Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Emergency Rule Extension, Closure of the Delmarva Access Area, 64915-64917 [2012-26240]
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64915
Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Rules and Regulations
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byproducts at 0.06 ppm; and poultry,
liver at 0.06 ppm.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
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rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Parts per
million
Commodity
*
*
*
*
Hog, fat .....................................
Hog, meat byproducts ..............
*
0.03
0.06
*
*
*
*
Poultry, liver ..............................
*
0.06
*
*
*
*
*
*
*
*
*
*
[FR Doc. 2012–26086 Filed 10–23–12; 8:45 am]
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 180
RIN 0648–BC04
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Emergency Rule Extension, Closure of
the Delmarva Access Area
Dated: October 15, 2012.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120330235–2014–01]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
emergency action extension.
AGENCY:
NMFS extends the emergency
closure of the Delmarva Access Area
PART 180—[AMENDED]
(DMV) published on May 14, 2012,
which is scheduled to expire on
■ 1. The authority citation for part 180
November 10, 2012. Specifically, this
continues to read as follows:
temporary rule extends the 180-day
Authority: 21 U.S.C. 321(q), 346a and 371.
closure of the DMV in fishing year (FY)
2012 for an additional 186 days, through
■ 2. In § 180.609:
May 13, 2013.
■ i. Add alphabetically the commodity
DATES: This rule is effective from
‘‘Rice, grain’’ to the table in paragraph
November 10, 2012, through May 14,
(a)(1).
2013. The expiration date of the
temporary rule published May 14, 2012
■ ii. Add alphabetically the following
(77 FR 28311), is extended to May 14,
commodities to the table in paragraph
2013, unless superseded by another
(a)(2). The additions read as follows:
action which will publish in the Federal
§ 180.609 Fluoxastrobin; tolerances for
Register.
residues.
ADDRESSES: The Environmental
(a) * * *
Assessment (EA) is available by request
from: John K. Bullard, Regional
(1) * * *
Administrator, National Marine
Parts per
Fisheries Service, Northeast Region, 55
Commodity
million
Great Republic Drive, Gloucester, MA
01930–2276, or via the Internet at https://
www.nero.noaa.gov.
*
*
*
*
*
Rice, grain ................................
4.0 FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, Fishery
*
*
*
*
*
Management Specialist, 978–281–9112;
fax 978–281–9135.
(2) * * *
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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64916
Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Rules and Regulations
Background
This temporary final rule extends the
emergency measures implemented on
June 13, 2012 (77 FR 28311, May 14,
2012), as authorized by section 305(c) of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), closing the
DMV. The May 14, 2012, emergency
rule included detailed information on
purpose and need to close the DMV for
FY 2012, as well as an announcement
that NMFS intended to extend this
emergency rule for an additional six
months. The closure of the DMV area for
FY 2012 was supported by the scallop
industry, and the emergency action was
recommended by the Council at its
January 2012 meeting. There were no
comments received on the original
emergency rule.
This extension adds additional
measure that could not be included in
the initial emergency rule because it
would not have become effective until
after the statutory required expiration of
the initial rule on November 10, 2012.
Framework Adjustment 22 to the
Scallop Fishery Management Plan
(FMP) (FW 22) (76 FR 43774; July 21,
2011) set measures extending into FY
2013 as though the DMV would be
opened. In particular, it allowed scallop
research set-aside (RSA) pounds to be
harvested in the DMV. The original
emergency rule to close the DMV
adjusted the regulations to eliminate the
DMV from this set-aside in FY 2012.
However, these changes could not be
extended into FY 2013 because the
original emergency rule was statutorily
required to expire on November 10,
2012. Since this action will extend the
DMV closure into the FY 2013, this rule
adjusts the regulations by removing the
DMV from the RSA language.
Framework Adjustment 24 to the
Scallop FMP is expected maintain the
DMV closure and is expected to be in
place prior to the expiration of this rule.
The emergency rule closed the DVM
because fishing in the area in FY 2012
could result in localized overfishing of
the area. In addition, there would be no
protection for small scallops in the DMV
if it remains open for FY 2012. This
could have negative impacts on
recruitment in the short and medium
term, and could reduce the long-term
biomass and yield from the DMV and
the Mid-Atlantic overall. The success of
the entire scallop rotational
management program depends on
timely openings and closing of access
areas in order to protect scallop
recruitment and optimize yield. NMFS
must extend the emergency measures
because the closure must remain in
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17:17 Oct 23, 2012
Jkt 229001
place for the full FY to prevent these
negative impacts.
Framework 22 to the Scallop FMP
(Framework 22) used 2010 survey
results to set the allocations for FYs
2011 and 2012. Based on this
information, Framework 22 allocated
156 full-time (FT) vessels 1 trip each
into DMV, which equated to 2.8 M lb
(1,270 mt) of scallops from this area in
FY 2012. However, catch rates in the
DMV declined from about 2,000 lb (907
kg) per day in the start of FY 2011 to
less than 1,000 lb (434 kg) per day later
in the FY. Based on these 2011 catch
rates, NMFS expected catch rates in
DMV in 2012 to be approximately 1,000
lb (434 kg) per day, compared to about
2,200 lb (998 kg) per day or higher in
CAI. With lower catch rates, vessels
must fish longer to catch the allowed
possession limit. This increases the
amount of time and area that the scallop
fishing gear is in contact with the sea
floor (i.e., increased area swept),
resulting in negative impacts on the
scallop resource due to increased
discarding of small and otherwise
unprofitable scallops.
The 2011 surveys in CAI estimated
scallop biomass levels that are higher
than Framework 22’s 2011 projections
based on the 2010 survey results, and
that would support additional effort.
When the emergency rule reallocated FT
vessel DMV trips, the total number of
CAI trips increased to 313. The increase
in CAI trips results in an FY 2012 CAI
allocation of 5.6 M lb (2,540 mt) of
scallops, which is not expected to result
in excessive fishing in CAI for FY 2012.
NMFS policy guidelines for the use of
emergency rules (62 FR 44421; August
21, 1997) specify the following three
criteria that define what an emergency
situation is, and justification for final
rulemaking: (1) The emergency results
from recent, unforeseen events or
recently discovered circumstances; (2)
the emergency presents serious
conservation or management problems
in the fishery; and (3) the emergency
can be addressed through emergency
regulations for which the immediate
benefits outweigh the value of advance
notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rulemaking process. NMFS
policy guidelines further provide that
emergency action is justified for certain
situations where emergency action
would prevent significant direct
economic loss, or to preserve a
significant economic opportunity that
otherwise might be foregone. As noted
in the May 14, 2012, emergency rule,
NMFS determined that it was necessary
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Fmt 4700
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to close the DMV, consistent with new
scientific advice, in a timely manner in
order avoid localized overfishing of the
area and negative impacts on
recruitment in the short and medium
term.
Comments
No comments were received in
response to a request for comments on
the original emergency action.
Classification
NMFS has determined that this rule is
consistent with the Magnuson-Stevens
Act and other applicable law.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under section 553(b)(B) of the
Administrative Procedure Act (APA)
that it is unnecessary, impracticable,
and contrary to the public interest to
provide for any additional prior notice
and opportunity for the public to
comment. As more fully explained
above, the reasons justifying
promulgation of this rule on an
emergency basis, coupled with the fact
that the public has had the opportunity
to comment on NMFS’ intent to extend
this emergency, make solicitation of
public comment unnecessary,
impractical, and contrary to the public
interest. This action provides the benefit
of allowing the Atlantic sea scallop fleet
to avoid localized overfishing of the
DMV and the associated negative
impacts on recruitment in the short and
medium term.
In the interest of receiving public
input on this action, the EA analyzing
this action was made available to the
public and the original temporary final
rule solicited public comment.
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator finds good
cause to waive the full 30-day delay in
effectiveness for this rule. This rule
primarily extends the rule currently in
place for an additional 6 months. The
need for this extension was fully
anticipated and announced to the public
in the initial emergency rule which
published on May 14, 2012. The
additional measure will not become
effective until after March 1, 2012.
Accordingly, the entities affected by this
rule and the public have no need to be
made aware of or adjust to this rule by
delaying its effectiveness for 30 days.
The primary reason for delaying the
effectiveness of federal regulations is
not present, and, therefore, such a delay
would serve no public purpose. On the
other hand, it would be contrary to the
public interest if this rule does not
become effective on November 10, 2012,
because the previously established trip
allocations for the DMV would become
E:\FR\FM\24OCR1.SGM
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Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Rules and Regulations
effective, with the result that overfishing
could occur and the small scallops in
the area would be put at risk. These
measures are inconsistent with the
Magnuson-Stevens Act, the stated intent
of the scallop area rotation program, and
the FMP. Moreover, failing to have the
rule effective on November 10, 2012,
may lead to confusion in the fishing
community as to what regulations
govern the harvest of scallops in the
DMV. For these reasons, there is good
cause to waive the requirement for
delayed effectiveness.
For the reason above, the Assistant
Administrator for Fisheries also finds
good cause under section 553(d) of the
APA to waive the 30-day delay in
effectiveness.
NMFS has consulted with the Office
of Information and Regulatory Affairs
(OIRA) and due to the circumstances
described above this action is exempt
from review under Executive Order
12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act to prepare a regulatory flexibility
analysis because the rule is issued
without opportunity for prior public
comment.
The EA prepared for the initial
emergency rule analyzed the impacts of
the emergency specifications for the
duration of a year (Environmental
Assessment Emergency Action to the
Atlantic Sea Scallop FMP: Closure of
the Delmarva Scallop Access Area for
2012; March 2011). Therefore, the
impacts of this emergency action
extension have been analyzed, and are
within the scope of the Finding of No
Significant Impact.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: October 19, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is amended
as follows:
TKELLEY on DSK3SPTVN1PROD with RULES
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.60, paragraph (e)(1)(iii) is
suspended and paragraph (e)(1)(v) is
added to read as follows:
■
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17:17 Oct 23, 2012
Jkt 229001
§ 648.60 Sea scallop access area program
requirements.
*
*
*
*
*
(e) * * *
(1) * * *
(v) 2013: Hudson Canyon Access
Area, Nantucket Lightship Access Area,
and Closed Area II Access Area.
*
*
*
*
*
[FR Doc. 2012–26240 Filed 10–23–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 111207737–2141–02]
RIN 0624–XC301
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
NMFS is opening directed
fishing for pollock in Statistical Area
610 of the Gulf of Alaska (GOA) for 96
hours. This action is necessary to fully
use the 2012 total allowable catch of
pollock in Statistical Area 610 of the
GOA.
SUMMARY:
Effective 1200 hrs, Alaska local
time (A.l.t.), October 19, 2012, through
1200 hrs, A.l.t., October 23, 2012.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., November 5, 2012.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2012–0204,
by any one of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0204 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
• Fax: Address written comments to
Glenn Merrill, Assistant Regional
DATES:
PO 00000
Frm 00029
Fmt 4700
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64917
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Fax comments to 907–
586–7557.
• Hand delivery to the Federal
Building: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Deliver comments to
709 West 9th Street, Room 420A,
Juneau, AK.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on https://www.regulations.gov without
change. All personal identifying
information (e.g., name, address)
submitted voluntarily by the sender will
be publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
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.
NMFS closed directed fishing for
pollock in Statistical Area 610 of the
GOA under § 679.20(d)(1)(iii) on
October 15, 2012 (77 FR 64240, October
19, 2012).
As of October 17, 2012, NMFS has
determined that approximately 1,500
metric tons of pollock remain in the
directed fishing allowance for pollock in
Statistical Area 610 of the GOA.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the
2012 TAC of pollock in Statistical Area
610 of the GOA, NMFS is terminating
the previous closure and is reopening
E:\FR\FM\24OCR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Rules and Regulations]
[Pages 64915-64917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26240]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120330235-2014-01]
RIN 0648-BC04
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Emergency Rule Extension, Closure of the Delmarva Access Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; emergency action extension.
-----------------------------------------------------------------------
SUMMARY: NMFS extends the emergency closure of the Delmarva Access Area
(DMV) published on May 14, 2012, which is scheduled to expire on
November 10, 2012. Specifically, this temporary rule extends the 180-
day closure of the DMV in fishing year (FY) 2012 for an additional 186
days, through May 13, 2013.
DATES: This rule is effective from November 10, 2012, through May 14,
2013. The expiration date of the temporary rule published May 14, 2012
(77 FR 28311), is extended to May 14, 2013, unless superseded by
another action which will publish in the Federal Register.
ADDRESSES: The Environmental Assessment (EA) is available by request
from: John K. Bullard, Regional Administrator, National Marine
Fisheries Service, Northeast Region, 55 Great Republic Drive,
Gloucester, MA 01930-2276, or via the Internet at
http:[sol][sol]www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management
Specialist, 978-281-9112; fax 978-281-9135.
SUPPLEMENTARY INFORMATION:
[[Page 64916]]
Background
This temporary final rule extends the emergency measures
implemented on June 13, 2012 (77 FR 28311, May 14, 2012), as authorized
by section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), closing the DMV. The May 14,
2012, emergency rule included detailed information on purpose and need
to close the DMV for FY 2012, as well as an announcement that NMFS
intended to extend this emergency rule for an additional six months.
The closure of the DMV area for FY 2012 was supported by the scallop
industry, and the emergency action was recommended by the Council at
its January 2012 meeting. There were no comments received on the
original emergency rule.
This extension adds additional measure that could not be included
in the initial emergency rule because it would not have become
effective until after the statutory required expiration of the initial
rule on November 10, 2012. Framework Adjustment 22 to the Scallop
Fishery Management Plan (FMP) (FW 22) (76 FR 43774; July 21, 2011) set
measures extending into FY 2013 as though the DMV would be opened. In
particular, it allowed scallop research set-aside (RSA) pounds to be
harvested in the DMV. The original emergency rule to close the DMV
adjusted the regulations to eliminate the DMV from this set-aside in FY
2012. However, these changes could not be extended into FY 2013 because
the original emergency rule was statutorily required to expire on
November 10, 2012. Since this action will extend the DMV closure into
the FY 2013, this rule adjusts the regulations by removing the DMV from
the RSA language. Framework Adjustment 24 to the Scallop FMP is
expected maintain the DMV closure and is expected to be in place prior
to the expiration of this rule.
The emergency rule closed the DVM because fishing in the area in FY
2012 could result in localized overfishing of the area. In addition,
there would be no protection for small scallops in the DMV if it
remains open for FY 2012. This could have negative impacts on
recruitment in the short and medium term, and could reduce the long-
term biomass and yield from the DMV and the Mid-Atlantic overall. The
success of the entire scallop rotational management program depends on
timely openings and closing of access areas in order to protect scallop
recruitment and optimize yield. NMFS must extend the emergency measures
because the closure must remain in place for the full FY to prevent
these negative impacts.
Framework 22 to the Scallop FMP (Framework 22) used 2010 survey
results to set the allocations for FYs 2011 and 2012. Based on this
information, Framework 22 allocated 156 full-time (FT) vessels 1 trip
each into DMV, which equated to 2.8 M lb (1,270 mt) of scallops from
this area in FY 2012. However, catch rates in the DMV declined from
about 2,000 lb (907 kg) per day in the start of FY 2011 to less than
1,000 lb (434 kg) per day later in the FY. Based on these 2011 catch
rates, NMFS expected catch rates in DMV in 2012 to be approximately
1,000 lb (434 kg) per day, compared to about 2,200 lb (998 kg) per day
or higher in CAI. With lower catch rates, vessels must fish longer to
catch the allowed possession limit. This increases the amount of time
and area that the scallop fishing gear is in contact with the sea floor
(i.e., increased area swept), resulting in negative impacts on the
scallop resource due to increased discarding of small and otherwise
unprofitable scallops.
The 2011 surveys in CAI estimated scallop biomass levels that are
higher than Framework 22's 2011 projections based on the 2010 survey
results, and that would support additional effort. When the emergency
rule reallocated FT vessel DMV trips, the total number of CAI trips
increased to 313. The increase in CAI trips results in an FY 2012 CAI
allocation of 5.6 M lb (2,540 mt) of scallops, which is not expected to
result in excessive fishing in CAI for FY 2012.
NMFS policy guidelines for the use of emergency rules (62 FR 44421;
August 21, 1997) specify the following three criteria that define what
an emergency situation is, and justification for final rulemaking: (1)
The emergency results from recent, unforeseen events or recently
discovered circumstances; (2) the emergency presents serious
conservation or management problems in the fishery; and (3) the
emergency can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process. NMFS policy guidelines further provide that emergency action
is justified for certain situations where emergency action would
prevent significant direct economic loss, or to preserve a significant
economic opportunity that otherwise might be foregone. As noted in the
May 14, 2012, emergency rule, NMFS determined that it was necessary to
close the DMV, consistent with new scientific advice, in a timely
manner in order avoid localized overfishing of the area and negative
impacts on recruitment in the short and medium term.
Comments
No comments were received in response to a request for comments on
the original emergency action.
Classification
NMFS has determined that this rule is consistent with the Magnuson-
Stevens Act and other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under section 553(b)(B) of the Administrative Procedure Act (APA) that
it is unnecessary, impracticable, and contrary to the public interest
to provide for any additional prior notice and opportunity for the
public to comment. As more fully explained above, the reasons
justifying promulgation of this rule on an emergency basis, coupled
with the fact that the public has had the opportunity to comment on
NMFS' intent to extend this emergency, make solicitation of public
comment unnecessary, impractical, and contrary to the public interest.
This action provides the benefit of allowing the Atlantic sea scallop
fleet to avoid localized overfishing of the DMV and the associated
negative impacts on recruitment in the short and medium term.
In the interest of receiving public input on this action, the EA
analyzing this action was made available to the public and the original
temporary final rule solicited public comment.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator finds
good cause to waive the full 30-day delay in effectiveness for this
rule. This rule primarily extends the rule currently in place for an
additional 6 months. The need for this extension was fully anticipated
and announced to the public in the initial emergency rule which
published on May 14, 2012. The additional measure will not become
effective until after March 1, 2012. Accordingly, the entities affected
by this rule and the public have no need to be made aware of or adjust
to this rule by delaying its effectiveness for 30 days. The primary
reason for delaying the effectiveness of federal regulations is not
present, and, therefore, such a delay would serve no public purpose. On
the other hand, it would be contrary to the public interest if this
rule does not become effective on November 10, 2012, because the
previously established trip allocations for the DMV would become
[[Page 64917]]
effective, with the result that overfishing could occur and the small
scallops in the area would be put at risk. These measures are
inconsistent with the Magnuson-Stevens Act, the stated intent of the
scallop area rotation program, and the FMP. Moreover, failing to have
the rule effective on November 10, 2012, may lead to confusion in the
fishing community as to what regulations govern the harvest of scallops
in the DMV. For these reasons, there is good cause to waive the
requirement for delayed effectiveness.
For the reason above, the Assistant Administrator for Fisheries
also finds good cause under section 553(d) of the APA to waive the 30-
day delay in effectiveness.
NMFS has consulted with the Office of Information and Regulatory
Affairs (OIRA) and due to the circumstances described above this action
is exempt from review under Executive Order 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
The EA prepared for the initial emergency rule analyzed the impacts
of the emergency specifications for the duration of a year
(Environmental Assessment Emergency Action to the Atlantic Sea Scallop
FMP: Closure of the Delmarva Scallop Access Area for 2012; March 2011).
Therefore, the impacts of this emergency action extension have been
analyzed, and are within the scope of the Finding of No Significant
Impact.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 19, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.60, paragraph (e)(1)(iii) is suspended and paragraph
(e)(1)(v) is added to read as follows:
Sec. 648.60 Sea scallop access area program requirements.
* * * * *
(e) * * *
(1) * * *
(v) 2013: Hudson Canyon Access Area, Nantucket Lightship Access
Area, and Closed Area II Access Area.
* * * * *
[FR Doc. 2012-26240 Filed 10-23-12; 8:45 am]
BILLING CODE 3510-22-P
