[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26704-26705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10983]



National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110901552-1021-01]
RIN 0648-BB34

Fisheries of the Northeastern United States; Northeast 
Multispecies, Monkfish, Atlantic Sea Scallop; Amendment 17

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

ACTION: Final rule; enforcement of collection-of-information 


SUMMARY: NMFS announces approval by the Office of Management and Budget 
of collection-of-information requirements for a days-at-sea credit 
provision for the Northeast multispecies, monkfish, and Atlantic sea 
scallop fisheries. This final rule sets the enforcement date for the 
collection-of information requirements.

DATES: The collection-of-information requirements in 50 CFR 648.53, 
648.82, and 648.92 are enforced as of May 7, 2012.

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 the Northeast Regional Office, 
NMFS, 55 Great Republic Drive, Gloucester, MA 01930, by email to OIRA_Submission@omb.eop.gov, or by fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fisheries Management 
Specialist, 978-281-9177.



    A final rule to implement measures in Amendment 17 to the Northeast 
Multispecies Fishery Management Plan was published in the Federal 
Register on March 23, 2012 (77 FR 16942). That final rule contained a 
provision for fishing vessels to receive a credit of days-at-sea (DAS) 
under certain circumstances. A detailed explanation regarding the DAS 
credit provision is in the final rule and is not repeated here. The 
information collection requirements associated with the DAS credit 
provision were published at Sec. Sec.  648.53, 648.82, and 648.92.
    The Office of Management and Budget (OMB) had not yet approved the 
collection-of-information requirements in Sec. Sec.  648.53, 648.82, 
and 648.92 by the date the final rule was submitted to the Office of 
the Federal Register for publication, and thus those provisions were 
not enforced when that final rule published in the Federal Register. On 
March 26, 2012, OMB approved the collection-of-information requirements 
in the rule. This final rule makes the collection-of-information 
requirements enforceable.


    NMFS previously solicited public comments on the measures described 
in the Amendment 17 proposed rule, including this collection of 
information, through the rulemaking process. NMFS received no comments 
on the collection of information requirements. Thus, this action merely 
implements portions of the final rule implementing Amendment 17 that 
were previously proposed and subjected to public comment, but that 
under the Paperwork Reduction Act (PRA) required OMB approval in order 
to become effective. OMB has now approved the collection of information 
provisions. Because the public has already had an opportunity to 

[[Page 26705]]

on these provisions, an additional public comment period is 
    The Assistant Administrator for Fisheries finds good cause to waive 
the 30-day delayed enforcement date required by 5 U.S.C. 553 and make 
this rule enforceable upon publication. This provision is not a 
restriction, but rather provides a mechanism for small entities to 
regain lost DAS due to circumstances that were out of their control. 
Although a DAS credit provision can be requested using existing 
information collection provisions, the revised collection of 
information provisions at Sec. Sec.  648.53, 648.82, and 648.92 are 
more streamlined and will reduce the administrative burden on regulated 
entities. A delay in enforcement of 30 days would prevent vessels from 
utilizing the streamlined form and process NMFS has developed to 
request a DAS credit, and thus prolong the burdens on vessels.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 requirement subject 
to the requirements of the PRA, unless that collection-of-information 
displays a currently valid OMB control number. This final rule contains 
revisions to collection-of-information requirements subject to the PRA 
under OMB Control Numbers 0648-0202 and 0648-0212 and was approved by 
OMB on March 26, 2012.
    The collection of information requirements for the DAS credit 
provision require vessel owners to provide NMFS with an initial 
notification as well as the submission of a DAS credit request form. 
The public burden for requesting a DAS credit is estimated to average 
15 min per application, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection information.
    Based upon permit type, a maximum of 1,908 permits holders could 
possibly apply for a DAS credit. With an average response time of 15 
min, the total burden for applying for a DAS credit is 478 hr. This 
analysis was conducted assuming each permitted vessel requests one DAS 
credit per fishing year. Of the 1,908 permit holders, 845 are vessel 
monitoring system vessels and the remaining 1,063 are assumed to be 
either interactive voice response vessels or inactive vessels. Although 
the notification method depends upon the vessels reporting 
requirements, the associated time burdens will be similar.
    Send comments on these burden estimates or any other aspects of 
these collections-of-information, including suggestions for reducing 
the burden, by mail to the Northeast Regional Office (see ADDRESSES), 
by email to OIRA_Submission@omb.eop.gov or by fax to 202-395-7285.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: May 2, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
[FR Doc. 2012-10983 Filed 5-4-12; 8:45 am]