30174 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules

and West Longitude 122–11–53. See

Supplementary Information, infra.

DATES: Comments must be filed on or

before July 13, 1998, and reply

comments on or before July 28, 1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Matthew H. McCormick,

Esq., Reddy, Begley, & McCormick, 2175

K Street, NW., Suite 350, Washington,

DC 20037 (Counsel for Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making and Order to

Show Cause, MM Docket No. 98–74,

adopted May 13, 1998, and released

May 22, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

Additionally, Channel 262C2 can be

substituted at Wenatchee in compliance

with the Commission’s minimum

distance separation requirements at

Station KKRV(FM)’s presently licensed

site; and Channel 285C1 can be

substituted at Moses Lake at Station

KWIQ–FM’s presently licensed site. The

coordinates for Channel 262C2 at

Wenatchee are North Latitude 47–28–44

and West Longitude 120–12–49; and the

coordinates for Channel 285C1 at Moses

Lake are North Latitude 47–06–09 and

West Longitude 119–14–26.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–14681 Filed 6–2–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 980427104–8104–01; I.D.

072897B]

RIN 0648–AK29

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery Off the Southern Atlantic

States; Certification of Bycatch

Reduction Devices

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to prescribe additional procedures

for the testing and certification of

bycatch reduction devices (BRDs) for

use in penaeid shrimp trawls in the

exclusive economic zone (EEZ) in the

South Atlantic. The use of BRDs in all

such trawls became mandatory under

the final rule implementing Amendment

2 to the Fishery Management Plan for

the Shrimp Fishery of the South

Atlantic Region (FMP). In addition, the

proposed rule would add a paragraph to

the Testing Protocol for BRD

Certification providing details on the

additional testing and certification

procedures. The proposed rule also

would add four measures to the list of

measures that may be implemented or

modified through the framework

procedures contained in Amendment 2

for adjusting management measures.

The additional testing and certification

procedures that would be prescribed by

the proposed rule should foster the

development of alternative BRDs that

meet the bycatch reduction criterion for

Spanish mackerel and weakfish, while

minimizing inconvenience to fishermen

and/or loss of shrimp. The addition of

management measures that may be

adjusted via the framework procedures

is intended to enhance the ability of the

South Atlantic Fishery Management

Council (Council) and NMFS to react in

a timely manner to changes in the

fishery or to new data.

DATES: Written comments must be

received on or before July 6, 1998.

ADDRESSES: Comments on the proposed

rule must be sent to the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

Comments regarding the collection-ofinformation requirement contained in

this rule should be sent to Edward E.

Burgess, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

Requests for copies of the Bycatch

Reduction Device Testing Protocol

Manual, should be sent to the South

Atlantic Fishery Management Council,

One Southpark Circle, Suite 306,

Charleston, SC 29407–4699; Phone:

803–571–4366; Fax: 803–769–4520.

FOR FURTHER INFORMATION CONTACT:

Peter J. Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

shrimp fishery in the EEZ of the South

Atlantic is managed under the FMP. The

FMP was prepared by the Council and

is implemented through regulations

issued under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) at 50 CFR part

622.

The availability of Amendment 2 to

the FMP was announced in the Federal

Register on November 25, 1996 (61 FR

59856). The final rule implementing

Amendment 2 to the FMP (62 FR 18536,

April 16, 1997) requires the use of

certified BRDs in all penaeid shrimp

trawls in the EEZ in the South Atlantic,

identifies the three BRDs certified by

NMFS for such use, and sets forth

administrative procedures and a testing

protocol for certifying additional BRDs

meeting Amendment 2’s bycatch

reduction criterion for Spanish mackerel

and weakfish. The criterion for

certification of a BRD for use in shrimp

trawls in the South Atlantic EEZ is a

reduction of at least 40 percent in the

number of weakfish and Spanish

mackerel caught incidentally in shrimp

trawls or a reduction of at least 50

percent in the bycatch component of

fishing mortality for Spanish mackerel

and weakfish. The Testing Protocol for

BRD Certification was published as an

uncodified appendix to the final rule,

and was corrected on September 4, 1997

(62 FR 46679). This rule proposes to

establish additional testing and

certification procedures and to add a

paragraph to the Testing Protocol for

BRD Certification regarding those
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules 30175

procedures. Specifically, this rule

would require a person seeking

certification of a BRD for use in shrimp

trawls in the South Atlantic EEZ to

apply for and obtain a letter of

authorization from the Regional

Administrator, Southeast Region, NMFS

(Regional Administrator) before

conducting any tests in the EEZ, to test

the BRD in accordance with the Testing

Protocol for BRD Certification, and to

submit the test results to the Regional

Administrator. The paragraph that

would be added to the Testing Protocol

for BRD Certification would require

notification of state directors where

appropriate and would add details

regarding the application and letter of

authorization process.

The existing Testing Protocol for BRD

Certification describes the background

and rationale for BRD testing, details

basic testing procedures, requires that

all tests be conducted with an approved

observer onboard, specifies the type of

data to be collected, and describes the

statistical procedures and approach for

analyzing the data. The Testing Protocol

for BRD Certification requires that a

trawl fitted with a BRD and a trawl

without a BRD be towed simultaneously

under commercial conditions and that

the total catch, finfish catch, and shrimp

catch from each trawl be compared. The

Testing Protocol for BRD Certification

requires that tow times, time of day, and

fishing techniques simulate commercial

fishing conditions. A minimum sample

size of 30 successful tows is required. A

successful tow is defined as one in

which at least five weakfish or one

Spanish mackerel are caught, regardless

of which trawl they were caught in.

Additional tows may be needed to

obtain an adequate statistical sample.

Data collected under the Testing

Protocol for BRD Certification is

analyzed using a modified paired t-test,

which is a method for determining

whether the average of two sets of

observations is significantly different,

especially with small sampling sizes. A

95–percent confidence interval must be

calculated for the bycatch reduction

estimate.

The Testing Protocol for BRD

Certification as well as standardized

forms for describing the tests and

reporting their results have been

included in a Bycatch Reduction Testing

Protocol Manual (Manual) available

from NMFS (see ADDRESSES).

Appendices to the Manual contain data

entry codes, illustrations of fish

measurements, statistical reporting

zones, proper techniques for statistical

analyses, illustrations of key species,

and other information concerning the

proper conduct of testing, including

data management instructions.

Additional details are contained in the

Manual.

Amendment 2 contains framework

procedures for establishing or modifying

specified types of management

measures. The procedures for certifying

BRDs and publishing their

specifications was discussed in the

preamble to the initial proposed rule (62

FR 720, January 6, 1997) and is not

repeated here. In this rule, NMFS

proposes to add at 50 CFR 622.48(h)

four other measures listed in

Amendment 2 that may be established

or modified in accordance with the

FMP’s framework procedures: the BRD

certification criteria, the BRD testing

protocol, nets required to use BRDs, and

times and locations for the required use

of BRDs. The procedures for

establishing or modifying these four

measures are set forth in Amendment 2

and require that changes be initiated by

the Council’s BRD Advisory Panel,

reviewed by the Council and its Science

and Statistical Committee, discussed at

a public hearing, submitted for the

Regional Administrator’s concurrence

that they are consistent with the FMP

and the Magnuson-Stevens Act, and

published as proposed and final rules.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities as follows:

Testing of BRDs is expected to be

undertaken by state agencies of Georgia,

North Carolina and South Carolina, by the

University of Georgia, and by owners of

vessels that harvest shrimp in South Atlantic

waters. The state agencies and the University

of Georgia are not small entities.

For the 1994 fishing season, about 1,400

large shrimp vessels were licensed in Florida,

Georgia, North Carolina and South Carolina.

In addition, there were probably 1,000 or

more small vessels that have a significant

dependence on shrimp trawling off these

states, mostly in North Carolina waters.

These entities are considered small entities

for purposes of the Regulatory Flexibility

Act.

Although owners of shrimp vessels who

voluntarily conduct BRD certification testing

can be expected to incur significant costs,

less than 1 percent of such owners are

expected to attempt to certify new BRDs.

Accordingly, the provisions for BRD

certification would not have a significant

economic impact on a substantial number of

small entities.

The addition of measures that may be

established or modified in accordance with

the framework procedures would have no

economic impacts. The economic impacts on

small entities of any measures that would be

proposed for establishment or modification

under the framework procedures would be

evaluated when they are proposed.

As a result, 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 a collection-ofinformation requirement subject to the

PRA—namely, the BRD certification

process, consisting of an application for

the testing of a new BRD, the testing

itself, and the submission of the test

results. This requirement has been

submitted to OMB for approval. The

public reporting burden for this

collection of information is estimated at

151 hours per application, testing, and

submission of results. Send comments

regarding this burden estimate or any

other aspect of the data requirement,

including suggestions for reducing the

burden, to NMFS and to OMB (see

ADDRESSES).

Public comment is sought regarding:

Whether this proposed collection of

information is necessary for the proper

performance of the functions of the

agency, including whether the

information will have practical utility;

the accuracy of the burden estimate;

ways to enhance the quality, utility, and

clarity of the information to be

collected; and ways to minimize the

burden of the collection of information,

including the use of automated

collection techniques or of other forms

of information technology.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: May 27, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is proposed

to be amended as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:
30176 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Proposed Rules

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

2. In § 622.7, paragraph (aa) is added

to read as follows:

§ 622.7 Prohibitions.

* * * * *

(aa) Falsify information submitted on

the testing of a BRD or the results of

such testing, as specified in

§ 622.41(g)(3)(i).

3. In § 622.41, the first sentence of

paragraph (g)(1) is revised and

paragraph (g)(3) is added to read as

follows:

§ 622.41 Species specific limitations.

* * * * *

(g) * * *

(1) * * * Except as exempted in

paragraph (g)(3)(ii) of this section, on a

penaeid shrimp trawler in the South

Atlantic EEZ, each trawl net that is

rigged for fishing and has a mesh size

less than 2.50 inches (6.35 cm), as

measured between the centers of

opposite knots when pulled taut, and

each try net that is rigged for fishing and

has a headrope length longer than 16.0

ft (4.9 m), must have a certified BRD

installed. * * *

* * * * *

(3) Certification of BRDs—(i) A person

who seeks to have a BRD certified for

use in the South Atlantic EEZ must

submit an application to test such BRD,

conduct the testing, and submit to the

RD the results of the test conducted and

recorded in accordance with the Testing

Protocol for BRD Certification, which

along with forms and procedures, is

included in the Bycatch Reduction

Device Testing Protocol Manual which

is available from the SAFMC, One

Southpark Circle, Suite 306, Charleston,

SC 29407–4699, and from the RD. A

BRD that meets the certification

criterion, as determined under the

Testing Protocol for BRD Certification,

will be added to the list of certified

BRDs in paragraph (g)(2) of this section.

(ii) A penaeid shrimp trawler that is

authorized to test a BRD in the EEZ for

possible certification, has such

authorization on board, and is

conducting such test in accordance with

the Testing Protocol for BRD

Certification is exempt from the BRD

requirement specified in paragraph

(g)(1) of this section.

4. In § 622.48, paragraph (h) is revised

to read as follows:

§ 622.48 Adjustment of management

measures.

* * * * *

(h) South Atlantic shrimp. BRD

certification criteria, BRD specifications,

BRD testing protocol, certified BRDs,

nets required to use BRDs, and times

and locations when the use of BRDs is

required.

The Testing Protocol for BRD

Certification published as an uncodified

appendix to the final rule implementing

Amendment 2 to the FMP on April 16,

1997 (62 FR 18536) is revised by adding

the following paragraph at the end

thereof:

Appendix—Testing Protocol for BRD

Certification

Before conducting any certification

test, or series of tests, the appropriate

state director or designee, must be

notified. In the event that the applicant

plans to submit the certification

proposal directly to the RD, the

applicant must notify the RD in writing.

This notification should identify the

sponsor of the tests, when and where

the tests will be conducted, the vessel

or vessels involved, any special

conditions or requirements of the tests,

the statistical design that will be

followed, the names and affiliations of

the observers, data that will be

collected, a complete description of the

BRDs including detailed descriptions of

how the BRDs will be installed in the

nets, and types of TEDs that will be

used. The appropriate state director or

designee, will review the notification

and if adequate will authorize the

applicant to conduct tests in state

waters. Similarly, if testing in the EEZ

is required, the state director will

submit the applicant’s notification to

the RD, with the director’s

recommendation. Once the RD

determines that the notification is

complete and all applicable regulations

are satisfied, the RD will issue the

applicant a letter of authorization to

conduct BRD testing in Federal waters.

[FR Doc. 98–14593 Filed 6–2–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 052698E]

South Atlantic Fishery Management

Council; Public Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; request for

comments.

SUMMARY: The South Atlantic Fishery

Management Council (Council) will

convene six public hearings on its Draft

Habitat Plan, Draft Habitat

Comprehensive Amendment (Draft

Habitat Amendment), and associated

Draft Environmental Impact Statement

(DEIS) and Draft Supplemental

Environmental Impact Statement

(DSEIS); and on its Draft Sustainable

Fisheries Act Amendment (Draft SFA

Amendment). Public meetings on the

NMFS draft Essential Fish Habitat (EFH)

recommendations will be held following

two of the public hearings.

DATES: Written comments will be

accepted until 5 p.m. on July 15, 1998.

The public hearings will be held from

June 15 to June 26, 1998; see

SUPPLEMENTARY INFORMATION for specific

dates and times.

ADDRESSES: Written comments on the

Council’s documents should be sent to

Bob Mahood, Executive Director, South

Atlantic Fishery Management Council,

One Southpark Circle, Suite 306,

Charleston, SC 29407-4699. Copies of

the Draft Habitat Amendment, DSEIS,

and DEIS are available from Susan

Buchanan at (843) 571-4366 and will

also be available to the public at the

hearings.

Written comments on the NMFS draft

EFH recommendation will be accepted

at the public meetings, or may be sent

to: Habitat Conservation Division,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702–2432, Attn:

Draft EFH Recommendation to SAC.

Copies of the draft EFH

recommendations may be obtained by

calling (813) 570–5317.

The hearings will be held in Florida,

Georgia, South Carolina, and North

Carolina. See SUPPLEMENTARY

INFORMATION for locations of the

hearings and for special

accommodations.

FOR FURTHER INFORMATION CONTACT:

Susan Buchanan, Public Information

Officer, South Atlantic Fishery

Management Council, 843-571-4366;

fax: 843-769-4520; e-mail address:

susan.buchanan@noaa.gov.

SUPPLEMENTARY INFORMATION: The

Council will hold public hearings on the

Draft Habitat Plan, the Draft Habitat

Amendment and its DEIS and DSEIS,

and the Draft SFA Amendment. These

amendments have been prepared to

satisfy the requirements of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), as amended in

October 1996 by the Sustainable

Fisheries Act.