[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15948-15949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05668]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 216
[Docket No. 200312-0077]
RIN 0648-BH25
Subsistence Taking of Northern Fur Seals on the Pribilof Islands;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment; effective date for
collection-of-information requirements.
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SUMMARY: NMFS is correcting a final rule published on October 2, 2019,
that revised the subsistence use regulations for the Eastern Pacific
stock of northern fur seals (Callorhinus ursinus). NMFS also is
announcing approval by the Office of Management and Budget (OMB) of
collection-of-information requirements subject to the Paperwork
Reduction Act (PRA) and associated with the regulations revised in the
final rule. The final rule incorrectly stated that the collection-of-
information requirements subject to the PRA had been approved by the
OMB at the time the final rule was published. On January 7, 2020, OMB
approved the collection-of-information requirements subject to the PRA.
The intent of this final rule is to correct this information and to
inform the public of the effectiveness of the collection-of-information
requirements associated with the subsistence use regulations revised in
the October 2, 2019, final rule.
DATES: This rule is effective March 20, 2020.
The date of approval of the information collection requirements in
50 CFR 216.72 and 50 CFR 216.74 published October 2, 2019 at 84 FR
52372 is corrected to January 7, 2020 as of March 20, 2020.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this rule may be submitted by mail to NMFS Alaska Region, P.O. Box
21668, Juneau, AK 99802-1668; by email to [email protected];
or by fax to 202-395-5806.
FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska Region,
907-271-5117, [email protected].
SUPPLEMENTARY INFORMATION: The taking of northern fur seals is
prohibited by the Fur Seal Act (FSA, 16 U.S.C. 1151-1175), unless
expressly authorized by the Secretary of Commerce through regulation.
Section 105(a) of the FSA authorizes the promulgation of regulations
with respect to the taking of fur seals on the Pribilof Islands as the
Secretary of Commerce deems necessary and appropriate for the
conservation, management, and protection of the fur seal population (16
U.S.C. 1155(a)). Regulations governing the subsistence use of northern
fur seals are located at 50 CFR 216.71-216.74 and authorize
Pribilovians to take fur seals on the Pribilof Islands if such taking
is for subsistence uses and not accomplished in a wasteful manner (50
CFR 216.71).
Background
NMFS published a proposed rule on August 14, 2018 (83 FR 40192), to
revise the subsistence use regulations for northern fur seals on the
Pribilof Islands based on the petition from the Aleut Community of St.
Paul Island, Tribal Government (ACSPI) (77 FR 41168; July 12, 2012).
The final rule revising the subsistence use regulations at 50 CFR
216.71-216.74 published in the Federal Register on October 2, 2019 (84
FR 52372). The requirements of the final rule (84 FR 52372), other than
the collection-of-information requirements associated with the
subsistence use regulations (hunt and harvest reporting for St. Paul
and St. George Islands), were effective on September 27, 2019. The
final rule incorrectly stated that the collection-of-information
requirements subject to the PRA had been approved by the OMB under OMB
Control Number 0648-0699 (Annual Northern Fur Seal Subsistence Harvest
Reporting) at the time the final rule was published. On January 7,
2020, OMB approved these collection-of-information requirements under
OMB Control Number 0648-0699 (Annual Northern Fur Seal Subsistence
Harvest Reporting). Accordingly, this rule announces the approval and
effective date of the collection-of-information requirements associated
with the subsistence use regulations found at 50 CFR 216.72 and 50 CFR
216.74.
OMB Revisions to PRA References in 15 CFR 902.1(b)
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director of 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 revises collection-of-information
requirements, 15 CFR 902.1(b) is revised to reference correctly the
sections resulting from this final rule.
Classification
Administrative Procedure Act
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause to waive the requirement to provide prior notice and opportunity
for public comment pursuant to the authority set forth at 5 U.S.C.
553(b)(B) as such requirement is unnecessary and contrary to the public
interest. This action simply provides notice of OMB's approval of the
collection-of-information requirements at issue, which has already
occurred, and renders those collection-of-information requirements
effective. Thus this action does not involve any further exercise of
agency discretion by NMFS or OMB. Moreover, the public was already
provided with notice and opportunity to comment during the public
comment period for the proposed rule, which began on August 14, 2018,
and ended on September 13, 2018, and during the public comment period
for the 2019 Final SEIS for Management of the Subsistence Harvest of
Northern Fur Seals on St. Paul Island, Alaska. 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 same reasons, the AA also finds 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 on
[[Page 15949]]
January 7, 2020, under OMB Control Number 0648-0699. NMFS obtained OMB
Control Number 0648-0699 for hunt and harvest reports associated with
the regulations at 50 CFR 216.72 and 50 CFR 216.74, which apply to both
St. Paul and St. George Islands. For St. Paul Island, public reporting
burden for hunt and harvest reporting is estimated to average 40 hours
per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. There are no
significant changes to the collection-of-information requirements for
St. Paul or St. George.
Send comments regarding these burden estimates or any other aspect
of this data collection, including suggestions for reducing the burden,
to NMFS Alaska Region (see ADDRESSES) and by email to
[email protected], or fax to 202-395-5806.
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.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 216
Alaska, Marine Mammals, Pribilof Islands, Reporting and
Recordkeeping Requirements.
Dated: March 12, 2020.
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. [thinsp]902.1, in the table in paragraph (b), under the
entry ``50 CFR'', add entry ``216.72'' in alphanumeric order to read as
follows:
Sec. [thinsp]902.1 OMB control numbers assigned pursuant to the
Paperwork Reduction Act.
* * * * *
(b) * * *
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Current OMB
control number
CFR part or section where the information collection (all numbers
requirement is located begin with
0648-)
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* * * * *
50 CFR:
* * * * *
216.72.............................................. -0699
* * * * *
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* * * * *
[FR Doc. 2020-05668 Filed 3-19-20; 8:45 am]
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