[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39271-39272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18897]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 210, 216, 250, 270, and 604
[Docket No. 950718182-5182-01; I.D. 070695B]
RIN 0648-AI08
Removal of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 39272]]
ACTION: Final rule.
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SUMMARY: NMFS amends the Code of Federal Regulations (CFR) to remove
regulations that are no longer needed. This action is consistent with
the President's Regulatory Reform Initiative.
EFFECTIVE DATE: August 2, 1995.
FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2344.
SUPPLEMENTARY INFORMATION:
On March 4, 1995, as part of the President's Regulatory Reform
Initiative, the President directed agencies to conduct a page-by-page
review of all regulations and eliminate or revise those that are
outdated or otherwise in need of reform. After conducting a review of
50 CFR parts 210, 216 (subparts G and H), 250, 270, and 604, it was
determined that they were not needed and could be removed.
50 CFR Part 210
Part 210 contains regulations that were promulgated under the North
Pacific Fisheries Act of 1954, which implemented the International
Convention for the High Seas Fisheries of the North Pacific Ocean.
After that convention was replaced by the Convention for the
Conservation of Anadromous Stocks in the North Pacific Ocean, the 1954
statute was repealed by Public Law 102-567. Thus, part 210 is without
statutory basis and is being removed.
50 CFR Part 216, Subparts G and H
Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal
Protection Act (MMPA) (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and
1371(b)) authorize the Assistant Administrator for Fisheries, NOAA (AA)
to (1) issue regulations governing the taking of marine mammals
incidental to commercial fishing operations; (2) waive section 101's
moratorium on the taking and importing of marine mammals under the AA's
jurisdiction, and adopt regulations with respect to the taking and
importing of such mammals; and (3) prescribe regulations governing the
taking of depleted marine mammals by any Indian, Aleut, or Eskimo,
respectively. In prescribing regulations to carry out the provisions of
these sections, section 101 requires that the procedures of section 103
(16 U.S.C. 1373) be followed. Section 103(d) requires that regulations
be made on the record after opportunity for an agency hearing on such
regulations and on any determination by the AA to waive the moratorium
pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)).
On March 5, 1975 (40 FR 10183), NMFS issued rules of practice and
procedure for all hearings conducted pursuant to section 103(d).
Subpart G of part 216 contains these rules. Since that time, MMPA
103(d) hearings have been held for only six rulemaking proceedings. As
a result of amendments to the MMPA in 1984, 1991, and 1994, it is
unlikely that section 103(d) hearings will be conducted in the
foreseeable future. If section 103(d) rules of practice and procedure
are needed in the future, NMFS will provide parties and the presiding
Administrative Law Judge with proposed guidance for conducting the
proceeding. As part of the pre-hearing conference, the participants
will determine the process for conducting the hearing. Subpart H of
part 216 contains only a reference note that is no longer needed.
Because part 216 subparts G and H are no longer necessary, they are
being removed.
50 CFR Part 250
Part 250 of title 50 CFR contains regulations that implemented
section 4 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c), which
established a Fisheries Loan Fund (Fund). Under that Act, the Fund
ceased to exist on September 30, 1986, and any balance remaining in the
Fund was transferred to the Treasury as miscellaneous receipts. Thus,
part 250 is no longer needed and is being removed.
50 CFR Part 270
Part 270 of title 50 CFR governs the establishment and conduct of
Fish and Seafood Promotional Councils (Councils) under the authority of
the Fish and Seafood Promotion Act of 1986. That Act authorized the
establishment of a National Council to carry out generic marketing
programs, including consumer education and research. Congress funded
the National Council, but did not fund the Regional Councils. Funding
for the National Council expired in fiscal year 1991; no Regional
Councils have been established by the industry, and NMFS is unaware of
any plans to do so. Therefore, part 270 is no longer needed and is
being removed.
50 CFR Part 604
Part 604 of title 50 CFR contains abbreviated summaries of laws,
other than the Magnuson Fishery Conservation and Management Act, that
are applicable to the development of fishery management plans. The
information in part 604 is readily available to the public elsewhere,
and its maintenance in part 604 is not needed. Therefore, part 604 is
being removed.
Classification
Because this rule only removes regulations that are no longer
necessary, no useful purpose would be served by providing prior notice
and opportunity for public comment on this rule. Accordingly, under 5
U.S.C. 553(b)(B), the AA, for good cause, finds that it is unnecessary
to provide prior notice and an opportunity for public comment for this
rule. Also, because this rule only removes regulations that are no
longer needed, the AA, for good cause, finds that no useful purpose
would be served by delaying the rule's effective date for 30 days.
Therefore, this rule is made effective upon publication.
This final rule has been determined to be not significant for the
purposes of E.O. 12866.
List of Subjects
50 CFR Part 210
Fisheries.
50 CFR Part 216
Administrative Practice and procedure, Imports, Indians, Marine
Mammals, Penalties, Reporting and recordkeeping requirements,
Transportation.
50 CFR Part 250
Fisheries, Fishing vessels, Loan programs-business, Reporting and
recordkeeping requirements.
50 CFR Part 270
Administrative practice and procedure, Fisheries, Reporting and
recordkeeping requirements, Seafood.
50 CFR Part 604
Administrative practice and procedure, Fisheries, Fishing.
Dated: July 26, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 210; part 216,
subparts G (consisting of Secs. 216.70-216.90) and H (Note); and parts
250, 270, and 604 are removed; and subchapter H is vacated.
[FR Doc. 95-18897 Filed 8-1-95; 8:45 am]
BILLING CODE 3510-22-F
