80_FR_79212 80 FR 78969 - Atlantic Highly Migratory Species; Smoothhound Shark Management Measures

80 FR 78969 - Atlantic Highly Migratory Species; Smoothhound Shark Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range78969-78970
FR Document2015-31782

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations pertaining to the U.S. Atlantic smoothhound shark fisheries in a final rule that was published on November 24, 2015. The intent of this final rule is to inform the public of the effectiveness of the collection-of-information requirements associated with the commercial smoothhound shark permit.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Rules and Regulations]
[Pages 78969-78970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

[Docket No. 110819516-5999-03]
RIN 0648-BB02


Atlantic Highly Migratory Species; Smoothhound Shark Management 
Measures

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

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

-----------------------------------------------------------------------

SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of collection-of-information requirements contained in 
regulations pertaining to the U.S. Atlantic smoothhound shark fisheries 
in a final rule that was published on November 24, 2015. The intent of 
this final rule is to inform the public of the effectiveness of the 
collection-of-information requirements associated with the commercial 
smoothhound shark permit.

DATES: This final rule is effective on March 15, 2016.

ADDRESSES: Written comments regarding burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by email to [email protected], or 
fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202-670-6637 
or email at [email protected].

SUPPLEMENTARY INFORMATION: Atlantic sharks, including smoothhound 
sharks, are managed under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), and the 
authority to promulgate regulations under the Magnuson-Stevens Act has 
been delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA. On October 2, 2006, NMFS published in the Federal 
Register (71 FR 58058) final regulations, effective November 1, 2006, 
which detailed management measures for Atlantic Highly Migratory 
Species (HMS) fisheries, including for the Atlantic shark fisheries. 
The implementing regulations for the 2006 Consolidated HMS FMP and its 
amendments are at 50 CFR part 635.
    The final rule implementing Amendment 9 to the 2006 Consolidated 
Atlantic HMS Fishery Management Plan (FMP) (Amendment 9) was published 
on November 24, 2015 (80 FR 73128) and included measures to bring 
smoothhound sharks under Federal management. Among these measures was a 
commercial smoothhound shark permit requirement for Federal smoothhound 
shark fishermen in the Atlantic Ocean and Gulf of Mexico. At the time 
of publication of the final rule implementing Amendment 9, collection-
of-information requirements associated with the smoothhound shark 
permit were pending approval by OMB.
    OMB approved the collection-of-information requirements contained 
in the final rule on December 10, 2015. Additionally, the application 
for the smoothhound shark permit is now available.

Classification

Paperwork Reduction Act

    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 0648-0205. This collection is revised to 
add a commercial smoothhound shark permit in association with Amendment 
9 to the HMS FMP (Amendment 9). Among other things, Amendment 9 
implements a commercial smoothhound shark permit requirement for 
vessels retaining smoothhound sharks caught in Federal waters of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. This 
permit requirement will aid in identifying the participants in the 
smoothhound shark fishery to facilitate information gathering for 
fishery management and quota monitoring, facilitate enforcement of 
fishing regulations, and help maintain a sustainable fishery. The 
commercial smoothhound shark permitting requirement will become 
effective on March 15, 2016. NMFS estimates up to 500 applicants for 
the new permit with each response taking 30 minutes. Thus, this 
revision will add 500 respondents, 500 responses, and 250 burden hours 
to fill out and submit an application for a commercial smoothhound 
shark permit. Additionally, a $25 application fee will result in a 
total of $12,500 additional cost to OMB Control Number 0648-0205.

Administrative Procedure Act

    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 NMFS or OMB. In 
addition, the public has had the opportunity to comment on both the 
substance of the reporting requirements, at the time NMFS adopted them, 
and on NMFS' request to OMB for revision of the information collection. 
The reporting requirements at issue were detailed in a proposed rule on 
which NMFS accepted public comment. The reporting provisions in 50 CFR 
635.4 were initially published at 79 FR 56047 on September 18, 2014, 
with comments accepted until November 14, 2014, and published as a 
final rule at 80 FR 73128 on November 24, 2015. An additional 
opportunity for public comment at this point would not be meaningful, 
and would be duplicative.

Regulatory Flexibility Act

    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.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: December 14, 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 15 CFR part 
902 as follows:

[[Page 78970]]

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENT 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.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'', add an entry in alphanumeric order for ``635.4(e)(4)'' to read 
as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                            control No.
  CFR part or section where the information collection     (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR                                                    ..............
 
                                * * * * *
635.4(e)(4).............................................           -0205
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-31782 Filed 12-15-15; 11:15 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations                                         78969

                                                    Issued in Seattle, Washington, on                     November 1, 2006, which detailed                      Additionally, a $25 application fee will
                                                  December 10, 2015.                                      management measures for Atlantic                      result in a total of $12,500 additional
                                                  Tracey Johnson,                                         Highly Migratory Species (HMS)                        cost to OMB Control Number 0648–
                                                  Manager, Operations Support Group, Western              fisheries, including for the Atlantic                 0205.
                                                  Service Center.                                         shark fisheries. The implementing
                                                  [FR Doc. 2015–31645 Filed 12–17–15; 8:45 am]            regulations for the 2006 Consolidated                 Administrative Procedure Act
                                                  BILLING CODE 4910–13–P                                  HMS FMP and its amendments are at 50                     Pursuant to 5 U.S.C. 553(b)(B), there
                                                                                                          CFR part 635.
                                                                                                                                                                is good cause to waive prior notice and
                                                                                                             The final rule implementing
                                                                                                          Amendment 9 to the 2006 Consolidated                  opportunity for public comment for this
                                                  DEPARTMENT OF COMMERCE                                                                                        action because notice and comment
                                                                                                          Atlantic HMS Fishery Management Plan
                                                                                                          (FMP) (Amendment 9) was published                     would be unnecessary and contrary to
                                                  National Oceanic and Atmospheric
                                                  Administration                                          on November 24, 2015 (80 FR 73128)                    the public interest. This action simply
                                                                                                          and included measures to bring                        provides notice of OMB’s approval of
                                                  15 CFR Part 902                                         smoothhound sharks under Federal                      the reporting requirements at issue,
                                                                                                          management. Among these measures                      which has already occurred, and
                                                  [Docket No. 110819516–5999–03]                          was a commercial smoothhound shark                    renders those requirements effective.
                                                  RIN 0648–BB02                                           permit requirement for Federal                        Thus, this action does not involve any
                                                                                                          smoothhound shark fishermen in the                    further exercise of agency discretion and
                                                  Atlantic Highly Migratory Species;                      Atlantic Ocean and Gulf of Mexico. At                 no comment received at this time would
                                                  Smoothhound Shark Management                            the time of publication of the final rule             impact any decision by NMFS or OMB.
                                                  Measures                                                implementing Amendment 9,                             In addition, the public has had the
                                                                                                          collection-of-information requirements                opportunity to comment on both the
                                                  AGENCY:  National Marine Fisheries
                                                                                                          associated with the smoothhound shark                 substance of the reporting requirements,
                                                  Service (NMFS), National Oceanic and
                                                                                                          permit were pending approval by OMB.                  at the time NMFS adopted them, and on
                                                  Atmospheric Administration (NOAA),                         OMB approved the collection-of-
                                                  Commerce.                                                                                                     NMFS’ request to OMB for revision of
                                                                                                          information requirements contained in                 the information collection. The
                                                  ACTION: Final rule; effective date of OMB               the final rule on December 10, 2015.
                                                  control numbers.                                                                                              reporting requirements at issue were
                                                                                                          Additionally, the application for the                 detailed in a proposed rule on which
                                                                                                          smoothhound shark permit is now                       NMFS accepted public comment. The
                                                  SUMMARY:    NMFS announces approval by
                                                                                                          available.
                                                  the Office of Management and Budget                                                                           reporting provisions in 50 CFR 635.4
                                                  (OMB) of collection-of-information                      Classification                                        were initially published at 79 FR 56047
                                                  requirements contained in regulations                                                                         on September 18, 2014, with comments
                                                                                                          Paperwork Reduction Act
                                                  pertaining to the U.S. Atlantic                                                                               accepted until November 14, 2014, and
                                                  smoothhound shark fisheries in a final                     This rule makes effective a collection-            published as a final rule at 80 FR 73128
                                                  rule that was published on November                     of-information requirement subject to                 on November 24, 2015. An additional
                                                  24, 2015. The intent of this final rule is              the Paperwork Reduction Act. The                      opportunity for public comment at this
                                                  to inform the public of the effectiveness               collection of this information has been               point would not be meaningful, and
                                                  of the collection-of-information                        approved by the Office of Management
                                                                                                                                                                would be duplicative.
                                                  requirements associated with the                        and Budget (OMB) under OMB Control
                                                  commercial smoothhound shark permit.                    Number 0648–0205. This collection is                  Regulatory Flexibility Act
                                                  DATES: This final rule is effective on
                                                                                                          revised to add a commercial
                                                                                                          smoothhound shark permit in                              Because prior notice and opportunity
                                                  March 15, 2016.                                                                                               for public comment are not required for
                                                                                                          association with Amendment 9 to the
                                                  ADDRESSES: Written comments                                                                                   this rule by 5 U.S.C. 553, or any other
                                                                                                          HMS FMP (Amendment 9). Among
                                                  regarding burden-hour estimates or                      other things, Amendment 9 implements                  law, the analytical requirements of the
                                                  other aspects of the collection-of-                     a commercial smoothhound shark                        Regulatory Flexibility Act, 5 U.S.C. 601,
                                                  information requirements contained in                   permit requirement for vessels retaining              et seq., are inapplicable.
                                                  this final rule may be submitted by                     smoothhound sharks caught in Federal
                                                  email to                                                waters of the Atlantic Ocean, including               Executive Order 12866
                                                  OIRA_Submission@omb.eop.gov, or fax                     the Gulf of Mexico and Caribbean Sea.
                                                  to (202) 395–7285.                                                                                              This final rule has been determined to
                                                                                                          This permit requirement will aid in                   be not significant for purposes of
                                                  FOR FURTHER INFORMATION CONTACT:                        identifying the participants in the                   Executive Order 12866.
                                                  Steve Durkee by phone at 202–670–6637                   smoothhound shark fishery to facilitate
                                                  or email at steve.durkee@noaa.gov.                      information gathering for fishery                     List of Subjects in 15 CFR Part 902
                                                  SUPPLEMENTARY INFORMATION: Atlantic                     management and quota monitoring,
                                                  sharks, including smoothhound sharks,                   facilitate enforcement of fishing                       Reporting and recordkeeping
                                                  are managed under the authority of the                  regulations, and help maintain a                      requirements.
                                                  Magnuson-Stevens Fishery                                sustainable fishery. The commercial                     Dated: December 14, 2015.
                                                  Conservation and Management Act                         smoothhound shark permitting                          Samuel D. Rauch III,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  (Magnuson-Stevens Act), and the                         requirement will become effective on                  Deputy Assistant Administrator for
                                                  authority to promulgate regulations                     March 15, 2016. NMFS estimates up to                  Regulatory Programs, National Marine
                                                  under the Magnuson-Stevens Act has                      500 applicants for the new permit with                Fisheries Service.
                                                  been delegated from the Secretary to the                each response taking 30 minutes. Thus,
                                                  Assistant Administrator for Fisheries,                  this revision will add 500 respondents,                 For the reasons set out in the
                                                  NOAA. On October 2, 2006, NMFS                          500 responses, and 250 burden hours to                preamble, NMFS amends 15 CFR part
                                                  published in the Federal Register (71                   fill out and submit an application for a              902 as follows:
                                                  FR 58058) final regulations, effective                  commercial smoothhound shark permit.


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                                                  78970                 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations

                                                  Title 15—Commerce and Foreign Trade                                                                               Current OMB       SUMMARY:  The Food and Drug
                                                                                                                            CFR part or section where
                                                                                                                            the information collection             control No. (all   Administration (FDA) is amending the
                                                  PART 902—NOAA INFORMATION                                                   requirement is located               numbers begin      animal drug regulations to reflect the
                                                  COLLECTION REQUIREMENT UNDER                                                                                      with 0648–)
                                                                                                                                                                                      withdrawal of approval of three new
                                                  THE PAPERWORK REDUCTION ACT:                                                                                                        animal drug applications (NADAs)
                                                                                                                           *          *              *             *         *
                                                  OMB CONTROL NUMBERS                                                   635.4(e)(4) ............................           ¥0205      providing for the use of nitarsone in
                                                                                                                                                                                      medicated feed for chickens and
                                                  ■ 1. The authority citation for part 902                                   *           *             *           *          *       turkeys. This action is being taken at the
                                                  continues to read as follows:                                                                                                       sponsor’s request because these
                                                      Authority: 44 U.S.C. 3501 et seq.                                 [FR Doc. 2015–31782 Filed 12–15–15; 11:15 am]                 products are no longer manufactured or
                                                                                                                        BILLING CODE 3510–22–P                                        marketed.
                                                  ■  2. In § 902.1, in the table in paragraph
                                                  (b), under the entry ‘‘50 CFR’’, add an                                                                                             DATES: This rule is effective December
                                                  entry in alphanumeric order for                                                                                                     31, 2015.
                                                                                                                        DEPARTMENT OF HEALTH AND
                                                  ‘‘635.4(e)(4)’’ to read as follows:                                   HUMAN SERVICES                                                FOR FURTHER INFORMATION CONTACT:
                                                  § 902.1 OMB control numbers assigned                                                                                                Sujaya Dessai, Center for Veterinary
                                                  pursuant to the Paperwork Reduction Act.                              Food and Drug Administration                                  Medicine (HFV–212), Food and Drug
                                                                                                                                                                                      Administration, 7519 Standish Pl.,
                                                  *       *    *            *       *                                   21 CFR Parts 556 and 558                                      Rockville, MD 20855, 240–402–5761,
                                                      (b) * * *                                                                                                                       sujaya.dessai@fda.hhs.gov.
                                                                                                                        [Docket No. FDA–2015–N–0002]
                                                                                              Current OMB                                                                             SUPPLEMENTARY INFORMATION: Zoetis
                                                      CFR part or section where                                         New Animal Drugs for Use in Animal
                                                      the information collection             control No. (all                                                                         Inc., 333 Portage St., Kalamazoo, MI
                                                                                             numbers begin              Feed; Withdrawal of Approval of New                           49007 has requested that FDA withdraw
                                                        requirement is located                with 0648–)               Animal Drug Applications; Nitarsone                           approval of the following NADAs that
                                                                                                                        AGENCY:       Food and Drug Administration,                   provide for the use of nitarsone in
                                                     *              *           *             *               *         HHS.                                                          medicated feed for chickens and turkeys
                                                  50 CFR                                     ........................                                                                 because the products are no longer
                                                                                                                        ACTION:      Final rule.
                                                                                                                                                                                      manufactured or marketed:

                                                                                                                                                                                                                                 21 CFR
                                                         File No.                                                                              Product name                                                                      Section

                                                  007–616 ............      HISTOSTAT 50 (nitarsone) Type A Medicated Article ........................................................................................             558.369
                                                  141–088 ............      HISTOSTAT 50 (nitarsone)/BMD (bacitracin methylene disalicylate) ..................................................................                    558.369
                                                  141–132 ............      HISTOSTAT 50/ALBAC (bacitracin zinc) .............................................................................................................     558.369



                                                     Elsewhere in this issue of the Federal                             PART 556—TOLERANCES FOR                                         Dated: December 11, 2015.
                                                  Register, FDA gave notice that approval                               RESIDUES OF NEW ANIMAL DRUGS                                  Bernadette Dunham,
                                                  of NADAs 007–616, 141–088, and 141–                                   IN FOOD                                                       Director, Center for Veterinary Medicine.
                                                  132, and all supplements and                                                                                                        [FR Doc. 2015–31827 Filed 12–17–15; 8:45 am]
                                                  amendments thereto, is withdrawn,                                     ■ 1. The authority citation for 21 CFR
                                                                                                                                                                                      BILLING CODE 4164–01–P
                                                  effective December 31, 2015. As                                       part 556 continues to read as follows:
                                                  provided in the regulatory text of this                                   Authority: 21 U.S.C. 342, 360b, 371.
                                                  document, the animal drug regulations                                                                                               DEPARTMENT OF HEALTH AND
                                                  are amended to reflect these voluntary                                § 556.60       [Removed]
                                                                                                                                                                                      HUMAN SERVICES
                                                  withdrawals of approval.                                              ■   2. Remove § 556.60.
                                                     This rule does not meet the definition                                                                                           Food and Drug Administration
                                                  of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because                             PART 558—NEW ANIMAL DRUGS FOR
                                                  it is a rule of ‘‘particular applicability.’’                         USE IN ANIMAL FEEDS                                           21 CFR Part 558
                                                  Therefore, it is not subject to the                                   ■ 3. The authority citation for 21 CFR                        [Docket No. FDA–2015–N–0002]
                                                  congressional review requirements in 5                                part 558 continues to read as follows:
                                                  U.S.C. 801–808.                                                                                                                     New Animal Drugs for Use in Animal
                                                                                                                          Authority: 21 U.S.C. 354, 360b, 360ccc,                     Feed; Withdrawal of Approval of New
                                                  List of Subjects                                                      360ccc–1, 371.
                                                                                                                                                                                      Animal Drug Applications; Nitarsone
                                                  21 CFR Parts 556                                                      § 558.4      [Amended]                                        AGENCY:      Food and Drug Administration,
                                                                                                                        ■ 4. In § 558.4(d), in the ‘‘Category II’’                    HHS.
                                                      Animal drugs, Food.
                                                                                                                        table, remove the entry for ‘‘Nitarsone’’.
                                                                                                                                                                                      ACTION:     Notification of withdrawal.
                                                  21 CFR Parts 558
                                                                                                                        § 558.76       [Amended]
                                                                                                                                                                                      SUMMARY:   The Food and Drug
                                                      Animal drugs, Animal feeds.                                         5. In § 558.76, remove and reserve
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                        ■
                                                                                                                                                                                      Administration (FDA) is withdrawing
                                                    Therefore, under the Federal Food,                                  paragraph (d)(3)(xiii).                                       approval of three new animal drug
                                                  Drug, and Cosmetic Act and under                                      § 558.78       [Amended]                                      applications (NADAs) providing for the
                                                  authority delegated to the Commissioner                               ■ 6. In § 558.78, remove and reserve                          use of nitarsone in medicated feed for
                                                  of Food and Drugs and redelegated to                                  paragraph (d)(3)(vii).                                        chickens and turkeys. This action is
                                                  the Center for Veterinary Medicine, 21                                                                                              being taken at the sponsor’s request
                                                  CFR parts 556 and 558 are amended as                                  § 558.369       [Removed]                                     because these products are no longer
                                                  follows:                                                              ■   7. Remove § 558.369.                                      manufactured or marketed.


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Document Created: 2015-12-18 01:38:25
Document Modified: 2015-12-18 01:38:25
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; effective date of OMB control numbers.
DatesThis final rule is effective on March 15, 2016.
ContactSteve Durkee by phone at 202-670-6637 or email at [email protected]
FR Citation80 FR 78969 
RIN Number0648-BB02

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