Correction; Restatement of Final Rule To Remove the Sunset Provision of the Final Rule Implementing Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales, 34245-34246 [2014-14017]

Download as PDF Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations § 80.1464 What are the attest engagement requirements under the RFS program? * * * * * (g) For the 2013 compliance year, reports required under this section shall be submitted to EPA by January 30, 2015. [FR Doc. 2014–14019 Filed 6–13–14; 8:45 am] section to remove the expiration date and republishes § 224.105 for the convenience of the reader. List of Subjects in 50 CFR Part 224 Endangered marine and anadromous species. Dated: June 10, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration For the reasons set out in the preamble, 50 CFR part 224 is corrected as follows: 50 CFR Part 224 [Docket No. 110819518–4477–03] PART 224—ENDANGERED MARINE AND ANADROMOUS SPECIES RIN 0648–BB20 ■ Correction; Restatement of Final Rule To Remove the Sunset Provision of the Final Rule Implementing Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correcting amendment. AGENCY: NMFS published a document eliminating the expiration date (or ‘‘sunset clause’’) in regulations requiring vessel speed restrictions to reduce the likelihood of lethal vessel collisions with North Atlantic right whales. The DATES section in the preamble of that document did not specify that the expiration date of the original rule was being removed. This document corrects the DATES section to remove the expiration date and republishes § 224.105 for the convenience of the reader. SUMMARY: The expiration of 50 CFR 224.105, as published at 73 FR 60173 (October 10, 2008), is removed effective December 6, 2013. The effective date of this rule is December 6, 2013. FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., Fishery Biologist, Office of Protected Resources, NMFS, at (301) 427–8402. SUPPLEMENTARY INFORMATION: NMFS published a document eliminating the expiration date (or ‘‘sunset clause’’) in regulations requiring vessel speed restrictions to reduce the likelihood of lethal vessel collisions with North Atlantic right whales. The DATES section in the preamble of that document did not specify that the expiration date of the original rule was being removed. This document corrects the DATES emcdonald on DSK67QTVN1PROD with RULES DATES: VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 1. The authority citation for 50 CFR part 224 continues to read as follows: Authority: 16 U.S.C. 1531–1543 and 16 U.S.C. 1361 et seq. 2. In part 224, republish section 224.105 to read as follows: ■ § 224.105 Speed restrictions to protect North Atlantic Right Whales. (a) The following restrictions apply to: All vessels greater than or equal to 65 ft (19.8 m) in overall length and subject to the jurisdiction of the United States, and all other vessels greater than or equal to 65 ft (19.8 m) in overall length entering or departing a port or place subject to the jurisdiction of the United States. These restrictions shall not apply to U.S. vessels owned or operated by, or under contract to, the Federal Government. This exemption extends to foreign sovereign vessels when they are engaging in joint exercises with the U.S. Department of the Navy. In addition, these restrictions do not apply to law enforcement vessels of a State, or political subdivision thereof, when engaged in law enforcement or search and rescue duties. (1) Southeast U.S. (south of St. Augustine, FL to north of Brunswick, GA): Vessels shall travel at a speed of 10 knots or less over ground during the period of November 15 to April 15 each year in the area bounded by the following: Beginning at 31°27′00.0″ N– 080°51′36.0″ W; thence west to charted mean high water line then south along charted mean high water line and inshore limits of COLREGS limit to a latitude of 29°45′00.0″ N thence east to 29°45′00.0″ N–080°51′36.0″ W; thence back to starting point. (Fig. 1). (2) Mid-Atlantic U.S. (from north of Brunswick, Georgia to Rhode Island): Vessels shall travel 10 knots or less over ground in the period November 1 to April 30 each year: PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 34245 (i) In the area bounded by the following: 33°56′42.0″ N–077°31′30.0″ W; thence along a NW bearing of 313.26° True to charted mean high water line then south along mean high water line and inshore limits of COLREGS limit to a latitude of 31°27′00.0″ N; thence east to 31°27′00.0″ N–080°51′36.0″ W; thence to 31°50′00.0″ N–080°33′12.0″ W; thence to 32°59′06.0″ N–078°50′18.0″ W; thence to 33°28′24.0″ N–078°32′30.0″ W; thence to 33°36′30.0″ N–077°47′06.0″ W; thence back to starting point.; (ii) Within a 20-nm (37 km) radius (as measured seaward from COLREGS delineated coast lines and the center point of the port entrance) (Fig. 2) at the (A) Ports of New York/New Jersey: 40°29′42.2″ N–073°55′57.6″ W; (B) Delaware Bay (Ports of Philadelphia and Wilmington): 38°52′27.4″ N–075°01′32.1″ W; (C) Entrance to the Chesapeake Bay (Ports of Hampton Roads and Baltimore): 37°00′36.9″ N–075°57′50.5″ W; and (D) Ports of Morehead City and Beaufort, NC: 34°41′32.0″ N– 076°40′08.3″ W; and (iii) In Block Island Sound, in the area bounded by the following coordinates: Beginning at 40°51′53.7″ N–70°36′44.9″ W; thence to 41°20′14.1″ N–70°49′44.1″ W; thence to 41°04′16.7″ N–71°51′21.0″ W; thence to 40°35′56.5″ N–71°38′25.1″ W; thence back to starting point. (Fig. 2). (3) Northeast U.S. (north of Rhode Island): (i) In Cape Cod Bay, MA: Vessels shall travel at a speed of 10 knots or less over ground during the period of January 1 to May 15 in Cape Cod Bay, in an area beginning at 42°04′56.5″ N–070°12′00.0″ W; thence north to 42°12′00.0″ N– 070°12′00.0″ W; thence due west to charted mean high water line; thence along charted mean high water within Cape Cod Bay back to beginning point. (Fig. 3). (ii) Off Race Point: Vessels shall travel at a speed of 10 knots or less over ground during the period of March 1 to April 30 each year in waters bounded by straight lines connecting the following points in the order stated (Fig. 3): 42°30′00.0″ N–069°45′00.0″ W; thence to 42°30′00.0″ N–070°30′00.0″ W; thence to 42°12′00.0″ N–070°30′00.0″ W; thence to 42°12′00.0″ N–070°12′00.0″ W; thence to 42°04′56.5″ N–070°12′00.0″ W; thence along charted mean high water line and inshore limits of COLREGS limit to a latitude of 41°40′00.0″ N; thence due east to 41°41′00.0″ N–069°45′00.0″ W; thence back to starting point. (iii) Great South Channel: Vessels shall travel at a speed of 10 knots or less over ground during the period of April E:\FR\FM\16JNR1.SGM 16JNR1 34246 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 1 to July 31 each year in all waters bounded by straight lines connecting the following points in the order stated (Fig. 3): 42°30′00.0″ N–069°45′00.0″ W 41°40′00.0″ N–069°45′00.0″ W 41°00′00.0″ N–069°05′00.0″ W 42°09′00.0″ N–067°08′24.0″ W 42°30′00.0″ N–067°27′00.0″ W 42°30′00.0″ N–069°45′00.0″ W (b) Except as noted in paragraph (c) of this section, it is unlawful under this section: (1) For any vessel subject to the jurisdiction of the United States to violate any speed restriction established in paragraph (a) of this section; or (2) For any vessel entering or departing a port or place under the jurisdiction of the United States to violate any speed restriction established in paragraph (a) of this section. (c) A vessel may operate at a speed necessary to maintain safe maneuvering speed instead of the required ten knots only if justified because the vessel is in an area where oceanographic, hydrographic and/or meteorological conditions severely restrict the maneuverability of the vessel and the need to operate at such speed is confirmed by the pilot on board or, when a vessel is not carrying a pilot, the master of the vessel. If a deviation from the ten-knot speed limit is necessary, the reasons for the deviation, the speed at which the vessel is operated, the latitude and longitude of the area, and the time and duration of such deviation shall be entered into the logbook of the vessel. The master of the vessel shall attest to the accuracy of the logbook entry by signing and dating it. (d) No later than January 1, 2019, the National Marine Fisheries Service will publish and seek comment on a report evaluating the conservation value and economic and navigational safety impacts of this section, including any recommendations to minimize burden of such impacts. [FR Doc. 2014–14017 Filed 6–13–14; 8:45 am] emcdonald on DSK67QTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric Administration Susan Gerhart, telephone: 727–824– 5305, or email: Susan.Gerhart@ noaa.gov. [Docket No. 131206999–4466–02] RIN 0648–BD83 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Amendment 20A National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues this final rule to implement Amendment 20A to the Fishery Management Plan for the Coastal Migratory Pelagic Resources (CMP) in the Gulf of Mexico and Atlantic Region (FMP) (Amendment 20A), as prepared and submitted by the Gulf of Mexico (Gulf Council) and South Atlantic Fishery Management Council (South Atlantic Council) (collectively, the Councils). This final rule restricts sales of king and Spanish mackerel caught under the bag limit (those fish harvested by vessels that do not have a valid commercial vessel permit for king or Spanish mackerel and are subject to the bag limits) and removes the income qualification requirements for king and Spanish mackerel commercial vessel permits. The purpose of this final rule is to obtain more accurate landings data while ensuring the CMP fishery resources are utilized efficiently. DATES: This rule is effective July 16, 2014, except for the amendments to § 622.386(d) and (e), which are effective August 7, 2014. ADDRESSES: Electronic copies of the documents supporting this final rule, which include an environmental assessment, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_sa/cmp/. 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 the Office of Management and Budget (OMB), by email at OIRA Submission@omb.eop.gov, or by fax to 202–395–7285. SUMMARY: PO 00000 Frm 00034 Fmt 4700 The CMP fishery in the Gulf of Mexico (Gulf) and the Atlantic is managed under the FMP. The FMP was prepared by the Councils and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On March 3, 2014, NMFS published a notice of availability for Amendment 20A and requested public comment (79 FR 11748). On March 19, 2014, NMFS published a proposed rule for Amendment 20A and requested public comment (79 FR 15284). NMFS approved Amendment 20A on May 30, 2014. The proposed rule and Amendment 20A outline the rationale for the actions contained in this final rule. A summary of the actions implemented by this final rule is provided below. SUPPLEMENTARY INFORMATION: 50 CFR Part 622 Sfmt 4700 Management Measures Contained in This Final Rule For the Gulf region, this final rule prohibits the sale of bag-limit-caught king and Spanish mackerel, except in two limited circumstances. First, baglimit-caught king and Spanish mackerel may be sold when harvested during a for-hire trip on a vessel with both a Gulf Charter Vessel/Headboat Coastal Migratory Pelagic Fish Permit and either a King Mackerel Commercial Permit or a Spanish Mackerel Commercial Permit, as appropriate to the species harvested or possessed (dually permitted vessel). The purpose of this exception is to preserve a historic practice that is important to Gulf charter and headboat businesses on the west coast of Florida. Florida is the only Gulf state that currently allows the sale of recreationally-caught fish and Florida requires that fishermen have the appropriate permits, including a Federal commercial vessel permit, to sell these fish. Second, king and Spanish mackerel harvested during state-permitted tournaments may be donated to a dealer who has a state or Federal dealer permit and then sold by that dealer, if the proceeds are donated to charity. Dealers receiving such fish must report them as tournament-caught fish. For the Atlantic region, this final rule prohibits the sale of all bag-limit-caught king and Spanish mackerel, except those harvested during a state-permitted tournament. As in the Gulf, king and Spanish mackerel harvested during state-permitted tournaments may be E:\FR\FM\16JNR1.SGM 16JNR1

Agencies

[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34245-34246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14017]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 110819518-4477-03]
RIN 0648-BB20


Correction; Restatement of Final Rule To Remove the Sunset 
Provision of the Final Rule Implementing Vessel Speed Restrictions To 
Reduce the Threat of Ship Collisions With North Atlantic Right Whales

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

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: NMFS published a document eliminating the expiration date (or 
``sunset clause'') in regulations requiring vessel speed restrictions 
to reduce the likelihood of lethal vessel collisions with North 
Atlantic right whales. The DATES section in the preamble of that 
document did not specify that the expiration date of the original rule 
was being removed. This document corrects the DATES section to remove 
the expiration date and republishes Sec.  224.105 for the convenience 
of the reader.

DATES: The expiration of 50 CFR 224.105, as published at 73 FR 60173 
(October 10, 2008), is removed effective December 6, 2013. The 
effective date of this rule is December 6, 2013.

FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., Fishery 
Biologist, Office of Protected Resources, NMFS, at (301) 427-8402.

SUPPLEMENTARY INFORMATION: NMFS published a document eliminating the 
expiration date (or ``sunset clause'') in regulations requiring vessel 
speed restrictions to reduce the likelihood of lethal vessel collisions 
with North Atlantic right whales. The DATES section in the preamble of 
that document did not specify that the expiration date of the original 
rule was being removed. This document corrects the DATES section to 
remove the expiration date and republishes Sec.  224.105 for the 
convenience of the reader.

List of Subjects in 50 CFR Part 224

    Endangered marine and anadromous species.

    Dated: June 10, 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 part 224 is 
corrected as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for 50 CFR part 224 continues to read as 
follows:

    Authority:  16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.


0
2. In part 224, republish section 224.105 to read as follows:


Sec.  224.105  Speed restrictions to protect North Atlantic Right 
Whales.

    (a) The following restrictions apply to: All vessels greater than 
or equal to 65 ft (19.8 m) in overall length and subject to the 
jurisdiction of the United States, and all other vessels greater than 
or equal to 65 ft (19.8 m) in overall length entering or departing a 
port or place subject to the jurisdiction of the United States. These 
restrictions shall not apply to U.S. vessels owned or operated by, or 
under contract to, the Federal Government. This exemption extends to 
foreign sovereign vessels when they are engaging in joint exercises 
with the U.S. Department of the Navy. In addition, these restrictions 
do not apply to law enforcement vessels of a State, or political 
subdivision thereof, when engaged in law enforcement or search and 
rescue duties.
    (1) Southeast U.S. (south of St. Augustine, FL to north of 
Brunswick, GA): Vessels shall travel at a speed of 10 knots or less 
over ground during the period of November 15 to April 15 each year in 
the area bounded by the following: Beginning at 31[deg]27'00.0'' N-
080[deg]51'36.0'' W; thence west to charted mean high water line then 
south along charted mean high water line and inshore limits of COLREGS 
limit to a latitude of 29[deg]45'00.0'' N thence east to 
29[deg]45'00.0'' N-080[deg]51'36.0'' W; thence back to starting point. 
(Fig. 1).
    (2) Mid-Atlantic U.S. (from north of Brunswick, Georgia to Rhode 
Island): Vessels shall travel 10 knots or less over ground in the 
period November 1 to April 30 each year:
    (i) In the area bounded by the following: 33[deg]56'42.0'' N-
077[deg]31'30.0'' W; thence along a NW bearing of 313.26[deg] True to 
charted mean high water line then south along mean high water line and 
inshore limits of COLREGS limit to a latitude of 31[deg]27'00.0'' N; 
thence east to 31[deg]27'00.0'' N-080[deg]51'36.0'' W; thence to 
31[deg]50'00.0'' N-080[deg]33'12.0'' W; thence to 32[deg]59'06.0'' N-
078[deg]50'18.0'' W; thence to 33[deg]28'24.0'' N-078[deg]32'30.0'' W; 
thence to 33[deg]36'30.0'' N-077[deg]47'06.0'' W; thence back to 
starting point.;
    (ii) Within a 20-nm (37 km) radius (as measured seaward from 
COLREGS delineated coast lines and the center point of the port 
entrance) (Fig. 2) at the
    (A) Ports of New York/New Jersey: 40[deg]29'42.2'' N-
073[deg]55'57.6'' W;
    (B) Delaware Bay (Ports of Philadelphia and Wilmington): 
38[deg]52'27.4'' N-075[deg]01'32.1'' W;
    (C) Entrance to the Chesapeake Bay (Ports of Hampton Roads and 
Baltimore): 37[deg]00'36.9'' N-075[deg]57'50.5'' W; and
    (D) Ports of Morehead City and Beaufort, NC: 34[deg]41'32.0'' N-
076[deg]40'08.3'' W; and
    (iii) In Block Island Sound, in the area bounded by the following 
coordinates: Beginning at 40[deg]51'53.7'' N-70[deg]36'44.9'' W; thence 
to 41[deg]20'14.1'' N-70[deg]49'44.1'' W; thence to 41[deg]04'16.7'' N-
71[deg]51'21.0'' W; thence to 40[deg]35'56.5'' N-71[deg]38'25.1'' W; 
thence back to starting point. (Fig. 2).
    (3) Northeast U.S. (north of Rhode Island):
    (i) In Cape Cod Bay, MA: Vessels shall travel at a speed of 10 
knots or less over ground during the period of January 1 to May 15 in 
Cape Cod Bay, in an area beginning at 42[deg]04'56.5'' N-
070[deg]12'00.0'' W; thence north to 42[deg]12'00.0'' N-
070[deg]12'00.0'' W; thence due west to charted mean high water line; 
thence along charted mean high water within Cape Cod Bay back to 
beginning point. (Fig. 3).
    (ii) Off Race Point: Vessels shall travel at a speed of 10 knots or 
less over ground during the period of March 1 to April 30 each year in 
waters bounded by straight lines connecting the following points in the 
order stated (Fig. 3): 42[deg]30'00.0'' N-069[deg]45'00.0'' W; thence 
to 42[deg]30'00.0'' N-070[deg]30'00.0'' W; thence to 42[deg]12'00.0'' 
N-070[deg]30'00.0'' W; thence to 42[deg]12'00.0'' N-070[deg]12'00.0'' 
W; thence to 42[deg]04'56.5'' N-070[deg]12'00.0'' W; thence along 
charted mean high water line and inshore limits of COLREGS limit to a 
latitude of 41[deg]40'00.0'' N; thence due east to 41[deg]41'00.0'' N-
069[deg]45'00.0'' W; thence back to starting point.
    (iii) Great South Channel: Vessels shall travel at a speed of 10 
knots or less over ground during the period of April

[[Page 34246]]

1 to July 31 each year in all waters bounded by straight lines 
connecting the following points in the order stated (Fig. 3):
    42[deg]30'00.0'' N-069[deg]45'00.0'' W
    41[deg]40'00.0'' N-069[deg]45'00.0'' W
    41[deg]00'00.0'' N-069[deg]05'00.0'' W
    42[deg]09'00.0'' N-067[deg]08'24.0'' W
    42[deg]30'00.0'' N-067[deg]27'00.0'' W
    42[deg]30'00.0'' N-069[deg]45'00.0'' W
    (b) Except as noted in paragraph (c) of this section, it is 
unlawful under this section:
    (1) For any vessel subject to the jurisdiction of the United States 
to violate any speed restriction established in paragraph (a) of this 
section; or
    (2) For any vessel entering or departing a port or place under the 
jurisdiction of the United States to violate any speed restriction 
established in paragraph (a) of this section.
    (c) A vessel may operate at a speed necessary to maintain safe 
maneuvering speed instead of the required ten knots only if justified 
because the vessel is in an area where oceanographic, hydrographic and/
or meteorological conditions severely restrict the maneuverability of 
the vessel and the need to operate at such speed is confirmed by the 
pilot on board or, when a vessel is not carrying a pilot, the master of 
the vessel. If a deviation from the ten-knot speed limit is necessary, 
the reasons for the deviation, the speed at which the vessel is 
operated, the latitude and longitude of the area, and the time and 
duration of such deviation shall be entered into the logbook of the 
vessel. The master of the vessel shall attest to the accuracy of the 
logbook entry by signing and dating it.
    (d) No later than January 1, 2019, the National Marine Fisheries 
Service will publish and seek comment on a report evaluating the 
conservation value and economic and navigational safety impacts of this 
section, including any recommendations to minimize burden of such 
impacts.

[FR Doc. 2014-14017 Filed 6-13-14; 8:45 am]
BILLING CODE 3510-22-P
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