[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Rules and Regulations]
[Pages 64311-64312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26599]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 300 and 600

[Docket No. 020925223-2223-01; I.D. 091002I]
RIN 0648-AP89


Atlantic Highly Migratory Species (HMS); NOAA Information 
Collection Requirements; Technical Amendment

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

ACTION: ACTION: Final rule; technical amendment.

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SUMMARY: This final rule, technical amendment, corrects the cross-
references in several parts to regulations that have since been 
removed, and it updates the Office of Management and Budget (OMB) table 
to add new OMB approvals and to correct control number references to 
the appropriate Code of Federal Regulations (CFR) part or section. The 
intent is to correct and clarify existing regulations and to comply 
with the requirement of the Paperwork Reduction Act (PRA) that agencies 
display current OMB control numbers for each agency information 
collection requirement and to make this information available to the 
public.

DATES: Effective October 18, 2002.

ADDRESSES: Any comments regarding burden-hour estimates for collection-
of-information requirements contained in this final rule should be sent 
to Christopher Rogers, Chief, Highly Migratory Species Management 
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910-3282, and to the Office of Information 
and Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Christopher Rogers, 301-713-2347.

SUPPLEMENTARY INFORMATION:

Cross References

    On May 28, 1999, NMFS published a final rule (64 FR 29090) that 
implemented the Fishery Management Plan for Atlantic Tunas, Swordfish, 
and Sharks (HMS FMP) and an Amendment to the Atlantic Billfish FMP, 
which consolidated regulations for Atlantic HMS into one part of the 
Code of Federal Regulations (CFR). The final consolidated rule 
inadvertently left in some cross-references to parts that were removed 
as part of the consolidation. This final rule, technical amendment, 
corrects references to removed regulations at 50 CFR part 285 and now 
references the consolidated regulations at 50 CFR part 635 for the 
sections on reporting requirements at 50 CFR 300.17, definitions at 50 
CFR 600.10, and observer requirements at 50 CFR 600.746.

OMB Control Numbers

    NOAA codifies its OMB control numbers for information collection at 
15 CFR part 902. Part 902 of title 15 CFR displays control numbers that 
OMB assigned to NMFS information pursuant to the PRA, for the public's 
information.
    This final rule, technical amendment, brings part 902 up to date 
and corrects omissions and errors by revising the table in section 1, 
paragraph (b) under 50 CFR to reflect the most current OMB control 
numbers associated with NMFS information collections contained in 
regulations appearing in title 50. All of the information collections 
displayed in section 1(b) have previously been submitted to OMB for 
approval during implementation of regulations appearing in the 
individual parts of title 50; this final rule, technical amendment, 
does not involve any new reporting or recordkeeping requirements.

Classification

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any 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.
    The Assistant Administrator for Fisheries finds, pursuant to 5 
U.S.C. 553 (b)(B), that, because this final rule makes only minor, non-
substantive changes and does not change operating practices in the 
fishery, it is unnecessary under 5 U.S.C. 553(b)(B) to provide for 
prior public comment. Because this final rule, technical amendment, 
does not constitute a substantive rule, good cause exists to waive the 
30-day delay in effective date under 5 U.S.C. 553(d). Under this final 
rule, the HMS fisheries would continue to operate as they have under 
existing regulations with no changes or disruptions to fishing 
practices. This final rule makes no substantive changes to existing 
regulations, but rather removes potential confusion by eliminating 
outdated cross-references to regulations that NMFS previously removed. 
In addition, this final rule updates OMB control numbers associated 
with NMFS information collections, all of which OMB has previously 
approved.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Exports, Fish, Fisheries, Fishing, Imports, Labeling, Marine 
resources, Penalties, Reporting and recordkeeping requirements, 
Transportation, Treaties, and Wildlife.

50 CFR Part 600

    Fisheries, Fishing.


[[Page 64312]]


    Dated: October 10, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapters III and 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, the table in paragraph (b) under 50 CFR is 
amended by removing the entries for part 635 from Sec.  635.4(d) 
through Sec.  635.69(a), and, in the right hand column in corresponding 
positions, the control numbers, and by adding in their place the 
following entries to read as follows:


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

* * * * *
    (b) Display.

------------------------------------------------------------------------
                                              Current OMB control number
 CFR part or section where the information     (all numbers begin with
     collection requirement is located                  0648-)
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                                * * * * *
 
50 CFR                                       ...........................
                                * * * * *
635.4(b)                                     -0327
635.4(d)                                     -0327
635.4(g)                                     -0202 and -0205
635.5(a)                                     -0371, -0328, and -0452
635.5(b)                                     -0013 and -0239
635.5(c)                                     -0328 and -0446
635.5(d)                                     -0323
635.5(f)                                     -0380
635.6(c)                                     -0373
635.7(c)                                     -0374
635.21(d)                                    -0202
635.26                                       -0247
635.31(b)                                    -0216
635.32                                       -0309
635.33                                       -0338
635.42                                       -0040
635.43                                       -0040
635.44                                       -0040
635.46                                       -0363
                                * * * * *
 
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50 CFR Chapter III

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    3. The authority citation for part 300 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et 
seq.; 16 U.S.C. 973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-
3378; 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 
et seq.
    4. In Sec.  300.17, paragraph (b)(1)(iv) is revised to read as 
follows:


Sec.  300.17  Reporting.

* * * * *
    (b) * * *
    (1) * * *
    (iv) Atlantic Purse Seine--Vessel Logbook (50 CFR 635.5);
* * * * *

50 CFR Chapter VI

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    5. 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.
    6. In Sec.  600.10, the definitions for ``Exempted educational 
activity'' and ``Exempted or experimental fishing'' are revised to read 
as follows:


Sec.  600.10  Definitions.

* * * * *
    Exempted educational activity means an activity, conducted by an 
educational institution accredited by a recognized national or 
international accreditation body, of limited scope and duration, that 
is otherwise prohibited by part 635 or chapter VI of this title, but 
that is authorized by the appropriate Director or Regional 
Administrator for educational purposes.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by part 635 
or chapter VI of this title, but that are authorized under an exempted 
fishing permit (EFP). These regulations refer exclusively to exempted 
fishing. References in part 635 of this title and elsewhere in this 
chapter to experimental fishing mean exempted fishing under this part.
* * * * *

    7. In Sec.  600.746, paragraph (c)(1) introductory text is revised 
to read as follows:


Sec.  600.746  Observers.

* * * * *
    (c) Inadequate or unsafe vessels. (1) A vessel is inadequate or 
unsafe for purposes of carrying an observer and allowing operation of 
normal observer functions if it does not comply with the applicable 
regulations regarding observer accommodations (see 50 CFR parts 229, 
300, 600, 622, 635, 648, 660, and 679) or if it has not passed a USCG 
safety examination or inspection. A vessel that has passed a USCG 
safety examination or inspection must display one of the following:
* * * * *
[FR Doc. 02-26599 Filed 10-17-02; 8:45 am]
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