Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Oregon Chub (Oregonichthys crameri); Correction, 18107-18110 [2010-7951]
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
Public benefit. Does the project meet
the stated goals in shifting specific
numbers of vehicles (number of trucks,
rail cars or automobiles) off the
designated landside routes? Other
public benefits, including energy
savings, reduced emissions, and safety
improvements will be assumed to be a
direct derivative of either numbers of
vehicles shifted, or vehicle/ton miles
avoided, unless specific factors change
(such as a change in vessel fuel or
emissions).
Public cost. Is the overall cost to the
Federal government (if any) on track
with estimates at the time of
designation? The overall cost to the
Federal government represents the
amount of Federal investment (i.e.
direct funding, loan guarantees or
similar mechanisms) reduced by the
offsetting savings the project represents
(road/bridge wear and tear avoided,
infrastructure construction or expansion
deferred).
Timeliness factor. Is the project on
track for the point at which the
enterprise is projected to attain selfsufficiency? For example, if the project
was anticipated to attain self-sufficiency
after 36 months of operation, is it on
track at the point of evaluation to meet
that objective? This can be determined
by assessing revenues, freight and
passenger trends, expenses and other
factors established in the application
review process.
srobinson on DSKHWCL6B1PROD with RULES
§ 393.5. Incentives, Impediments and
Solutions.
(a) Summary. The purpose of this
section is to identify short term
incentives and solutions to
impediments in order to encourage use
of the Marine Highway for freight and
passengers.
(b) Objectives. This section is aimed at
increasing the use of the Marine
Highways through the following
primary objectives:
(1) Encourage the integration of
Marine Highways in transportation
plans at the State, regional, local and
Tribal levels.
(2) Develop short term incentives
aimed at expanding existing or starting
new Marine Highway operations.
(3) Identify and seek solutions to
impediments to the Marine Highway.
(c) Federal, State, Local, Regional and
Tribal Transportation Planning. The
Department will coordinate with
Federal, State, local and Tribal
governments and Metropolitan Planning
Organizations to develop strategies to
encourage the use of America’s Marine
Highways for transportation of
passengers and cargo. The Department
will:
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(1) Work with these entities to assess
plans and develop strategies, where
appropriate, to incorporate Marine
Highway transportation, including
ferries, and other marine transportation
solutions for regional and interstate
transport of freight and passengers in
their statewide and metropolitan
transportation plans.
(2) Facilitate groups of States and
multi-State transportation entities to
determine how Marine Highway
transportation can address traffic delays,
bottlenecks, and other interstate
transportation challenges to their
mutual benefit.
(3) Identify other Federal agencies
that have jurisdiction over the project,
or which currently provide funding for
components of the project, in order to
determine the extent to which those
agencies should be consulted with and
invited to assist in the coordination
process.
(4) Consult with Federal Highway
Administration, Federal Motor Carrier
Safety Administration, Federal Railroad
Administration, Federal Transit
Administration and other entities
within DOT, as appropriate, for support
and to evaluate costs and benefits of
proposed Marine Highway Corridors
and Projects.
(d) Short-Term Incentives. The
Department will develop proposed
short-term incentives to encourage the
use, initiation, or expansion of Marine
Highway services in consultation with
shippers and other participants in
transportation logistics, and government
entities, as appropriate.
(e) Impediments and Solutions. The
Department will either establish a
board, or modify an existing body, in
accordance with the Federal Advisory
Committee Act (FACA), whose role is to
identify impediments that hinder
effective use of the Marine Highways
and recommend solutions. The Board
will meet regularly and report its
findings and recommended solutions to
the Maritime Administrator. Board
membership will include, among others,
representation by Federal Departments
and Agencies, State Departments of
Transportation, Metropolitan Planning
Organizations and other local public
entities including Tribal governments
and private sector stakeholders. The
Department will take actions, as
appropriate, to address impediments to
the Marine Highways.
§ 393.6. Research on Marine Highway
Transportation.
(a) Summary. The Department will
work in consultation with the
Environmental Protection Agency and
other entities as appropriate, within the
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18107
limits of available resources, to conduct
research in support of America’s Marine
Highway or in direct support of
designated Marine Highway Corridors
and Projects.
(b) Objectives. The primary objectives
of selected research Projects are to:
(1) Identify and quantify
environmental and transportationrelated benefits that can be derived from
utilization of the Marine Highways as
compared to other modes of surface
transportation.
(2) Identify existing or emerging
technology, vessel design, and other
improvements that would reduce
emissions, increase fuel economy, and
lower costs of Marine Highway
transportation and increase the
efficiency of intermodal transfers.
Dated: April 1, 2010.
By Order of the Administrator.
Julie P. Agarwal,
Acting Secretary, Maritime Administration.
[FR Doc. 2010–7899 Filed 4–7–10; 11:15 am]
BILLING CODE 4910–81–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2009–0010; MO
92210–0–0009–B4]
RIN 1018–AV87
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Oregon Chub
(Oregonichthys crameri); Correction
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), published a
final rule to designate critical habitat for
the Oregon chub (Oregonichthys
crameri) under the Endangered Species
Act of 1973, as amended (Act), on
March 10, 2010. We are publishing
several corrections to that final rule in
this document.
DATES: This rule is effective April 9,
2010.
ADDRESSES: Our final rule and
associated documentation are available
at https://regulations.gov at Docket No.
FWS–R1–ES–2009–0010 and, by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Oregon Fish and Wildlife
Office, 2600 SE. 98th Ave., Portland, OR
97266; telephone 503–231–6179;
facsimile 503–231–6195.
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Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT: Paul
Henson, State Supervisor, U.S. Fish and
Wildlife Service, Oregon Fish and
Wildlife Office (see ADDRESSES). If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
srobinson on DSKHWCL6B1PROD with RULES
Our March 10, 2010, final rule (75 FR
11010) to designate critical habitat for
the Oregon chub contained
typographical errors in the preamble
and the regulatory text, which we
explain and correct in this document.
For the complete final rule as published,
see our March 10, 2010, publication (75
FR 11010). For a more complete
discussion of the ecology and life
history of the species, please see our
March 10, 2009, proposed rule (74 FR
10412), and the Oregon Chub 5-year
Review Summary and Evaluation of
February 11, 2008, which is available at
https://ecos.fws.gov/docs/
five_year_review/doc1859.pdf.
Because of coding errors in our March
10, 2010, final rule (75 FR 11010),
temperatures and numbers for
‘‘maximum water depth’’ and ‘‘average
water depth’’ were rendered incorrect or
impossible to read in several places. We
correct them in this document.
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Administrative Procedure Act
We find good cause to waive notice
and comment on this correction, under
5 U.S.C. 533(b)(3)(B), and the 30-day
delay in effective date under 5 U.S.C.
553(d). Notice and comment are
unnecessary because this correction is a
minor, technical correction. The
substance of the regulations remains
unchanged. Therefore, this correction is
being published as a final rule and is
effective on the date under DATES.
Corrections to Preamble
The second sentence in the first
paragraph under the heading
‘‘Distribution and Habitat’’ (near top of
page 11011, first column) is revised to
read as follows:
The species’ aquatic habitat is typically at
depths of less than or equal to 2 meters (m)
(6.6 feet (ft)), and has a summer subsurface
water temperature exceeding 15 °Celsius (°C)
(61 °Fahrenheit (°F)) (Scheerer and Apke
1997, p. 45; Scheerer 2002, p. 1073; Scheerer
and McDonald 2003, p. 69).
The second paragraph under the
heading ‘‘Food, Water, Air, Light,
Minerals, or Other Requirements’’ (page
11016, third column) is revised to read
as follows:
With respect to water quality, the
temperature regime at a site may determine
the productivity of Oregon chub at that
location. Spawning activity for the species
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Fmt 4700
Sfmt 4725
has been observed from May through early
August when subsurface water temperatures
exceed 15 °C (59 °F) or 16 °C (61 °F)
(Scheerer and Apke 1997, p. 22; Markle et al.
1991, p. 288; Scheerer and MacDonald 2003,
p. 78). The species will display normal lifehistory behavior at temperatures between
approximately 15 and 25 °C (59 and 77 °F).
The upper lethal temperature for the fish was
determined to be 31 °C (88 °F) in laboratory
studies (Scheerer and Apke 1997, p. 22).
The third sentence in the first
paragraph under the heading ‘‘Sites for
Breeding, Reproduction, and Rearing (or
Development) of Offspring’’ (page 11017,
center column) is revised to read as
follows:
Oregon chub spawn from April through
September, when temperatures exceed 15 °C
(59 °F), with peak activity in July.
Under the header ‘‘Primary
Constituent Elements (PCEs) for the
Oregon Chub,’’ number 3 in the list
(page 11018, center column) is revised
to read as follows:
3. Late spring and summer subsurface
water temperatures between 15 and 25 °C (59
and 78 °F), with natural diurnal and seasonal
variation.
Under the header ‘‘Final Critical
Habitat Designation,’’ we make the
following corrections to the text of each
of the individual units:
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18108
Correction to Regulatory Text
In our rule FR Doc. 2010–4654, as
published at March 10, 2010 (75 FR
11010), there is one error in the
regulatory text.
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17:01 Apr 08, 2010
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Other than this one correction to the
final rule’s regulatory text, all
amendatory instructions and
amendatory language stand.
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§ 17.95
[Corrected]
1. On page 11032, in the third column,
revise § 17.95 under paragraph (e),
under the entry for ‘‘Oregon Chub
(Oregonichthys crameri)’’, paragraph
(2)(iii), to read as follows:
■
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BILLING CODE 4310–55–C
18109
ER09AP10.001</GPH>
srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
18110
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Rules and Regulations
(iii) Late spring and summer subsurface
water temperatures between 15 and 25 °C (59
and 78 °F), with natural diurnal and seasonal
variation.
Dated: April 2, 2010.
Sara Prigan,
Federal Register Liaison, U.S. Fish and
Wildlife Service.
[FR Doc. 2010–7951 Filed 4–8–10; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 0907141130–0112–02]
RIN 0648–AX80
Antarctic Marine Living Resources;
Use of Centralized-Vessel Monitoring
System and Importation of Toothfish;
Re-export and Export of Toothfish;
Applications for Krill Fishing;
Regulatory Framework for Annual
Conservation Measures
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS (on behalf of the
Secretary of Commerce) issues this final
rule to facilitate conservation and
management of Antarctic Marine Living
Resources (AMLR). The regulations:
further detail current U.S. requirements
to only allow importation and/or reexportation of frozen toothfish or
toothfish product with verifiable
documentation that the harvesting
vessel participated in the CentralizedVessel Monitoring System (C-VMS)
regardless of where the fish was
harvested; revise the NMFS catchdocumentation requirements for reexporting toothfish and add
requirements for exporting U.S.-caught
toothfish; require applicants for an
AMLR harvesting permit for krill to
apply to NMFS no later than June 1
preceding the harvesting season for
krill; and rescind the existing regulatory
framework for annual management
measures. The intent of the rule is to
further detail requirements for
importing and re-exporting toothfish, to
facilitate enforcement, to fulfill U.S.
obligations in the Commission on the
Conservation of Antarctic Marine Living
Resources (CCAMLR), and to simplify
the process for informing the public of
annual conservation measures.
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DATES: This final rule is effective May
10, 2010.
ADDRESSES: Alan Risenhoover, Director,
NMFS Office of Sustainable Fisheries,
Attn: CCAMLR Rulemaking, 1315 EastWest Highway, SSMC3, Silver Spring,
MD 20910.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to Alan Risenhoover
at the address specified above and also
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
Washington, DC 20503 (Attention:
NOAA Desk Officer) or e-mail to
DavidlRostker@ob.eop.gov, or fax to
(202) 395–7825.
This Federal Register document is
also accessible via the Internet at: https://
www.access.gpo.gov/su-docs/aces/
aces140.html.
FOR FURTHER INFORMATION CONTACT:
Robert Gorrell at 301–713–2341 or via email at robert.gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published the proposed rule for this
action in the Federal Register on
November 27, 2009 (74 FR 62278), with
a public comment period through
December 28, 2009. NMFS received
only one comment and it was outside
the scope of the rulemaking. Because no
substantive comments on the proposed
rule were received and because no new
information dictates otherwise, no
changes have been made to the
regulatory text published in the
proposed rule.
Background
U.S. participation in Antarctic
fisheries, and in the trade of species
managed by the Commission for the
Conservation of Antarctic Marine Living
Resources (CCAMLR), is managed under
the authority of the Antarctic Marine
Living Resources Convention Act of
1984 (Act) codified at 16 U.S.C. 2431 et
seq. NMFS implements conservation
measures developed by CCAMLR and
adopted by the United States, through
regulations at 50 CFR part 300, subpart
G. Changes to the existing regulations
are necessary to facilitate compliance, to
incorporate new conservation measures,
to facilitate enforcement of new and
existing conservation measures, and to
simplify the process for informing the
public of annual conservation measures.
This final rule further details current
U.S. requirements to only allow
importation and/or re-exportation of
frozen toothfish or toothfish product
with verifiable documentation that the
harvesting vessel participated in the
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Frm 00064
Fmt 4700
Sfmt 4700
Centralized-Vessel Monitoring System
(C-VMS) regardless of where the fish
was harvested. This final rule also
revises the NMFS catch-documentation
requirements for re-exporting toothfish
and adds requirements for exporting
U.S.-caught toothfish. In addition, this
final rule requires applicants for an
AMLR harvesting permit for krill to
apply to NMFS no later than June 1
preceding the harvesting season for
krill. Lastly, this final rule rescinds the
existing regulatory framework for
annual management measures. Some
discussion of these measures appears
below, but for a more detailed
discussion of these measures, please see
the preamble to the proposed rule
published on November 27, 2009 (74 FR
62278).
Importing and/or Re-exporting
Toothfish
This final rule does not change
current requirements for U.S. vessels
harvesting AMLR to use real-time
centralized VMS (or C-VMS) and for
dealers seeking preapproval to import
toothfish into the United States to
submit to NMFS verifiable
documentation of C-VMS use. NMFS
will use the information submitted by
dealers seeking to import frozen
Dissostichus spp. into the U.S. market to
verify that the harvesting vessel was
reporting its positions, via real-time
centralized VMS (or C-VMS), from the
time the vessel left port to the time that
the vessel returned to port and at all
points in between (i.e., port-to-port).
This final rule adds definitions for
‘‘Centralized Vessel Monitoring System
(C-VMS)’’, ‘‘port-to-port’’, and ‘‘real-time’’
and further details the U.S. requirement
that importation, re-exportation, and/or
exportation of frozen toothfish is
allowed only with verifiable
documentation that the harvesting
vessel participated in real-time C-VMS
port-to-port. Shipments of frozen
Dissostichus spp. are required to have
such verifiable documentation except
where the Dissostichus spp. being
shipped was harvested during a fishing
trip that began prior to September 24,
2007.
Also, the existing definition of ‘‘Vessel
Monitoring System (VMS)’’ is revised to
clarify that the VMS system that uses a
mobile transceiver unit on board
foreign-flagged vessels does not need to
be approved by NMFS. Similarly, the
heading for existing § 300.116
‘‘Requirements for a vessel monitoring
system’’ is revised to read
‘‘Requirements for a vessel monitoring
system for U.S. vessels’’.
This final rule revises the catchdocumentation requirements for re-
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]]>Agencies
[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18107-18110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7951]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2009-0010; MO 92210-0-0009-B4]
RIN 1018-AV87
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Oregon Chub (Oregonichthys crameri); Correction
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), published a
final rule to designate critical habitat for the Oregon chub
(Oregonichthys crameri) under the Endangered Species Act of 1973, as
amended (Act), on March 10, 2010. We are publishing several corrections
to that final rule in this document.
DATES: This rule is effective April 9, 2010.
ADDRESSES: Our final rule and associated documentation are available at
https://regulations.gov at Docket No. FWS-R1-ES-2009-0010 and, by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE. 98th Ave.,
Portland, OR 97266; telephone 503-231-6179; facsimile 503-231-6195.
[[Page 18108]]
FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office (see
ADDRESSES). If you use a telecommunications device for the deaf (TDD),
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Our March 10, 2010, final rule (75 FR 11010) to designate critical
habitat for the Oregon chub contained typographical errors in the
preamble and the regulatory text, which we explain and correct in this
document. For the complete final rule as published, see our March 10,
2010, publication (75 FR 11010). For a more complete discussion of the
ecology and life history of the species, please see our March 10, 2009,
proposed rule (74 FR 10412), and the Oregon Chub 5-year Review Summary
and Evaluation of February 11, 2008, which is available at https://ecos.fws.gov/docs/five_year_review/doc1859.pdf.
Because of coding errors in our March 10, 2010, final rule (75 FR
11010), temperatures and numbers for ``maximum water depth'' and
``average water depth'' were rendered incorrect or impossible to read
in several places. We correct them in this document.
Administrative Procedure Act
We find good cause to waive notice and comment on this correction,
under 5 U.S.C. 533(b)(3)(B), and the 30-day delay in effective date
under 5 U.S.C. 553(d). Notice and comment are unnecessary because this
correction is a minor, technical correction. The substance of the
regulations remains unchanged. Therefore, this correction is being
published as a final rule and is effective on the date under DATES.
Corrections to Preamble
The second sentence in the first paragraph under the heading
``Distribution and Habitat'' (near top of page 11011, first column) is
revised to read as follows:
The species' aquatic habitat is typically at depths of less than
or equal to 2 meters (m) (6.6 feet (ft)), and has a summer
subsurface water temperature exceeding 15 [deg]Celsius ([deg]C) (61
[deg]Fahrenheit ([deg]F)) (Scheerer and Apke 1997, p. 45; Scheerer
2002, p. 1073; Scheerer and McDonald 2003, p. 69).
The second paragraph under the heading ``Food, Water, Air, Light,
Minerals, or Other Requirements'' (page 11016, third column) is revised
to read as follows:
With respect to water quality, the temperature regime at a site
may determine the productivity of Oregon chub at that location.
Spawning activity for the species has been observed from May through
early August when subsurface water temperatures exceed 15 [deg]C (59
[deg]F) or 16 [deg]C (61 [deg]F) (Scheerer and Apke 1997, p. 22;
Markle et al. 1991, p. 288; Scheerer and MacDonald 2003, p. 78). The
species will display normal life-history behavior at temperatures
between approximately 15 and 25 [deg]C (59 and 77 [deg]F). The upper
lethal temperature for the fish was determined to be 31 [deg]C (88
[deg]F) in laboratory studies (Scheerer and Apke 1997, p. 22).
The third sentence in the first paragraph under the heading ``Sites
for Breeding, Reproduction, and Rearing (or Development) of Offspring''
(page 11017, center column) is revised to read as follows:
Oregon chub spawn from April through September, when
temperatures exceed 15 [deg]C (59 [deg]F), with peak activity in
July.
Under the header ``Primary Constituent Elements (PCEs) for the
Oregon Chub,'' number 3 in the list (page 11018, center column) is
revised to read as follows:
3. Late spring and summer subsurface water temperatures between
15 and 25 [deg]C (59 and 78 [deg]F), with natural diurnal and
seasonal variation.
Under the header ``Final Critical Habitat Designation,'' we make
the following corrections to the text of each of the individual units:
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[GRAPHIC] [TIFF OMITTED] TR09AP10.001
[GRAPHIC] [TIFF OMITTED] TR09AP10.002
BILLING CODE 4310-55-C
Correction to Regulatory Text
In our rule FR Doc. 2010-4654, as published at March 10, 2010 (75
FR 11010), there is one error in the regulatory text.
Other than this one correction to the final rule's regulatory text,
all amendatory instructions and amendatory language stand.
Sec. 17.95 [Corrected]
0
1. On page 11032, in the third column, revise Sec. 17.95 under
paragraph (e), under the entry for ``Oregon Chub (Oregonichthys
crameri)'', paragraph (2)(iii), to read as follows:
[[Page 18110]]
(iii) Late spring and summer subsurface water temperatures
between 15 and 25 [deg]C (59 and 78 [deg]F), with natural diurnal
and seasonal variation.
Dated: April 2, 2010.
Sara Prigan,
Federal Register Liaison, U.S. Fish and Wildlife Service.
[FR Doc. 2010-7951 Filed 4-8-10; 8:45 am]
BILLING CODE 4310-55-P
