Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations 30651

for an amended type certificate to

modify the Model DA 40 that

incorporates novel or unusual design

feature, the special conditions would

apply under the provisions of

§ 21.101(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on one model

of airplane. It is not a rule of general

applicability and affects only the

applicant who applied to the FAA for

approval of these features on the

airplane.

The substance of these special

conditions has been subjected to the

notice and comment period in several

prior instances and has been derived

without substantive change from those

previously issued. It is unlikely that

prior public comment would result in a

significant change from the substance

contained herein. For this reason, and

because a delay would significantly

affect the certification of the airplane,

which is imminent, the FAA has

determined that prior public notice and

comment are unnecessary and

impracticable, and good cause exists for

adopting these special conditions upon

issuance. The FAA is requesting

comments to allow interested persons to

submit views that may not have been

submitted in response to the prior

opportunities for comment described

above.

List of Subjects in CFR Part 23

Aircraft, Aviation safety, Signs and

symbols.

Citation

The authority citation for these

special conditions is as follows:

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

44701; 14 CFR 21.16 and 21.17; and 14 CFR

11.19 and 11.38.

The Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the following special

conditions are issued as part of the type

certification basis for Diamond Model

DA 40 airplane.

1. Protection of Electrical and

Electronic Systems from High Intensity

Radiated Fields (HIRF). Each system

that performs critical functions must be

designed and installed to ensure that the

operations, and operational capabilities

of these systems to perform critical

functions, are not adversely affected

when the airplane is exposed to high

intensity radiated electromagnetic fields

external to the airplane.

2. For the purpose of these special

conditions, the following definition

applies: Critical Functions: Functions

whose failure would contribute to, or

cause, a failure condition that would

prevent the continued safe flight and

landing of the airplane.

Issued in Kansas City, Missouri, on May

23, 2001.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 01–14233 Filed 6–6–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 635

[Docket No. 010530142–1142–01; I.D.

040601J]

RIN 0648–AP23

Atlantic Highly Migratory Species

(HMS); NOAA Information Collection

Requirements; Regulatory

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS announces approval by

the Office of Management and Budget

(OMB) of a collection-of-information

requirement contained in the final

consolidated regulations governing the

Atlantic HMS fisheries. Accordingly,

NMFS amends the regulations and

makes effective the requirement that

vessels taking paying customers to fish

for Atlantic tunas, swordfish, sharks,

and billfish obtain an Atlantic HMS

Charter/Headboat permit. This final

rule, technical amendment, also updates

the OMB table to add this OMB

approval, to remove expired control

numbers, and to correct control

numbers to the appropriate CFR part or

section. The intent of this final rule is

to inform the public of the effective date

of the Atlantic HMS Charter/Headboat

permit requirement and to adjust the

regulations accordingly.

DATES: Effective July 1, 2001.

ADDRESSES: Any comments regarding

burden-hour estimates for collection-ofinformation requirements contained in

this final rule should be sent to

Christopher Rogers, Acting Chief,

Highly Migratory Species Management

Division, Office of Sustainable Fisheries

(F/SF1), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910–

3282, and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Brad

McHale or Pat Scida, 978–281–9260.

SUPPLEMENTARY INFORMATION: On May

28, 1999, NMFS published a final rule

(64 FR 29090) to implement the Fishery

Management Plan for Atlantic Tunas,

Swordfish and Sharks (HMS FMP) and

Amendment One to the Fishery

Management Plan for Atlantic Billfish

(Billfish FMP Amendment). One of the

measures in the FMPs and the

implementing rule required vessels that

take paying customers fishing for

Atlantic tunas, swordfish, sharks, and

billfish to obtain an Atlantic HMS

Charter/Headboat permit (50 CFR

635.46(b). The final rule was published

prior to OMB’s approval of the

information collection requirement for

the charter/headboat permit. Therefore,

the effective date of this information

collection requirement was deferred

pending OMB approval. On August 9,

2000, OMB approved the information

collection associated with the Atlantic

HMS Charter/Headboat permit

requirement. As the OMB approval was

issued during the midst of the 2000

fishing year, NMFS did not immediately

make the regulation effective so as to

avoid confusion among charter/

headboat operators who had already

been issued Atlantic Tunas permits for

the 2000 fishing year, and to provide the

Agency time to modify the automated

permit system to issue the new type of

permits.

NOAA codifies its OMB control

numbers for information collection at 15

CFR part 902. This final rule/technical

amendment notifies the public of the

OMB approval of this information

collection, codifies OMB control

number 0648–0327 for 50 CFR 635.4(b)

in the table at 15 CFR 902.1(b), and

updates the table at 15 CFR 902.1(b) to

remove expired control numbers and to

correct control numbers that were not

associated with the appropriate CFR

part or section.

30652 Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations

This final rule/technical amendment

makes the regulations requiring the

Atlantic HMS Charter/Headboat permit

effective July 1, 2001. The fishing year

for sharks is based on a calendar year.

It also amends the regulations to reflect

this new requirement by removing or

replacing obsolete regulatory text that

pertains to the Atlantic Tunas Charter/

Headboat permit category.

Classification

This rule has been determined to be

not significant for the purposes of

Executive Order 12866.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any 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 that has been approved by OMB

under 0648–0327. The public reporting

burden for the information collection for

an initial permit is estimated to average

30 minutes per response, and the public

reporting burden for renewal by

telephone or via the internet is

estimated to average six minutes per

response. 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 these

reporting burden estimates or any other

aspect of the collection-of-information,

including suggestions for reducing the

burden, to NMFS and OMB (see

ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 635

Fisheries, Fishing, Fishing vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: June 1, 2001.

William T. Hogarth,

Acting 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, the table in paragraph

(b) under 50 CFR is amended by

removing the entries for part 635 from

§ 635.4(d) through § 635.69(a), and, in

the right hand column in corresponding

positions, the control numbers, and by

adding in their place the following

entries to read as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) Display.

CFR part or section

where the information

collection requirement

is located

Current OMB control

number (All numbers

begin with 0648–)

*****

50 CFR

*****

635.4(b) –0327

635.4(d) –0327

635.4(g) –0202 and –0205

635.5(a) –0371 and –0328

635.5(b) –0013 and –0239

635.5(c) –0328

635.5(d) –0323

635.6 –0373

635.7(c) –0374

635.26 –0247

635.31(b) –0216

635.32 –0309

635.33 –0338

635.42 –0040

635.43 –0040

635.44 –0040

635.46(b) –0363

635.69(a) –0372

*****

50 CFR Chapter VI

PART 635—ATLANTIC HIGHLY

MIGRATORY SPECIES

3. The authority citation for part 635

continues to read as follows:

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

1801 et seq.

4. In § 635.4, paragraphs (b)(1), and

(d)(1) through (d)(3) are revised to read

as follows:

§ 635.4 Permits and fees.

* * * * *

(b) HMS Charter/Headboat Permits.

(1) The owner of a charter boat or

headboat used to fish for, take, retain, or

possess any Atlantic HMS must obtain

an HMS Charter/Headboat permit. A

vessel issued an Atlantic HMS Charter/

Headboat permit, during such permit’s

period of validity, shall not be issued an

Atlantic Tunas permit in any category.

* * * * *

(d) Atlantic Tunas vessel permits. (1)

The owner of each vessel used to fish

for or take Atlantic tunas or on which

Atlantic tunas are retained or possessed

must obtain, in addition to any other

required permits, an HMS Charter/

Headboat permit issued under

paragraph (b) of this section, or an

Atlantic Tunas permit in one, and only

one, of the following categories:

Angling, General, Harpoon, Longline,

Purse Seine, or Trap.

(2) Persons aboard a vessel with a

valid Atlantic Tunas vessel permit or

HMS Charter/Headboat permit may fish

for, take, retain, or possess Atlantic

tunas, but only in compliance with the

quotas, catch limits, size classes, and

gear applicable to the permit category of

the vessel from which he or she is

fishing. Persons may sell Atlantic tunas

only if the harvesting vessel has a valid

permit in the General, Harpoon,

Longline, Purse Seine, or Trap category

of the Atlantic tunas permit or a valid

HMS Charter/Headboat permit. Persons

may not sell Atlantic tunas caught on

board a vessel issued a permit in the

Angling category.

Federal Register / Vol. 66, No. 110 / Thursday, June 7, 2001 / Rules and Regulations 30653

(3) Except for vessels with an Atlantic

Tunas purse seine category permit, a

vessel owner may change the category of

the vessel’s Atlantic Tunas permit or

change between an Atlantic Tunas

permit and the Atlantic HMS Charter/

Headboat permit no more than once

each year and only from January 1

through May 15. From May 16 through

December 31, the vessel’s permit or

permit category may not be changed,

regardless of a change in the vessel’s

ownership.

* * * * *

§ 635.5 [Amended]

5. In § 635.5, paragraph (a)(1) the

reference ‘‘§ 635.4(c)’’ is removed and

replaced with the reference ‘‘§ 635.4(b)’’

.

§ 635.71 [Amended]

6. In § 635.71, paragraph (a)(27) the

reference ‘‘§ 635.4(c)(2)’’ is removed and

replaced with the reference ‘‘§ 635.4(b)’’.

[FR Doc. 01–14288 Filed 6–1–01; 4:52 pm]

BILLING CODE 3510–22–S