Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish, 39188-39189 [2013-15698]
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Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Rules and Regulations
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The Agency
believes that this final rule is not a
significant regulatory action under
Executive Order 12866.
The Regulatory Flexibility Act
requires Agencies to analyze regulatory
options that would minimize any
significant impact of a rule on small
entities. Because the final rule imposes
no duties or obligations on small
entities, the Agency certifies that the
final rule will not have a significant
economic impact on a substantial
number of small entities.
Section 202(a) of the Unfunded
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that Agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $136
million, using the most current (2010)
Implicit Price Deflator for the Gross
Domestic Product. HHS/NIH does not
expect this final rule to result in any
1-year expenditure that would meet or
exceed this amount.
List of Subjects in 45 CFR Part 5b
Privacy.
For the reasons set out in the
preamble, the Department of Health and
Human Services is amending 45 CFR
part 5b Subtitle A to read as follows:
PART 5b—PRIVACY ACT
REGULATIONS
1. The authority citation for 45 CFR
part 5b continues to read as follows:
■
Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
2. Section 5b.11 is amended by adding
paragraph (b)(2)(vii)(D) to read as
follows:
Exempt systems.
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(b) * * *
(2) * * *
(vii) * * *
(D) NIH Records Related to Research
Misconduct Proceedings, HHS/NIH, 09–
25–0223.
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Jkt 229001
[FR Doc. 2013–15596 Filed 6–28–13; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–2142–03]
RIN 0648–XC728
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2013
Commercial Accountability Measure
and Closure for South Atlantic Gray
Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial gray triggerfish in the
exclusive economic zone (EEZ) of the
South Atlantic. Commercial landings for
gray triggerfish, as estimated by the
Science and Research Director (SRD),
are projected to reach the commercial
annual catch limit (ACL) on July 7,
2013. Therefore, NMFS closes the
commercial sector for gray triggerfish in
the South Atlantic EEZ on July 7, 2013,
and it will remain closed until the start
of the next fishing season, January 1,
2014. This closure is necessary to
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m.,
local time, July 7, 2013, until 12:01 a.m.,
local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email:
Catherine.Hayslip@noaa.gov.
SUMMARY:
The
snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The 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 by
regulations at 50 CFR part 622.
The commercial ACL for gray
triggerfish in the South Atlantic is
305,262 lb (138,465 kg), round weight,
SUPPLEMENTARY INFORMATION:
■
§ 5b.11
Dated: June 14, 2013.
Kathleen Sebelius,
Secretary of Health and Human Services.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
for the current fishing year, January 1
through December 31, 2013, as specified
in 50 CFR 622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1), NMFS is
required to close the commercial sector
for gray triggerfish when the commercial
ACL is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL for South Atlantic gray
triggerfish will have been reached by
July 7, 2013. Accordingly, the
commercial sector for South Atlantic
gray triggerfish is closed effective 12:01
a.m., local time, July 7, 2013, until 12:01
a.m., local time, January 1, 2014.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having gray
triggerfish onboard must have landed
and bartered, traded, or sold such gray
triggerfish prior to 12:01 a.m., local
time, July 7, 2013. During the closure,
the bag limit specified in 50 CFR
622.187(b)(8), applies to all harvest or
possession of gray triggerfish in or from
the South Atlantic EEZ. During the
closure, the possession limits specified
in 50 CFR 622.187(c), apply to all
harvest or possession of gray triggerfish
in or from the South Atlantic EEZ.
During the closure, the sale or purchase
of gray triggerfish taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to the sale or
purchase of gray triggerfish that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, July 7, 2013,
and were held in cold storage by a
dealer or processor.
For a person on board a vessel for
which a Federal commercial or charter
vessel/headboat permit for the South
Atlantic snapper-grouper fishery has
been issued, the bag and possession
limit provisions of the commercial
closure for gray triggerfish would apply
regardless of whether the fish are
harvested in state or Federal waters, as
specified in 50 CFR 622.193(q)(1)(i).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of gray triggerfish and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act, the FMP, and other
applicable laws.
This action is taken under 50 CFR
622.193(q)(1) 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
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 78, No. 126 / Monday, July 1, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
without opportunity for prior notice and
comment.
This action responds to the best
available scientific information recently
obtained from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the
commercial sector for gray triggerfish
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
VerDate Mar<15>2010
17:40 Jun 28, 2013
Jkt 229001
the public interest. Such procedures
would be unnecessary because the rule
itself has been subject to notice and
comment, and all that remains is to
notify the public of the closure.
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 gray triggerfish
since the capacity of the fishing fleet
allows for rapid harvest of the
commercial ACL. Prior notice and
opportunity for public comment would
require time and would potentially
PO 00000
Frm 00027
Fmt 4700
Sfmt 9990
39189
result in a harvest well in excess of the
established commercial ACL.
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 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–15698 Filed 6–26–13; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Rules and Regulations]
[Pages 39188-39189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15698]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC728
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for South Atlantic
Gray Triggerfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for commercial
gray triggerfish in the exclusive economic zone (EEZ) of the South
Atlantic. Commercial landings for gray triggerfish, as estimated by the
Science and Research Director (SRD), are projected to reach the
commercial annual catch limit (ACL) on July 7, 2013. Therefore, NMFS
closes the commercial sector for gray triggerfish in the South Atlantic
EEZ on July 7, 2013, and it will remain closed until the start of the
next fishing season, January 1, 2014. This closure is necessary to
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, July 7, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The 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 by regulations
at 50 CFR part 622.
The commercial ACL for gray triggerfish in the South Atlantic is
305,262 lb (138,465 kg), round weight, for the current fishing year,
January 1 through December 31, 2013, as specified in 50 CFR
622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1), NMFS is required to close the
commercial sector for gray triggerfish when the commercial ACL is
reached, or is projected to be reached, by filing a notification to
that effect with the Office of the Federal Register. NMFS has
determined that the commercial ACL for South Atlantic gray triggerfish
will have been reached by July 7, 2013. Accordingly, the commercial
sector for South Atlantic gray triggerfish is closed effective 12:01
a.m., local time, July 7, 2013, until 12:01 a.m., local time, January
1, 2014.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having gray triggerfish onboard must
have landed and bartered, traded, or sold such gray triggerfish prior
to 12:01 a.m., local time, July 7, 2013. During the closure, the bag
limit specified in 50 CFR 622.187(b)(8), applies to all harvest or
possession of gray triggerfish in or from the South Atlantic EEZ.
During the closure, the possession limits specified in 50 CFR
622.187(c), apply to all harvest or possession of gray triggerfish in
or from the South Atlantic EEZ. During the closure, the sale or
purchase of gray triggerfish taken from the EEZ is prohibited. The
prohibition on sale or purchase does not apply to the sale or purchase
of gray triggerfish that were harvested, landed ashore, and sold prior
to 12:01 a.m., local time, July 7, 2013, and were held in cold storage
by a dealer or processor.
For a person on board a vessel for which a Federal commercial or
charter vessel/headboat permit for the South Atlantic snapper-grouper
fishery has been issued, the bag and possession limit provisions of the
commercial closure for gray triggerfish would apply regardless of
whether the fish are harvested in state or Federal waters, as specified
in 50 CFR 622.193(q)(1)(i).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
gray triggerfish and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act, the FMP, and other applicable
laws.
This action is taken under 50 CFR 622.193(q)(1) 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
[[Page 39189]]
without opportunity for prior notice and comment.
This action responds to the best available scientific information
recently obtained from the fishery. The Assistant Administrator for
Fisheries, NOAA, (AA), finds that the need to immediately implement
this action to close the commercial sector for gray triggerfish
constitutes good cause to waive the requirements to provide prior
notice and opportunity for public comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary
and contrary to the public interest. Such procedures would be
unnecessary because the rule itself has been subject to notice and
comment, and all that remains is to notify the public of the closure.
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 gray triggerfish since the capacity of
the fishing fleet allows for rapid harvest of the commercial ACL. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
commercial ACL.
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 26, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-15698 Filed 6-26-13; 4:15 pm]
BILLING CODE 3510-22-P
