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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Proposed Rules TABLE 4FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANSContinued Take reduction plans
Affected fisheries
False Killer Whale Take Reduction Plan FKWTRP50 CFR 229.37 ..

Harbor Porpoise Take Reduction Plan HPTRP50 CFR 229.33 New England and 229.34 Mid-Atlantic.
Pelagic Longline Take Reduction Plan PLTRP50 CFR 229.36
Pacific Offshore Cetacean Take Reduction Plan POCTRP50 CFR
229.31.
Atlantic Trawl Gear Take Reduction Team ATGTRT

Category I
HI deep-set longline.
Category II
HI shallow-set longline.
Category I
Mid-Atlantic gillnet.
Northeast sink gillnet.
Category I
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline.
Category II
CA thresher shark/swordfish drift gillnet 14 in mesh.
Category II
Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl including pair trawl.
Northeast bottom trawl.
Northeast mid-water trawl including pair trawl.

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List of Symbols Used in Table 4:
Only applicable to the portion of the fishery operating in U.S. waters; and Only applicable to the portion of the fishery operating in the Atlantic Ocean.

Classification The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration SBA that this proposed rule would not have a significant economic impact on a substantial number of small entities. Any entity with combined annual fishery landing receipts less than $11 million is considered a small entity for purposes of the Regulatory Flexibility Act. Under the size standard, all entities subject to this action were considered small entities; thus, they all would continue to be considered small under the new standards.
Under existing regulations, all individuals participating in Category I
or II fisheries must register under the MMPA and obtain an authorization certificate. The authorization certificate authorizes the taking of non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Additionally, individuals may be subject to a TRP and requested to carry an observer. NMFS has estimated that up to approximately 55,502 fishing vessels, most with annual revenues below the SBAs small entity thresholds, may operate in Category I or II fisheries. As fishing vessels operating in Category I or II fisheries, they are required to register with NMFS. The MMPA registration process is integrated with existing state and Federal licensing, permitting, and registration programs. Therefore, individuals who have a state or Federal fishing permit or landing license, or who are authorized through another related state or Federal fishery registration program, are currently not required to register
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separately under the MMPA or pay the $25 registration fee. Through this integrated process, registration under the MMPA, including the $25
registration fee, is only required for vessels participating in a Category I or II non-permitted fishery. All Category I
and II fisheries listed on the 2022
proposed LOF are permitted through state or Federal processes, and registration under the MMPA is covered through the integrated process.
Therefore, this proposed rule would not impose any direct costs on small entities.
The MMPA requires any vessel owner or operator participating in a fishery listed on the LOF to report to NMFS, within 48 hours of the end of the fishing trip, all marine mammal incidental mortalities and injuries that occur during commercial fishing operations.
These marine mammal mortalities and injuries are reported using a postagepaid, Office of Management and Budget OMB approved form OMB Control Number 06480292. This postage-paid form requires less than 15 minutes to complete and can be dropped in any mailbox, faxed, emailed, or completed online within 48 hours of the vessels return to port. Therefore, record keeping and reporting costs associated with this LOF are minimal and would not have a significant impact on a substantial number of small entities.
If a vessel is requested to carry an observer, vessels will not incur any direct economic costs associated with carrying that observer. As a result of this certification, an initial regulatory flexibility analysis is not required and none has been prepared. In the event that reclassification of a fishery to Category I or II results in a TRP,
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economic analyses of the effects of that TRP would be summarized in subsequent rulemaking actions.
This proposed rule contains existing collection-of-information COI
requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements.
The COI for the registration of individuals under the MMPA has been approved by the OMB under OMB
Control Number 06480293 0.15 hours per report for new registrants. The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB Control Number 06480292 0.15 hours per report. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Send comments regarding these reporting burden estimates or any other aspect of the COI, including suggestions for reducing burden, to NMFS see ADDRESSES. You may also submit comments on these or any other aspects of the collection of information at www.reginfo.gov/public/do/PRAMain.
Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with a COI, subject to the requirements of the Paperwork Reduction Act, unless that COI displays a currently valid OMB
control number.
This proposed rule has been determined to be not significant for the purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative Order NAO 2166A, NMFS preliminarily
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