[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Rules and Regulations]
[Pages 34396-34397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16772]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 600

[Docket No. 970304043-7145-03; I.D. 061397A]
RIN 0648-AJ59


Magnuson-Stevens Act Provisions; Foreign Fishing Vessels in 
Internal Waters; Reporting Requirements

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

ACTION: Final rule, technical amendment and correction.

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SUMMARY: On May 19, 1997, NMFS published a final rule implementing new 
reporting requirements for foreign fishing vessels (FFV's) operating in 
the internal waters of a state. This document corrects a typographical 
error in that final rule and makes a technical amendment to clarify 
that the reporting of the location of where fish were harvested must 
include the name and official vessel number of the vessel of the United 
States that harvested the fish.

DATES: Effective June 26, 1997.

ADDRESSES: Comments regarding burden-hour estimates for the collection-
of-information requirements contained in this final rule should be sent 
to George H. Darcy, F/SF3, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910, and the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.

SUPPLEMENTARY INFORMATION: On May 19, 1997, NMFS published a final rule 
at 62 FR 27182 that implemented reporting requirements for FFV's 
operating in the internal waters of a state, to reflect the October 
1996 amendments to the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). 
Additional background for that action is contained in the preamble to 
the final rule and in the preamble to the proposed rule that was 
published March 20, 1997, at 62 FR 13360, and is not repeated here.
    Following publication of the final rule, it was recognized that the 
reporting element added at 50 CFR 600.508(f)(2)(i)(D), which requires 
that the harvest location of the fish received for processing be 
reported, was not sufficiently explicit. In order for NMFS to properly 
account for such harvested fish, the harvest location information must 
include the name and official number of the vessel of the United States 
that harvested the fish. This technical amendment makes that reporting 
requirement explicit by revising Sec. 600.508(f)(2)(i)(D). Such 
information is expected to be maintained as a normal part of conducting 
business and does not materially change the burden hour estimates 
published in the preamble to the May 19, 1997, final rule.
    Because section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) 
requires agencies to inventory and display a current control number 
assigned by the Director, OMB, for each agency information collection, 
the May 19, 1997, final rule also amended 15 CFR 902.1(b) by adding the 
control number for the approved collection of information. A 
typographical error in the final rule transposed the numerals in the 
OMB approval number that was added to the table in 15 CFR 902.1(b); 
this final rule corrects that error. Under NOAA Administrative Order 
205-11, 7.01, dated December 17, 1990, the Under Secretary for Oceans 
and Atmosphere has delegated to the Assistant Administrator for 
Fisheries, NOAA, the authority to sign material for publication in the 
Federal Register.

Classification

    Because this technical amendment makes only a minor, non-
substantive clarification and correction to an existing rule, prior 
notice and opportunity for public comment would serve no purpose. 
Accordingly, the Assistant Administrator for Fisheries, under 5 U.S.C. 
553(b)(B), for good cause finds that prior notice and opportunity for 
public comment are unnecessary. For the same reasons, there is good 
cause under 5 U.S.C. 553(d) not to delay the effective date of the 
technical amendment for 30 days.
    Because this rule is being issued without prior comment, it is not 
subject to the Regulatory Flexibility Act requirement for a regulatory 
flexibility analysis and none has been prepared.
    This rule contains a collection-of-information requirement subject 
to the PRA. This collection has been approved by OMB under control 
number 0648-0329. Public reporting burden is estimated to average 0.5 
hours per response to fill out and submit each weekly report to the 
Regional Administrator, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding burden estimates, or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
and OMB (see ADDRESSES).
    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 collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number.
    This rule makes minor technical changes to a rule that has been 
determined to be not significant under E.O. 12866. No changes in the 
regulatory impact previously reviewed and analyzed will result from 
implementation of this technical amendment.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 600

    Fisheries, Fishing.

    Dated: June 23, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter VI are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by revising 
the entry for 50 CFR 600.508 to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

[[Page 34397]]



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                                                            Current OMB 
                                                          control number
  CFR part or section where the information collection     (all numbers 
                 requirement is located                     begin with  
                                                              0648-)    
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                  *        *        *        *        *                 
50 CFR                                                                  
                  *        *        *        *        *                 
600.508.................................................           -0329
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *

50 CFR Chapter VI

PART 600--MAGNUSON ACT PROVISIONS

    3. The authority citation for part 600 continues to read as 
follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    4. In Sec. 600.508, paragraph (f)(2)(i)(D) is revised to read as 
follows:


Sec. 600.508  Fishing operations.

* * * * *
    (f) * * *
    (2) * * *
    (i) * * *
    (D) Location(s) from which the fish received were harvested and the 
name and official number of the vessel of the United States that 
harvested the fish.
* * * * *
[FR Doc. 97-16772 Filed 6-25-97; 8:45 am]
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