2017-00307. Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act  

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    AGENCY:

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

    ACTION:

    Proposed rule; withdrawal.

    SUMMARY:

    The National Marine Fisheries Service (NMFS) withdraws a proposed rule to revise existing regulations governing the confidentiality of information submitted in compliance with any requirement or regulation under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS published the proposed rule on May 23, 2012. After careful consideration, NMFS has decided that the proposed changes discussed in the proposed rule are not warranted at this time.

    DATES:

    The proposed rule published on May 23, 2012 (77 FR 30486) is withdrawn as of January 13, 2017.

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    FOR FURTHER INFORMATION CONTACT:

    Karl Moline at 301-427-8225.

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    SUPPLEMENTARY INFORMATION:

    Background

    The Magnuson-Stevens Act sets forth information confidentiality requirements at section 402(b), 16 U.S.C. 1881a(b). Section 402(b)(3) of the Act provides that the “Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act . . .”. Id. 1881a(b)(3). Accordingly, NMFS has promulgated confidentiality of information regulations, which are set forth at 50 CFR part 600, subpart E. Certain terms used in these regulations are defined under 50 CFR part 600, subpart A. NMFS last revised the regulations under subpart E in February 1998 (63 FR 7075).

    On May 23, 2012, NMFS proposed revisions to its regulations at 50 CFR part 600 subpart A, subpart B, and subpart E, in order to implement confidentiality requirements amendments, which were included in the 1996 Sustainable Fisheries Act (SFA) and the 2006 Magnuson Stevens Fishery Conservation and Management Reauthorization Act (MSRA) (77 FR 30486). In the proposed rule, NMFS proposed three types of changes: (1) Changes related to broadening the scope of the confidentiality requirements, (2) changes concerning exceptions authorizing the disclosure of confidential information, and lastly, (3) non-substantive changes intended to improve the clarity and accuracy of the regulations.

    During the proposed rule's comment period, NMFS received several requests from fishery management councils and representatives of fishing and environmental organizations to extend the comment period to allow the councils and other organizations to review the proposed rule and prepare comments. On June 13, 2012, NMFS published a notice in the Federal Register extending the comment period end date of the proposed rule from June 22, 2012 to August 21, 2012 (77 FR 35349). Subsequently, NMFS received requests to extend the comment period beyond August 21, 2012. In response, NMFS published a notice in the Federal Register extending the comment period an additional 60 days, from August 21, 2012 to October 21, 2012 (July 26, 2012, 77 FR 43803).

    NMFS would like to reevaluate the proposed revisions to the existing regulations governing the confidentiality of information submitted in compliance with the Magnuson-Stevens Act. As a result, NMFS has decided that the changes covered in the proposed rule from 2012 are not warranted at this time. Therefore, NMFS is withdrawing the proposed rule published in the Federal Register on May 23, 2012 (77 FR 30486).

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

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    Dated: January 5, 2017.

    Samuel D. Rauch III,

    Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

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    [FR Doc. 2017-00307 Filed 1-12-17; 8:45 am]

    BILLING CODE 3510-22-P

Document Information

Published:
01/13/2017
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; withdrawal.
Document Number:
2017-00307
Dates:
The proposed rule published on May 23, 2012 (77 FR 30486) is withdrawn as of January 13, 2017.
Pages:
4278-4278 (1 pages)
Docket Numbers:
Docket No. 070719377-2189-01
RINs:
0648-AV81: Confidentiality of Information
RIN Links:
https://www.federalregister.gov/regulations/0648-AV81/confidentiality-of-information
PDF File:
2017-00307.Pdf
Supporting Documents:
» Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2021 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
» Fisheries of the Northeastern United States: Summer Flounder, Scup, and Black Sea Bass 2021 Specifications
» Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer from MD to NC
» Fisheries of the Northeastern United States: Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan; Correction
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries
» Fisheries of the Northeastern United States: Illex Squid Fishery; Revised 2020 Illex Squid Specifications
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries
» Pacific Halibut Fisheries: Catch Sharing Plan
» Vessel Monitoring Systems: Requirements for Type-Approval of Cellular Transceiver Units
» Taking and Importing Marine Mammals: Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area
CFR: (1)
50 CFR 600