[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Rules and Regulations]
[Pages 22587-22588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08926]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 660

[Docket No. 210423-0087]
RIN 0648-BJ50


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Salmon Bycatch Minimization

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, which were contained 
in regulations to allow a Pacific whiting sector cooperative or group 
of vessels to develop a Salmon Mitigation Plan (SMP), in a final rule 
published on February 23, 2021. The intent of this rule is to inform 
the public of the effectiveness of the collection-of-information 
requirements associated with the submission and reporting requirements 
included in the February 23, 2021 final rule.

DATES: This rule is effective April 29, 2021.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to Barry A. Thom, Regional 
Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, 
Seattle, WA 98115-0070. Attn: Brian Hooper, and to www.reginfo.gov/public/do/PRAMain.

FOR FURTHER INFORMATION CONTACT: Brian Hooper, phone: (206) 526-6117, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone off Washington, Oregon, and California under 
the Pacific Coast Groundfish Fishery Management Plan. The Pacific 
Fishery Management Council prepared this fishery management plan 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 660.

Background

    On February 23, 2001, NMFS published in the Federal Register a 
final rule (86 FR 10857) allowing a Pacific whiting sector cooperative 
or group of vessels to develop an SMP to promote reduction in Chinook 
salmon bycatch. The rule also established that vessels with a NMFS-
approved SMP have access to the Chinook salmon bycatch reserve 
regardless of NMFS implementing other inseason measures to minimize 
salmon bycatch. The associated regulations are found at 50 CFR part 
660. OMB approved the collection-of-information requirements contained 
in the final rule on March 10, 2021, under OMB Control Number 0648-0794 
(Pacific Coast Groundfish Salmon Bycatch Minimization). Accordingly, 
this rule announces the OMB approval and effective date of the 
submission and reporting requirements for vessels seeking NMFS approval 
of an SMP and for vessels with an approved SMP found at 50 CFR 
660.113(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 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 
collection-of-information requirements, 15 CFR 902.1(b) is revised to 
correctly reference the sections resulting from this final rule.

2021 Deadline To Submit an SMP for NMFS Approval

    Pacific whiting cooperatives or groups of vessels must submit any 
SMP proposals to NMFS by June 28, 2021 in order for NMFS to consider 
approving the SMP for use in 2021.

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 (85 
FR 66519; October 20, 2020), with comments accepted until November 19, 
2020. An additional opportunity for public comment at this point would 
not be meaningful and would be duplicative. It would also be contrary 
to the public interest because delaying the notice of the effectiveness 
of the collection-of-information requirements could delay the public 
having notice that they can submit SMP applications.
    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 Number 
0648-0794 on March 10, 2021. The public reporting burden for the 
submission of SMPs and post-season reports includes the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. NMFS estimates receiving up to six SMP 
proposals, six SMP post-season reports, and one amended SMP, per year 
over the next three years. NMFS estimates receiving one administrative 
appeal for a disapproved SMP over the next three years. Public 
reporting burden is estimated to average 10 hours per response for the 
SMP proposal, 3 hours per response for an amended SMP, 6 hours per 
response for an administrative appeal of a disapproved SMP, and 8 hours 
per response for the SMP post-season report.
    Send comments on the burden estimates or any other aspect of this 
data collection, including suggestions for reducing the burden, to NMFS 
West Coast Region (see ADRESSES), and at www.reginfo.gov/public/do/PRAMain. Find this particular information collection by using the 
search function and entering either the title of the collection or the 
OMB Control Number 0648-0794.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be

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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.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 660

    Fisheries, Fishing, Indians, Recreation and recreation areas, 
Reporting and recordkeeping requirements, Treaties.

    Dated: April 23, 2021.
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.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'', revise the entry for ``660.113'' to read as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
    CFR part or  section where  the
 information  collection  requirement   Current OMB control  number (all
              is located                   numbers  begin with 0648-)
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                                * * * * *
50 CFR:
 
                                * * * * *
660.113...............................  -0271, -0573, -0618, -0619, -
                                         0737 and -0794
 
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[FR Doc. 2021-08926 Filed 4-28-21; 8:45 am]
BILLING CODE 3510-22-P