Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 9; Correction, 44171-44172 [E8-17468]

Download as PDF Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations these collections of information, including the time for gathering and maintaining the collection of information, is estimated to be: 5,045 respondents, a total annual hourly burden of 27,412 hours, and $0 in total annual costs. Under 5 CFR 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act, which does not display a current, valid OMB Control Number. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E8–17348 Filed 7–29–08; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 385 and 395 [Docket No. FMCSA–2004–19608] RIN 2126–AB14 Hours of Service of Drivers; Availability of Supplemental Documents Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of availability of supplemental documents. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: This notice advises the public that FMCSA is placing in the public docket four additional documents concerning hours of service (HOS) for commercial motor vehicle drivers. FMCSA published an interim final rule (IFR) on this issue on December 17, 2007. The Agency now dockets the supplemental documents. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations. Telephone (202) 366–4325 or E-mail MCPSD@dot.gov. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: On August 25, 2005, FMCSA published a final HOS rule (‘‘2005 rule’’) (70 FR 49978). On July 24, 2007, the D.C. Circuit Court vacated the 11-hour driving time and VerDate Aug<31>2005 16:51 Jul 29, 2008 Jkt 214001 34-hour restart provisions of the 2005 rule (Owner-Operator Independent Drivers Association, Inc. v. Federal Motor Carrier Safety Administration, 494 F.3d 188 (D.C. Cir. 2007)). In response to the D.C. Circuit Court decision, FMCSA published an interim final rule (IFR) on December 17, 2007 (72 FR 71247) that reinstated the two provisions vacated by the Court and sought further comments on those provisions. For a full background on this rulemaking, please see the preamble to the December 2007 HOS IFR. The docket for this rulemaking (FMCSA– 2004–19608) contains all of the background information for this rulemaking, including comments. This notice calls attention to four additional supplemental documents. FMCSA places the following four electronic files in the docket at FMCSA– 2004–19608–3488: • ‘‘HOS Model Description and Guide.doc’’ (149 kilobytes) A description of the FMCSA HOS Simulation Computer Model and instructions for its use. • ‘‘HOS Simulation Model Sleeper.xls’’ (34 megabytes (MB)) An FMCSA HOS Simulation Computer Model including sleeper-berth use. • ‘‘HOS Simulation Model No Sleeper.xls’’ (33 MB) An FMCSA HOS Simulation Computer Model excluding sleeper-berth use. • ‘‘HOS Simulation Model Outputs.xls’’ (6.4 MB) A subset of outputs from the FMCSA HOS Simulation Computer Model, showing details of calculations as used in the 2007 Regulatory Impact Analysis in Docket Item FMCSA–2004–19608– 2529.’’ The HOS Computer Simulation Program is a complex FMCSA computer model simulating the movements of a single vehicle (with one or two drivers and in different scenarios) operated in compliance with the FMCSA HOS regulations. This model was used in the 2007 Regulatory Impact Analysis and is Docket Item FMCSA–2004–19608–2529. The HOS requirements may be modified by the simulation program user, allowing the model to analyze various types of HOS options to show the marginal impact on driver productivity, which could be translated into cost effects. The computer model uses the Visual Basic programming language to operate a macro-driven Microsoft Excel(TM) spreadsheet. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 44171 Issued on: July 23, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–17409 Filed 7–29–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070717340–8451–02] RIN 0648–AP60 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 9; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: SUMMARY: On July 1, 2008, a final rule to implement Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) was published in the Federal Register. The final rule was published with one error. Instead of revising the introductory text for the regulations describing squid and butterfish moratorium permits, the amendatory instructions of the final rule inadvertently revised the entire section. This document corrects that error. DATES: Effective July 31, 2008. FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy Analyst, (978) 281–9272, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Background On July 1, 2008 (73 FR 37382 ), a final rule was published implementing Amendment 9 to the MSB FMP (Amendment 9). Amendment 9 established multi-year specifications for all four species managed under the FMP (mackerel, butterfish, Illex squid, and Loligo squid) for up to 3 years; extended the moratorium on entry into the Illex squid fishery, without a sunset provision; adopted biological reference points recommended by the Stock Assessment Review Committee for Loligo squid; designated essential fish habitat (EFH) for Loligo squid eggs based on best available scientific information; and prohibited bottom trawling by MSBpermitted vessels in Lydonia and Oceanographer Canyons. The E:\FR\FM\30JYR1.SGM 30JYR1 44172 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations amendatory instructions for the final rule implementing Amendment 9 contained an error. Instead of revising the introductory text for the regulations describing squid and butterfish moratorium permits, the amendatory instructions for the final rule inadvertently revised the entire section. This document corrects this error. Correction Accordingly, the final rule, published on July 1, 2008, at 73 FR 37382, to be effective July 31, 2008, is corrected as follows: 1. On page 37388, in column 1, correct the second amendatory instruction to read: ‘‘2. In § 648.4, the introductory text for paragraph (a)(5)(i) is revised to read as follows:’’ Dated: July 25, 2008. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E8–17468 Filed 7–29–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XJ35 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Trawl Catcher Vessels Participating in the Rockfish Entry Level Fishery in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of Pacific ocean perch allocated to trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 27, 2008, through 1200 hrs, A.l.t., September 1, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. VerDate Aug<31>2005 16:51 Jul 29, 2008 Jkt 214001 NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In accordance with § 679.83(a)(1)(i), allocations of entry level rockfish to trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area are first made from the Pacific ocean perch TAC. NMFS has determined that the 2008 TAC of Pacific ocean perch allocated to the entry level fishery meets or exceeds the total allocation of rockfish allowable for the trawl catcher vessels. Therefore, the 2008 TAC of Pacific ocean perch allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area is 345 mt as established by the 2008 and 2009 final harvest specifications for groundfish in the GOA (73 FR 10562, February 27, 2008), and as posted as the 2008 Rockfish Program Allocations at https://www.fakr.noaa.gov/ sustainablefisheries/goarat/default.htm. In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 TAC of Pacific ocean perch allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 345 mt, and is setting aside the remaining 0 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. SUPPLEMENTARY INFORMATION: Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 24, 2008. The AA also finds good cause to waive the 30–day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.83 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 25, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1474 Filed 7–25–08; 2:33 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106671–8010–02] RIN 0648–XJ36 Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for northern rockfish by catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of northern E:\FR\FM\30JYR1.SGM 30JYR1

Agencies

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Rules and Regulations]
[Pages 44171-44172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17468]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070717340-8451-02]
RIN 0648-AP60


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 9; Correction

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

ACTION:  Final rule; correction.

-----------------------------------------------------------------------

SUMMARY:  On July 1, 2008, a final rule to implement Amendment 9 to the 
Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan 
(FMP) was published in the Federal Register. The final rule was 
published with one error. Instead of revising the introductory text for 
the regulations describing squid and butterfish moratorium permits, the 
amendatory instructions of the final rule inadvertently revised the 
entire section. This document corrects that error.

DATES:  Effective July 31, 2008.

FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy 
Analyst, (978) 281-9272, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2008 (73 FR 37382 ), a final rule was published 
implementing Amendment 9 to the MSB FMP (Amendment 9). Amendment 9 
established multi-year specifications for all four species managed 
under the FMP (mackerel, butterfish, Illex squid, and Loligo squid) for 
up to 3 years; extended the moratorium on entry into the Illex squid 
fishery, without a sunset provision; adopted biological reference 
points recommended by the Stock Assessment Review Committee for Loligo 
squid; designated essential fish habitat (EFH) for Loligo squid eggs 
based on best available scientific information; and prohibited bottom 
trawling by MSB-permitted vessels in Lydonia and Oceanographer Canyons. 
The

[[Page 44172]]

amendatory instructions for the final rule implementing Amendment 9 
contained an error. Instead of revising the introductory text for the 
regulations describing squid and butterfish moratorium permits, the 
amendatory instructions for the final rule inadvertently revised the 
entire section. This document corrects this error.

Correction

    Accordingly, the final rule, published on July 1, 2008, at 73 FR 
37382, to be effective July 31, 2008, is corrected as follows:
    1. On page 37388, in column 1, correct the second amendatory 
instruction to read: ``2. In Sec.  648.4, the introductory text for 
paragraph (a)(5)(i) is revised to read as follows:''

    Dated: July 25, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-17468 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-22-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.