Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf King Mackerel in Western Zone, 50388-50389 [2012-20510]

Download as PDF 50388 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations TIMA’s overall purpose is to protect consumers by ensuring that they receive valid odometer disclosures representing a vehicle’s actual mileage at the time of transfer. New York’s proposed alternate disclosure requirements, as amended are consistent with this purpose. New York’s proposed alternate disclosure requirements include characteristics that would ensure that representations of a vehicle’s actual mileage would be as valid as those found in current paper title transfers and reassignments. Transfers of vehicles between licensed New York dealers, including the required odometer disclosure statements, would be processed and the records maintained electronically in the System. Transfer records would be maintained on the System. The paper title used for the initial transfer to a licensed New York dealer would follow the vehicle and would be required when applying for registration and titling of the vehicle in the final purchaser’s (not a licensed New York dealer’s) name. Potential buyers could examine the most recent odometer disclosure statement online before purchasing the vehicle. Mileage disclosures made on paper receipts for in-state transfers would be checked against information in the System. Out-of-state transfers would be documented on a secure MV– 50 form, which could be verified outside New York, and which would be linked to a particular transaction by a unique MV–50 identification number. NAAA commented that New York’s proposal was susceptible to fraud and that the absence of a complete odometer history would dissuade bidders from purchasing New York vehicles at auction. We note that New York stated in its initial petition that it would make a Web application available to in-state and out-of-state purchasers, which would allow purchasers to verify New York State odometer history by entering a vehicle’s VIN. pmangrum on DSK3VPTVN1PROD with RULES VIII. Conclusion For the foregoing reasons, and upon review of the entire record, the agency concludes that New York’s proposed alternate disclosure requirements, as amended, are consistent with the purposes of the disclosure required by TIMA and its amendments. NHTSA locations—electronically for New York dealers and on paper for everyone else. We do not believe this is a reason to disapprove New York’s program. Odometer information is currently maintained in many locations in New York. Each New York dealer keeps records of odometer mileage in vehicles the dealership has transferred in a paper Book of Registry. The proposed changes to New York’s program consolidate the Books of Registry maintained by each individual dealer into a single electronic system. VerDate Mar<15>2010 15:03 Aug 20, 2012 Jkt 226001 hereby issues a final determination granting New York’s amended petition for requirements that apply in lieu of the federal requirements adopted under section 408(d) of the Cost Savings Act. Other requirements of the Cost Savings Act continue to apply in New York. NHTSA reserves the right to rescind this grant in the event that information acquired after this grant indicates that, in operation, New York’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 and 501.8. Issued on: August 14, 2012. David Strickland, Administrator. [FR Doc. 2012–20463 Filed 8–20–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XC160 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2012–2013 Accountability Measure and Closure for Gulf King Mackerel in Western Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial annual catch limit (ACL) (equal to the commercial quota) for king mackerel in the western zone of the Gulf EEZ will have been reached by August 22, 2012. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective noon, local time, August 22, 2012, until 12:01 a.m., local time, on July 1, 2013. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727–824–5305, email: Susan.Gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (king mackerel, Spanish mackerel, and cobia) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) 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. The commercial ACL (commercial quota) for the Gulf migratory group king mackerel in the western zone is 1,180,480 lb (535,457 kg) (76 FR 82058, December 29, 2011), for the current fishing year, July 1, 2012, through June 30, 2013. Regulations at 50 CFR 622.49(h)(1)(i) and 50 CFR 622.43(a)(3) require NMFS to close the commercial sector for Gulf migratory group king mackerel in the western zone when the ACL (quota) is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on the best scientific information available, NMFS has determined the commercial ACL (commercial quota) of 1,180,480 lb (535,457 kg) for Gulf migratory group king mackerel in the western zone will be reached by August 22, 2012. Accordingly, the western zone is closed effective noon, local time, August 22, 2012, through June 30, 2013, the end of the fishing year to commercial fishing for Gulf group king mackerel. The Gulf group king mackerel western zone begins at the United States/Mexico border (near Brownsville, Texas) and continues to the boundary between the eastern and western zones at 87°31.1′ W. long., which is a line directly south from the Alabama/Florida boundary. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed zones or subzones. A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zones or subzones under the bag and possession limits set forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / Rules and Regulations persons aboard, including operator and crew. During the closure, king mackerel from the closed zone, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to trade in king mackerel from the closed zones or subzones that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor. Classification pmangrum on DSK3VPTVN1PROD with RULES This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the western zone of the Gulf to commercial king mackerel fishing constitutes good cause to waive the requirements 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 prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule implementing the commercial ACL (commercial quota) and the associated requirement for closure of the commercial harvest when the ACL (quota) is reached or projected to be reached has already been subject to notice and comment, and all that remains is to notify the public of the closure. Additionally, allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the king mackerel because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established quota. 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). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. VerDate Mar<15>2010 15:03 Aug 20, 2012 Jkt 226001 Authority: 16 U.S.C. 1801 et seq. 50389 50 CFR Part 679 Regulatory Area of the GOA is 606 metric tons (mt) as established by the final 2012 and 2013 harvest specifications for groundfish of the GOA (77 FR 15194, March 14, 2012). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2012 TAC of ‘‘other rockfish’’ in the Central Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that ‘‘other rockfish’’ caught in the Central Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). [Docket No. 111207737–2141–02] Classification RIN 0648–XC167 This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the 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 prohibiting the retention of ‘‘other rockfish’’ 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 August 15, 2012. 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 § 679.21 and is exempt from review under Executive Order 12866. Dated: August 16, 2012. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–20510 Filed 8–16–12; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries of the Exclusive Economic Zone Off Alaska; ‘‘Other Rockfish’’ 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: NMFS is prohibiting retention of ‘‘other rockfish’’ in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2012 total allowable catch of ‘‘other rockfish’’ in the Central Regulatory Area of the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 16, 2012, through 2400 hrs, A.l.t., December 31, 2012. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: 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. The 2012 total allowable catch (TAC) of ‘‘other rockfish’’ in the Central SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 9990 Authority: 16 U.S.C. 1801 et seq. Dated: August 16, 2012. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–20511 Filed 8–16–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50388-50389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XC160


Coastal Migratory Pelagic Resources of the Gulf of Mexico and 
South Atlantic; 2012-2013 Accountability Measure and Closure for Gulf 
King Mackerel in Western Zone

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for commercial 
king mackerel in the western zone of the Gulf of Mexico (Gulf) 
exclusive economic zone (EEZ) through this temporary final rule. NMFS 
has determined that the commercial annual catch limit (ACL) (equal to 
the commercial quota) for king mackerel in the western zone of the Gulf 
EEZ will have been reached by August 22, 2012. Therefore, NMFS closes 
the western zone of the Gulf to commercial king mackerel fishing in the 
EEZ. This closure is necessary to protect the Gulf king mackerel 
resource.

DATES: The closure is effective noon, local time, August 22, 2012, 
until 12:01 a.m., local time, on July 1, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, email: 
Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) 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.
    The commercial ACL (commercial quota) for the Gulf migratory group 
king mackerel in the western zone is 1,180,480 lb (535,457 kg) (76 FR 
82058, December 29, 2011), for the current fishing year, July 1, 2012, 
through June 30, 2013.
    Regulations at 50 CFR 622.49(h)(1)(i) and 50 CFR 622.43(a)(3) 
require NMFS to close the commercial sector for Gulf migratory group 
king mackerel in the western zone when the ACL (quota) is reached, or 
is projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register. Based on the best scientific 
information available, NMFS has determined the commercial ACL 
(commercial quota) of 1,180,480 lb (535,457 kg) for Gulf migratory 
group king mackerel in the western zone will be reached by August 22, 
2012. Accordingly, the western zone is closed effective noon, local 
time, August 22, 2012, through June 30, 2013, the end of the fishing 
year to commercial fishing for Gulf group king mackerel. The Gulf group 
king mackerel western zone begins at the United States/Mexico border 
(near Brownsville, Texas) and continues to the boundary between the 
eastern and western zones at 87[deg]31.1[min] W. long., which is a line 
directly south from the Alabama/Florida boundary.
    Except for a person aboard a charter vessel or headboat, during the 
closure, no person aboard a vessel for which a commercial permit for 
king mackerel has been issued may fish for or retain Gulf group king 
mackerel in the EEZ in the closed zones or subzones. A person aboard a 
vessel that has a valid charter vessel/headboat permit for coastal 
migratory pelagic fish may continue to retain king mackerel in or from 
the closed zones or subzones under the bag and possession limits set 
forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is 
operating as a charter vessel or headboat. A charter vessel or headboat 
that also has a commercial king mackerel permit is considered to be 
operating as a charter vessel or headboat when it carries a passenger 
who pays a fee or when there are more than three

[[Page 50389]]

persons aboard, including operator and crew.
    During the closure, king mackerel from the closed zone, including 
those harvested under the bag and possession limits, may not be 
purchased or sold. This prohibition does not apply to trade in king 
mackerel from the closed zones or subzones that were harvested, landed 
ashore, and sold prior to the closure and were held in cold storage by 
a dealer or processor.

Classification

    This action responds to the best scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the western zone of 
the Gulf to commercial king mackerel fishing constitutes good cause to 
waive the requirements 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 prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule implementing the commercial ACL 
(commercial quota) and the associated requirement for closure of the 
commercial harvest when the ACL (quota) is reached or projected to be 
reached has already been subject to notice and comment, and all that 
remains is to notify the public of the closure.
    Additionally, allowing prior notice and opportunity for public 
comment is contrary to the public interest because of the need to 
immediately implement this action to protect the king mackerel because 
the capacity of the fishing fleet allows for rapid harvest of the 
quota. Prior notice and opportunity for public comment would require 
time and would potentially result in a harvest well in excess of the 
established quota.
    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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: August 16, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-20510 Filed 8-16-12; 4:15 pm]
BILLING CODE 3510-22-P