Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 11; Correction, 7544-7545 [2012-3304]

Download as PDF 7544 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Rules and Regulations * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Flooding source(s) Location of referenced elevation Spring Creek ............................. Approximately 355 feet downstream of Spring Creek Dam +727 Tanner Run ............................... Approximately 352 feet downstream of Clary Road ........... Approximately 510 feet upstream of Main Street ............... +728 +726 Approximately 0.51 mile upstream of Main Street .............. Communities affected +733 Unincorporated Areas of Roane County. Unincorporated Areas of Roane County. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Roane County Maps are available for inspection at the Roane County Courthouse, 200 Main Street, Spencer, WV 25276. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) New Jersey Avenue SE., Washington, DC 20590, (202) 366–4325. Dated: January 30, 2012. Sandra K. Knight, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. SUPPLEMENTARY INFORMATION: [FR Doc. 2012–3202 Filed 2–10–12; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 [Docket No. FMCSA–2004–19608] RIN 2126–AB26 Hours of Service of Drivers: Correction Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; correction. AGENCY: FMCSA corrects the hours of service (HOS) final rule published on December 27, 2011 (76 FR 81143). This correction notice corrects the amendatory language or guidance to legal editors of the Code of Federal Regulations (CFR) on the proper codification of the December 27, 2011 rule. This notice does not change, in any manner, the regulatory text. DATES: This final rule is effective February 27, 2012. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:45 Feb 10, 2012 Jkt 226001 The amendatory instruction for paragraph (b) Driving conditions in § 395.1 Scope of the rules in this part incorrectly referenced revising paragraph (b)(1)’s introductory text. FMCSA intended to completely revise paragraph (b)(1). An unintended edit to the instruction made just before publication caused the instruction to be inaccurate. FMCSA intended for the current paragraph’s subparagraphs (b)(1)(i) through (b)(1)(iv) to be removed entirely. See the discussion of the Agency’s intentions in the section-by-section analysis on 76 FR 81165 col. 3. This correction notice corrects the instruction for publishers of public and private editions of title 49 CFR chapter III, subchapter B—Federal Motor Carrier Safety Regulations (FMCSRs). Correcting the amendatory language provides guidance to legal editors of the FMCSRs on the proper codification of the December 27, 2011 rule. This notice does not change, in any manner, the regulatory text intended. In FR Doc. 2011–32696, appearing on page 81134 in the Federal Register of Tuesday, December 27, 2011, the following correction is made. § 395.1 [Corrected] On page 81186, in the third column, in Part 395—Hours of Service of Drivers, in amendment 8a, the instruction, ‘‘8. Amend § 395.1 as follows: a. Revise the paragraph (b) heading and paragraph (b)(1) introductory text;’’ is corrected to read, ‘‘8. Amend § 395.1 as follows: a. Revise the paragraph (b) heading and revise paragraph (b)(1);’’ PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Issued on: February 7, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–3305 Filed 2–10–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 0808041037–1649–02] RIN 0648–AX05 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 11; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: This action corrects a mistake in the amendatory language in the final rule for Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. DATES: Effective March 1, 2012. FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 978– 281–9195. SUPPLEMENTARY INFORMATION: SUMMARY: Background The final rule for Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan was published in the Federal Register on November 7, 2011 (76 FR E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Rules and Regulations erowe on DSK2VPTVN1PROD with RULES 68642). The final measures in that action included: A tiered limited access program for the Atlantic mackerel fishery; an open access incidental catch permit for mackerel; an update to essential fish habitat designations for all life stages of mackerel, longfin squid, Illex squid, and butterfish; and the establishment of a recreational allocation for mackerel. Details regarding the measures in Amendment 11 are in the final rule and are not repeated here. The final regulations in Amendment 11 revised portions of 50 CFR 648.4; the new regulatory text will be effective on March 1, 2012. The amendatory language for § 648.4 on page 68653 of the final rule has instructions for a revision of paragraph § 648.4 (a)(5)(iii). However, the amendatory language should have also included instructions for a revision of § 648.4 (a)(5)(iv) and the addition of § 648.4 (a)(5)(v). The text for these paragraphs is listed on page 68655 of the final rule. As published, the error in the amendatory language would result in the removal of § 648.4 (a)(5)(iv) and § 648.4 (a)(5)(v) on March 1, 2012. These paragraphs describe the Atlantic mackerel incidental catch permit and the MSB party and charter boat permit. This correction adjusts the amendatory instruction 2 for § 648.4 to allow for the designation of paragraphs (a)(5)(iv) and VerDate Mar<15>2010 14:45 Feb 10, 2012 Jkt 226001 (v) in time for the March 1, 2012, effective date. This correction does not change the intent or application of the measures described in the proposed and final rule. Classification The Assistant Administrator for Fisheries, NOAA (AA) finds good cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior notice and opportunity for public comment for this action because notice and comment would be unnecessary, impracticable, and contrary to the public interest. Notice and comment are unnecessary, impracticable, and contrary to the public interest because this action simply makes the text of the codified regulations consistent with the text in the final rule, and makes corrections to accurately reflect the intent of the final rule. This correction eliminates inconsistencies between the regulatory text contained in the final rule and the codified regulations, and therefore eliminates any confusion that the inconsistency might create for the public. No aspect of this action is controversial and no change in operating practices in the fishery is required from those intended in the final rule. For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds good cause to waive the 30-day delay in effective PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 7545 date. If this rule is not implemented by March 1, 2012, two paragraphs of regulations regarding permit requirements would be removed, which could cause confusion and would be inconsistent with the final rule. Because prior notice and opportunity for public comment are not required for this 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. This final rule has been determined to be not significant for purposes of Executive Order 12866. Correction In the Federal Register of November 7, 2011, in FR Doc. 2011–28772, on page 68653, in the second column, amendatory instruction 2 is corrected to read as follows: § 648.4 [Corrected] ‘‘2. In § 648.4, paragraphs (a)(5)(iii) and (a)(5)(iv) are revised, and paragraphs (a)(5)(v), and (c)(2)(vii) are added to read as follows:’’ Dated: February 8, 2012. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2012–3304 Filed 2–10–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\13FER1.SGM 13FER1

Agencies

[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7544-7545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0808041037-1649-02]
RIN 0648-AX05


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 11; Correction

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

ACTION: Final rule; correction.

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SUMMARY: This action corrects a mistake in the amendatory language in 
the final rule for Amendment 11 to the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan.

DATES: Effective March 1, 2012.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
978-281-9195.

SUPPLEMENTARY INFORMATION:

Background

    The final rule for Amendment 11 to the Atlantic Mackerel, Squid, 
and Butterfish (MSB) Fishery Management Plan was published in the 
Federal Register on November 7, 2011 (76 FR

[[Page 7545]]

68642). The final measures in that action included: A tiered limited 
access program for the Atlantic mackerel fishery; an open access 
incidental catch permit for mackerel; an update to essential fish 
habitat designations for all life stages of mackerel, longfin squid, 
Illex squid, and butterfish; and the establishment of a recreational 
allocation for mackerel. Details regarding the measures in Amendment 11 
are in the final rule and are not repeated here.
    The final regulations in Amendment 11 revised portions of 50 CFR 
648.4; the new regulatory text will be effective on March 1, 2012. The 
amendatory language for Sec.  648.4 on page 68653 of the final rule has 
instructions for a revision of paragraph Sec.  648.4 (a)(5)(iii). 
However, the amendatory language should have also included instructions 
for a revision of Sec.  648.4 (a)(5)(iv) and the addition of Sec.  
648.4 (a)(5)(v). The text for these paragraphs is listed on page 68655 
of the final rule. As published, the error in the amendatory language 
would result in the removal of Sec.  648.4 (a)(5)(iv) and Sec.  648.4 
(a)(5)(v) on March 1, 2012. These paragraphs describe the Atlantic 
mackerel incidental catch permit and the MSB party and charter boat 
permit. This correction adjusts the amendatory instruction 2 for Sec.  
648.4 to allow for the designation of paragraphs (a)(5)(iv) and (v) in 
time for the March 1, 2012, effective date. This correction does not 
change the intent or application of the measures described in the 
proposed and final rule.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary, impracticable, and contrary to 
the public interest. Notice and comment are unnecessary, impracticable, 
and contrary to the public interest because this action simply makes 
the text of the codified regulations consistent with the text in the 
final rule, and makes corrections to accurately reflect the intent of 
the final rule. This correction eliminates inconsistencies between the 
regulatory text contained in the final rule and the codified 
regulations, and therefore eliminates any confusion that the 
inconsistency might create for the public. No aspect of this action is 
controversial and no change in operating practices in the fishery is 
required from those intended in the final rule.
    For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds 
good cause to waive the 30-day delay in effective date. If this rule is 
not implemented by March 1, 2012, two paragraphs of regulations 
regarding permit requirements would be removed, which could cause 
confusion and would be inconsistent with the final rule.
    Because prior notice and opportunity for public comment are not 
required for this 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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Correction

    In the Federal Register of November 7, 2011, in FR Doc. 2011-28772, 
on page 68653, in the second column, amendatory instruction 2 is 
corrected to read as follows:


Sec.  648.4  [Corrected]

    ``2. In Sec.  648.4, paragraphs (a)(5)(iii) and (a)(5)(iv) are 
revised, and paragraphs (a)(5)(v), and (c)(2)(vii) are added to read as 
follows:''

    Dated: February 8, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-3304 Filed 2-10-12; 8:45 am]
BILLING CODE 3510-22-P