Justia Regulation Tracker

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[Federal Register: April 9, 2008 (Volume 73, Number 69)]
[Rules and Regulations]               
[Page 19171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap08-9]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 080103017-8466-02]
RIN 0648-AS01

 
Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations; 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This document contains a correction to the final rule to amend 
the regulations implementing the Atlantic Large Whale Take Reduction 
Plan (ALWTRP) that was published in the Federal Register, Friday, 
October 5, 2007.

DATES: This correction is effective October 5, 2008.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast 
Region, 978-281-9300 Ext. 6503, diane.borggaard@noaa.gov; Kristy Long, 
NMFS, Office of Protected Resources, 301-713-2322, 
kristy.long@noaa.gov.

SUPPLEMENTARY INFORMATION: The final rule that is the subject of this 
correction was published Friday, October 5, 2007 (72 FR 57104). That 
final rule contains inadvertent errors concerning the effective dates 
of the rule in both the preamble and regulatory text.
    This rule provides clarification regarding the effective date for 
the majority of the provisions of the October 5, 2007 final rule. The 
DATES section in the preamble and the regulatory text clearly reflect 
NMFS' intent for the majority of the provisions in the rule to become 
effective on April 5, 2008. However, the discussion in the preamble 
inadvertently referenced an incorrect date, April 7, 2008, for the 
majority of the provisions. NMFS is clarifying that the correct 
effective date for the majority of the provisions of the ALWTRP rule is 
April 5, 2008, as clearly stated in the DATES section and the 
regulatory text.
    In addition, this rule corrects the effective date for certain 
paragraphs of Sec.  229.32. Due to an inadvertent error, both the 
preamble and regulatory text incorrectly indicate that the effective 
date for those paragraphs is October 6, 2008. This rule corrects the 
preamble and regulatory text of Sec.  229.32 to correct this error. The 
correct effective date for the regulatory text in Sec.  229.32 
paragraphs (c)(5)(ii)(B), (c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B), 
(c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D) and (i)(3), is October 5, 
2008. All other information remains unchanged and will not be repeated 
in this correction.
    E.O. 12866: This final rule has been determined to be not 
significant under EO 12866.
    Administrative Procedure Act: The AA finds good cause under 5 
U.S.C. 553(b)(B) to waive notice and opportunity for public comments as 
it is unnecessary and contrary to the public interest. In the October 
5, 2007, final rule, the DATES section correctly reflected the intended 
effective dates of certain paragraphs of Sec.  229.32. However, due to 
an inadvertent error, part of the preamble and the regulatory text did 
not reflect the same effective dates as published in the DATES section. 
This rule clarifies the discussion in the October 5, 2007 preamble and 
corrects the regulatory text to reflect the correct effective dates for 
Sec.  229.32. If this rule were subject to notice and opportunity to 
comment, the provisions published in the October 5, 2007, final rule 
would go into effect on the incorrect date. In order to avoid confusion 
with regard to the effective dates of the relevant provisions, the AA 
waives the rulemaking requirements for this rule.

Correction

    The following are corrections to FR Doc. 07-4904, October 5, 2007:
    1. On page 57185, in the first column, in Sec.  
229.32(c)(5)(ii)(B), ``October 6, 2008'' should read ``October 5, 
2008''.
    2. On page 57185, in the third column, in Sec.  
229.32(c)(6)(ii)(B), ``October 6, 2008'' should read ``October 5, 
2008''.
    3. On page 57186, in the first column, in Sec.  
229.32(c)(7)(ii)(C), ``October 6, 2008'' should read ``October 5, 
2008''.
    4. On page 57186, in the second column, in Sec.  
229.32(c)(8)(ii)(B), ``October 6, 2008'' should read ``October 5, 
2008''.
    5. On page 57187, in the first column, in Sec.  
229.32(c)(9)(ii)(B), ``October 6, 2008'' should read ``October 5, 
2008''.
    6. On page 57189, in the first column, in Sec.  
229.32(d)(6)(ii)(D), ``October 6, 2008'' should read ``October 5, 
2008''.
    7. On page 57190, in the first column, in Sec.  
229.32(d)(7)(ii)(D), ``October 6, 2008'' should read ``October 5, 
2008''.
    8. On page 57193, in the second column, in Sec.  229.32(i)(3), 
``October 6, 2008'' should read ``October 5, 2008''.

    Authority: 16 U.S.C. 1361 et seq.; Sec.  229.32(f) also issued 
under 16 U.S.C. 1531 et seq.

    Dated: April 4, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-1116 Filed 4-4-08; 2:17 pm]

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