        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 170322299-8284-01]
        RIN 0648-BG75
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to implement management measures described in the For-hire Reporting Amendment, as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council) and Gulf of Mexico (Gulf) Fishery Management Council (Gulf Council). The For-hire Reporting Amendment includes Amendment 27 to the Fishery Management Plan (FMP) for Coastal Migratory Pelagic (CMP) Resources of the Gulf and Atlantic Region (CMP FMP), Amendment 9 to the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin Wahoo FMP), and Amendment 39 to the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). If implemented, this proposed rule would establish new, and revise existing, electronic reporting requirements for federally permitted charter vessels and headboats (for-hire vessels), respectively. This proposed rule would require a charter vessel with a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species to submit an electronic fishing report weekly, or at shorter intervals if notified by NMFS, through NMFS-approved hardware and software. The proposed rule would also reduce the time allowed for headboats to submit an electronic fishing report. The purpose of this proposed rule is to increase and improve fisheries information collected from federally permitted for-hire vessels in the Atlantic. The information is expected to improve recreational fisheries management of the for-hire component in the Atlantic.

          DATES:
          Written comments on the proposed rule must be received by May 4, 2018.

          ADDRESSES:
          You may submit comments on the proposed rule, identified by “NOAA-NMFS-2017-0152,” by either of the following methods:
          • Electronic submission: Submit all electronic comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/docket?D=NOAA-NMFS-2017-0152, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit all written comments to Karla Gore, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in required fields if you wish to remain anonymous).

          Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to Adam Bailey, NMFS Southeast Regional Office (see mailing address above), by email to OIRA_Submission@omb.eop.gov, or fax to 202-395-5806.

          Electronic copies of the For-hire Reporting Amendment may be obtained from www.regulations.gov or the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_sa/generic/2017/for_hire_reporting/index.html. The For-hire Reporting Amendment includes an environmental assessment, regulatory impact review, Regulatory Flexibility Act (RFA) analysis, and fishery impact statement.

          FOR FURTHER INFORMATION CONTACT:

          Karla Gore, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: karla.gore@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        The CMP fishery in the Atlantic region is managed under the CMP FMP jointly by the Gulf Council and South Atlantic Council. The South Atlantic Council manages the dolphin and wahoo fishery under the Dolphin Wahoo FMP in the Atlantic and the snapper-grouper fishery under the Snapper-Grouper FMP in the South Atlantic. All of these FMPs are implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
        Background
        The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act states that the collection of reliable data is essential to the effective conservation, management, and scientific understanding of the nation's fishery resources.
        On July 1, 2012, NMFS implemented management measures contained in Amendment 18A to the Snapper-Grouper FMP, which established a provision that allowed the Science Research Director (SRD) at the NMFS Southeast Fisheries Science Center (SEFSC) to require for-hire vessels fishing for snapper-grouper species, when selected by the SRD, to submit fishing reports electronically on a weekly or daily basis to the SEFSC to better improve data on catch and bycatch (77 FR 32408, June 1, 2012). However, upon implementation of Amendment 18A in 2012, a data system to collect electronic reports had not been developed and no vessels were selected by the SEFSC for electronic reporting. Therefore, both prior to and after the implementation of Amendment 18A, NMFS collected fishing reports from selected for-hire vessels on paper logbook forms.

        In 2013, an electronic logbook reporting requirement for federally permitted headboats fishing for Atlantic CMP, dolphin and wahoo, and snapper-grouper species was implemented by the final rule for Amendment 22 to the CMP FMP, Amendment 6 to the Dolphin Wahoo FMP, and Amendment 31 to the Snapper-Grouper FMP (Headboat Reporting Amendment) to improve the quality and timeliness of catch data (78 FR 78779, December 27, 2013). The final rule for the Headboat Reporting Amendment required all headboats with a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species to report landings electronically on a weekly basis to the SEFSC. The final rule also implemented a provision that authorizes NMFS to require reporting more frequently than weekly if notified by the SRD, and prohibits headboats from continuing to fish if they are delinquent in submitting reports. This headboat reporting program, called the Southeast Region Headboat Survey (SRHS), is managed and operated by the SEFSC. Currently, headboats submit an electronic fishing report to NMFS via the internet by the Sunday following the end of each reporting week, which runs from Monday through Sunday. This proposed rule would shorten the time to report and would require that headboats submit electronic fishing reports to NMFS by the Tuesday following the end of a reporting week, which would make the reporting deadline for headboats consistent with the proposed reporting deadline for federally permitted charter vessels. The South Atlantic Council believes that changing the timing of reporting would achieve consistency between federally permitted headboats and the proposed charter vessel reporting requirements. In addition, the South Atlantic Council believes that the shortened window for reporting could reduce recall bias and improve the timeliness of data availability.

        Similarly, this proposed rule also would require that information from a federally permitted charter vessel be reported weekly, through the submission of electronic fishing reports on Tuesday following a reporting week. Currently, landings and discards from charter vessels in Atlantic CMP, dolphin wahoo, and South Atlantic snapper-grouper fisheries are monitored through the survey of charter vessels by the Marine Recreational Information Program (MRIP). Fishing effort is calculated based on a monthly phone sample of federally permitted charter vessels, though the phone survey is transitioning to a new mail survey. Catch rate observations and catch sampling are provided through dockside monitoring, also conducted by MRIP. This MRIP catch information from charter vessels is then available in 2-month increments known as waves, so that there are six waves during the calendar year, e.g., January through February, March through April, etc. If NMFS implements the electronic reporting requirements described in this proposed rule, the MRIP survey of charter vessels would continue until the proposed electronic reporting program described in the For-hire Reporting Amendment is certified by NMFS, and then the electronic reporting program replaces the MRIP survey of charter vessels.
        Accurate and reliable fisheries information about catch, effort, and discards is critical to stock assessment and management evaluations. In addition, catch from charter vessels represents a substantial portion of the total recreational catch for some South Atlantic Council managed fish species, such as king mackerel, black sea bass, dolphin, and wahoo. The South Atlantic Council believes that weekly electronic reporting for federally permitted charter vessels could provide more timely information than the current MRIP survey, and more accurate and reliable information for many species with low catches, low annual catch limits, or for species that are only rarely encountered by fishery participants. However, the South Atlantic Council recognizes that before the electronic reporting program described in this amendment could replace the MRIP survey program, the individual states would have to implement a similar for-hire electronic reporting requirement. The South Atlantic Council has determined that weekly electronic reporting by all federally permitted charter vessels would be expected to enhance data collection efforts for potentially better fisheries management, such as through more data-rich stock assessments.
        Management Measures Contained in This Proposed Rule
        This proposed rule would establish weekly electronic reporting for federally permitted charter vessels in the previously described Atlantic fisheries, and change the electronic reporting deadline for federally permitted headboats.
        Electronic Reporting by Federally Permitted Charter Vessels
        The South Atlantic Council has stated their need for increased data collection from federally permitted charter vessels, such as reporting fishing locations, compared with what the MRIP survey currently provides, as well as more timely data submission. The South Atlantic Council has determined that weekly reporting by federally permitted charter vessels could make data available to the science and management process more quickly and could improve data accuracy, as reports would be completed shortly after each trip. This proposed rule would require an owner or operator of a charter vessel with a Federal charter vessel/headboat permit for Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic snapper-grouper to submit an electronic fishing report to NMFS weekly, or at intervals shorter than a week if notified by the SRD, regardless if they were fishing in state or Federal waters, or what species were caught or harvested, as explained below. A weekly electronic fishing report would be required to be submitted using NMFS-approved hardware and software by the Tuesday following each reporting week.
        Through this proposed rule, a federally permitted charter vessel fishing for Atlantic CMP, or dolphin and wahoo, or South Atlantic snapper-grouper species would be required to submit an electronic fishing report using hardware and software that meets NMFS technical requirements and has been type approved by NMFS. NMFS-approved hardware could include electronic devices such as computers, tablets, and smartphones that allow for internet access and are capable of operating approved software. NMFS is currently evaluating potential software applications for the electronic for-hire reporting program and is considering the use of existing software applications already being used by partners in the region, including e-trips online and e-trips mobile, which are products developed by the Atlantic Coastal Cooperative Statistics Program. Hardware and software that meet the NMFS type approval would be posted on the NMFS Southeast Region website upon publication of any final rule to implement the for-hire electronic reporting program.
        An electronic fishing report would be required from a charter vessel regardless of where fishing occurs or which species are caught or harvested. For example, a vessel subject to these proposed requirements under a Federal charter vessel/headboat permit for Atlantic CMP, Atlantic dolphin wahoo, or South Atlantic snapper-grouper must report even if they fish in state waters, in the Gulf, or in any other area. If a charter vessel does not fish during a week, submission of a “no-fishing” report would be required by the Tuesday of the following week. The SEFSC would allow an advance submission of a no-fishing report for up to 30 days, as they currently allow for headboats.

        In an effort to reduce duplicative reporting, an owner or operator of a charter vessel with a Federal charter vessel/headboat permit, and with electronic reporting requirements in other regions, such as the Mid-Atlantic and as proposed by the Gulf Council for the Gulf, would be required to comply with the electronic reporting program that is more restrictive, regardless of where they are fishing. The NMFS Greater Atlantic Regional Fisheries Office (GARFO) has implemented an electronic reporting requirement for owners and operators of a charter vessel or a party boat (headboat) issued a Federal for-hire permit for species managed by Mid-Atlantic Fishery Management Council to submit an electronic vessel trip report using a NMFS-approved software within 48 hours of completing a for-hire fishing trip (82 FR 42610, September 11, 2017). Because NMFS GARFO requires more restrictive reporting than what is proposed in the For-hire Reporting Amendment, owners and operators of a vessel issued a Federal for-hire permit for species in both the Mid-Atlantic and South Atlantic would be required to report under the electronic reporting program managed by GARFO regardless of where fishing occurs or what species are caught.

        The Gulf Council has also recommended amendments to the CMP FMP and the FMP for Reef Fish Resources of the Gulf of Mexico to address for-hire electronic reporting. The amendments have been submitted for review and implementation by the Secretary of Commerce. The Gulf Council's recommendations of for-hire electronic reporting are more stringent than those reporting requirements contained in this proposed rule. The Gulf for-hire electronic reporting program would require trip-level reporting, a pre-trip notification to NMFS, and location information monitored by a vessel monitoring system, among other requirements. Thus, an owner or operator of a charter vessel that has been issued Federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf would be required to comply with the Gulf Council's for-hire electronic reporting program requirements, if the Gulf Council's amendments to address for-hire electronic reporting are approved and implemented. The intent of the South Atlantic Council is to prevent a vessel with multiple Federal for-hire permits from having to report to multiple programs. A headboat with Federal charter vessel/headboat permits for applicable fisheries in both the Atlantic and the Gulf would continue to be required to comply with the electronic reporting standards in effect based on where they are fishing, e.g., in the Atlantic or the Gulf. Because the Gulf Council's for-hire reporting amendments are proposing trip-level reporting prior to offloading fish from the vessel, the Gulf requirements for electronic reporting would be more restrictive and vessels with both South Atlantic and Gulf Federal charter vessel/headboat permits would be required to report to the Gulf electronic reporting program. If NMFS approves the For-hire Reporting Amendment and implements this proposed rule before approving and implementing the Gulf Council's amendments for their for-hire electronic reporting program, a vessel issued the applicable Federal charter vessel/headboat permits in the Atlantic and in the Gulf would be required to comply with the Atlantic electronic reporting program until a Gulf electronic reporting program is implemented, even if the for-hire trips only occur in the Gulf. Then, if NMFS implements the Gulf for-hire electronic reporting program, a vessel issued the applicable Federal charter vessel/headboat permits in the Atlantic and in the Gulf would be required to comply with the Gulf electronic reporting program.
        This proposed rule would also extend other provisions to federally permitted charter vessels that currently apply to headboats for reporting during catastrophic conditions and if delinquent reporting occurs. During catastrophic conditions, NMFS may accept paper reporting forms, and can modify or waive reporting requirements. A delinquent report results in a prohibition on the harvest or possession of the applicable species by the charter vessel permit holder until all required and delinquent reports have been submitted and received by NMFS according to the reporting requirements.
        Timing of Electronic Reporting by Federally Permitted Headboats
        This proposed rule also revises the reporting deadline for federally permitted headboats to submit electronic fishing reports to further improve the accuracy and timeliness of data reported through the SRHS. Headboats currently submit an electronic fishing report for each trip at weekly intervals, or at intervals shorter than a week if notified by the SRD. Electronic fishing reports are due by the Sunday following a reporting week that runs from Monday through Sunday; in other words, reports are due within 7 days after a reporting week ends.
        This proposed rule would change the deadline for headboats to submit an electronic fishing report after a reporting week ends. Headboats would continue to submit electronic fishing reports through the SRHS on a weekly basis with reports due on each Tuesday following a reporting week; in other words, reports would be due within 2 days after a reporting week ends. This proposed rule would make the reporting deadline for headboats consistent with the proposed reporting deadline for charter vessels. Other than changing the deadline for submitting the fishing reports, no other aspect of the headboat reporting program would be changed by this proposed rule.
        Management Measure Contained in the For-Hire Reporting Amendment but not Codified Through This Proposed Rule
        The For-hire Reporting Amendment specifies core data elements to be collected through the for-hire electronic reporting program. These core data elements include, but are not limited to, information about the permit holder, vessel, location fished, catch, discards, fishing effort, and socio-economic data. Other information that could further benefit the management of federally permitted for-hire vessels included under the For-hire Reporting Amendment may also be subject to collection as determined by NMFS, in coordination with the South Atlantic Council.
        If approved by the Secretary of Commerce, the For-hire Reporting Amendment would require an owner or operator of a federally permitted charter vessel to report their locations fished by either inputting their latitude and longitude in an electronic reporting program or by selecting their fishing locations on a geographic grid in an electronic reporting program. The location accuracy of either reporting method would be to the nearest square nautical mile, or degrees and minutes. This location reporting requirement is consistent with what is collected currently for headboats in the SRHS.
        Additional Proposed Changes to Codified Text not in the For-Hire Reporting Amendment
        In addition to the measures described in the For-hire Reporting Amendment, this proposed rule would change the FMP title name for the Dolphin Wahoo FMP in 50 CFR part 622. In 2004, NMFS published the final rule implementing the Dolphin Wahoo FMP, and the final rule added the name of the Dolphin Wahoo FMP in Table 1 to § 622.1 (69 FR 30235, May 27, 2004). The Dolphin Wahoo FMP is also named in two other places in 50 CFR part 622. The name of the Dolphin Wahoo FMP in 50 CFR part 622 is inconsistent with the original title of the Dolphin Wahoo FMP submitted by the South Atlantic Council, which is the Fishery Management Plan for the Dolphin and Wahoo Fishery of the Atlantic. Additionally, since NMFS implemented the Dolphin Wahoo FMP, the FMP name referenced by the South Atlantic Council and NMFS has often been the original title submitted by the South Atlantic Council. This proposed rule would correct the inconsistency between the regulations and the original name of the Dolphin Wahoo FMP and insert “FMP for the Dolphin and Wahoo Fishery of the Atlantic” in Table 1 to § 622.1, and where the Dolphin Wahoo FMP is referenced in 50 CFR part 622.

        Finally, this proposed rule would remove certain regulatory requirements, in the sections referenced below, applicable to the owner or operator of a non-federally permitted charter vessel or headboat that does not fish in the EEZ but only harvests or possesses Atlantic CMP species from state waters adjoining the Mid-Atlantic and South Atlantic EEZ, or Atlantic dolphin or wahoo from state waters adjoining the Atlantic EEZ, or South Atlantic snapper-grouper species from state waters adjoining the South Atlantic EEZ. This proposed rule would remove the regulatory requirements stated in this paragraph from 50 CFR 622.176(b)(1)(i) through (iii), 622.271(b)(1)(i) and (ii), and 622.374(b)(1)(i) and (ii). NMFS has determined that it does not have the regulatory authority to request this information.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the For-hire Reporting Amendment, the respective FMPs, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866. This proposed rule is not expected to be an Executive Order 13771 regulatory action because this proposed rule is not significant under Executive Order 12866.

        The Magnuson-Stevens Act provides the statutory basis for this proposed rule. No duplicative, overlapping, or conflicting Federal rules have been identified. A description of this proposed rule, why it is being considered, and the objectives of this proposed rule are contained in the preamble and in the SUMMARY section of the preamble.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination follows.
        In 2016, there were 2,182 vessels with at least 1 valid Federal charter vessel/headboat permit to fish for Atlantic CMP species or Atlantic dolphin and wahoo, or South Atlantic snapper-grouper species. This proposed rule, if implemented, would be expected to directly affect all of these vessels. The for-hire component of the recreational sector is comprised of charter vessels and headboats. Although charter vessels tend to be smaller, on average, and carry fewer passengers than headboats, the key distinction between the two types of vessel operations is how the passenger fee is determined. On a charter vessel trip, the fee charged covers the entire vessel regardless of how many passengers are carried. The fee charged on a headboat trip is paid per individual angler. Although the application for a Federal charter vessel/headboat permit collects information on the primary method of vessel operation (charter vessel or headboat), the permit issued does not identify the vessel as either a charter vessel or headboat and vessels may operate in either capacity on separate trips. As of February 2017, 63 federally permitted for-hire vessels operating in the South Atlantic were identified as primarily operating as headboats and were reporting to the SRHS. It is not known how many headboats in the NMFS Greater Atlantic Region have a Federal charter vessel/headboat permit for Atlantic CMP or Atlantic dolphin and wahoo. Thus, among the 2,182 vessels estimated to be directly affected by this proposed rule, at least 63 of them are expected to primarily operate as headboats and the rest as charter vessels. The average charter vessel operating in the South Atlantic is estimated to earn approximately $118,200 in annual revenue and the average charter vessel operating in the Greater Atlantic Region is estimated to earn approximately $29,300 annually (2016 dollars). For headboats, the comparable annual revenue estimates are approximately $209,000 and $226,200, respectively.
        The SBA has established size criteria for all major industry sectors in the U.S., including fish harvesters. A business involved in the for-hire fishing industry is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $7.5 million (NAICS code 487210, for-hire businesses) for all its affiliated operations worldwide. All for-hire businesses expected to be directly affected by this proposed rule are believed to be small business entities.
        NMFS has not identified any other small entities that might be directly affected by this proposed rule.
        This proposed rule would require an owner or operator of a federally permitted charter vessel to submit an electronic report of their fishing activity weekly, or at shorter intervals if notified by the SRD, via hardware and software approved by NMFS. This requirement would not be expected to require special professional skills. The use of computers, smartphones, the internet, or other forms of electronic connections and communication is commonplace in the business environment. As a result, all of the charter vessel small businesses expected to be affected by this proposed rule would be expected to already have staff with the appropriate skills to complete the proposed reporting requirements. However, most charter vessel businesses, unlike headboats, have not been subject to mandatory logbook reporting of fishing activity and would be expected to lack experience completing logbooks, beyond the recording of similar information to satisfy the management needs of their businesses. As a result, although the information that would be required to be reported by this proposed rule would not be expected to be substantially different from that recorded for normal business purposes, some familiarization may be necessary before business staff become proficient in the proposed requirements. The hiring of new employees with specialized skills, however, should not be necessary.
        This proposed rule would also require federally permitted headboat businesses to submit electronic reports of their fishing activity by the Tuesday following the reporting week instead of the current requirement to report by the Sunday following the reporting week. Federally permitted headboats in the South Atlantic have been required to submit electronic reports of their fishing activity since January 2014 (78 FR 78779, December 27, 2013). As a result, all headboat businesses affected by this proposed rule would be expected to be proficient with electronic reporting and have staff with the appropriate skills to meet the proposed change in the reporting deadline.

        No conflicting Federal rules have been identified. However, some for-hire vessels also have applicable Federal for-hire permits to operate in Federal waters of the Mid-Atlantic, New England, or the Gulf in addition to the South Atlantic. In 2016, 387 vessels held South Atlantic and Gulf Federal charter vessel/headboat permits to harvest species managed by both the South Atlantic Council and the Gulf Council. Among these vessels, it is unknown how many primarily operated as headboats. As of August 2017, it was estimated that approximately 152 vessels were federally permitted to harvest species managed by both the South Atlantic Council and either the Mid-Atlantic or New England Fishery Management Councils. Again, it is unknown how many of these vessels primarily operated as headboats. For-hire vessels federally permitted to operate in the Mid-Atlantic or New England are required to submit a vessel trip report for each fishing trip taken via electronic or paper form. The Gulf Council has also approved an action to require electronic reporting for federally permitted charter vessels that operate under their jurisdiction and, similar to this proposed rule, modify the reporting frequency of headboats federally permitted to fish for species managed by the Gulf Council. To eliminate duplicate reporting by federally permitted charter vessels, the South Atlantic Council would accept reports submitted under these other programs if the reporting requirements in these other programs are more stringent than those proposed by the South Atlantic Council and meet the core data elements identified by the South Atlantic Council.

        This proposed rule would be expected to have minimal impact on the profits of any of the small entities expected to be directly affected. This proposed rule would require weekly electronic reporting of all fishing activity by all charter vessels permitted to fish for federally managed species in the South Atlantic when operating as a for-hire vessel in state or Federal waters. It would also specify alternative reporting provisions during instances of extended periods of non-fishing or when catastrophic conditions preclude electronic reporting. The charter vessels affected by this proposed rule are not currently required to submit reports of their fishing activity when under hire unless selected by the SRD. To date, the SRD has not selected any of these vessels for trip reporting. Instead, reporting is limited to those charter vessels that are selected to participate in the MRIP survey of charter vessels, which draws a weekly sample of 10 percent of eligible charter vessels in 2-month periods during the calendar year, e.g., January through February, and March through April. The MRIP survey includes all charter vessels in the South Atlantic, including those with only state-issued charter vessel permits, and state and federally permitted vessels, and not just charter vessels with Federal charter vessel/headboat permits. Therefore, because vessels with only state permits are included, the MRIP survey covers less than 10 percent of the federally permitted South Atlantic charter fleet in each 2-month period. Vessels may be selected multiple times during a year and the proportion of the total fleet of federally permitted vessels included in the MRIP survey at least once during the calendar year is unknown. Once selected, reporting is mandatory for vessels with a Federal charter vessel/headboat permit. The MRIP survey collects a limited amount of information (general area fished, number of anglers who fished, hours fished, method of fishing, and target species) and reporting only captures fishing activity for the single week for which the vessel is selected and not activity for the entire year. The proposed rule would not replace the MRIP survey of charter vessels. Data collected through MRIP would still be collected and used to validate data collected through the proposed electronic reporting program.
        As previously described, this proposed rule would also advance the weekly reporting deadline for federally permitted headboats from the Sunday following the reporting week to the Tuesday following the reporting week.
        The reporting program under development is expected to accommodate a range of commonly used electronic devices and transmission methods for program access and report submission. The SBA has estimated that in 2010, approximately 94 percent of businesses used a computer and 95 percent of these had internet service. These utilization rates are expected to be transferable to and/or inclusive of the use of other electronic communication devices, such as tablets and smartphones, expected to be included in the reporting options for electronic reporting. As a result, the majority of the charter vessels expected to be affected by this proposed rule would be expected to currently utilize one or more of these devices and services and not need to incur new operational expenses to acquire the technology necessary for the proposed electronic reporting. For businesses that do not currently have a suitable device or associated service, the expenses that would need to be incurred would not be expected to constitute a significant increase in operational costs. Basic computer systems under $300 (2016 dollars) are commonly available, tablets can be purchased for as little as approximately $120 (2016 dollars), and a basic internet connection is expected to be available for under $50 per month (2016 dollars), or approximately $600 per year. Although more expensive models are available, smartphones can be purchased for less than some computers or tablets, and monthly service fees are comparable to those of the other electronic devices. As a result, a complete new system would be estimated to cost approximately $720 to $900 for the first year, and approximately $600 per year thereafter. Alternatively, free computer use and internet access is commonly available at public libraries.
        In addition to these potential equipment and connection costs, electronic reporting would require the expenditure of time, with associated labor costs, to record and submit the reports. Approximately 188,000 individual angler trips were estimated to have been taken in Federal waters in the South Atlantic on charter vessels in 2016. Using this total and assuming an average of 3 to 6 anglers per vessel trip, the average charter vessel is estimated to take 14 to 29 trips per year in Federal waters. However, these estimates do not include activity by the vessels expected to be affected by this proposed rule in Federal waters of other regions (Mid-Atlantic, New England, and the Gulf) or trips taken in state waters in any region. This proposed rule would require electronic reporting of all trips by the charter vessels encompassed by this proposed rule in all regions regardless of whether the trips occurred in state or Federal waters. As a result, these estimates likely underestimate the total fishing activity by the charter vessels expected to be directly affected by this proposed rule. In 2016, approximately 492,700 individual angler trips were estimated to have been taken on charter vessels in the South Atlantic in Federal and state waters combined. Although not all of these trips would be expected to have been taken on federally permitted charter vessels (some charter vessels only possess state permits or licenses and only operate in state waters), this total also does not include trips by the vessels expected to be affected by this proposed rule taken in other regions where these vessels operate. Thus, the estimate of the total number of individual angler trips taken on charter vessels in 2016 (492,700 trips) both includes and excludes categories of trips relevant to this assessment. However, for the purpose of this assessment, this total is expected to adequately account for trips taken in these other areas and provide an upper bound on the expected costs associated with reporting labor. Therefore, assuming an average of 3 to 6 anglers carried per charter vessel trip, the upper bound estimate of the average number of trips per charter vessel expected to be directly affected by this proposed rule would be approximately 38 to 75 trips.

        Electronic reporting (including location reporting) is estimated to take approximately 10 minutes per trip. Using the average annual number of charter trips taken per vessel in South Atlantic Federal waters (14 to 29 trips) as a lower bound and the average annual number of charter trips taken per vessel in state and Federal waters of the South Atlantic combined (38 to 75 trips) as an upper bound, the average annual number of trips per affected vessel would be expected to range from 14 to 75 trips. Consequently, the time burden for electronic reporting would be expected to range from 2.3 hours to 12.5 hours per vessel per year for the average charter vessel. The mean hourly wage rate in 2016 for fishers and related fishing workers was estimated to be $14.78 and for first line supervisors in fishing it was estimated to be $23.47 (2016 dollars; www.bls.gov/oes/current/oes453011.htm and www.bls.gov/oes/current/oes451011.htm). Using these wage rates, the expected time cost of electronic reporting per vessel per year would be expected to range from approximately $34 (2.3 hours at $14.78 per hour) to $293.00 (12.5 hours at $23.47 per hour). These labor costs, however, would not be expected to be either wholly or substantially new business expenses. Instead, the time and labor associated with these costs would be expected to be borne by the captain, crew, or current shoreside business staff. Some of the effort to complete these reports may be redirected from current operational activities, such as normal trip record-keeping that a vessel completes for standard business purposes. The information reported will be accessible to the reporting vessel and, therefore, would not need to be recorded separately to meet business operational needs. Thus, in effect, the electronic for-hire reporting program may serve as the record repository for this portion of a vessel's business records. In addition to the need to maintain records on the number of trips and passengers a vessel takes, the service for-hire vessels sell requires reasonable levels of fishing success. Thus, records of what species a vessel catches, where they are caught, when they are caught, and how these performance variables change over time are vital to managing a successful for-hire business. As a result, the information collected under the proposed electronic reporting should be substantially duplicative of information already recorded by these businesses. Additionally, any new information collected as a result of complying with electronic reporting may improve for-hire businesses' ability to monitor and adjust their fishing practices, supporting more successful operation.

        In general, although some redistribution of labor activities may be required to satisfy the proposed electronic reporting requirements, reporting should be able to be completed during transit back to port or within normal business activities when the vessel is shoreside. As such, it would not be expected to constitute a significant labor burden to affected vessels. This would be expected to be particularly true because, although the mandatory reporting requirement would be weekly (i.e., by Tuesday following the reporting week), reporting more frequently, such as after each trip, would be allowed at the discretion of the vessel. Thus, there would be no requirement to accumulate multiple trip reports and need to dedicate a substantial block of time or labor to complete the required reporting. Whichever reporting strategy is adopted by the charter vessel, however, would be discretionary, and each business would be expected to adopt the strategy most efficient to its staffing and operational characteristics, thus minimizing any resultant implicit or explicit costs.
        For headboats, as previously described, electronic reporting has been required since January 2014 and all headboat operations are expected to be proficient with meeting the current reporting requirements. The proposed change in the timing of report submission by headboats would be expected to result in only minor to no direct economic effects on the affected headboat businesses. Because electronic reporting has been a requirement for the past 3 years, the labor and costs associated with reporting have been internalized within each headboat business. Shifting the reporting date to Tuesday following the reporting week from Sunday would not be expected to affect reporting costs unless the shift interferes with other business activities that need to be completed by the earlier date, or labor or other operational costs vary across the week. A longer reporting period provides more time to assemble the necessary information and allows greater flexibility to allocate labor. Thus, in theory, the proposed shortening of the period within which reports must be submitted would be expected to increase the likelihood that conflict with other labor demands arises. However, because of the experience headboat businesses have with the current electronic reporting requirements, any such conflict would be expected to be either minor or an exception, and not the norm, for most affected businesses.
        Based on the explanation above, NMFS determines that this proposed rule, if implemented, would not have a significant adverse economic effect on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.
        This proposed rule contains a collection-of-information requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval. NMFS is proposing to revise the collection-of-information requirement under OMB Control Number 0648-0016, Southeast Region Logbook Family of Forms. The proposed rule would require owners or operators of charter vessels and headboats with South Atlantic Federal charter vessel/headboat permits, and when operating as such in state or Federal waters, to submit weekly electronic fishing reports. Public reporting burden for the proposed requirement is estimated to average 10 minutes per fishing trip and 2 minutes for a no-fishing report, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the necessary data, and compiling, reviewing, and submitting the information to be collected.

          Public comment is sought regarding: Whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to the Southeast Regional Office at the ADDRESSES above, and by email to OIRA_Submission@omb.eop.gov or fax to 202-395-5806.

        Notwithstanding any other provision of the law, no person is required to respond to, and no person will 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. All currently approved collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.

          List of Subjects in 50 CFR Part 622
          Atlantic, Charter vessel, Cobia, Dolphin, Fisheries, Fishing, Gulf of Mexico, Headboat, King mackerel, Recordkeeping and reporting, Snapper-grouper, South Atlantic, Spanish mackerel, Wahoo.

          Dated: March 29, 2018.
          Alan D. Risenhoover,
          Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC

        1. The authority citation for part 622 continues to read as follows:

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

        2. In § 622.1, revise the Table 1 entry for “FMP for the Dolphin and Wahoo Fishery off the Atlantic States” to read as follows:

          § 622.1
          Purpose and scope.

            Table 1 to § 622.1—FMPs Implemented Under Part 622

              FMP title
              Responsible fisherymanagement
                council(s)

              Geographical area

              *    *    *    *    *

              FMP for the Dolphin and Wahoo Fishery of the Atlantic
              SAFMC
              Atlantic.

              *    *    *    *    *

        3. In § 622.13, revise paragraph (g) to read as follows:

          § 622.13
          Prohibitions—general.

          (g) Harvest or possess fish if the required charter vessel or headboat reports have not been submitted in accordance with this part.

        4. In § 622.176, revise paragraph (b) to read as follows:

          § 622.176
          Recordkeeping and reporting.

          (b) Charter vessel/headboat owners and operators—(1)  General reporting requirement—(i) Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, as required under § 622.170(b)(1), and whose vessel is operating as a charter vessel in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2)(i) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (ii) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, as required under § 622.170(b)(1), and whose vessel is operating as a headboat in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2)(i) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (iii) Electronic logbook/video monitoring reporting. The owner or operator of a vessel for which a charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, as required under § 622.170(b)(1), and whose vessel fishes for or lands such snapper-grouper in or from state or Federal waters, who is selected to report by the SRD must participate in the NMFS-sponsored electronic logbook and/or video monitoring program as directed by the SRD. Compliance with the reporting requirements of paragraph (b)(2)(ii) of this section is required for permit renewal.
          (2) Reporting deadlines—(i) Charter vessels and headboats. Completed electronic fishing reports required by paragraph (b)(1) of this section must be submitted to the SRD by the Tuesday following each previous reporting week of Monday through Sunday, or at shorter intervals if notified by the SRD. If no fishing activity occurred during a reporting week, an electronic report so stating must be submitted by the Tuesday following that reporting week, or at a shorter interval if notified by the SRD.
          (ii) Completed fishing reports required by paragraph (b)(1)(iii) of this section for charter vessels or headboats may be required weekly or daily, as directed by the SRD. Information to be reported is indicated on the form and its accompanying instructions.
          (3) Catastrophic conditions. During catastrophic conditions only, NMFS provides for use of paper forms for basic required functions as a backup to the electronic reports required by paragraphs (b)(1)(i) and (ii) of this section. The RA will determine when catastrophic conditions exist, the duration of the catastrophic conditions, and which participants or geographic areas are deemed affected by the catastrophic conditions. The RA will provide timely notice to affected participants via publication of notification in the Federal Register, and other appropriate means such as fishery bulletins or NOAA weather radio, and will authorize the affected participants' use of paper forms for the duration of the catastrophic conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has the authority to waive or modify reporting time requirements.
          (4) Compliance requirement. Electronic reports required by paragraphs (b)(1)(i) and (ii) of this section must be submitted and received by NMFS according to the reporting requirements under this section. A report not received within the applicable time specified in paragraph (b)(2)(i) of this section is delinquent. A delinquent report automatically results in the owner and operator of a charter vessel or headboat for which a charter vessel/headboat permit for South Atlantic snapper-grouper has been issued being prohibited from harvesting or possessing such species, regardless of any additional notification to the delinquent owner and operator by NMFS. The owner and operator who are prohibited from harvesting or possessing such species due to delinquent reports are authorized to harvest or possess such species only after all required and delinquent reports have been submitted and received by NMFS according to the reporting requirements under this section.
          (5) Hardware and software requirements for electronic reporting. Owners and operators must submit electronic reports using NMFS-approved hardware and software.

        5. Revise the heading of Subpart M to read as follows:

          Subpart M—Dolphin and Wahoo Fishery of the Atlantic

        6. In § 622.271, revise paragraph (b) to read as follows:

          § 622.271
          Recordkeeping and reporting.

          (b) Charter vessel/headboat owners and operators—(1) General reporting requirement—(i) Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat permit for Atlantic dolphin and wahoo has been issued, as required under § 622.270(b)(1), and whose vessel is operating as a charter vessel in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (ii) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for Atlantic dolphin and wahoo has been issued, as required under § 622.270(b)(1), and whose vessel is operating as a headboat in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (2) Reporting deadlines for charter vessels and headboats. Completed electronic fishing reports required by paragraph (b)(1) of this section must be submitted to the SRD by the Tuesday following each previous reporting week of Monday through Sunday, or at shorter intervals if notified by the SRD. If no fishing activity occurred during a reporting week, an electronic report so stating must be submitted by the Tuesday following that reporting week, or at a shorter interval if notified by the SRD.
          (3) Catastrophic conditions. During catastrophic conditions only, NMFS provides for use of paper forms for basic required functions as a backup to the electronic reports required by paragraphs (b)(1)(i) and (ii) of this section. The RA will determine when catastrophic conditions exist, the duration of the catastrophic conditions, and which participants or geographic areas are deemed affected by the catastrophic conditions. The RA will provide timely notice to affected participants via publication of notification in the Federal Register, and other appropriate means such as fishery bulletins or NOAA weather radio, and will authorize the affected participants' use of paper forms for the duration of the catastrophic conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has the authority to waive or modify reporting time requirements.
          (4) Compliance requirement. Electronic reports required by paragraphs (b)(1)(i) and (ii) of this section must be submitted and received by NMFS according to the reporting requirements under this section. A report not received within the applicable time specified in paragraph (b)(2) of this section is delinquent. A delinquent report automatically results in the owner and operator of a charter vessel or headboat for which a charter vessel/headboat permit for Atlantic dolphin and wahoo has been issued being prohibited from harvesting or possessing such species, regardless of any additional notification to the delinquent owner and operator by NMFS. The owner and operator who are prohibited from harvesting or possessing such species due to delinquent reports are authorized to harvest or possess such species only after all required and delinquent reports have been submitted and received by NMFS according to the reporting requirements under this section.
          (5) Hardware and software requirements for electronic reporting. Owners and operators must submit electronic reports using NMFS-approved hardware and software.

        7. In § 622.281, revise the introductory text to read as follows:

          § 622.281
          Adjustment of management measures.
          In accordance with the framework procedures of the FMP for the Dolphin and Wahoo Fishery of the Atlantic, the RA may establish or modify the following items specified in paragraph (a) of this section for Atlantic dolphin and wahoo.

        8. In § 622.374, revise paragraph (b) to read as follows:

          § 622.374
          Recordkeeping and reporting.

          (b) Charter vessel/headboat owners and operators—(1) General reporting requirement—(i) Gulf of Mexico—(A) Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat permit for Gulf coastal migratory pelagic fish has been issued, as required under § 622.370(b)(1), or whose vessel fishes for or lands Gulf coastal migratory fish in or from state waters adjoining the Gulf EEZ, who is selected to report by the SRD must maintain a fishing record for each trip, or a portion of such trips as specified by the SRD, on forms provided by the SRD and must submit such record as specified in paragraph (b)(2)(i)(A) of this section.
          (B) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for Gulf coastal migratory fish has been issued, as required under § 622.370(b)(1), or whose vessel fishes for or lands Gulf coastal migratory pelagic fish in or from state waters adjoining the Gulf EEZ, who is selected to report by the SRD must submit an electronic fishing record for each trip of all fish harvested within the time period specified in paragraph (b)(2)(i)(B) of this section, via the Southeast Region Headboat Survey.
          (ii) Atlantic—(A) Charter vessels. The owner or operator of a charter vessel for which a charter vessel/headboat permit for Atlantic coastal migratory pelagic fish has been issued, as required under § 622.370(b)(1), and whose vessel is operating as a charter vessel in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2)(ii) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (B) Headboats. The owner or operator of a headboat for which a charter vessel/headboat permit for Atlantic coastal migratory pelagic fish has been issued, as required under § 622.370(b)(1), and whose vessel is operating as a headboat in state or Federal waters, must record all fish harvested and discarded, and any other information requested by the SRD for each trip in state or Federal waters, and submit an electronic fishing report within the time period specified in paragraph (b)(2)(ii) of this section. The electronic fishing report must be submitted to the SRD via NMFS-approved hardware and software, as specified in paragraph (b)(5) of this section.
          (2) Reporting deadlines—(i) Gulf of Mexico—(A) Charter vessels. Completed fishing records required by paragraph (b)(1)(i)(A) of this section for charter vessels must be submitted to the SRD weekly, postmarked no later than 7 days after the end of each week (Sunday). Information to be reported is indicated on the form and its accompanying instructions.
          (B) Headboats. Electronic fishing records required by paragraph (b)(1)(i)(B) of this section for headboats must be submitted at weekly intervals (or intervals shorter than a week if notified by the SRD) by 11:59 p.m., local time, the Sunday following a reporting week. If no fishing activity occurred during a reporting week, an electronic report so stating must be submitted for that reporting week by 11:59 p.m., local time, the Sunday following a reporting week.
          (ii) Atlantic. Completed electronic fishing reports required by paragraph (b)(1)(ii) of this section must be submitted to the SRD by the Tuesday following each previous reporting week of Monday through Sunday, or at shorter intervals if notified by the SRD. If no fishing activity occurred during a reporting week, an electronic report so stating must be submitted by the Tuesday following that reporting week, or at a shorter interval if notified by the SRD.
          (3) Catastrophic conditions. During catastrophic conditions only, NMFS provides for use of paper forms for basic required functions as a backup to the electronic reports required by paragraphs (b)(1)(i) and (ii) of this section. The RA will determine when catastrophic conditions exist, the duration of the catastrophic conditions, and which participants or geographic areas are deemed affected by the catastrophic conditions. The RA will provide timely notice to affected participants via publication of notification in the Federal Register, and other appropriate means such as fishery bulletins or NOAA weather radio, and will authorize the affected participants' use of paper-based components for the duration of the catastrophic conditions. The paper forms will be available from NMFS. During catastrophic conditions, the RA has the authority to waive or modify reporting time requirements.
          (4) Compliance requirement. Electronic reports required by paragraphs (b)(1)(i) and (ii) of this section must be submitted and received by NMFS according to the reporting requirements under this section. A report not received within the applicable time specified in paragraphs (b)(2)(i) or (ii) is delinquent. A delinquent report automatically results in the owner and operator of a charter vessel or headboat for which a charter vessel/headboat permit for Gulf or Atlantic coastal migratory pelagic fish has been issued, as required under § 622.370(b)(1), being prohibited from harvesting or possessing such species, regardless of any additional notification to the delinquent owner and operator by NMFS. The owner and operator who are prohibited from harvesting or possessing such species due to delinquent reports are authorized to harvest or possess such species only after all required and delinquent reports have been submitted and received by NMFS according to the reporting requirements under this section.
          (5) Hardware and software requirements for electronic reporting. Owners and operators must submit electronic reports using NMFS-approved hardware and software. In the Gulf, the NMFS-approved hardware and software must have a minimum capability of archiving GPS locations.

      [FR Doc. 2018-06794 Filed 4-3-18; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 300
        Docket No. 110620342-1340-02]
        RIN 0648-BA66
        International Fisheries; Pacific Tuna Fisheries; Recommendations Adopted by the Inter-American Tropical Tuna Commission

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Advanced Notice of Proposed Rulemaking; request for comments.

          SUMMARY:

          NMFS is requesting public comment on certain amendments under consideration for the regulations governing the longline and purse seine fisheries targeting tuna and tuna-like species in the eastern Pacific Ocean (EPO) to conform to recommendations adopted by the Inter-American Tropical Tuna Commission (IATTC). This rulemaking would be issued under authority of the Tuna Conventions Act of 1950. At its Eighty-first Meeting, held in September 2010, members of the IATTC adopted three recommendations. This ANPR discusses two of these decisions, the Recommendation on Tuna Conservation 2011-2013 (C-10-01) and the Recommendation Prohibiting Fishing on Data Buoys (C-10-03), which would require rulemaking to implement domestically.

          DATES:
          Comments must be submitted in writing by July 27, 2011.

          ADDRESSES:
          You may submit comments, identified by 0648-BA66, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: http://www.regulations.gov.

          • Fax: 562-980-4047, Attn: Heidi Hermsmeyer.
          • Mail: Rodney R. McInnis, Regional Administrator, NMFS Southwest Regional Office (SWR), 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier “0648-BA66” in the comments.

            Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.
          NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:
          Heidi Hermsmeyer, NMFS SWR, 562-980-4036.

        SUPPLEMENTARY INFORMATION:

        At its Eighty-first Meeting, held in September 2010, members of the IATTC adopted the following three recommendations: (1) Recommendation on Tuna Conservation 2011-2013 (C-10-01); (2) Recommendation on Seabirds (C-10-02); and (3) Recommendation Prohibiting Fishing on Data Buoys (C-10-03). Recommendation C-10-02 established measures to mitigate the impact of the longline fishery on seabirds, which are similar to those in place in the Western and Central Pacific Fisheries Commission (WCPFC) Convention Area. The United States has domestic seabird conservation measures in place for U.S. longline fisheries that operate in the EPO that satisfy the recommendations adopted in Recommendation C-10-02, thus no additional regulatory action is required to implement this recommendation. The United States is considering amending regulations to implement IATTC Recommendations C-10-01 and C-10-03. While this is the preferred course of action at this time, the United States is also considering not amending the regulations currently in effect, which implement IATTC Resolution C-09-01, or removing those regulations. The United States is considering these alternatives because there has been some uncertainty regarding whether Resolution C-09-01 required ratification by the IATTC in 2010 to remain effective in 2011, and whether Recommendation C-10-01 replaced Resolution C-09-01 for all intents and purposes. All active resolutions and recommendations are available on the following IATTC Web site: http://www.iattc.org/ResolutionsActiveENG.htm.

        Potential Changes to Tuna Conservation Measures for 2011-2013

        The Recommendation on Tuna Conservation for 2011-2013 is very similar to the Resolution on a Multiannual Program for the Conservation of Tuna in the Eastern Pacific Ocean in 2009-2011 (IATTC Resolution C-09-01), which was adopted in 2009 by the IATTC. The United States implemented IATTC Resolution C-09-01 in November 2010 (74 FR 61046, November 23, 2009). Similar to Resolution C-09-01, the main objectives of Recommendation C-10-01 are to limit the fishing mortality of yellowfin tuna (Thunnus albacares) and to reduce the fishing mortality of bigeye tuna (Thunnus obesus) in the EPO. The measures are based in part on the recommendations and analysis of IATTC scientific staff and the 2010 stock assessments of bigeye and yellowfin tuna completed by IATTC staff. The differences between Recommendation C-10-01 and Resolution C-09-01 that are being considered for rulemaking are: (1) A change in the length of the closure period of the IATTC Convention Area for tuna purse seine vessels class sizes 4-6 (182 metric tons carrying capacity or greater) in 2011 from 73 days to 62 days and continuation of that closure period in 2012 and 2013; (2) continuation of the annual 500 metric ton bigeye tuna quota in the longline fishery for vessels over 24 meters in length from 2011-2013; and (3) renewal of the tuna retention program for 2011 that requires all bigeye, skipjack, and yellowfin tuna caught by a U.S. purse seine vessel of class sizes 4-6 (i.e., larger than 182 cubic meters carrying capacity) be retained on board and landed, except fish deemed unfit for human consumption for reasons other than size. The single exemption for this would be the final set of a trip, when there may be insufficient well space remaining to accommodate all the tuna caught in that set. Additionally, NMFS is considering giving vessel owners the option of choosing between the two possible purse seine closure periods that were established under IATTC Recommendation C-10-01 for each applicable year, rather than requiring the entire U.S. fleet to adhere to the later closure period as was done in 2009 and 2010. It appears that most, if not all, other members of the IATTC are implementing the closure period on a vessel-by-vessel basis since it provides fleets with greater flexibility. The two options would be July 29 to September 28, or November 18 to January 18 of the following year for 2011, 2012, and 2013.
        Potential Prohibition on Fishing Around Data Buoys
        The main objective of the Recommendation Prohibiting Fishing on Data Buoys is to stop vandalism and damage to data buoys from fishing vessels that often leads to loss of data critical to weather forecasting, tsunami warnings, search and rescue efforts, and research of the marine environment and that IATTC members expend time and resources to locate, replace, and repair data buoys damaged or lost by fishing methods or vandalism. Recommendation C-10-03 defines data buoys as floating devices, either drifting or anchored, that are deployed by governmental or recognized scientific organizations or entities for the purpose of electronically collecting environmental data, and not in support of fishing activities.

        Recommendation C-10-03 urges members to prohibit fishing vessels from fishing within one nautical mile of, or interacting with, a data buoy in the EPO. A possible rulemaking action would: (1) Prohibit encircling a data buoy with fishing gear, tying up to or attaching the vessel, or any fishing gear, part or portion of the vessel, to a data buoy, and, if the buoy is anchored, cutting its anchor line; (2) prohibit fishing vessels from taking on board a data buoy, unless specifically authorized or requested to do so by a member or cooperating non-member of the IATTC or owner responsible for that buoy; (3) encourage fishing vessels operating in the EPO to keep watch for data buoys at sea and to take all reasonable measures to avoid fishing gear entanglement or directly interacting in any way with those data buoys; and (4) require fishing vessels that become entangled with a data buoy to remove the entangled fishing gear with as little damage to the data buoy as possible. However, any scientific research program would be allowed to operate fishing vessels within one nautical mile of a data buoy, provided the IATTC Secretariat is notified in advance about the operation and the fishing gear/vessel does not interact with a data buoy.

          Executive Order 12866: This action has been determined to be not significant under EO 12866.

          Authority:
          16 U.S.C. 951 et seq.

          Dated: June 30, 2011.
          John Oliver,
          Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

      [FR Doc. 2011-17079 Filed 7-6-11; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 680
        [Docket No.: 060404093-6093-01; I.D. 033106A]
        RIN 0648-AU24
        Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
           NMFS proposes changes to the regulations implementing the Crab Rationalization Program. This action is necessary to correct two discrepancies in the scope of the sideboard protections for Gulf of Alaska (GOA) groundfish fisheries provided in a previous rulemaking. Specifically, this action would remove the sideboard restrictions from vessels that did not generate Bering Sea snow crab (Chionoecetes opilio) quota share and would apply the sideboards to federally permitted vessels operating in the State of Alaska (State) parallel fisheries. This proposed rule is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and Tanner Crabs (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law.

          DATES:
           Written comments must be received no later than May 9, 2006.

          ADDRESSES:
           Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Records Administrator. Comments may be submitted by:
          • Mail: P.O. Box 21668, Juneau, AK 99802.
          • Hand Delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK.
          • Fax: 907-586-7557.
          • E-mail: 0648-AU24-sideboard680.22@noaa.gov. Include in the subject line of the e-mail the following document identifier: GOA sideboards. E-mail comments, with or without attachments, are limited to 5 megabytes.
          • Webform at the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at that site for submitting comments.

          Copies of the regulatory impact review/initial regulatory flexibility analysis (RIR/IRFA), prepared for this action and copies of the Bering Sea Aleutian Islands Crab Fisheries Final Environmental Impact Statement/Regulatory Impact Review/Initial Regulatory Flexibility Analysis/Social Impact Assessment (EIS/RIR/IRFA/SIA) prepared for the Crab Rationalization Program are available from NMFS at the mailing address specified above or from the NMFS Alaska Region Web site at http://www.fakr.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
           Gretchen Harrington, 907-586-7228 or gretchen.harrington@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        In January 2004, the U.S. Congress amended section 313(j) of the Magnuson-Stevens Act through the Consolidated Appropriations Act of 2004 (Public Law 108-199, section 801). As amended, section 313(j)(1) requires the Secretary of Commerce to approve and implement by regulation the Crab Rationalization Program (Program), as it was approved by the North Pacific Fishery Management Council (Council). In June 2004, the Council consolidated its actions on the Program into Amendment 18 to the FMP. Additionally, in June 2004, the Council developed Amendment 19 to the FMP, which represents minor changes necessary to implement the Program.

        A notice of availability for Amendments 18 and 19 was published in the Federal Register on September 1, 2004 (69 FR 53397). NMFS published a proposed rule to implement Amendments 18 and 19 on October 29, 2004 (69 FR 63200). NMFS approved Amendments 18 and 19 on November 19, 2004. NMFS published a final rule to implement Amendments 18 and 19 on March 2, 2005 (70 FR 10174) and a final rule (70 FR 13097; March 18, 2005) to correct OMB control numbers provided in the final rule dated March 2, 2005 (70 FR 10174). NMFS also published two final rules (70 FR 33390; June 8, 2005, and 70 FR 75419; December 20, 2005) to correct certain provisions in the final rule dated March 2, 2005 (70 FR 10174).
        NMFS intends to correct two aspects of the sideboard provisions in the regulations implementing the Program. One change would remove the sideboard limits from vessels that did not generate Bering Sea snow crab quota share under the Program. The second change would clarify that the sideboards apply to federally permitted vessels that fish in the State parallel groundfish fisheries. These changes are necessary to implement the Program's sideboard provisions.
        State parallel fisheries occur in State waters but are opened at the same time as Federal fisheries in Federal waters. State parallel fishery harvests are considered part of the Federal total allowable catch (TAC) and federally-permitted vessels move between State and Federal waters during the concurrent parallel and Federal fisheries. The State opens the parallel fisheries through emergency order by adopting the groundfish seasons, bycatch limits, and allowable gear types that apply in the adjacent Federal fisheries.
        Sideboard Provisions
        Sideboard limits restrict the ability of vessels whose histories resulted in Bering Sea snow crab quota share, or fishing under License Limitation Program (LLP) licenses derived from those vessels, to participate in GOA groundfish fisheries. The purpose of the sideboard limits is to prevent vessels that traditionally participated in the Bering Sea snow crab fishery from using the flexibility of the Program to increase their participation in the GOA groundfish fisheries, and primarily the GOA Pacific cod fishery. Historically, the Bering Sea snow crab fishery and GOA groundfish fisheries operated concurrently from January through March, meaning that a crab vessel owner had to decide whether to fish for Bering Sea snow crab or GOA groundfish but could not participate fully in both fisheries. With crab rationalization, vessel owners have the flexibility to fish for snow crab during a greatly extended season, or to lease their crab individual fishing quota (IFQ) and not fish at all. This increased flexibility for crab fishermen could lead to increases in fishing effort in GOA groundfish fisheries, especially the Pacific cod fishery, and could negatively affect the other participants in those fisheries.
        This concern about spillover effects is limited primarily to the GOA where the Pacific cod TAC is not allocated among gear types. In the BSAI, most of the Pacific cod TAC is allocated to vessels using longline and trawl gear, and LLP license restrictions prevent the entry of new pot vessels into the BSAI Pacific cod fishery. Hence, snow crab fishermen who wish to increase their groundfish fishing activity would do so primarily in the GOA Pacific cod fishery.

        The GOA groundfish sideboard restrictions are intended to apply to any crab vessel that: (1) Is not authorized under the American Fisheries Act, (2) has a fishing history that generated any amount of Bering Sea snow crab quota share, (3) has an LLP license earned in whole or in part by the crab fishing history of such vessels, or (4) is fishing under an LLP license derived in whole or in part from a vessel in (1) through (4). Those snow crab vessels subject to GOA groundfish sideboard restrictions are limited, in the aggregate, from harvesting an amount of each GOA groundfish species that exceeds the percentage of each species that such vessels retained, in the aggregate, from 1996 to 2000, relative to the total retained catch of each species by all groundfish vessels during the same period. The sideboard restrictions also are apportioned by season and/or area for each GOA groundfish TAC that is apportioned by season or area.
        Some additional sideboard restrictions and exemptions for GOA Pacific cod do not apply to other GOA groundfish species. Any vessel subject to GOA groundfish sideboards that landed less than 50 mt (110,231 lb) of GOA groundfish between 1996 and 2000, is prohibited from engaging in directed fishing for GOA Pacific cod at all times. Additionally, any vessel that landed less than 100,000 pounds (45.4 mt) of Bering Sea snow crab and more than 500 mt (1,102,311 lb) of GOA Pacific cod between 1996 and 2000 is exempt from the GOA Pacific cod sideboard restrictions. These sideboard restrictions also apply to any vessel fishing under an LLP license earned by the crab fishing history of such vessel.
        NMFS notified all persons who own a vessel or hold a LLP license subject to the sideboard restrictions by issuing amended Federal fisheries permits and LLP licenses to each affected vessel owner or LLP license holder. The amended Federal fisheries permits and LLP licenses display the type of sideboard restriction on the face of the permit or license.
        Need for Regulatory Changes
        This action proposes two changes to the regulations governing sideboard protections for the GOA groundfish fisheries at 50 CFR part 680.22. The first change would remove the sideboard restrictions from vessels whose histories did not generate Bering Sea snow crab quota share. The second change would clarify that the sideboard restrictions apply to federally permitted vessels that fish in the State parallel groundfish fisheries.
        The Council intended the sideboards to apply to vessels that qualify for Bering Sea snow crab quota share under the Program. The proposed rule for the Program included regulatory language to this effect (69 FR 63200, October 29, 2004). However, this language was changed in the final rule to apply the sideboards to vessels that had landings during the qualifying period. This change has the unintended consequence of applying the sideboards to vessels that did not qualify for quota share. NMFS proposes to change the regulatory language to reflect the original language in the Program's proposed rule. NMFS received no public comments on this aspect of the Program's proposed rule.
        The existing regulations restrict participation in Federal fisheries but not in the adjacent State waters fisheries. This omission in the regulations would allow vessels whose history generated quota share to increase their participation in the groundfish fisheries. NMFS proposes to change the regulations to clarify that the GOA groundfish sideboard directed fishing closures apply to federally permitted vessels while fishing in the State parallel fisheries.
        The Council developed the sideboard limits to prevent vessels that traditionally participated in the Bering Sea snow crab fishery from using the flexibility of the Program to increase their participation in the GOA groundfish fisheries, primarily the GOA Pacific cod fishery. Amendment 18 does not specifically apply the sideboard limits to vessels operating in the State parallel fisheries. Amendment 18 required cooperatives to limit their members' aggregate Pacific cod catch in both Federal and State waters to the sideboard amount. In a letter dated June 2, 2004, NMFS requested that the Council remove the requirement that cooperatives manage the sideboard fishing activity of their members because NMFS determined this provision was not practical or enforceable. In the same letter, NMFS informed the Council that it would manage the groundfish sideboards through fleet-wide directed fishing closures for Federal waters and the parallel fishery in State waters. The Council removed the cooperative management requirement paragraph in Amendment 19. However, deleting this paragraph had the effect of removing from the FMP the sideboard limits for vessels fishing in State waters.
        NMFS finds it necessary to apply the sideboard limits to federally permitted vessels fishing in State parallel fisheries in order to implement the FMP. Without this regulatory change, vessels that traditionally participated in the Bering Sea snow crab fishery could use the flexibility of the Program to increase their participation in the GOA groundfish fisheries, and primarily the GOA Pacific cod fishery, because they could circumvent the directed fishing closures by fishing in State waters. NMFS has notified the public that it will implement the sideboard limits in the State parallel fisheries in the preamble to the proposed and final rules for the Program and in the notice of availability for Amendments 18 and 19.
        Classification
        NMFS has determined that the proposed rule is consistent with the FMP and preliminarily determined that the rule is consistent with the Magnuson-Stevens Act and other applicable laws.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

        NMFS prepared an initial regulatory flexibility analysis (IRFA) as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A description of the action, why it is being considered, and the legal basis for it are included at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A summary of the analysis follows. A copy of this analysis is available from NMFS (see ADDRESSES).
        Number and Description of Small Entities Directly Regulated by the Proposed Action
        One hundred and ninety-five entities are subject to the sideboard regulations and fish in the GOA groundfish fisheries. A fishing operation is considered to be a small entity for RFA purposes if its total annual gross receipts, from all sources, is less than $4 million. The 2004 gross revenue data from the State fishticket database is readily available and includes revenue from all fishing operations in Alaska and adjacent EEZ waters. Based on these data, as many as 189 of the 195 entities may be considered small.
        Impacts on Directly Regulated Small Entities

        The Council created the sideboards with the expressed purpose of restricting the owners of vessels acquiring snow crab quota share from using the resulting increased operational flexibility to expand their participation in the already fully subscribed GOA groundfish fisheries. The proposed regulatory changes are necessary owing to the introduction of two inconsistencies that exist between the Program provisions and the language in the implementing regulations. These corrections will implement the sideboards as intended by the Council and mandated by section 313(j) of the Magnuson-Stevens Act.

          Sideboards on vessels without quota share. Six small entities, as defined for RFA purposes, would be directly regulated by the removal of the sideboard provisions from vessels that did not generate snow crab quota shares. These six are currently, although inadvertently, subject to the economic burden of the sideboard restrictions, despite not having qualified for snow crab quota shares. The proposed action would lift this uncompensated burden from these six small entities by removing their sideboard restrictions.

          Sideboards in the State parallel groundfish fisheries. As promulgated, the current language may allow federally permitted vessels to circumvent the Program's sideboards by fishing only in the State parallel groundfish fisheries in the GOA. Since the start of the 2006 A season Pacific cod fishery (the first GOA groundfish opening following implementation of the current Program provisions), no vessels prohibited by these sideboard provisions from fishing for Pacific cod have fished in the State parallel fisheries. The fact that no vessels currently are exploiting this loophole in the regulations is testament to the clear intent that the sideboards apply to the State parallel fisheries, and the plain language understanding of the term “GOA.” This action proposes to correct the sideboard provisions of the Program's implementing regulations, by applying them to federally permitted vessels fishing in State parallel groundfish fisheries. Therefore, the preferred action has no economic effects beyond those considered in the EIS/RIR/IRFA/SIA prepared for the Program (see ADDRESSES).

        Sideboard restrictions prevent adverse spillover effects in other fisheries from an influx of effort from the rationalized crab fisheries. The Crab Rationalization Program, because it issued quota share to vessel owners and provided them the ability to form cooperatives, provides these directly regulated entities huge economic benefits, as discussed in the EIS/RIR/IRFA/SIA prepared for the Program (see ADDRESSES). As discussed in that analysis, the sideboard limits prevent these participants from using these benefits to increase their effort in the GOA groundfish fisheries. The sideboard restrictions provide the sideboarded vessels the ability to maintain their historic harvest levels in GOA groundfish fisheries therefore they do not make the sideboarded vessels worse-off economically. Vessels with minimal harvests in the snow crab fisheries and substantial harvests in the Pacific cod fishery would be exempt from the sideboard restrictions, since these vessels have little dependence on the crab fisheries. In addition, vessels with less that a minimum historic harvest from GOA groundfish fisheries are not permitted to participate in GOA groundfish fisheries.
        The proposed action does not likely have the potential to impose disproportionate impacts on small entities, relative to large entities. The regulatory change applying the sideboard constraints to State waters during the parallel fisheries would provide all qualifying vessels, large and small, a level playing field upon which to operate, as had been the intention of the Council from the outset. Because this change merely rescinds an unintentional and unexploited regulatory loophole, the only possible effect is to codify the commonly held understanding among the fishing industry of the sideboard rule.
        This proposed rule does not have the potential to significantly reduce profits for small entities. The absence of cost data precludes quantitative estimation of potential impacts on profitability, although these would be expected to be minimal, because no vessels chose to exploit this loophole in the 2006 A season (the first groundfish fishery after sideboard implementation).
        This regulation does not impose new recordkeeping and reporting requirements on any directly regulated small entities.
        This analysis did not reveal any Federal rules that duplicate, overlap or conflict with the proposed action.
        No significant alternatives to the proposed rule exist that accomplish the stated objectives, are consistent with applicable statutes, and would minimize the economic impact of the proposed rule on small entities. A no action alternative was considered, but was rejected because it did not meet the objectives of the Program's sideboard provisions. No significant adverse effects are shown for this action.

          List of Subjects in 50 CFR Part 680
          Alaska, Fisheries, Reporting and recordkeeping requirements.

          Dated: April 17, 2006.
          John Oliver,
          Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

        For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 680 as follows:

          PART 680—SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

        1. The authority citation for part 680 continues to read as follows:

          Authority:
          16 U.S.C. 1862.

        2. In § 680.22, paragraph (a)(1)(i) is revised and paragraph (f) is added to read as follows:

          § 680.22
          Sideboard protections for GOA groundfish fisheries.
          (a) * * *
          (1) * * *

          (i) Any non-AFA vessel that made a legal landing of Bering Sea snow crab (C. opilio) between January 1, 1996, and December 31, 2000, that generated any amount of Bering Sea snow crab (C. opilio) fishery QS; and
          (f) Sideboard protections in the State of Alaska parallel groundfish fisheries. Vessels subject to the sideboard restrictions under paragraph (a) of this section, that are required to have a Federal Fisheries Permit and/or LLP license, shall be subject to the regulations of this section while participating in any groundfish fishery in State waters adjacent to the GOA opened by the State of Alaska and for which the State of Alaska adopts a Federal fishing season.

      [FR Doc. E6-6030 Filed 4-21-06; 8:45 am]
      BILLING CODE 3510-22-S


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [MB Docket No. 21-57; RM-11882; DA 21-166; FR ID 17526]
        Television Broadcasting Services Savannah, Georgia

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Video Division has before it a petition for rulemaking filed November 27, 2020 (Petition) by Gray Television Licensee, LLC (Petitioner), the licensee of WTOC-TV (CBS), channel 11 (WTOC or Station), Savannah, Georgia. The Petitioner requests the substitution of channel 23 for channel 11 at Savannah, Georgia in the DTV Table of Allotments.
          In support of its channel substitution request, the Petitioner states that the Commission has recognized that VHF channels have certain propagation characteristics which may cause reception issues for some viewers, and also that the “reception of VHF signals require larger antennas . . . relative to UHF channels.” According to the Petitioner, “many of its viewers experience significant difficulty receiving WTOC-TV's signal” and its channel substitution proposal will allow WTOC “to deliver a more reliable over-the-air signal to viewers. The Petitioner further states that its channel substitution proposal will result in no loss of service.
          We believe that the Petitioner's channel substitution proposal warrants consideration. Channel 23 can be substituted for channel 11 at Savannah, Georgia as proposed, in compliance with the principal community coverage requirements of section 73.625(a) of the Commission's rules at coordinates 32-3-15.0 N and 81-21-0.0 W. In addition, we find that this channel change meets the technical requirements set forth in sections 73.616 and 73.623 of the rules.

          DATES:
          Comments must be filed on or before April 5, 2021 and reply comments on or before April 19, 2021.

          ADDRESSES:
          Federal Communications Commission, Office of the Secretary, 45 L Street NE, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Joan Stewart, Esq., Wiley Rein LLP, 1776 Street NW, Washington, DC 20006.

          FOR FURTHER INFORMATION CONTACT:
          Andrew Manley, Media Bureau, at (202) 418-0596 or Andrew.Manley@fcc.gov.

        SUPPLEMENTARY INFORMATION:
        This is a synopsis of the Commission's Notice of Proposed Rulemaking, MB Docket No. 21-57; RM-11882; DA 21-166, adopted February 12, 2021, and released February 12, 2021. The full text of this document is available for download at https://www.fcc.gov/edocs. To request materials in accessible formats (braille, large print, computer diskettes, or audio recordings), please send an email to FCC504@fcc.gov or call the Consumer & Government Affairs Bureau at (202) 418-0530 (VOICE), (202) 418-0432 (TTY).

        This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to this proceeding.
        Members of the public should note that all ex parte contacts are prohibited from the time a Notice of Proposed Rulemaking is issued to the time the matter is no longer subject to Commission consideration or court review, see 47 CFR 1.1208. There are, however, exceptions to this prohibition, which can be found in Section 1.1204(a) of the Commission's rules, 47 CFR 1.1204(a).
        See Sections 1.415 and 1.420 of the Commission's rules for information regarding the proper filing procedures for comments, 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Television.

          Federal Communications Commission.
          Thomas Horan,
          Chief of Staff, Media Bureau.

        Proposed Rule
        For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows:

          PART 73—RADIO BROADCAST SERVICE

        1. The authority citation for part 73 continues to read as follows:

          Authority:
           47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

        2. In § 73.622 in paragraph (i) amend the Post-Transition Table of DTV Allotments under Georgia by revising the entry for Savannah to read as follows:

          § 73.622
           Digital television table of allotments.

          (i) * * *

              Community
              Channel No.

              *    *    *    *    *

                Georgia

              *    *    *    *    *

              Savannah
              * 9, 22, 23, 39.

              *    *    *    *    *

      [FR Doc. 2021-04635 Filed 3-4-21; 8:45 am]
      BILLING CODE 6712-01-P