[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8198-8199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 200121-0025]
RIN 0648-BH48


International Fisheries; Pacific Tuna Fisheries; Procedures for 
the Active and Inactive Vessel Register; Correction

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

ACTION: Final rule; Correcting amendment.

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SUMMARY: On December 20, 2019, NMFS published a final rule under the 
Tuna Conventions Act of 1950 (TCA), as amended, and the Marine Mammal 
Protection Act (MMPA), as amended, to implement International Maritime 
Organization (IMO) requirements in Inter-American Tropical Tuna 
Commission (IATTC) Resolution C-18-06 (Resolution (Amended) on a 
Regional Vessel Register) and amendments to existing regulations 
governing inclusion on the IATTC Regional Vessel Register (Vessel 
Register) by purse seine vessels fishing in the eastern Pacific Ocean 
(EPO). The December 20th final rule inadvertently contained provisions 
allowing for the collection of a ``business email address'' without 
Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act. This amendment is necessary to correct those two revised 
collection-of-information requirements, because they became effective 
before approval by OMB.

DATES: Effective February 13, 2020.

ADDRESSES: Copies of supporting documents are available via the Federal 
eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2018-
0030, or by contacting Daniel Studt, NMFS West Coast Region, 501 W 
Ocean Blvd., Suite 4200, Long Beach, CA 90802, or emailing 
[email protected].

FOR FURTHER INFORMATION CONTACT: Daniel Studt, NMFS, West Coast Region, 
562-980-4073.

SUPPLEMENTARY INFORMATION:

Federal Register Correction

    On December 20, 2019, NMFS published a final rule in the Federal 
Register (84 FR 70040) to implement IMO requirements in IATTC 
Resolution C-18-06 (Resolution (Amended) on a Regional Vessel Register) 
and amendments to existing regulations governing inclusion on the 
Vessel Register by purse seine vessels fishing in the EPO. That final 
rule is effective January 21, 2020 that included new or revised 
information collections, which are delayed until publication of a 
document in the Federal Register announcing the effective date.
    The final rule amended paragraphs 50 CFR 300.22(b)(4)(ii)(A) and 50 
CFR 300.22(b)(4)(iii)(B) to require a ``business email address'' in the 
written notification from purse seine vessels with a carrying capacity 
of 400 short tons or less requesting active or inactive status on the 
Vessel Register. The provision requiring a ``business email address'' 
in 50 CFR 300.22(b)(4)(ii)(A) and 50 CFR 300.22(b)(iii)(B) is a 
collection-of-information requirement subject that was submitted for 
review and approval by OMB under the Paperwork Reduction Act (PRA) 
under control number 0648-0387 upon publication of the December 20 
final rule. The business email address requirement found in these 
paragraphs is not yet approved and the regulatory text is corrected 
here. Once reviewed and approved by OMB, NMFS will issue another 
correcting amendment that implements the requirement for a ``business 
email address''.

[[Page 8199]]

Classification

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866. This rule is not an Executive Order 
13771 regulatory action because this rule is not significant under 
Executive Order 12866.
    This final rule correction amends two paragraphs that contain 
existing collection-of-information requirements approved by the Office 
of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) 
under control number 0648-0387.
    The NOAA Assistant Administrator for Fisheries (AA) finds that the 
need to immediately implement this regulatory correction constitutes 
good cause to waive the requirements to provide prior notice and 
opportunity for public comment pursuant to the authority set forth in 5 
U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), because 
prior notice and opportunity for public comment on this final rule is 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary and contrary to the public interest, because the rules 
implementing revisions and updates to NMFS' Tuna Convention Act 
regulations have already been subject to notice and comment and not 
correcting the regulatory text would result in confusion and 
uncertainty for the affected entities.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    These measures are thus exempt from the procedures of the 
Regulatory Flexibility Act because prior notice and comment are not 
required under the APA.

List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels, Reporting and 
recordkeeping requirements.

    Dated: January 21, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 300 is 
corrected by making the following correcting amendments:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Eastern Pacific Tuna Fisheries

0
1. The authority citation for part 300, subpart C, continues to read as 
follows:

    Authority: 16 U.S.C. 951 et seq.


0
2. In Sec.  300.22, revise paragraphs (b)(4)(ii)(A) and (b)(4)(iii)(B) 
to read as follows:


Sec.  300.22   Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (4) * * *
    (ii) * * *
    (A) To request a purse seine vessel of 400 st (362.8 mt) carrying 
capacity or less be listed on the Vessel Register and be categorized as 
active, the vessel owner or managing owner must submit to the HMS 
Branch written notification including, but not limited to, a vessel 
photograph, the vessel information as described under paragraph (b)(3) 
of this section, and the owner or managing owner's signature and 
business telephone and fax numbers. If a purse seine vessel of 400 st 
(362.8 mt) carrying capacity or less is required by the Agreement on 
the IDCP to carry an observer, the vessel owner or managing owner must 
also submit payment of the vessel assessment fee to the IATTC.
* * * * *
    (iii) * * *
    (B) To request a tuna purse seine vessel of 400 st (362.8 mt) 
carrying capacity or less be listed on the Vessel Register and 
categorized as inactive for the following calendar year, the vessel 
owner or managing owner must submit to the HMS Branch a written 
notification including, but not limited to, the vessel name and 
registration number and the vessel owner or managing owner's name, 
signature, business address, and business telephone and fax numbers. 
Payment of the vessel assessment fee is not required for vessels of 400 
st (362.8 mt) carrying capacity or less to be categorized as inactive.
* * * * *
[FR Doc. 2020-01198 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-22-P