Rules and Regulations. Proposed rule; request for comments

8,976 words·~41 min read·/register/2006/06/23/06-5628

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6560-50-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 060606149-6149-01; I.D. 052506A] RIN 0648-AT95 Fisheries in the Western Pacific; Omnibus Amendment for the Bottomfish and Seamount Groundfish Fisheries, Crustacean Fisheries, and Precious Coral Fisheries of the Western Pacific Region AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: This proposed rule would amend three fishery management plans to include fisheries and waters around the Commonwealth of the Northern Mariana Islands

(CNMI)and Pacific Remote Island Areas (PRIA). These amendments affect United States domestic fisheries that offload or operate in Federal waters around the CNMI and the PRIA. These amendments would establish new permitting and reporting requirements for vessel operators targeting bottomfish species around the PRIA to improve understanding of the ecology of these species and the activities and harvests of the vessel operators that target them. They would also establish new permitting and reporting requirements for vessel operators targeting crustacean species and precious corals around the CNMI and PRIA. DATES: Comments on the proposed rule must be received by August 7, 2006. ADDRESSES: Comments on the proposed rule, identified by 0648-AT95, should be sent to any of the following addresses: • E-mail: *AT95Omnibus@noaa.gov* . Include in the subject line of the e-mail comment the following document identifier AAT95 Omnibus. Comments sent via e-mail, including all attachments, must not exceed a 5 megabyte file size. • Federal e-Rulemaking portal: *www.regulations.gov* . Follow the instructions for submitting comments. • Mail: William L. Robinson, Administrator, NMFS, Pacific Islands Region (PIR), 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814-4700. Copies of the FMPs, Amendments, and Environmental Assessment

(EA)may be obtained from Kitty M. Simonds, Executive Director, Western Pacific Fishery Management Council (WPFMC), 1164 Bishop Street, Suite 1400, Honolulu, HI 96813, or the Internet at *www.wpcouncil.org* . Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to William L. Robinson (see ADDRESSES ), or by e-mail to *David_Rostker@omb.eop.gov,* or fax to 202-395-7285. FOR FURTHER INFORMATION CONTACT: Robert Harman, NMFS PIR, 808-944-2271. SUPPLEMENTARY INFORMATION: The NMFS Pacific Islands region encompasses Federal waters, i.e., the U.S. Exclusive Economic Zone (EEZ), around the Territories of Guam and American Samoa, the State of Hawaii, the CNMI, and the PRIA. The EEZ extends from this inner boundary to 200 nautical miles

(nm)offshore. The inner boundary of the EEZ is the seaward limit of each coastal state, commonwealth, territory and possession. The EEZ extends from this inner boundary to 200 nautical miles

(nm)offshore. For the CNMI and PRIA, the inner boundary of the EEZ is extends to the shoreline, while for the seaward limits of Guam, American Samoa, and Hawaii, the inner boundary of the EEZ is extend to 3 nm from the shoreline. The WPFMC has developed, and NMFS has approved and implemented, five fishery management plans that cover pelagic species, crustaceans, bottomfish and seamount groundfish, precious corals, and coral reef ecosystems fisheries. The Federal waters surrounding the CNMI are currently not included in the Fishery Management Plans for the Bottomfish, Crustaceans, or Precious Corals Fisheries of the Western Pacific Region (Bottomfish FMP), (Crustaceans FMP), and (Precious Corals FMP). Similarly, Federal waters surrounding the PRIA are not included in the Bottomfish or Crustaceans FMPs. Vessels have been known to fish for bottomfish and crustaceans in the Federal waters surrounding the CNMI and the PRIA, although on a small scale. While there are currently no known fisheries operating in the PRIA, and no precious corals fisheries operating in the CNMI, interest may arise in the future. These proposed amendments would include the fisheries operating in these areas under the FMPs. The CNMI bottomfish fishery consists primarily of small boats (< 30 ft, 9.1 m) engaged in commercial and subsistence fishing. These boats are usually limited to fishing in daylight hours within 50 nm of Saipan, with fishermen relying on land features for navigation (as opposed to GPS and fathometers). In addition to the small boats, a few larger vessels (> 50 ft, 15.2 m) sometimes participate in the fishery, ranging farther north on multi-day trips, and with more sophisticated navigation tools. Data about bottomfish landings from the larger vessels are collected only voluntarily, so the future reliability of data collection cannot be assured. Similarly, an offshore deep-water shrimp fishery at one time operated in the CNMI, but knowledge of the fishery and collection of data about the catch was not timely. Additionally, precious corals have been landed from Federal waters around the CNMI, with little or no information about the fishery collected. This history led the WPFMC to recommend the preliminary step of including CNMI waters under the Bottomfish, Crustaceans, and Precious Corals FMPs. This would facilitate further steps to monitor catches and, if needed in the future, to implement other management measures for these fisheries. While the EEZ around the CNMI extends from the shoreline to 200 nm, the WPFMC recommended deferring to the CNMI regulatory control for fishing toby by CNMI citizens, including fishery permitting and data collection, in waters 0 to 3 nm of the EEZ around CNMI. These FMP amendments do not, however, confer authority to the CNMI over EEZ resources. Although no fishing is being conducted currently in the PRIA, there has been some recent historical activity by vessels using mixed fishing gear in the PRIA. These vessels have targeted bottomfish with handlines, and they troll for pelagic species, or trap for deep-water shrimp. A 2002 regulatory amendment to the Pelagics FMP (67 FR 30346, May 6, 2002) requires Federal reporting for vessels trolling for and landing pelagic management unit species

(PMUS)in the PRIA. Data collection for other PRIA fisheries occurs at the landing port which, to date, has been exclusively in Hawaii. However, Hawaii's state-required landings data do not include details on effort, bycatch, location, or protected species interactions. There is currently no mechanism to gather fishery statistics for bottomfish landings from the PRIA. As in the case of the CNMI, the Council determined that the PRIA need to be included under its management plans to allow for the collection of fishery data and the timely implementation of further management actions should they become necessary. The U.S. Fish and Wildlife Service (USFWS) manages a number of National Wildlife Refuges

(NWR)in the western Pacific, including fishing activities within refuge boundaries pursuant to the National Wildlife Refuge System Administration Act (NWRSAA) of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and other authorities. Under the NWRSAA, as amended, NWR waters are closed to all uses until they are specifically opened for such uses, and that the USFWS determines whether to open NWR waters for any use that is compatible with the refuges'= primary purpose(s) and mission. While commercial fishing is generally prohibited in NWR waters, specific regulations are absent. Including NWR areas under the Bottomfish, Crustaceans, and Precious Corals FMPs, as proposed in these amendments, would add specific regulations to these areas. However, these regulations would not supersede any valid existing Federal regulations that are more restrictive to fishing operations. Amendments 8, 12, and 6 also consider including in the management unit a variety of bottomfish and crustacean species that are currently or potentially targeted by fishermen. The importance of these species as a component of catches is known from both existing data collection programs and anecdotal information, and before Federal management measures can be applied to these species they must be included in the management unit. After consideration, the Council decided to designate 48 bottomfish species as part of the management unit. Subsequently, however, these 48 species were included in the management unit of the Fishery Management Plan for Coral Reef Ecosystems in the Western Pacific Region, developed by the WPFMC and implemented in 2004. Thus, this document does not include the designation of bottomfish species in the preferred alternative. The WPFMC did not designate the three crustacean species or species groups because they determined that these species groups Federal waters are not sufficiently harvested in Federal waters to warrant designation at this time. This action is designed to establish monitoring systems and management mechanisms to implement specific regulatory controls should the need arise; specific management measures (such as time and area closures, or effort and landing limits) are not included. Classification At this time, NMFS has not determined that the FMP amendments that this rule would implement are consistent with the national standards of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. NMFS, in making that determination, will take into account the data, views, and comments received during the comment period. 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 that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This rule would amend three fishery management plans to include fisheries and waters around the CNMI and PRIA in the management units. Amendment 8 to the Bottomfish FMP would establish new permitting and reporting requirements for vessel operators targeting bottomfish species around the PRIA in order to improve our understanding of the ecology of the species, and the activities and harvests of the vessel operators that target them. For the same reasons, Amendment 12 to the Crustaceans FMP would establish new permitting and reporting requirements for vessel operators targeting crustacean species around the CNMI or the PRIA, and Amendment 6 to the Precious Corals FMP would establish new permitting and reporting requirements for vessel operators targeting precious corals around the CNMI. This action is anticipated to affect the entire universe of active bottomfish fishery participants (approximately 43) based in the CNMI who fish more than three miles from shore, as well as an unknown number of vessel operators who may enter the fishery in the future. The CNMI bottomfish fishery consists primarily of small boats (< 30 ft, 9.1 m) engaged in commercial and subsistence fishing. These boats are usually limited to fishing in daylight hours within 50 nm of Saipan, with fishermen relying on land features for navigation (as opposed to GPS and fathometers). In addition to the small boats, a few larger vessels (> 50 ft, 15.2 m) sometimes participate in the fishery, ranging farther north on multi-day trips, and with more sophisticated navigation tools. Data about bottomfish landings from the larger vessels are now collected only voluntarily. Given this fleet's aggregate annual ex-vessel revenue of $142,260, the annual average per-vessel revenue is $3,308; therefore, all affected operations are classified as “small entities” because their annual revenues are below the $4 million threshold set for this determination. The affected entities, CNMI bottomfish vessels, landed a total of 54,400 lb (24,675 kg) of fish in 2004. Also affected will be future participants in the CNMI-based offshore crustacean and precious coral fisheries. Available information indicates that there are no current participants in these fisheries and it is unlikely that an offshore commercial crustacean (i.e., lobster) fishery will develop, as the topography beyond three miles in most locations has limited lobster habitat and access is difficult. Should such a lobster fishery develop, however, the potential costs to fishermen would be minimal (i.e., no more than those associated with permitting and reporting, discussed below). Also affected would be future participants in the bottomfish and crustacean fisheries around the PRIA, but available information indicates that there are no current participants in these fisheries, either. The largest potential impact to affected participants would be compliance costs associated with new Federal permitting and reporting requirements. There is no monetary cost for these permits, but a time burden of 30 minutes is required for each permit application and renewal. The completion of Federal reporting forms will be required for each fishing trip, with an associated time cost of 5 minutes per reporting action. Lesser and uUnquantifiable impacts may result from the future prohibition of the use of destructive fishing gear (e.g., bottom set trawls, poisons and explosives) in the current or future CNMI and PRIA bottomfish fisheries, and the future prohibition of the use of non-selective gear in any future NMI precious corals fishery. There is no evidence that such gears are in use at this time, so any futurethe prohibition against using such gear would have no immediate impact on current fishery participants. Because there are no management actions that affect operations of the fishery, other than providing for potential data collection, there will be no significant reductions in profitability for a substantial number of small entities in any user groups, and there will be no disproportionate impacts between gear types, vessels, or port of landing. The proposed rule does not impose impacts on a substantial number of small entities. The proposed action is administrative in nature and will not impact operations of the fishery. Most vessels in the CNMI fishery are small vessels that operate in nearshore areas, so the majority of small entities in the CNMI will be unaffected by the action. A very small proportion of larger vessels that may be impacted would be subject to the permit and reporting requirements of the action. The CNMI fishery is characterized based on data collected through the Commercial Purchase Database, which indirectly records actual landings by recording all local fish sales to commercial establishments. This data collection program is dependeant on voluntary participation by first level purchasers of locally caught fresh fish to record purchases on specially designed invoices. These figures are then expanded by 30 percent to represent the CNMI as a whole, assuming 60 percent coverage of the commercial sales on Saipan, and that Saipan is 90 percent of the total market. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed rule contains a collection-of-information requirement subject to review and approval by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval. The public reporting burden for the permit application process is 30 minutes per application. In the crustaceans fishery, it is estimated that one permit application would be submitted annually for the permit area, resulting in a paperwork burden of 30 min/yr. In the bottomfish fishery, it is estimated that no more than five permit applications would be received annually for the permit area, resulting in a paperwork burden of 2.5 hr/yr. In the precious corals fishery, it is estimated that one permit would be applied for annually for the permit area, resulting in 30 min/yr in paperwork burden. Therefore, the total paperwork burden of these collections of information would be no more than four hours annually. The public burden for the proposed reporting requirements is five minutes per daily logsheet. It is estimated that eight vessels would be subject to the reporting requirement at any given time, and that each vessel would fish, on average, no more than 50 days/yr, resulting in a total paperwork burden of approximately 35 hr/yr. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection 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 shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to William L. Robinson (see ADDRESSES ), and email to *David_Rostker@omb.eop.gov* or fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaii, Hawaiian natives, Northern Mariana Islands, Pacific Remote Island Areas, Reporting and recordkeeping requirements. Dated: June 20, 2006. James W. Balsiger, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is proposed to be amended as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for part 665 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* In § 665.12, the definitions for “Crustaceans management area”, “Crustaceans permit area 3”, and “Crustaceans receiving vessel” are revised, the definitions of “Crustaceans permit area 4”, “Pacific Remote Island Areas bottomfish fishing permit”, and “Pacific Remote Island Areas crustacean fishing permit” are added, and under the definition of “Precious coral permit area” paragraph (4)(v) is added to read as follows: § 665.12 Definitions. *Crustaceans management area* means the EEZ waters around American Samoa, the CNMI, Guam, Hawaii, and the PRIA. *Crustacean Permit Area 3 (Permit Area 3)* means the EEZ around Guam and American Samoa, and the EEZ seaward of points 3 nautical miles from the shoreline of the CNMI.Crustaceans Permit Area 4 (Permit Area

(4)means the EEZ around the PRIA, with the exception of EEZ waters around Midway Atoll. *Crustaceans receiving vessel* means a vessel of the United States to which lobsters taken in the crustaceans management area are transferred from another vessel. *Pacific Remote Island Areas

(PRIA)bottomfish fishing permit* means the permit required by § 665.61 to use a vessel to fish for bottomfish management unit species

(MUS)in the EEZ, or to land bottomfish MUS shoreward of the outer boundary of the EEZ around the PRIA, with the exception of waters around Midway Atoll. *Pacific Remote Island Areas

(PRIA)crustacean fishing permit* means the permit required by § 665.41 to use a vessel to fish for crustacean management unit species

(MUS)in the EEZ, or to land crustacean MUS shoreward of the outer boundary of the EEZ around the PRIA, with the exception of waters around Midway Atoll. *Precious coral permit area* * * *

(4)* * *

(v)Permit Area X-P-CNMI includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of points 3 nautical miles from the shoreline of the CNMI. 3. In § 665.14, paragraph

(a)is revised to read as follows: § 665.14 Reporting and recordkeeping.

(a)*Fishing record forms.* The operator of any fishing vessel subject to the requirements of §§ 665.21, 665.41, 665.81, or 665.602 must maintain on board the vessel an accurate and complete record of catch, effort, and other data on report forms provided by the Regional Administrator. All information specified on the forms must be recorded on the forms within 24 hr after the completion of each fishing day. Each form must be signed and dated by the fishing vessel operator. For the fisheries managed under §§ 665.21, 665.41, and 665.81, the original logbook form for each day of the fishing trip must be submitted to the Regional Administrator within 72 hr of each landing of MUS, unless the fishing was authorized under a PRIA troll and handline permit, a PRIA crustaceans fishing permit, or a PRIA precious corals fishing permit, in which case the original logbook form for each day of fishing within the PRIA EEZ waters must be submitted to the Regional Administrator within 30 days of each landing of MUS. For fisheries managed under § 665.602, the original logbook form for each day of the fishing trip must be submitted to the Regional Administrator within 30 days of each landing of MUS. 4. In § 665.41, paragraph (a)(2) is revised to read as follows: § 665.41 Permits.

(a)* * *

(2)The owner of any vessel used to fish for lobster in Permit Area 2, Permit Area 3, or Permit Area 4, must have a permit issued for that vessel. 5. In § 665.42, paragraph

(c)is added to read as follows: § 665.42 Prohibitions.

(c)In Permit Area 3 and Permit Area 4, it is unlawful for any person to refuse to make available to an authorized officer or employee of NMFS designated by the Regional Administrator for inspection and copying any records that must be made available in accordance with § 665.14(f)(2). 6. In § 665.61, paragraph (a)(1) is revised to read as follows: § 665.61 Permits.

(a)* * *

(1)The owner of any vessel used to fish for bottomfish management unit species in the Northwestern Hawaiian Islands Subarea or Pacific Remote Island Areas Subarea must have a permit issued under this section and the permit must be registered for use with that vessel. 7. In § 665.62 paragraph

(b)is revised, and paragraph

(f)is added to read as follows: § 665.62 Prohibitions.

(b)Fish for, or retain on board a vessel, bottomfish management unit species in the Hoomalu Zone, the Mau Zone, or the Pacific Remote Island Areas without the appropriate permit registered for use with that vessel issued under § 665.13.

(f)Falsify or fail to make or file all reports of bottomfish management unit species landings taken in the Pacific Remote Island Areas, containing all data in the exact manner, as specified in § 665.14(a). 8. In § 665.69, paragraphs

(a)introductory text, (b), and

(c)are revised, and paragraphs (a)(6), (a)(7), and (a)(8) are added, to read as follows: § 665.69 Management subareas.

(a)The bottomfish fishery management area is divided into eight subareas with the following designations and boundaries:

(6)CNMI Inshore Area means that portion of the EEZ shoreward of 3 nautical miles of the shoreline of the CNMI.

(7)CNMI Offshore Area means that portion of the EEZ seaward of 3 nautical miles from the shoreline of the CNMI.

(8)Pacific Remote Island Areas means that portion of the EEZ seaward of the Pacific Remote Island Areas, with the exception of Midway Atoll.

(b)The inner boundary of each fishery management area is a line coterminous with the seaward boundaries of the State of Hawaii, the Territory of American Samoa, the Territory of Guam and the Commonwealth of the Northern Mariana Islands.

(c)The outer boundary of each fishery management area is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries. The boundary between the fishery management areas of Guam and the Northern Mariana IslandsCNMI extends to those points which are equidistant between Guam and the island of Rota in the CNMINorthern Mariana Islands. [FR Doc. E6-9966 Filed 6-22-06; 8:45 am] BILLING CODE 3510-22-S 71 121 Friday, June 23, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 19, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling

(202)720-8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Grain Inspection, Packers and Stockyard Administration *Title:* Swine Contract Library. *OMB Control Number:* 0580-0021. *Summary of Collection:* The Swine Packer Marketing Contracts, subtitle of the Livestock Mandatory Reporting Act of 1999, amended the Packers and Stockyards Act (P&S Act) to mandate the establishment of a library of swine packer marketing contracts (swine contract library), and a monthly report of types of contracts in existence and available and commitments under such contracts. The collection of information is necessary for the Grain Inspection, Packers and Stockyards Administration (GIPSA) to perform the functions required for the mandatory reporting of swine packer marketing contract information. *Need and Use of the Information:* Information is required from packers for processing plants that meet certain criteria, including size as measured by annual slaughter. GIPSA is responsible for implementing and enforcing the P&S Act, including the swine contract library. The information collection and recordkeeping requirements for the swine contract library are essential for maintaining a mandatory library of information on contracts used by packers to purchase swine from producers and monthly reports of commitments under such contracts. *Description of Respondents:* Business or other for-profit; Farms. *Number of Respondents:* 32. *Frequency of Responses:* Reporting: On occasion; Monthly. *Total Burden Hours:* 899. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-9945 Filed 6-22-06; 8:45 am] BILLING CODE 3410-KD-P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request June 19, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding

(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility and clarity of the information to be collected;

(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Forest Service *Title:* Fee Envelope; Rules of Occupancy for Short-Term, Non-Commercial Use of Government Facilities. *OMB Control Number:* 0596-0106. *Summary of Collection:* The Federal Lands Recreation and Enhancement Act (16 U.S.C. 6801-6814) authorizes the Forest Service

(FS)to collect recreation fees for use of government facilities and services. Every year millions of people visit National Forest System recreations sites. At some of these sites, the public is required to pay a fee to use the site. Fees are charged to help cover the costs of operating and maintaining fee sites, areas, and facilities such as campgrounds. The Forest Service

(FS)used the Recreation Fee Permit Envelope for collection of these fees. Two forms (FS 2300-26, Fee Envelopes and FS 2300-43, Permit for Short-Term, Non-commercial Use of Government-Owned Cabins and Lookouts) are used to collect information from visitors. *Need and Use of the Information:* Personal information such as names, addresses, phone number, length of stay, amount paid, requested dates of occupancy, party size and vehicle registration are collected. FS will collect information from the forms to document when visitors pay a required recreation fee and to schedule requests for use and occupancy of government owned facilities. *Description of Respondents:* Individuals or households. *Number of Respondents:* 2,010,000. *Frequency of Responses:* Reporting: Other (per visit). *Total Burden Hours:* 105,500. Ruth Brown, Departmental Information Collection Clearance Officer. [FR Doc. E6-9946 Filed 6-22-06; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2006-0014] Notice of Request for Extension of a Currently Approved Information Collection (Exportation, Transportation, and Importation of Meat and Poultry Products) AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget

(OMB)regulations, this notice announces the Food Safety and Inspection Service's

(FSIS)intention to request an extension of a currently approved information collection regarding exportation, transportation, and importation of meat and poultry products. DATES: Comments on this notice must be received on or before August 22, 2006. ADDRESSES: FSIS invites interested persons to submit comments on this information collection request. Comments may be submitted by mail, including floppy disks or CD-ROMs, and hand-or courier-delivered items. Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., Room 102 Cotton Annex, Washington, DC 20250. All submissions received must include the Agency name and docket number FSIS-2006-0014. All comments submitted in response to this notice, as well as research and background information used by FSIS in developing this document, will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The comments also will be posted on the Agency's Web site at *http://www.fsis.usda.gov/regulations_&_policies/2006_Notices_Index/index.asp.* FOR FURTHER INFORMATION CONTACT: John O'Connell, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 300 12th Street, SW., Room 112, Washington, DC 20250-3700,

(202)720-0345. SUPPLEMENTARY INFORMATION: *Title:* Exportation, Transportation, and Importation of Meat and Poultry Products. *OMB Number:* 0583-0094. *Expiration Date of Approval:* October 31, 2006. *Type of Request:* Extension of a currently approved information collection. *Abstract:* FSIS has been delegated the authority to exercise the functions of the Secretary as specified in the Federal Meat Inspection Act

(FMIA)(21 U.S.C. 601, *et seq.* ) and the Poultry Products Inspection Act

(PPIA)(21 U.S.C. 451, *et seq.* ). These statutes mandate that FSIS protect the public by ensuring that meat and poultry products are safe, wholesome, unadulterated, and properly labeled and packaged. FSIS is requesting extension of an approved information collection addressing paperwork and recordkeeping requirements regarding the collection of information concerning the exportation, transportation, and importation of meat and poultry products. The Agency requires that meat and poultry establishments exporting product to foreign countries complete an export certificate. Establishments must supply the type, the amount, and the destination of product being exported. The form is necessary to certify to the importing countries that FSIS inspectors have inspected the product. Meat and poultry products not bearing the mark of inspection and shipped from one official establishment to another must be transported under FSIS seal to prevent such unmarked product from entering commerce. To track product shipped under seal, FSIS requires shipping establishments to complete a form that identifies the type, amount, and weight of the product. A foreign country exporting meat or poultry products to the U.S. must establish eligibility to import product into the U.S. and annually certify that its inspection system is equivalent to the U.S. inspection system. To maintain eligibility, a written report must be prepared monthly by a representative of the foreign inspection system for each establishment listed in the certification. Additionally, meat and poultry products intended for import into the U.S. must be accompanied by a health certificate, signed by an official of the foreign government, stating that the products have been produced by certified foreign establishments. Establishments or brokers wishing to import product into the United States must complete a form that specifies the type, amount, originating country, and destination of the product. The amount of meat and poultry product imported into the United States is included in FSIS' annual Report to Congress. Additionally, the Agency has established procedures allowing establishments importing product to stamp such product with the inspection legend before FSIS inspection, if they receive FSIS prior approval. FSIS has made the following estimates based upon an information collection assessment: *Estimate of Burden:* FSIS estimates that it will take respondents an average of 24 hours per annum to collect and submit this information to FSIS. *Respondents:* Meat and poultry establishments, and importers and exporters. *Estimated No. of Respondents:* 5,436. *Estimated No. of Annual Responses per Respondent:* 294. *Estimated Total Annual Burden on Respondents:* 127,838 hours. Copies of this information collection assessment can be obtained from John O'Connell, Paperwork Reduction Act Coordinator, Food Safety and Inspection Service, USDA, 300 12th Street, SW., Room 112, Washington, DC 20250-3700,

(202)720-5627,

(202)720-0345. Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of FSIS' functions, including whether the information will have practical utility;

(b)the accuracy of FSIS' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection 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. Comments may be sent to both John O'Connell, Paperwork Reduction Act Coordinator, at the address provided above, and the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20253. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2006_Notices_Index/index.asp.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS web page. Through Listserv and the web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC, on June 20, 2006. Barbara J. Masters, Administrator. [FR Doc. E6-9947 Filed 6-22-06; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS 2006-0015] Nominations for Membership on the National Advisory Committee on Microbiological Criteria for Foods AGENCY: Food Safety and Inspection Service (FSIS), USDA. ACTION: Notice. SUMMARY: This notice announces that the U.S. Department of Agriculture

(USDA)is soliciting nominations for membership on the National Advisory Committee on Microbiological Criteria for Foods (NACMCF). Nominations for membership are being sought from individuals with scientific expertise in the fields of epidemiology, food technology, microbiology (food, clinical, and predictive), risk assessment, infectious disease, biostatistics, and other related sciences. Persons from State and Federal governments, industry, consumer groups, and academia, as well as all other interested persons, are invited to submit nominations. Members who are not Federal government employees will be appointed to serve as non-compensated special government employees (SGEs). SGEs will be subject to appropriate conflict of interest statutes and standards of ethical conduct. The nominee's typed resume or curriculum vitae must be limited to five one-sided pages and should include educational background, expertise, and a select list of publications. For submissions received that are more than five one-sided pages in length, only the first five pages will be considered. DATES: The nominee's typed resume or curriculum vitae must be received by July 24, 2006. ADDRESSES: Nominations should be sent to Ms. Karen Thomas, Advisory Committee Specialist, USDA, Food Safety and Inspection Service, Room 333 Aerospace Center, 1400 Independence Avenue, SW., Washington, DC 20250-3700. FSIS invites interested persons to submit comments on this notice. Comments may be submitted by any of the following methods: *Federal eRulemaking Portal:* This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to *http://www.regulations.gov* and, in the “Search for Open Regulations” box, select “Food Safety and Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select the FDMS Docket Number FSIS-2006-0015 to submit or view public comments and to view supporting and related materials available electronically. Mail, including floppy disks or CD-ROM's, and hand- or courier-delivered items: Send to Docket Clerk, USDA, FSIS, FSIS Docket Room, 300 12th Street, SW., Room 102, Cotton Annex Building, Washington, DC 20250. *Electronic mail:fsis.regulationscomments@fsis.usda.gov.* All submissions received must include the Agency name and docket number FSIS-2006-0015. All comments submitted in response to this notice, as well as research and background information used by FSIS in developing this document, will be posted to the regulations.gov Web site. The background information and comments also will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Ms. Karen Thomas, Advisory Committee Specialist, at the above address or by telephone at 202-690-6620 or by FAX at 202-690-6634. SUPPLEMENTARY INFORMATION: Background The NACMCF was established in March 1988, in response to a recommendation in a 1985 report of the National Academy of Sciences Committee on Food Protection, Subcommittee on Microbiological Criteria, “An Evaluation of the Role of Microbiological Criteria for Foods.” The current charter for the NACMCF and other information about the Committee are available for viewing on the NACMCF homepage at *http://www.fsis.usda.gov/About_FSIS/NACMCF/index.asp.* The Committee provides scientific advice and recommendations to the Secretary of Agriculture and the Secretary of Health and Human Services concerning the development of microbiological criteria by which the safety and wholesomeness of food can be assessed. For example, the Committee assists in the development of criteria for microorganisms that indicate whether food has been processed using good manufacturing practices. Appointments to the Committee will be made by the Secretary of Agriculture after consultation with the Secretary of Health and Human Services to ensure that recommendations made by the Committee take into account the needs of the diverse groups served by the Department. Membership shall include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities. Given the complexity of issues, the full Committee expects to meet at least twice yearly, and the meetings will be announced in the **Federal Register** . The subcommittees will meet as deemed necessary by the chairperson and will be held as working group meetings in an open public forum. The subcommittee meetings will not be announced in the **Federal Register** . FSIS will announce the agenda and subcommittee working group meetings through the Constituent Update, available on-line at *http://www.fsis.usda.gov/News_&_Events/2006_Constituent_Update/index.asp* . NACMCF holds subcommittee working group meetings in order to accomplish the work of the NACMCF; all work accomplished by the subcommittees is reviewed and approved by the full Committee during a public meeting of the full Committee, as announced in the **Federal Register** . The subcommittee may invite technical experts to present information for consideration by the subcommittee. All data and records available to the full Committee are expected to be available to the public at the time the full Committee reviews and approves the work of the subcommittee. Appointment to the Advisory Committee is for a two-year term, renewable for a total of three consecutive terms. Members are required to attend all meetings in-person as this is necessary for the functioning of this advisory committee. Members must be prepared to work outside of scheduled Committee and subcommittee meetings, and may be required to assist in document preparation. Committee members serve on a voluntary basis; however, travel reimbursement and per diem are available. Regarding Nominees Who Are Selected All nominees who are selected must submit a USDA Advisory Committee Membership Background Information form AD-755, available on-line at: *http://www.fsis.usda.gov/FSISForms/AD-755.pdf.* As new appointees, SGEs must complete the Office of Government Ethics

(OGE)450 Confidential Financial Disclosure Report, before rendering any advice, or prior to their first meeting. All members will be reviewed for conflict of interest pursuant to 18 U.S.C. 208 in relation to specific NACMCF work charges. Financial disclosure updates will be required annually. Members must report any changes in financial holdings requiring additional disclosure. OGE 450 forms are available on-line at: *http://www.usoge.gov/pages/forms_pubs_otherdocs/fpo_files/forms/fr450fill_04.pdf.* Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov/regulations/2006_Notices_Index/.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls and other types of information that could affect or would be of interest to constituents and stakeholders. The update is communicated via Listserv, a free electronic mail subscription service for industry, trade and farm groups, consumer interest groups, allied health professionals and other individuals who have asked to be included. The update is available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/.* Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC, on: June 20, 2006. Barbara J. Masters, Administrator. [FR Doc. E6-9949 Filed 6-22-06; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Forest Service Klamath National Forest, California, Westpoint AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare an environmental impact statement. SUMMARY: The Forest Service will prepare an environmental impact statement (the Westpoint Project) on a proposal to treat vegetation using a variety of silvicultural methods on approximately 930 acres of National Forest System lands in the Middle Creek and Scott Bar Mountain areas about 12 miles west of the town of Fort Jones, in Siskiyou County, California. Approximately five miles of classified roads are proposed for decommissioning. Approximately two miles of existing unclassified roads would be added to the transportation system. Activities would likely take place within five years of the decision. DATES: Comments concerning the scope of the analysis should be received within 30 days of the publication of this notice in the **Federal Register** . The draft environmental impact statement is expected by November 2006, and the final environmental impact statement is expected by March 2007. ADDRESSES: Send written comments to Ray Haupt, District Ranger, Scott River Ranger District, 11263 N. Highway 3, Fort Jones, CA 96032. FOR FURTHER INFORMATION CONTACT: Bill Bailey, Timber Management Officer, at the above address or call

(530)463-5351. SUPPLEMENTARY INFORMATION: Purpose and Need for Action The Westpoint Project analysis area of the Klamath National Forest consists of two separate areas covering approximately 10,900 acres. Both the Scott River and the Siskiyou County Highway 7F01 (Scott River Road) bisect the analysis area into eastern and western portions. The road and river, in this corridor, are used extensively by residents of the town of Scott Bar and private homeowners along the river. Forest recreation visitors use the road as access to Indian Scotty Campground, Jones Beach Day Use Area, and four trailheads into the Marble Mountain Wilderness. Projects proposed for the entire project area are intended to protect and maintain three important landscape conditions:

(1)Northern spotted owl habitat,

(2)forest health, and community safety near homes, and

(3)old forest structure in the wilderness and late successional reserve. The biggest threat to these important landscape characteristics come from the declining health of the forested landscapes. This decline produces a greater risk from stand-replacing events associated with intense wildfire, insect epidemics, and disease. The area proposed for treatment is adjacent to late successional reserves to the north and west, and near the Marble Mountain Wilderness area to the northwest. Threats to older forest structure and spotted owl habitat in the Late Successional Reserves and Wilderness, fish habitat in the river and streams, and community safety near homes come from the declining health of the surrounding forested landscapes. This decline produces a greater risk from stand-replacing events associated with intense wildfire, insect epidemics, and disease. The risk of rapid fire spread is generally uphill in this area due to the very steep river canyons. The most likely source of a human-caused ignition is along the river corridor, where homes, recreation, public utility corridors, and public transportation are concentrated at the bottom of this drainage. Natural fire cycles have been prevented for 100 years in this area by fire suppression activities. Without the beneficial maintenance that these natural low intensity fires provide, actions such as stand-tending and prescribed fire are now needed as a fire replacement technique in the Westpoint Project area to minimize the chance of stand-replacing wildfires. Younger trees and brush, now predominant on this landscape, provide an abundant fuel source, and a “fuel ladder” by which a ground fire will climb into the tree canopy and kill large fire-resistant trees, and unnatural stand-replacing fire situation. These fire entrapment situations significantly increase the risk to both firefighters and the public. The purpose or objective of taking action in the Westpoint Project area is: • Improve forest health by returning the vegetation densities on this landscape to more natural historic levels, protect surrounding areas of older forest structure and owl habitat, build more fire resilience into this landscape, and provide wood and job opportunities for local communities through project activities. • Reduce the occurrence or risk of stand-replacing wildfire. • Protect public safety and homes by providing safe access for firefighters and the public. Proposed Action The Scott River District of the Klamath National Forest proposes that the Westpoint treats vegetation on approximately 930 acres in the general area of Middle Creek Watershed and Scott Bar Mountain about 12 miles west of the community of Fort Jones, California. The vegetation treatment would utilize a variety of silvicultural prescriptions. Tractor, cable, and helicopter logging methods would be used, with cable as the predominant method. Project-generated fuels would be treated through a combination of methods. All Shasta red fir, white fir, and hemlock stumps would be hand treated with the fungicide Sporax® to reduce the spread of fungus *Heterobasidion annosum* ( *Fomes annosus* ). Openings created from group selection and green tree retention prescriptions would be planted and baiting for pocket gophers. Baiting application method would consist of probing and/or spooning method of below-ground application of strychnine. There would be no new classified road construction. Approximately five miles of classified roads are proposed for decommissioning in this project design. About two miles of new unclassified roads would be used, then closed and hydrologically restored. Around two miles of existing unclassified roads would be upgraded and added to the National Forest System road system. About 12 miles of road are proposed for maintenance level changes (seasonal road closures). The legal description for the proposal is Township 44 North, Range 10 West, Section 6; Township 44 North, Range 11 West, Section 1-18, 21-26, and 27; Township 44 North, Range 12 West, Sections 1 and 12; Township 45 North, Range 11 West, Section 31; and Township 45 North, Range 12 West, Section 36, Mount Diablo Meridian. All activities would likely be completed within five years of the decision being made. Nature of Decision To Be Made The Forest Service must decide whether it will implement this project; implement an alternative that meets the purpose and need; or not implement any project at this time. Responsible Official Margaret Boland, Forest Supervisor, USDA Forest Service, 1312 Fairlane Road, Yreka, California 96097 is the Responsible Official. Scoping Process In the winter of 2002, scoping for an environmental assessment for a similar project in the same analysis area was initiated and included in the Klamath National Forest's Winter 2002 Schedule of Proposed Actions, which was posted on the Klamath National Forest's Internet Web site and mailed to interested parties. In March 2002, a scoping letter was sent to potentially affected individuals and anyone who expressed interest in the proposal. The original decision was invalidated by Judge Shubb in May 2005, with direction to proceed with an environmental impact statement. In the spring of 2006, scoping for this environmental impact statement was initiated and included in the Spring 2006 Schedule of Proposed Actions and posed on the Klamath National Forest's Internet Web site and mailed to interested parties. This project is similar to the previous proposal; however, suggestions from the public helped to define this proposal. This Notice of Intent invites additional public comment on this proposal and initiated the preparation of the environmental impact statement. Due to the extensive scoping effects already conducted, no scoping meeting is planned. The public is encouraged to take part in the planning process and to visit with Forest Service officials at any time during the analysis and prior to the decision. Comment Requested This notice of intent initiates the scoping process, which guides the development of the environmental impact statement. While public participation in this analysis is welcome at any time, comments received within 30 days of the publication of this notice will be especially useful in the preparation of the draft environmental impact statement. The scoping process will include identifying potential issues, significant issues to be analyzed in depth, alternatives to the proposed action, and potential environmental effects of the proposal and alternatives. Early Notice of Importance of Public Participation in Subsequent Environmental Review The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the **Federal Register** . The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental impact statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. *Vermont Yankee Nuclear Power Corp.* v. * NRDC,* 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. *City of Angoon* v. *Hodel,* 803 F.2d 1016, 1022 (9th Cir. 1986) and *Wisconsin Heritages, Inc.* v. *Harris,* 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received in response to this scoping notice as well as comments received on the subsequent draft environmental impact statement, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: June 6, 2006. Margaret J. Boland, Forest Supervisor, Klamath National Forest. [FR Doc. 06-5628 Filed 6-22-06; 8:45 am]

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