Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67349 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 660 

[Docket No.051027277–5277–01; I.D. 

102903C] 

RIN 0648–AT97 

Fisheries Off West Coast States and in 

the Western Pacific; Highly Migratory 

Species Fisheries; Data Collection 

Requirements for U.S. Commercial and 

Recreational Charter Fishing Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; effectiveness and 

enforcement of collection-ofinformation requirement. 

SUMMARY: NMFS announces approval by 

the Office of Management and Budget 

(OMB) of collection-of-information 

requirements pertaining to vessel 

identification contained in the final rule 

to implement the approved portions of 

the U.S. West Coast Highly Migratory 

Species Fishery Management Plan (HMS 

FMP), and the effectiveness of those 

requirements. On February 4, 2004, 

NMFS partially approved the HMS 

FMP, and the final rule to implement 

the approved portions of the HMS FMP 

was published in the Federal Register 

on April 7, 2004. The HMS FMP final 

rule contained vessel identification 

requirements subject to the Paperwork 

Reduction Act (PRA) that, at the time of 

publication, were still undergoing OMB 

review. This action is intended to 

inform the public of the effective date of 

the requirement approved by OMB. 

DATES: The amendments in this rule are 

effective January 6, 2006. The vessel 

identification requirements of 50 CFR 

660.704, published on April 7, 2004 (69 

FR 18444), are effective on January 6, 

2006. 

ADDRESSES: Copies of the HMS FMP 

may be obtained from Donald O. 

McIsaac, Executive Director, Pacific 

Fishery Management Council, 7700 NE 

Ambassador Place, Suite 200, Portland, 

OR 97220–1384. Copies of the HMS 

FMP final rule, the Final Environmental 

Impact Statement (FEIS), the Final 

Regulatory Impact Review (RIR), and the 

Final Regulatory Flexibility Analysis 

(FRFA) are available from NMFS, 

Southwest Regional Office, 501 West 

Ocean Boulevard, Suite 4200, Long 

Beach, CA 90802. Copies of the Small 

Entity Compliance Guide for the HMS 

FMP final rule are available on the 

Southwest Region, NMFS website 

http://swr.nmfs.noaa.gov. Written 

comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this final rule should be 

submitted to Rodney A. McInnis, 

Regional Administrator, NMFS, 

Southwest Regional Office at the above 

address. These comments may also be 

submitted by e-mail to 

DavidlRostker@omb.eop.gov, or faxed 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Craig Heberer, Sustainable Fisheries 

Division, Southwest Region, NMFS, 

760–431–9440, ext. 303. 

SUPPLEMENTARY INFORMATION: On April 

7, 2004, NMFS published a final rule 

(69 FR 18444) that implemented the 

approved portion of the HMS FMP. The 

rule established, among other measures, 

data collection and reporting 

requirements for U.S. West Coast 

commercial and recreational charter 

fishing vessels targeting HMS. The HMS 

FMP final rule contained collection-ofinformation requirements that could not 

be made effective, or enforced, prior to 

approval by the OMB under the PRA. 

Delayed effectiveness and enforcement 

of these sections were announced in the 

April 7, 2004, HMS FMP final rule. In 

the HMS FMP final rule, NMFS 

requested comments on the reporting 

burden estimate or any other aspect of 

the collection-of-information 

requirements. No comments were 

received on the collection-ofinformation requirements. OMB has 

approved the collections-of-information 

requirements codified at 50 CFR 

660.704 for vessel identification. This 

section will be effective on January 6, 

2006 and will be enforced beginning on 

that date. Section 660.704 requires each 

fishing vessel to display its official 

number on the port and starboard sides 

of the deckhouse or hull, and on an 

appropriate weather deck so as to be 

visible from enforcement vessels and 

aircraft. The official number must be 

affixed to each vessel in block Arabic 

numerals at least 10 inches (25.4 cm) in 

height for vessels more than 25 ft (7.6 

m) but equal to or less than 65 ft (19.8 

m) in length; and 18 inches (45.7 cm) in 

height for vessels longer than 65 ft (19.8 

m) in length. Markings must be legible 

and of a color that contrasts with the 

background. 

Pursuant to the PRA, part 902 of title 

15 of the Code of Federal Regulations 

displays the control numbers that OMB 

has assigned to NMFS information 

collection requirements. This notice 

fulfills the requirements of section 

3506(c)(1)(B)(i), title 44, United States 

Code, which requires that agencies 

display a current control number, 

assigned by the Director of OMB, for 

each agency information collection 

requirement. This final rule codifies 

OMB control number 0648–0361 for 

§ 660.704. 

Classification 

The Regional Administrator, NMFS, 

Southwest Region determined that the 

data collection requirements 

implemented by this final rule are 

necessary for the conservation and 

management of the U.S. West Coast 

HMS fisheries and are consistent with 

the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable law. 

The data collection requirement 

implemented by this final rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared a FRFA in support of the HMS 

FMP final rule published April 7, 2004. 

The FRFA described the economic 

impact that this final rule, along with 

other non-preferred alternatives, will 

have on small entities, including HMS 

commercial and recreational charter 

fishing vessels affected by this action. 

The contents of the FRFA and the 

incorporated documents (the IRFA, the 

RIR, and the FEIS) are not repeated here. 

A copy of these documents is available 

upon request (see ADDRESSES). 

The vessel marking requirement 

under this final rule will establish an 

initial one-time reporting burden of 

1002.8 hours for the 1,337 participating 

vessels (an average of 0.75 hours/per 

vessel). 

This final rule contains new 

collection-of-information requirements 

approved by OMB under the PRA. 

Public reporting burden for these 

collections of information are estimated 

to average 45 minutes per vessel to affix 

the official number of a vessel to its bow 

and weather deck. The cost for this 

collection will be minimal, the cost of 

the paint for painting on the numbers 

and touch ups as needed. 

Public comment is sought regarding: 

whether this collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall 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 through the use 

of automated collection techniques or 

67350 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

other forms of information technology. 

Send comments or any other aspects of 

the collections of information to NMFS 

(see ADDRESSES) and by email to 

David.Rostker@omb.eop.gov, or faxed to 

202–385–7285. 

Notwithstanding any other provisions 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide was prepared for the 

HMS FMP final rule. This guide is 

posted on the NMFS SWR website 

(http://swr.nmfs.noaa.gov) and a hard 

copy will be sent to all interested parties 

upon request (see FOR FURTHER

INFORMATION CONTACT). 

List of Subjects in 15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 15 CFR chapter IX, part 902, 

is 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 adding a 

new entry for § 660.704 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 

*****

660.704 –0361 

*****

[FR Doc. 05–21873 Filed 11–4–05; 8:45 am] 

BILLING CODE 3510–22–S 

FEDERAL TRADE COMMISSION 

16 CFR Part 3 

Consent Agreement Settlements; 

Corrections 

AGENCY: Federal Trade Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Trade 

Commission published a document in 

the Federal Register on April 3, 2001 

(66 FR 17622), that, inter alia, revised 

§ 3.25(c) of the Commission Rules of 

Practice by adding a new sentence, and 

by adding a new clause to an existing 

sentence, and made those revisions 

effective on May 18, 2001. The 

Commission subsequently published a 

document in the Federal Register on 

December 12, 2001 (66 FR 64142), that, 

inter alia, further revised § 3.25(c), and 

made those revisions effective on 

December 12, 2001. Inadvertently, 

however, the December 12, 2001 

document did not include in its 

depiction of § 3.25(c), as revised, the 

new sentence and new clause added by 

the April 3, 2001 document. This 

document corrects § 3.25(c) by re-adding 

the new sentence and the new clause 

originally added by the April 3, 2001 

document. 

DATES: Effective on May 18, 2001. 

FOR FURTHER INFORMATION CONTACT: 

Donald S. Clark, Secretary of the 

Commission, at (202) 326–2514. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the FTC’s Erratum. 

List of Subjects in 16 CFR Part 3 

Administrative practice and 

procedure, Claims, Equal Access to 

Justice, Lawyers. 

■ Accordingly, 16 CFR part 3 is 

corrected by making the following 

correcting amendment: 

PART 3—RULES OF PRACTICE FOR 

ADJUDICATIVE PROCEEDINGS 

■ 1. The authority citation for Part 3 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 2. Revise § 3.25(c) to read as follows: 

§ 3.25 Consent agreement settlements. 

* * * * * 

(c) If the proposed consent agreement 

accompanying the motion has also been 

executed by complaint counsel and 

approved by the appropriate Bureau 

Director, and the matter is still pending 

before an Administrative Law Judge, the 

Secretary shall issue an order 

withdrawing from adjudication those 

portions of the matter that the proposal 

would resolve and all proceedings 

before the Administrative Law Judge 

shall be stayed with respect to such 

portions, pending a determination by 

the Commission pursuant to paragraph 

(f) of this section. If the matter is 

pending before the Commission, the 

Commission in its discretion may, on 

motion, issue an order withdrawing 

from adjudication those portions of the 

matter that a proposed consent 

agreement would resolve for the 

purpose of considering the proposed 

consent agreement. 

* * * * * 

Donald S. Clark, 

Secretary. 

[FR Doc. 05–22162 Filed 11–4–05; 8:45 am] 

BILLING CODE 6750–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–8633; 34–52708; 35–

28053; 39–2440; IC–27139] 

RIN 3235–AG96 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the Commission) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (EDGAR) Filer Manual, Volume 

II: ‘‘EDGAR Filing’’ to reflect updates to 

the EDGAR system. The revisions are 

being made primarily to support the 

amended rules and forms adopted by 

the Commission to address the use of 

Form S–8, Form 8–K, and Form 20–F by