Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71313 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace in the Roanoke 

Rapids, NC, area. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9Y, Airspace 

Designations and Reporting Points, 

dated August 6, 2014, effective 

September 15, 2014, is amended as 

follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Roanoke Rapids, NC 

[Amended] 

Halifax-Northampton Regional Airport, NC 

(Lat. 36°19′47′′ N., long. 77°38′07′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Halifax-Northampton Regional 

Airport. 

Issued in College Park, Georgia, on 

November 17, 2014. 

Myron A. Jenkins, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2014–28227 Filed 12–1–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 679 

[Docket No. 140311229–4978–02] 

RIN 0648–BE09 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska Trawl 

Economic Data Report 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

implement the Gulf of Alaska (GOA) 

Trawl Economic Data Report Program to 

evaluate the economic effects of current 

and potential future fishery 

management measures for the GOA 

trawl fisheries. This data collection 

program will provide the North Pacific 

Fishery Management Council (Council) 

and NMFS with baseline economic 

information on harvesters, crew, 

processors, and communities active in 

the GOA trawl fisheries, which will be 

used to assess the impacts of anticipated 

future GOA trawl groundfish 

management measures on stakeholders. 

The data collected for this program will 

be submitted by owners and 

leaseholders of GOA trawl vessels, 

owners and leaseholders of processors 

receiving deliveries from those trawl 

vessels, and owners and leaseholders of 

trawl catcher/processors. The types of 

data collected will include, but not be 

limited to, labor data, revenues, capital 

and operational expenses, and other 

operational or financial data. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska, and 

other applicable laws. 

DATES: Effective: January 1, 2015. 

ADDRESSES: Electronic copies of this 

rule, the Regulatory Impact Review 

(RIR)/Initial Regulatory Flexibility 

Analysis (IRFA), Categorical Exclusion, 

and Final Regulatory Flexibility 

Analysis (FRFA) prepared for this action 

may be obtained from http://

www.regulations.gov or from the Alaska 

Region Web site at http://

alaskafisheries.noaa.gov. Written 

comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this rule may be submitted 

to NMFS Alaska Region, P.O. Box 

21668, Juneau, AK 99802, Attn: Ellen 

Sebastian, Records Officer; in person at 

NMFS Alaska Region, 709 West 9th 

Street, Room 420A, Juneau, AK; and by 

email to OIRA_Submission@

omb.eop.gov or faxed to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hartman, 907–586–7228 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fisheries in the 

exclusive economic zone of the GOA 

and Bering Sea and Aleutian Islands 

Management Area under the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska and the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (collectively, the 

FMPs). The Council prepared these 

FMPs under the authority of the 

Magnuson-Stevens Act, 16 U.S.C. 1801 

et seq. Regulations implementing the 

FMPs appear at 50 CFR part 679. 

General regulations governing U.S. 

fisheries also appear at 50 CFR part 600. 

This final rule implements the Gulf of 

Alaska Trawl Economic Data Report 

Program to collect baseline economic 

data on the GOA trawl groundfish 

fishery. The data will help the Council 

and NMFS to evaluate the effect of a 

prospective GOA trawl catch share 

management program on harvesters, 

processors, and communities. The 

program will collect data annually from 

January 1, 2015, onward and require 

that participants submit the data in an 

economic data report (EDR). The 

program will minimize the economic 

data reporting burden by only collecting 

reliable, relevant data that NMFS cannot 

obtain from existing data collections. 

The Council is considering new 

management measures so participants in 

the GOA trawl fisheries can efficiently 

reduce prohibited species catch (PSC). 

One of the management measures the 

Council is considering for the GOA 

groundfish trawl fishery is a catch share 

program. A catch share program 

allocates exclusive harvest privileges for 

certain groundfish or shellfish species to 

specific fishery participants. An 

exclusive harvest privilege allows 

fishery participants to tailor their 

fishing operations, such as choosing 

when to fish, with their available 

groundfish or other species allocation. 

This contrasts with open access 

programs, where participants engage in 

a ‘‘race for fish’’ with other fishery 

participants seeking to maximize their 

harvest before the total allowable catch 

is reached. 

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71314 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

Given the potential for a catch share 

program in the GOA, the scope of this 

action includes participants in trawl 

fisheries in the West Yakutat District, 

Central GOA regulatory area, and the 

Western GOA regulatory area, or 

processors that receive groundfish from 

those trawl fishery participants. As 

described in the proposed rule (79 FR 

46758, August 11, 2014), the collection 

of baseline economic data in these 

regulatory areas will help the Council 

and NMFS understand the potential 

economic and employment impacts of a 

prospective GOA trawl catch share 

management program on persons 

participating in specific job categories of 

fishing, processing, or administration of 

fishing operations. The data from this 

program could help guide future 

decisions about the management of a 

GOA trawl catch share program. 

Actions Implemented by the Final Rule 

The GOA Trawl EDR Program 

establishes economic data submission 

requirements. The GOA Trawl EDR 

Program includes one existing, but 

revised data submission form, and two 

new data submission forms. The revised 

data form, the Annual Trawl Catcher/

Processor EDR (Trawl C/P EDR), 

replaces the EDR currently required 

under the Amendment 80 Program. 

Owners and leaseholders of a vessel that 

was named on a Limited License 

Program (LLP) groundfish license that 

authorizes a Catcher/processors (C/Ps) 

using trawl gear to harvest and process 

LLP groundfish in the GOA must submit 

the Trawl C/P EDR form. The two new 

data submission forms implemented by 

this rule are the Annual Trawl Catcher 

Vessel EDR (Trawl CV EDR) form and 

the Annual Shoreside Processor EDR 

(Processor EDR) form. Owners and 

leaseholders of any vessel named on an 

LLP groundfish license that authorizes a 

catcher vessel using trawl gear to 

harvest LLP groundfish species in the 

GOA must submit the new Trawl CV 

EDR form. Owners and leaseholders of 

a shoreside or stationary floating 

processor with a Federal Processor 

Permit that processes groundfish caught 

by vessels with trawl gear in the GOA 

must submit the new Processor EDR 

form. These three operational groups 

and three types of EDRs are described in 

greater detail in the following sections 

of this preamble, and in the RIR/IRFA 

at Section 3.7 and 3.9. 

NMFS is publishing this final rule 

implementing the GOA Trawl EDR 

Program to collect data to assess the 

future economic effects of any potential 

GOA trawl catch share program. The 

two new EDRs (Trawl CV EDR and 

Processor EDR), and the revised Trawl 

C/P EDR are effective on January 1, 2015 

to ensure that sufficient data is available 

to assist NMFS and the Council in 

making such assessment. As of the 

effective date of January 1, 2015, all 

persons required to submit an EDR must 

begin retaining records used to report on 

a full calendar year of data. The first 

annual EDRs will be submitted for the 

calendar year 2015 in June of the 

following year (i.e., June 2016), and in 

June of each subsequent year. This 

implementation schedule provides the 

EDR submitters with sufficient time to 

prepare and maintain records necessary 

to complete and submit the EDR. 

Persons subject to the EDR submission 

requirement are, for example, expected 

to keep associated GOA trawl invoices 

starting January 1, 2015, that would 

then be used to calculate cost figures 

entered into the 2015 EDR. 

Finally, this final rule modifies 

Amendment 80 program regulations at 

§ 679.94(a) to rename the ‘‘Amendment 

80 Economic Data Report’’ as the 

‘‘Annual Trawl Catcher/Processor 

Economic Data Report’’ because the 

Trawl C/P EDR must now be submitted 

by all GOA trawl vessel owners and 

operators, not just the participants in 

the Amendment 80 Program. The final 

rule implements new regulations at 

§ 679.94(a)(1) and at § 679.110(a)(3) to 

require the owner or leaseholder of any 

vessel named on a Limited License 

Program (LLP) groundfish license that 

authorizes a C/P using trawl gear to 

harvest and process LLP groundfish in 

the GOA to submit a Trawl C/P EDR as 

described at § 679.94 for that calendar 

year. 

This action streamlines and removes 

unnecessary regulatory requirements in 

the regulations implementing the 

Amendment 80 EDR, codified at 

§ 679.94. Prior to this rule, the 

regulatory text described data elements 

that must be submitted in the 

Amendment 80 EDR data fields, such as 

costs for oil, fuel, freight, storage, food, 

and provisions. Rather than specify all 

the data that must be submitted in the 

EDR, this rule amends § 679.94 to state 

that persons required to submit a Trawl 

C/P EDR are to do so by filling out a 

Trawl C/P EDR form. The text removed 

by this rule is unnecessary because it 

duplicates instructions on each EDR 

form that describe each data field and 

what figures should be entered. 

Removing the regulatory text specifying 

data that must be submitted does not 

eliminate the data submission 

requirement because the regulations 

retain the EDR submission requirement. 

This streamlined approach for 

specifying data fields in the data form 

and not in regulation is also applied to 

the Trawl CV and Processor EDRs. This 

approach gives NMFS the flexibility to 

modify EDR data fields without a 

corresponding regulatory amendment. 

Furthermore, this approach will prevent 

confusion if, as has occurred in the past, 

the data submission text in the 

regulations and EDR forms differ. 

Overall, this approach will provide 

submitters with a clearer understanding 

of what data must be submitted. This 

approach allows NMFS to consult with 

EDR submitters and the Council, and 

based on the consultations, amend, add, 

or remove specific data requests as 

needed. This approach ensures the 

EDRs provide the data necessary to 

assess the economic performance of 

trawl C/Ps in both the Amendment 80 

fishery and the GOA fishery on a timely 

basis. 

Responses to Comments 

A proposed rule to implement the 

GOA Trawl EDR Program was published 

on August 11, 2014 (79 FR 46758), and 

the comment period ended September 

10, 2014. NMFS received two comment 

letters on the proposed rule from fishing 

industry representatives associated with 

GOA trawl fisheries, and one comment 

letter from a member of the general 

public. In addition to the public 

comment on the proposed rule, NMFS 

received comments from the Small 

Business Administration (SBA) on the 

IRFA. The comments from SBA are 

addressed in the FRFA prepared for this 

action (See ADDRESSES) and the 

Classification section of this final rule. 

The comment from a member of the 

general public opposed the proposed 

action but the reasons provided for 

opposition were not directly related to 

the proposed action. The comment 

letters from both fishing industry 

representatives supported the action 

and contained four specific comments 

about the GOA Trawl EDR Program. 

Following is a summary of and response 

to these four comments. 

Comment 1: Two comments 

addressed the process that will be used 

in the future to revise the GOA Trawl 

EDR forms and instructions. Both 

comments expressed support for the 

process described in the RIR/IRFA and 

the proposed rule to vet any future 

revisions of the EDR forms through the 

Council. One comment specifically 

noted that the current GOA Trawl EDR 

forms are likely to be redrafted once a 

new trawl catch share program is 

implemented in the GOA. When this 

occurs, the commenter anticipates that 

the GOA Trawl EDR would be modified 

to capture the objectives as well as to 

gather information about the new trawl 

catch share program’s economic 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71315 

impacts. The commenter further noted 

that the proposed rule preamble states 

that specific data fields on the EDR 

forms will not be described in 

regulation and requested clarification of 

the process through which future 

revisions will be made to the EDR forms 

and instructions. 

Response: NMFS agrees and below, 

clarifies the process through which 

future revisions will be made to GOA 

Trawl EDR forms and instructions. The 

GOA Trawl EDR forms and instructions 

that are submitted to OMB for approval 

are available on the NMFS Alaska 

Region Web site at: http://

www.alaskafisheries.noaa.gov/

sustainablefisheries/trawl/edr.htm. Any 

proposed or recommended revisions to 

GOA Trawl EDR forms or instructions 

will be forwarded to the Council by 

NMFS Alaska Region staff for review. 

NMFS will not make any changes to the 

GOA Trawl EDR forms or instructions, 

or start the PRA compliance process, 

without first consulting the Council. At 

the conclusion of Council review, 

NMFS Alaska Region staff will prepare 

and submit GOA trawl EDR form 

changes to OMB for approval and PRA 

compliance. 

If NMFS identifies any necessary 

revisions to the GOA Trawl EDR forms 

or instructions, the NMFS Alaska 

Region will forward the recommended 

revisions to the Council’s Executive 

Director. The Council’s Executive 

Director will determine whether the 

proposed revisions (1) are minor, for 

example, and do not warrant Council 

review, or (2) should be reviewed by the 

Council, including the Scientific and 

Statistical Committee and Advisory 

Panel, during a Council meeting. This 

procedure allows the Council and 

public to review any future proposed 

revisions to these three GOA Trawl EDR 

forms, prior to their implementation. 

Comment 2: The commenter states 

that portions of the Processor EDR that 

request labor data are not clear and the 

instructions should clarify the data 

requested. According to the preamble, 

on page 46763 of the proposed rule, 

‘‘these employment data elements 

would be aggregated in the EDR for all 

fisheries, GOA management areas, and 

gear types.’’ NMFS determined that 

employment data from processors 

should not be broken out by fishery 

because employees may process fish 

from more than one fishery in a week 

or month, or participate in more than 

one type of processing job. The 

reporting burden for processors to report 

labor data that is separated by fishery 

would be burdensome, and potentially 

delay implementation of this program. 

Because the preamble states that ‘‘the 

Processor EDR form would collect 

monthly data on the average number of 

groundfish processing employment 

positions and the associated labor hours 

and wage payments’’ and that is what is 

being asked for in Table 1 of the form, 

the commenter assumes that these are 

references to groundfish processing only 

and not non-groundfish processing (e.g., 

salmon, crab). However, the commenter 

states, nowhere on the EDR forms are 

these clarifications articulated. 

Response: NMFS agrees that the 

instructions for the Processor EDR 

should be revised to clarify that 

respondents are required to report totals 

for all groundfish processing labor, 

aggregating over all groundfish species, 

fisheries, and locations of catch, and 

excluding salmon, shellfish, or other 

non-groundfish processing. Following 

the process described in the response to 

Comment 1, NMFS will submit this 

revision to the Processor EDR 

instructions to the Council’s Executive 

Director prior to EDR form submission 

to OMB for PRA compliance and 

finalization. 

Comment 3: The commenter cites to 

page 46762 of the proposed rule, which 

states: ‘‘based on 2012 data, there are 

currently 84 LLP licenses endorsed as 

trawl catcher vessels in the GOA.’’ 

Although 84 trawl CVs may have been 

active in the GOA in 2012, the 

commenter noted that other documents 

prepared by Council staff stated that ‘‘in 

2013, 115 CV LLPs were issued with a 

trawl endorsement in at least one area 

in the GOA.’’ 

Response: The commenter is correct 

that more than 84 LLP licenses endorsed 

as trawl catcher vessels in the GOA 

were issued in 2012. The purpose of the 

quoted statement in the proposed rule 

was to provide an estimate of the 

number of people who would be 

required to submit Trawl CV EDRs. This 

information was taken from Table 3–1 

in the RIR/IRFA (see ADDRESSES), which 

provided information about both the 

number of trawl catcher vessels used to 

harvest groundfish in the GOA, and the 

total number of LLPs endorsed as trawl 

catcher vessels in the GOA, from 2010 

through 2012. 

The instructions for the Trawl CV 

EDR currently state that ‘‘[E]ach owner 

or leaseholder of a vessel named on a 

Limited License Program (LLP) 

groundfish license with catcher vessel 

and trawl gear designations and 

endorsed for the Gulf of Alaska (GOA) 

during a calendar year must submit an 

Annual Trawl Catcher Vessel EDR for 

that vessel.’’ The instructions further 

state that owners or leaseholders of 

vessels that were used to harvest 

groundfish in the GOA in a particular 

year are required to submit the entire 

Trawl CV EDR for that year and owners 

or leaseholders of vessels that were not 

used to harvest groundfish in the GOA 

in a particular year are required to 

submit only the certification pages of 

the Trawl CV EDR for that year. 

In 2014, the total number of LLP 

licenses endorsed as trawl catcher 

vessels in the GOA was 124. One 

hundred and nine unique catcher 

vessels were named on those 124 LLP 

licenses. Two LLP licenses were not 

assigned to a particular vessel. 

Therefore, 13 of the 109 vessels had 

more than one LLP license issued in its 

name. Based on this information, NMFS 

estimates that approximately 109 vessel 

owners or leaseholders would be 

required to submit some portion of the 

Trawl CV EDR. From 2008 through 2013 

about 70 catcher vessels with LLPs 

endorsed for trawl gear in the GOA 

landed groundfish caught with trawl 

gear in the GOA. These 70 vessel 

owners or lease holders would be 

required to submit the full EDR. The 

owners of remaining 39 vessels named 

on an LLP endorsed for trawl gear in the 

GOA that do not make landings in a 

particular year would be required to 

submit just the certification pages for 

the Trawl CV EDR. Section 3.7.1 and 

Tables 3–1 and 3–2 in the RIR have been 

updated to include this information. 

Comment 4: The commenter notes 

that in April 2014, the Council and 

NMFS agreed that for the Trawl C/P 

EDR, the number of days of fishing and 

processing activity in a year, as 

collected in Table 2.5 of the form, will 

differentiate between activity in the 

Amendment 80 fisheries, Central and 

Western GOA groundfish trawl 

fisheries, and in all other fisheries. 

However, the RIR/IRFA does not have a 

description of this specific decision 

point made by the Council. 

Response: NMFS agrees that the RIR 

does not include a description of the 

activity data reported in Table 2.5 of the 

Trawl C/P EDR. During the development 

of the draft EDR form for the Western 

and Central GOA trawl fisheries, the 

Council stated that the data collection 

program’s purpose was to assist with the 

Council’s development of the Western 

and Central GOA limited access 

management measure. To apply data 

collected from trawl C/P operations in 

the Western and Central GOA, a portion 

of Table 2.5 in the Trawl C/P EDR was 

created to break out activities that occur 

in different geographic areas of Alaska. 

Catch and processing data for trawl C/ 

Ps in the Amendment 80 Program 

confirm that Amendment 80 Program 

vessel activity occurs in either the 

Amendment 80 Program fisheries of the 

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71316 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

Bering Sea and Aleutian Islands, or in 

the Western or Central GOA. Therefore, 

Table 2.5, the vessel activity table, in 

the Trawl C/P EDR was determined to 

be the best approach to allocate certain 

data collected in the Trawl C/P EDR by 

activities in the Western and Central 

GOA. While the RIR/IRFA explains that 

the GOA Trawl EDR Program will be 

applicable to future Western and Central 

GOA trawl management measures, it 

does not detail the decision points 

outlined here that led to the design of 

Table 2.5 in the Trawl C/P EDR. The 

RIR/IRFA has been updated to include 

a description of the Council’s and 

NMFS’ reason for including the revision 

to Table 2.5. 

Changes From the Proposed Rule to the 

Final Rule 

This rule revises § 679.94(a)(4)(i), 

(a)(4)(ii), (b), (b)(2), and (b)(3); 

§ 679.110(a)(1), (a)(3), (d), (d)(1), (d)(2), 

(e)(1), (e)(2), and (e)(3) to make editorial 

changes to clarify the regulations, but do 

not change the effect of the regulations. 

Amendments to 15 CFR 902.1(b) 

Section 3507(c)(B)(i) of the PRA 

requires that agencies inventory and 

display a current control number 

assigned by the Director, Office of 

Management and Budget (OMB), for 

each agency information collection. In 

the regulations at 15 CFR 902.1(b), 

NMFS identifies the control numbers 

that have been approved and issued by 

OMB. Because this final rule revises and 

adds data elements within a collectionof-information for recordkeeping and 

reporting requirements, this rule revises 

15 CFR 902.1(b) to reference correctly 

the sections that are from this final rule. 

Classification 

The Administrator, Alaska Region, 

NMFS determined that this final rule is 

necessary for the conservation and 

management of the groundfish fisheries 

off Alaska and that it is consistent with 

the Magnuson-Stevens Act and other 

applicable law. 

Final Regulatory Flexibility Analysis 

(FRFA) 

Pursuant to section 604 of the 

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

et seq., a FRFA was prepared for this 

action. The FRFA incorporates the 

IRFA, and includes a summary of the 

significant issues raised by public 

comments in response to the IRFA, 

NMFS’ responses to those comments, 

and a summary of the analyses 

completed to support the action. 

A copy of the FRFA prepared for this 

final rule is available from NMFS (see 

ADDRESSES). A description of this 

action, its purpose, and its legal basis 

are included at the beginning of the 

preamble to this final rule and are not 

repeated here. The FRFA is summarized 

here. 

Comments on the IRFA 

NMFS published the proposed rule 

for this action on August 11, 2014 (79 

FR 46758). An IRFA was prepared and 

summarized in the Classification section 

of the preamble to the proposed rule. 

The comment period closed on 

September 10, 2014. NMFS received 

three public comment letters. These 

comments did not address the IRFA or 

the economic impacts of the rule 

generally. 

The Chief Counsel for Advocacy of 

the SBA commented on the IRFA to the 

Department of Commerce. These 

comments included a request that the 

IRFA be amended to address the 

following points: 1) Provide a crossreference to the RIR (Section 2) in the 

IRFA (or FRFA) to identify the 

significant alternatives discussed in the 

RIR; 2) improve the description of small 

entities directly regulated by the action, 

by representing them in a table, and 

provide North American Industry 

Classification System (NAICS) codes for 

any category of regulated entities 

discussed; and 3) expand the discussion 

on the cost or burden to regulated 

entities, and apply any previous 

experience from other NMFS EDRs to 

use as a basis for reasonable 

assumptions about costs. Rather than 

revising the IRFA, which is a completed 

document accompanying the proposed 

rule, NMFS is responding to SBA’s 

comments in the FRFA and below. 

1. NMFS has provided a cross 

reference in the FRFA to additional 

information on significant alternatives 

for this action found in Section 2 of the 

RIR/IRFA, and added a description to 

the FRFA of the eight alternatives and 

decision points that were considered in 

this final rule. 

2. A table has been added to the FRFA 

to specify the number of regulated 

entities and number of small entities 

that correspond with the NAICS codes 

and the criteria for determining which 

entities are small. The NAICS codes that 

apply to this action are for seafood 

processing (NAICS 311710) and finfish 

fishing (NACIS 114111). 

3. The cost and burden estimates for 

this action are added to the FRFA, and 

have been informed by experience with 

the three EDRs currently implemented 

in Alaska groundfish and crab fisheries. 

Number and Description of Small 

Entities Regulated by the Action 

The entities directly regulated by this 

action are 1) those entities that fish 

groundfish in the Federal waters and 

parallel fisheries of the GOA with trawl 

gear, including groundfish catcher 

vessels and C/Ps (NAICS 114111); 2) 

shoreside processors or SFPs that take 

deliveries of groundfish from vessels 

using trawl gear in the GOA (NAICS 

311710); 3) organizations, including 

cooperatives of finfish fishing vessels 

with sideboard limits for halibut in the 

GOA (NAICS 114111); and (4) 

Community Development Quota (CDQ) 

groups, which are non-profit 

organizations (no NAICS code). 

The SBA has defined a business 

primarily involved in finfish harvesting 

as a small entity if it is independently 

owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and has combined annual 

gross receipts not in excess of $20.5 

million, for all its affiliated operations 

worldwide. Using this size standard, 

NMFS identified 52 directly regulated 

small trawl catcher vessels, 2 directly 

regulated small C/Ps, 53 directly 

regulated small shoreside or SFPs, and 

2 directly regulated small CDQ groups. 

NMFS did not identify any directly 

regulated small cooperatives. 

Recordkeeping and Reporting 

Requirements 

This action modifies recordkeeping 

and reporting requirements for directly 

regulated entities. The costs and 

burdens of these requirements are 

summarized in the discussion of the 

PRA included in this final rule, and are 

not repeated here. 

Impacts on Small Entities 

The alternatives considered by the 

Council were developed with the goal to 

minimize economic impacts of a data 

collection program that collects baseline 

data on GOA trawl fisheries. That goal 

has resulted in a limited data collection 

program that focuses on areas that are of 

greatest need, as the Council considers 

further development of a trawl catch 

share program in the GOA. The 

preferred alternative chosen by the 

Council and implemented by this final 

rule has several elements, including the 

Trawl C/P EDR, the Trawl CV EDR, and 

the Processor EDR. The preferred 

alternative (the action alternative to 

implement the GOA Trawl EDR 

Program) places somewhat larger 

reporting obligations on directly 

regulated small entities than the 

alternative of retaining the status quo. 

There are no alternatives that have a 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71317 

smaller adverse economic impact on 

directly regulated small entities that still 

achieve the objectives of the GOA Trawl 

EDR Program. 

NMFS evaluated a number of 

alternatives to the preferred alternative, 

including 1) no action; 2) a variety of 

additional data fields for detecting 

reasons for decisions to use or not use 

various PSC avoidance devices or other 

behaviors to avoid PSC; 3) applying 

aggregation procedures to the data to 

limit analysts from having access to 

individual vessel or processor level 

observations; 4) collection of landings 

and production data; 5) creation of blind 

data for all vessels submitting the Trawl 

C/P EDR; 6) extending CV logbooks to 

vessels less than 60 feet length overall; 

7) reporting employee activities of 

vessel owner, operator, or crew for 

readying a vessel before and after a 

fishing trip; and 8) itemizing each data 

reporting field in the GOA Trawl EDR 

Program in regulation. 

The no action alternative (Alternative 

1) would not achieve the objectives of 

this action because much of the 

economic data on the GOA trawl 

fisheries and processing operations that 

are required to evaluate the economic 

effects of a future GOA trawl catch share 

management program are not currently 

collected. Each of the remaining 

alternatives considered but not 

proposed, placed additional burden on 

reporting entities, and were not 

anticipated to improve the quality and 

accuracy of data that were necessary for 

understanding the current economic 

conditions in the GOA trawl fisheries, 

or provide substantially improved data 

to understand the potential impact of a 

GOA trawl catch share program. None of 

these alternatives met both the 

objectives of the action and had a 

smaller impact on small entities, 

compared with the preferred alternative. 

Thus, no other significant alternatives 

to the preferred alternative have been 

identified that meet the Council’s goals 

and objectives of collecting these data 

without imposing substantially greater 

economic burdens on industry. 

The cost and burden estimates in this 

FRFA have been informed by 

experience with the three EDRs 

currently implemented in Alaska 

groundfish and crab fisheries. For 

example, as described in the RIR for this 

action, many of the variables that were 

removed from the original annual EDRs 

currently required of participants in the 

Crab Rationalization Program fisheries 

were considered but not included in the 

two new GOA Trawl EDRs. In addition, 

many of the data fields that were not 

selected in the GOA Trawl EDRs are 

located in other Federal or State of 

Alaska data collection programs. 

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. The preamble to the 

proposed rule, instructions in the EDR 

data forms and this final rule serve as 

the small entity compliance guide 

required. This action does not require 

any additional compliance from small 

entities that is not described in the 

preamble to the proposed rule, this final 

rule or EDR data forms. Copies of the 

proposed rule and final rule are 

available from the NMFS Alaska Region 

Web site at http://

alaskafisheries.noaa.gov. 

Collection-of-Information Requirements 

This rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA), which 

have been approved by the Office of 

Management and Budget (OMB). The 

requirements are listed below by OMB 

control number. 

OMB Control No. 0648–0564 

Public reporting burden is estimated 

to average 22 hours per response for 

Trawl Catcher/processor Economic Data 

Report (EDR). 

OMB Control No. 0648–0700 

Public reporting burden is estimated 

to average 15 hours per response for 

Trawl Catcher Vessel EDR; and three 

hours per response for the Trawl 

Shoreside Processor EDR. 

Estimated responses include the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

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 PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

All currently approved NOAA 

collections of information may be 

viewed at http://www.cio.noaa.gov/

services_programs/prasubs.html. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 679 

Alaska fisheries, Reporting and 

recordkeeping requirements. 

Dated: November 20, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 15 CFR part 

902 and 50 CFR part 679 as follows: 

TITLE 15—COMMERCE AND 

FOREIGN TRADE 

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, in the table in paragraph 

(b), under the entry ‘‘50 CFR’’, add 

entries in alphanumeric order for 

‘‘679.110(a) through (f)’’ to read as 

follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section where 

the information collection 

requirement is located 

Current OMB 

control number 

(all numbers 

begin with 

0648–) 

* * * * * 

50 CFR: 

* * * * * 

679.110(a) through (f) ...... –0206, –0334, 

–0564, –0700 

* * * * * 

TITLE 50—WILDLIFE AND FISHERIES 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 3. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L/108–447; Pub. L. 

111–281. 

■ 4. In § 679.2, add, in alphabetical 

order, definitions for ‘‘Blind data’’ and 

‘‘Data collection agent,’’ and revise the 

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71318 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

definitions for ‘‘Designated data 

collection auditor’’ and ‘‘Economic data 

report’’ to read as follows: 

§ 679.2 Definitions. 

* * * * * 

Blind data means any data collected 

from an economic data report by the 

data collection agent that are 

subsequently amended by removing 

personal identifiers, including, but not 

limited to social security numbers, crew 

permit numbers, names and addresses, 

Federal fisheries permit numbers, 

Federal processor permit numbers, 

Federal tax identification numbers, and 

State of Alaska vessel registration and 

permit numbers, and by adding in their 

place a nonspecific identifier. 

* * * * * 

Data collection agent (DCA) means 

the entity selected by the Regional 

Administrator to distribute an EDR to a 

person required to complete it, to 

receive the completed EDR, to review 

and verify the accuracy of the data in 

the EDR, and to provide those data to 

authorized recipients. 

* * * * * 

Designated data collection auditor 

(DDCA) means an examiner employed 

by, or under contract to, the data 

collection agent (DCA) to verify data 

submitted in an economic data report or 

the NMFS-designated contractor to 

perform the functions of a data 

collection auditor. 

* * * * * 

Economic data report (EDR) means 

the report of cost, labor, earnings, and 

revenue data required under § 679.65, 

§ 679.94, and § 679.110. 

* * * * * 

■ 5. Revise § 679.94 to read as follows: 

§ 679.94 Economic data report (EDR) for 

the Amendment 80 sector and Gulf of 

Alaska Trawl Catcher/Processors. 

(a) Annual Trawl Catcher/Processor 

Economic Data Report (EDR)—(1) 

Requirement to submit an EDR. A 

person who held an Amendment 80 QS 

permit during a calendar year, or an 

owner or leaseholder of a vessel that 

was named on a Limited License 

Program (LLP) groundfish license that 

authorizes a Catcher/Processor using 

trawl gear to harvest and process LLP 

groundfish species in the GOA must 

submit a complete Annual Trawl 

Catcher/Processor EDR for that calendar 

year by following the instructions on the 

Annual Trawl Catcher/Processor EDR 

form. 

(2) Deadline. A completed EDR or 

EDR certification pages must be 

submitted as required on the form to 

NMFS for each calendar year on or 

before 1700 hours, A.l.t., June 1 of the 

following year. 

(3) Information required. The Annual 

Trawl Catcher/Processor EDR form is 

available on the NMFS Alaska Region 

Web site at 

www.alaskafisheries.noaa.gov, or by 

contacting NMFS at 1–800–304–4846. 

(4) EDR certification pages. Any 

person required to submit an EDR under 

paragraph (a)(1) of this section, or their 

designated representative, if applicable, 

must submit the EDR certification 

statement as either: 

(i) Part of the entire EDR. A person 

submitting the completed EDR must 

attest to the accuracy and completion of 

the EDR by signing and dating the 

certification portion of the EDR form; or 

(ii) EDR certification only. A person 

submitting a completed EDR 

certification only must attest that they 

meet the conditions exempting them 

from submitting the entire EDR as 

described in the certification portion of 

the Annual Trawl Catcher/Processor 

EDR form and sign and date the 

certification portion of the EDR form. 

(b) Verification of EDR data. (1) 

NMFS, the DCA, or the DDCA will 

conduct verification of information with 

a person required to submit the Annual 

Trawl Catcher/Processor EDR, or if 

applicable, that person’s designated 

representative. 

(2) A person required to submit the 

Annual Trawl Catcher/Processor EDR or 

designated representative, if applicable, 

must respond to inquiries by NMFS, the 

designated DCA, or the DDCA within 20 

days of the date of issuance of the 

inquiry. 

(3) A person required to submit the 

Annual Trawl Catcher/Processor EDR or 

designated representative, if applicable, 

must provide copies of additional data 

to facilitate data verification. NMFS, the 

DCA, or the DDCA may review and 

request copies of additional data 

provided by the person required to 

submit the Annual Trawl Catcher/

Processor EDR form or designated 

representative, if applicable, including 

but not limited to, previously audited or 

reviewed financial statements, 

worksheets, tax returns, invoices, 

receipts, and other original documents 

substantiating the data submitted in an 

Annual Trawl Catcher/Processor EDR 

form. 

■ 6. Add subpart J, consisting of 

§ 679.110, to read as follows: 

Subpart J—Gulf of Alaska Trawl 

Economic Data 

§ 679.110 Gulf of Alaska Trawl Economic 

Data Reports (EDRs). 

(a) Requirements to submit an EDR— 

(1) GOA Trawl Catcher Vessels. The 

owner or leaseholder of any vessel who 

is named on a Limited License Program 

(LLP) groundfish license that authorizes 

a catcher vessel using trawl gear to 

harvest LLP groundfish species in the 

GOA must submit a complete Annual 

Trawl Catcher Vessel Economic Data 

Report (EDR) for that calendar year by 

following the instructions on the 

Annual Trawl Catcher Vessel EDR form. 

(2) GOA Shoreside Processors and 

Stationary Floating Processors. The 

owner or leaseholder of a shoreside 

processor or stationary floating 

processor with a Federal Processor 

Permit (FPP) that processes groundfish 

caught by vessels fishing with trawl gear 

in the GOA must submit a complete 

Annual Shoreside Processor Economic 

Data Report (EDR) for that calendar year 

by following the instructions on the 

Annual Shoreside Processor EDR form. 

(3) Annual Trawl Catcher/Processor 

Economic Data Report (EDR). The 

owner or leaseholder of a vessel that is 

named on a Limited License Program 

(LLP) groundfish license that authorizes 

a Catcher/Processor using trawl gear to 

harvest and process LLP groundfish in 

the GOA must submit an Annual Trawl 

Catcher/Processor EDR as described at 

§ 679.94 for that calendar year. 

(b) Deadline. A completed EDR or 

EDR certification page for: 

(1) The Annual Trawl Catcher Vessel 

EDR or the Annual Shoreside Processor 

EDR must be submitted to the DCA for 

each calendar year on or before 1700 

hours, A.l.t., June 1 of the following 

year, or 

(2) The Annual Trawl Catcher/

Processor EDR must be submitted to 

NMFS as required at § 679.94(a)(2). 

(c) Information required. The Annual 

Trawl Catcher Vessel EDR, Annual 

Shoreside Processor EDR, and Annual 

Trawl Catcher/Processor EDR forms are 

available on the NMFS Alaska Region 

Web site at 

www.alaskafisheries.noaa.gov, or by 

contacting NMFS at 1–800–304–4846. 

(d) EDR certification. A person 

required to submit an EDR under 

paragraph (a) of this section, or the 

designated representative, if applicable, 

must submit the EDR certification 

statement as either: 

(1) Part of the entire EDR. A person 

submitting the applicable EDR form 

must attest to the accuracy and 

completion of the EDR by signing and 

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Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71319 

1On November 20, 2014, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.7% 

over the last 12 months. 

dating the certification portion of the 

applicable EDR form; or 

(2) EDR certification only. A person 

submitting a completed EDR 

certification only must attest that they 

meet the conditions exempting them 

from submitting the entire EDR as 

described in the certification portion of 

the applicable EDR form and sign and 

date the certification portion of the 

form. 

(e) Verification of EDR data. (1) 

NMFS, the DCA, or the DDCA will 

conduct verification of information with 

a person required to submit the 

applicable EDR, or if applicable, that 

person’s designated representative. 

(2) The person required to submit the 

applicable EDR or designated 

representative, if applicable, must 

respond to inquiries by NMFS, the 

designated DCA, or the DDCA within 20 

days of the date of issuance of the 

inquiry. 

(3) The person required to submit the 

applicable EDR or designated 

representative, if applicable, must 

provide copies of additional data to 

facilitate data verification. NMFS, the 

DCA, or the DDCA may review and 

request copies of additional data 

provided by the person required to 

submit the applicable EDR form or 

designated representative, if applicable, 

including but not limited to, previously 

audited or reviewed financial 

statements, worksheets, tax returns, 

invoices, receipts, and other original 

documents substantiating the data 

submitted in an EDR form. 

(f) DCA authorization. Except for EDR 

data submitted as required under 

§ 679.94(a), the DCA is authorized to 

release unaggregated EDR data to 

authorized data users in blind data 

format only. 

[FR Doc. 2014–28093 Filed 12–1–14; 8:45 am] 

BILLING CODE 3510–22–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 14—CRB–0009–NCEB (2015 

COLA)] 

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 2% in the royalty rates that 

colleges, universities, and other 

educational institutions not affiliated 

with National Public Radio pay for the 

use of published nondramatic musical 

compositions in the SESAC repertory 

for the statutory license under the 

Copyright Act for noncommercial 

broadcasting. 

DATES: Effective: January 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

by telephone at (202) 707–7658 or by 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for the use of published 

nondramatic musical works and 

published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. 

On November 29, 2012, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under section 118 of the Copyright Act 

for the license period 2013–2017. See 77 

FR 71104. Pursuant to these regulations, 

on or before December 1 of each year, 

the Judges shall publish in the Federal 

Register a notice of the change in the 

cost of living for the rate codified at 

§ 381.5(c)(3) relating to compositions in 

the repertory of SESAC. The adjustment, 

fixed to the nearest dollar, shall be the 

greater of (1) ‘‘the change in the cost of 

living as determined by the Consumer 

Price Index (all consumers, all items) 

[CPI–U] . . . during the period from the 

most recent index published prior to the 

previous notice to the most recent index 

published prior to December 1, of that 

year,’’ 37 CFR 381.10(a), or (2) 2%. 37 

CFR 381.10(b), (c). 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2013, to 

the most recent index published before 

December 1, 2014, is 1.7%.1 In 

accordance with 37 CFR 381.10(b), the 

Judges announce that the cost of living 

adjustment for calendar year 2015 shall 

be 2%. Application of the 2% COLA to 

the current rate for the performance of 

published nondramatic musical 

compositions in the repertory of 

SESAC— $143 per station—results in an 

adjusted rate of $146 per station. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 381 of title 37 of the 

Code of Federal Regulations as follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 17 U.S.C. 118, 801(b)(1), and 

803. 

■ 2. Section 381.5 is amended by 

revising paragraph (c)(3)(iii) to read as 

follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) 2015: $146 per station. 

* * * * * 

Dated: November 28, 2014. 

Jesse Feder, 

Copyright Royalty Judge. 

[FR Doc. 2014–28457 Filed 11–28–14; 4:15 pm] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 12 

Technical Amendment for Information 

Collection Regarding Designee for 

Patient Personal Property 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule will add the 

Office of Management and Budget 

approval number for the new collection 

of information in the Department of 

Veterans Affairs (VA) regulation that 

governs a competent veteran’s 

designation of a person to receive the 

veteran’s funds and personal effects in 

the event that such veteran was to die 

while in a VA field facility. 

DATES: This final rule is effective 

December 15, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kristin J. Cunningham, Director, 

Business Policy, Chief Business Office 

(10NB6), Veterans Health 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 382–2508. 

This is not a toll free number. 

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