[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39271-39272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18897]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 210, 216, 250, 270, and 604

[Docket No. 950718182-5182-01; I.D. 070695B]
RIN 0648-AI08


Removal of Regulations

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


[[Page 39272]]

ACTION: Final rule.

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SUMMARY: NMFS amends the Code of Federal Regulations (CFR) to remove 
regulations that are no longer needed. This action is consistent with 
the President's Regulatory Reform Initiative.

EFFECTIVE DATE: August 2, 1995.

FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2344.

SUPPLEMENTARY INFORMATION:
    On March 4, 1995, as part of the President's Regulatory Reform 
Initiative, the President directed agencies to conduct a page-by-page 
review of all regulations and eliminate or revise those that are 
outdated or otherwise in need of reform. After conducting a review of 
50 CFR parts 210, 216 (subparts G and H), 250, 270, and 604, it was 
determined that they were not needed and could be removed.

50 CFR Part 210

    Part 210 contains regulations that were promulgated under the North 
Pacific Fisheries Act of 1954, which implemented the International 
Convention for the High Seas Fisheries of the North Pacific Ocean. 
After that convention was replaced by the Convention for the 
Conservation of Anadromous Stocks in the North Pacific Ocean, the 1954 
statute was repealed by Public Law 102-567. Thus, part 210 is without 
statutory basis and is being removed.

50 CFR Part 216, Subparts G and H

    Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal 
Protection Act (MMPA) (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 
1371(b)) authorize the Assistant Administrator for Fisheries, NOAA (AA) 
to (1) issue regulations governing the taking of marine mammals 
incidental to commercial fishing operations; (2) waive section 101's 
moratorium on the taking and importing of marine mammals under the AA's 
jurisdiction, and adopt regulations with respect to the taking and 
importing of such mammals; and (3) prescribe regulations governing the 
taking of depleted marine mammals by any Indian, Aleut, or Eskimo, 
respectively. In prescribing regulations to carry out the provisions of 
these sections, section 101 requires that the procedures of section 103 
(16 U.S.C. 1373) be followed. Section 103(d) requires that regulations 
be made on the record after opportunity for an agency hearing on such 
regulations and on any determination by the AA to waive the moratorium 
pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)).
    On March 5, 1975 (40 FR 10183), NMFS issued rules of practice and 
procedure for all hearings conducted pursuant to section 103(d). 
Subpart G of part 216 contains these rules. Since that time, MMPA 
103(d) hearings have been held for only six rulemaking proceedings. As 
a result of amendments to the MMPA in 1984, 1991, and 1994, it is 
unlikely that section 103(d) hearings will be conducted in the 
foreseeable future. If section 103(d) rules of practice and procedure 
are needed in the future, NMFS will provide parties and the presiding 
Administrative Law Judge with proposed guidance for conducting the 
proceeding. As part of the pre-hearing conference, the participants 
will determine the process for conducting the hearing. Subpart H of 
part 216 contains only a reference note that is no longer needed. 
Because part 216 subparts G and H are no longer necessary, they are 
being removed.

50 CFR Part 250

    Part 250 of title 50 CFR contains regulations that implemented 
section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c), which 
established a Fisheries Loan Fund (Fund). Under that Act, the Fund 
ceased to exist on September 30, 1986, and any balance remaining in the 
Fund was transferred to the Treasury as miscellaneous receipts. Thus, 
part 250 is no longer needed and is being removed.

50 CFR Part 270

    Part 270 of title 50 CFR governs the establishment and conduct of 
Fish and Seafood Promotional Councils (Councils) under the authority of 
the Fish and Seafood Promotion Act of 1986. That Act authorized the 
establishment of a National Council to carry out generic marketing 
programs, including consumer education and research. Congress funded 
the National Council, but did not fund the Regional Councils. Funding 
for the National Council expired in fiscal year 1991; no Regional 
Councils have been established by the industry, and NMFS is unaware of 
any plans to do so. Therefore, part 270 is no longer needed and is 
being removed.

50 CFR Part 604

    Part 604 of title 50 CFR contains abbreviated summaries of laws, 
other than the Magnuson Fishery Conservation and Management Act, that 
are applicable to the development of fishery management plans. The 
information in part 604 is readily available to the public elsewhere, 
and its maintenance in part 604 is not needed. Therefore, part 604 is 
being removed.

Classification

    Because this rule only removes regulations that are no longer 
necessary, no useful purpose would be served by providing prior notice 
and opportunity for public comment on this rule. Accordingly, under 5 
U.S.C. 553(b)(B), the AA, for good cause, finds that it is unnecessary 
to provide prior notice and an opportunity for public comment for this 
rule. Also, because this rule only removes regulations that are no 
longer needed, the AA, for good cause, finds that no useful purpose 
would be served by delaying the rule's effective date for 30 days. 
Therefore, this rule is made effective upon publication.
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.

List of Subjects

50 CFR Part 210

    Fisheries.

50 CFR Part 216

    Administrative Practice and procedure, Imports, Indians, Marine 
Mammals, Penalties, Reporting and recordkeeping requirements, 
Transportation.

50 CFR Part 250

    Fisheries, Fishing vessels, Loan programs-business, Reporting and 
recordkeeping requirements.

50 CFR Part 270

    Administrative practice and procedure, Fisheries, Reporting and 
recordkeeping requirements, Seafood.

50 CFR Part 604

    Administrative practice and procedure, Fisheries, Fishing.

    Dated: July 26, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 210; part 216, 
subparts G (consisting of Secs. 216.70-216.90) and H (Note); and parts 
250, 270, and 604 are removed; and subchapter H is vacated.
[FR Doc. 95-18897 Filed 8-1-95; 8:45 am]
BILLING CODE 3510-22-F