[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Rules and Regulations]
[Pages 58930-58931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22737]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 120614172-2395-01]
RIN 0648-BC29
Fisheries Off West Coast States; West Coast Salmon Fisheries;
Announcing OMB Approval of Information Collection
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; effective date of OMB control numbers.
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SUMMARY: This rule provides notice of the approval by the Office of
Management and Budget (OMB) and resulting effectiveness of the
collection-of-information requirements published by NMFS on July 2,
1996. OMB approved the collection-of-information requirements in April
2001, and extended that approval in September 2001, November 2004,
April 2008, and July 2011.
DATES: The amendments in this rule are effective October 25, 2012. The
collection-of-information requirements in Sec. 660.404, published on
July 2, 1996 (61 FR 34570), are effective October 25, 2012. OMB
approves the collection-of-information requirements in Sec. 660.408,
published on July 2, 1996 (61 FR 34570), as of October 25, 2012.
ADDRESSES: This final rule is also accessible on the Web site of NMFS'
Northwest Region (http://www.nwr.noaa.gov). Written comments regarding
the burden-hour estimates or other aspects of the collection-of-
information requirements contained in this final rule may be submitted
to William W. Stelle, Jr., Regional Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy, Northwest Region Salmon
Management Division, NMFS, 206-526-4323.
SUPPLEMENTARY INFORMATION: NMFS published a final rule on July 2, 1996
(61 FR 34570) that consolidated several parts of the Code of Federal
Regulations (CFR) into a new CFR part 660 containing regulations for
implementing management measures for fisheries operating in the
exclusive economic zone (EEZ) off West Coast states. This new part 660
included a collection of information associated with recordkeeping and
reporting requirements regulations at Sec. 660.404 and Sec.
660.408(o). This collection was previously associated with regulations
at Sec. 661.4 and Sec. 661.20, under OMB control number 0648-0222.
The 1996 rule stated that OMB approval under control number 0648-0222
had expired and that NMFS was in the process of obtaining OMB approval
for the collection of information under the new regulations.
This final rule announces OMB approval and effectiveness of the
collection of information associated with regulations at Sec. 660.404
and Sec. 660.408(o). Initial approval of these regulations in their
current location in the Code of Federal regulations occurred on April
25, 2001 under OMB control number 048-0433. OMB extended this approval
on September 28, 2001, November 29, 2004, April 8, 2008, and July 8,
2011. The current approval expires on July 31, 2014.
Classification
This rule makes effective a collection of information requirement
subject to the Paperwork Reduction Act. The collection of this
information has been approved by the Office of Management and Budget
(OMB) under OMB Control Number 0648-433. Based on the management regime
specified each year, designated regulatory areas in the commercial
ocean salmon fishery off the coasts of Washington, Oregon, and
California may be managed by numerical quotas. To accurately assess
catches relative to quota attainment during the fishing season, catch
data by regulatory area must be collected in a timely manner. The
requirements to land salmon within specific time frames and in specific
areas may be implemented in the preseason regulations to aid in timely
and accurate catch accounting for a regulatory area. State landing
systems normally gather the data at the time of landing. If unsafe
weather conditions or mechanical problems prevent compliance with
landing requirements, fishermen need an alternative to allow for a safe
response. Fishermen would be exempt from landing requirements if the
appropriate notifications are made to provide the name of the vessel,
the port where delivery will be made, the approximate amount of salmon
(by species) on board, and the estimated time of arrival. These reports
are generally made via at-sea radio, cellular phone transmissions, or
other electronic communication. The annual reporting burden to the
public is estimated at 10 hours, based on an estimated 15 minutes per
response.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and opportunity for public comment for this action because
notice and comment would be unnecessary and contrary to the public
interest. This action simply provides notice of OMB's approval of the
reporting requirements at issue, which has already occurred, and
renders those requirements effective. Thus this action does not involve
any further exercise of agency discretion and no comment received at
this time would impact any decision by NOAA or OMB. In addition, the
public has had the opportunity to comment on both the substance of the
reporting requirements, at the time NOAA adopted them, and on NOAA's
requests for extension of OMB's approval. The reporting requirements at
issue were detailed in proposed rules on which NOAA accepted public
comment. The reporting provisions in 50 CFR 660.404(a) were initially
published at 49 FR 32414-01 (August 14, 1984), with comments accepted
until September 21, 1984, and published as a final rule at 49 FR 43679-
02 (October 31, 1984). The
[[Page 58931]]
reporting provisions in 50 CFR 660.408(o) and 50 CFR 660.404 were
initially published at 54 FR 11976-01 (March 23, 1989), with comments
accepted until April 5, 1989, prior to publication of the final rule at
54 FR 19185-01 (May 4, 1989). NOAA published notice of and requested
public comments on its requests for OMB's approval of the information
collection and prior to each extension of OMB's approval (e.g., 66 FR
17147, March 29, 2001; 66 FR 28731, May 24, 2001; 69 FR 35331, June 24,
2004; 72 FR 33204, June 15, 2007; 76 FR 329, January 4, 2011). NOAA
received no comments on the 2011 request for extension. An additional
opportunity for public comment at this point would not be meaningful,
and would be duplicative.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects
15 CFR Part 902
Recordkeeping and reporting requirements.
50 CFR Part 660
Fisheries off west coast States.
Dated: September 11, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR
part 660 are amended as follows:
Title 15
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, the table in paragraph (b) under ``50 CFR'' is
amended by removing the entries for 661.4 and 661.20, and by adding
entries for 660.404 and 660.408 in numerical order to read as follows:
Sec. 902.1 OMB Control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) Display.
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Current OMB control
CFR part or section where the information number (All numbers
collection requirement is located begin with 0648-)
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* * * * * * *
50 CFR........................................ ........................
* * * * * * *
660.404....................................... -0433
660.408....................................... -0433
* * * * * * *
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PART 660--FISHERIES OFF WEST COAST STATES
0
3. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
Sec. 660.404 [Amended]
0
4. The collection-of-information requirements in Sec. 660.404,
published on July 2, 1996 (61 FR 34570), are effective October 25,
2012.
[FR Doc. 2012-22737 Filed 9-24-12; 8:45 am]
BILLING CODE 3510-22-P