Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3501

established by the Small Business

Administration (SBA). The Commission

believes, as discussed below, that the

rule adopted in this proceeding will not

have a significant economic impact on

a substantial number of small entities.

The Commission is making one rule

change in this Report and Order.

Specifically, the Commission amends

Note 1 to paragraph (a) of 47 C.F.R.

1.1206 of its rules so that the expanded

service requirements set forth in that

note apply to petitions filed pursuant to

47 U.S.C. 332(c)(7)(B)(v) (i.e., petitions

for relief from impermissible State and

local regulation of personal wireless

service facilities on the basis of RF

emissions). Thus, petitioners seeking

relief under 47 U.S.C. 332(c)(7)(B)(v)

must serve a copy of such petitions on

those State and local governments that

are the subject of the petitions as well

as on those State and local governments

otherwise specifically identified in the

petitions whose actions petitioners

argue are inconsistent with federal law.

Given that the Commission has received

only one petition for relief under 47

U.S.C. 332(c)(7)(B)(v), we do not

anticipate that numerous State and local

governments will be the subject of such

petitions or identified in such petitions.

Thus, we do not expect that the service

requirement adopted in this Report and

Order will impose a significant burden

of cost and time on petitioners,

including petitioners that are small

entities. We believe that this service

requirement will facilitate the efficient

resolution of petitions seeking relief

under 47 U.S.C. 332(c)(7)(B)(v).

Moreover, we believe that this

requirement will ensure that State and

local governments, including those

governments that are small entities,

have an opportunity to participate in

proceedings under 47 U.S.C.

332(c)(7)(B)(v).

Accordingly, the Commission

certifies, pursuant to 5 U.S.C. 605(b) of

the Regulatory Flexibility Act, as

amended by the Contract with America

Advancement Act of 1996, that the rule

adopted in this Report and Order will

not have a significant economic impact

on a substantial number of small

entities. The Commission will send a

copy of the Report and Order, including

a copy of this final certification, in a

report to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996. In addition, the

Report and Order and this certification

will be sent to the Chief Counsel for

Advocacy of the Small Business

Administration, and a summary will be

published in the Federal Register

Report to Congress

The Commission will send a copy of

this Report and Order, including the

Final Regulatory Flexibility

Certification, to Congress pursuant to

the Small Business Regulatory

Enforcement Fairness Act of 1996, see 5

U.S.C. 801(a)(1)(A). In addition, the

Commission will send a copy of this

Report and Order, including the Final

Regulatory Flexibility Certification, to

the Chief Counsel for Advocacy of the

Small Business Administration. A copy

of this Report and Order (or summary

thereof) and the Final Regulatory

Flexibility Certification will also be

published in the Federal Register. See

5 U.S.C. 604(b).

Ordering Clauses

Accordingly, pursuant to the

authority of Sections 4(i), 303(r), and

332(c)(7) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i),

303(r), and 332(c)(7), it is ordered that

this Report and Order is hereby

adopted.

The rule changes set forth in this

Report and Order contain an

information collection requirement that

has not yet been approved by OMB. The

FCC will publish a document in the

Federal Register announcing the

effective date of these rule changes.

The motion of the City of Fountain,

Colorado, to consider late-filed

comments is granted.

The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this Report and Order, including the

Final Regulatory Flexibility

Certification, to the Chief Counsel for

Advocacy of the Small Business

Administration.

List of Subjects in 47 CFR Part 1

Communications common carriers,

Telecommunications, Permit-butdisclose proceedings.

Federal Communications Commission.

Shirley S. Suggs,

Chief, Publications Group.

Rule Change

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR Part 1 as

follows:

PART 1—PRACTICE AND

PROCEDURES

1. The authority citation for Part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and

309(j) unless otherwise noted.

2. Section 1.1206, Note 1 to

Paragraph(A) is revised to read as

follows:

§ 1.1206 Permit-but-disclose proceedings.

(a) * * *

Note 1 to Paragraph (A): In the case of

petitions for declaratory ruling that seek

Commission preemption of state or local

regulatory authority and petitions for relief

under 47 U.S.C. 332(c)(7)(B)(v), the petitioner

must serve the original petition on any state

or local government, the actions of which are

specifically cited as a basis for requesting

preemption. Service should be made on those

bodies within the state or local governments

that are legally authorized to accept service

of legal documents in a civil context. Such

pleadings that are not served will be

dismissed without consideration as a

defective pleading and treated as a violation

of the ex parte rules unless the Commission

determines that the matter should be

entertained by making it part of the record

under § 1.1212(d) and the parties are so

informed.

* * * * *

[FR Doc. 01–1086 Filed 1–12–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 122200B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Bycatch Rate

Standards for the First Half of 2001

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the first half of 2001.

Publication of these bycatch rate

standards is necessary under regulations

implementing the vessel incentive

program. This action is necessary to

implement the bycatch rate standards

for trawl vessel operators who

participate in the Alaska groundfish

trawl fisheries. The intent of this action

is to avoid excessive prohibited species

bycatch rates and to promote

conservation of groundfish and other

fishery resources.

DATES: Effective 1201 hours, Alaska

local time (A.l.t.), January 20, 2001,

through 2400 hours, A.l.t., June 30,

2001. Comments on this action must be

3502 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

received no later than 4:30 p.m., A.l.t.,

February 15, 2001.

ADDRESSES: Comments may be

submitted to Sue Salveson, Assistant

Regional Administrator, Sustainable

Fisheries Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802–1668, Attn: Lori Gravel.

Comments also may be sent via

facsimile (fax) to 907–586–7465.

Comments will not be accepted if

submitted via e-mail or Internet. Courier

or hand delivery of comments may be

made to NMFS in the Federal Building,

Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228, fax 907–

586–7465, e-mail

mary.furuness@noaa.gov.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

exclusive economic zone of the Bering

Sea and Aleutian Islands management

area (BSAI) and Gulf of Alaska (GOA)

are managed by NMFS according to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area and the

Fishery Management Plan for

Groundfish of the Gulf of Alaska

(FMPs). The FMPs were prepared by the

North Pacific Fishery Management

Council (Council) under the authority of

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and are

implemented by regulations governing

the U.S. groundfish fisheries at 50 CFR

part 679.

Regulations at § 679.21(f) implement a

vessel incentive program to reduce

halibut and red king crab bycatch rates

in the groundfish trawl fisheries. Under

the incentive program, operators of

trawl vessels must not exceed Pacific

halibut bycatch rate standards specified

for the BSAI and GOA midwater pollock

and ‘‘other trawl’’ fisheries, and the

BSAI yellowfin sole and ‘‘bottom

pollock’’ fisheries. Vessel operators also

must not exceed red king crab bycatch

rate standards specified for the BSAI

yellowfin sole and ‘‘other trawl’’

fisheries in Bycatch Limitation Zone 1

(defined in § 679.2). The fisheries

included under the incentive program

are defined in regulations at

§ 679.21(f)(2).

Regulations at § 679.21(f)(3) require

that halibut and red king crab bycatch

rate standards for each fishery included

under the incentive program be

published in the Federal Register. The

standards are in effect for specified

seasons within the 6-month periods of

January 1 through June 30, and July 1

through December 31. Because the

Alaskan groundfish fisheries are closed

to trawling from January 1 to January 20

of each year (§ 679.23(c)), the

Administrator, Alaska Region, NMFS

(Regional Administrator), is

promulgating bycatch rate standards for

the first half of 2001 effective from

January 20, 2001, through June 30, 2001.

As required by § 679.21(f)(4), bycatch

rate standards are based on the

following information:

(A) Previous years’ average observed

bycatch rates;

(B) Immediately preceding season’s

average observed bycatch rates;

(C) The bycatch allowances and

associated fishery closures specified

under §§ 679.21(d) and (e);

(D) Anticipated groundfish harvests

for that fishery;

(E) Anticipated seasonal distribution

of fishing effort for groundfish; and

(F) Other information and criteria

deemed relevant by the Regional

Administrator.

At its October 2000 meeting, the

Council reviewed halibut and red king

crab bycatch rates experienced by

vessels participating in the fisheries

under the incentive program during

1996–2000. Based on this and other

information presented here, the Council

recommended halibut and red king crab

bycatch rate standards for the first half

of 2001. These standards are unchanged

from those specified for the past 5 years

except for the first quarter BSAI bottom

pollock fishery. The Council’s

recommended bycatch rate standards

are listed in Table 1.

TABLE 1.—BYCATCH RATE STANDARDS, BY FISHERY AND QUARTER,

FOR THE FIRST HALF OF 2001 FOR

PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND

GOA.

Fishery and quarter

2001 bycatch rate

standard

Halibut bycatch rate standards (kilogram (kg)

of halibut/metric ton (mt) of groundfish catch

BSAI Midwater pollock:

Qt 1 .................................... 1.0

Qt 2 .................................... 1.0

BSAI Bottom pollock:

Qt 1 .................................... 5.0

Qt 2 .................................... 5.0

BSAI Yellowfin sole:

Qt 1 .................................... 5.0

Qt 2 .................................... 5.0

BSAI Other trawl:

Qt 1 .................................... 30.0

Qt 2 .................................... 30.0

GOA Midwater pollock:

Qt 1 .................................... 1.0

Qt 2 .................................... 1.0

GOA Other trawl:

Qt 1 .................................... 40.0

TABLE 1.—BYCATCH RATE STANDARDS, BY FISHERY AND QUARTER,

FOR THE FIRST HALF OF 2001 FOR

PURPOSES OF THE VESSEL INCENTIVE PROGRAM IN THE BSAI AND

GOA.—Continued

Fishery and quarter

2001 bycatch rate

standard

Qt 2 .................................... 40.0

Zone 1 red king crab bycatch rate standards

(number of crab/mt of groundfish catch)

BSAI yellowfin sole:

Qt 1 .................................... 2.5

Qt 2 .................................... 2.5

BSAI Other trawl:

Qt 1 .................................... 2.5

Qt 2 .................................... 2.5

Bycatch Rate Standards for Pacific

Halibut

The BSAI pollock combined A/B

season currently begins January 20

through June 10. In 2000, the inshore

and offshore component fisheries for

pollock ended 9 to 12 weeks prior to

June 10, depending on the processing

component and area. Directed fishing

for pollock by the inshore and offshore

component fisheries did not reopen

until June 10, the start of the pollock

combined C/D season. Also, the

community development quota (CDQ)

pollock fishery ended 9 weeks before

the end of the combined A/B season and

did not resume until just prior to July

1. As in past years, the directed fishing

allowances specified for the 2001

pollock combined A/B season likely

will be reached before the end of the

combined A/B season.

As in past years, the halibut bycatch

rate standard recommended for the

BSAI and GOA midwater pollock

fisheries (1 kg halibut/mt of groundfish)

is higher than the bycatch rates

normally experienced by vessels

participating in these fisheries. The

recommended standard is intended to

encourage vessel operators to maintain

off-bottom trawl operations.

Since January 1999, nonpelagic trawl

gear has been allocated zero mt of the

non-CDQ BSAI pollock total allowable

catch. In May 2000, NMFS permanently

prohibited the use of nonpelagic trawl

gear in the BSAI non-CDQ directed

pollock fishery (§ 679.24(b)(4)). On June

15, 2000, the Pacific halibut and crab

PSC limits and associated bycatch

allowances for the BSAI trawl fisheries

were reduced under regulations

prohibiting the use of nonpelagic trawl

gear in the BSAI non-CDQ directed

pollock fishery (65 FR 31105, May 16,

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3503

2000). Assignment to a fishery for

purposes of the vessel incentive

program is based on catch composition

instead of gear type. A vessel using

pelagic trawl gear may be assigned to

the BSAI bottom pollock fishery defined

at § 679.21(f)(2). The prohibition on the

use of nonpelagic trawl gear has

reduced the number of hauls assigned to

the BSAI bottom pollock fishery and the

bycatch rates are lower. The average

halibut bycatch rate for the 2000 first

and second calendar quarter fisheries

was equal to 0.58 and 4.01 kg halibut/

mt groundfish, respectively. With the

prohibition on the use of nonpelagic

trawl gear, the bycatch rates will likely

remain low. It is recommended that the

halibut bycatch rate standard for the

first quarter BSAI bottom pollock

fishery be reduced from 7.5 to 5 kg

halibut/mt groundfish and the halibut

bycatch rate standard for the second

quarter remain at 5 kg halibut/mt

groundfish.

Other factors that could affect the

spatial and temporal distribution of the

directed pollock fishery include the

2001 allocations of pollock among the

inshore and offshore fleets under the

American Fisheries Act and the

implementation of conservation

measures that are necessary under the

Endangered Species Act to mitigate

pollock fishery impacts on Steller sea

lions. At this time, the effects of these

changes on halibut bycatch rates in the

pollock fishery are unknown.

Data available on halibut bycatch

rates in the BSAI yellowfin sole fishery

during the first and second quarters of

2000 showed an average bycatch rate of

0.02 and 0.17 kg halibut/mt of

groundfish, respectively. These rates are

significantly lower than in past years.

The Council and NMFS have presumed

that a continued bycatch rate standard

of 5.0 kg halibut/mt of groundfish for

the yellowfin sole fishery will continue

a bycatch rate standard that represents

an acceptable level of halibut bycatch in

this fishery and will encourage vessel

operators to take action to avoid

excessively high bycatch rates of

halibut.

For the ‘‘other trawl’’ fisheries, the

Council supported a 30-kg halibut/mt of

groundfish bycatch rate standard for the

BSAI and a 40-kg halibut/mt of

groundfish bycatch rate standard for the

GOA. Observer data collected from the

2000 BSAI ‘‘other trawl’’ fishery show

first and second quarter halibut bycatch

rates of 8.11 and 20.77 kg halibut/mt of

groundfish, respectively. Observer data

collected from the 2000 GOA ‘‘other

trawl’’ fishery show first and second

quarter halibut bycatch rates of 22.77

and 54.44 kg halibut/mt of groundfish,

respectively.

With the exception of the GOA

second quarter ‘‘other trawl’’ fishery, the

average bycatch rates experienced by

vessels participating in the GOA and

BSAI ‘‘other trawl’’ fisheries have been

lower than the specified bycatch rate

standards for these fisheries. The

Council and NMFS have determined

that the recommended halibut bycatch

rate standards for the ‘‘other trawl’’

fisheries, including the second quarter

GOA fishery, would continue bycatch

rate standards that represent an

acceptable level of halibut bycatch in

these fisheries and will encourage vessel

operators to avoid high halibut bycatch

rates while participating in these

fisheries. Furthermore, these standards

would provide some leniency to those

vessel operators who choose to use

large-mesh trawl gear or other devices as

a means to reduce groundfish discard

amounts, or who are forced to fish in

different seasons or fishing grounds

under measures implemented to

mitigate fishing impacts on Steller sea

lions and their critical habitat.

Bycatch Rate Standards for Red King

Crab

For the BSAI yellowfin sole and

‘‘other trawl’’ fisheries in Zone 1 of the

Bering Sea subarea, the Council’s

recommended red king crab bycatch rate

standard is 2.5 crab/mt of groundfish.

This standard is unchanged since 1992.

The red king crab bycatch rates

experienced by the BSAI yellowfin sole

fishery in Zone 1 during the first and

second quarters of 2000 averaged 0.23

and 0.45 crab/mt of groundfish,

respectively. Although these rates are

lower than the standards, these rates are

significantly higher than bycatch rates

experienced in similar quarters in

previous years. The average bycatch

rates of red king crab experienced in the

‘‘other trawl’’ fishery during the first

and second quarter of 2000 were 0.22

and 0.32 crab/mt groundfish,

respectively. The low 2000 red king crab

bycatch rates primarily were due to

trawl closures in Zone 1 that were

implemented to reduce red king crab

bycatch.

For the period January through

October 2000, the total bycatch of red

king crab by trawl vessels fishing in

Zone 1 is estimated at 74,000 crab,

considerably less than the 97,000-red

king crab bycatch limit established for

the trawl fisheries in Zone 1. NMFS

anticipates that the 2001 red king crab

bycatch in Zone 1 will be similar to

2000 because the crab bycatch reduction

measures and the bycatch limit of

97,000 crab will remain the same.

In spite of anticipated 2001 red king

crab bycatch rates being significantly

lower than 2.5 red king crab/mt of

groundfish, the Council recommended

that the red king crab bycatch rate

standards be maintained at these levels.

These levels continue to represent

acceptable rates of bycatch in these

fisheries and provide some leniency to

those vessel operators who choose to

use large-mesh trawl gear as a means to

reduce groundfish discard amounts.

The Regional Administrator has

determined that the recommended

bycatch rate standards are appropriately

based on the information and

considerations necessary for such

determinations under § 679.21(f).

Therefore, the Regional Administrator

establishes the halibut and red king crab

bycatch rate standards for the first half

of 2001 as set forth in Table 1. These

bycatch rate standards may be revised

and published in the Federal Register

when deemed appropriate by the

Regional Administrator pending his

consideration of the information set

forth at § 679.21(f)(4).

As required in regulations at §§ 679.2

and 679.21(f)(5), the 2001 fishing

months are specified as the following

periods for purposes of calculating

vessel bycatch rates under the incentive

program:

Month 1: January 1 through January

27;

Month 2: January 28 through February

24;

Month 3: February 25 through March

31;

Month 4: April 1 through May 5;

Month 5: May 6 through June 2;

Month 6: June 3 through June 30;

Month 7: July 1 through July 28;

Month 8: July 29 through September

1;

Month 9: September 2 through

September 29;

Month 10: September 30 through

October 27;

Month 11: October 28 through

December 1; and

Month 12: December 2 through

December 31.

Classification

NMFS finds that the prevention of

excessive prohibited species bycatch

rates constitutes good cause to waive the

requirement for prior notice and

comment period pursuant to 5 U.S.C.

553(b)(B) as such procedures are

contrary to the public interest. Because

the halibut and red king crab bycatch

rate standards for the first half of 2001

must be effective by January 20, 2001,

when the Alaska groundfish trawl

fishing season opens, NMFS finds for

good cause that the implementation of

3504 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

this action cannot be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

hereby waived.

This action is taken under 50 CFR

679.21(f) and is exempt from OMB

review under Executive Order 12866.

Authority: 16 U.S.C. 773 et seq., 1801 et

seq. and 3631 et seq.

Dated: January 9, 2001.

Clarence Pautzke,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–1213 Filed 1–12–01; 8:45 am]

BILLING CODE 3510–22–U