Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 54041 

so the VCO user can read it in text. A 

VCO-to-TTY call allows a relay 

conversation to take place between a 

VCO user and a TTY user; a VCO-toVCO call allows a relay conversation to 

take place between two VCO users. 

The Commission extends the waivers 

of these requirements for one year for 

VRS and IP Relay because the most 

recent annual waiver reports reflect that 

the Internet cannot support the voice leg 

of a VCO call with the necessary call 

quality. These waivers are again 

conditioned on the filing of a report, 

due April 16, 2011, addressing whether 

it is necessary for the waivers to remain 

in effect, and whether a technical fix is 

imminent. 

One-line HCO, HCO-to-TTY, and 

HCO-to-HCO. One-line HCO is a type of 

traditional TTY-based TRS that can be 

used by persons with a speech disability 

who can hear. The HCO user types what 

he or she wishes to say to the called 

party, and the CA voices what the HCO 

user has typed. The HCO user then 

listens to what the called party says in 

response. An HCO-to-TTY call allows a 

relay conversation to take place between 

a HCO user and a TTY user; an HCOto-HCO call allows a relay conversation 

to take place between two HCO users. 

The Commission extends the waivers of 

these requirements for one year because 

the most recent annual waiver reports 

reflect that VRS and IP Relay providers 

cannot provide these services. 

Call Release. Call release allows a CA 

to set up a TTY-to-TTY call that, once 

established, does not require the CA to 

relay the conversation. In other words, 

this feature allows the CA to sign-off or 

be ‘‘released’’ from the telephone line, 

without triggering a disconnection 

between two TTY users, after the CA 

connects the originating TTY caller to 

the called party’s TTY through, e.g., a 

business switchboard. The Commission 

extends the waiver of this requirement 

for one year due to technological 

infeasibility. 

Pay-Per-Call (900) calls. Pay-per-call 

(900) calls are calls that the person 

making the call pays for at a charge 

greater than the basic cost of the call. 

The Commission extends the waiver of 

this requirement for VRS and IP Relay 

for one year because the providers’ 

annual waiver reports reflect there is 

still no billing mechanism available to 

handle the charges associated with payper-call calls. 

Types of Calls (Operated Assisted 

Calls and Long Distance Calls. 

Commission rules require TRS 

providers to handle any type of call 

routinely handled by common carriers. 

The requirement that VRS and IP Relay 

providers offer operator-assisted calls 

and bill certain types of calls to the end 

user was waived because providers 

could not determine when a call was 

local or long distance. VRS and IP Relay 

providers are required to allow calls to 

be placed using calling cards and/or 

provide free long distance during the 

waiver period. The Commission extends 

the waiver of this requirement for VRS 

and IP Relay for one year because the 

providers’ annual waiver reports reflect 

that it remains technologically 

infeasible for providers to bill for these 

calls, since one leg of the call is 

transmitted over the Internet. 

Equal Access to Interexchange 

Carriers. The TRS rules require that 

providers offer TRS users their 

interexchange carrier of choice to the 

same extent that such access is provided 

to voice users. The Commission has 

waived this requirement for VRS 

providers, noting that it was not 

possible to determine if a call is long 

distance and, in any event, the 

providers could not automatically route 

the calls to the caller’s long distance 

carrier of choice. This waiver is 

contingent on VRS providers providing 

long distance services free of charge to 

the caller. The Commission extends the 

waiver of this requirement for VRS for 

one year because the providers cannot 

determine whether a particular call is 

local or long distance, and so they 

cannot offer carrier of choice. Instead, 

providers do not charge consumers for 

long distance service. The Commission 

waived this requirement for IP Relay 

indefinitely. 

Speech-to-Speech. The Commission 

recognized STS as a form of TRS and 

required that it be offered as a 

mandatory service. The Commission 

waived this requirement indefinitely for 

VRS, noting that STS is a speech-based 

service, whereas VRS is a visual service 

using interpreters to interpret in sign 

language over a video connection. The 

requirement for IP Relay is waived until 

July 1, 2010, because of technical 

difficulties with respect to voiceinitiated calls and the Internet. The 

Commission extends the waiver of this 

requirement for IP Relay for one year 

because providers of this service 

continue to report erratic voice quality. 

Waiver for Default Providers Using 

Other Providers’ CPE 

The Commission extends the waiver 

of certain mandatory minimum 

standards for default Internet-based TRS 

providers that are unable to meet such 

standards for newly-registered Internetbased TRS users who port their 

customer premises equipment (CPE) 

from a former default provider, in those 

instances where the new default 

provider does not have access to the 

technical information about such CPE 

that would be necessary in order to 

comply with these standards. 

Specifically, the Commission extends 

the waiver for operational requirements, 

emergency handling requirements, and 

point-to-point calling associated with 

such porting. 

All of these waivers are conditioned 

on the filing of a report, due April 16, 

2011, addressing whether it is necessary 

for the waivers to remain in effect. 

Mark Stone, 

Deputy Bureau Chief, Consumer and 

Governmental Affairs Bureau, Federal 

Communications Commission. 

[FR Doc. 2010–22122 Filed 9–2–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 544 

[Docket No. NHTSA–2010–0017] 

RIN 2127–AK69 

Insurer Reporting Requirements; List 

of Insurers Required To File Reports 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends 

regulations concerning Insurer 

Reporting Requirements. The 

regulations specify the requirements for 

annual insurer reports and lists in 

appendices those passenger motor 

vehicle insurers that are required to file 

reports on their motor vehicle theft loss 

experiences. An insurer included in any 

of these appendices must file three 

copies of its report for the 2007 calendar 

year before October 25, 2010. If the 

passenger motor vehicle insurers remain 

listed, they must submit reports by each 

subsequent October 25. 

DATES: This final rule becomes effective 

on October 4, 2010. Insurers listed in 

the appendices are required to submit 

reports on or before October 25, 2010. If 

you wish to submit a petition for 

reconsideration of this rule, your 

petition must be received by October 18, 

2010. 

ADDRESSES: Petitions for reconsideration 

should refer to the docket number and 

be submitted to: Administrator, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue, SE., West 

Building, Room W41–307, Washington, 

DC 20590. 


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1A.M. Best Company is a well-recognized source 

of insurance company ratings and information. 49 

U.S.C. 33112(i) authorizes NHTSA to consult with 

public and private organizations as necessary. 

2Automotive Fleet Magazine and Auto Rental 

News are publications that provide information on 

the size of fleets and market share of rental and 

leasing companies. 

FOR FURTHER INFORMATION CONTACT: 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Avenue, SE., West Building, Room 

W43–439, Washington, DC 20590, by 

electronic mail to 

carlita.ballard@dot.gov. Ms. Ballard’s 

telephone number is (202) 366–0846. 

Her fax number is (202) 493–2990. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 33112, Insurer 

reports and information, NHTSA 

requires certain passenger motor vehicle 

insurers to file an annual report with the 

agency. Each insurer’s report includes 

information about thefts and recoveries 

of motor vehicles, the rating rules used 

by the insurer to establish premiums for 

comprehensive coverage, the actions 

taken by the insurer to reduce such 

premiums, and the actions taken by the 

insurer to reduce or deter theft. 

Pursuant to 49 U.S.C. Section 33112(f), 

the following insurers are subject to the 

reporting requirements: 

(1) Issuers of motor vehicle insurance 

policies whose total premiums account 

for 1 percent or more of the total 

premiums of motor vehicle insurance 

issued within the United States; 

(2) Issuers of motor vehicle insurance 

policies whose premiums account for 10 

percent or more of total premiums 

written within any one state and; 

(3) Rental and leasing companies with 

a fleet of 20 or more vehicles not 

covered by theft insurance policies 

issued by insurers of motor vehicles, 

other than any governmental entity. 

Pursuant to its statutory exemption 

authority, the agency exempted certain 

passenger motor vehicle insurers from 

the reporting requirements. 

A. Small Insurers of Passenger Motor 

Vehicles 

Section 33112(f)(2) provides that the 

agency shall exempt small insurers of 

passenger motor vehicles if NHTSA 

finds that such exemptions will not 

significantly affect the validity or 

usefulness of the information in the 

reports, either nationally or on a stateby-state basis. The term ‘‘small insurer’’ 

is defined, in Section 33112(f)(1)(A) and 

(B), as an insurer whose premiums for 

motor vehicle insurance issued directly 

or through an affiliate, including 

pooling arrangements established under 

state law or regulation for the issuance 

of motor vehicle insurance, account for 

less than 1 percent of the total 

premiums for all forms of motor vehicle 

insurance issued by insurers within the 

United States. However, that section 

also stipulates that if an insurance 

company satisfies this definition of a 

‘‘small insurer,’’ but accounts for 10 

percent or more of the total premiums 

for all motor vehicle insurance issued in 

a particular state, the insurer must 

report about its operations in that state. 

In the final rule establishing the 

insurer reports requirement (49 CFR 

Part 544; 52 FR 59, January 2, 1987), 

NHTSA exercised its exemption 

authority by listing in Appendix A each 

insurer that must report because it had 

at least 1 percent of the motor vehicle 

insurance premiums nationally. Listing 

the insurers subject to reporting, instead 

of each insurer exempted from reporting 

because it had less than 1 percent of the 

premiums nationally, is 

administratively simpler, since the 

former group is much smaller than the 

latter. In Appendix B, NHTSA lists 

those insurers required to report for 

particular states because each insurer 

had a 10 percent or greater market share 

of motor vehicle premiums in those 

states. In the January 1987 final rule, the 

agency stated that it would update 

Appendices A and B annually. NHTSA 

updates the appendices based on data 

voluntarily provided by insurance 

companies to A.M. Best, which A.M. 

Best 1 publishes in its State/Line Report 

each spring. The agency uses the data to 

determine the insurers’ market shares 

nationally and in each state. 

B. Self-Insured Rental and Leasing 

Companies 

In addition, upon making certain 

determinations, NHTSA grants 

exemptions to self-insurers, i.e., any 

person who has a fleet of 20 or more 

motor vehicles (other than any 

governmental entity) used for rental or 

lease whose vehicles are not covered by 

theft insurance policies issued by 

insurers of passenger motor vehicles, 49 

U.S.C. 33112(b)(1) and (f). Under 49 

U.S.C. 33112(e)(1) and (2), NHTSA may 

exempt a self-insurer from reporting, if 

the agency determines: 

(1) The cost of preparing and 

furnishing such reports is excessive in 

relation to the size of the business of the 

insurer; 

(2) The insurer’s report will not 

significantly contribute to carrying out 

the purposes of Chapter 331. 

In a final rule published June 22, 1990 

(55 FR 25606), the agency granted a 

class exemption to all companies that 

rent or lease fewer than 50,000 vehicles, 

because it believed that the largest 

companies’ reports sufficiently 

represent the theft experience of rental 

and leasing companies. NHTSA 

concluded that smaller rental and 

leasing companies’ reports do not 

significantly contribute to carrying out 

NHTSA’s statutory obligations and that 

exempting such companies will relieve 

an unnecessary burden on them. As a 

result of the June 1990 final rule, the 

agency added Appendix C, consisting of 

an annually updated list of the selfinsurers subject to Part 544. Following 

the same approach as in Appendix A, 

NHTSA included, in Appendix C, each 

of the self-insurers subject to reporting 

instead of the self-insurers which are 

exempted. NHTSA updates Appendix C 

based primarily on information from 

Automotive Fleet Magazine and Auto 

Rental News.2

C. When a Listed Insurer Must File a 

Report 

Under Part 544, as long as an insurer 

is listed, it must file reports on or before 

October 25 of each year. Thus, any 

insurer listed in the appendices must 

file a report before October 25, 2010, 

and by each succeeding October 25, 

absent an amendment removing the 

insurer’s name from the appendices. 

II. Notice of Proposed Rulemaking 

1. Insurers of Passenger Motor Vehicles 

On June 21, 2010, NHTSA published 

a notice of proposed rulemaking 

(NPRM) to update the list of insurers in 

Appendices A, B, and C required to file 

reports (75 FR 34966). Appendix A lists 

insurers that must report because each 

had 1 percent of the motor vehicle 

insurance premiums on a national basis. 

The list was last amended in a final rule 

published on January 12, 2010 (75 FR 

1548). Based on the 2007 calendar year 

market share data from A.M. Best, 

NHTSA proposed to make no change to 

Appendix A. 

Appendix B lists insurers required to 

report because each insurer had a 10 

percent or greater market share of motor 

vehicle premiums in a particular State. 

Based on the 2007 calendar year data for 

market shares from A.M. Best, we 

proposed to add Balboa Insurance 

Group of South Dakota to Appendix B. 

2. Rental and Leasing Companies 

Appendix C lists rental and leasing 

companies required to file reports. 

Subsequent to publishing the January 

12, 2010 final rule (see 75 FR 1548), the 

agency was informed by Enterprise 

Rent-A–Car company (Enterprise), that 


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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 54043 

it purchased Vanguard Car Rental, USA 

(Vanguard) in August of 2007, and that 

Vanguard will no longer be reporting as 

a separate entity because it merged with 

Enterprise in August of 2009. 

Specifically, Enterprise stated that all 

reporting would be performed by its 

parent company, Enterprise Holdings, 

Inc. for all three brands, National, 

Alamo and Enterprise. Therefore, 

NHTSA proposed to remove Vanguard 

Car Rental USA from the list of insurers 

required to meet the reporting 

requirements. 

Public Comments on Final 

Determination 

Insurers of Passenger Motor Vehicles 

The agency received no comments in 

response to the NPRM. Therefore, this 

final rule adopts the proposed changes 

to Appendices B and C. Accordingly, 

NHTSA has determined that each of the 

19 insurers listed in Appendix A, each 

of the nine insurers listed in Appendix 

B and each of five companies listed in 

Appendix C are required to submit an 

insurer report on its experience for 

calendar year 2007 no later than October 

25, 2010, and set forth the information 

required by part 544. As long as these 

insurers and companies remain listed, 

they would be required to submit 

reports before each subsequent October 

25 for the calendar year ending slightly 

less than 3 years before. 

Submission of Theft Loss Report 

Passenger motor vehicle insurers 

listed in the appendices can forward 

their theft loss reports to the agency in 

several ways: 

a. Mail: Carlita Ballard, Office of 

International Policy, Fuel Economy and 

Consumer Programs, Department of 

Transportation, NHTSA, West Building, 

1200 New Jersey Avenue, SE., NVS–131, 

Room W43–439, Washington, DC 20590. 

b. E–Mail: carlita.ballard@dot.gov; or 

c. Fax: (202) 493–2990. 

Theft loss reports may also be 

submitted to the docket electronically 

[identified by Docket No. NHTSA– 

2010–0017] by: 

d. logging onto the Federal 

eRulemaking Portal: Go to http:// 

www.regulations.gov. Follow the online 

instructions for filing the document 

electronically. 

Regulatory Impacts 

1. Costs and Other Impacts 

This notice has not been reviewed 

under Executive Order 12866, 

Regulatory Planning and Review. 

NHTSA has considered the impact of 

this final rule and determined that the 

action is not ‘‘significant’’ within the 

meaning of the Department of 

Transportation’s regulatory policies and 

procedures. This final rule implements 

the agency’s policy of ensuring that all 

insurance companies that are statutorily 

eligible for exemption from the insurer 

reporting requirements are in fact 

exempted from those requirements. 

Only those companies that are not 

statutorily eligible for an exemption are 

required to file reports. 

NHTSA does not believe that this 

rule, reflecting current data, affects the 

impacts described in the final regulatory 

evaluation prepared for the final rule 

establishing Part 544 (52 FR 59; January 

2, 1987). Accordingly, a separate 

regulatory evaluation has not been 

prepared for this rulemaking action. The 

cost estimates in the 1987 final 

regulatory evaluation should be 

adjusted for inflation, using the Bureau 

of Labor Statistics Consumer Price Index 

for 2007 (see http://www.bls.gov/cpi). 

The agency estimates that the cost of 

compliance is $50,000 (1987 dollars) for 

any insurer added to Appendix A, 

$20,000 (1987 dollars) for any insurer 

added to Appendix B, and $5,770 (1987 

dollars) for any insurer added to 

Appendix C. This final rule will make 

no change to Appendix A, add one 

company to Appendix B, and remove 

one company from Appendix C. 

Therefore, the net effect of this final rule 

is an increased cost of $14,220 (1987 

dollars) to insurers as a group. 

Interested persons may wish to 

examine the 1987 final regulatory 

evaluation. Copies of that evaluation 

were placed in Docket No. T86–01; 

Notice 2. Any interested person may 

obtain a copy of this evaluation by 

writing to NHTSA, Technical Reference 

Division, 1200 New Jersey Avenue, SE., 

East Building (Ground Floor), Room 

E12–100, Washington, DC 20590, or by 

calling (202) 366–2588. 

2. Paperwork Reduction Act 

The information collection 

requirements in this final rule were 

submitted and approved by the Office of 

Management and Budget (OMB) 

pursuant to the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). The existing information 

collection indicates that the number of 

respondents for this collection is thirtythree, however, the actual number of 

respondents fluctuates from year to 

year. Therefore, because the number of 

respondents required to report for this 

final rule does not exceed the number 

of respondents indicated in the existing 

information collection, the agency does 

not believe that an amendment to the 

existing information collection is 

necessary. This collection of 

information is assigned OMB Control 

Number 2127–0547 (‘‘Insurer Reporting 

Requirements.’’) 

3. Regulatory Flexibility Act 

The agency also considered the effects 

of this rulemaking under the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.). I certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The rationale for the certification is that 

none of the companies listed on 

Appendices A, B or C are construed to 

be a small entity within the definition 

of the RFA. ‘‘Small insurer’’ is defined, 

in part under 49 U.S.C. 33112, as any 

insurer whose premiums for all forms of 

motor vehicle insurance account for less 

than 1 percent of the total premiums for 

all forms of motor vehicle insurance 

issued by insurers within the United 

States or any insurer whose premiums 

within any State account for less than 

10 percent of the total premiums for all 

forms of motor vehicle insurance issued 

by insurers within the State. This notice 

exempts all insurers meeting those 

criteria. Any insurer too large to meet 

those criteria is not a small entity. In 

addition, in this rulemaking, the agency 

exempts all ‘‘self insured rental and 

leasing companies’’ that have fleets of 

fewer than 50,000 vehicles. Any selfinsured rental and leasing company too 

large to meet that criterion is not a small 

entity. 

4. Federalism 

This action has been analyzed 

according to the principles and criteria 

contained in Executive Order 12612, 

and it has been determined that the final 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

5. Environmental Impacts 

In accordance with the National 

Environmental Policy Act, NHTSA has 

considered the environmental impacts 

of this final rule and determined that it 

would not have a significant impact on 

the quality of the human environment. 

6. Civil Justice Reform 

This final rule does not have any 

retroactive effect, and it does not 

preempt any State law, 49 U.S.C. 33117 

provides that judicial review of this rule 

may be obtained pursuant to 49 U.S.C. 

32909, and section 32909 does not 

require submission of a petition for 

reconsideration or other administrative 

proceedings before parties may file suit 

in court. 


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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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