12438 Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / Rules and Regulations

parties with proper notice, the rule

changes adopted in the Order shall

become effective March 2, 1001. The

information collection were approved

by OMB on January 29, 2001. See OMB

No. 3060–0970.

List of Subjects in 47 CFR Part 90

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4725 Filed 2–26–01; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000105004-0260-02; I.D.

063099A]

RIN 0648-AI78

Magnuson-Stevens Fishery

Conservation and Management Act

Provisions; Fisheries of the

Northeastern United States; Atlantic

Herring Fishery; Atlantic Herring

Fishery Management Plan; Partial

Delay

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; partial delay.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily delays for 60 days the

effective date of certain portions of the

final rule implementing the Atlantic

Herring Fishery Management Plan

published in the Federal Register on

December 11, 2000.

DATES: In the final rule, published at 65

FR 77450, December 11, 2000, the

effective date of 50 CFR 648.14(bb)(15)

and (16) and 648.205(a) is delayed from

March 12, 2001, until May 11, 2001.

FOR FURTHER INFORMATION CONTACT: E.

Martin Jaffe, Fishery Policy Analyst,

978–281–9272.

SUPPLEMENTARY INFORMATION: The final

rule published on December 11, 2000

(65 FR 77450), implemented approved

measures contained in the FMP, which

was partially approved by NMFS on

behalf of the Secretary of Commerce on

October 27, 1999. The requirement to

install and use a VMS unit on vessels in

the directed herring fishery that caught

greater than 500 mt in the previous year,

or vessels whose owner intends to

harvest greater than 500 mt in the

current year would have become

effective March 12, 2001. Prohibitions

related to this requirement were also

scheduled to become effective on March

12. However, consistent with the

guidance contained in the ‘‘Regulatory

Review Plan,’’ NMFS is delaying the

effectiveness of the VMS requirement

until May 11. 2001. All other measures

implemented in the final rule

implementing the Atlantic Herring FMP

published December 11, 2000, remain in

effect.

Classification

This action is authorized by 50 CFR

part 648 and is exempt from review

under Executive Order 12866.

To the extent that 5 U.S.C. 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C.

553(b)(A). Alternatively, NMFS’

implementation of this rule without

opportunity for public comment is

based on the good cause exceptions in

5 U.S.C. 553(b)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

stay would have been impractical, as

well as contrary to the public interest in

the orderly promulgation and

implementation of regulations. Delays

in publishing the final rule

implementing the delay of the

effectiveness while seeking public

comment would have led to confusion

in the fishing industry concerning

whether to purchase and install VMS

equipment during this interim period.

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

Dated: February 21, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–4745 Filed 2–22–01; 3:12 pm]

BILLING CODE 3510–22–S