[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58297-58298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20610]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 216 and 300

[Docket No. 200910-0236]
RIN 0648-BH48


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

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

ACTION: Final rule; 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 contained in 
regulations published in a final rule on December 20, 2019. The final 
rule implements 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 intent of this final rule is to inform 
the public of the effectiveness of the collection-of-information 
requirements associated with the final rule.

DATES: This final rule is effective September 18, 2020. The amendments 
in amendatory instructions 2 and 6, published at 84 FR 70040 (December 
20, 2019), are effective on September 18, 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].
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to the NMFS West Coast Region Long Beach Office 
at the address listed above, and to www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by using the search 
function.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 20, 2019, NMFS published a final rule in the Federal 
Register (84 FR 70040) under the Tuna Conventions Act of 1950, as 
amended, and the Marine Mammal Protection Act, as amended, 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 became effective January 21, 2020, 
except for amendatory instructions that included new or revised 
information collections, which were delayed until publication of a 
document in the Federal Register announcing the effective date. OMB has 
approved these collection-of-information requirements under control 
number 0648-0387. Accordingly, this final rule announces effectiveness 
of the collection-of-information requirements at 50 CFR 216.24 and 50 
CFR 300.22 that were published in the December 20, 2019 final rule. On 
June 10, 2020, a final rule was published in the Federal Register 
announcing the effectiveness of these collection-of-information 
requirements and a correcting amendment (85 FR 35379). However, that 
final rule did not result in the effectiveness of these collection-of-
information requirements due to an error in the DATES section, which is 
corrected in this final rule.

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 announces the date of effectiveness of new and 
revised collection-of-information requirements approved by OMB under 
PRA control number 0648-0387 that were published in the Federal 
Register (84 FR 70040) on December 20, 2019. Comments regarding the 
burden estimates, or any other aspects of the collection of information 
may be sent to the NMFS West Coast Region Long Beach Office (see 
ADDRESSES above) and to www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by using the search function and 
entering the title of the collection or the OMB Control Number (0648-
0387).

[[Page 58298]]

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. All currently approved NOAA collections of 
information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    The NOAA Assistant Administrator for Fisheries (AA) finds there is 
good cause to waive prior notice and opportunity for public comment for 
this action pursuant to 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. In part, 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 part of 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 on 
April 16, 2019 (84 FR 15556), with comments accepted through May 16, 
2019. NMFS received two comments on the collection-of-information 
requirements related to a proposed supplementation of a vessel 
departure notification and an ability to apply for associated permit 
applications online. The final rule published on December 20, 2019 (84 
FR 70040), addressed these comments, keeping the proposed supplemental 
vessel departure notice in place for the reasons described there, while 
revising the purse seine vessel permit application collection-of-
information requirements to allow for an online process. Both such 
processes were considered and approved under PRA control number 0648-
0387. Additional opportunity for public comment at this point would not 
be meaningful and would be duplicative. Any further delay to allow for 
public comment is therefore unnecessary and would result in public 
confusion.
    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.

    Dated: September 14, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-20610 Filed 9-17-20; 8:45 am]
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