Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 27; Correction, 73642-73643 [2020-25498]

Download as PDF 73642 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 19, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 25, 2020. John Busterud, Regional Administrator, Region IX. For the reasons stated in the preamble, the EPA amends, part 52, Chapter I, Title 40 of the Code of Federal Regulations as follows: 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.220 is amended by adding paragraphs (c)(518)(i)(C) and (c)(543) to read as follows: ■ Identification of plan-in part. * * (c) * * * (518) * * * VerDate Sep<11>2014 * [FR Doc. 2020–23552 Filed 11–18–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 201112–0303] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic Region; Regulatory Amendment 27; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. NMFS corrects the final rule that implemented management measures described in Regulatory SUMMARY: * 17:24 Nov 18, 2020 Negative declarations. (a) * * * (2) * * * (v) Negative Declaration for ‘‘Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,’’ EPA–453/R–08–003, September 2008 (Pleasure Craft Coating Portion Only) submitted on June 11, 2018 and adopted on March 22, 2018. * * * * * AGENCY: Subpart F—California * § 52.222 RIN 0648–BK19 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS § 52.220 (i) * * * (C) Sacramento Metropolitan Air Quality Management District. (1) Rule 468, ‘‘Surface Coating of Plastic Parts and Products,’’ adopted on March 22, 2018. (2) [Reserved] * * * * * (543) Negative declaration for following AQMD was submitted on June 11, 2018 by the Governor’s designee. (i) [Reserved] (ii) Additional materials. (A) Sacramento Metropolitan Air Quality Management District. (1) Negative Declaration for ‘‘Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,’’ EPA–453/R–08–003, September 2008 (Pleasure Craft Coating Portion Only), adopted March 22, 2018. (2) [Reserved] (B) [Reserved] ■ 3. Section 52.222 is amended by adding paragraph (a)(2)(v) to read as follows: Jkt 253001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Amendment 27 (Regulatory Amendment 27) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (SnapperGrouper FMP), which published in the Federal Register on January 27, 2020. That final rule modified management measures for commercially-caught red porgy in the South Atlantic exclusive economic zone (EEZ). In that final rule, NMFS inadvertently neglected to remove a regulation prohibiting the sale and purchase of red porgy during the months of January through April. The purpose of this correcting amendment is to fix that error. DATES: This correction is effective November 19, 2020. FOR FURTHER INFORMATION CONTACT: Mary Vara, Southeast Regional Office, NMFS, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: On January 27, 2020, NMFS published a final rule in the Federal Register (85 FR 4588) to implement revisions to commercial management measures contained in Regulatory Amendment 27 that included regulatory revisions for South Atlantic red porgy, among other measures for snapper-grouper species. That final rule became effective on February 26, 2020. Correction In the regulatory text of the final rule for Regulatory Amendment 27, NMFS inadvertently neglected to remove a prohibition on the sale and purchase of red porgy during the months of January through April in 50 CFR 622.192(f) that NMFS said it was removing. The discussions in Regulatory Amendment 27, as well as the associated proposed and final rules, were clear that the existing measure that prohibits the sale and purchase of red porgy from January through April was being removed. Thus, through this correcting amendment, NMFS corrects 50 CFR 622.192 by removing paragraph (f). Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator (AA) has determined that this final rule is consistent with Regulatory Amendment 27, the Snapper-Grouper FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant under Executive Order 12866. This final rule is not an Executive Order 13771 regulatory action because this final rule is not significant under Executive Order 12866. E:\FR\FM\19NOR1.SGM 19NOR1 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause to waive prior notice and opportunity for additional public comment because it would be unnecessary and contrary to the public interest. This correcting amendment removes an incorrect restriction applicable to the sale and purchase of red porgy during the months of January through April. Providing prior notice and opportunity for public comment is unnecessary and contrary to the public interest because the final rule implementing Regulatory Amendment 27 that explained it would be removing this restriction was already subject to notice and public comment, and further opportunity for public comment would delay the removal of the sale and purchase restriction for red porgy during January through April, which remains in the regulations in error. Further, this correction is a nonsubstantive change and retaining the incorrect restriction will cause VerDate Sep<11>2014 17:24 Nov 18, 2020 Jkt 253001 confusion among the affected fishermen and law enforcement. For the same reasons, the AA also finds good cause, pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in effective date for this correcting amendment, because this nonsubstantive correction will prevent confusion about the sale and purchase of red porgy each year during January through April. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, this rule is exempt from the procedures of the Regulatory Flexibility Act. Accordingly, no Regulatory Flexibility Analysis is required and none has been prepared. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. PO 00000 List of Subjects in 50 CFR Part 622 Commercial, Fisheries, Fishing, Red porgy, South Atlantic. Dated: November 12, 2020. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. Accordingly, 50 CFR part 622 is corrected by making the following correcting amendment: 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. § 622.192 [Amended] 2. In § 622.192, remove and reserve paragraph (f). ■ [FR Doc. 2020–25498 Filed 11–18–20; 8:45 am] BILLING CODE 3510–22–P Frm 00045 Fmt 4700 Sfmt 9990 73643 E:\FR\FM\19NOR1.SGM 19NOR1

Agencies

[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73642-73643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25498]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 201112-0303]
RIN 0648-BK19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic Region; Regulatory 
Amendment 27; Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects the final rule that implemented management 
measures described in Regulatory Amendment 27 (Regulatory Amendment 27) 
to the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (Snapper-Grouper FMP), which published in the 
Federal Register on January 27, 2020. That final rule modified 
management measures for commercially-caught red porgy in the South 
Atlantic exclusive economic zone (EEZ). In that final rule, NMFS 
inadvertently neglected to remove a regulation prohibiting the sale and 
purchase of red porgy during the months of January through April. The 
purpose of this correcting amendment is to fix that error.

DATES: This correction is effective November 19, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Vara, Southeast Regional Office, 
NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: On January 27, 2020, NMFS published a final 
rule in the Federal Register (85 FR 4588) to implement revisions to 
commercial management measures contained in Regulatory Amendment 27 
that included regulatory revisions for South Atlantic red porgy, among 
other measures for snapper-grouper species. That final rule became 
effective on February 26, 2020.

Correction

    In the regulatory text of the final rule for Regulatory Amendment 
27, NMFS inadvertently neglected to remove a prohibition on the sale 
and purchase of red porgy during the months of January through April in 
50 CFR 622.192(f) that NMFS said it was removing.
    The discussions in Regulatory Amendment 27, as well as the 
associated proposed and final rules, were clear that the existing 
measure that prohibits the sale and purchase of red porgy from January 
through April was being removed. Thus, through this correcting 
amendment, NMFS corrects 50 CFR 622.192 by removing paragraph (f).

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with Regulatory Amendment 27, the Snapper-Grouper FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant under 
Executive Order 12866. This final rule is not an Executive Order 13771 
regulatory action because this final rule is not significant under 
Executive Order 12866.

[[Page 73643]]

    Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause to waive 
prior notice and opportunity for additional public comment because it 
would be unnecessary and contrary to the public interest. This 
correcting amendment removes an incorrect restriction applicable to the 
sale and purchase of red porgy during the months of January through 
April. Providing prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest because the final rule 
implementing Regulatory Amendment 27 that explained it would be 
removing this restriction was already subject to notice and public 
comment, and further opportunity for public comment would delay the 
removal of the sale and purchase restriction for red porgy during 
January through April, which remains in the regulations in error. 
Further, this correction is a non-substantive change and retaining the 
incorrect restriction will cause confusion among the affected fishermen 
and law enforcement.
    For the same reasons, the AA also finds good cause, pursuant to 5 
U.S.C. 553(d)(3), to waive the 30-day delay in effective date for this 
correcting amendment, because this non-substantive correction will 
prevent confusion about the sale and purchase of red porgy each year 
during January through April.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, this rule is 
exempt from the procedures of the Regulatory Flexibility Act. 
Accordingly, no Regulatory Flexibility Analysis is required and none 
has been prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Red porgy, South Atlantic.

    Dated: November 12, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    Accordingly, 50 CFR part 622 is corrected by making the following 
correcting amendment:

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.


Sec.  622.192   [Amended]

0
2. In Sec.  622.192, remove and reserve paragraph (f).

[FR Doc. 2020-25498 Filed 11-18-20; 8:45 am]
BILLING CODE 3510-22-P