[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Rules and Regulations]
[Pages 4905-4907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00712]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[200113-0012]
RIN 0648-BI53


Fisheries of the Exclusive Economic Zone Off Alaska; Halibut Deck 
Sorting Monitoring Requirements for Trawl Catcher/Processors Operating 
in Non-Pollock Groundfish Fisheries Off Alaska

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

ACTION: Final rule; lift of stay; date of effectiveness for collection-
of-information requirements.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements, which were contained 
in regulations to implement catch handling and monitoring requirements 
to allow Pacific halibut (halibut) bycatch to be sorted on the deck of 
trawl catcher/processors (C/Ps) and motherships participating in the 
non-pollock groundfish fisheries off Alaska, in a final rule published 
on October 15, 2019. The intent of this rule is to inform the public of 
the effectiveness of the collection-of-information requirements 
associated with the catch handling and monitoring requirements included 
in the October 15, 2019, final rule.

DATES: This rule is effective January 28, 2020. The stays of 50 CFR 
679.28(d)(9) and (10) and (l) and 679.120(b), (c), (d), and (e) are 
lifted effective January 28, 2020. The collection-of-information 
requirements in 50 CFR 679.28(d)(9) and (10) and (l) and 679.120(b), 
(c), (d), and (e) were effective December 16, 2019.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this rule may be submitted by mail to NMFS Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668; by email to [email protected]; 
or by fax to 202-395-5806.

FOR FURTHER INFORMATION CONTACT: Joseph Krieger, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the

[[Page 4906]]

exclusive economic zone under the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and under the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area. 
The North Pacific Fishery Management Council prepared these fishery 
management plans under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 
et seq. Regulations governing U.S. fisheries and implementing the 
Magnuson-Stevens Act are located at 50 CFR parts 600 and 679.

Background

    NMFS issued a final rule to implement catch handling and monitoring 
requirements to allow halibut bycatch to be sorted on the deck of trawl 
C/Ps and motherships participating in the non-pollock groundfish 
fisheries off Alaska. The final rule was published in the Federal 
Register on October 15, 2019 (84 FR 55044), and the associated 
regulations are found at 50 CFR part 679. The requirements of that 
final rule, other than the collection-of-information requirements 
associated with the catch handling and monitoring requirements, were 
effective on November 14, 2019. That final rule incorrectly stated that 
the collection-of-information requirements subject to the Paperwork 
Reduction Act (PRA) had been approved by the OMB at the time the final 
rule was published. That final rule also inadvertently omitted 
amendatory language to remove a now obsolete and unnecessary 
regulation. As a result, NMFS issued a rule correcting the final rule 
by adding the amendatory language removing an obsolete and unnecessary 
regulation, and staying the effectiveness of associated collection-of-
information requirements on December 9, 2019 (84 FR 67183). OMB 
approved the collection-of-information requirements contained in the 
final rule on December 16, 2019, under OMB Control Numbers 0648-0318 
(North Pacific Observer Program) and 0648-0330 (Alaska Region, Scale 
and Catch Weighing Requirements). Accordingly, this rule announces the 
approval and effective date of the approval and reporting requirements 
for the Deck Safety Plan, deck video monitoring system, and observer 
deck sampling station found at 50 CFR 679.28(d)(9) and (10) and (l) and 
679.120(b), (c), (d), and (e).

OMB Revisions to PRA References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) requires 
that agencies inventory and display a current control number assigned 
by the Director of the Office of Management and Budget (OMB), for each 
agency's information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule adds and revises collection-of-
information requirements, 15 CFR 902.1(b) is revised to reference 
correctly the sections resulting from this final rule.

Classification

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 by NMFS or OMB. Moreover, the 
public has had prior notice and the opportunity to comment on the 
collection-of-information requirements. NMFS published a proposed rule 
including the collection-of-information requirements (84 FR 15566; 
published April 16, 2019), with comments accepted until May 16, 2019. 
An additional opportunity for public comment at this point would not be 
meaningful and would be duplicative.
    For the reasons above, there is also good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effective date and make this 
rule effective immediately upon publication.

Executive Order 12866

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

Paperwork Reduction Act

    This final rule contains collection-of-information requirements 
subject to the PRA and which OMB approved under OMB Control Numbers 
0648-0318 and 0648-0330 on December 16, 2019. The public reporting 
burden for these collection-of-information requirements includes the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
OMB Control No. 0648-0318
    This final rule requires vessel owners or operators of trawl C/Ps 
and motherships who choose to sort halibut prohibited species catch 
(PSC) on deck to have a NMFS-approved Deck Safety Plan prior to 
participating in halibut deck sorting. Currently 24 vessels have 
participated in halibut deck sorting with a fully developed Deck Safety 
Plan. NMFS estimates approximately three new vessels may choose to 
participate in deck sorting over the next three years. Public reporting 
burden for the development of a new Deck Safety Plan during the first 
(initial) year a vessel participates in halibut deck sorting is 
estimated to average 12 hours. After the first year, the public 
reporting burden for a respondent to modify or renew an existing Deck 
Safety Plan is estimated to be one hour.
    For vessel owners or operators of trawl C/Ps and motherships who 
choose to sort halibut PSC on deck, the public reporting burden per 
response to notify the Observer Program by phone is estimated to be 
five minutes, the burden to notify the observer is estimated at two 
minutes, and appeal of a disapproved Deck Safety Plan is estimated at 4 
hours.
OMB Control No. 0648-0330
    When this action takes effect, 24 vessels will have participated in 
halibut deck sorting with installed deck video monitoring systems and 
observer deck sampling stations in compliance with regulations. NMFS 
estimates approximately three new vessels may choose to participate in 
deck sorting over the next three years. This final rule requires vessel 
owners or operators of trawl C/Ps and motherships who choose to sort 
halibut PSC on deck to install an observer sampling station on deck for 
use by the observer when deck sorting halibut. Public reporting burden 
for the installation of the observer deck sampling station during the 
first (initial) year a vessel participates in halibut deck sorting is 
estimated to average 12 hours. After the first year, annual maintenance 
of observer sampling stations both in the factory and on deck is 
expected to be minimal and will likely be done with other factory 
modifications initiated by the vessel to improve processing efficiency. 
Annual public reporting burden after the first year is estimated at one 
minute.
    In addition, these vessels must install a deck sorting video 
monitoring system on deck. Public reporting burden for the installation 
of the video monitoring system is estimated to average 12 hours. After 
the first year, annual maintenance of the video monitoring system, 
including routine inspection and time required to call out for any 
needed repair, is estimated at one minute.
    Public reporting burden for the Inspection Request for Observer 
Sampling Station, At-sea Scales, Video

[[Page 4907]]

Monitoring Deck Sampling Station, and Deck Video Monitoring is 
estimated at 8 minutes.
    Send comments on these burden estimates or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
Alaska Region (see ADDRESSES), and by email to 
[email protected], or by fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: January 13, 2020.
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:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS 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.  [thinsp]902.1, in the table in paragraph (b), under the 
entry ``50 CFR'', add entries in alphanumeric order for ``679.28(l)'', 
``679.120(b)'', and ``679.120(c), (d), and (e)'' to read as follows:


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

* * * * *
    (b) * * *

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                                              Current OMB  control No.
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
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50 CFR:                                     ............................
 
                                * * * * *
679.28(l).................................  -0330
 
                                * * * * *
679.120(b)................................  -0330
679.120(c), (d), and (e)..................  -0318
 
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[FR Doc. 2020-00712 Filed 1-27-20; 8:45 am]
 BILLING CODE 3510-22-P