Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Abbreviated Framework, 46292-46294 [2013-18434]
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46292
1552.237–70
Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
[Amended]
DEPARTMENT OF COMMERCE
39. Amend section 1552.237–70 by
removing the words ‘‘Project Officer’’
and adding in their place the words
‘‘Contracting Officer’s Representative’’
wherever they appear in paragraphs (b)
and (c)(1) and (3).
■
1552.237–71
[Amended]
41. Amend section 1552.237–74 in the
introductory text and paragraph (a) by
removing the words ‘‘Project Officer’’
and adding in their place the words
‘‘Contracting Officer’s Representative’’.
■
1552.239–70
■
■
[Removed]
42. Remove section 1552.239–70.
1552.239–103
[Removed]
43. Remove section 1552.239–103.
1552.245–70
[Amended]
45. Amend section 1552.245–70 in the
clause heading by removing the first
occurrence of the words ‘‘Government
Property’’ and to adding ‘‘(SEPT 2009)’’
after the second occurrence.
■
1552.245–71
[Amended]
46. Amend section 1552.245–71 by
adding ‘‘(SEPT. 2009)’’ after the clause
heading.
■
Appendix I to Chapter 15 [Removed]
■
47. Remove Appendix I to Chapter 15.
[FR Doc. 2013–18037 Filed 7–30–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 195
Transportation of Hazardous Liquids
by Pipeline
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 178 to 199, revised as
of October 1, 2012, on page 551, in
§ 195.2, the words ‘‘related parameters.’’
are added at the end of the definition of
Alarm.
ehiers on DSK2VPTVN1PROD with RULES
■
[FR Doc. 2013–18546 Filed 7–30–13; 8:45 am]
BILLING CODE 1505–01–D
VerDate Mar<15>2010
14:07 Jul 30, 2013
50 CFR Part 622
[Docket No. 130326296–3642–02]
RIN 0648–BD10
[Amended]
40. Amend section 1552.237–71 by
removing the words ‘‘contracting officer
technical representative’’ and adding in
their place the words ‘‘Contracting
Officer’s Representative’’ in paragraphs
(b) introductory text, (c) introductory
text, (d), (e) introductory text, and (g).
■
1552.237–74
National Oceanic and Atmospheric
Administration
Jkt 229001
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Abbreviated Framework
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement management measures
described in an abbreviated framework
to the Fishery Management Plans
(FMPs) for the Reef Fish Resources of
the Gulf of Mexico prepared by the Gulf
of Mexico Fishery Management Council
(Gulf Council), and Coastal Migratory
Pelagic Resources prepared by the Gulf
Council and the South Atlantic Fishery
Management Council (South Atlantic
Council). This final rule eliminates the
requirement to submit a current
certificate of inspection (COI) provided
by the U.S. Coast Guard (USCG) with
the application to renew or transfer a
Federal Gulf of Mexico (Gulf) coastal
migratory pelagic (CMP) or reef fish
charter vessel/headboat permit
(hereafter referred to as a for-hire
permit) and eliminates the restriction on
transferring for-hire permits to a vessel
of greater authorized passenger capacity
than specified on the permit. This final
rule also prohibits the harvest or
possession of CMP or reef fish species
on a vessel with a Gulf for-hire permit
that is carrying more passengers than is
specified on the permit. The purpose of
this final rule is to simplify the
passenger capacity requirements for
transfers and renewals of Gulf CMP and
reef fish for-hire permits to provide
more flexibility in the use of these
permitted vessels.
DATES: This rule is effective August 30,
2013.
ADDRESSES: Electronic copies of the
abbreviated framework, which includes
a regulatory impact review, a Regulatory
Flexibility Act analysis, and a social
impact assessment, may be obtained
from the Southeast Regional Office Web
site at https://sero.nmfs.noaa.gov.
Comments regarding the burden-hour
estimates or other aspects of the
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
collection-of-information requirements
contained in this final rule may be
submitted in writing to Anik Clemens,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701; and Office of Management and
Budget (OMB), by email at
OIRA_Submission@omb.eop.gov, or by
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
telephone 727–824–5305, email
Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish and CMP fisheries are managed
under their respective FMPs. The Gulf
reef fish FMP was prepared by the Gulf
Council and the CMP FMP was
prepared by the Gulf and South Atlantic
Councils and both FMPs are
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On June 21, 2013, NMFS published a
proposed rule for the abbreviated
framework and requested public
comment (78 FR 37500). The proposed
rule and abbreviated framework outline
the rationale for the actions contained in
the final rule. A summary of the actions
implemented by this final rule is
provided below.
Current regulations limit Gulf for-hire
permit transfers and renewals to vessels
that have the same passenger capacity or
a lower passenger capacity to limit
overall fishing effort. Because passenger
capacity is currently based on the USCG
COI, this limits the ability of the owner
of a permitted vessel to transfer the Gulf
for-hire permit to a vessel that has a
higher passenger capacity listed on the
COI or to renew the permit under the
higher passenger capacity listed on the
COI. Under such scenarios, the only
way to renew or transfer a permit is to
have the USCG adjust the COI so that it
is less than or equal to the passenger
capacity identified on the Gulf for-hire
permit, which was based on the COI of
the vessel when the moratorium Gulf
for-hire permit was first issued, even
though a vessel could safely carry more
passengers, or subsequently has had the
COI revised to carry more passengers.
This final rule eliminates the
requirement to submit a current USCG
COI with the application to renew or
transfer a Gulf for-hire permit,
eliminates the restriction on transferring
for-hire permits to a vessel of greater
authorized passenger capacity than
specified on the permit, and implements
a provision that prohibits the harvest or
possession of reef fish or CMP species
on a vessel with a Gulf for-hire permit
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
that is carrying more passengers than
specified on the vessel’s Gulf for-hire
permit. Because the passenger capacity
for the Gulf for-hire vessel when fishing
will be based on the COI of the vessel
when the moratorium Gulf for-hire
permit was first issued, the cap on
fishing effort, which was the original
purpose of the moratorium permits, will
be maintained. As a result of this action,
the requirements to renew or transfer a
Gulf for-hire permit are simplified, forhire effort control in the reef fish and
CMP fisheries will be maintained, and
vessel owners will be allowed to carry
more passengers for non-fishing
activities if their COI is greater than the
passenger capacity on their fore-hire
permit.
ehiers on DSK2VPTVN1PROD with RULES
Comments and Responses
NMFS received three comments from
individuals on the abbreviated
framework and the proposed rule. All
three comments were in support of the
actions contained in the abbreviated
framework and the proposed rule.
NMFS agrees with these comments. No
changes were made in the final rule
based on public comment.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
necessary for the management of the
Gulf reef fish and coastal migratory
pelagic fisheries and is consistent with
the abbreviated framework, the FMP,
the Magnuson-Stevens Act and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis was not required and none was
prepared.
This final rule contains collection-ofinformation requirements subject to the
requirements of the Paperwork
Reduction Act (PRA), which have been
approved by OMB under control
number 0648–0205. NMFS estimates
eliminating the requirement for Gulf forhire permit holders to submit a current
VerDate Mar<15>2010
14:07 Jul 30, 2013
Jkt 229001
COI to renew or transfer a Gulf reef fish
or CMP for-hire permit decreases the
overall reporting burden under OMB
control number 0648–0205. The
requirement to submit a current COI is
removed from the instructions on the
Federal Permit Application for Vessels
Fishing in the EEZ and a COI does not
need to be submitted with the
application to renew or transfer a
permit. NMFS estimates these
requirements decrease the reporting
burden for Gulf for-hire permit holders
who are renewing or transferring a Gulf
for-hire permit on average by 1 minute
per response. These estimates of the
public reporting burden include the
time for reviewing instructions,
gathering and maintaining the data
needed, and completing and reviewing
the collection-of-information. Send
comments regarding the burden
estimate or any other aspect of the
collection-of-information requirement,
including suggestions for reducing the
burden, to NMFS and to OMB (see
ADDRESSES).
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection-of-information subject to the
requirements of the PRA, unless that
collection-of-information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 622
Certificate of inspection, Fisheries,
Fishing, For-Hire, Gulf, Reporting and
recordkeeping requirements.
Dated: July 25, 2013.
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 set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.13, paragraph (g) is added
to read as follows:
■
§ 622.13
Prohibitions—general.
*
*
*
*
*
(g) Fail to comply with the passenger
capacity related requirements in
§§ 622.20(b)(1) and 622.373(b)(1).
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
46293
3. In § 622.20, paragraphs (b)(1)(i)(A)
and (B) are revised and paragraph
(b)(1)(iv) is added to read as follows:
■
§ 622.20
Permits and endorsements.
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * *
(A) Permits without a historical
captain endorsement. A charter vessel/
headboat permit for Gulf reef fish that
does not have a historical captain
endorsement is fully transferable, with
or without sale of the permitted vessel.
(B) Permits with a historical captain
endorsement. A charter vessel/headboat
permit for Gulf reef fish that has a
historical captain endorsement may
only be transferred to a vessel operated
by the historical captain and is not
otherwise transferable.
*
*
*
*
*
(iv) Passenger capacity compliance
requirement. A vessel operating as a
charter vessel or headboat with a valid
charter vessel/headboat permit for Gulf
reef fish, which is carrying more
passengers on board the vessel than is
specified on the permit, is prohibited
from harvesting or possessing the
species identified on the permit.
*
*
*
*
*
4. In § 622.373, paragraphs (b)(1) and
(2) are revised and paragraph (e) is
added to read as follows:
■
§ 622.373 Limited access system for
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.
*
*
*
*
*
(b) * * *
(1) Permits without a historical
captain endorsement. A charter vessel/
headboat permit for Gulf coastal
migratory pelagic fish that does not have
a historical captain endorsement is fully
transferable, with or without sale of the
permitted vessel.
(2) Permits with a historical captain
endorsement. A charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish that has a historical captain
endorsement may only be transferred to
a vessel operated by the historical
captain and is not otherwise
transferable.
*
*
*
*
*
(e) Passenger capacity compliance
requirement. A vessel operating as a
charter vessel or headboat with a valid
charter vessel/headboat permit for Gulf
coastal migratory pelagic fish, which is
carrying more passengers on board the
vessel than is specified on the permit,
is prohibited from harvesting or
E:\FR\FM\31JYR1.SGM
31JYR1
46294
Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
possessing the species identified on the
permit.
[FR Doc. 2013–18434 Filed 7–30–13; 8:45 am]
ehiers on DSK2VPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
14:07 Jul 30, 2013
Jkt 229001
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46292-46294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18434]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130326296-3642-02]
RIN 0648-BD10
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic
Resources of the Gulf of Mexico and South Atlantic; Abbreviated
Framework
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement management measures
described in an abbreviated framework to the Fishery Management Plans
(FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by
the Gulf of Mexico Fishery Management Council (Gulf Council), and
Coastal Migratory Pelagic Resources prepared by the Gulf Council and
the South Atlantic Fishery Management Council (South Atlantic Council).
This final rule eliminates the requirement to submit a current
certificate of inspection (COI) provided by the U.S. Coast Guard (USCG)
with the application to renew or transfer a Federal Gulf of Mexico
(Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/
headboat permit (hereafter referred to as a for-hire permit) and
eliminates the restriction on transferring for-hire permits to a vessel
of greater authorized passenger capacity than specified on the permit.
This final rule also prohibits the harvest or possession of CMP or reef
fish species on a vessel with a Gulf for-hire permit that is carrying
more passengers than is specified on the permit. The purpose of this
final rule is to simplify the passenger capacity requirements for
transfers and renewals of Gulf CMP and reef fish for-hire permits to
provide more flexibility in the use of these permitted vessels.
DATES: This rule is effective August 30, 2013.
ADDRESSES: Electronic copies of the abbreviated framework, which
includes a regulatory impact review, a Regulatory Flexibility Act
analysis, and a social impact assessment, may be obtained from the
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
Comments regarding the burden-hour estimates or other aspects of
the collection-of-information requirements contained in this final rule
may be submitted in writing to Anik Clemens, Southeast Regional Office,
NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; and Office of
Management and Budget (OMB), by email at OIRA_Submission@omb.eop.gov,
or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
telephone 727-824-5305, email Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish and CMP fisheries are
managed under their respective FMPs. The Gulf reef fish FMP was
prepared by the Gulf Council and the CMP FMP was prepared by the Gulf
and South Atlantic Councils and both FMPs are implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
On June 21, 2013, NMFS published a proposed rule for the
abbreviated framework and requested public comment (78 FR 37500). The
proposed rule and abbreviated framework outline the rationale for the
actions contained in the final rule. A summary of the actions
implemented by this final rule is provided below.
Current regulations limit Gulf for-hire permit transfers and
renewals to vessels that have the same passenger capacity or a lower
passenger capacity to limit overall fishing effort. Because passenger
capacity is currently based on the USCG COI, this limits the ability of
the owner of a permitted vessel to transfer the Gulf for-hire permit to
a vessel that has a higher passenger capacity listed on the COI or to
renew the permit under the higher passenger capacity listed on the COI.
Under such scenarios, the only way to renew or transfer a permit is to
have the USCG adjust the COI so that it is less than or equal to the
passenger capacity identified on the Gulf for-hire permit, which was
based on the COI of the vessel when the moratorium Gulf for-hire permit
was first issued, even though a vessel could safely carry more
passengers, or subsequently has had the COI revised to carry more
passengers.
This final rule eliminates the requirement to submit a current USCG
COI with the application to renew or transfer a Gulf for-hire permit,
eliminates the restriction on transferring for-hire permits to a vessel
of greater authorized passenger capacity than specified on the permit,
and implements a provision that prohibits the harvest or possession of
reef fish or CMP species on a vessel with a Gulf for-hire permit
[[Page 46293]]
that is carrying more passengers than specified on the vessel's Gulf
for-hire permit. Because the passenger capacity for the Gulf for-hire
vessel when fishing will be based on the COI of the vessel when the
moratorium Gulf for-hire permit was first issued, the cap on fishing
effort, which was the original purpose of the moratorium permits, will
be maintained. As a result of this action, the requirements to renew or
transfer a Gulf for-hire permit are simplified, for-hire effort control
in the reef fish and CMP fisheries will be maintained, and vessel
owners will be allowed to carry more passengers for non-fishing
activities if their COI is greater than the passenger capacity on their
fore-hire permit.
Comments and Responses
NMFS received three comments from individuals on the abbreviated
framework and the proposed rule. All three comments were in support of
the actions contained in the abbreviated framework and the proposed
rule. NMFS agrees with these comments. No changes were made in the
final rule based on public comment.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary for the management of the Gulf reef
fish and coastal migratory pelagic fisheries and is consistent with the
abbreviated framework, the FMP, the Magnuson-Stevens Act and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. No comments were received
regarding the certification and NMFS has not received any new
information that would affect its determination. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
This final rule contains collection-of-information requirements
subject to the requirements of the Paperwork Reduction Act (PRA), which
have been approved by OMB under control number 0648-0205. NMFS
estimates eliminating the requirement for Gulf for-hire permit holders
to submit a current COI to renew or transfer a Gulf reef fish or CMP
for-hire permit decreases the overall reporting burden under OMB
control number 0648-0205. The requirement to submit a current COI is
removed from the instructions on the Federal Permit Application for
Vessels Fishing in the EEZ and a COI does not need to be submitted with
the application to renew or transfer a permit. NMFS estimates these
requirements decrease the reporting burden for Gulf for-hire permit
holders who are renewing or transferring a Gulf for-hire permit on
average by 1 minute per response. These estimates of the public
reporting burden include the time for reviewing instructions, gathering
and maintaining the data needed, and completing and reviewing the
collection-of-information. Send comments regarding the burden estimate
or any other aspect of the collection-of-information requirement,
including suggestions for reducing the burden, to NMFS and to OMB (see
ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with, a collection-of-information subject to the requirements
of the PRA, unless that collection-of-information displays a currently
valid OMB control number.
List of Subjects in 50 CFR Part 622
Certificate of inspection, Fisheries, Fishing, For-Hire, Gulf,
Reporting and recordkeeping requirements.
Dated: July 25, 2013.
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 set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.13, paragraph (g) is added to read as follows:
Sec. 622.13 Prohibitions--general.
* * * * *
(g) Fail to comply with the passenger capacity related requirements
in Sec. Sec. 622.20(b)(1) and 622.373(b)(1).
0
3. In Sec. 622.20, paragraphs (b)(1)(i)(A) and (B) are revised and
paragraph (b)(1)(iv) is added to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) Permits without a historical captain endorsement. A charter
vessel/headboat permit for Gulf reef fish that does not have a
historical captain endorsement is fully transferable, with or without
sale of the permitted vessel.
(B) Permits with a historical captain endorsement. A charter
vessel/headboat permit for Gulf reef fish that has a historical captain
endorsement may only be transferred to a vessel operated by the
historical captain and is not otherwise transferable.
* * * * *
(iv) Passenger capacity compliance requirement. A vessel operating
as a charter vessel or headboat with a valid charter vessel/headboat
permit for Gulf reef fish, which is carrying more passengers on board
the vessel than is specified on the permit, is prohibited from
harvesting or possessing the species identified on the permit.
* * * * *
0
4. In Sec. 622.373, paragraphs (b)(1) and (2) are revised and
paragraph (e) is added to read as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
* * * * *
(b) * * *
(1) Permits without a historical captain endorsement. A charter
vessel/headboat permit for Gulf coastal migratory pelagic fish that
does not have a historical captain endorsement is fully transferable,
with or without sale of the permitted vessel.
(2) Permits with a historical captain endorsement. A charter
vessel/headboat permit for Gulf coastal migratory pelagic fish that has
a historical captain endorsement may only be transferred to a vessel
operated by the historical captain and is not otherwise transferable.
* * * * *
(e) Passenger capacity compliance requirement. A vessel operating
as a charter vessel or headboat with a valid charter vessel/headboat
permit for Gulf coastal migratory pelagic fish, which is carrying more
passengers on board the vessel than is specified on the permit, is
prohibited from harvesting or
[[Page 46294]]
possessing the species identified on the permit.
[FR Doc. 2013-18434 Filed 7-30-13; 8:45 am]
BILLING CODE 3510-22-P
