82_FR_9995 82 FR 9969 - International Affairs; Antarctic Marine Living Resources Convention Act

82 FR 9969 - International Affairs; Antarctic Marine Living Resources Convention Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range9969-9970
FR Document2017-02658

In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (the Memorandum), this action delays the effective date of the final rule published on January 19, 2017.

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9969-9970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02658]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 300

[Docket No. 120201087-6641-02]
RIN 0648-BB86


International Affairs; Antarctic Marine Living Resources 
Convention Act

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

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2017, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Freeze Pending Review,'' published in the Federal Register 
on January 24, 2017 (the Memorandum), this action delays the effective 
date of the final rule published on January 19, 2017.

DATES: Effective February 9, 2017, the effective date of the final rule 
amending 15 CFR part 902 and 50 CFR part 300, that published on January 
19, 2017, at 82 FR 6221, is delayed until March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Mi Ae Kim, Office of International 
Affairs

[[Page 9970]]

and Seafood Inspection, NMFS (phone 301-427-8365, or email 
[email protected]).

SUPPLEMENTARY INFORMATION: On January 19, 2017, NMFS published this 
final rule that sets forth changes to the regulations that implement 
conservation measures adopted by the Commission for the Conservation of 
Antarctic Marine Living Resources (CCAMLR or Commission). This final 
rule streamlines and clarifies the regulations for Antarctic marine 
living resources, shifts deadlines for advance notice of intended 
fishing activities, distinguishes between first receivers and dealers 
of Antarctic marine living resources (AMLR), reduces the time for 
advance notice of imports of Dissostichus species, and adds 
transshipment notification requirements. The sections of these 
regulations are reorganized to group requirements related to the trade 
of Antarctic marine living resources and those that apply to fishing 
activities. Additionally, this action updates the regulations to 
reflect Commission-adopted revisions to existing conservation measures 
and changes made to the Antarctic Marine Living Resources Convention 
Act through the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015.
    On January 20, 2017, the White House issued a memo instructing 
Federal agencies to temporarily postpone the effective date for 60 days 
after January 20, 2017, of any regulations or guidance documents that 
have published in the Federal Register but not yet taken effect, for 
the purpose of ``reviewing questions of fact, law, and policy they 
raise.'' In accordance with this memorandum, this action delays the 
effective date of the final rule NMFS published on January 19, 2017, at 
82 FR 6221, until March 21, 2017.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 300

    Antarctica, Antarctic marine living resources, Catch documentation 
scheme, Fisheries, Fishing, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: February 3, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-02658 Filed 2-8-17; 8:45 am]
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                                                               Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations                                               9969

                                              rule making before the rule can be                      substantial number of such small                        Authority: 15 U.S.C. 634(b); 31 U.S.C.
                                              effective. 5 U.S.C. 553(b)                              entities. However, the RFA requires                   3803(g)(2).
                                                                                                      such analysis only where notice and
                                              IV. Justification for Immediate Effective                                                                     § 142.1    [Amended]
                                                                                                      comment rulemaking is required. As
                                              Date                                                                                                          ■  6. Paragraph (b) of § 142.1 is amended
                                                                                                      stated above, SBA has express statutory
                                                Section 553(d) requires agencies to                   authority to issue this rule without                  by removing ‘‘$10,781’’ and adding in
                                              publish their rules at least 30 days                    regard to the notice and comment. Since               its place ‘‘$10,957’’.
                                              before their effective dates, except if the             notice and comment is not required
                                              agency finds for good cause that the                                                                          PART 146—NEW RESTRICTIONS ON
                                                                                                      before this rule is issued, SBA is not
                                              delay is impracticable, unnecessary, or                                                                       LOBBYING
                                                                                                      required to prepare a regulatory
                                              contrary to the public interest. By                     analysis.                                             ■ 7. The authority citation for part 146
                                              expressly exempting this rule from
                                                                                                      List of Subjects                                      continues to read as follows:
                                              section 553, the 2015 Inflation
                                              Adjustment Improvements Act has                                                                                 Authority: Section 319, Pub. L. 101–121
                                                                                                      13 CFR Part 107
                                              provided the agency with the good                                                                             (31 U.S.C. 1352); 15 U.S.C. 634(b)(6).
                                              cause justification for this rule to                      Investment companies, Loan
                                                                                                      programs—business, Reporting and                      § 146.400     [Amended]
                                              become effective on the date it is
                                              published in the Federal Register.                      recordkeeping requirements, Small                     ■  8. Paragraphs (a), (b), and (e) of
                                                                                                      businesses.                                           § 146.400 are amended by removing
                                              Compliance With Executive Orders                                                                              ‘‘$18,936’’ wherever it appears and
                                              12866, 12988, and 13132, and the                        13 CFR Part 120
                                                                                                                                                            adding in its place ‘‘$19,246’’ and by
                                              Paperwork Reduction Act (44 U.S.C. Ch.                    Loan programs—business, Reporting                   removing ‘‘$189,361’’ and adding in its
                                              35) and the Regulatory Flexibility Act (5               and recordkeeping requirements, Small                 place ‘‘$192,459’’.
                                              U.S.C. 601–612)                                         businesses.
                                                                                                                                                              Dated: February 3, 2017.
                                              Executive Order 12866                                   13 CFR Part 142                                       Joseph P. Loddo,
                                                The Office of Management and Budget                     Administrative practice and                         Acting Administrator.
                                              has determined that this interim final                  procedure, Claims, Fraud, Penalties.                  [FR Doc. 2017–02657 Filed 2–8–17; 8:45 am]
                                              rule is not a significant regulatory action             13 CFR Part 146                                       BILLING CODE 8025–01–P
                                              under Executive Order 12866. This is
                                              also not a major rule under the                           Government contracts, Grant
                                              Congressional Review Act, 5 U.S.C. 800.                 programs, Loan programs, Lobbying,                    DEPARTMENT OF COMMERCE
                                                                                                      Penalties, Reporting and recordkeeping
                                              Executive Order 12988                                   requirements.                                         National Oceanic and Atmospheric
                                                 This action meets applicable                           For the reasons set forth in the                    Administration
                                              standards set forth in Sections 3(a) and                preamble, SBA amends 13 CFR parts
                                              3(b)(2) of Executive Order 12988, Civil                 107, 120, 142, and 146 as follows:                    15 CFR Part 902
                                              Justice Reform, to minimize litigation,
                                              eliminate ambiguity, and reduce                         PART 107—SMALL BUSINESS                               50 CFR Part 300
                                              burden. The action does not have                        INVESTMENT COMPANIES
                                                                                                                                                            [Docket No. 120201087–6641–02]
                                              retroactive or preemptive effect.
                                                                                                      ■  1. The authority citation for part 107
                                                                                                                                                            RIN 0648–BB86
                                              Executive Order 13132                                   is revised to read as follows:
                                                For the purpose of Executive Order                      Authority: 15 U.S.C. 681, 683, 687(c), 687b,        International Affairs; Antarctic Marine
                                              13132, SBA has determined that the rule                 687d, 687g, 687m.                                     Living Resources Convention Act
                                              will not have substantial direct effects
                                              on the States, on the relationship
                                                                                                      § 107.665    [Amended]                                AGENCY:  National Marine Fisheries
                                              between the national government and                     ■ 2. In § 107.665, remove ‘‘$250’’ and                Service (NMFS), National Oceanic and
                                              the States, or on the distribution of                   add in its place ‘‘$254’’.                            Atmospheric Administration (NOAA),
                                              power and responsibilities among the                                                                          Commerce.
                                              various levels of government. Therefore,                PART 120—BUSINESS LOANS                               ACTION: Final rule; delay of effective
                                              this interim final rule has no federalism                                                                     date.
                                                                                                      ■ 3. The authority citation for part 120
                                              implications warranting preparation of a                continues to read as follows:                         SUMMARY:    In accordance with the
                                              federalism assessment.                                                                                        memorandum of January 20, 2017, from
                                                                                                        Authority: 15 U.S.C. 634(b)(6), (b)(7),
                                              Paperwork Reduction Act                                 (b)(14), (h), and note, 636(a), (h) and (m), 650,     the Assistant to the President and Chief
                                                                                                      687(f), 696(3), and 697(a) and (e); Public Law        of Staff, entitled ‘‘Regulatory Freeze
                                                SBA has determined that this rule
                                                                                                      111–5, 123 Stat. 115, Public Law 111–240,             Pending Review,’’ published in the
                                              does not impose additional reporting or
                                                                                                      124 Stat. 2504; Public Law 114–113, 129 Stat.         Federal Register on January 24, 2017
                                              recordkeeping requirements.                             2242.                                                 (the Memorandum), this action delays
                                              Regulatory Flexibility Act (RFA)                                                                              the effective date of the final rule
                                                                                                      § 120.465    [Amended]
                                                 The RFA requires agencies to consider                                                                      published on January 19, 2017.
                                                                                                      ■ 4. Paragraph (b) of § 120.465 is                    DATES: Effective February 9, 2017, the
                                              the effect of their regulatory actions on
                                                                                                      amended by removing ‘‘$6,299’’ and
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                                              small entities, including small non-                                                                          effective date of the final rule amending
                                                                                                      adding in its place ‘‘$6,331’’.                       15 CFR part 902 and 50 CFR part 300,
                                              profit businesses, and small local
                                              governments. Pursuant to the RFA,                       PART 142—PROGRAM FRAUD CIVIL                          that published on January 19, 2017, at
                                              when an agency issues a rule the agency                 REMEDIES ACT REGULATIONS                              82 FR 6221, is delayed until March 21,
                                              must prepare an analysis that describes                                                                       2017.
                                              whether the impact of the rule will have                ■ 5. The authority citation for part 142              FOR FURTHER INFORMATION CONTACT: Mi
                                              a significant economic impact on a                      continues to read as follows:                         Ae Kim, Office of International Affairs


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                                              9970             Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations

                                              and Seafood Inspection, NMFS (phone                     DEPARTMENT OF HOMELAND                                Register (81 FR 85201). We received no
                                              301–427–8365, or email mi.ae.kim@                       SECURITY                                              comments on the proposed rule.
                                              noaa.gov).
                                                                                                      Coast Guard                                           III. Legal Authority and Need for Rule
                                              SUPPLEMENTARY INFORMATION:      On                                                                               The Coast guard is issuing this rule
                                              January 19, 2017, NMFS published this                   33 CFR Part 117                                       under authority 33 U.S.C. 499.
                                              final rule that sets forth changes to the                                                                        The Old Youngs Bay Bridge across
                                              regulations that implement conservation                 [Docket No. USCG–2016–0968]
                                                                                                                                                            Youngs Bay foot of Fifth Street, mile 2.4,
                                              measures adopted by the Commission                      RIN 1625–AA09                                         at Astoria, OR, has a vertical clearance
                                              for the Conservation of Antarctic Marine                                                                      of 19 feet above mean high water when
                                              Living Resources (CCAMLR or                             Drawbridge Operation Regulation;                      in the closed-to-navigation position. The
                                              Commission). This final rule                            Youngs Bay, Astoria, OR                               bridge operates in accordance with 33
                                              streamlines and clarifies the regulations                                                                     CFR 117.899(b). ODOT requested to
                                                                                                      AGENCY:    Coast Guard, DHS.
                                              for Antarctic marine living resources,                                                                        change the operating schedule of the
                                              shifts deadlines for advance notice of                  ACTION:   Temporary final rule.                       Old Youngs Bay Bridge for several
                                              intended fishing activities, distinguishes                                                                    months while work is performed on the
                                                                                                      SUMMARY:    The Coast Guard is
                                              between first receivers and dealers of                                                                        north bascule lift.
                                                                                                      temporarily changing the operating
                                              Antarctic marine living resources                                                                                This temporary rule will allow ODOT
                                                                                                      schedule that governs the Oregon State
                                              (AMLR), reduces the time for advance                                                                          to operate the double bascule draw in
                                                                                                      highway bridge across Youngs Bay foot
                                              notice of imports of Dissostichus                                                                             single leaf mode, one lift at a time. One
                                                                                                      of Fifth Street (Old Youngs Bay Bridge),
                                              species, and adds transshipment                                                                               half of the double bascule bridge will
                                                                                                      mile 2.4, at Astoria, OR. The Oregon
                                              notification requirements. The sections                                                                       have a containment system installed on
                                                                                                      Department of Transportation (ODOT)
                                              of these regulations are reorganized to                                                                       the north half of the span, which will
                                                                                                      requested to change the operating
                                              group requirements related to the trade                                                                       reduce the vertical clearance by 5 feet
                                                                                                      schedule of the Old Youngs Bay Bridge
                                              of Antarctic marine living resources and                                                                      from 19 feet above mean high water to
                                                                                                      for several months while work is
                                              those that apply to fishing activities.                                                                       14 feet above mean high water on the
                                                                                                      performed on the north bascule lift. This
                                              Additionally, this action updates the                                                                         non-operable half of the span. Adjusting
                                                                                                      change will allow ODOT to operate the
                                              regulations to reflect Commission-                                                                            the existing drawbridge regulation will
                                                                                                      double bascule draw in single leaf
                                              adopted revisions to existing                                                                                 allow construction workers to complete
                                                                                                      mode, one lift at a time, and reduce the
                                              conservation measures and changes                                                                             bridge and highway upgrades before
                                                                                                      vertical clearance of the non-operable
                                              made to the Antarctic Marine Living                                                                           winter of 2017, while having minimal
                                                                                                      half of the span by five feet.
                                              Resources Convention Act through the                                                                          impact on maritime navigation, and no
                                              Illegal, Unreported, and Unregulated                    DATES: This temporary final rule is
                                                                                                                                                            alternate routes are on this part of
                                              Fishing Enforcement Act of 2015.                        effective from 7 a.m. on March 1, 2017                Youngs Bay into Youngs River. Marine
                                                                                                      to 5 p.m. on October 31, 2017.                        traffic on Youngs Bay consists of vessels
                                                 On January 20, 2017, the White House
                                                                                                      ADDRESSES: To view documents                          ranging from small pleasure craft,
                                              issued a memo instructing Federal
                                              agencies to temporarily postpone the                    mentioned in this preamble as being                   sailboats, small tribal fishing boats, and
                                              effective date for 60 days after January                available in the docket, go to http://                commercial tug and tow, and mega
                                              20, 2017, of any regulations or guidance                www.regulations.gov, type USCG–2016–                  yachts.
                                              documents that have published in the                    0968 in the ‘‘SEARCH’’ box and click
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket                      IV. Discussion of Comments, Changes
                                              Federal Register but not yet taken effect,                                                                    and the Temporary Final Rule
                                              for the purpose of ‘‘reviewing questions                Folder on the line associated with this
                                              of fact, law, and policy they raise.’’ In               rulemaking.                                             We provided a comment period of 30
                                              accordance with this memorandum, this                   FOR FURTHER INFORMATION CONTACT: If                   days, no comments were received. This
                                              action delays the effective date of the                 you have questions on this temporary                  rule will temporarily amend 33 CFR
                                              final rule NMFS published on January                    final rule, call or email Steven M.                   117.899(b) by allowing the south lift
                                              19, 2017, at 82 FR 6221, until March 21,                Fischer, Bridge Administrator,                        only to open in single leaf mode, and
                                              2017.                                                   Thirteenth Coast Guard District Bridge                suspend a full opening.
                                                                                                      Program Office, telephone 206–220–                    V. Regulatory Analyses
                                              List of Subjects                                        7282; email d13-pf-d13bridges@
                                                                                                      uscg.mil.                                               We developed this rule after
                                              15 CFR Part 902
                                                                                                                                                            considering numerous statutes and
                                                                                                      SUPPLEMENTARY INFORMATION:                            Executive Orders related to rulemaking.
                                                Reporting and recordkeeping
                                              requirements.                                           I. Table of Abbreviations                             Below we summarize our analyses
                                                                                                                                                            based on these statutes and Executive
                                              50 CFR Part 300                                         CFR Code of Federal Regulations                       Orders, and we discuss First
                                                                                                      DHS Department of Homeland Security
                                                Antarctica, Antarctic marine living                   FR Federal Register
                                                                                                                                                            Amendment rights of protestors.
                                              resources, Catch documentation                          TFR Temporary Final Rule                              A. Regulatory Planning and Review
                                              scheme, Fisheries, Fishing,                             § Section
                                                                                                      U.S.C. United States Code                                Executive Orders 12866 and 13563
                                              Intergovernmental relations, Reporting
                                                                                                      ODOT Oregon State Department of                       direct agencies to assess the costs and
                                              and recordkeeping requirements.
                                                                                                        Transportation                                      benefits of available regulatory
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                                                Dated: February 3, 2017.                                                                                    alternatives and, if regulation is
                                              Alan D. Risenhoover,                                    II. Background, Purpose and Legal                     necessary, to select regulatory
                                              Acting Deputy Assistant Administrator for
                                                                                                      Basis                                                 approaches that maximize net benefits.
                                              Regulatory Programs, National Marine                      On November 25, 2016, we published                  Executive Order 13563 emphasizes the
                                              Fisheries Service.                                      a notice of proposed rulemaking entitled              importance of quantifying both costs
                                              [FR Doc. 2017–02658 Filed 2–8–17; 8:45 am]              Drawbridge Operation Regulation;                      and benefits, of reducing costs, of
                                              BILLING CODE 3510–22–P                                  Youngs Bay, Astoria, OR in the Federal                harmonizing rules, and of promoting


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Document Created: 2017-02-09 01:02:53
Document Modified: 2017-02-09 01:02:53
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; delay of effective date.
DatesEffective February 9, 2017, the effective date of the final rule amending 15 CFR part 902 and 50 CFR part 300, that published on January 19, 2017, at 82 FR 6221, is delayed until March 21, 2017.
ContactMi Ae Kim, Office of International Affairs and Seafood Inspection, NMFS (phone 301-427-8365, or email [email protected]).
FR Citation82 FR 9969 
RIN Number0648-BB86
CFR Citation15 CFR 902
50 CFR 300
CFR AssociatedReporting and Recordkeeping Requirements; Antarctica; Antarctic Marine Living Resources; Catch Documentation Scheme; Fisheries; Fishing and Intergovernmental Relations

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