        DEPARTMENT OF VETERANS AFFAIRS
        38 CFR Part 21
        RIN 2900-AJ23
        Information Collection Needed in VA's Flight-Training Programs

          AGENCIES:
          Department of Veterans Affairs.

          ACTION:
          Proposed rule.

          SUMMARY:
          We propose to amend our educational assistance and educational benefit regulations concerning flight-training courses for which the Department of Veterans Affairs (VA) pays for eligible students. In this regard, we propose to require that flight schools offering such flight-training courses maintain records regarding students to whom VA makes payments. The proposed rule is intended to provide information to VA for determining compliance with requirements for VA payments to students for pursuing flight-training courses. Also, when VA, rather than a separate State entity, is the approving agency, the proposed rule is intended to provide information to VA for determining whether to approve a flight-training course.

          DATES:
          Comments must be received on or before June 2, 2000.

          ADDRESSES:
          Mail or hand-deliver written comments to: Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154, Washington, DC 20420; or fax comments to (202) 273-9289; or e-mail comments to “OGCRegulations@mail.va.gov”. Comments should indicate that they are submitted in response to “RIN 2900-AJ23.” All comments received will be available for public inspection in the Office of Regulations Management, Room 1158, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).

          FOR FURTHER INFORMATION CONTACT:
          William G. Susling, Jr., Education Advisor, Education Service, Veterans Benefits Administration, Department of Veterans Affairs, 202-273-7187.

        SUPPLEMENTARY INFORMATION:
        VA payments are provided to eligible individuals for pursuit of approved flight-training courses under the Montgomery GI Bill—Active Duty, Montgomery GI Bill—Selective Reserve, and Post-Vietnam Era Veterans' Educational Assistance programs.
        Educational institutions are required to make available for Government inspection records and accounts, pertaining to veterans who received VA educational assistance, which VA determines necessary to ascertain institutional compliance with requirements for assistance (38 U.S.C. 3676 and 3690(c)). We propose to add 38 CFR 21.4263(h)(3), which would require that flight schools offering approved flight-training courses maintain records as set out in the text portion of this document: i.e., various certificates, flight records, logs, invoices, account ledgers, instructor records, tuition records, and course and training records. It appears that these records regarding students receiving VA flight-training benefits are necessary to assist VA in determining that courses and students meet all requirements for payment of such benefits.
        In addition, proposed § 21.4263(h)(3) requires flight schools to maintain those records under 38 U.S.C. 3676(b) and 3676(c)(4), (c)(5), (c)(6), (c)(7), and (c)(13) when VA, rather than a separate State approving agency, is the approving authority for flight-training courses. Maintaining the records specified in the proposed rule appears necessary to assist VA, when it is the approving authority, in determining whether it should approve a course.
        This document also makes technical changes for purposes of clarification.
        Paperwork Reduction Act
        Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), a collection of information is set forth in the proposed 38 CFR 21.4263(h)(3). Accordingly, under section 3507(d) of the Act, VA has submitted a copy of this rulemaking action to the Office of Management and Budget (OMB) for its review of the proposed collection of information.
        OMB assigns control numbers to collections of information it approves. VA may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
        Comments on the proposed collection of information should be submitted to the Office of Management and Budget, Attention: Desk Officer for the Department of Veterans Affairs, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies mailed or hand-delivered to the Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should indicate that they are submitted in response to “RIN 2900-AJ23.”

          Title: Recordkeeping at Flight Schools.

          Summary of collection of information: Proposed § 21.4263(h)(3) specifies records that flight schools are required to maintain to show that the courses and students are in compliance with requirements for payment of VA benefits and to maintain for VA approval purposes under 38 U.S.C. 3676(b) and 3676(c)(4), (c)(5), (c)(6), (c)(7), and (c)(13) when VA, rather than a separate State approving agency, is the approving authority for the particular flight-training courses.

          Description of need for information and proposed use of information: The records appear necessary to assist VA in determining that courses and students meet all requirements for payment to students of VA flight-training benefits and, in cases when VA is the approving authority for flight-training courses, to assist VA in determining whether to approve a course.

          Description of likely respondents: Flight schools.

          Estimated number of respondents: 310 per year.

          Estimated frequency of responses: On occasion.

          Estimated burden per collection: 1/3 hour.

          Estimated total annual reporting and recordkeeping burden: 667 hours.
        The Department considers comments by the public on proposed collections of information in—

        Evaluating whether the proposed collections of information are necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; Evaluating the accuracy of the Department's estimate of the burden of the proposed collections of information, including the validity of the methodology and assumptions used; Enhancing the quality, usefulness, and clarity of the information to be collected; and Minimizing the burden of the collections of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

        OMB is required to make a decision concerning the collection of information contained in this proposed rule between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. This does not affect the deadline for the public to comment to the Department on the proposed rule.
        Regulatory Flexibility Act
        The Secretary of Veterans Affairs hereby certifies that the adoption of this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. Adoption of this proposed rule would have a minuscule monetary effect, if any, on affected entities. Pursuant to 5 U.S.C. 605(b), this proposed rule, therefore, is exempt from the initial and final regulatory flexibility analyses requirements of sections 603 and 604.
        The Catalog of Federal Domestic Assistance numbers for programs affected by this proposed rule are 64.120 and 64.124. This proposed rule would also affect the Montgomery GI Bill—Selected Reserve program which has no Catalog of Federal Domestic Assistance number.

          List of Subjects in 38 CFR Part 21
          Administrative practice and procedure, Armed forces, Civil rights, Claims, Colleges and universities, Conflict of interests, Defense Department, Education, Employment, Grant programs-education, Grant programs-veterans, Health care, Loan programs-education, Loan programs-veterans, Manpower training programs, Reporting and recordkeeping requirements, Schools, Travel and transportation expenses, Veterans, Vocational education, Vocational rehabilitation.

          Approved: March 23, 2000.
          Togo D. West, Jr.,
          Secretary of Veterans Affairs.

        For the reasons set forth in the preamble, VA proposes to amend 38 CFR part 21 (subparts D and L) as follows:

          PART 21—VOCATIONAL REHABILITATION AND EDUCATION

            Subpart D—Administration of Educational Assistance Programs

          1. The authority citation for part 21, subpart D continues to read as follows:

            Authority:
             10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, unless otherwise noted.

            21.4152
            [Amended]
            2. In § 21.4152, the introductory text of paragraph (b) is amended by removing “on VA.”  and adding, in its place, “on VA:”; and paragraph (b)(4) is amended by removing “ § 21.4209.” and adding, in its place, §§ 21.4209 and 21.4263.”
            3. In § 21.4263, paragraph (h)(3) is added to read as follows: § 21.4263 Approval of flight training courses.

            (h) Nonaccredited courses. * * *
            (3) A flight school must keep at a minimum the following records for each eligible veteran, servicemember, or reservist pursuing flight training:
            (i) A copy of his or her private pilot certificate;
            (ii) Evidence of completion of any prior training which may be a prerequisite for the course;
            (iii) A copy of the medical certificate required by paragraph (a)(2) of this section for the courses being pursued and copies of all medical certificates (expired or otherwise) needed to support all periods of prior instruction received at the current school;
            (iv) A daily flight log or copy thereof;
            (v) A permanent ground school record;
            (vi) A progress log;
            (vii) An invoice of flight charges for individual flights or flight lessons for training conducted on a flight simulator or advanced flight training device;
            (viii) Daily flight sheets identifying records upon which the 85-15 percent ratio may be computed;
            (ix) A continuous meter record for each aircraft;
            (x) An invoice or flight tickets signed by the student and instructor showing hour meter reading, type of aircraft, and aircraft identification number;
            (xi) An accounts receivable ledger;
            (xii) Individual instructor records;
            (xiii) Engine log books;
            (xiv) A record for each student above the private pilot level stating the name of the course in which the student is currently enrolled and indicating whether the student is enrolled under 14 CFR part 61, part 63, part 141, or part 142;
            (xv) Records of tuition and accounts which are evidence of tuition charged and received from all students; and
            (xvi) If training is provided under 14 CFR part 141, the records required by that part, or if training is provided under 14 CFR part 142, the records required by that part.

              (Authority: 38 U.S.C. 3471, 3671, 3672, 3676, 3690(c))

            Subpart L—Educational Assistance for Members of the Selected Reserve

          4. The authority citation for part 21, subpart L continues to read as follows:

            Authority:
            10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, unless otherwise noted.

            21.7807
            [Amended]
            5. Section 21.7807 is amended by removing § 21.4209 and adding, in its place, §§ 21.4209 and 21.4263.

      [FR Doc. 00-8072 Filed 3-31-00; 8:45 am]
      BILLING CODE 8320-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Parts 223 and 224
        RIN 0648-XJ00 and RIN 0648-XN50
        Endangered and Threatened Wildlife and Plants; Proposed Listing Determinations for Five Distinct Population Segments of Atlantic Sturgeon; Extension of Public Comment Period

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

          ACTION:
          Proposed rule; extension of public comment period.

          SUMMARY:
          NMFS hereby extends the comment period on the proposed listing of five distinct population segments (DPSs) of Atlantic sturgeon as endangered or threatened until February 3, 2011. The five DPSs were proposed for listing in two separate proposed listing determinations, published on October 6, 2010.

          DATES:
          Comments and information regarding the proposed rules published October 6, 2010 (75 FR 61872; 75 FR 61904) must be received by February 3, 2011.

          ADDRESSES:
          You may submit comments, identified by RIN 0648-XJ00 or RIN 0648-XN50, by any of the following methods:
          • Federal eRulemaking Portal: http//www.regulations.gov. Follow the instructions for submitting comments.
          • Fax: To the attention of Lynn Lankshear at (978) 281-9394 for RIN 0648-XJ00, or to Kelly Shotts at (727) 824-5309 for RIN 0648-XN50.
          • Mail or hand-delivery: For RIN 0648-XJ00, submit written comments to the Assistant Regional Administrator for Protected Resources, NMFS, Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. For RIN 0648-XN50, submit written comments to the Assistant Regional Administrator for Protected Resources, NMFS, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.

            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.

          We will accept anonymous comments (enter “n/a” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          The proposed rule, status review report, and other reference materials regarding this determination are available electronically at the NMFS Web sites http://www.nero.noaa.gov/prot_res/CandidateSpeciesProgram/cs.htm, and http://www.sero.nmfs.noaa.gov/pr/sturgeon.htm.

          FOR FURTHER INFORMATION CONTACT:
          Lynn Lankshear, NMFS, Northeast Regional Office (978) 282-8473; Kimberly Damon-Randall, NMFS, Northeast Regional Office (978) 282-8485; Kelly Shotts, NMFS, Southeast Regional Office (727) 824-5312; or Lisa Manning, NMFS, Office of Protected Resources (301) 713-1401.

        SUPPLEMENTARY INFORMATION:

        On October 6, 2010, we, NMFS, published two proposed rules (75 FR 61872; 75 FR 61904) to list the Gulf of Maine DPS of Atlantic sturgeon as threatened and the New York Bight, Chesapeake Bay, Carolina, and South Atlantic DPSs as endangered under the Endangered Species Act of 1973 (ESA), as amended.
        NMFS subsequently received requests to extend the public comment period for an additional 90 days. NMFS has determined that an extension of 30 days, until February 3, 2011, making the full comment period 120 days, will allow adequate time for the public to thoroughly review and comment on the proposed rules while still providing the agency with sufficient time to meet our statutory deadlines.

          Authority:
          16 U.S.C. 1531 et seq.

          Dated: December 23, 2010.
          Eric C. Schwaab,
          Assistant Administrator for Fisheries, National Marine Fisheries Service.

      [FR Doc. 2010-32967 Filed 12-29-10; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Parts 300 and 635
        [Docket No. 120510051-2156-01]
        RIN 0648-BC16
        Atlantic Highly Migratory Species; Lifting Trade Restrictive Measures

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes to adjust the regulations governing the trade of tuna and tuna-like species in the North and South Atlantic Ocean to implement recommendations adopted at the 2011 meeting of the International Commission for the Conservation of Atlantic Tunas (Commission). The proposed rule would lift the trade restrictions on importing bigeye tuna from Bolivia and Georgia. Additionally, the proposed rule would make administrative changes to the section containing species-specific harmonized tariff codes in support of the International Trade Program.

          DATES:
          Written comments must be received on or before July 26, 2012.

          ADDRESSES:
          You may submit comments, identified by “NMFS-NOAA-2012-0117”, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal, http://www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the “submit a comment” icon, then enter “NOAA-NMFS-2012-0117” in the keyword search. Locate the document you wish to comment on from the resulting list and click on the “Submit a Comment” icon on the right of that line.
          • Fax: 978-281-9347, Attn: Tom Warren.
          • Mail: Thomas Warren, Highly Migratory Species Management Division, NMFS, 55 Great Republic Drive, Gloucester, MA 01930.
          • Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, or to any other address or individual, or received after the end of the comment period, may not be considered. 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 or Excel, WordPerfect, or Adobe PDF file formats only. To be considered, electronic comments must be submitted via the Federal eRulemaking Portal http://www.regulations.gov. Do not submit electronic comments to individual NMFS staff.

          Copies of the 2006 Consolidated Highly Migratory Species Fishery Management Plan (Consolidated HMS FMP) and other relevant documents are available from the Highly Migratory Species Management Division Web site at www.nmfs.noaa.gov/sfa/hms.

          FOR FURTHER INFORMATION CONTACT:
          Tom Warren at 978-281-9260, or LeAnn Hogan at 301-427-8503.

        SUPPLEMENTARY INFORMATION:
        The U.S. Atlantic tuna fisheries are managed under the Consolidated HMS FMP and regulations at 50 CFR part 635, pursuant to the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Atlantic Tunas Convention Act (ATCA). Under ATCA, the Secretary shall promulgate such regulations as may be necessary and appropriate to carry out ICCAT Recommendations.
        Trade Measures

        In 2002 and 2003, the Commission adopted binding measures for Parties to prohibit the imports of Atlantic bigeye tuna and its products from Bolivia and Georgia, respectively. Specifically, Recommendations 02-17 and 03-18 prohibited the imports to address illegal, unreported, and unregulated catches of tuna (especially bigeye tuna) by large-scale Bolivian and Georgian longline vessels that operated in a manner that diminished the effectiveness of the Commission measures. Recommendation 02-17 expressed concern regarding the overfished status of bigeye tuna in the Atlantic Ocean and noted the Commission had reviewed information that Bolivian vessels fishing for Atlantic bigeye tuna had continued to operate in a manner that diminished the effectiveness of the Commission conservation and management measures. Similarly, Recommendation 03-18 expressed concern regarding the overfished status of bigeye tuna in the Atlantic Ocean, and the Commission had reviewed information that Georgian vessels had continued to operate in a manner that diminished the effectiveness of Commission conservation and management measures. Therefore, in 2004, NMFS published a final rule (69 FR 70396; December 6, 2004) that implemented the Commission recommendations. The final rule stated that when Bolivia or Georgia brought its fishing practices into consistency with the Commission conservation and management measures, NMFS would take action to remove the appropriate import restrictions.
        At its 2011 annual meeting, the Commission examined recent actions of Bolivia and Georgia, and determined that the actions of their vessels no longer diminish the effectiveness of the Commission's conservation and management measures. Some of the relevant considerations of the Commission were as follows:
        • Bolivia and Georgia have been responsive to Commission requests for information on actions taken to control their vessels.
        • Since 2006, Bolivia has not registered any fishing vessels to carry out fishing-related activities in the Convention area, and information available to the Commission has indicated that Bolivia has not fished for Commission species in recent years.
        • Georgia has recently taken action to de-register those of its vessels fishing without authorization in the Convention area and has considered increased participation in the work of the Commission.
        Thus, the Commission adopted Recommendation 11-19, which requires Parties to lift import prohibitions on Atlantic bigeye tuna from Bolivia and Georgia as soon as possible in accordance with domestic procedures. When the import prohibitions were implemented in the 2004 final rule, neither Bolivia nor Georgia had exported Atlantic bigeye tuna to the United States in the past 10 years; therefore, NMFS determined that the import prohibitions would have no socioeconomic impact on fishery participants. Because there were no imports of Atlantic bigeye tuna from these countries prior to the implementation of the prohibitions, and because NMFS does not expect imports in the future, NMFS does not expect that lifting the prohibitions would result in socioeconomic impacts on U.S. entities. Thus, we consider lifting the Atlantic bigeye tuna import prohibitions in this rule to be administrative in nature.
        Consistent with the regulations at 50 CFR 635.40(c), for 1 year after the date of filing of the final rule lifting the import restrictions, every shipment of fish in any form that was subject to the import restrictions will continue to be denied entry, unless the shipment is accompanied by a certification executed by an authorized official of the country of export and authenticated by a consular officer or consular agent of the United States certifying that no portion of the shipment is composed of fish taken prior to or during the import restriction.
        Harmonized Tariff Codes

        NMFS also proposes administrative changes in support of the International Trade Permit program. Importers, exporters, and re-exporters of Atlantic, Pacific, and Southern bluefin tuna, swordfish, frozen bigeye tuna, and shark fins must obtain an International Trade Permit consistent with regulations at 50 CFR part 300, subpart M. Permit holders must include the species-specific harmonized tariff codes on the necessary trade documentation when trading these species. The Harmonized System is an international product nomenclature system developed by the World Customs Organization. It is updated every 5 years, and the most recent update occurred in 2012, with subsequent modifications to the Harmonized Tariff Schedule of the United States. Thus, the section of the regulations that include harmonized tariff codes for highly migratory species products located at 50 CFR 300.184 should be changed accordingly. The proposed changes are not expected to have economic impacts because they are administrative in nature and do not alter the permit holders' substantive obligations; rather, the proposed changes would simply update the harmonized tariff codes to ensure that permit holders have the most recent information in order to simplify compliance with the regulations. The Harmonized Tariff Schedule of the United States is published by the U.S. International Trade Commission. The portion pertaining to fish, including HMS species (chapter 3), is available at the following Web site: http://www.usitc.gov/publications/docs/tata/hts/bychapter/1202C03.pdf.

        Request for Comments
        Comments on this proposed rule may be submitted via http://www.regulations.gov, mail, or fax. NMFS solicits comments on this proposed rule by July 26, 2012.
        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 2006 Consolidated HMS FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Chief Council for Regulation of the Department of Commerce certified to the Chief Council for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
        This proposed rule is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (Commission), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Under ATCA, the Secretary shall promulgate such regulations as may be necessary and appropriate to carry out Commission recommendations.
        In 2002 and 2003, the Commission adopted binding measures to prohibit the imports of Atlantic bigeye tuna and its products from Bolivia and Georgia, respectively. Specifically, Recommendations 02-17 and 03-18 prohibited the imports to address the issue of unreported and unregulated catches of tuna (especially bigeye tuna) by large-scale Bolivian and Georgian longline vessels that operated in a manner that diminished the effectiveness of Commission measures. In 2004, the National Marine Fisheries Service (NMFS) published a final rule (69 FR 70396; December 6, 2004) implementing the recommendations.

        At its 2011 annual meeting, the Commission determined that Bolivian and Georgian vessels no longer diminish the effectiveness of the Commission's conservation and management measures. As a result, the Commission adopted Recommendation 11-19, which requires Parties to lift import prohibitions on Atlantic bigeye tuna from Bolivia and Georgia as soon as possible in accordance with domestic procedures. Prior to 2004, neither Bolivia nor Georgia had exported Atlantic bigeye tuna to the United States in the past 10 years, so NMFS determined that the import prohibitions would have no socioeconomic impact on fishery participants. Because there were no imports of Atlantic bigeye tuna from these countries prior to the implementation of the prohibitions, and because NMFS does not anticipate imports in the future, NMFS does not expect that lifting the prohibitions would result in socioeconomic impacts on U.S. entities. Thus, we consider the lifting of the Atlantic bigeye tuna import prohibitions in this rule to be administrative in nature.
        In this rulemaking, we would also consider administrative changes in support of the International Trade Permit (ITP) program. Importers, exporters and re-exporters of Atlantic, Pacific and Southern bluefin tuna, swordfish, frozen bigeye tuna, and shark fins must obtain an ITP consistent with regulations at 50 CFR part 300, subpart M. There are currently 241 small entities that hold an ITP. Permit holders must include the species-specific harmonized tariff codes on the necessary trade documentation when trading these species. The Harmonized System is an international product nomenclature system developed by the World Customs Organization. It is updated every 5 years, and the most recent update occurred in 2012, with subsequent modifications to the Harmonized Tariff Schedule of the United States. Because 50 CFR 300.184 currently lists the previous harmonized tariff codes for highly migratory species products, the regulations need to be changed to be consistent with the recent changes to the Harmonized Tariff Schedule of the United States. These proposed administrative changes are not expected to have economic impacts because they do not create or alter any substantive obligations for ITP holders or other regulated entities; rather, the changes are necessary in order to maintain consistency with current trade regulations and to ensure that ITP holders have the most recent information in order to simplify compliance with the regulations.
        As described above, the proposed changes in this rule are administrative in nature and, if implemented, would not have a significant economic impact on a substantial number of small entities. Because the proposed changes would not have a significant impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects
          50 CFR Part 300
          Antarctica, Canada, Exports, Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, Reporting and recordkeeping requirements, Russian Federation, Transportation, Treaties, Wildlife.
          50 CFR Part 635
          Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties.

          Dated: June 21, 2012.
          Paul N. Doremus,
          Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR parts 300 and 635 are proposed to be amended as follows:

          PART 300—INTERNATIONAL FISHERIES REGULATIONS
          1. The authority citation for part 300 continues to read as follows:

            Authority:
            16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.

          2. Section 300.184 is revised to read as follows:

            § 300.184
            Species subject to permitting, documentation, reporting, and recordkeeping requirements.
            (a) Except as noted at (b), the following fish or fish products are subject to the requirements of this subpart, regardless of ocean area of catch, and must be accompanied by the appropriate heading or subheading numbers from the Harmonized Tariff Schedule of the United States (HTS).
            (1) bluefin tuna,
            (2) southern bluefin tuna,
            (3) frozen bigeye tuna,
            (4) swordfish, and
            (5) shark fins.
            (b) For bluefin tuna, southern bluefin tuna, frozen bigeye tuna, and swordfish, fish parts other than meat (e.g., heads, eyes, roe, guts, and tails) may be imported without documentation.

          PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES
          3. The authority citation for part 635 continues to read as follows:

            Authority:
             16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

            § 635.41
            [Amended]
            4. In § 635.41, remove and reserve paragraph (a).

      [FR Doc. 2012-15582 Filed 6-25-12; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 140903744-5015-01]
        RIN 0648-BE46
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery of the Gulf of Mexico; Amendment 16

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes regulations to implement Amendment 16 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico (Gulf) Fishery Management Council (Council). If implemented, this proposed rule would revise the annual catch limit (ACL) for royal red shrimp, remove the royal red shrimp quota, and revise the accountability measures (AMs) for royal red shrimp to remove an inconsistency in the regulations. The intent of this rule is to prevent overfishing of the royal red shrimp resource while helping to achieve optimum yield and reconcile conflicting Federal regulations.

          DATES:
          Written comments must be received on or before February 25, 2015.

          ADDRESSES:
          You may submit comments on the proposed rule, identified by “NOAA-NMFS-2014-0030” by any of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0030, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to Susan Gerhart, Southeast Regional Office, NMFS, 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 the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

          Electronic copies of Amendment 16, which includes an environmental impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/shrimp/2014/am16/index.html.

          FOR FURTHER INFORMATION CONTACT:
          Susan Gerhart, telephone: 727-824-5305, or email: Susan.Gerhart@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        The shrimp fishery in the Gulf is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
        Background

        The FMP was established in 1981, and the maximum sustainable yield for royal red shrimp was estimated at 392,000 lb (177.9 mt), tail weight, annually and specified as a fixed annual quota (46 FR 27489, May 20, 1981). This quota has remained in effect since that time. The Federal shrimp permit for the commercial harvest of penaeid shrimp in the Gulf exclusive economic zone (EEZ) has been placed under a moratorium since 2007 (71 FR 56039, September 26, 2006). The Gulf royal red shrimp endorsement is an endorsement to the Gulf Federal shrimp permit that allows Gulf shrimp permit holders to commercially harvest royal red shrimp in the Gulf EEZ. On January 30, 2012, NMFS implemented regulations developed through the Generic ACL Amendment to multiple fishery management plans, including the Shrimp FMP (December 29, 2011, 76 FR 82044). That amendment included actions to establish the commercial ACL and AM for royal red shrimp. However, the “no action” alternatives and discussions in the Generic ACL Amendment incorrectly stated that there were currently no catch limits or AMs for royal red shrimp, even though a quota and in-season quota closure were in the regulations. As a consequence, through the Generic ACL Amendment, both a royal red shrimp ACL and AM were added to the regulations, but the existing quota and in-season quota closure provision were not removed. On March 11, 2014, NMFS published a notice of intent to prepare a supplemental environmental impact statement for Amendment 16 and requested public comment (79 FR 13623).
        Federal regulations currently include a royal red shrimp ACL of 334,000 lb (151,000 kg), tail weight, and a quota of 392,000 lb (177.8 mt), tail weight. This rule would remove the royal red shrimp quota and update the ACL to 337,000 lb (152,861 kg), tail weight, which is equal to the acceptable biological catch as recommended by the Council's Scientific and Statistical Committee at its March 2014 meeting.
        Federal regulations currently include a royal red shrimp in-season closure if the quota is met or projected to be met, based on in-season monitoring (which functions as an AM), and include an AM that implements in-season monitoring and an ACL closure in the year following any ACL overage. The presence of two AMs in the regulations presents an inconsistency in the management of royal red shrimp. This rule would remove the in-season quota closure associated with the royal red shrimp quota and retain the AM associated with the ACL.
        Gulf royal red shrimp commercial landings have not exceeded the proposed ACL of 337,000 lb (152,861 kg), tail weight, in the past 50 years. There has been a decline in the pounds of royal red shrimp landed over the past 10 years, and the number of vessels actively targeting royal red shrimp during that time has been less than 20 vessels, with fewer than 10 vessels landing royal red shrimp in most years. Therefore, there are likely to be no impacts on the Gulf shrimp fishery or the royal red shrimp stock resulting from this rule.
        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 Amendment 16, the FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows:

        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 Magnuson-Stevens Act provides the basis for this proposed rule.
        This proposed rule is expected to directly affect commercial fishermen holding valid or renewable Federal Gulf shrimp permits with accompanying royal red shrimp endorsements. The SBA established size criteria for all major industry sectors in the U.S. including fish harvesters and for-hire operations. A business involved in shellfish harvesting 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 its combined annual receipts are not in excess of $5.5 million (NAICS code 114112, shellfish fishing) for all of its affiliated operations worldwide.
        The Federal shrimp permit for the commercial harvest of penaeid shrimp in the Gulf exclusive economic zone (EEZ) has been placed under a moratorium since 2007 (71 FR 56039, September 26, 2006). At the start of the moratorium, 1,933 vessels qualified for and received the shrimp permits. Over time, the number of permitted shrimp vessels has declined, and in 2013 there were 1,546 such permitted vessels. The Gulf royal red shrimp endorsement is an endorsement to the Gulf Federal shrimp permit that allows Gulf shrimp permit holders to commercially harvest royal red shrimp in the Gulf EEZ. From 2008 through 2013, the total number of Gulf royal red shrimp endorsements averaged 344 annually, and as of November 26, 2014, there were 288 such endorsements in issuance.
        From 2008 through 2013, the number of vessels with Gulf royal red shrimp endorsements that actually landed royal red shrimp ranged from four to nine and averaged six annually, which is significantly less than the number of vessels issued endorsements for those years. On average, during those years, a vessel with a Gulf royal red shrimp endorsement annually landed 29,688 lb (13,466 kg), tail weight, of royal red shrimp and 101,430 lb (46,008 kg), tail weight, of other shrimp species valued at $170,073 and $428,079, respectively. For the time period, the average vessel generated revenues of $598,152 from all shrimp species. For the period of 2008 through 2013, royal red shrimp accounted for about 17.0 percent to 35.9 percent of all shrimp landings and about 18.7 percent to 44.7 percent of revenues from all shrimp species landed by vessels with royal red shrimp endorsements. All landings are heads off (tail weight) and all dollar values are in 2011 dollars.
        Based on the revenue figures above, all vessels expected to be directly affected by this proposed rule are determined for the purpose of this analysis to be small business entities.
        Since the recording of Gulf royal red shrimp landings started in 1962, the proposed ACL of 337,000 lb (152,861 kg), tail weight, has never been exceeded. In more recent years (2008-2013), royal red shrimp landings averaged about 168,000 lb (76,204 kg), tail weight, annually. Based on historical and current harvest conditions, it is unlikely that the proposed ACL would be reached or exceeded. As a consequence, the AM for royal red shrimp would also unlikely be triggered. This rule removes an inconsistency by eliminating the royal red shrimp quota and maintaining the ACL for triggering the AM, and would have no effects on the profits of affected shrimp vessels. Therefore, it is expected that the measures contained in this proposed rule would have no effects on the profits of any affected shrimp vessels.
        No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this proposed rule. Accordingly, this rule does not implicate the Paperwork Reduction Act.

        The information provided above supports a determination that this rule would not have a significant economic impact on a substantial number of small entities. Because this rule, if implemented, is not expected to have a significant economic impact on any small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 622
          Accountability measures, Annual catch limit, Fisheries, Fishing, Gulf of Mexico, Royal Red Shrimp, Shrimp.

          Dated: January 20, 2015.
          Samuel D. Rauch III,
          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.

          § 622.57
          [Amended]

        2. Section 622.57 is removed and reserved.

        3. In § 622.58, paragraph (a)(1) is revised to read as follows:

          § 622.58
          Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs).
          (a) * * *
          (1) Commercial sector. If commercial landings, as estimated by the SRD, exceed the commercial ACL, then during the following fishing year, if commercial landings reach or are projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of that fishing year. When the commercial sector is closed, royal red shrimp in or from the Gulf EEZ may not be retained, and the sale or purchase of royal red shrimp taken from the Gulf EEZ is prohibited. This prohibition on sale or purchase during a closure for royal red shrimp does not apply to royal red shrimp that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. The commercial ACL for royal red shrimp is 337,000 lb (152,861 kg), tail weight.

      [FR Doc. 2015-01320 Filed 1-23-15; 8:45 am]
      BILLING CODE 3510-22-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 54
        [WC Docket No. 10-90; DA 19-504]
        Connect America Fund

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed action.

          SUMMARY:
          In this document, the Wireline Competition Bureau (Bureau) seeks comment on approaches to identify and resolve apparent discrepancies between the number of model-determined funded locations that Alternative Connect America Model (A-CAM) I and II support recipients are expected to serve (funded locations) and the actual number of locations that support recipients can serve (actual locations).

          DATES:
          Comments are due on or before July 19, 2019. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed below as soon as possible.

          ADDRESSES:
          Pursuant to sections 1.415 and 1.419 of the Federal Communications Commission (Commission's) rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments and reply comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

            Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.

            Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
          Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
           All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.
           Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.
           U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington DC 20554.

            People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

          FOR FURTHER INFORMATION CONTACT:
          Nissa Laughner, Wireline Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.

        SUPPLEMENTARY INFORMATION:

        This is a summary of the Bureau's Public Notice (Notice) in WC Docket No. 10-90; DA 19-504, released on June 5, 2019. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY-A257, 445 12th Street, SW, Washington, DC 20554 or at the following internet address: https://www.fcc.gov/document/corrected-cam-ii-offers-deadline-extension-location-adjustments.

        I. Adjustments of A-CAM Support Due to Number of Locations in Eligible Census Blocks

        1. The Bureau also seeks comment on approaches to identify and resolve apparent discrepancies between the number of model-determined funded locations that A-CAM I and II support recipients are expected to serve (funded locations) and the actual number of locations that support recipients can serve (actual locations). In the 2016 Rate-of-Return Reform Order, 81 FR 24282, April 25, 2016, the Commission stated that “[c]arriers that discover there is a widely divergent number of locations in their funded census blocks as compared to the model should have the opportunity to seek an adjustment to modify the deployment obligations.” The Commission further delegated authority to the Bureau to address these discrepancies “by adjusting the number of funded locations downward and reducing associated funding levels.”
        2. In the 2018 Locations Adjustment Public Notice, 83 FR 49040, September 28, 2018, the Bureau sought comment on the same issue with respect to Connect America Fund Phase II auction support recipients. The Bureau directs interested parties to that Public Notice and asks them to provide comment regarding whether the procedure proposed in that instance would be appropriate for A-CAM recipients. If not, parties are invited to comment on what changes would be necessary to make those procedures appropriate for A-CAM recipients. Comments should address the unique characteristics of A-CAM support recipients as it relates to the locations adjustment issue and should be submitted by the date indicated on the first page of this Notice.
        II. Procedural Matters
        A. Paperwork Reduction Act
        3. This document contains proposed modified information collection requirements. The Bureau, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.
        4. Permit but Disclose Ex Parte Contact. For the purposes of the Commission's ex parte rules, information filed in this proceeding will be treated as initiating a permit-but-disclose proceeding under the Commission's rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g.,.doc,.xml,.ppt, searchable.pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

          Federal Communications Commission.
          D'wana R. Terry,
          Associate Bureau Chief, Wireline Competition Bureau.

      [FR Doc. 2019-14331 Filed 7-3-19; 8:45 am]
       BILLING CODE 6712-01-P