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)

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, 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withdrawn as of January 13, 2017.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