[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Rules and Regulations]
[Pages 58930-58931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22737]



National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 660

[Docket No. 120614172-2395-01]
RIN 0648-BC29

Fisheries Off West Coast States; West Coast Salmon Fisheries; 
Announcing OMB Approval of Information Collection

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

ACTION: Final rule; effective date of OMB control numbers.


SUMMARY: This rule provides notice of the approval by the Office of 
Management and Budget (OMB) and resulting effectiveness of the 
collection-of-information requirements published by NMFS on July 2, 
1996. OMB approved the collection-of-information requirements in April 
2001, and extended that approval in September 2001, November 2004, 
April 2008, and July 2011.

DATES: The amendments in this rule are effective October 25, 2012. The 
collection-of-information requirements in Sec.  660.404, published on 
July 2, 1996 (61 FR 34570), are effective October 25, 2012. OMB 
approves the collection-of-information requirements in Sec.  660.408, 
published on July 2, 1996 (61 FR 34570), as of October 25, 2012.

ADDRESSES: This final rule is also accessible on the Web site of NMFS' 
Northwest Region (http://www.nwr.noaa.gov). 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 William W. Stelle, Jr., Regional Administrator, Northwest Region, 
NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy, Northwest Region Salmon 
Management Division, NMFS, 206-526-4323.

SUPPLEMENTARY INFORMATION: NMFS published a final rule on July 2, 1996 
(61 FR 34570) that consolidated several parts of the Code of Federal 
Regulations (CFR) into a new CFR part 660 containing regulations for 
implementing management measures for fisheries operating in the 
exclusive economic zone (EEZ) off West Coast states. This new part 660 
included a collection of information associated with recordkeeping and 
reporting requirements regulations at Sec.  660.404 and Sec.  
660.408(o). This collection was previously associated with regulations 
at Sec.  661.4 and Sec.  661.20, under OMB control number 0648-0222. 
The 1996 rule stated that OMB approval under control number 0648-0222 
had expired and that NMFS was in the process of obtaining OMB approval 
for the collection of information under the new regulations.
    This final rule announces OMB approval and effectiveness of the 
collection of information associated with regulations at Sec.  660.404 
and Sec.  660.408(o). Initial approval of these regulations in their 
current location in the Code of Federal regulations occurred on April 
25, 2001 under OMB control number 048-0433. OMB extended this approval 
on September 28, 2001, November 29, 2004, April 8, 2008, and July 8, 
2011. The current approval expires on July 31, 2014.


    This rule makes effective a collection of information requirement 
subject to the Paperwork Reduction Act. The collection of this 
information has been approved by the Office of Management and Budget 
(OMB) under OMB Control Number 0648-433. Based on the management regime 
specified each year, designated regulatory areas in the commercial 
ocean salmon fishery off the coasts of Washington, Oregon, and 
California may be managed by numerical quotas. To accurately assess 
catches relative to quota attainment during the fishing season, catch 
data by regulatory area must be collected in a timely manner. The 
requirements to land salmon within specific time frames and in specific 
areas may be implemented in the preseason regulations to aid in timely 
and accurate catch accounting for a regulatory area. State landing 
systems normally gather the data at the time of landing. If unsafe 
weather conditions or mechanical problems prevent compliance with 
landing requirements, fishermen need an alternative to allow for a safe 
response. Fishermen would be exempt from landing requirements if the 
appropriate notifications are made to provide the name of the vessel, 
the port where delivery will be made, the approximate amount of salmon 
(by species) on board, and the estimated time of arrival. These reports 
are generally made via at-sea radio, cellular phone transmissions, or 
other electronic communication. The annual reporting burden to the 
public is estimated at 10 hours, based on an estimated 15 minutes per 
    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 and no comment received at 
this time would impact any decision by NOAA or OMB. In addition, the 
public has had the opportunity to comment on both the substance of the 
reporting requirements, at the time NOAA adopted them, and on NOAA's 
requests for extension of OMB's approval. The reporting requirements at 
issue were detailed in proposed rules on which NOAA accepted public 
comment. The reporting provisions in 50 CFR 660.404(a) were initially 
published at 49 FR 32414-01 (August 14, 1984), with comments accepted 
until September 21, 1984, and published as a final rule at 49 FR 43679-
02 (October 31, 1984). The

[[Page 58931]]

reporting provisions in 50 CFR 660.408(o) and 50 CFR 660.404 were 
initially published at 54 FR 11976-01 (March 23, 1989), with comments 
accepted until April 5, 1989, prior to publication of the final rule at 
54 FR 19185-01 (May 4, 1989). NOAA published notice of and requested 
public comments on its requests for OMB's approval of the information 
collection and prior to each extension of OMB's approval (e.g., 66 FR 
17147, March 29, 2001; 66 FR 28731, May 24, 2001; 69 FR 35331, June 24, 
2004; 72 FR 33204, June 15, 2007; 76 FR 329, January 4, 2011). NOAA 
received no comments on the 2011 request for extension. An additional 
opportunity for public comment at this point would not be meaningful, 
and would be duplicative.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects

15 CFR Part 902

    Recordkeeping and reporting requirements.

50 CFR Part 660

    Fisheries off west coast States.

    Dated: September 11, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 660 are amended as follows:

Title 15


1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.

2. In Sec.  902.1, the table in paragraph (b) under ``50 CFR'' is 
amended by removing the entries for 661.4 and 661.20, and by adding 
entries for 660.404 and 660.408 in numerical order to read as follows:

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

* * * * *
    (b) Display.

                                                   Current OMB control
   CFR part or section where the information       number (All numbers
      collection requirement is  located            begin with 0648-)
                              * * * * * * *
50 CFR........................................  ........................
                              * * * * * * *
660.404.......................................                    -0433
660.408.......................................                    -0433
                              * * * * * * *


3. The authority citation for part 660 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.

Sec.  660.404  [Amended]

4. The collection-of-information requirements in Sec.  660.404, 
published on July 2, 1996 (61 FR 34570), are effective October 25, 

[FR Doc. 2012-22737 Filed 9-24-12; 8:45 am]