[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Rules and Regulations]
[Pages 78969-78970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31782]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

[Docket No. 110819516-5999-03]
RIN 0648-BB02


Atlantic Highly Migratory Species; Smoothhound Shark Management 
Measures

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

ACTION: Final rule; effective date of OMB control numbers.

-----------------------------------------------------------------------

SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements contained in 
regulations pertaining to the U.S. Atlantic smoothhound shark fisheries 
in a final rule that was published on November 24, 2015. The intent of 
this final rule is to inform the public of the effectiveness of the 
collection-of-information requirements associated with the commercial 
smoothhound shark permit.

DATES: This final rule is effective on March 15, 2016.

ADDRESSES: Written comments regarding burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by email to [email protected], or 
fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202-670-6637 
or email at [email protected].

SUPPLEMENTARY INFORMATION: Atlantic sharks, including smoothhound 
sharks, are managed under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), and the 
authority to promulgate regulations under the Magnuson-Stevens Act has 
been delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA. On October 2, 2006, NMFS published in the Federal 
Register (71 FR 58058) final regulations, effective November 1, 2006, 
which detailed management measures for Atlantic Highly Migratory 
Species (HMS) fisheries, including for the Atlantic shark fisheries. 
The implementing regulations for the 2006 Consolidated HMS FMP and its 
amendments are at 50 CFR part 635.
    The final rule implementing Amendment 9 to the 2006 Consolidated 
Atlantic HMS Fishery Management Plan (FMP) (Amendment 9) was published 
on November 24, 2015 (80 FR 73128) and included measures to bring 
smoothhound sharks under Federal management. Among these measures was a 
commercial smoothhound shark permit requirement for Federal smoothhound 
shark fishermen in the Atlantic Ocean and Gulf of Mexico. At the time 
of publication of the final rule implementing Amendment 9, collection-
of-information requirements associated with the smoothhound shark 
permit were pending approval by OMB.
    OMB approved the collection-of-information requirements contained 
in the final rule on December 10, 2015. Additionally, the application 
for the smoothhound shark permit is now available.

Classification

Paperwork Reduction Act

    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 0648-0205. This collection is revised to 
add a commercial smoothhound shark permit in association with Amendment 
9 to the HMS FMP (Amendment 9). Among other things, Amendment 9 
implements a commercial smoothhound shark permit requirement for 
vessels retaining smoothhound sharks caught in Federal waters of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. This 
permit requirement will aid in identifying the participants in the 
smoothhound shark fishery to facilitate information gathering for 
fishery management and quota monitoring, facilitate enforcement of 
fishing regulations, and help maintain a sustainable fishery. The 
commercial smoothhound shark permitting requirement will become 
effective on March 15, 2016. NMFS estimates up to 500 applicants for 
the new permit with each response taking 30 minutes. Thus, this 
revision will add 500 respondents, 500 responses, and 250 burden hours 
to fill out and submit an application for a commercial smoothhound 
shark permit. Additionally, a $25 application fee will result in a 
total of $12,500 additional cost to OMB Control Number 0648-0205.

Administrative Procedure Act

    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 NMFS or OMB. In 
addition, the public has had the opportunity to comment on both the 
substance of the reporting requirements, at the time NMFS adopted them, 
and on NMFS' request to OMB for revision of the information collection. 
The reporting requirements at issue were detailed in a proposed rule on 
which NMFS accepted public comment. The reporting provisions in 50 CFR 
635.4 were initially published at 79 FR 56047 on September 18, 2014, 
with comments accepted until November 14, 2014, and published as a 
final rule at 80 FR 73128 on November 24, 2015. An additional 
opportunity for public comment at this point would not be meaningful, 
and would be duplicative.

Regulatory Flexibility Act

    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.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: December 14, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 as follows:

[[Page 78970]]

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENT 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, in the table in paragraph (b), under the entry ``50 
CFR'', add an entry in alphanumeric order for ``635.4(e)(4)'' to read 
as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                            control No.
  CFR part or section where the information collection     (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR                                                    ..............
 
                                * * * * *
635.4(e)(4).............................................           -0205
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-31782 Filed 12-15-15; 11:15 am]
 BILLING CODE 3510-22-P