34624 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 / Proposed Rules

Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal

Regulatory Planning and Review) and

DOT Regulatory Policies and Procedures

This proposal was not reviewed under

E.O. 12866. NHTSA has analyzed this

proposal and determined that it is not

‘‘significant’’ within the meaning of the

Department of Transportation’s

regulatory policies and procedures.

2. Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, NHTSA has evaluated

the effects of this action on small

entities. Based upon this evaluation, I

certify that the proposed amendment

would not have a significant economic

impact on a substantial number of small

entities. Motor vehicle manufacturers

who are likely to be affected by the

proposed amendment typically would

not qualify as small entities. This

amendment would also have no effect

on small businesses, small

organizations, and small governmental

units. Accordingly, no regulatory

flexibility analysis has been prepared.

3. Executive Order 12612 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rule would not have

sufficient Federalism implications to

warrant preparation of a Federalism

Assessment. No State laws would be

affected.

4. National Environmental Policy Act

The agency has considered the

environmental implications of this

proposed rule in accordance with the

National Environmental Policy Act of

1969 and determined that the proposed

rule would not significantly affect the

human environment.

5. Civil Justice Reform

This proposed rule would not have

any retroactive effect. It would modify

an existing Federal regulation to make it

consistent with a statutory requirement.

A petition for reconsideration or other

administrative proceeding will not be a

prerequisite to an action seeking judicial

review of this proposed rule. This

proposed rule does not preempt the

states from adopting laws or regulations

on the same subject, except that if

adopted, the resulting Federal

regulation would preempt a state

regulation that is in actual conflict with

the Federal regulation or makes

compliance with the Federal regulation

impossible or interferes with the

implementation of the Federal statute.

Public Comments

Interested persons are invited to

submit comments on the proposal. It is

requested but not required that 10

copies be submitted.

All comments must not exceed 15

pages in length. (49 CFR 553.21).

Necessary attachments may be

appended to these submissions without

regard to the 15-page limit. This

limitation is intended to encourage

commenters to detail their primary

arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR Part 512.

All comments received before the

close of business on the comment

closing date indicated above for the

proposal will be considered, and will be

available for examination in the docket

at the above address both before and

after that date. To the extent possible,

comments filed after the closing date

will also be considered. Comments

received too late for consideration in

regard to the final rule will be

considered as suggestions for further

rulemaking action. NHTSA will

continue to file relevant information as

it becomes available in the docket after

the closing date, and it is recommended

that interested persons continue to

examine the docket for new material.

Comments will also be available on line

at www.dms.dot.gov.

Those persons desiring to be notified

upon receipt of their comments in the

rules docket should enclose a selfaddressed, stamped postcard in the

envelope with their comments. Upon

receiving the comments, the docket

supervisor will return the postcard by

mail.

List of Subjects in 49 CFR Part 567

Labeling, Motor vehicle safety, Motor

vehicles.

In consideration of the foregoing, the

agency proposes to amend § 567.4,

Requirements for manufacturers of

motor vehicles, in Title 49 of the Code

of Federal Regulations at Part 567 as

follows:

PARTS 567—[AMENDED]

1. The authority citation for Part 567

would be revised to read as follows:

Authority: 49 U.S.C. 322, 30111, and

30115, 30117, 30166, 32502, 32504, 33101–

33104, and 33109; delegation of authority at

49 CFR 1.50

2. Section 567.4 would be amended

by adding a new paragraph (g)(5)(iii), to

read as follows:

§ 567.4 Requirements for manufacturers of

motor vehicles.

* * * * *

(g) * * *

(5) * * *

(iii) In the case of multipurpose

passenger vehicles (MPVs) and trucks

with a GVWR of 6,000 pounds or less

manufactured on or after January 1,

1999, the expression ‘‘and theft

prevention’’ shall be included in the

statement following the word ‘‘safety’’.

* * * * *

Issued: June 19, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–16849 Filed 6–24–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 980602143–8143–01; I.D.

040197B]

RIN 0648–AI99

High Seas Fishing Compliance Act

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 implement vessel identification

and reporting requirements under the

High Seas Fishing Compliance Act

(HSFCA). This rule would require

vessels with permits issued under the

HSFCA to be marked for identification

purposes and to report their catches and

effort when fishing on the high seas.

This action is necessary to comply with

the HSFCA.

DATES: Comments must be received by

July 27, 1998.

ADDRESSES: Send comments on the

proposed rule and on the collection-ofinformation requirements to Gary C.
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 / Proposed Rules 34625

Matlock, Director, Office of Sustainable

Fisheries, National Marine Fisheries

Service, 1315 East West Highway, Silver

Spring, MD 20910. Also send comments

on the collection-of-information

requirements to the Office of

Information and Regulatory Affairs,

Office of Management and Budget;

Attention: NOAA Desk Officer,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Robert A. Dickinson, (301) 713–2337.

SUPPLEMENTARY INFORMATION: The

HSFCA (16 U.S.C. 5501 et seq.), among

other things, implements the United

Nations Food and Agriculture

Organization (FAO) Agreement to

Promote Compliance with International

Conservation and Management

Measures by Fishing Vessels on the

High Seas (Agreement) and requires that

U.S. vessels fishing on the high seas

possess a permit issued under the

HSFCA. As used in the HSFCA, the

term ‘‘high seas’’ means the waters

beyond the territorial sea or exclusive

economic zone (or the equivalent) of

any nation, to the extent that such

territorial sea or exclusive economic

zone (or the equivalent) is recognized by

the United States. Additional

information on the Agreement and the

HSFCA is published at 61 FR 11751,

March 22, 1996, and 61 FR 35548, July

5, 1996.

Regulations at 50 CFR part 300,

subpart B, govern permit application

and issuance procedures under the

HSFCA. NMFS is proposing to amend

these regulations to include provisions

for vessel identification and reporting

requirements.

Pursuant to guidance contained in the

HSFCA, NMFS is attempting to

minimize duplication of reporting

requirements and to ensure that, to the

extent practicable, the proposed

regulations are consistent with

regulations implementing fishery

management plans (FMPs) under the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) (16 U.S.C. 1801

et seq.). Additionally, NMFS proposes

to ensure that regulations implementing

HSFCA vessel identification and

reporting requirements are, to the extent

practicable, consistent with regulations

implementing other Federal fishery

management statutes (e.g., regulations

implementing the Antarctic Marine

Living Resources Convention Act).

The HSFCA prescribes that licensed

U.S. vessels operating on the high seas

be marked (1) in accordance with

regulations issued under the MagnusonStevens Act to implement a FMP, or (2)

in accordance with the FAO Standard

Specifications for the Marking and

Identification of Fishing Vessels. NMFS

proposes that vessels operating on the

high seas with a permit issued under the

HSFCA be considered appropriately

marked for purposes of identification if

marked in accordance with either of the

preceding manners of marking. NMFS

also proposes to consider vessels

marked in accordance with regulations

implementing other Federal fishery

management statutes as appropriately

marked for purposes of the HSFCA.

The HSFCA also prescribes that

permit holders be required to report

their catches on the high seas.

NMFS has identified three groups of

vessel operators that fish, or have the

potential to fish, on the high seas under

the HSFCA. The first group consists of

vessel operators already required to

report their catch and effort when on the

high seas based on existing reporting

requirements in regulations under the

Magnuson-Stevens Act or other Federal

fishery management statutes. NMFS

proposes to consider such operators in

compliance with HSFCA reporting

requirements if they continue to

maintain and submit such logs as may

be required by regulations promulgated

under the Magnuson-Stevens Act or

other Federal fishery management

statutes. There will be no requirement

for vessels already appropriately

reporting their catch and effort on the

high seas to maintain a separate high

seas log.

The second group consists of

operators of vessels with HSFCA

permits that participate in the albacore

fishery of the Pacific Ocean. Vessel

operators in this fishery have had the

option of participating in a voluntary

reporting system to record their catch

and effort by using the ‘‘U.S. Pacific

Albacore Logbook,’’ which has been

available since 1961 through the NMFS

Southwest Regional Office and the

NMFS Southwest Fisheries Science

Center. A valuable time series of data on

the fishery has been amassed over the

years. NMFS proposes that the log used

in the voluntary reporting system be the

mandatory log for reporting catch and

effort on the high seas by all operators

of HSFCA-permitted vessels in the

albacore fisheries. This action will

maintain some continuity of the

database developed under the voluntary

system and will avoid the potential for

a duplicative reporting requirement.

The third group consists of all other

operators of vessels licensed under the

HSFCA who fish on the high seas (i.e.,

who will not be reporting their catch

and effort on the high seas based on

existing regulations or the ‘‘U.S. Pacific

Albacore Logbook’’). NMFS proposes

that these vessel operators use gearspecific logs, to be available from NMFS

Regional Administrators, to report their

catch and effort on the high seas. These

logs will collect the basic information

typically collected for each gear type.

Logs have been prepared to record

catches on the high seas for the

following gear types: Longline/gillnet,

purse seine, troll/pole and line, trawl,

trap, mothership and ‘‘other.’’ Samples

of the logs are available from NMFS (see

ADDRESSES). The actual logs will be

available from the Regional

Administrator of the NMFS Regional

Office from which a vessel’s HSFCA

permit was issued.

NMFS also proposes to revise the

existing regulations to clarify the

conditions under which a U.S. vessel is

eligible for a permit and the scope of

permit sanction authority under the

HSFCA.

Operators of U.S. vessels fishing on

the high seas are reminded of their

responsibility under the Marine

Mammal Protection Act (MMPA) (16

U.S.C. 1361 et seq.) to report all

incidental injuries and mortalities of

marine mammals that occur as a result

of commercial fishing operations.

MMPA reporting forms and additional

information about the MMPA can be

obtained through NMFS Regional

Offices.

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 certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities. It

is estimated this action will affect

approximately 5 percent of HSFCA

permit holders at a total annual cost of

$7,600.00. Neither the agency standard

for ‘‘substantial number of small

entities’’ nor any of the agency criteria

for ‘‘significant economic impact’’ are

met. As a result, a regulatory flexibility

analysis was not prepared.

This rule contains two collection-ofinformation requirements subject to the

Paperwork Reduction Act. These

collection-of-information requirements

have been submitted to the Office of

Management and Budget for approval.

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
34626 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 / Proposed Rules

Reduction Act unless that collection-ofinformation displays a currently valid

OMB control number.

The first collection-of-information

requirement is the vessel marking

requirement. The burden of this

collection of information is estimated to

be about 45 minutes per year for each

vessel not already marked for

identification purposes in accordance

with the implementing regulations of a

FMP or Federal fishery management

statute. The second collection-ofinformation requirement is the

requirement for vessels not otherwise

required to report high seas catches and

effort to report such catches and effort.

The burden of this collection of

information is estimated to be an

average of 3 minutes per day. Send

comments regarding these burden

estimates or any other aspect of the

collection-of-information, including

suggestions for reducing this burden, to

Gary C. Matlock, NMFS, or to the Office

of Information and Regulatory Affairs,

OMB (see ADDRESSES).

Public comment is sought regarding:

Whether this proposed collection-ofinformation is necessary for the proper

performance of the functions of the

agency, including whether the

information has 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

through the use of automated collection

techniques or other forms of information

technology.

List of Subjects in 50 CFR Part 300

Exports, Fisheries, Marine resources,

Reporting and recordkeeping

requirements, Treaties.

Dated: June 18, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 300 is proposed

to be amended as follows:

PART 300—INTERNATIONAL

FISHERIES REGULATIONS

1. The authority citation for subpart B

continues to read as follows:

Authority: 16 U.S.C. 5501 et seq.

2. In § 300.13, paragraph (a)(1)

introductory text is revised to read as

follows:

§ 300.13 Vessel permits.

(a) * * *

(1) Any high seas fishing vessel of the

United States is eligible to receive a

permit under this subpart, unless the

vessel was previously authorized to be

used for fishing on the high seas by a

foreign nation, and —

* * * * *

3. In § 300.14, the section heading is

revised, and text is added to read as

follows:

§ 300.14 Vessel identification.

(a) General. A vessel permitted under

this subpart must be marked for

identification purposes in accordance

with this section.

(b) Marking. Vessels must be marked

either:

(1) In accordance with vessel

identification requirements specified in

Federal fishery regulations issued under

the Magnuson-Stevens Act or under

other Federal fishery management

statutes; or

(2) In accordance with the following

identification requirements:

(i) A vessel must be marked with its

IRCS, or, if not assigned an IRCS, must

be marked (in order of priority) with its

Federal, state, or other documentation

number appearing on its high seas

fishing permit;

(ii) The markings must be displayed at

all times on the vessel’s side or

superstructure, port and starboard, as

well as on a deck;

(iii) The markings must be placed so

that they do not extend below the

waterline, are not obscured by fishing

gear, whether stowed or in use, and are

clear of flow from scuppers or overboard

discharges that might damage or

discolor the markings;

(iv) Block lettering and numbering

must be used;

(v) The height of the letters and

numbers must be in proportion to the

size of the vessel as follows: for vessels

25 meters (m) and over in length, the

height of letters and numbers must be

not less than 1.0 m; for vessels 20 m but

less than 25 m in length, the height of

letters and numbers must be not less

than 0.8 m; for vessels 15 m but less

than 20 m in length, the height of letters

and numbers must be not less than 0.6

m; for vessels 12 m but less than 15 m

in length, the height of letters and

numbers must be not less than 0.4 m; for

vessels 5 m but less than 12 m in length,

the height of letters and numbers must

be not less than 0.3 m; and for vessels

under 5 m in length, the height of letters

and numbers must be not less than 0.1

m;

(vi) The height of the letters and

numbers to be placed on decks must be

not less than 0.3 m;

(vii) The length of the hyphen(s), if

any, must be half the height (h) of the

letters and numbers;

(viii) The width of the stroke for all

letters, numbers and hyphens must be

h/6;

(ix) The space between letters and/or

numbers must not exceed h/4 nor be

less than h/6;

(x) The space between adjacent letters

having sloping sides must not exceed h/

8 nor be less than h/10;

(xi) The marks must be white on a

black background, or black on a white

background;

(xii) The background must extend to

provide a border around the mark of not

less than h/6; and

(xiii) The marks and the background

must be maintained in good condition at

all times.

4. In § 300.15, paragraph (c) is added

to read as follows:

§ 300.15 Prohibitions.

* * * * *

(c) Use a high seas fishing vessel on

the high seas that is not marked in

accordance with section 300.14.

5. In § 300.16, the section is revised to

read as follows:

§ 300.16 Penalties.

(a) Any person, any high seas fishing

vessel, the owner or operator of such

vessel, or any person who has been

issued or has applied for a permit,

found to be in violation of the Act, this

subpart, or any permit issued under this

subpart will be subject to the civil and

criminal penalty provisions, permit

sanctions, and forfeiture provisions

prescribed by the Act, 15 CFR part 904

(Civil Procedures), and other applicable

laws.

(b) Permits under this subpart may be

subject to permit sanctions prescribed

by the Act, 15 CFR part 904 (Civil

Procedures), and other applicable laws

if any amount in settlement of a civil

forfeiture imposed on a high seas fishing

vessel or other property, or any civil

penalty or criminal fine imposed on a

high seas fishing vessel or on an owner

or operator of such a vessel or on any

other person who has been issued or has

applied for a permit under any fishery

resource statute enforced by the

Secretary, has not been paid and is

overdue.

6. In § 300.17, the section heading is

revised, and text is added to read as

follows:

§ 300.17 Reporting.

(a) General. The operator of any vessel

permitted under this subpart must

report high seas catch and effort

information to the NMFS in a manner

set by this section. Reports must

include: identification information for

vessel and operator; operator signature;
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 / Proposed Rules 34627

crew size; whether an observer is

aboard; target species; gear used; dates,

times, locations, and conditions under

which fishing was conducted; species

and amounts of fish retained and

discarded; and details of any

interactions with sea turtles or birds.

(b) Reporting options. (1) For the

following fisheries, a permit holder

must maintain and submit the listed

reporting forms to the appropriate

address and in accordance with the time

limits required by the relevant

regulations:

(i) Antarctic—CCAMLR Logbook (50

CFR 300.107);

(ii) Atlantic—Fishing Vessel Log

Reports (50 CFR 648.7(b));

(iii) Atlantic Pelagic Longline—

Longline Logbook (50 CFR 630.5);

(iv) Atlantic Purse Seine—Purse Seine

Logbook (50 CFR 285.54);

(v) Pacific Pelagic Longline—Longline

Logbook (50 CFR 660.14(a));

(vi) Eastern Pacific Purse Seine—

IATTC Logbook (50 CFR 300.22); or

(vii) Western Pacific Purse Seine—

South Pacific Tuna Treaty Logbook (50

CFR 300.34).

(2) For the albacore troll fisheries in

the North and South Pacific, a permit

holder must report high seas catch and

effort by maintaining and submitting the

log provided by the Regional

Administrator, Southwest Region,

NMFS.

(3) For other fisheries, a permit holder

must report high seas catch and effort by

maintaining and submitting records,

specific to the fishing gear being used,

on forms provided by the Regional

Administrator of the NMFS Region

which issued the permit holder’s

HSFCA permit.

(c) Confidentiality of statistics.

Information submitted pursuant to this

subpart will be treated in accordance

with the provisions of 50 CFR part 600

of this title.

[FR Doc. 98–16787 Filed 6–24–98; 8:45 am]

BILLING CODE 3510–22–F