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DOC/NOAA RIN: 0648-AX27 Publication ID: Spring 2009 
Title: ●Taking and Importing of Marine Mammals; Small Takes of Marine Mammals Incidental to Specified Activities; Consolidation of Regulations 
Abstract: The Office of Protected Resources proposes to simplify the National Marine Fisheries Service’s (NMFS) Code of Federal Regulations (CFR) by issuing an administrative final rule to redesignate regulations governing the small take of marine mammals, incidental to conducting specified activities (other than commercial fishing) in the marine environment. This administrative final rule amends the CFR by transferring regulations in subparts I through W of part 216 to subparts A through O of a new part 217 of chapter II of title 50 of the CFR. This final rule also redesignates each of the regulations in part 216 (subparts I through W) as subparts A through O in part 217. The purpose of this administrative final rule is to make the regulations better organized and easier for the public to use. This transfer will have the effect of simplifying the organization and numbering of procedural regulations in part 216. Given the nature of the changes (i.e., nonsubstantive changes to existing regulations), it is unnecessary to provide prior notice and opportunity for public comment on this rule pursuant to regulations in the Administrative Procedure Act (APA; 5 U.S.C. 551 et seq.,). These changes are not expected to be controversial nor expose NOAA to litigation risk. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216    50 CFR 217   
Legal Authority: 16 USC 1361   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov