Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Highly Migratory Species; Withdrawal of Emergency Regulations Related to the Deepwater Horizon MC252 Oil Spill, 10028-10029 [2014-03914]
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Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations
mitigation) on the species, its habitat,
and on the availability of the species for
subsistence uses; and
(3) Requirements for monitoring and
reporting.
(f) Issuance of the Letter of
Authorization shall be based on a
determination that the level of taking
will be consistent with the findings
made for the total taking allowable
under these regulations.
(g) Notice of issuance or denial of a
Letter of Authorization shall be
published in the Federal Register
within 30 days of a determination.
rmajette on DSK2TPTVN1PROD with RULES
§ 217.67 Renewals and modifications of
Letters of Authorization.
(a) A Letter of Authorization issued
under § 216.106 and § 217.66 of this
chapter for the activity identified in
§ 217.60(a) shall be renewed or modified
upon request by the applicant, provided
that:
(1) The proposed specified activity
and mitigation, monitoring, and
reporting measures, as well as the
anticipated impacts, are the same as
those described and analyzed for these
regulations (excluding changes made
pursuant to the adaptive management
provision in § 217.67(c)(1) of this
chapter), and
(2) NMFS determines that the
mitigation, monitoring, and reporting
measures required by the previous
Letter of Authorization under these
regulations were implemented.
(b) For Letter of Authorization
modification or renewal requests by the
applicant that include changes to the
activity or the mitigation, monitoring, or
reporting (excluding changes made
pursuant to the adaptive management
provision in § 217.67(c)(1)) that do not
change the findings made for the
regulations or result in no more than a
minor change in the total estimated
number of takes (or distribution by
species or years), NMFS may publish a
notice of proposed Letter of
Authorization in the Federal Register,
including the associated analysis
illustrating the change, and solicit
public comment before issuing the
Letter of Authorization.
(c) A Letter of Authorization issued
under § 216.106 and § 217.66 of this
chapter for the activity identified in
§ 217.60(a) may be modified by NMFS
under the following circumstances:
(1) Adaptive Management—NMFS
may modify (including augment) the
existing mitigation, monitoring, or
reporting measures (after consulting
with the USAF regarding the
practicability of the modifications) if
doing so creates a reasonable likelihood
of more effectively accomplishing the
VerDate Mar<15>2010
15:17 Feb 21, 2014
Jkt 232001
goals of the mitigation and monitoring
set forth in the preamble for these
regulations.
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in a Letter of Authorization:
(A) Results from the USAF’s
monitoring from the previous year(s).
(B) Results from other marine
mammal and/or sound research or
studies.
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by these regulations or
subsequent Letters of Authorization.
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed Letter of Authorization in
the Federal Register and solicit public
comment.
(2) Emergencies—If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified in § 217.62(c) of this chapter,
a Letter of Authorization may be
modified without prior notice or
opportunity for public comment. Notice
would be published in the Federal
Register within 30 days of the action.
[FR Doc. 2014–03958 Filed 2–21–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622 and 635
[Docket No. 100510220–4111–06]
RIN 0648–AY87 and 0648–AY90
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Highly
Migratory Species; Withdrawal of
Emergency Regulations Related to the
Deepwater Horizon MC252 Oil Spill
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Termination of emergency
regulations.
AGENCY:
NMFS terminates the
emergency regulations promulgated in
response to the Deepwater Horizon
MC252 oil spill. The circumstances that
created the need for emergency shortterm fishing closures no longer exist. As
of April 19, 2011, NMFS reopened all
areas of the Gulf of Mexico (Gulf)
SUMMARY:
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Fmt 4700
Sfmt 4700
exclusive economic zone (EEZ) that
were previously closed to all fishing
because of the oil spill. NMFS has
worked closely with the U.S. Food and
Drug Administration (FDA) to assess
whether seafood from the Gulf EEZ is
tainted or contaminated to levels that
pose a risk to human health. NMFS and
FDA have determined that seafood from
all previously closed areas of the Gulf
EEZ due to the oil spill is safe for
human consumption. Therefore, NMFS
withdraws the emergency regulations
that established a protocol for closing
and reopening portions of the Gulf,
South Atlantic, and Caribbean EEZ that
were or could potentially be affected by
the oil spill. The intent of this rule is to
withdraw the now obsolete regulations
from the codified text. While NMFS and
FDA determined that seafood from areas
previously closed due to the oil spill is
safe for human consumption, NOAA
and other natural resource trustees
continue to study the impacts of the oil
spill through the natural resource
damage assessment process to identify
the extent of injuries to natural
resources and services, as well as the
proposed restoration alternatives to
compensate for such injuries.
DATES: The rule is effective February 24,
2014.
ADDRESSES: Electronic copies of the
documents supporting this final rule
may be downloaded from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov/deepwater_horizon_
oil_spill.htm.
FOR FURTHER INFORMATION CONTACT:
Anik Clemens, telephone: 727–824–
5305, email: anik.clemens@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) provides the
legal authority for the withdrawal of
emergency regulations that respond to
an oil spill under section 305(c).
Background
NMFS responded to the April 20,
2010 Deepwater Horizon MC252 oil
spill by closing a portion of the Gulf
EEZ to all fishing through an emergency
rule effective May 2, 2010 (75 FR 24822,
May 6, 2010). The intent of the
emergency rule was to prohibit the
harvest of adulterated seafood. A second
emergency rule effective May 7, 2010
(75 FR 26679, May 12, 2010), expanded
the closed area in the Gulf.
The oil spill continually shifted
locations in the Gulf and had the
potential to reach the South Atlantic
and/or Caribbean EEZ, due to wind
speed and direction, currents, waves,
and other weather patterns. As the
E:\FR\FM\24FER1.SGM
24FER1
Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations
rmajette on DSK2TPTVN1PROD with RULES
weather conditions controlling the
movement of the oil changed, the oil
could have moved in directions not
initially predicted. A third emergency
rule effective May 11, 2010 (75 FR
27217, May 14, 2010) established
regulations allowing NMFS to close and
reopen portions of the Gulf, South
Atlantic, and Caribbean EEZ to all
fishing, as necessary, as new
information became available, to
respond to the evolving nature of the oil
spill. NMFS announced new closed
areas via Southeast Fishery Bulletins
and NOAA Weather Radio. The public
could also receive updated closure
information by visiting the Southeast
Regional Office Web site, calling the
Deepwater Horizon Oil Spill Hotline,
signing up to receive a text message
about the closure information, or
following Twitter to get a tweet when
the closed area changed. The largest
area of the Gulf EEZ that was closed due
to the oil spill covered 88,522 square
miles (229,270 square km), representing
37 percent of the Gulf EEZ, on June 2,
2010.
this subsection that responds to a public
health emergency or an oil spill may
remain in effect until the circumstances
that created the emergency no longer
exist, provided that the public has an
opportunity to comment after the
regulation is published . . .’’ Because
the public was given an opportunity to
comment on each emergency rule
related to the Deepwater Horizon
MC252 oil spill and the circumstances
that created the need for emergency
short-term fishing closures no longer
exist, NMFS withdraws the emergency
regulations related to the Deepwater
Horizon MC252 oil spill from the
codified text. While NMFS and FDA
determined that seafood from areas
previously closed due to the oil spill is
safe for human consumption, NOAA
and other natural resource trustees
continue to study the impacts of the oil
spill through the natural resource
damage assessment process to identify
the extent of injuries to natural
resources and services, as well as the
proposed restoration alternatives to
compensate for such injuries.
Need for Termination of Regulations
On July 22, 2010, NMFS began
reopening significant areas of the Gulf
that had been previously closed due to
the oil spill. The closed area was
divided into eight smaller areas, where
testing occurred from the outer closed
areas in toward the core area
surrounding the incident site. NMFS
and FDA conducted both sensory and
chemical tests in these areas to
determine if seafood was safe for human
consumption, and reopened areas based
on the results of these tests. On April
19, 2011, NMFS reopened the last area
surrounding the incident site. NMFS
and FDA determined that sensory
testing from this last area showed no
detectable oil or dispersant odors or
flavors in the samples, and the results
of chemical analysis were well below
levels of concern for oil. Therefore, all
portions of the Gulf EEZ previously
closed to all fishing due to the oil spill
are now open and the seafood has been
determined to be safe to eat.
The third emergency rule stated that
the emergency regulations codified in
Title 50 of the Code of Federal
Regulations would remain in effect until
terminated by subsequent rulemaking,
which would occur once the existing
emergency conditions from the oil spill
no longer exist. Section 305(c) of the
Magnuson-Stevens Act provides the
authority for implementing emergency
regulations responding to an oil spill, as
well as the withdrawal of such
regulations. ‘‘Any emergency regulation
or interim measure promulgated under
Classification
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15:17 Feb 21, 2014
Jkt 232001
The Assistant Administrator for
Fisheries, NOAA (AA), has determined
that termination of the emergency
regulations related to the Deepwater
Horizon MC252 oil spill is consistent
with the Magnuson-Stevens Act and
other applicable law.
This action has been determined to be
not significant for purposes of E.O.
12866.
The AA finds good cause under 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public
comment. Prior notice and the
opportunity for public comment is
unnecessary because the public was
given an opportunity to comment on
each emergency rule related to the
Deepwater Horizon MC252 oil spill, and
now the circumstances that created the
need for emergency short-term fishing
closures no longer exist. NMFS and
FDA have determined that seafood from
all previously closed areas of the Gulf
EEZ due to the oil spill is safe for
human consumption. All that remains is
to withdraw the now obsolete
regulations related to the Deepwater
Horizon MC252 oil spill from the
codified text.
For the reasons stated above, the AA
also finds good cause to waive the 30day delay in effective date of this rule
under 5 U.S.C 553(d)(3).
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553 or any other
law, the analytical requirements of the
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Fmt 4700
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10029
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable.
List of Subjects in 50 CFR Parts 622 and
635
Fisheries, Fishing, Deepwater
Horizon.
Dated: February 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR parts 622 and 635 are
amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 622.14
[Removed and Reserved]
2. Section 622.14 is removed and
reserved.
■
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
3. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 635.21
[Amended]
4. In § 635.21, paragraph (a)(4)(vii) is
removed.
■
[FR Doc. 2014–03914 Filed 2–21–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100120035–4085–03]
RIN 0648–AY26
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Amendment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule implements
approved measures in Amendment 14 to
the Atlantic Mackerel, Squid, and
Butterfish (MSB) Fishery Management
Plan (FMP). Amendment 14 was
developed by the Mid-Atlantic Fishery
SUMMARY:
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Rules and Regulations]
[Pages 10028-10029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03914]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 622 and 635
[Docket No. 100510220-4111-06]
RIN 0648-AY87 and 0648-AY90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Highly Migratory Species; Withdrawal of Emergency Regulations Related
to the Deepwater Horizon MC252 Oil Spill
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Termination of emergency regulations.
-----------------------------------------------------------------------
SUMMARY: NMFS terminates the emergency regulations promulgated in
response to the Deepwater Horizon MC252 oil spill. The circumstances
that created the need for emergency short-term fishing closures no
longer exist. As of April 19, 2011, NMFS reopened all areas of the Gulf
of Mexico (Gulf) exclusive economic zone (EEZ) that were previously
closed to all fishing because of the oil spill. NMFS has worked closely
with the U.S. Food and Drug Administration (FDA) to assess whether
seafood from the Gulf EEZ is tainted or contaminated to levels that
pose a risk to human health. NMFS and FDA have determined that seafood
from all previously closed areas of the Gulf EEZ due to the oil spill
is safe for human consumption. Therefore, NMFS withdraws the emergency
regulations that established a protocol for closing and reopening
portions of the Gulf, South Atlantic, and Caribbean EEZ that were or
could potentially be affected by the oil spill. The intent of this rule
is to withdraw the now obsolete regulations from the codified text.
While NMFS and FDA determined that seafood from areas previously closed
due to the oil spill is safe for human consumption, NOAA and other
natural resource trustees continue to study the impacts of the oil
spill through the natural resource damage assessment process to
identify the extent of injuries to natural resources and services, as
well as the proposed restoration alternatives to compensate for such
injuries.
DATES: The rule is effective February 24, 2014.
ADDRESSES: Electronic copies of the documents supporting this final
rule may be downloaded from the Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
FOR FURTHER INFORMATION CONTACT: Anik Clemens, telephone: 727-824-5305,
email: anik.clemens@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) provides the legal authority
for the withdrawal of emergency regulations that respond to an oil
spill under section 305(c).
Background
NMFS responded to the April 20, 2010 Deepwater Horizon MC252 oil
spill by closing a portion of the Gulf EEZ to all fishing through an
emergency rule effective May 2, 2010 (75 FR 24822, May 6, 2010). The
intent of the emergency rule was to prohibit the harvest of adulterated
seafood. A second emergency rule effective May 7, 2010 (75 FR 26679,
May 12, 2010), expanded the closed area in the Gulf.
The oil spill continually shifted locations in the Gulf and had the
potential to reach the South Atlantic and/or Caribbean EEZ, due to wind
speed and direction, currents, waves, and other weather patterns. As
the
[[Page 10029]]
weather conditions controlling the movement of the oil changed, the oil
could have moved in directions not initially predicted. A third
emergency rule effective May 11, 2010 (75 FR 27217, May 14, 2010)
established regulations allowing NMFS to close and reopen portions of
the Gulf, South Atlantic, and Caribbean EEZ to all fishing, as
necessary, as new information became available, to respond to the
evolving nature of the oil spill. NMFS announced new closed areas via
Southeast Fishery Bulletins and NOAA Weather Radio. The public could
also receive updated closure information by visiting the Southeast
Regional Office Web site, calling the Deepwater Horizon Oil Spill
Hotline, signing up to receive a text message about the closure
information, or following Twitter to get a tweet when the closed area
changed. The largest area of the Gulf EEZ that was closed due to the
oil spill covered 88,522 square miles (229,270 square km), representing
37 percent of the Gulf EEZ, on June 2, 2010.
Need for Termination of Regulations
On July 22, 2010, NMFS began reopening significant areas of the
Gulf that had been previously closed due to the oil spill. The closed
area was divided into eight smaller areas, where testing occurred from
the outer closed areas in toward the core area surrounding the incident
site. NMFS and FDA conducted both sensory and chemical tests in these
areas to determine if seafood was safe for human consumption, and
reopened areas based on the results of these tests. On April 19, 2011,
NMFS reopened the last area surrounding the incident site. NMFS and FDA
determined that sensory testing from this last area showed no
detectable oil or dispersant odors or flavors in the samples, and the
results of chemical analysis were well below levels of concern for oil.
Therefore, all portions of the Gulf EEZ previously closed to all
fishing due to the oil spill are now open and the seafood has been
determined to be safe to eat.
The third emergency rule stated that the emergency regulations
codified in Title 50 of the Code of Federal Regulations would remain in
effect until terminated by subsequent rulemaking, which would occur
once the existing emergency conditions from the oil spill no longer
exist. Section 305(c) of the Magnuson-Stevens Act provides the
authority for implementing emergency regulations responding to an oil
spill, as well as the withdrawal of such regulations. ``Any emergency
regulation or interim measure promulgated under this subsection that
responds to a public health emergency or an oil spill may remain in
effect until the circumstances that created the emergency no longer
exist, provided that the public has an opportunity to comment after the
regulation is published . . .'' Because the public was given an
opportunity to comment on each emergency rule related to the Deepwater
Horizon MC252 oil spill and the circumstances that created the need for
emergency short-term fishing closures no longer exist, NMFS withdraws
the emergency regulations related to the Deepwater Horizon MC252 oil
spill from the codified text. While NMFS and FDA determined that
seafood from areas previously closed due to the oil spill is safe for
human consumption, NOAA and other natural resource trustees continue to
study the impacts of the oil spill through the natural resource damage
assessment process to identify the extent of injuries to natural
resources and services, as well as the proposed restoration
alternatives to compensate for such injuries.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that termination of the emergency regulations related to the
Deepwater Horizon MC252 oil spill is consistent with the Magnuson-
Stevens Act and other applicable law.
This action has been determined to be not significant for purposes
of E.O. 12866.
The AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public comment. Prior notice and the
opportunity for public comment is unnecessary because the public was
given an opportunity to comment on each emergency rule related to the
Deepwater Horizon MC252 oil spill, and now the circumstances that
created the need for emergency short-term fishing closures no longer
exist. NMFS and FDA have determined that seafood from all previously
closed areas of the Gulf EEZ due to the oil spill is safe for human
consumption. All that remains is to withdraw the now obsolete
regulations related to the Deepwater Horizon MC252 oil spill from the
codified text.
For the reasons stated above, the AA also finds good cause to waive
the 30-day delay in effective date of this rule under 5 U.S.C
553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable.
List of Subjects in 50 CFR Parts 622 and 635
Fisheries, Fishing, Deepwater Horizon.
Dated: February 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 622 and 635
are amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 622.14 [Removed and Reserved]
0
2. Section 622.14 is removed and reserved.
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
3. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 635.21 [Amended]
0
4. In Sec. 635.21, paragraph (a)(4)(vii) is removed.
[FR Doc. 2014-03914 Filed 2-21-14; 8:45 am]
BILLING CODE 3510-22-P
