        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration (NOAA)
        50 CFR Part 679
        [Docket No. 000524152-0152-01; I.D. 030100C]
        RIN 0648-AM34
        Fisheries of the Exclusive Economic Zone Off Alaska; Requirement to Use Vessel Monitoring System Transmitter for Atka Mackerel in Aleutian Islands Subarea

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS publishes a proposed rule to require vessels participating in the directed fishery for Atka mackerel in the Aleutian Islands subarea (AI) of the Bering Sea and Aleutian Islands Area to carry and use a Vessel Monitoring System (VMS) transmitter. This action is necessary to enhance monitoring of fishery activities within critical habitat areas. It is intended to further the conservation goals and objectives of the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMP).

          DATES:
          Comments must be received by June 26, 2000.

          ADDRESSES:
          Comments may be mailed to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel. Comments will not be accepted if submitted via e-mail or Internet. Hand or courier delivered comments may be sent to the Federal Building, 709 West 9th Street, Room 453, Juneau, AK 99801. Copies of the Regulatory Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) prepared for this action may be obtained from the same address or by calling the Alaska Region, NMFS, at 907-586-7228. Send comments on collection-of information requirements to the above address and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington DC 20503 (Attn: NOAA Desk Officer).

          FOR FURTHER INFORMATION CONTACT:
          Alan Kinsolving, 907-586-7228.

        SUPPLEMENTARY INFORMATION:
        Background
        The number of Steller sea lions (Eumetopias
          jubatus) in the Bering Sea and Aleutian Islands Management Area has declined significantly during the past several decades and in 1997 NMFS listed the western stock of Steller sea lions as an endangered species. A requirement of the Endangered Species Act is that Federal actions affecting the critical habitat of a listed species must not jeopardize the continued existence of the populations of those species or adversely affect or modify their critical habitat. Atka mackerel is an important prey species for Steller sea lions and stocks adequate for the food needs of Steller sea lions must remain available in Steller sea lion critical habitat. Hence, the Atka mackerel fishery must be managed to provide for the food needs of Steller sea lions and avoid potential jeopardy to them.

        On January 22, 1999, NMFS published a final rule that reduces the percentage of Atka mackerel taken from Steller sea lion critical habitat over a 4-year period in the Western and Central Districts of the AI (64 FR 3446). The final rule also prohibits all trawling for groundfish within areas designated as Steller sea lion critical habitat when NMFS determines that the harvest of Atka mackerel has reached the applicable limits specified in the regulations for the year and district. A critical habitat trawl closure remains in effect until NMFS closes the Atka mackerel fishery in that area.
        The Atka mackerel fishery is a high-volume, low-value fishery pursued by a small group of large factory trawlers, mostly greater than 200 feet (61 m) in length. In 1997, for example, 12 factory trawlers participated in the AI Atka mackerel fishery, with 8 of these vessels accounting for over 80 percent of the retained catch in the fishery. The fishery is highly localized and occurs at depths between 100 and 200 meters in the same few locations each year, most commonly in island passes. Important Atka mackerel fishing locations in the AI include Seguam Pass, Tanaga Pass, Petrel Bank, and the seamounts and reefs near Buldir Island. All of these locations are in or near Steller sea lion critical habitat.
        When critical habitat areas are closed, continued Atka mackerel fishing takes place very close or adjacent to the closed critical habitat areas. The boundaries of these areas are complex, the areas are remote, and the weather is frequently poor. Ensuring that no fishing is taking place inside critical habitat using traditional methods of enforcement, such as aerial surveillance, is difficult. Effective enforcement of these closures will be greatly enhanced if vessels participating in the fishery use a VMS transmitter that automatically and frequently transmits vessel position to NMFS so that vessels fishing near critical habitat can be monitored closely.
        NMFS' intent to implement a VMS in 1999 before the Atka mackerel “B” season, beginning September 1, 1999, was noted in the final rule that established the protective measures (64 FR 3446, January 22, 1999). The North Pacific Fishery Management Council determined that the additional information provided by a VMS program would assist in the management of the Atka mackerel fishery and requested that NMFS develop regulations to implement such a system.
        Under this action, a vessel participating in a directed fishery for Atka mackerel in the AI would be required to have an operating NMFS-approved VMS transmitter on board. These transmitters automatically determine the vessel's location several times per hour using Global Positioning System satellites and send the position information to NMFS via a mobile communication service provider. The VMS transmitters are designed to be tamper-resistant and automatic. In most cases, the vessel owner would be unaware of exactly when the unit was transmitting and would be unable to alter the signal or the time of transmission. NMFS estimates that a NMFS-approved VMS transmitter would cost approximately $1,800 per unit and the charge to the vessel owner for the transmission of VMS position data would be $5 per day.
        The VMS Approval Process
        A VMS consists of a NMFS-approved VMS transmitter that automatically determines the vessel's position and transmits it to a NMFS-approved communications service provider. The communications service provider receives the transmission and relays it to NMFS. On March 31, 1994, NMFS published standards for the use of VMS (59 FR 15180). NMFS will use the criteria described below, which are based on the 1994 standards, to approve VMS transmitters and communication service providers.
        1. The VMS transmitter must be tamper-proof and it must be impossible for the vessel operator to input false position information;
        2. The VMS transmitter must be able to determine, store and transmit vessel position;
        3. The VMS transmitter must allow for regular as well as random automatically generated position reporting. The interval between position reports must be programmable;
        4. Each position report must include: (a) the vessel location, accurate within 400 m; (b) a transmitter identifier that is unique to that transmitter; and (c) the date and time that the vessel position was taken;
        5. The VMS transmitter must be equipped with an onboard alarm system that will alert the vessel crew if the unit malfunctions or is not able to transmit;
        6. The VMS transmitter, in conjunction with the VMS communication service provider, must provide seamless and transparent communications from any location within the exclusive economic zone off Alaska;
        7. The transmitter must be able to fix the vessel's position at least once every 20 minutes and be able to store those positions in local, non-volatile memory until they can be transmitted to, and received by, the communication service provider;
        8. In addition to regular position reports, the VMS transmitter must be capable of transmitting a specially identified status report giving the vessel position whenever the transmitter is powered-up, powered-down, is unable to determine vessel position or has its antenna disconnected;
        9. It must not be possible for the vessel operator to determine when the VMS transmitter is transmitting or taking a position for later transmission;
        10. Transmissions from the VMS transmitter and the communication service provider must be secure, and it must not be possible for unauthorized parties to intercept vessel location information.
        NMFS will publish notice in the Federal Register as VMS components are approved for use. At this time, NMFS believes that only the Argos system is suitable for use in all areas off Alaska. The Argos system uses the ArgoNet Mar GE transmitter in conjunction with the Argos system of polar-orbiting satellites. While there are other space-based communications service providers that provide coverage for waters off Alaska, such as Inmarsat-C, only the Argos system has demonstrated that it offers 100 percent coverage of all areas off Alaska. However, because of the rapid pace of technological change in the field of satellite-based vessel monitoring, NMFS anticipates that other vendors will produce VMS components that meet all NMFS standards in the near future.
        NMFS will contact the owners of all vessels that participated in the AI Atka mackerel fishery in 1998 or 1999 and ensure that they are aware of which VMS transmitters have been approved by NMFS and have received installation instructions. Owners of vessels that wish to participate in AI Atka mackerel fisheries that did not do so in 1997 or 1998 would need to contact the Sustainable Fisheries Division (see ADDRESSES) and request a list of NMFS-approved VMS transmitters. In most instances, NMFS anticipates that the installation of the VMS transmitter would take less than 6 hours. Installation would be the responsibility of the vessel owners.
        This regulatory amendment would require that the owner or operator of a vessel participating in the AI Atka mackerel fishery carry and use a NMFS-approved VMS transmitter at all times when engaging in directed fishing for Atka mackerel. Trawl vessels not carrying properly installed and operating VMS units would be prohibited from retaining Atka mackerel at more than the maximum retainable amount of 20 percent established in regulations at § 679.20(e) and (f) while fishing in the AI subarea.

        This proposed rule would also revise regulations governing Atka mackerel harvest in the Community Development Quota (CDQ) fisheries. Current regulations prohibit any trawling by a CDQ group in the critical habitat areas after the specified percent of the group's annual Atka mackerel CDQ has been reached. These regulations do not allow the CDQ groups to account separately for Atka mackerel catch inside and outside the critical habitat areas, but rather assume that all catch of Atka mackerel is made within the critical habitat areas until the maximum percent is reached and the critical habitat area closes. NMFS proposes to change these requirements so that each CDQ group would be prohibited from catching more than the specified percentage of its Atka mackerel CDQ inside the critical habitat areas. The CDQ groups and NMFS would use catch location data for each haul collected by observers onboard the vessels to determine whether the Atka mackerel was caught inside the critical habitat area. This action will provide greater flexibility to the CDQ groups for management of their Atka mackerel CDQs. Further, these proposed revisions would create a management structure for the CDQ Atka mackerel fishery consistent with the management structure that NMFS intends to propose later in 2000 for management of pollock CDQ fishing in the Bering Sea critical habitat areas.
        Classification
        Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection-of-information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number.
        This proposed rule contains a new collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This collection-of-information requirement has been submitted to OMB for approval. The new information requirements include the requirement to install, maintain, and use a NMFS-approved VMS unit. The public reporting burden for this collection of information is estimated to average 6 hours to install the unit, 4 hours per year to maintain the unit, and 5 seconds per response to transmit data. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
        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 has 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 regarding this burden estimate or any other aspect of the collection of information to NMFS at the previously listed ADDRESS, and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503 (Att: NOAA Desk Officer).
        NMFS prepared an IRFA for this proposed rule pursuant to the requirements of 5 U.S.C. 603, without first determining whether the proposal would have a significant impact on a substantial number of small entities. The following is a summary of the IRFA:
        This action would require that factory trawlers participating in the Aleutian Islands Atka mackerel fishery carry and use a VMS unit. It is intended to facilitate NMFS' ability to ensure that federally managed fisheries not adversely affect designated critical habitat, and it is being promulgated under the authority of the Magnuson-Stevens Act. This action will have a small but negative impact on the approximately 13 factory trawlers that fish for Atka mackerel in the Aleutian Islands. NMFS believes that none of the vessels that fish for Atka mackerel in the Aleutian Islands would qualify as small entities. The preferred alternative would impose a new reporting and recordkeeping requirement on these vessels of approximately 12.1 hours per year per vessel. It would not duplicate, overlap, or conflict with existing Federal rules. In addition to the preferred alternative, NMFS considered a “no action” alternative that would not require the use of VMS units for vessels engaged in directed fishing for Atka mackerel in the Aleutian Islands. This alternative was rejected because it would fail to relieve an unnecessary restriction on vessels participating in other fisheries, and because it would fail to meet NMFS' need to facilitate monitoring and enforcement of Steller sea lion protective measures.
        A copy of the RIR/IRFA can be obtained from NMFS (see ADDRESSES).
        This proposed rule has been determined to be not significant for purposes of E.O. 12866.
        The President has directed Federal agencies to use plain language in their communications with the public, including regulations. To comply with that directive, we seek public comment on any ambiguity or unnecessary complexity arising from the language used in this proposed rule.

          List of Subjects in 50 CFR Part 679
          Alaska, Fisheries, Reporting and recordkeeping requirements.

          Dated: June 6, 2000.
          Bruce C. Morehead,
          Acting Assistant Administrator for Fisheries, National Marine Fisheries Service.

        For the reasons set forth in the preamble, 50 CFR part 679 is proposed to be amended as follows:

          PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
          1. The authority citation for part 679 continues to read as follows:

            Authority:
            16 U.S.C. 773 et
              seq., 1801 et
              seq. and 3631 et
              seq.

          2. In § 679.7, paragraph (a)(2) is revised and a new paragraph (c)(3) is added to read as follows:

            § 679.7
            Prohibitions.
            (a) * * *
            (2) Conduct any fishing contrary to notification of inseason action, closure, or adjustment issued under § § 679.20, 679.21, 679.22 or 679.25.

            (c) * * *
            (3) Use a vessel to participate in a directed fishery for Atka mackerel in the Aleutian Islands subarea unless that vessel carries a NMFS-approved Vessel Monitoring System (VMS) transmitter and complies with the requirements described at § 679.28(f).

            3. In § 679.22, paragraph (a)(8)(iii)(D) is revised to read as follows:

            § 679.22
            Closures.
            (a) * * *
            (8) * * *
            (iii) * * *
            (D) CDQ fishing. Harvesting groundfish CDQ with trawl gear is prohibited within areas designated as Steller sea lion critical habitat in the Western and/or Central Districts of the AI (see Table 1, Table 2, and Figure 4 to part 226 of this title) for the duration of the year when the Regional Administrator announces, by notification in the Federal Register, that the harvest of Atka mackerel within the critical habitat areas by vessels fishing for CDQ groups has reached the applicable percentage specified for the year and district at paragraph (a)(8)(iii)(B) of this section.

            4. In § 679.28, the section heading and paragraph (a) are revised and a new paragraph (f) is added to read as follows:

            § 679.28
            Equipment and operational requirements.
            (a) Applicability. This section contains the requirements for scales, observer sampling stations, bins for volumetric estimates, and vessel monitoring system hardware. This section does not require any vessel or processor to provide this equipment. Such requirements appear elsewhere in this part.

            (f) Vessel Monitoring System (VMS) Requirements. (1) What is a VMS? A VMS consists of a NMFS-approved VMS transmitter that automatically determines the vessel's position and transmits it to a NMFS-approved communications service provider. The communications service provider receives the transmission and relays it to NMFS.
            (2) How are VMS transmitters and communications service providers approved by NMFS? (i) NMFS publishes type approval specifications for VMS components in the Federal Register.
            (ii) Transmitter manufacturers or communication service providers may submit products or services to NMFS for evaluation based on the published specifications.

            (iii) NMFS will publish a list of NMFS-approved transmitters and communication service providers in the Federal Register. As necessary, NMFS will publish amendments to the list of approved components in the Federal Register.
            (3) What are the vessel owner's responsibilities? If you are a vessel owner that must participate in a VMS, you or your crew must:
            (i) Obtain a NMFS-approved VMS transmitter and have it installed onboard your vessel in accordance with the instructions provided by NMFS. You may get a copy of the VMS installation and operation instructions from the Regional Administrator upon request.
            (ii) Activate the VMS transmitter and receive confirmation from NMFS that the VMS transmissions are being received before participating in a fishery requiring the VMS;
            (iii) Continue the VMS transmissions until the fishery requiring VMS has closed or until notified by NMFS staff that you may stop transmissions;
            (iv) Stop fishing immediately if informed by NMFS staff or an authorized officer that NMFS is not receiving position reports from the VMS transmitter;
            (v) Make the VMS transmitter available for inspection by NMFS personnel, observers, or an authorized officer;
            (vi) Ensure that the VMS transmitter is not tampered with, disabled, destroyed, or operated improperly;
            (vii) Pay all charges levied by the communication service provider.
            (2) [Reserved]

      [FR Doc. 00-14775 Filed 6-9-00; 8:45 am]
      BILLING CODE 3510-22-F


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [MB Docket No. 12-235; RM-11670, DA 12-1398]
        Radio Broadcasting Services; Knox City, TX

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:

          This document proposes to amend the FM Table of Allotments. The Commission requests comment on a petition filed by Big Cat Broadcasting, LLC, proposing to amend the Table of Allotments by substituting Channel 277A for vacant Channel 291A, at Knox City, Texas. The proposal is part of a contingently filed “hybrid” application and rule making petition. Channel 277A can be allotted at Knox City, Texas, in compliance with the Commission's minimum distance separation requirements at a site with reference coordinates of 33-33-08 North Latitude and 99-49-38 West Longitude. See
            SUPPLEMENTARY INFORMATION
            infra.

          DATES:
          The deadline for filing comments is October 15, 2012. Reply comments must be filed on or before October 30, 2012.

          ADDRESSES:
          You may submit comments, identified by MB Docket No. 12-235 by any of the following methods:

            Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

            People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

          In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: A. Wray Fitch, III, Esq., Gammon & Grange, P.C., 8280 Greensboro Drive, 7th Floor, McLean, Virginia 22102-3807.

          FOR FURTHER INFORMATION CONTACT:
          Deborah A. Dupont, Media Bureau (202) 418-7072.

        SUPPLEMENTARY INFORMATION:
        This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 12-235, adopted August 23, 2012, and released August 24, 2012. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY-A257), 445 12th Street SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, (800) 378-3160, or via the company's Web site, www.bcpiweb.com. This document does not contain proposed 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).

        The Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.

        For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Radio, Radio broadcasting.

          Federal Communications Commission.
          Nazifa Sawez,
          Assistant Chief, Audio Division, Media Bureau.

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

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for part 73 continues to read as follows:

            Authority:
             47 U.S.C. 154, 303, 334, 336 and 339.

            § 73.202
            [Amended]
            2. Section 73.202(b), the Table of FM Allotments under Texas, is amended by removing 291A and adding 277A at Knox City.

      [FR Doc. 2012-21859 Filed 9-21-12; 8:45 am]
      BILLING CODE 6712-01-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 08-2161; MB Docket No. 08-103; RM-11441]
        Television Broadcasting Services; Augusta, GA

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Commission requests comments on a channel substitution proposed by Southeastern Media Holdings, Inc. (“SMH”), the permittee of WFXG-DT, post-transition digital channel 51, Augusta, Georgia. SMH requests the substitution of digital channel 31 for post-transition digital channel 51 at Augusta.

          DATES:
          Comments must be filed on or before November 13, 2008, and reply comments on or before November 28, 2008.

          ADDRESSES:
          Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Harry C. Martin, Esq., Fletcher, Heald & Hildreth, PLC, 1300 North 17th Street, 11th Floor, Arlington, VA 22209.

          FOR FURTHER INFORMATION CONTACT:
          Shaun A. Maher, shaun.maher@fcc.gov, Media Bureau, (202) 418-1600.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's Notice of Proposed Rule Making, MB Docket No. 08-103, adopted September 25, 2008, and released September 30, 2008. The full text of this document is available for public inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-478-3160 or via e-mail http://www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). This document does not contain proposed 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 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rulemaking is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.
        For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Television, Television broadcasting.

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

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for part 73 continues to read as follows:

            Authority:
            47 U.S.C. 154, 303, 334, 336.

            § 73.622(i)
            [Amended]
            2. Section 73.622(i), the Post-Transition Table of DTV Allotments under Georgia, is amended by adding channel 31 and removing channel 51 at Augusta.

            Federal Communications Commission.
            Clay C. Pendarvis,
            Associate Chief, Video Division, Media Bureau.

       [FR Doc. E8-24289 Filed 10-10-08; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 14
        RIN 1018-AT69
        Regulations To Implement the Captive Wildlife Safety Act

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule; reminder.

          SUMMARY:

          We, the U.S. Fish and Wildlife Service, publish a followup document to our proposed rule to implement the Captive Wildlife Safety Act (CWSA), which published in the Federal Register on January 31, 2006. We want to remind the public that the addresses for comments on the proposed rule are different from the addresses for comments on the information collection aspects of the proposed rule.

          DATES:
          Submit comments on our proposed rule or on the proposed information collection in our proposed rule by March 2, 2006.

          ADDRESSES:

            See
            SUPPLEMENTARY INFORMATION.

          FOR FURTHER INFORMATION CONTACT:
          Kevin Garlick, Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, OLE, at (703) 358-1949.

        SUPPLEMENTARY INFORMATION:

        We published a proposed rule to implement the Captive Wildlife Safety Act (CWSA) in the Federal Register on January 31, 2006 (71 FR 5041). With this followup document, we want to draw the public's attention to the fact that the addresses we provided in 71 FR 5041 for comments on the proposed rule are different from the addresses we provided for comments on the information collection contained in the proposed rule. We are not changing any of the addresses or providing any new ones, just reminding the public which addresses are for which purposes.
        The following are ways to submit your comments. Identify all your comments and materials by RIN 1018-AT69.
        Submitting Comments on the Proposed Rule

        You may submit comments and materials on our proposed rule (71 FR 5041), but not on the information collection aspects, by any one of the following methods:
        1. U.S. mail: Special Agent in Charge, Branch of Investigations, U.S. Fish and Wildlife Service, Office of Law Enforcement (OLE), 4501 North Fairfax Drive, MS 3000, Arlington, Virginia 22203.
        2. Fax: Special Agent in Charge, Branch of Investigations, OLE, 703-358-2271.
        3. Hand-delivery: U.S. Fish and Wildlife Service, OLE, 4501 North Fairfax Drive, Suite 3000, Arlington, VA (this option is available between the hours of 8 a.m. and 4 p.m., Monday through Friday).
        4. Internet: Go to the Federal eRulemaking portal at: http://www.regulations.gov and follow the instructions for submitting comments for RIN 1018-AT69.
        If you have already submitted your comments on the proposed rule by one of the above methods, they have become part of the administrative record for this rulemaking action and you do not need to resubmit them.
        Submitting Comments on the Information Collection

        Send any comments on the information collection contained in our proposed rule (not the proposed rule in general) to both of the following entities:
        1. Desk Officer for the Department of the Interior, OMB-OIRA, Office of Management and Budget (OMB). Use one of the following methods:

          (a) Fax: Desk Officer for the Department of the Interior, OMB-OIRA, 202-95-6566.

          (b) E-mail: OIRA_DOCKET@OMB.eop.gov.

        2. Hope Grey, Information Collection Clearance Officer, U.S. Fish and Wildlife Service. Use one of the following methods:

          (a) U.S. Mail: Hope Grey, Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222-ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203.

          (b) Fax: Hope Grey, Information Collection Clearance Officer, US-FWS, 703-358-2269.

          (c) E-mail: hope_grey@fws.gov.

          Dated: February 16, 2006.
          Sara Prigan,
          Federal Register Liaison, Fish and Wildlife Service.

      [FR Doc. 06-1674 Filed 2-17-06; 12:45 pm]
      BILLING CODE 4310-55-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 03-489, MB Docket No. 03-48, RM-10559]
        Television Broadcast Service; Brawley, CA

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule.

          SUMMARY:
          The Commission requests comments on a petition filed by the Board of Trustees for the California State University for San Diego State University, proposing the substitution of channel *43 for channel *26. TV Channel *43 can be allotted to Brawley with a minus offset at reference coordinates 33-05-00 N. and 115-32-00 W. Since the community of Brawley is located within 275 kilometers of the U.S.-Mexican border, concurrence from the Mexican government must be obtained for this allotment.

          DATES:
          Comments must be filed on or before April 21, 2003, and reply comments on or before May 6, 2003.

          ADDRESSES:
          Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner, or its counsel or consultant, as follows: Margaret L. Miller, Low, Lohnes & Albertson, PLLC, 1200 New Hampshire Avenue, NW., Suite 800, Washington, DC 20036-6802 (Counsel for petitioner).

          FOR FURTHER INFORMATION CONTACT:
          Pam Blumenthal, Media Bureau, (202) 418-1600.

        SUPPLEMENTARY INFORMATION:

        This is a synopsis of the Commission's notice of proposed rule making, MB Docket No. 03-48, adopted February 21, 2003, and released February 27, 2003. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC, 20554. This document may also be purchased from the Commission's duplicating contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY—B402, Washington, DC, 20554, telephone 202-863-2893, facsimile 202-863-2898, or via-e-mail qualexint@aol.com.

        Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding.

        Members of the public should note that from the time a notice of proposed rule making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.

        For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420.

          List of Subjects in 47 CFR Part 73
          Television broadcasting.

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

          PART 73—RADIO BROADCAST SERVICES
          1. The authority citation for part 73 continues to read as follows:

            Authority:
            47 U.S.C. 154, 303, 334 and 336.

            § 73.606
            [Amended]
            2. Section 73.606(b), the Table of Television Allotments under California, is amended by removing Channel *26 and adding Channel *43 at Brawley.

            Federal Communications Commission.
            Barbara A. Kreisman,
            Chief, Video Division, Media Bureau.

      [FR Doc. 03-5243 Filed 3-5-03; 8:45 am]
      BILLING CODE 6712-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [I.D. 020503A]
        Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Scoping Process; Correction

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

          ACTION:
          Notice of intent to prepare an environmental impact statement (EIS); notice of scoping meeting; request for comments; correction.

          SUMMARY:

          NMFS published a notification announcing that the Mid-Atlantic and New England Fishery Management Councils (Councils) intended to prepare jointly, in cooperation with NMFS, an EIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative measures for managing the spiny dogfish  (Squalus acanthias) fishery pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA).  The Councils are developing Amendment 1 to the Spiny Dogfish Fishery Management Plan (FMP) to address rebuilding targets and timeframes, methods to estimate discard mortality and reduce discarding, the quota allocation scheme, and other potential management measures as well.  The notification announced a public process for determining the scope of issues to be addressed and for identifying the significant issues relating to management of spiny dogfish and requested public participation in the process.    The intent of this document is to correct the date of the scoping meeting announced in the February 18, 2003, published notification.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Daniel T. Furlong, Mid-Atlantic Fishery Management Council, 302-674-2331.

        SUPPLEMENTARY INFORMATION:

        On February 18, 2003, NMFS published the notice of intent to prepare an EIS in the Federal Register (68 FR 7749).  In addition to issues related to the preparation of the EIS, NMFS announced a scoping meeting to be held on Monday, March 17, 2003, at 7 p.m., at the Sheraton Oceanfront Hotel (36th Street & Atlantic Ave.), in Virginia Beach, VA.   This document corrects the date of the scoping meeting from March 17, 2003, to March 18, 2003, at 7 p.m. at the same location.
        Need for Correction
        As published, the document of February 18, 2003 (68 FR 7740), which was the subject of document FR Doc. 03-3845, is corrected as follows:
        1.  On page 7749,  third column, under DATES,  third line, remove “Monday, March 17,” and add “Tuesday, March 18,” in its place.
        2.  On page 7749, third column, second paragraph, under ADDRESSES, second line, remove “March 17, “ and add “March 18,” in its place.
        3.  On page 7750, second column, under Public Scoping Meeting Schedule, third line down, remove “March 17” and insert “March 18”.

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

          Dated: February 24, 2003.
          Bruce C. Morehead,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 03-4821 Filed 2-28-03; 8:45 am]
      BILLING CODE 3510-22-S


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R03-OAR-2008-0736; FRL-8732-2]
        Approval and Promulgation of Air Quality Implementation Plans; The Metropolitan Washington Nonattainment Area; Determination of Attainment of the Fine Particle Standard

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:

          EPA is proposing to determine that the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 fine particle (PM2.5) National Ambient Air Quality Standard (NAAQS) has attained the 1997 PM2.5 NAAQS. This proposed determination is based upon quality assured, quality controlled, and certified ambient air monitoring data that show that the area has monitored attainment of the 1997 PM2.5 NAAQS since the 2004-2006 monitoring period, and continues to monitor attainment of the standard based on 2005-2007 data. In addition, quality controlled and quality assured monitoring data for 2008 that are available in the EPA Air Quality System (AQS) database, but not yet certified, show this area continues to attain the 1997 PM2.5 NAAQS. If this proposed determination is made final, the requirements for this area to submit an attainment demonstration and associated reasonably available measures, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans (SIPs) related to attainment of the standard shall be suspended for so long as the area continues to attain the 1997 PM2.5 NAAQS.

          DATES:
          Written comments must be received on or before November 21, 2008.

          ADDRESSES:
          Submit your comments, identified by Docket ID Number EPA-R03-OAR-2008-0736 by one of the following methods:
          A. www.regulations.gov. Follow the online instructions for submitting comments.

            B. E-mail: fernandez.cristina@epa.gov.
          C. Mail: EPA-R03-OAR-2008-0736, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
          D. Hand Delivery: At the previously-listed EPA Region III address. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

            Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-2008-0736. EPA's policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

            Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

          FOR FURTHER INFORMATION CONTACT:
          Melissa Linden, (215) 814-2096, or by e-mail at linden.melissa@epa.gov.

        SUPPLEMENTARY INFORMATION:
        Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
        Organization of this document. The following outline is provided to aid in locating information in this preamble.

          I. What Action Is EPA Taking?
          II. What Is the Effect of This Action?
          III. What Is the Background for This Action?
          IV. What Is EPA's Analysis of the Relevant Air Quality Data?
          V. Proposed Action
          VI. Statutory and Executive Order Reviews

        I. What Action Is EPA Taking?

        EPA is proposing to determine that the Metropolitan Washington, DC-MD-VA PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. This determination is based upon quality assured, quality controlled, and certified ambient air monitoring data that show the area has monitored attainment of the 1997 PM2.5 NAAQS since the 2004-2006 monitoring period, and monitoring data that continue to show attainment of the 1997 PM2.5 NAAQS based on the 2005-2007 data. In addition, quality controlled and quality assured monitoring data for 2008 that are available in the EPA AQS database, but not yet certified, show this area continues to attain the 1997 PM2.5 NAAQS.
        II. What Is the Effect of This Action?

        If this determination is made final, under the provisions of EPA's PM2.5 implementation rule (see 40 CFR 51.1004(c)), the requirements for the Metropolitan Washington, DC-MD-VA PM2.5 nonattainment area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS would be suspended for so long as the area continues to attain the 1997 PM2.5 NAAQS.

        As further discussed below, the proposed determination would: (1) For the Metropolitan Washington, DC-MD-VA nonattainment area, suspend the requirements to submit an attainment demonstration and associated reasonably available control measures (RACM) (including reasonably available control technologies (RACT)), a reasonable further progress plan (RFP), contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS; (2) continue until such time, if any, that EPA subsequently determines that the area has violated the 1997 PM2.5 NAAQS; (3) be separate from, and not influence or otherwise affect, any future designation determination or requirements for the Metropolitan Washington, DC-MD-VA area based on the 2006 PM2.5 NAAQS; and (4) remain in effect regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Furthermore, as described below, any such final determination would not be equivalent to the redesignation of the area to attainment based on the 1997 PM2.5 NAAQS.

        If this rulemaking is finalized and EPA subsequently determines, after notice-and-comment rulemaking in the Federal Register, that the area has violated the 1997 PM2.5 NAAQS, the basis for the suspension of the specific requirements, set forth at 40 CFR 51.1004(c), would no longer exist, and the area would thereafter have to address the pertinent requirements.
        The determination that EPA proposes with this Federal Register notice, that the air quality data shows attainment of the 1997 PM2.5 NAAQS, is not equivalent to the redesignation of the area to attainment. This proposed action, if finalized, would not constitute a redesignation to attainment under section 107(d)(3) of the Clean Air Act (CAA), because we would not yet have an approved maintenance plan for the area as required under section 175A of the CAA, nor a determination that the area has met the other requirements for redesignation. The designation status of the area would remain nonattainment for the 1997 PM2.5 NAAQS until such time as EPA determines that it meets the CAA requirements for redesignation to attainment.

        This proposed action, if finalized, is limited to a determination that the Metropolitan Washington, DC-MD-VA PM2.5 area has attained the 1997 PM2.5 NAAQS. The 1997 PM2.5 NAAQS became effective on July 18, 1997 (62 FR 36852) and are set forth at 40 CFR 50.7. The 2006 PM2.5 NAAQS, which became effective on December 18, 2006 (71 FR 61144) are set forth at 40 CFR 50.13. EPA is currently in the process of making designation determinations, as required by CAA section 107(d)(1), for the 2006 PM2.5 NAAQS. EPA has not made any designation determination for the Metropolitan Washington, DC-MD-VA area based on the 2006 PM2.5 NAAQS. This proposed determination, and any final determination, will have no effect on, and is not related to, any future designation determination that EPA may make based on the 2006 PM2.5 NAAQS for the Metropolitan Washington, DC-MD-VA area. Conversely, any future designation determination of the Metropolitan Washington, DC-MD-VA area, based on the 2006 PM2.5 NAAQS, will not have any effect on the determination proposed by this notice.

        If this proposed determination is made final and the Metropolitan Washington, DC-MD-VA area continues to demonstrate attainment with the 1997 PM2.5 NAAQS, the requirements for the Metropolitan Washington, DC-MD-VA area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS would remain suspended, regardless of whether EPA designates this area as a nonattainment area for purposes of the 2006 PM2.5 NAAQS. Once the area is designated for the 2006 NAAQS, it will have to meet all applicable requirements for that designation.
        III. What Is the Background for This Action?

        On July 18, 1997 (62 FR 36852), EPA established a health-based PM2.5 NAAQS at 15.0 micrograms per cubic meter (μg/m3) based on a 3-year average of annual mean PM2.5 concentrations, and a twenty-four hour standard of 65 μg/m3 based on a 3-year average of the 98th percentile of 24-hour concentrations. EPA established the standards based on significant evidence and numerous health studies demonstrating that serious health effects are associated with exposures to particulate matter. The process for designating areas following promulgation of a new or revised NAAQS is contained in section 107(d)(1) of the CAA. EPA and State air quality agencies initiated the monitoring process for the 1997 PM2.5 NAAQS in 1999, and developed all air quality monitors by January 2001. On January 5, 2005 (70 FR 944), EPA published its air quality designations and classifications for the 1997 PM2.5 NAAQS based upon air quality monitoring data from those monitors for calendar years 2001-2003. These designations became effective on April 5, 2005. The Metropolitan Washington, DC-MD-VA (Charles, Frederick, Montgomery, Prince George's, Alexandria, Arlington, Fairfax, Loudoun, Prince William, Falls Church, Manassas, Manassas Park, Fairfax City, and the District of Columbia) area was designated nonattainment for the 1997 PM2.5 NAAQS (see 40 CFR part 81).
        IV. What Is EPA's Analysis of the Relevant Air Quality Data?
        EPA has reviewed the ambient air monitoring data for PM2.5, consistent with the requirements contained in 40 CFR part 50 and recorded in the EPA AQS database for the Metropolitan Washington, DC-MD-VA PM2.5 nonattainment area from 2004 through the present time. On the basis of that review, EPA has concluded that this area attained the 1997 PM2.5 NAAQS since the 2004-2006 monitoring period, and continues to monitor attainment of the NAAQS based on 2005-2007 data. In addition, quality controlled and quality assured monitoring data for 2008 that are available in the EPA AQS database, but not yet certified, show this area continues to attain the 1997 PM2.5 NAAQS.
        Under EPA regulations at 40 CFR Part 50, § 50.7:
        (1) The annual primary and secondary PM2.5 standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or equal to 15.0 μg/m3.
        (2) The 24-hour primary and secondary PM2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or equal to 65 μg/m3.
        Table 1 shows the design values for the 1997 Annual PM2.5 NAAQS for the Metropolitan Washington, DC-MD-VA nonattainment area monitors for the years 2004-2006 and 2005-2007. Table 2 shows the design values for the 1997 24-Hour PM2.5 NAAQS for these same monitors and the same 3-year periods.

          Table 1—Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS—Annual Standard

            Location
            AQS site ID
            1997 Annual attainment
              standard

            2004-2006 Design values

            2005-2007 Design values

            District of Columbia
            110010041
            15
            14.4
            14.0

            District of Columbia
            110010042
            15
            14.5
            14.2

            District of Columbia
            110010043
            15
            14.0
            13.5

            Montgomery County, MD
            240313001
            15
            12.5
            12.2

            Prince George's, MD
            240338003
            15
            13.1
            12.8

            Arlington, VA
            510130020
            15
            14.2
            14.0

            Fairfax, VA
            510590030
            15
            13.4
            13.0

            Fairfax, VA
            510591005
            15
            13.6
            13.5

            Fairfax, VA
            510595001
            15
            13.9
            13.7

            Loudoun, VA
            511071005
            15
            13.6
            13.2

          Table 2—Design Values for Counties in the Metropolitan Washington Nonattainment Area for 1997 PM2.5 NAAQS—24-Hour Standard

            Location
            AQS site ID
            1997 Annual 24-hour
              attainment
              standard

            2004-2006 Design values

            2005-2007 Design values

            District of Columbia
            110010041
            65
            37
            35

            District of Columbia
            110010042
            65
            35
            33

            District of Columbia
            110010043
            65
            34
            34

            Montgomery County, MD
            240313001
            65
            31
            30

            Prince George's, MD
            240338003
            65
            35
            32

            Arlington, VA
            510130020
            65
            34
            32

            Fairfax, VA
            510590030
            65
            35
            34

            Fairfax, VA
            510591005
            65
            34
            32

            Fairfax, VA
            510595001
            65
            34
            33

            Loudoun, VA
            511071005
            65
            35
            33

        EPA's reviews of these data indicate that the Metropolitan Washington, DC-MD-VA nonattainment area has met and continues to meet the 1997 PM2.5 NAAQS. EPA is soliciting public comments on the issues discussed in this document. These comments will be considered before taking final action.
        V. Proposed Action

        EPA is proposing to determine that the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5 NAAQS and continues to attain the standard based on data through 2008. As provided in 40 CFR 51.1004(c), if EPA finalizes this determination, it would suspend the requirements for this area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and any other planning SIPs related to attainment of the 1997 PM2.5 NAAQS so long as the area continues to attain the 1997 PM2.5 NAAQS.
        VI. Statutory and Executive Order Reviews

        Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to make a determination based on air quality data, and would, if finalized, result in the suspension of certain Federal requirements, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
        This proposed rule also does not have tribal applications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely proposes to make a determination based on air quality data and would, if finalized, result in the suspension of certain Federal requirements, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks” (62 FR 19885, April 23, 1997) because it proposes to determine that air quality in the affected area is meeting Federal standards.

        The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply because it would be inconsistent with applicable law for EPA, when determining the attainment status of an area, to use voluntary consensus standards in place of promulgated air quality standards and monitoring procedures to otherwise satisfy the provisions of the CAA. This proposed rule does not impose an information collection burden under the provisions of the Paper Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
        Under Executive Order 12898, EPA finds that this rule, pertaining to the District of Columbia, Maryland and Virginia's determination of attainment of the fine particle standard for the Metropolitan Washington, DC-MD-VA area, involves a proposed determination of attainment based on air quality data and will not have disproportionately high and adverse human health or environmental effects on any communities in the area, including minority and low-income communities.

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Particulate matter, Reporting and recordkeeping requirements.

          Authority:
          42 U.S.C. 7401 et seq.

          Dated: October 9, 2008.
          W.T. Wisniewski,
          Acting Regional Administrator, Region III.

      [FR Doc. E8-25160 Filed 10-21-08; 8:45 am]
      BILLING CODE 6560-50-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 697
        [Docket No. 051129315-6314-02; I.D. 112505A]
        RIN 0648-AU07
        Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery

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

          ACTION:
           Advance notice of proposed rulemaking (ANPR); request for comments.

          SUMMARY:

          NMFS announces that it is considering and seeking public comment on the implementation of further minimum carapace length (gauge) increases, escape vent size increases, and trap reductions in the offshore American lobster fishery, consistent with recommendations for Federal action in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP) and pending management actions of the Commission's American Lobster Management Board (Board). A similar announcement, published in the Federal Register on December 13, 2005, notified the public that NMFS was considering and requesting comment on gauge and escape vent size increases in multiple lobster conservation management areas (LCMAs). However, since the publication of that document, many LCMA-specific Commission recommendations were modified in response to information in an updated peer-reviewed stock assessment published January 2006. Subsequent Commission deliberations resulted in the Board making changes to the fishery management plan, adding and repealing measures, such that many of the newer plan elements focused primarily on LCMA 3. Some measures relevant to this action, still under Board consideration, are included within the scope of this rulemaking. Accordingly, NMFS announces that this present ANPR revises the December 13, 2005, ANPR and invites public comment on changes to the ISFMP, either formally approved by the Board or pending approval. Any repealed measures, having previously been raised in the December 13, 2005, ANPR, will remain within the scope of this present ANPR, although the Board's repeal is notable and NMFS invites comment on the Board's withdrawal of the measures.

          DATES:
           Comments must be received by January 17, 2007.

          ADDRESSES:

           Written comments should be sent to Harold Mears, Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. Comments may also be sent via e-mail to Lob1106@noaa.gov, via fax (978) 281-9117 or via the Federal e-Rulemaking portal at www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:
           Peter Burns, Fishery Management Specialist, (978) 281-9144, fax (978) 281-9117, e-mail peter.burns@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Scope of This ANPR

        With respect to the scope of this action, additional management measures are identified for LCMA 3 that have yet to be proposed or implemented by NMFS. These include: four additional 1/32 inch (0.08 centimeters (cm)) gauge increases that would result in a 3 1/2 inch (8.89-cm) minimum gauge size requirement for LCMA 3 by July 1, 2008; and escape vent size increases in LCMA 3 to 2 1/16 inches X 5 3/4 inches rectangular (5.24 cm X 14.61 cm) or two circular vents at 2 11/16 inches diameter (6.83 cm) by July 1, 2010. Additionally, NMFS also is considering a suite of trap reductions in LCMA 3. First, Addendum IV to Amendment 3 of the ISFMP calls for a 10-percent active trap reduction implemented over two consecutive years with a scheduled 5-percent reduction for 2007 and a 5-percent reduction in 2008. To address the need for further fishing mortality and fishing effort reductions in the offshore fishery as identified in the updated stock assessment released in 2005, the Board is developing an addendum to consider an additional 5-percent reduction in traps in LCMA 3 to be implemented as a 2.5-percent reduction each year for two consecutive years following the initial 10-percent active trap reduction. The two 2.5-percent reductions have not been included as part of the ISFMP, but are in an addendum being drafted for review by the Board, and consequently, NMFS includes this measure for public consideration. Table 1 illustrates the LCMA 3 gauge increases, escape vent size increases and the 10-percent trap reductions currently recommended in the ISFMP for Federal implementation. Also included in the table are the two additional 2.5-percent trap reductions for LCMA 3 pending Board adoption. Although not officially part of the ISFMP, these pending trap reductions are included within the scope of this ANPR because they are relevant to the 10-percent reductions already adopted into the ISFMP and recommended for Federal implementation.

        Several management measures previously included in the ISFMP and addressed in a previous NMFS ANPR, published in the Federal Register on December 13, 2005 (70 FR 73717) , have since been repealed by the Board based on an updated American lobster stock assessment approved in January 2006. The updated stock assessment indicated stable stock abundance for the Georges Bank and majority of the Gulf of Maine stocks. However, decreased stock abundance and recruitment due to high fishing mortality were evident in the assessment of the Southern New England stock and the statistical area 514 portion of the Gulf of Maine stock that includes Massachusetts Bay and Stellwagen Bank. Upon review of these findings, the Board determined that many of the additional gauge increases and escape vent size increases were not necessary for conservation and, with the exception for those in LCMA 3, were repealed. The repealed measures include the additional escape vent size increase for LCMA 1 (2 inches X 5 3/4 inches (5.08 cm X 14.61 cm) rectangular or 2 5/8 inches (6.67 cm) circular by 2008); in the Outer Cape Cod LCMA, four additional 1/32 inch-(0.08-cm) gauge increases up to 3 1/2 inches (8.89 cm) by July 2008 and an escape vent increase to 2 1/16 inches X 5 3/4 inches (5.24 cm X 14.61 cm) rectangular or 2 11/16 inches (6.83 cm) circular by 2008. Recommendations for delay in the LCMA 3 escape vent size increase until 2010, is included in draft Addendum XI to Amendment 3 of the ISFMP, scheduled for Board review in January 2007. NMFS invites the public to comment on the revised management scenario and extends the scope of this ANPR to include the measures subsequently withdrawn by the Board as well, given their potential impacts on the resource and industry.

          Table 1. American Lobster ISFMP Gauge, Escape Vent and Trap Reduction Schedule for LCMA 3 and Corresponding Federal Action (Includes only the measures currently recommended in the ISFMP for Federal implementation and relevant trap reductions pending Board adoption).
          [Measurements are in inches]

            LCMA
            Addenda II-VIII
            gauge
            vent*
            trap reductions
            Current Federal Lobster Regulations
            gauge
            vent*
            This ANPR Considers
            gauge
            vent*
            trap reductions**

            LCMA3
            3 3/8 July 2004
            2 X 5 3/4
            5%
            3 3/8
            2 X 5 3/4
            3 13/32
            2 1/16 X 5 3/4
            5%

            3 13/32 July 2005
            rectangular
            in 2007

            rectangular

            rectangular
            in 2007

            3 7/16 July 2006
            or

            or
            3 7/16
            or

            3 15/32 July 2007
            2 5/8 circular
            5%

            2 5/8

            2 11/16
            5%

            3 1/2 July 2008
            by 2004
            in 2008

            circular
            3 15/32
            circular
            in 2008

            by 2010

            2 1/16 X 5 3/4

            3 1/2

            2.5%

            rectangular

            by 2008

            in 2009

            or

            2 11/16 circular

            2.5%

            by 2008

            in 2010

          * All vent sizes include a rectangular and corresponding circular vent size. In all cases, each trap is required to have one rectangular vent or two circular vents at the sizes indicated. The ANPR considers a proposed action by the Board to postpone the escape vent increase for LCMA 3 until 2010.
          ** The two 5% trap reductions scheduled for 2007 and 2008 were established in Addendum IV; the two 2.5% reductions are being considered in this ANPR, concurrent with Board review.

        Background and Description of Relevant ISFMP Actions
        Addenda I through IX are part of an overall lobster fishery management regime set forth in Amendment 3 to the ISFMP. The intent of Amendment 3, approved by the Board in December 1997, is to achieve a healthy American lobster resource and to develop a management regime that provides for sustained harvest, maintains opportunities for participation, and provides for the cooperative development of conservation measures by all stakeholders. In short, Amendment 3 was envisioned to provide much of the framework upon which future lobster management - to be set forth in later addenda - would be based. In particular, Amendment 3 employed a participatory management approach by creating the seven lobster management areas, each with its own lobster conservation management team (LCMT) comprised of industry members. Amendment 3 tasked the LCMTs with providing recommendations for area-specific management measures to the Board to meet the lobster egg production and effort reduction goals of the ISFMP. NMFS has the authority under the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA) to implement regulations in Federal waters that are compatible with the effective implementation of the ISFMP and consistent with the national standards of the Magnuson-Stevens Fishery Conservation and Management Act. These Federal regulations are promulgated pursuant to the ACFCMA and are codified at 50 CFR part 697.

        Addendum I to Amendment 3 focused largely on effort control measures. The Board approved Addendum I in August 1999, with NMFS promulgating compatible regulations on March 27, 2003 (68 FR 14902). This action, in part, established a limited access program in the lobster trap fishery in LCMAs 3, 4 and 5, based on historical participation and additional sliding scale trap reductions in LCMA 3 through 2006. The Board approved Amendment 3's egg production measures as Addenda II and III in February 2001 and February 2002, respectively, and recommended that NMFS implement complementary Federal regulations. In response, NMFS published a final rule on March 14, 2006 (71 FR 13027), implementing multiple management measures, including a gauge increase and escape vent size increase in all LCMAs, except LCMA 1, to 3 3/8 inches (8.57 cm) and 2 X 5 3/4 inches (5.08 X 14.61 cm), respectively. In December 2003, the Board approved Addendum IV which, in part, included additional egg production measures. One such measure, the sliding scale trap reduction plan, was adopted to facilitate additional active trap reductions in LCMA 3 by 10 percent by imposing a 5-percent trap reduction in both 2007 and 2008. The 10-percent trap reduction is part of the suite of measures considered in this ANPR. Addenda V and VI did not include any further measures pertinent to egg production and therefore, are not included within the scope of this ANPR but are being addressed in a separate rulemaking action. Addendum VII, approved by the Board in November 2005, facilitates effort control measures and constitutes a limited access program for the lobster trap fishery in the state waters of LCMA 2, based on historical participation, with recommendations for complementary actions in the Federal waters of LCMA 2. In approving Addendum VII, the Board opted not to continue with the previously adopted schedule of minimum carapace length increases up to 3 1/2 inches (8.89 cm) in LCMA 2 (Addendum III) and voted to maintain the minimum legal carapace length (gauge) at 3 3/8 inches (8.57 cm). Following the updated stock assessment results, at a meeting in May 2006, the Board rescinded gauge increases beyond 3 3/8 inches (8.57 cm), and a complementary escape vent increase in the Outer Cape LCMA, and an escape vent increase in LCMA 1. Addendum VIII, adopted by the Board in May 2006, established new data collection requirements and adopted new biological reference points to facilitate the assessment of the lobster resource. NMFS will address the data collection issue in a separate rulemaking outside the scope of this ANPR. Addendum IX, adopted by the Board in October 2006, will impose a 10-percent conservation tax on the sale of lobster traps in LCMA 2.
        Classification
        This ANPR has been determined to be not significant for the purposes of Executive Order 12866.
        Authority: 16 U.S.C. 5101 et seq.

          Dated: December 11, 2006.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. E6-21448 Filed 12-15-06; 8:45 am]
      BILLING CODE 3510-22-S