82_FR_4287 82 FR 4278 - Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act

82 FR 4278 - Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4278-4278
FR Document2017-00307

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.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017) 
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Proposed Rules]
[Page 4278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00307]



[[Page 4278]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 070719377-2189-01]
RIN 0648-AV81


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

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

ACTION: Proposed rule; withdrawal.

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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withdrawn as of January 13, 2017.

FOR FURTHER INFORMATION CONTACT: Karl Moline at 301-427-8225.

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).

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

    Dated: January 5, 2017.
 Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-00307 Filed 1-12-17; 8:45 am]
 BILLING CODE 3510-22-P

4278 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Proposed Rules DEPARTMENT OF COMMERCE Background from fishery management councils and The Magnuson-Stevens Act sets forth representatives of fishing and National Oceanic and Atmospheric information confidentiality environmental organizations to extend Administration requirements at section 402(b), 16 the comment period to allow the U.S.C. 1881a(b). Section 402(b)(3) of the councils and other organizations to 50 CFR Part 600 Act provides that the ‘‘Secretary shall, review the proposed rule and prepare by regulation, prescribe such procedures comments. On June 13, 2012, NMFS [Docket No. 070719377–2189–01] as may be necessary to preserve the published a notice in the Federal confidentiality of information submitted Register extending the comment period RIN 0648–AV81 in compliance with any requirement or end date of the proposed rule from June regulation under this Act . . .’’. Id. 22, 2012 to August 21, 2012 (77 FR Confidentiality of Information; 1881a(b)(3). Accordingly, NMFS has 35349). Subsequently, NMFS received Magnuson-Stevens Fishery promulgated confidentiality of requests to extend the comment period Conservation and Management information regulations, which are set beyond August 21, 2012. In response, Reauthorization Act forth at 50 CFR part 600, subpart E. NMFS published a notice in the Federal AGENCY: National Marine Fisheries Certain terms used in these regulations Register extending the comment period Service (NMFS), National Oceanic and are defined under 50 CFR part 600, an additional 60 days, from August 21, Atmospheric Administration (NOAA), subpart A. NMFS last revised the 2012 to October 21, 2012 (July 26, 2012, Commerce. regulations under subpart E in February 1998 (63 FR 7075). 77 FR 43803). ACTION: Proposed rule; withdrawal. On May 23, 2012, NMFS proposed NMFS would like to reevaluate the SUMMARY: The National Marine revisions to its regulations at 50 CFR proposed revisions to the existing Fisheries Service (NMFS) withdraws a part 600 subpart A, subpart B, and regulations governing the proposed rule to revise existing subpart E, in order to implement confidentiality of information submitted regulations governing the confidentiality requirements in compliance with the Magnuson- confidentiality of information submitted amendments, which were included in Stevens Act. As a result, NMFS has in compliance with any requirement or the 1996 Sustainable Fisheries Act decided that the changes covered in the regulation under the Magnuson-Stevens (SFA) and the 2006 Magnuson Stevens proposed rule from 2012 are not Fishery Conservation and Management Fishery Conservation and Management warranted at this time. Therefore, NMFS Act (Magnuson-Stevens Act). NMFS Reauthorization Act (MSRA) (77 FR is withdrawing the proposed rule published the proposed rule on May 23, 30486). In the proposed rule, NMFS published in the Federal Register on 2012. After careful consideration, NMFS proposed three types of changes: (1) May 23, 2012 (77 FR 30486). has decided that the proposed changes Changes related to broadening the scope of the confidentiality requirements, (2) Authority: 16 U.S.C. 1801 et seq. discussed in the proposed rule are not warranted at this time. changes concerning exceptions Dated: January 5, 2017. authorizing the disclosure of DATES: The proposed rule published on Samuel D. Rauch III, confidential information, and lastly, (3) May 23, 2012 (77 FR 30486) is Deputy Assistant Administrator for non-substantive changes intended to withdrawn as of January 13, 2017. Regulatory Programs, National Marine improve the clarity and accuracy of the FOR FURTHER INFORMATION CONTACT: Karl Fisheries Service. regulations. Moline at 301–427–8225. During the proposed rule’s comment [FR Doc. 2017–00307 Filed 1–12–17; 8:45 am] SUPPLEMENTARY INFORMATION: period, NMFS received several requests BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:35 Jan 12, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4702 Sfmt 9990 E:\FR\FM\13JAP1.SGM 13JAP1


Document Created: 2017-01-13 02:45:00
Document Modified: 2017-01-13 02:45:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; withdrawal.
DatesThe proposed rule published on May 23, 2012 (77 FR 30486) is withdrawn as of January 13, 2017.
ContactKarl Moline at 301-427-8225.
FR Citation82 FR 4278 
RIN Number0648-AV81
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