54044 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 

7. Regulation Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

8. Plain Language 

Executive Order 12866 requires each 

agency to write all rules in plain 

language. Application of the principles 

of plain language includes consideration 

of the following questions: 

b Have we organized the material to 

suit the public’s needs? 

b Are the requirements in the 

proposal clearly stated? 

b Does the proposal contain 

technical language or jargon that is not 

clear? 

b Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

b Would more (but shorter) sections 

be better? 

b Could we improve clarity by 

adding tables, lists, or diagrams? 

b What else could we do to make the 

proposal easier to understand? 

If you have any responses to these 

questions, you can forward them to me 

several ways: 

a. Mail: Carlita Ballard, Office of 

International Policy, Fuel Economy and 

Consumer Programs, NHTSA, West 

Building, 1200 New Jersey Avenue, SE., 

NVS–131, Room W43–439, Washington, 

DC 20590. 

b. E-mail: carlita.ballard@dot.gov; or 

Fax: (202) 493–2990. 

List of Subjects in 49 CFR Part 544 

Crime insurance, Insurance, Insurance 

companies, Motor vehicles, Reporting 

and recordkeeping requirements. 

■ In consideration of the foregoing, 49 

CFR part 544 is amended as follows: 

PART 544—[AMENDED] 

■ 1. The authority citation for part 544 

continues to read as follows: 

Authority: 49 U.S.C. 33112; delegation of 

authority at 49 CFR 1.50. 

■ 2. In § 544.5, paragraph (a), the second 

sentence is revised to read as follows: 

§ 544.5 General requirements for reports. 

(a) * * * This report shall contain the 

information required by § 544.6 of this 

part for the calendar year 3 years 

previous to the year in which the report 

is filed (e.g., the report due by October 

25, 2010 will contain the required 

information for the 2007 calendar year). 

* * * * * 

■ 3. Appendix A to part 544 is revised 

to read as follows: 

Appendix A—Insurers of Motor Vehicle 

Insurance Policies Subject to the 

Reporting Requirements in Each State 

in Which They Do Business 

Allstate Insurance Group 

American Family Insurance Group 

American International Group 

Auto Club Enterprise Insurance Group 

Auto-Owners Insurance Group 

Erie Insurance Group 

Berkshire Hathaway/GEICO Corporation 

Group 

California State Auto Group 

Hartford Insurance Group 

Liberty Mutual Insurance Companies 

Metropolitan Life Auto & Home Group 

Mercury General Group 

Nationwide Group 

Progressive Group 

Safeco Insurance Companies 

State Farm Group 

Travelers Companies 

USAA Group 

Farmers Insurance Group 

■ 4. Appendix B to part 544 is revised 

to read as follows: 

Appendix B—Issuers of Motor Vehicle 

Insurance Policies Subject to the 

Reporting Requirements Only in 

Designated States 

Alfa Insurance Group (Alabama) 

Auto Club (Michigan) 

Balboa Insurance Group (South Dakota) 1

Commerce Group, Inc. (Massachusetts) 

Kentucky Farm Bureau Group (Kentucky) 

New Jersey Manufacturers Group (New 

Jersey) 

Safety Group (Massachusetts) 

Southern Farm Bureau Group (Arkansas, 

Mississippi) 

Tennessee Farmers Companies (Tennessee) 

1 Indicates a newly listed company which 

must file a report beginning with the report 

due October 25, 2010. 

■ 5. Appendix C to part 544 is revised 

to read as follows: 

Appendix C—Motor Vehicle Rental and 

Leasing Companies (Including 

Licensees and Franchisees) Subject to 

the Reporting Requirements of Part 544 

Cendant Car Rental 

Dollar Thrifty Automotive Group 

Enterprise Holding Inc./Enterprise Rent-ACar Company 1

Hertz Rent-A-Car Division (subsidiary of The 

Hertz Corporation) 

U-Haul International, Inc. (Subsidiary of 

AMERCO) 

1Enterprise Rent-A-Car Company acquired 

ownership of Vanguard Car Rental USA in 

August 2007. 

Issued on: August 30, 2010. 

Joseph S. Carra, 

Acting Associate Administrator for 

Rulemaking. 

[FR Doc. 2010–21945 Filed 9–2–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0907211157–0327–03] 

RIN 0648–AX76 

Fisheries in the Western Pacific; 

Community Development Program 

Process 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

eligibility requirements and procedures 

for reviewing and approving community 

development plans for western Pacific 

fisheries. The intent of this final rule is 

to promote the participation of island 

communities in fisheries that they have 

traditionally depended upon, but in 

which they may not have the 

capabilities to support continued and 

substantial participation. 

DATES: This rule is effective October 4, 

2010, except for § 665.20(c), which 

contains information collection 

requirements that have not yet been 

approved by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act (PRA). When OMB 

approval is received, the control number 

and the effective date for that 

information collection will be published 

in the Federal Register. 

ADDRESSES: The background and details 

of the community development plan 

process are described in Amendment 1 

to the fishery ecosystem plans for 

American Samoa, Hawaii, the Mariana 

Archipelago, and western Pacific 

pelagic fisheries (the amendment is 

identical for each plan), which is 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226, or www.wpcouncil.org. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS, attention 

Michael D. Tosatto, 1601 Kapiolani 


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Blvd., Honolulu, HI 96814, and by email to 

OIRAlSubmission@omb.eop.gov, or 

fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS Pacific Islands 

Region (PIR), Sustainable Fisheries, tel 

808–944–2108. 

SUPPLEMENTARY INFORMATION: This 

document is also accessible at 

www.gpoaccess.gov/fr. 

Section 305(i)(2) of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) authorizes the Council and the 

Secretary of Commerce (Secretary), 

through NMFS, to establish a western 

Pacific community development 

program for any fishery under the 

authority of the Council and NMFS. The 

intent of the program is to provide 

western Pacific communities access to 

fisheries that they have traditionally 

depended upon, but may not have the 

capabilities to support continued and 

substantial participation in, possibly 

due to economic, regulatory, or other 

barriers. 

In 2002, NMFS published the 

eligibility criteria for participating in the 

western Pacific community 

development program (67 FR 18512; 

April 16, 2002), but did not establish a 

mechanism to solicit and review 

development plans under the program. 

To address this, the Council prepared, 

and the Secretary approved, 

Amendment 1 to the American Samoa, 

Hawaii, Marianas, and western Pacific 

pelagic fishery ecosystem plans (FEPs) 

to establish this process. 

This final rule codifies the eligibility 

criteria for participating in the program, 

and the required content of each 

community development plan. The 

Council will review each plan to ensure 

that it meets the intent of Section 

305(i)(2) of the Magnuson-Stevens Act, 

and that it contains all required 

information. If the requirements are met, 

the Council will forward the plan to the 

NMFS Regional Administrator for 

review. NMFS will then publish a 

notice in the Federal Register to solicit 

public review of, and comment on, the 

community development plan and any 

associated environmental review 

documents. If the plan is approved, 

NMFS will publish a notice in the 

Federal Register, describing the plan’s 

authorized activities, and any limiting 

terms and conditions to ensure proper 

management and monitoring of the 

fishing activity. 

Additional background information 

on this final rule may be found in the 

preamble to the proposed rule 

published on June 16, 2010 (75 FR 

34088), and is not repeated here. 

The public comment period for the 

proposed rule (75 FR 34088, June 16, 

2010) ended on July 20, 2010. NMFS 

received one comment and responds as 

follows: 

Comment: The U.S. Department of the 

Interior, Fish and Wildlife Service 

(FWS), Pacific Reefs National Wildlife 

Refuge Complex, commented that the 

FWS has regulatory authority within 

eight national wildlife refuges in the 

Pacific Remote Island Areas (PRIA), 

which are closed to commercial fishing. 

In 2002, NMFS and the FWS agreed that 

fishing managed through a NMFS 

fishery management plan would not be 

allowed within a national wildlife 

refuge unless specifically authorized by 

FWS, regardless of whether the refuge 

was established by action of the 

President or Secretary of the Interior. 

The agreement came about as a result of 

FWS concerns associated with the 

Fishery Management Plan for Coral Reef 

Ecosystems of the Western Pacific 

Region and its final Environmental 

Impact Statement. As part of this 

agreement, NMFS published regulations 

in 50 CFR 660.601. The FWS 

recommends clarifying that fishing is 

not allowed within the boundary of a 

national wildlife refuge unless 

specifically authorized by the FWS. 

Response: The referenced 2002 

agreement was limited in scope to the 

Coral Reef Ecosystems Fishery 

Management Plan and was codified at 

50 CFR 600.601. In a final rule 

published on January 14, 2010 (75 FR 

2198), NMFS redesignated the fishing 

regulations for coral reef ecosystem 

species in national wildlife refuges from 

50 CFR 600.601 to 50 CFR 665.123 

(American Samoa), 50 CFR 665.223 

(Hawaii), 50 CFR 665.423 (Marianas), 

and 50 CFR 665.623 (PRIA). The 

prohibition on fishing for coral reef 

ecosystem species without FWS 

permission remains in the regulations. 

Under the FEP amendments, this final 

rule establishes only community 

development program procedures and 

administration as described in the 

proposed rule, and does not alter or 

amend existing agency authorities. 

Changes from the Proposed Rule 

In § 665.20(e)(1), (2), and (4), 

regarding the review and approval 

process, the regulatory language is 

clarified for internal consistency. 

Classification 

The Regional Administrator, PIR, 

NMFS, determined that this final rule is 

necessary for the conservation and 

management of western Pacific 

fisheries, and that it is consistent with 

the Magnuson-Stevens Act and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required, and none was prepared. 

This final rule contains collection-ofinformation requirements subject to the 

PRA. These requirements have not yet 

been approved by OMB, but such 

approval is expected in the near future. 

NMFS will publish a notice when these 

requirements are cleared by OMB and 

are, therefore, effective (see DATES). 

The public reporting burden for 

developing and submitting a 

development plan is estimated to 

average six hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection information. 

Send comments regarding these burden 

estimates or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to NMFS (see 

ADDRESSES) and by e-mail to 

OIRAlSubmission@omb.eop.gov, or fax 

to 202–395–7285. 

Because approved plans may be 

subject to additional conditions, this 

final rule also contains collection-ofinformation requirements subject to the 

PRA that have been previously 

approved by OMB. NMFS estimates that 

it may receive and process up to five (5) 

community development plan proposals 

each year. Therefore, the additional 

estimated burden on western Pacific 

community development plan 

respondents would not exceed the 

currently-approved burden estimates for 

the existing PRA collections listed 

below: 

(1) Approved under 0648–0214, 

0648–0577, 0648–0584, 0648–0586, and 

0649–0589. (a) PIR logbook family of 

forms estimated at 5 minutes (min) per 

reporting action; (b) pre-trip and postlanding notifications estimated at 5 min 

per reporting action; (c) experimental 

fishing reports estimated at 4 hours (hr) 

per reporting action; (d) sales and 

transshipment reports estimated at 5 


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54046 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 

min per reporting action; (e) report on 

gear left at sea estimated at 5 min per 

reporting action; (f) claims for 

reimbursement for lost fishing time 

estimated at 4 hr per claim; (g) request 

for pelagics area closure exemption 

estimated at 1 hr per request; and (h) 

observer placement meetings estimated 

at 1 hr per reporting action. (§§ 665.14, 

665.17, 665.105, 665.144, 665.145, 

665.205, 665.207, 665.244, 665.247, 

665.407, 665.444, 665.445, 665.606, 

665.644, 665.645, 665.803, and 

665.808.) 

(2) Approved under 0648–0360, 

0648–0361, 0648–0584, 0648–0586, and 

0648–0589. PIR gear marking and vessel 

identification (a) estimated at 45 min to 

1 hr 15 min per vessel for vessel 

identification, and (b) estimated at 2 

min for each gear marking. (§§ 665.16, 

665.128, 665.228, 665.246, 665.428, 

665.628, and 665.804.) 

(3) Approved under 0648–0441, 

0648–0519, and 0648–0584. PIR vessel 

monitoring system (a) installation, 

estimated at 4 hr per reporting action; 

(b) repair and maintenance, estimated at 

2 hr per reporting action; and (c) hourly 

automated position reports, estimated at 

24 sec per day. (§ 665.19.) 

(4) Approved under 0648–0456. PIR 

seabird interaction reporting (a) at-sea 

notification, estimated at 1 hr per 

reporting action; (b) reporting on 

recovery data form, estimated at 1 hr per 

reporting action; and (c) specimen 

tagging, estimated at 30 min per 

reporting action. (§ 665.815.) 

(5) Approved under 0648–0462. PIR 

coral reef logbook reporting (a) at-sea 

notification, estimated at 3 min per 

reporting action; (b) logbook reporting, 

estimated at 30 min per reporting 

action; and (c) transshipment reports, 

estimated at 15 min per reporting 

action. (§§ 665.14, 665.126, 665.226, and 

665.426.) 

(6) Approved under 0648–0463. PIR 

coral reef special permit (a) application, 

estimated at 2 hr per application; and 

(b) special permit appeals, estimated at 

3 hr per appeal. (§§ 665.124, 665.224, 

665.424, and 665.624.) 

(7) Approved under 0648–0490, 

0648–0577, 0648–0584, 0648–0586, and 

0649–0589: (a) PIR permit family of 

forms estimated at 30 min per permit 

action; (b) experimental fishing permits, 

estimated at 2 hr per application; and (c) 

appeals from permit actions estimated at 

2 hr per permit appeal. (§§ 665.13, 

665.17, 665.142, 665.162, 665.203, 

665.242, 665.262, 665.404, 665.442, 

665.462, 665.603, 665.642, 665.662, 

665.801, and 665.807.) 

Notwithstanding any other provision 

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. 

List of Subjects in 50 CFR Part 665 

Community development, Fisheries, 

Fishing, Western and central Pacific. 

Dated: August 30, 2010. 

Eric C. Schwaab, 

Assistant Administrator for 

Fisheries,National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

l. The authority citation for part 665 

continues to read as follows: 

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

■ 2. In part 665, add a new § 665.20 to 

subpart A read as follows: 

§ 665.20 Western Pacific Community 

Development Program. 

(a) General. In accordance with the 

criteria and procedures specified in this 

section, the Regional Administrator may 

authorize the direct or incidental 

harvest of management unit species that 

would otherwise be prohibited by this 

part. 

(b) Eligibility. To be eligible to 

participate in the western Pacific 

community development program, a 

community must meet the following 

criteria: 

(1) Be located in American Samoa, 

Guam, Hawaii, or the Northern Mariana 

Islands (collectively, the western 

Pacific); 

(2) Consist of community residents 

descended from aboriginal people 

indigenous to the western Pacific who 

conducted commercial or subsistence 

fishing using traditional fishing 

practices in the waters of the western 

Pacific; 

(3) Consist of individuals who reside 

in their ancestral homeland; 

(4) Have knowledge of customary 

practices relevant to fisheries of the 

western Pacific; 

(5) Have a traditional dependence on 

fisheries of the western Pacific; 

(6) Are currently experiencing 

economic or other constraints that have 

prevented full participation in the 

western Pacific fisheries and, in recent 

years, have not had harvesting, 

processing or marketing capability 

sufficient to support substantial 

participation in fisheries in the area; 

and 

(7) Develop and submit a community 

development plan to the Council and 

the NMFS that meets the requirements 

in paragraph (c) of this section. 

(c) Community development plan. An 

eligible community seeking access to a 

fishery under the authority of the 

Council and NMFS must submit to the 

Council a community development plan 

that includes, but is not limited to, the 

following information: 

(1) A statement of the purposes and 

goals of the plan. 

(2) A description and justification for 

the specific fishing activity being 

proposed, including: 

(i) Location of the proposed fishing 

activity. 

(ii) Management unit species to be 

harvested, and any potential bycatch. 

(iii) Gear type(s) to be used. 

(iv) Frequency and duration of the 

proposed fishing activity. 

(3) A statement describing the degree 

of involvement by the indigenous 

community members, including the 

name, address, telephone and other 

contact information of each individual 

conducting the proposed fishing 

activity. 

(4) A description of how the 

community and or its members meet 

each of the eligibility criteria in 

paragraph (b) of this section. 

(5) If a vessel is to be used by the 

community to conduct fishing activities, 

for each vessel: 

(i) Vessel name and official number 

(USCG documentation, state, territory, 

or other registration number). 

(ii) Vessel length overall, 

displacement, and fish holding capacity. 

(iii) Any valid federal fishing permit 

number(s). 

(iv) Name, address, and telephone 

number of the vessel owner(s) and 

operator(s). 

(d) Council review. The Council will 

review each community development 

plan to ensure that it meets the intent 

of the Magnuson-Stevens Act and 

contains all required information. The 

Council may consider advice of its 

advisory panels in conducting this 

review. If the Council finds the 

community development plan is 

complete, it will transmit the plan to the 

Regional Administrator for review. 

(e) Agency review and approval. (1) 

Upon receipt of a community 

development plan from the Council, the 

Regional Administrator will review the 


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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 54047 

plan for consistency with paragraphs 

(b), (c), and (d) of this section, and other 

applicable laws. The Regional 

Administrator may request from the 

applicant additional information 

necessary to make the determinations 

pursuant to this section and other 

applicable laws before proceeding with 

the review pursuant to paragraph (e)(2) 

of this section. 

(2) If the Regional Administrator 

determines that a plan contains the 

required information and is consistent 

with paragraphs (b), (c), and (d) of this 

section, and other applicable laws, 

NMFS will publish a notice in the 

Federal Register to solicit public 

comment on the proposed plan and any 

associated environmental review 

documents. The notice will include the 

following: 

(i) A description of the fishing activity 

to be conducted. 

(ii) The current utilization of domestic 

annual harvesting and processing 

capacity (including existing 

experimental harvesting, if any) of the 

target, incidental, and bycatch species. 

(iii) A summary of any regulations 

that would otherwise prohibit the 

proposed fishing activity. 

(iv) Biological and environmental 

information relevant to the plan, 

including appropriate statements of 

environmental impacts on target and 

non-target stocks, marine mammals, and 

threatened or endangered species. 

(3) Within 90 days from the end of the 

comment period on the plan, the 

Regional Administrator will notify the 

applicant in writing of the decision to 

approve or disapprove the plan. 

(4) If disapproved, the Regional 

Administrator will provide the reasons 

for the plan’s disapproval and provide 

the community with the opportunity to 

modify the plan and resubmit it for 

review. Reasons for disapproval may 

include, but are not limited to, the 

following: 

(i) The applicant failed to disclose 

material information or made false 

statements related to the plan. 

(ii) The harvest would contribute to 

overfishing or would hinder the 

recovery of an overfished stock, 

according to the best scientific 

information available. 

(iii) The activity would be 

inconsistent with an applicable law. 

(iv) The activity would create a 

significant enforcement, monitoring, or 

administrative problem, as determined 

by the Regional Administrator. 

(5) If approved, the Regional 

Administrator will publish a notice of 

the authorization in the Federal 

Register, and may attach limiting terms 

and conditions to the authorization 

including, but not limited to, the 

following: 

(i) The maximum amount of each 

management unit species and potential 

bycatch species that may be harvested 

and landed during the term of the 

authorization. 

(ii) The number, sizes, names, 

identification numbers, and federal 

permit numbers of the vessels 

authorized to conduct fishing activities. 

(iii) Type, size, and amount of gear 

used by each vessel, including trip 

limits. 

(iv) The times and places where 

fishing may or may not be conducted. 

(v) Notification, observer, vessel 

monitoring, and reporting requirements. 

(f) Duration. Unless otherwise 

specified, and unless revoked, 

suspended, or modified, a plan may be 

effective for no longer than five years. 

(g) Transfer. Plans authorized under 

this section are not transferable or 

assignable. 

(h) Sanctions. The Regional 

Administrator may revoke, suspend or 

modify a community development plan 

in the case of failure to comply with the 

terms and conditions of the plan, any 

other applicable provision of this part, 

the Magnuson-Stevens Act, or other 

applicable laws. 

(i) Program review. NMFS and the 

Council will periodically review and 

assess each plan. If fishery, 

environmental, or other conditions have 

changed such that the plan’s goals or 

requirements are not being met, or the 

fishery has become in an overfished 

state or overfishing is occurring, the 

Regional Administrator may revoke, 

suspend, or modify the plan. 

[FR Doc. 2010–22077 Filed 9–2–10; 8:45 am] 

BILLING CODE 3510–22–S 


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