Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations 5489

family or household using their services

are not engaged ‘‘in domestic service

employment’’ within the meaning of

these regulations with respect to such

third party employer. Consequently,

such a third party employer may not

avail itself of the overtime pay

exemption provided by section 13(b)(21)

of the Act for employees employed in

domestic service who reside in the

household.

[FR Doc. 01–1590 Filed 1–18–01; 8:45 am]

BILLING CODE 4510–27–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 001128334–0334–01; I.D.

111300E]

RIN 648–AN40

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Atlantic Large Whale Take Reduction

Plan Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule; delay of

effective date.

SUMMARY: This interim final rule delays

the effective date of an interim final rule

amending the Atlantic Large Whale

Take Reduction Plan (ALWTRP) from

January 22, 2001, until February 21,

2001. Due to the rough January weather

conditions in the Gulf of Maine, the

affected fishers have not been able to

implement the gear modifications in the

interim final rule in time to meet the

January 22, 2001 effective date. The

intent of this delay of effective date is

to allow fishers 30 additional days to

implement the gear modifications.

DATES: The effective date of the interim

final rule amending 50 CFR part 229

published at 65 FR 80368, December 21,

2000, is delayed until February 21,

2001.

ADDRESSES: Send comments on this

interim final rule to the Chief, Marine

Mammal Division, NMFS, Office of

Protected Resources, 1315 East-West

Highway, Silver Spring, MD 20910.

Copies of the Environmental

Assessment, Atlantic Large Whale Take

Reduction Team (ALWTRT) meeting

summaries, progress reports on

implementation of the ALWTRP, and a

map and table of the changes to the

ALWTRP may be obtained by writing

Douglas Beach, NMFS/Northeast

Region, 1 Blackburn Dr., Gloucester, MA

01930 or Katherine Wang, NMFS/

Southeast Region, 9721 Executive

Center Dr., St. Petersburg, Fl 33702–

2432.

Send comments regarding any

ambiguity or unnecessary complexity

arising from the language used in this

interim final rule to the Marine Mammal

Division Chief at the previously listed

address. See SUPPLEMENTARY

INFORMATION, under the heading

Electronic Access, for Internet addresses

pertaining to this interim final rule.

FOR FURTHER INFORMATION CONTACT:

Douglas Beach, NMFS, Northeast

Region, 978–281–9254; Katherine Wang,

NMFS, Southeast Region, 727–570–

5312; or Patricia Lawson, NMFS, Office

of Protected Resources, 301–713–2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

Several of the background documents

for this interim final rule and the take

reduction planning process can be

downloaded from the ALWTRP web site

at http://www.nero.nmfs.gov/whaletrp/.

Background

The ALWTRP was developed

pursuant to the Marine Mammal

Protection Act (MMPA) to reduce the

level of serious injury/mortality of all

large whale species in East Coast lobster

trap and finfish gillnet fisheries. The

background for the take reduction

planning process and development of

the ALWTRP is set out in the preamble

to the proposed (62 FR 16519, April 7,

1997), interim final (62 FR 39157, July

22, 1997), and final (64 FR 7529,

February 16, 1999) rules implementing

the ALWTRP. Additional information is

available in the report from the

ALWTRT after its recent series of

meetings in 2000. Copies of these

documents and supporting

Environmental Assessments (EAs) are

available from the NMFS/Northeast

Region contact in the ADDRESSES section

of this document.

Because of the status of the right

whale population, there is a need to

further reduce entanglement. The

interim final rule published December

21, 2000, (65 FR 80368), with an

effective date of January 22, 2001,

implemented gear modifications (buoy

line weak links, net panel weak links

with anchoring systems, restrictions on

number of buoy lines, and gear marking)

that were initially discussed in the 1997

proposed and 1999 final rules and

recommended by the TRT after the 2000

meetings. NMFS responded to these

recommendations by promulgating the

gear modifications in the December 21,

2000, interim final rule. It was agreed

that the regulations implementing these

gear modifications should be issued as

soon as practicable. However, due to

rough January weather conditions in the

Gulf of Maine, effected fishers will be

unable to retrieve and modify active

gear by the January 22, 2001 effective

date. This interim final rule delays the

effective date until February 21, 2001, to

allow fishers time to implement the gear

modifications.

NMFS expects that a delay of the rule

to February 21, 2001 will have minimal

impact on the North Atlantic right

whale population. Available sighting

data for the January through February

period suggests that most right whales

in New England are congregated in Cape

Cod Bay. Data reported by the NE Right

Whale Alert System during 1999–2001,

included only two sightings of right

whales in New England waters outside

of Cape Cod Bay. Whales do not begin

to leave the Bay until late March (when

they move to Stellwagen Bank and then

perhaps on to the Great South Channel

Area) by which time gear will have been

modified as per the Interim Final Rule.

Thus, the 30 day delay is not expected

to adversely affect right whales in these

waters.

Classification

An Environmental Assessment (EA)

describing the impacts to the

environment that would result from the

implementation of the ALWTRP was

prepared for the July 22, 1997, interim

final rule (62 FR 39157). Supplemental

EAs were also prepared for the April 9,

1999, final rule (64 FR 17292) and the

December 21, 2000, interim final rule

(65 FR 80368). The conclusion of those

EAs was that the ALWTRP’s actions

would pose no significant adverse

environmental impact. The delay of the

effective date by 30 days does not

change the determination of those EAs.

This action is categorically excluded

from further review because it is an

action of limited size and magnitude

that does not result in a significant

change in the original action.

This interim final rule has been

determined to be not significant for

purposes of Executive Order 12866.

Given the status of the species to be

protected and the fact that

entanglements continue to occur under

the existing regulations, the Assistant

Administrator for Fisheries (AA) NOAA,

for good cause under 5 U.S.C.

553(b)(3)(B), found that extending the

December 21, 2000, interim final rule

(65 FR 80368) to allow for prior notice

and an opportunity for public comment

5490 Federal Register / Vol. 66, No. 13 / Friday, January 19, 2001 / Rules and Regulations

would be contrary to the public interest.

In addition, the AA finds for good cause

under 5 U.S.C. 553(b)(3) that extending

this interim final rule for prior notice

and an opportunity for public comment

would be contrary to the public interest.

It would be unfair to subject fishers to

changes in gear requirements under the

December 21, 2000 interim final rule (65

FR 80368) when, due to weather, the

affected fishers have been unable to

implement these changes. Because prior

notice and an opportunity for public

comment are not required to be

provided for this interim final rule by 5

U.S.C. 553 or by any other law, the

analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

This interim final rule delays

implementation of a collection-of

information requirement subject to the

Paperwork Reduction Act that has

already been approved by Office of

Management and Budget (OMB control

number: 0648–0364).

A biological opinion (BO) on the

ALWTRP was finalized on July 15,

1997. That opinion concluded that

implementation of the ALWTRP and

continued operation of fisheries

conducted under the American Lobster,

Northeast Multispecies, and Shark

Fishery Management Plans (FMPs), as

modified by the ALWTRP, may

adversely affect, but are not likely to

jeopardize the continued existence of

any listed species or adversely modify

critical habitat. A further determination

was made that the February 16, 1999,

final rule (64 FR 7529) did not change

the basis for that BO. NMFS also

determined that the December 21, 2000,

interim final rule (65 FR 80368) does

not change the basis for the 1997 and

1999 ESA determinations. Because this

interim final rule simply delays the

effective date of the December 21, 2000,

interim final rule, NMFS finds this

action also does not change the basis for

that BO.

This interim final rule should have no

adverse impacts on marine mammals.

Whale entanglement rates are not

expected to increase significantly as a

result of this action.

This interim final rule does not

change the determination for the

December 21, 2000, interim final rule

(65 FR 80368) that the ALWTRP will be

implemented in a manner that is

consistent to the maximum extent

practicable with the approved coastal

zone management programs of the U.S.

Atlantic coastal states.

This interim final rule does not

contain policies with federalism

implications sufficient to warrant

preparation of a federalism assessment

under Executive Order 12612.

This interim final rule is promulgated

in compliance with all procedural

requirements established by the

Administrative Procedure Act.

Plain Language Requirement for

Rulemaking

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this interim final rule. Send

comments to the NMFS Marine

Mammal Division Chief (see

ADDRESSES).

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

mammals, Reporting and recordkeeping

requirements.

Dated: January 12, 2001.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–1589 Filed 1–18–01; 8:45 am]

BILLING CODE 3510–22–S