnuson-Stevens Act Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and other

applicable law.
Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations 1831

This final rule has been determined to

be significant for the purposes of E.O.

12866. The action raises a novel legal or

policy issue arising out of a legal

mandate under the Magnuson-Stevens

Act, in that it may be viewed as setting

a precedent for establishing other

aquaculture efforts in the exclusive

economic zone.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration when

this rule was proposed that it would not

have a significant economic impact on

a substantial number of small entities.

The comment received and the changes

made to the rule do not change the basis

for that certification. Accordingly, a

regulatory flexibility analysis was not

prepared.

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 rule contains one new collectionof-information requirement subject to

the PRA. This collection-of-information

requirement has been approved by

OMB, and the OMB control number and

public reporting burden are listed as

follows: Sea Scallop Experimental Area

authorization request, (0.5 hours/

response) under OMB Control Number

0648–0321.

The estimated response time includes

the time needed 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 and

OMB (see ADDRESSES).

NMFS reinitiated consultation on the

Atlantic Sea Scallop FMP on October 7,

1996. This consultation will consider

new information concerning the status

of the northern right whale. The

Regional Administrator has determined

that the implementation of Amendment

5, pending completion of that

consultation, will not result in any

irreversible or irretrievable commitment

of resources that would have the effect

of foreclosing the formulation or

implementation of any reasonable and

prudent alternative measures.

List of Subjects

15 CFR Part 909

Reporting and recordkeeping

requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: January 8, 1997.

Charles Karnella,

Acting Deputy Assistant Administrator for

Fisheries, National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and 50

CFR chapter VI 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, in 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

Current

OMB control number

(all numbers

begin with

0648–)

* * * * *

* *

50 CFR

* * * * *

648.56 ....................................... –0321

* * * * *

50 CFR CHAPTER VI

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

3. The authority citation for part 648

continues to read as follows:

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

4. In § 648.14, paragraph (a)(96) is

added to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(96 ) Fish within or transit, with other

than handgear, the Scallop

Experimental Area defined in

§ 648.56(a)(1), except as provided for in

§ 648.56 (a)(2) and (a)(3).

* * * * *

5. Section 648.56 is added to subpart

D to read as follows:

§ 648.56 Scallop research project.

(a)(1) Scallop experimental area.

From February 13, 1997 through July 15,

1998, no fishing vessel or person on a

fishing vessel may fish within or transit,

with other than handgear, the area

known as the Sea Scallop Experimental

Area, as defined by straight lines

connecting the following points in the

order stated, except as provided for in

paragraphs (a)(2) and (a)(3) of this

section:

Point Latitude Longitude

1 ................... 41°11.8′ N. 70°50′ W.

2 ................... 41°11.8′ N. 70°46′ W.

3 ................... 41°08.8′ N. 70°46′ W.

4 ................... 41°08.8′ N. 70°50′ W.

(2) Exemptions. A fishing vessel and

persons on a fishing vessel may fish

within or transit the Sea Scallop

Experimental Area:

(i) With pot gear and traps, longline

gear, or any other gear, provided such

pot gear and traps, longline gear, or

other gear is determined by the Regional

Director as not likely to interfere with

the sea scallop aquaculture research

project in the Sea Scallop Experimental

Area, and provided such vessel has been

issued an allowed gear permit (AGP)

under paragraph (a)(4)(i) of this section;

or

(ii) If such vessel has been issued an

experimental fishing permit (EFP) under

paragraph (a)(4)(i) of this section to

participate in the sea scallop

aquaculture research project in the Sea

Scallop Experimental Area.

(3) Transiting. Vessels that are not

exempted from the prohibition against

fishing within or transiting the Sea

Scallop Experimental Area under

paragraph (a)(2) of this section may

transit such area provided their gear is

stowed in accordance with the

provisions of § 648.81(e).

(4) Allowed gear and experimental

fishing permits—(i) Allowed gear

permits. The Regional Director may

issue an AGP to any vessel to fish

within and transit the Sea Scallop

Experimental Area with the gear

specified in paragraphs (a)(2)(i) of this

section. Vessels issued an AGP may be

required to move their gear within, or

remove their gear from, the area upon

notification by the Regional Director

and must comply with any additional

conditions and restrictions specified in

the permit.
1832 Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Rules and Regulations

(ii) Experimental fishing permits. The

Regional Director may issue an EFP

under the provisions of § 648.12, if

consistent with the provisions of

paragraph (a)(4)(iv) of this section, to

any vessel participating in the sea

scallop aquaculture research project to

fish within and transit the Sea Scallop

Experimental Area. Such an EFP may

exempt such vessel from specific

Federal fishing regulations which may

inhibit or prevent that vessel from

performing any activity necessary for

project operations such as regulations

prohibiting the use of non-conforming

fishing gear or the possession of scallops

when not fishing under a DAS

allocation. Vessels issued an EFP shall

be exempted from DAS requirements as

specified in the FMP for any trip in

which the vessel engages exclusively in

project activities such as bottom

surveying, biological sampling, or use of

non-regulated hand gear outside the Sea

Scallop Experimental Area. The EFP

also may allocate and authorize the use

of up to 2 additional DAS for project

activities relating to scallop seeding.

Vessels issued an EFP must comply

with all conditions and restrictions

specified in the permit.

(iii) A vessel with an AGP or EFP

must carry the permit on board the

vessel while fishing in the Sea Scallop

Experimental Area or participating in

the scallop aquaculture project.

(iv) The Regional Director may not

issue an AGP or EFP unless he

determines that issuance is consistent

with the objectives of the FMP, the

provisions of the Magnuson-Stevens

Act, and other applicable law and will

not:

(A) Have a detrimental effect on the

sea scallop resource and fishery;

(B) Create significant enforcement

problems; or

(C) Have a detrimental effect on the

scallop project.

(5) Application. An application for an

AGP or EFP must be in writing to the

Regional Director and be submitted at

least 30 days before the desired effective

date of the permit. The application must

include, but is not limited to, the

following information:

(i) The date of application.

(ii) The applicant’s name, current

address, telephone number and fax

number if applicable.

(iii) The current vessel name, owner

address, and telephone number.

(iv) The vessel’s Federal permit

number.

(v) The USCG documentation number.

(vi) The species (target and incidental)

expected to be harvested.

(vii) The gear type, size, buoy colors,

trap identification markings and amount

of gear that will be used; and exact

time(s) fishing will take place in the Sea

Scallop Experimental Area.

(viii) The signature of the applicant.

(b) [Reserved]

[FR Doc. 97–872 Filed 1–13–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 560

Iranian Transactions Regulations

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Notice; extension of time to

report.

SUMMARY: The Office of Foreign Assets

Control of the U.S. Department of the

Treasury is extending to May 30, 1997,

the deadline for submission of quarterly

reports pursuant to § 560.603 of the

Iranian Transactions Regulations for the

quarters ending December 31, 1996, and

March 31, 1997.

EFFECTIVE DATE: January 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Loren L. Dohm, Chief, Blocked Assets

Divison (tel.: 202/622–2440), or William

B. Hoffman, Chief Counsel (tel.: 202/

622–2410), Office of Foreign Assets

Control, Department of the Treasury,

Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem, dial 202/

515–1387 and type ‘‘/GO FAC,’’ or call

202/512–1530 for disk or paper copies.

This file is available for downloading

without charge in WordPerfect 5.1,

ASCII, and Adobe AcrobatTM readable

(*.PDF) formats. For Internet access, the

address for use with the World Wide

Web (Home Page), Telnet, or FTP

protocol is: fedbbs.access.gpo.gov. The

document is also accessible for

downloading in ASCII format without

charge from Treasury’s Electronic

Library (‘‘TEL’’) in the ‘‘Business, Trade

and Labor Mall’’ of the FedWorld

bulletin board. By modem, dial 703/

321–3339, and select the appropriate

self–expanding file in TEL. For Internet

access, use one of the following

protocols: Telnet = fedworld.gov

(192.239.93.3); World Wide Web (Home

Page) = http://www.fedworld.gov; FTP

= ftp.fedworld.gov (192.239.92.205).

Additional information concerning the

programs of the Office of Foreign Assets

Control is available for downloading

from the Office’s Internet Home Page:

http://www.ustreas.gov/treasury

services/fac/fac.html, or in fax form

through the Office’s 24–hour fax–on–

demand service: call 202/622–0077

using a fax machine, fax modem, or

(within the United States) a touch–tone

telephone.

Notice

On November 15, 1996, the Office of

Foreign Assets Control (‘‘OFAC’’)

published an amendment to § 560.603 of

the Iranian Transactions Regulations, 31

CFR Part 560 (the ‘‘Regulations’’), which

imposes reporting requirements on

United States persons with foreign

affiliates (See 61 FR 58480). Any report

required to be submitted to OFAC

pursuant to § 560.603 of the Iranian

Transactions Regulations for the quarter

ending December 31, 1996, or for the

quarter ending March 31, 1997, may be

filed up to but no later than May 30,

1997.

Issued: January 7, 1997.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: January 7, 1997.

James E. Johnson,

Assistant Secretary (Enforcement)

[FR Doc. 97–974 Filed 1–10–97; 12:08 pm]

BILLING CODE 4810–25–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 1, 2, 21, 22, 60, 61, 62,

147, 262, 272, 707, 763

[FRL–5674–2]

Technical Amendments to Revise

Addresses

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: The EPA is revising the

address for its Region 5 office, and those

of the environmental agencies of the

States of Illinois, Michigan and Ohio in

40 CFR Parts, 1, 2, 21, 60, 61, 62, 147,

272, 707, and the appendices to 40 CFR

Parts 22, 262, and 763 because of

changes in office locations. This

document does not change the

substantive requirements of the

standards.

EFFECTIVE DATE: This action becomes

effective January 14, 1997.

FOR FURTHER INFORMATION CONTACT: John

Gaitskill, United States Environmental

Protection Agency, Region 5, Chicago,

Illinois 60604–3590, (312) 886–6795.