[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Proposed Rules]
[Pages 43803-43804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 070719377-2189-01]
RIN 0648-AV81


Confidentiality of Information; Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act; Correction

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

ACTION: Proposed rule, extension of public comment period and 
correction.

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SUMMARY: The National Marine Fisheries Service (NMFS) is further 
extending the date by which public comments are due concerning proposed 
regulations to revise existing regulations governing the 
confidentiality of information submitted in compliance with any 
requirement or regulation under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act or MSA). NMFS 
published the proposed rule on May 23, 2012 and announced that the 
public comment period would end on June 22, 2012. NMFS published a 
revision on June 13, 2012, extending the comment period to August 21, 
2012. With this notice, NMFS is extending the comment period to October 
21, 2012. Additionally, this action corrects Release of confidential 
information, in which the paragraphs were incorrectly numbered.

DATES: The deadline for receipt of comments on the proposed rule 
published on May 23, 2012 (77 FR 30486), and revised on June 13, 2012 
(77 FR 35349), is extended to October 21, 2012.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket Number NOAA-NMFS-2012-0030, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2012-0030 in the keyword search. 
Locate the document you wish to comment on from the resulting list and 
click on the ``Submit a Comment'' icon on the right of that line.
     Mail: Submit written comments to Karl Moline, NMFS, 
Fisheries Statistics Division F/ST1, Room 12441, 1315 East West 
Highway, Silver Spring, MD 20910.
     Fax (301) 713-1875; Attn: Karl Moline
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing

[[Page 43804]]

on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Karl Moline at 301-427-8225.

SUPPLEMENTARY INFORMATION: 

Background

    On May 23, 2012, NMFS published a proposed rule at 77 FR 30486 that 
would revise existing regulations on the handling of information 
required to be maintained as confidential under the Magnuson-Stevens 
Act. The purposes of the proposed rule is to make both substantive and 
non-substantive changes necessary to comply with the MSA as amended by 
the 2006 Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act (MSRA) and the 1996 Sustainable Fisheries Act 
(SFA). In addition, the rule proposes to address some significant 
issues that concern NMFS' application of the MSA confidentiality 
provision to requests for information.
    NMFS received several requests from fishery management councils and 
representatives of fishing and environmental organizations to extend 
the comment period on the proposed rule in order to allow the councils 
and other organizations to review the proposed rule and solicit 
feedback from their members. NMFS published a revision on June 13, 2012 
(77 FR 35349), extending the comment period to August 21, 2012.
    NMFS has received requests to extend the comment period beyond 
August 21, 2012, in order to allow councils additional time to prepare 
comments. We have considered these requests and conclude that an 
additional 60-day extension is appropriate.

Need for Correction

    Paragraph designations errors appear in the proposed rule published 
on May 23, 2012 (77 FR 30486), beginning on page 30495, in the third 
column which will likely confuse the public if not corrected. Through 
this action, NMFS corrects and republishes Sec.  600.425 as follows:


Sec.  600.425  Release of confidential information.

    (a) NMFS will not disclose to the public any confidential 
information except when:
    (1) Authorized by an FMP or regulations under the authority of the 
North Pacific Council to allow disclosure of observer information to 
the public of weekly summary bycatch information identified by vessel 
or for haul-specific bycatch information without vessel identification.
    (2) Observer information is necessary in proceedings to adjudicate 
observer certifications.
    (3) Confidential information is required to be submitted to the 
Secretary for any determination under a limited access program. This 
exception applies to confidential information that NMFS has used, or 
intends to use, for a regulatory determination under a limited access 
program. For the purposes of this exception:
    (i) Limited Access Program means a program that allocates 
privileges, such as a portion of the total allowable catch, an amount 
of fishing effort, or a specific fishing area, to a person.
    (ii) Determination means a grant, denial, or revocation of 
privileges; approval or denial of a transfer of privileges; or other 
similar regulatory determinations by NMFS applicable to a person.
    (4) Required to comply with a federal court order. For purposes of 
this exception:
    (i) Court means an institution of the judicial branch of the U.S. 
Federal government consisting of one or more judges who seek to 
adjudicate disputes and administer justice. Entities not in the 
judicial branch of the Federal government are not courts for purposes 
of this section.
    (ii) Court order means any legal process which satisfies all of the 
following conditions:
    (A) It is issued under the authority of a Federal court;
    (B) A judge or magistrate judge of that court signs it; and
    (C) It commands NMFS to disclose confidential information as 
defined under Sec.  600.10.
    (5) Necessary for enforcement of the Magnuson-Stevens Act, or any 
other statute administered by NOAA; or when necessary for enforcement 
of any State living marine resource laws, if that State has a Joint 
Enforcement Agreement that is in effect.
    (6) The Secretary has obtained written authorization from the 
person submitting such information to release it to persons for reasons 
not otherwise provided for in Magnuson-Stevens Act subsection 402(b) 
and such release does not violate other requirements of the Act. NMFS 
will apply this exception as follows:
    (i) When a permit-holder is required to submit information in 
compliance with requirements of the Act, the permit-holder or designee 
may execute the written authorization for release of that information. 
Otherwise, the person who is required to submit the information and is 
identified in that information as the submitter may execute the written 
authorization for that information.
    (ii) For observer information, a permit-holder may execute a 
written authorization for release of observed catch, bycatch, 
incidental take data, economic data, recorded biological sample data, 
and other information collected for scientific and management purposes 
by an observer while carried aboard the permit-holder's vessel.
    (iii) A permit-holder or designee or other person described under 
paragraph (a)(6)(i) of this section must provide a written statement 
authorizing the release of the information and specifying the person(s) 
to whom the information should be released.
    (iv) A permit-holder or designee or other person described under 
paragraph (a)(6)(i) of this section must prove identity by a statement 
of identity consistent with 28 U.S.C. 1746, which permits statements to 
be made under penalty of perjury as a substitute for notarization. The 
statement of identity must be in the following form:
    (A) If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)''.
    (B) If executed within the United States, its territories, 
possessions, or commonwealths: ``I declare (or certify, verify, or 
state) under penalty of perjury that the foregoing is true and correct. 
Executed on (date). (Signature)''.
    (v) The Secretary must determine that a release under paragraph 
(a)(6) of this section does not violate other requirements of the 
Magnuson-Stevens Act and other applicable laws.
    (b) [Reserved]

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

    Dated: July 20, 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.
[FR Doc. 2012-18295 Filed 7-25-12; 8:45 am]
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