Snapper-Grouper Fishery of the South Atlantic; 2012 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex, 36946-36947 [2012-15052]

Download as PDF 36946 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Rules and Regulations not extend the use of power of attorney to this circumstance. Further, Florida’s proposal 28 does not require the odometer disclosure statement made by the lessee to be co-signed by the lessor, to be submitted with title documents, or to be retained by any party. In the Agency’s view, this is an important link in the chain of odometer disclosure for a leased vehicle to ensure valid odometer disclosures. pmangrum on DSK3VPTVN1PROD with RULES 2. Florida’s Proposal in Relation to the Purposes of the Disclosure Required by the Power of Attorney Provisions of TIMA and Its Amendments The first purpose of the power of attorney provision in TIMA as amended was to provide limited exception(s) to a rule prohibiting a person from signing an odometer disclosure statement as both the transferor and transferee in the same transaction, which had the effect of prohibiting the use of powers of attorney for purposes of recording mileage on titles of motor vehicles. Florida’s proposal does not fit within the confines of the exceptions identified by Congress and NHTSA and does not meet this purpose of TIMA as amended. Under Florida’s proposed program, a lessor (not a lienholder) would execute a power of attorney. No lienholder would be involved nor is there a requirement that the title be lost. More importantly, overall purposes of TIMA as amended are not preserved by Florida’s proposed expansion of power of attorney usage. Florida seeks to use power of attorney as part of a mileage disclosure process which would use at least three separate documents to disclose mileage: an Odometer Disclosure Statement by a lessee (the form of which is unspecified), a power of attorney form, and a secure reassignment form. Florida has presented no measure of control over these documents, which can be fraudulently replaced prior to recordation in Florida’s e-title system. In the initial determination, NHTSA did not make a determination as to whether Florida’s proposal met the second, third, fourth, and sixth purposes of the discourse required by TIMA. 76 FR 48114–48115. Florida’s 28 Florida’s proposal provides for odometer disclosure in transfers of leased vehicles to be made on a secure reassignment form. Lessors (transferors) are titled owners in Florida. But as explained above, in the case of a transferor in whose name the vehicle is titled, the transferor must disclose the mileage on the title, and not on a reassignment document. Florida’s proposal runs counter to this requirement. The dealer takes the documents (bill of sale, reassignment document, and power of attorney) to the tag agency. Then, the documents are sent to the Department and scanned into the title history. VerDate Mar<15>2010 15:15 Jun 19, 2012 Jkt 226001 comments did not provide any additional justification as to how its program was consistent with these purposes of TIMA. Accordingly, NHTSA declines to make a final determination as to whether Florida’s proposal meets these purposes. The fifth purpose is to prevent alterations of odometer disclosures by powers of attorney and to preclude counterfeit powers of attorney through secure processes. Florida’s proposal does not satisfy this purpose. Under NHTSA’s regulations, power of attorney forms shall be issued by the State and shall be set forth by a secure process. 49 CFR 580.13(a). Under Florida’s proposal, the power of attorney document used by the lessor would not be State-issued and would not be secure. As noted above, TIMA was written in part to prevent alterations of disclosures on titles and preclude counterfeit titles by requiring secure processes. In furtherance of these purposes, paper titles must be produced using a secure printing process or there must be some ‘‘other secure process.’’ Allowing lessors to transfer title and make the required disclosure through a non-secure power of attorney is inconsistent with the purpose of the odometer disclosure requirements. Accordingly, Florida’s proposed program does not meet this purpose. A power of attorney form—and any document used to reassign a vehicle title—must be issued by the State and produced by a secure process. Finally, the overall purpose of the disclosure required by TIMA is to protect consumers by ensuring that they receive valid representations of a vehicle’s actual mileage at a time of transfer. Florida’s proposal is not consistent with this purpose. Upon careful consideration of the comments, NHTSA adopts the analysis set forth in its initial determination, and denies Florida’s proposed alternate disclosure requirements for transfers involving leased vehicles. D. Conclusion For the foregoing reasons, and upon review of the entire record, NHTSA hereby issues a final determination granting Florida’s petition for requirements that apply in lieu of the federal requirements adopted under section 408(d) of the Cost Savings Act as to vehicle transfers involving casual or private sales, and denies Florida’s petition as to sales involving licensed motor vehicle dealers and leased vehicles. Other requirements of the Cost Savings Act continue to apply in Florida. NHTSA reserves the right to rescind this partial grant in the event PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 that information acquired after this grant indicates that, in operation, Florida’s alternate requirements do not satisfy one or more applicable requirements. Authority: 49 U.S.C. 32705; delegation of authority at 49 CFR 1.50, 501.2, and 501.8. Issued on: June 12, 2012. David L. Strickland, Administrator. [FR Doc. 2012–14773 Filed 6–19–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100812345–2142–03] RIN 0648–XC060 Snapper-Grouper Fishery of the South Atlantic; 2012 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for the commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex in the South Atlantic for the 2012 fishing year through this temporary rule. Commercial landings for the lesser amberjack, almaco jack, and banded rudderfish complex, as estimated by the Science Research Director (SRD), are projected to reach their combined commercial annual catch limit (ACL) on July 2, 2012. Therefore, NMFS closes the commercial sector for this complex on July 2, 2012, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources. DATES: This rule is effective 12:01 a.m., local time, July 2, 2012, until 12:01 a.m., local time, January 1, 2013. ADDRESSES: Electronic copies of the Comprehensive Annual Catch Limit Amendment (Comprehensive ACL Amendment) to the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper SUMMARY: E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 77, No. 119 / Wednesday, June 20, 2012 / Rules and Regulations FMP), the Golden Crab Fishery of the South Atlantic Region (Golden Crab FMP), the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP), and the Pelagic Sargassum Habitat of the South Atlantic Region (Sargassum FMP), which includes a final environmental impact statement, a regulatory flexibility analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/pdfs/ Comp%20ACL%20Am% 20101411%20FINAL.pdf. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727–824– 5305, fax: 727–824–5308, email: Catherine.Bruger@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic, which includes the lesser amberjack, almaco jack, and banded rudderfish complex, is managed under the Snapper-Grouper FMP. The Snapper-Grouper FMP was prepared by the South Atlantic Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. pmangrum on DSK3VPTVN1PROD with RULES Background The 2006 reauthorization of the Magnuson-Stevens Act implemented new requirements that established ACLs and AMs to end overfishing and prevent overfishing from occurring. AMs are management controls to prevent ACLs from being exceeded, and to correct or mitigate overages of the ACL if they occur. In part, the final rule for the Comprehensive ACL Amendment specified ACLs for species in the Snapper-Grouper FMP that are not undergoing overfishing, including the lesser amberjack, almaco jack, and banded rudderfish complex, and AMs if these ACLs are reached or exceeded. Implementation of ACLs and AMs for these species is intended to prevent overfishing from occurring in the future, while maintaining catch levels consistent with achieving optimum yield for the resources (77 FR 15916, March 16, 2010). VerDate Mar<15>2010 15:15 Jun 19, 2012 Jkt 226001 The combined commercial ACL for the lesser amberjack, almaco jack, and banded rudderfish complex, implemented through the Comprehensive ACL Amendment, is 193,999 lb (87,996 kg), round weight. In accordance with regulations at 50 CFR 622.49(b)(12)(i)(A), if the combined complex ACL is reached or projected to be reached, the Assistant Administrator, NMFS (AA) will file notification with the Office of the Federal Register to close the commercial sector for this complex for the remainder of the fishing year. Analysis of landings data from the NMFS Southeast Fisheries Science Center indicate that the commercial sector for this complex is projected to reach the ACL on July 2, 2012. Therefore, this temporary rule implements an AM to close the commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex in the South Atlantic, effective 12:01 a.m., local time July 2, 2012. During the closure, all sale or purchase of lesser amberjack, almaco jack, and banded rudderfish is prohibited, and harvest or possession of these species in or from the South Atlantic EEZ is limited to the bag and possession limit, as specified at 50 CFR 622.39(d)(1)(viii) and (d)(2). This bag and possession limit applies in the South Atlantic on board a vessel for which a valid Federal commercial permit for South Atlantic snappergrouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. The commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex will reopen on January 1, 2013, the beginning of the 2013 commercial fishing season. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of the lesser amberjack, almaco jack, and banded rudderfish complex, a component of the South Atlantic snapper-grouper fishery, and is consistent with the Magnuson-Stevens Act and other applicable laws. PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 36947 This action is taken under 50 CFR 622.49(b)(1)(ii) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule. Such procedures are unnecessary because the AMs established by the Comprehensive ACL Amendment and located at 50 CFR 622.49(b)(12)(i)(A) have already been subject to notice and comment and authorize the AA to file a notification with the Office of the Federal Register to close the commercial sector for this complex for the remainder of the fishing year, if commercial landings for lesser amberjack, almaco jack, and banded rudderfish, combined, as estimated by the SRD, reach or are projected to reach their combined commercial ACL. All that remains is to notify the public of the closure of this complex for the remainder of the 2012 fishing year. Additionally, there is a need to immediately implement the closure for this complex for the 2012 fishing year, to prevent further commercial harvest and prevent the ACL from being exceeded, which will protect the lesser amberjack, almaco jack, and banded rudderfish resources in the South Atlantic. Also, providing prior notice and opportunity for public comment on this action would be contrary to the public interest because many of those affected by the closure need as much time as possible to adjust business plans to account for the reduced commercial fishing season. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: June 15, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–15052 Filed 6–15–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Rules and Regulations]
[Pages 36946-36947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15052]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XC060


Snapper-Grouper Fishery of the South Atlantic; 2012 Commercial 
Accountability Measure and Closure for the South Atlantic Lesser 
Amberjack, Almaco Jack, and Banded Rudderfish Complex

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for the 
commercial sector for the lesser amberjack, almaco jack, and banded 
rudderfish complex in the South Atlantic for the 2012 fishing year 
through this temporary rule. Commercial landings for the lesser 
amberjack, almaco jack, and banded rudderfish complex, as estimated by 
the Science Research Director (SRD), are projected to reach their 
combined commercial annual catch limit (ACL) on July 2, 2012. 
Therefore, NMFS closes the commercial sector for this complex on July 
2, 2012, through the remainder of the fishing year in the exclusive 
economic zone (EEZ) of the South Atlantic. This closure is necessary to 
protect the lesser amberjack, almaco jack, and banded rudderfish 
resources.

DATES: This rule is effective 12:01 a.m., local time, July 2, 2012, 
until 12:01 a.m., local time, January 1, 2013.

ADDRESSES: Electronic copies of the Comprehensive Annual Catch Limit 
Amendment (Comprehensive ACL Amendment) to the Fishery Management Plans 
(FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region 
(Snapper-Grouper

[[Page 36947]]

FMP), the Golden Crab Fishery of the South Atlantic Region (Golden Crab 
FMP), the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin 
and Wahoo FMP), and the Pelagic Sargassum Habitat of the South Atlantic 
Region (Sargassum FMP), which includes a final environmental impact 
statement, a regulatory flexibility analysis, and a regulatory impact 
review, may be obtained from the Southeast Regional Office Web site at 
http://sero.nmfs.noaa.gov/sf/pdfs/Comp%20ACL%20Am%20101411%20FINAL.pdf.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, fax: 727-824-5308, email: Catherine.Bruger@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes the lesser amberjack, almaco jack, and banded 
rudderfish complex, is managed under the Snapper-Grouper FMP. The 
Snapper-Grouper FMP was prepared by the South Atlantic Fishery 
Management Council and is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.

Background

    The 2006 reauthorization of the Magnuson-Stevens Act implemented 
new requirements that established ACLs and AMs to end overfishing and 
prevent overfishing from occurring. AMs are management controls to 
prevent ACLs from being exceeded, and to correct or mitigate overages 
of the ACL if they occur.
    In part, the final rule for the Comprehensive ACL Amendment 
specified ACLs for species in the Snapper-Grouper FMP that are not 
undergoing overfishing, including the lesser amberjack, almaco jack, 
and banded rudderfish complex, and AMs if these ACLs are reached or 
exceeded. Implementation of ACLs and AMs for these species is intended 
to prevent overfishing from occurring in the future, while maintaining 
catch levels consistent with achieving optimum yield for the resources 
(77 FR 15916, March 16, 2010).
    The combined commercial ACL for the lesser amberjack, almaco jack, 
and banded rudderfish complex, implemented through the Comprehensive 
ACL Amendment, is 193,999 lb (87,996 kg), round weight. In accordance 
with regulations at 50 CFR 622.49(b)(12)(i)(A), if the combined complex 
ACL is reached or projected to be reached, the Assistant Administrator, 
NMFS (AA) will file notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year. Analysis of landings data from the NMFS 
Southeast Fisheries Science Center indicate that the commercial sector 
for this complex is projected to reach the ACL on July 2, 2012. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the lesser amberjack, almaco jack, and banded rudderfish 
complex in the South Atlantic, effective 12:01 a.m., local time July 2, 
2012.
    During the closure, all sale or purchase of lesser amberjack, 
almaco jack, and banded rudderfish is prohibited, and harvest or 
possession of these species in or from the South Atlantic EEZ is 
limited to the bag and possession limit, as specified at 50 CFR 
622.39(d)(1)(viii) and (d)(2). This bag and possession limit applies in 
the South Atlantic on board a vessel for which a valid Federal 
commercial permit for South Atlantic snapper-grouper has been issued, 
without regard to where such species were harvested, i.e., in state or 
Federal waters. The commercial sector for the lesser amberjack, almaco 
jack, and banded rudderfish complex will reopen on January 1, 2013, the 
beginning of the 2013 commercial fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the lesser amberjack, almaco jack, and banded rudderfish complex, a 
component of the South Atlantic snapper-grouper fishery, and is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.49(b)(1)(ii) and is exempt 
from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the AMs 
established by the Comprehensive ACL Amendment and located at 50 CFR 
622.49(b)(12)(i)(A) have already been subject to notice and comment and 
authorize the AA to file a notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year, if commercial landings for lesser 
amberjack, almaco jack, and banded rudderfish, combined, as estimated 
by the SRD, reach or are projected to reach their combined commercial 
ACL. All that remains is to notify the public of the closure of this 
complex for the remainder of the 2012 fishing year. Additionally, there 
is a need to immediately implement the closure for this complex for the 
2012 fishing year, to prevent further commercial harvest and prevent 
the ACL from being exceeded, which will protect the lesser amberjack, 
almaco jack, and banded rudderfish resources in the South Atlantic. 
Also, providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest because many of those 
affected by the closure need as much time as possible to adjust 
business plans to account for the reduced commercial fishing season.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 15, 2012.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-15052 Filed 6-15-12; 4:15 pm]
BILLING CODE 3510-22-P