34580 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Norberto Gonzalez, U.S. EPA, Region 5, 

Land and Chemicals Branch, 77 West 

Jackson Boulevard, Mail Code LL–17J, 

Chicago, Illinois 60604, email: 

gonzalez.norberto@epa.gov, phone 

number (312) 353–1612. 

SUPPLEMENTARY INFORMATION: 

A. What changes to Illinois hazardous 

waste program is EPA authorizing with 

this action? 

On May 25, 2021, Illinois submitted a 

complete program revision application 

seeking authorization of changes to its 

hazardous waste program in accordance 

with 40 CFR 271.21. EPA now makes a 

final decision that Illinois’s hazardous 

waste program revisions that are being 

authorized are equivalent to, consistent 

with, and no less stringent than the 

Federal program, and therefore satisfy 

all the requirements necessary to qualify 

for final authorization. For a list of State 

rules being authorized with this Final 

Authorization, please see the Proposed 

Rule published in the February 1, 2022, 

Federal Register at Illinois: Proposed 

Authorization of State Hazardous Waste 

Management Program Revision (87 FR 

5450, February 1, 2022). 

B. What is codification and is EPA 

codifying the Illinois hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

citations and references to the State’s 

statutes and regulations that comprise 

the State’s authorized hazardous waste 

program into the Code of Federal 

Regulations. EPA does this by adding 

those citations and references to the 

authorized State rules in 40 CFR part 

272. EPA is not codifying the 

authorization of Illinois’s revisions at 

this time. However, EPA reserves the 

ability to amend 40 CFR part 272, 

subpart O for the authorization of 

Illinois’s program changes at a later 

date. 

C. Statutory and Executive Order 

Reviews 

This final authorization revises 

Illinois’s authorized hazardous waste 

management program pursuant to 

Section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by State law. For further 

information on how this authorization 

complies with applicable executive 

orders and statutory provisions, please 

see the Proposed Rule published in the 

Federal Register at Illinois: Proposed 

Authorization of State Hazardous Waste 

Management Program Revision (87 FR 

5450, February 1, 2022). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., as added by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, generally provides that before a 

rule may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this document and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This final action will 

be effective June 7, 2022. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

administrative practice and procedure, 

confidential business information, 

hazardous waste, hazardous waste 

transportation, Indian lands, 

intergovernmental relations, penalties, 

reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: May 31, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2022–12185 Filed 6–6–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220531–0126] 

RIN 0648–BJ86 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Implementation of 

Emergency Decisions of the Western 

and Central Pacific Fisheries 

Commission 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Under authority of the 

Western and Central Pacific Fisheries 

Convention Implementation Act 

(WCPFC Implementation Act), NMFS 

issues this rule to make final an interim 

rule that established a framework to 

implement short-notice decisions of the 

Commission on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean (Commission or WCPFC). 

DATES: Effective July 7, 2022, we 

confirm the effective date of June 11, 

2021 of the interim final rule published 

on June 11, 2021 (86 FR 31178). 

ADDRESSES: Copies of supporting 

documents prepared for this final rule, 

including the regulatory impact review 

(RIR), the programmatic environmental 

assessment (PEA), 2019 supplemental 

environmental assessment (SEA), and 

2021 SEA, as well as the interim final 

rule (86 FR 31178; June 11, 2021), are 

available via the Federal e-rulemaking 

Portal, at www.regulations.gov (search 

for Docket ID NOAA–NMFS–2020– 

0150). Those documents are also 

available from NMFS at the following 

address: Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Building 176, Honolulu, HI 

96818. 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS PIRO, 808–725–5033. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 11, 2021, NMFS published an 

interim final rule to establish a 

framework to implement short-notice 

decisions of the Commission (86 FR 

31178; June 11, 2021). The 30-day 

comment period for the interim final 

rule closed on July 12, 2021. 


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1See 86 FR 16307, published March 29, 2021. 

The Convention on the Conservation 

and Management of Highly Migratory 

Fish Stocks in the Western and Central 

Pacific Ocean (Convention) is concerned 

with the conservation and management 

of highly migratory fish stocks (HMS) 

and the management of fisheries for 

HMS. The objective of the Convention is 

to ensure, through effective 

management, the long-term 

conservation and sustainable use of 

HMS in the western and central Pacific 

Ocean (WCPO). To accomplish this 

objective, the Convention established 

the Commission, which includes 

Members, Cooperating Non-members, 

and Participating Territories 

(collectively referred to here as 

‘‘members’’). The United States of 

America is a Member. American Samoa, 

Guam, and the Commonwealth of the 

Northern Mariana Islands are 

Participating Territories. 

This final rule is issued under the 

authority of the WCPFC Implementation 

Act (16 U.S.C. 6901 et seq.), which 

authorizes the Secretary of Commerce, 

in consultation with the Secretary of 

State and the Secretary of the 

Department in which the United States 

Coast Guard is operating (currently the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the 

Commission. The authority to 

promulgate regulations has been 

delegated to NMFS. The preamble to the 

interim final rule provides background 

information on a number of matters, 

including the Convention and the 

Commission, and the basis for the 

regulations, which are not repeated 

here. 

Under the interim final rule, NMFS 

established a process to implement 

short-notice WCPFC decisions requiring 

immediate action that address relevant 

global or regional health, safety, and 

security concerns, as well as other 

international emergencies and crises. 

NMFS used that process to implement 

three short-notice WCPFC decisions 

through temporary specifications that 

waived specific requirements for purse 

seine observer coverage, purse seine atsea transshipment, and at-sea 

transshipment observer requirements. 

NMFS has extended those temporary 

specifications several times, and based 

on the most recent WCPFC decision to 

extend the waivers for purse seine 

observer coverage and at-sea 

transshipment observer coverage, has 

extended those two temporary 

specifications until June 10, 2022 (87 FR 

21812; April 13, 2022). 

Under the process established in the 

interim final rule at 50 CFR 300.228, 

temporary specifications may remain in 

effect for a period less than one year. 

Due to current COVID–19 conditions, 

the Commission has decided to extend 

the WCPFC decisions to waive specific 

requirements for purse seine observer 

coverage and at-sea transshipment 

observer requirements until June 15, 

2022, which is beyond the period of one 

year, and the Commission may issue 

additional extensions of those waivers 

until worldwide COVID–19 conditions 

improve. Thus, NMFS is simultaneously 

issuing a separate interim final rule (RIN 

0648–BL24) to extend the time period in 

which COVID–19 related temporary 

specifications may be effective from less 

than one year to no later than December 

31, 2023, after which date the effective 

period will revert back to less than one 

year. 

The Action 

This final rule makes permanent the 

changes to 50 CFR part 300, subpart O, 

that were made by the interim final rule 

establishing a framework through which 

NMFS may issue temporary 

specifications, each for a period less 

than one year in total, inclusive of all 

extensions, that promptly suspend or 

modify specific existing regulations in 

subpart O. Those regulations were 

detailed in the interim final rule and 

implement the United States’ 

obligations under the Convention and 

WCPFC decisions. 

As appropriate, temporary 

specifications may remain in effect up 

to 30 days after the expiration of the 

underlying WCPFC decision to allow 

NMFS adequate time to issue extensions 

or changes to the temporary 

specification, if needed, without 

unnecessarily exceeding the timeframe 

of the underlying WCPFC decision. 

Any temporary specification issued 

pursuant to this framework will be 

published in the Federal Register and 

will include information regarding the 

basis for the modification or suspension 

(i.e., a description of the WCPFC 

decision), the temporary modifications 

or suspension to the regulations, and the 

duration of the changes. Under the 

framework, NMFS may change 

(including extend, so long as the 

duration of the original temporary 

specification in addition to any 

extension is less than one year) any 

temporary specification by publishing a 

new temporary specification in the 

Federal Register. NMFS may revoke any 

temporary specification by publishing a 

notification in the Federal Register. 

Temporary specifications issued 

under the framework (found at 50 CFR 

300.228, and as affirmed in this final 

rule) shall be limited to the following: 

(1) Modifications or suspensions of 

the purse seine observer coverage 

requirements at 50 CFR 300.223(e), 

including suspensions of some or all of 

the requirements on a fleet-wide or 

individual vessel basis, requiring the 

carrying of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information; 

(2) Modifications or suspensions of 

the regulations at 50 CFR 300.216(b)(1) 

prohibiting at-sea transshipment for 

purse seine vessels, including 

suspensions of some or all of the 

prohibitions, prior notification for an atsea transshipment, and suspension of 

the prohibitions for particular 

transshipments; and 

(3) Modifications or suspensions of 

the regulations at 50 CFR 300.215(d) 

and 50 CFR 300.216(b)(2) regarding atsea transshipment observer 

requirements, including suspensions of 

some or all of the requirements, 

suspension of some or all of the 

requirements for particular 

transshipments, requiring the carrying 

of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information. 

Comments and Responses 

NMFS received one comment letter 

on the interim final rule from the 

American Tunaboat Association (ATA), 

which represents U.S. purse seine 

vessels operating in the Pacific Ocean. 

ATA’s letter contained several discrete 

comments. The comments are 

summarized below, followed by 

responses from NMFS. 

Comment 1: ATA supports the 

interim final rule and appreciates that 

the rule responds in large part to ATA’s 

comments submitted in response to a 

separate NMFS rulemaking that 

addressed observer coverage 

requirements during the COVID–19 

pandemic.1 ATA understands that the 

rule will apply only to suspension of 

WCPFC purse seine observer coverage 

requirements, suspension of the 

prohibition against purse seine 

transshipment at sea, and suspension of 

the at-sea transshipment observer 

coverage requirements. ATA supports 

NMFS’s ability to quickly implement 

short-notice WCPFC decisions on these 

matters to ensure minimal disruption to 


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the operations of the U.S. purse seine 

fleet. 

Response: NMFS acknowledges the 

comment and agrees with ATA’s 

understanding of the rule. 

Comment 2: ATA requests NMFS to 

ensure that its adoption and 

implementation of the interim final rule 

and temporary specifications comply 

with the Administrative Procedure Act’s 

(APA) requirements to provide the 

public with notice and an opportunity 

to comment before adopting a rule, and 

to provide a 30-day delay in the 

effective date of any substantive rule. 

These requirements ensure that 

interested and affected persons have an 

opportunity to alert NMFS to potential 

legal and practical problems arising 

from a rule before it is finalized, and 

allow interested and affected persons to 

adjust behavior before the rule goes into 

effect. According to ATA, NMFS’s 

framework for adopting temporary 

specifications does not include an 

opportunity to comment, does not 

include any delay in the effective date 

of the regulatory change, and does not 

give any indication that NMFS would 

rely on the good cause exceptions in 

Section 553 of the APA to waive those 

provisions. According to ATA, 

providing some delay in the effective 

date and some opportunity to comment 

on the adoption, change, or revocation 

of temporary specifications issued 

under the framework is essential for 

ensuring that ATA members receive 

adequate opportunity to participate in 

the process and for ensuring that NMFS 

implements short-notice Commission 

decisions in the most effective manner 

possible. ATA also stated that providing 

some delay in the effective date and 

some opportunity to comment on the 

adoption, change, or revocation of 

temporary specifications issued under 

the framework could strengthen the 

legal viability of NMFS’s approach. 

ATA states that NMFS should ensure 

that members of the regulated 

community receive a fair opportunity to 

adjust their behavior to comply with the 

adoption, change or revocation of 

temporary specifications. According to 

ATA, making a framework action 

immediately effective could render 

compliance impossible or could be 

extremely costly for ATA members. 

ATA gives the following example. If 

NMFS were to immediately revoke the 

observer waiver specifications during 

the middle of an ATA member’s fishing 

trip, that member would face the threat 

of an enforcement action for any fishing 

done without an observer that occurred 

before the members learned of the 

revocation. If the ATA member had realtime notice of the revocation, that 

member would be forced to immediately 

stop fishing and return to a port where 

an observer could be made available, 

which could cause economic harm. 

ATA suggests that NMFS alter the 

interim final rule so that it provides an 

adequate effective-date delay for those 

actions that would impose new or 

restore preexisting obligations. 

Alternatively, ATA suggests addressing 

the problematic situation in each 

temporary specification. For example, 

for the situation described above 

regarding revocation of the purse seine 

observer waiver, ATA suggested that 

NMFS could clarify in the relevant 

Federal Register publication that the 

revocation would become effective after 

an appropriate number of days or on a 

vessel-by-vessel basis, as each vessel 

commences its first post-revocation 

fishing trip. 

ATA states that NMFS should also 

provide an opportunity for public 

comment on temporary specifications 

before they become final. According to 

ATA, without some opportunity to 

comment on temporary specifications 

before they are finalized and go into 

effect, ATA members may be subject to 

significant sunk costs without any 

process. For example, the framework 

contemplates the potential adoption of a 

temporary specification requiring the 

use of electronic monitoring devices in 

lieu of observers. According to ATA, the 

costs to obtain and install such devices 

would be significant and permanent. If 

video cameras were used, ATA 

members would want to comment on 

how footage could be used and on 

enforcement implications of those uses 

of footage. 

Response: NMFS appreciates ATA’s 

concerns and the suggestions provided. 

The framework process, established at 

50 CFR 300.228, allows NMFS to 

implement short-notice WCPFC 

decisions in an efficient manner, but we 

note that the framework process applies 

only when time is of the essence. Under 

the framework, NMFS may implement 

short-notice WCPFC decisions through 

publication of a notification of a 

temporary specification in the Federal 

Register instead of through changes or 

additions to codified regulations. NMFS 

may also revoke or modify such 

temporary specifications through 

notification in the Federal Register, 

rather than through changes or 

additions to codified regulations. 

However, the new framework process 

does not create a blanket exemption to 

the APA’s section 553 requirements for 

prior notice and opportunity for public 

comment and for the 30-day delay in the 

effective date of a new rule (5 U.S.C. 

553). If NMFS decides to use the 

framework process to publish a 

temporary specification without 

providing prior notice or opportunity 

for public comment or the 30-day delay 

in effective date, NMFS would comply 

with the APA section 553 requirements 

and would only waive those 

requirements when there is justification 

to do so, and would explain the 

reasoning for the waiver(s) in the 

temporary specification. Section 

553(b)(B) identifies those circumstances 

in which the agency may waive 

requirements for prior notice and 

comment: when the agency finds, for 

good cause, that compliance is 

impracticable, unnecessary, or contrary 

to the public interest. Section 553(d) 

identifies those circumstances in which 

the agency may waive the requirement 

for the 30-day delay in the date of 

effectiveness, including when a 

substantive rule grants or recognizes an 

exemption or relieves a restriction, 

when the agency finds good cause, 

which is published with the rule. 

Examples of circumstances that NMFS 

believes may support such waivers 

include emergencies, situations where 

delay may frustrate the accomplishment 

of a statutory purpose, pandemics (such 

as the COVID–19 pandemic), or where 

the public has already been afforded a 

prior opportunity for public comment. 

NMFS evaluates the need for waiver of 

prior notice and opportunity for public 

comment and the need for waiver of the 

30-day delay in the date of effectiveness 

for each temporary specification issued 

under the framework on a case-by-case 

basis. NMFS believes that Section 553 of 

the APA provides adequate safeguards 

to ensure that the concerns raised by 

ATA are addressed. 

Comment 3: ATA states that NMFS 

should clarify the limited scope of the 

interim final rule. According to ATA, 

the preamble for the interim final rule 

contains potentially conflicting 

statements regarding its scope. Based on 

the preamble and regulatory language, 

ATA understands that, through the 

framework process, NMFS can only 

modify or suspend provisions 

concerning requirements contained in 

50 CFR 300.223(e), 50 CFR 300.215(d), 

50 CFR 300.216(b)(1), and 50 CFR 

300.216(b)(2), and that any modification 

or suspensions would be limited to 

implementing short-notice Commission 

decisions, where those decisions 

address relevant global or regional 

health, safety, and security concerns, as 

well as other international emergencies 

and crises. However, according to ATA, 

elsewhere in the preamble, NMFS states 

that the interim final rule establishes a 

framework through which NMFS may 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 34583 

issue temporary specifications that 

suspend or modify all existing 

regulations in 50 CFR part 300, subpart 

O. ATA requests that NMFS confirm 

that the interim final rule is limited to 

implementing Commission decisions 

related to the specific provisions in 50 

CFR part 300 subpart O identified in the 

regulatory text rather than all of 50 CFR 

part 300 subpart O. In addition, ATA 

requests NMFS to clarify if NMFS 

foresees expanding upon the specific 

regulations it can suspend or modify 

using the framework. 

Response: As stated in the preamble 

to the interim final rule, the framework 

has been established to provide NMFS 

with a process for efficiently modifying 

or suspending NMFS regulations in 

response to short-notice WCPFC 

decisions, including intersessional 

decisions that address relevant global or 

regional health, safety, and security 

concerns, as well as other international 

emergencies and crises. This framework 

helps ensure that NMFS regulations 

remain consistent with our international 

obligations, even when those obligations 

may unexpectedly and quickly change 

in response to global events of an 

emergency nature. The purpose of this 

framework is not to implement the great 

majority of WCPFC decisions, which 

NMFS would implement in rules, taking 

into account that those decisions are to 

enter into effect at least 60 days after the 

decision is made, as specified in Article 

20(5) of the Convention. 

As stated above (see the ‘‘The Action’’ 

heading above), and as detailed at 50 

CFR 300.228 (as affirmed in this final 

rule), temporary specifications issued 

under the framework in this final rule) 

are limited to the following types of 

actions: 

(1) Modifications or suspensions of 

the purse seine observer coverage 

requirements at 50 CFR 300.223(e), 

including suspensions of some or all of 

the requirements on a fleet-wide or 

individual vessel basis, requiring the 

carrying of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information; 

(2) Modifications or suspensions of 

the regulations at 50 CFR 300.216(b)(1) 

prohibiting at-sea transshipment for 

purse seine vessels, including 

suspensions of some or all of the 

prohibitions, prior notification for an atsea transshipment, and suspension of 

the prohibitions for particular 

transshipments; and 

(3) Modifications or suspensions of 

the regulations at 50 CFR 300.215(d) 

and 50 CFR 300.216(b)(2) regarding atsea transshipment observer 

requirements, including suspensions of 

some or all of the requirements, 

suspension of some or all of the 

requirements for particular 

transshipments, requiring the carrying 

of observers other than WCPFC 

observers, requirements to carry 

electronic monitoring devices in lieu of 

observers, and requirements to collect 

and submit photographic or written 

information. 

The circumstances in which the 

framework will be used are narrow. Any 

changes to the regulations at 50 CFR 

300.228 would require rulemaking 

action that would be subject to the APA 

requirements. 

Comment 4: ATA requests that NMFS 

confirm that two sources of authority 

presently provide for the waiver of 

observer requirements for the purse 

seine fishery. ATA believes that NMFS’s 

present action properly links the 

duration of the three temporary 

specifications to Commission decisions, 

which have reflected and will reflect the 

realities facing the U.S. purse seine 

fishery for observer coverage issues. 

ATA greatly appreciates NMFS’s effort 

here. That said, ATA requests that 

NMFS provide some additional 

clarification. ATA states that the interim 

final rule is silent on the forwardlooking relationship between the purse 

seine fishery and NMFS’s observerwaiver rule (85 FR 17285; March 27, 

2020) and the extension of that rule (86 

FR 16307; March 29, 2021). ATA 

understands that NMFS now has two 

independent sources of authority by 

which to waive observer requirements 

for the U.S. purse seine fishery—the 

observer-waiver rule (applicable to 

multiple fisheries) issued under the 

emergency authority of 16 U.S.C. 

1855(c), and the interim final rule 

(applicable to the U.S. purse seine 

fishery) issued pursuant to the WCPFC 

Implementation Act. Based on this, 

ATA also understands that its members 

may presently have two current sources 

of authorization for the waiver of 

observer requirements. It would be 

helpful if NMFS would confirm whether 

ATA’s understanding on these two 

points is accurate. 

Response: As noted by the 

commenter, NMFS uses the framework 

process at 50 CFR 300.228 to implement 

short-notice WCPFC decisions regarding 

the waiver of U.S. purse seine observer 

coverage requirements in response to 

the COVID–19 pandemic. The NMFS 

observer-waiver rule referenced by the 

commenter was effective only until 

March 26, 2022 (see 86 FR 16307). 

No changes from the interim final rule 

have been made in this final rule. 

Classification 

The Administrator, Pacific Islands 

Region, NMFS, has determined that this 

final rule is consistent with the WCPFC 

Implementation Act and other 

applicable laws. 

Executive Order 12866 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Regulatory Flexibility Act 

As stated in the interim final rule, 

because prior notice and opportunity for 

public comment were not required for 

the interim final 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. Therefore, no regulatory 

flexibility analysis was required and 

none has been prepared. Prior notice 

and opportunity for public comment 

were not required because there was 

good cause under 5 U.S.C. 553(b)(B) to 

waive prior notice and the opportunity 

for public comment on the interim final 

rule and temporary measures. Prior 

notice and the opportunity for public 

comment would have been contrary to 

the public interest. When the interim 

final rule was issued, three short-notice 

WCPFC decisions needing immediate 

implementation had already gone into 

effect and NMFS was implementing 

those three decisions through the 

framework process established under 

the interim final rule. In addition, 

NMFS believed it was likely that the 

WCPFC would agree upon additional 

short-notice decisions, which address 

relevant global or regional health, safety, 

and security concerns, as well as other 

international emergencies and crises, in 

the near future. The process established 

under the interim final rule provided 

NMFS with the ability to carry out the 

obligations of the United States under 

the Convention, including promptly 

implementing the short-notice decisions 

of the Commission. NMFS stated that it 

would consider and respond to public 

comments received on the interim final 

rule, which it has done here. 

For the reasons articulated above, 

NMFS also found good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effective dates for the interim 

final rule and the temporary measures. 

Paperwork Reduction Act 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Accordingly, this final rule affirms 

(without change) the regulatory text of 

the interim final rule that amended 50 


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34584 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Rules and Regulations 

CFR part 300 and that was published at 

86 FR 31178 on June 11, 2021. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: June 1, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–12114 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220527–0125] 

RIN 0648–BL24 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Extension of Period 

To Implement Decisions of the 

Western and Central Pacific Fisheries 

Commission Related to the COVID–19 

Pandemic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; temporary 

specifications; request for comments. 

SUMMARY: In response to the ongoing 

COVID–19 pandemic, this interim final 

rule extends the time period that 

temporary specifications issued to 

implement certain short-notice 

decisions of the Commission on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Commission or WCPFC) may remain in 

effect. This action also extends 

temporary specifications to implement 

two short-notice WCPFC decisions. 

NMFS is undertaking this action under 

the authority of the Western and Central 

Pacific Fisheries Convention 

Implementation Act (WCPFC 

Implementation Act) to satisfy the 

obligations of the United States as a 

Contracting Party to the Convention on 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention). NMFS seeks comments on 

this interim final rule and will respond 

to those comments in a subsequent final 

rule. 

DATES: This interim final rule is 

effective on June 7, 2022. Temporary 

specifications are effective on June 7, 

2022 until July 15, 2022. Comments on 

the interim final rule must be submitted 

in writing by July 7, 2022. 

ADDRESSES: You may submit comments 

on the interim final rule, identified by 

NOAA–NMFS–2022–0052, and the 

regulatory impact review (RIR) prepared 

for the interim final rule, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0052 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS, Pacific Islands 

Regional Office (PIRO), 1845 Wasp 

Blvd., Building 176, Honolulu, HI 

96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, might not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name and address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Copies of the RIR are available at 

www.regulations.gov or may be obtained 

from Michael D. Tosatto, Regional 

Administrator, NMFS PIRO (see address 

above). 

FOR FURTHER INFORMATION CONTACT: Rini 

Ghosh, NMFS PIRO, 808–725–5033. 

SUPPLEMENTARY INFORMATION: 

Background on the Convention 

The Convention is concerned with the 

conservation and management of highly 

migratory fish stocks (HMS) and the 

management of fisheries for HMS. The 

objective of the Convention is to ensure, 

through effective management, the longterm conservation and sustainable use 

of HMS in the western and central 

Pacific Ocean (WCPO). To accomplish 

this objective, the Convention 

established the Commission, which 

includes Members, Cooperating Nonmembers, and Participating Territories 

(collectively referred to here as 

‘‘members’’). The United States of 

America is a Member. American Samoa, 

Guam, and the Commonwealth of the 

Northern Mariana Islands are 

Participating Territories. 

As a Contracting Party to the 

Convention and a Member of the 

Commission, the United States 

implements, as appropriate, 

conservation and management measures 

adopted by the Commission and other 

decisions of the Commission. The 

WCPFC Implementation Act (16 U.S.C. 

6901 et seq.), authorizes the Secretary of 

Commerce, in consultation with the 

Secretary of State and the Secretary of 

the Department in which the United 

States Coast Guard is operating (the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the 

Commission. The WCPFC 

Implementation Act further provides 

that the Secretary of Commerce shall 

ensure consistency, to the extent 

practicable, of fishery management 

programs administered under the 

WCPFC Implementation Act and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA; 16 U.S.C. 1801 et seq.), as well 

as other specific laws (see 16 U.S.C. 

6905(b)). The Secretary of Commerce 

has delegated the authority to 

promulgate regulations under the 

WCPFC Implementation Act to NMFS. 

A map showing the boundaries of the 

area of application of the Convention 

(Convention Area), which comprises the 

majority of the WCPO, can be found on 

the WCPFC website at: www.wcpfc.int/ 

doc/convention-area-map. 

Background on WCPFC Decisions in 

Response to the COVID–19 Pandemic 

On April 8, 2020, in response to the 

international concerns over the health of 

observers and vessel crews due to 

COVID–19, the Commission made an 

intersessional decision to suspend the 

requirements for observer coverage on 

purse seine vessels on fishing trips in 

the Convention Area through May 31, 

2020. The Commission subsequently 

extended that decision several times, 

and the current extension is effective 

until June 15, 2022. 

On April 20, 2020, in response to the 

international concerns over the health of 

vessel crews and port officials due to 

COVID–19, the Commission made an 

intersessional decision to modify the atsea transshipment prohibition for purse 

seine vessels as follows—purse seine 

vessels can conduct at-sea 

transshipment in an area under the 

jurisdiction of a port State, if 

transshipment in port cannot be 

conducted, in accordance with the 

domestic laws and regulations of the 

port State. The Commission 

subsequently extended that decision 


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