80_FR_57923 80 FR 57737 - Magnuson-Stevens Act Provisions; Fishery Management Council Freedom of Information Act Requests Regulations; Technical Amendments to Regulations

80 FR 57737 - Magnuson-Stevens Act Provisions; Fishery Management Council Freedom of Information Act Requests Regulations; Technical Amendments to Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 186 (September 25, 2015)

Page Range57737-57738
FR Document2015-24364

NMFS is hereby making technical amendments without altering the substance of the regulations governing the operation of Regional Fishery Management Councils (Councils) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of this action is to update existing Council regulations to reflect the current procedure for processing Freedom of Information Act (FOIA) requests received by Councils. These changes will make our rules more internally consistent and easier to use.

Federal Register, Volume 80 Issue 186 (Friday, September 25, 2015) 
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57737-57738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24364]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 141212999-5843-01]
RIN 0648-BE73


Magnuson-Stevens Act Provisions; Fishery Management Council 
Freedom of Information Act Requests Regulations; Technical Amendments 
to Regulations

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

ACTION: Final rule; technical amendments.

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SUMMARY: NMFS is hereby making technical amendments without altering 
the substance of the regulations governing the operation of Regional 
Fishery Management Councils (Councils) under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The 
intent of this action is to update existing Council regulations to 
reflect the current procedure for processing Freedom of Information Act 
(FOIA) requests received by Councils. These changes will make our rules 
more internally consistent and easier to use.

DATES: This final rule is effective October 26, 2015.

ADDRESSES: 1315 East West Highway, SSMC3, Room #10843, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Steven Goodman at 301-427-8732, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Recently, the Department of Commerce (DOC) published a proposed 
rule and a final rule in the Federal Register (79 FR 11025, February 
27, 2014; 79 FR 62553, October 20, 2014) implementing revisions to DOC 
FOIA regulations. The DOC FOIA regulations were revised to clarify, 
update and streamline the language of several procedural provisions, 
including using FOIAonline, a web-based tracking and processing tool 
for FOIA requests. NOAA now uses FOIAonline to receive, securely manage 
and respond to FOIA requests submitted by the public.
    NMFS has existing regulations for handling FOIA requests received 
by the Councils entitled ``Freedom of Information Act (FOIA) 
requests.'' 50 CFR 600.155. These regulations provide that the NOAA 
FOIA Officer will prepare a Form CD-244, ``FOIA Request and Action 
Record,'' for FOIA requests received by a Council.

Corrections

    NMFS is revising regulations at Sec.  600.155(a) and (b) to reflect 
the use of FOIAonline. This action specifically amends the regulations 
to remove the requirement to prepare a Form CD-244 and to clarify that, 
after FOIA requests received by a Council are coordinated with the 
appropriate NMFS Regional Office (Region), the Region then forwards the 
request to the NOAA FOIA officer who enters the FOIA request into 
FOIAonline. No other changes are being considered or implemented.

Classification

    The NMFS Assistant Administrator has determined that this rule is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule pertains solely to agency procedure and corrects existing 
regulations to reflect the current practice for processing FOIA 
requests received by a Council. It makes no changes to the substantive 
legal rights, obligations, or interests of affected parties. This rule 
therefore is a ``rule of agency organization, procedure or practice'' 
and is therefore exempt from the notice-and-comment requirements of the 
Administrative Procedure Act at 5 U.S.C. 553(b)(A).

[[Page 57738]]

List of Subjects in 50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 21, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
600 as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

    Authority:  5 U.S.C 561 and 16 U.S.C. 1801 et seq.


0
2. Section 600.155 is revised to read as follows:


Sec.  600.155  Freedom of Information Act (FOIA) requests.

    (a) FOIA requests received by a Council should be coordinated 
promptly with the appropriate NMFS Regional Office. The Region will 
forward the request to the NOAA FOIA Officer to secure a FOIA number 
and log the request into FOIAonline. The Region will also obtain 
clearance from the NOAA General Counsel's Office concerning initial 
determination for denial of requested information.
    (b) FOIA request processing will be controlled and documented in 
the Region. The requests should be forwarded to the NOAA FOIA Officer 
who will enter the request into FOIAonline. The request will be 
assigned an official FOIA number and due date. In the event the Region 
determines that the requested information is exempt from disclosure, in 
full or in part, under the FOIA, the denial letter prepared for the 
Assistant Administrator's signature, along with the ``Foreseeable 
Harm'' Memo and list of documents to be withheld, must be cleared 
through the NMFS FOIA Liaison. Upon completion, a copy of the signed 
letter transmitting the information to the requester should be posted 
to FOIAonline by NMFS.

[FR Doc. 2015-24364 Filed 9-24-15; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57737 Date certain federal assistance Community Effective date authorization/cancellation of Current effective State and Location no longer No. sale of flood insurance in community map date available in SFHAs Herberg, Township of, Traill County ............. 380621 September 25, 1978, Emerg; August 5, ......do ............... Do. 1986, Reg; October 16, 2015, Susp. Kelso, Township of, Traill County ................. 380644 April 11, 1980, Emerg; August 5, 1986, ......do ............... Do. Reg; October 16, 2015, Susp. Mandan, City of, Morton County .................. 380072 April 4, 1974, Emerg; September 30, 1987, ......do ............... Do. Reg; October 16, 2015, Susp. Mercer County, Unincorporated Areas ......... 380294 October 20, 1993, Emerg; May 4, 1998, ......do ............... Do. Reg; October 16, 2015, Susp. Morton County, Unincorporated Areas ......... 380148 September 13, 1973, Emerg; September ......do ............... Do. 30, 1987, Reg; October 16, 2015, Susp. Stavanger, Township of, Traill County ......... 380642 February 29, 1980, Emerg; August 5, 1986, ......do ............... Do. Reg; October 16, 2015, Susp. Three Affiliated Tribes, Dunn, McKenzie, 380721 August 23, 2000, Emerg; August 19, 2010, ......do ............... Do. McLean, Mercer and Mountrail Counties.. Reg; October 16, 2015, Susp. Traill County, Unincorporated Areas ............ 380130 June 30, 1997, Emerg; May 4, 1998, Reg; ......do ............... Do. October 16, 2015, Susp. Zap, City of, Mercer County ......................... 380068 April 7, 1975, Emerg; July 16, 1979, Reg; ......do ............... Do. October 16, 2015, Susp. Region IX Arizona: Cottonwood, City of, Yavapai 040096 May 5, 1975, Emerg; September 16, 1981, ......do ............... Do. County. Reg; October 16, 2015, Susp. ......* do = Ditto. Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension. Dated: September 8, 2015. of this action is to update existing and Action Record,’’ for FOIA requests Roy E. Wright Council regulations to reflect the current received by a Council. Deputy Associate Administrator, Federal procedure for processing Freedom of Corrections Insurance and Mitigation Administration, Information Act (FOIA) requests Department of Homeland Security, Federal received by Councils. These changes NMFS is revising regulations at Emergency Management Agency. will make our rules more internally § 600.155(a) and (b) to reflect the use of [FR Doc. 2015–24433 Filed 9–24–15; 8:45 am] consistent and easier to use. FOIAonline. This action specifically BILLING CODE 9110–12–P DATES: This final rule is effective amends the regulations to remove the October 26, 2015. requirement to prepare a Form CD–244 ADDRESSES: 1315 East West Highway, and to clarify that, after FOIA requests DEPARTMENT OF COMMERCE SSMC3, Room #10843, Silver Spring, received by a Council are coordinated MD 20910. with the appropriate NMFS Regional National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Office (Region), the Region then Administration Steven Goodman at 301–427–8732, forwards the request to the NOAA FOIA steven.goodman@noaa.gov. officer who enters the FOIA request into 50 CFR Part 600 FOIAonline. No other changes are being SUPPLEMENTARY INFORMATION: [Docket No. 141212999–5843–01] considered or implemented. Background RIN 0648–BE73 Classification Recently, the Department of Commerce (DOC) published a proposed The NMFS Assistant Administrator Magnuson-Stevens Act Provisions; has determined that this rule is Fishery Management Council Freedom rule and a final rule in the Federal Register (79 FR 11025, February 27, consistent with the Magnuson-Stevens of Information Act Requests Fishery Conservation and Management Regulations; Technical Amendments 2014; 79 FR 62553, October 20, 2014) implementing revisions to DOC FOIA Act and other applicable laws. to Regulations This rule has been determined to be regulations. The DOC FOIA regulations AGENCY: National Marine Fisheries were revised to clarify, update and not significant for purposes of Executive Service (NMFS), National Oceanic and streamline the language of several Order 12866. Atmospheric Administration (NOAA), procedural provisions, including using This rule pertains solely to agency Commerce. FOIAonline, a web-based tracking and procedure and corrects existing ACTION: Final rule; technical processing tool for FOIA requests. regulations to reflect the current amendments. NOAA now uses FOIAonline to receive, practice for processing FOIA requests securely manage and respond to FOIA received by a Council. It makes no SUMMARY: NMFS is hereby making requests submitted by the public. changes to the substantive legal rights, mstockstill on DSK4VPTVN1PROD with RULES technical amendments without altering NMFS has existing regulations for obligations, or interests of affected the substance of the regulations handling FOIA requests received by the parties. This rule therefore is a ‘‘rule of governing the operation of Regional Councils entitled ‘‘Freedom of agency organization, procedure or Fishery Management Councils Information Act (FOIA) requests.’’ 50 practice’’ and is therefore exempt from (Councils) under the Magnuson-Stevens CFR 600.155. These regulations provide the notice-and-comment requirements Fishery Conservation and Management that the NOAA FOIA Officer will of the Administrative Procedure Act at Act (Magnuson-Stevens Act). The intent prepare a Form CD–244, ‘‘FOIA Request 5 U.S.C. 553(b)(A). VerDate Sep<11>2014 18:56 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1

57738 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations List of Subjects in 50 CFR Part 600 DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Administrative practice and National Oceanic and Atmospheric Background procedure, Confidential business Administration In the 2015 annual management information, Fisheries, Reporting and measures for ocean salmon fisheries (80 recordkeeping requirements. 50 CFR Part 660 FR 25611, May 5, 2015), NMFS Dated: September 21, 2015. announced the commercial and [Docket No. 150316270–5270–01] recreational fisheries in the area from Samuel D. Rauch III, RIN 0648–XE187 the U.S./Canada border to the U.S./ Deputy Assistant Administrator for Mexico border, beginning May 1, 2015, Regulatory Programs, National Marine Fisheries Off West Coast States; and 2016 salmon fisheries opening Fisheries Service. Modifications of the West Coast earlier than May 1, 2016. NMFS is Commercial and Recreational Salmon authorized to implement inseason For the reasons set out in the Fisheries; Inseason Actions #30 preamble, NMFS amends 50 CFR part management actions to modify fishing Through #36 seasons and quotas as necessary to 600 as follows: AGENCY: National Marine Fisheries provide fishing opportunity while PART 600—MAGNUSON-STEVENS Service (NMFS), National Oceanic and meeting management objectives for the ACT PROVISIONS Atmospheric Administration (NOAA), affected species (50 CFR 660.409). Commerce. Inseason actions in the salmon fishery ■ 1. The authority citation for part 600 ACTION: Modification of fishing seasons; may be taken directly by NMFS (50 CFR request for comments. 660.409(a)—Fixed inseason continues to read as follows: management provisions) or upon Authority: 5 U.S.C 561 and 16 U.S.C. 1801 SUMMARY: NMFS announces seven consultation with the Pacific Fishery et seq. inseason actions in the ocean salmon Management Council (Council) and the fisheries. These inseason actions appropriate State Directors (50 CFR ■ 2. Section 600.155 is revised to read 660.409(b)—Flexible inseason modified the commercial and as follows: management provisions). The state recreational salmon fisheries in the area § 600.155 Freedom of Information Act from the U.S./Canada border to Cape management agencies that participated (FOIA) requests. Falcon, OR. in the consultations described in this DATES: The effective dates for the document were: Oregon Department of (a) FOIA requests received by a Fish and Wildlife (ODFW) and inseason actions are set out in this Council should be coordinated document under the heading Inseason Washington Department of Fish and promptly with the appropriate NMFS Actions. Comments will be accepted Wildlife (WDFW). Regional Office. The Region will through October 13, 2015. Management of the salmon fisheries is forward the request to the NOAA FOIA ADDRESSES: You may submit comments, generally divided into two geographic Officer to secure a FOIA number and log identified by NOAA–NMFS–2015–0001, areas: north of Cape Falcon (U.S./ the request into FOIAonline. The Region by any one of the following methods: Canada border to Cape Falcon, OR) and will also obtain clearance from the • Electronic Submissions: Submit all south of Cape Falcon (Cape Falcon, OR, NOAA General Counsel’s Office electronic public comments via the to the U.S./Mexico border). The concerning initial determination for Federal eRulemaking Portal. Go to inseason actions reported in this denial of requested information. www.regulations.gov/#!docketDetail;D= document affect fisheries north of Cape NOAA-NMFS-2015-0001, click the Falcon. The north of Cape Falcon area (b) FOIA request processing will be ‘‘Comment Now!’’ icon, complete the is further subdivided into four controlled and documented in the required fields, and enter or attach your management subareas: Neah Bay Region. The requests should be Subarea (U.S./Canada border to Cape forwarded to the NOAA FOIA Officer comments. • Mail: William W. Stelle, Jr., Alava, WA), La Push Subarea (Cape who will enter the request into Alava, WA, to Queets River, WA), FOIAonline. The request will be Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way Westport Subarea (Queets River, WA, to assigned an official FOIA number and Leadbetter Point, WA), and Columbia NE., Seattle WA 98115–6349. due date. In the event the Region Instructions: Comments sent by any River Subarea (Leadbetter Point, WA, to determines that the requested other method, to any other address or Cape Falcon, OR). All times mentioned information is exempt from disclosure, individual, or received after the end of refer to Pacific daylight time. in full or in part, under the FOIA, the the comment period, may not be denial letter prepared for the Assistant Inseason Actions considered by NMFS. All comments Administrator’s signature, along with received are a part of the public record Inseason Action #30 the ‘‘Foreseeable Harm’’ Memo and list and will generally be posted for public Description of action: Inseason action of documents to be withheld, must be viewing on www.regulations.gov #30 reduced the landing and possession cleared through the NMFS FOIA without change. All personal identifying limit for Chinook salmon in the Liaison. Upon completion, a copy of the information (e.g., name, address, etc.), commercial salmon fishery north of signed letter transmitting the confidential business information, or Cape Falcon from 40 to 35 Chinook information to the requester should be otherwise sensitive information salmon per vessel per open period. This mstockstill on DSK4VPTVN1PROD with RULES posted to FOIAonline by NMFS. submitted voluntarily by the sender will action superseded inseason action #29 [FR Doc. 2015–24364 Filed 9–24–15; 8:45 am] be publicly accessible. NMFS will (80 FR 53015, September 2, 2015). BILLING CODE 3510–22–P accept anonymous comments (enter Effective dates: Inseason action #30 ‘‘N/A’’ in the required fields if you wish took effect on August 28, 2015, and to remain anonymous). remained in effect until superseded by FOR FURTHER INFORMATION CONTACT: inseason action #34 on September 4, Peggy Mundy at 206–526–4323. 2015. VerDate Sep<11>2014 18:56 Sep 24, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1


Document Created: 2018-02-26 10:19:54
Document Modified: 2018-02-26 10:19:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendments.
DatesThis final rule is effective October 26, 2015.
ContactSteven Goodman at 301-427-8732, [email protected]
FR Citation80 FR 57737 
RIN Number0648-BE73
CFR AssociatedAdministrative Practice and Procedure; Confidential Business Information; Fisheries and Reporting and Recordkeeping Requirements
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