Reef Fish Resources of the Gulf of Mexico and Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Conversion of Historical Captain Permits, 42271-42272 [2023-13925]
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
(5) Rule 1303, ‘‘New Source Review
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Emissions Calculations,’’ amended on
March 22, 2021.
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Emission Offsets,’’ amended on March
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(8) Rule 1306, ‘‘New Source Review
for Electric Energy Generating
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(ii) [Reserved]
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submitted on October 15, 2021, by the
Governor’s designee as an attachment to
a letter dated October 14, 2021.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 206, ‘‘Posting of Permit to
Operate,’’ amended on February 22,
2021.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
3. Section 52.281 is amended by
revising paragraph (d) introductory text
and adding paragraph (d)(9) to read as
follows:
■
§ 52.281
Visibility protection.
*
*
*
*
*
(d) Plan provisions. The provisions of
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*
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(9) Mojave Desert Air Quality
Management District.
*
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ddrumheller on DSK120RN23PROD with RULES1
[FR Doc. 2023–13393 Filed 6–29–23; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
42271
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
under the CMP FMP. The Gulf Council
prepared the Reef Fish FMP and the
Councils jointly prepared the CMP FMP.
NMFS implements the FMPs through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801 et seq.).
On January 27, 2023, NMFS
published a proposed rule in the
Federal Register for the abbreviated
framework action and requested public
comment (88 FR 5295). The proposed
rule and the abbreviated framework
action outline the rationale for the
action contained in this final rule. A
summary of the management measure
described in the abbreviated framework
action and implemented by this final
rule is provided below.
NMFS implements
management measures as described in
an abbreviated framework action under
the Fishery Management Plans (FMPs)
for the Reef Fish Resources of the Gulf
of Mexico (Reef Fish FMP) and Coastal
Migratory Pelagic (CMP) Resources of
the Gulf of Mexico and Atlantic Region
(CMP FMP). This final rule will enable
a permit holder to replace a historical
captain endorsement in the reef fish and
CMP fisheries in the Gulf of Mexico
(Gulf) with a standard Federal charter
vessel/headboat permit in the same Gulf
fisheries. NMFS expects that this final
rule will reduce the potential regulatory
and economic burden on historical
captain permit holders.
DATES: This final rule is effective on July
31, 2023.
ADDRESSES: An electronic copy of the
abbreviated framework document that
contains an environmental assessment
and a Regulatory Flexibility Act (RFA)
analysis may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
framework-action-historical-captainpermits-conversion-standard-federalcharter-headboat. The proposed rule for
this action can be downloaded from the
same NMFS website or from
www.regulations.gov by searching
‘‘NOAA–NMFS–2022–0121.’’
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Gulf Council) manages reef fish in Gulf
Federal waters under the Reef Fish
FMP. In Gulf and Atlantic Federal
waters, the Gulf Council and South
Atlantic Fishery Management Council
(Councils) jointly manage CMP species
Management Measure Contained in
This Final Rule
This final rule enables a permit holder
with an eligible historical captain
endorsement in the Gulf reef fish or Gulf
CMP fishery to convert that
endorsement to a standard Federal
charter vessel/headboat permit (for-hire
permit) in the same Gulf fishery, as
applicable. This rule also extends the
same rights and responsibilities of these
standard for-hire permits to eligible
individuals who choose to convert a
historical captain endorsement to a
standard for-hire permit. An eligible
historical captain endorsement is
hereafter referenced in this preamble as
a historical captain permit. There are
currently four historical captain
permits, two for Gulf reef fish and two
for Gulf CMP species, and are held by
two individuals. Historical captain
permits cannot be transferred to another
person and no additional historical
captain permits can be issued (50 CFR
622.20(b)(1)(i)(B); 85 FR 22043, April
21, 2020).
If an individual with an eligible
historical captain permit wants to
convert the permit to a standard for-hire
permit, the individual must submit an
application for a standard for-hire
permit to NMFS along with their
current, original historical captain
permit (not a copy), and all supporting
documents and fees, including
documentation for the vessel to which
NMFS will issue or associate with the
standard for-hire permit. Unlike a
historical captain permit, which is
issued to an individual, a standard forhire permit must be issued to a vessel
with a valid U.S. Coast Guard certificate
of documentation or state registration
certificate (50 CFR 622.4(a)). If the
permit applicant is the owner of the
vessel, NMFS’ Permits Office staff will
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230626–0155]
RIN 0648–BL58
Reef Fish Resources of the Gulf of
Mexico and Coastal Migratory Pelagic
Resources of the Gulf of Mexico and
Atlantic Region; Conversion of
Historical Captain Permits
AGENCY:
SUMMARY:
PO 00000
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ddrumheller on DSK120RN23PROD with RULES1
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
verify that the vessel for which the new
standard for-hire permit will be issued
is owned by the applicant and does not
have an existing Gulf reef fish or CMP
charter vessel/headboat permit
associated with it, as vessels are not
allowed to have multiple charter vessel/
headboat permits of the same type
associated with them.
If the vessel to which the permit will
be associated with is to be leased, a fully
executed lease agreement of at least 7
months between the vessel owner and
permit holder will need to be included
with the application. Note that vessel
owners and lessees cannot hold permits
issued to the same vessel at the same
time. NMFS’ Permits Office staff will
then verify the vessel does not have any
other Federal permit associated with it
in another permit holder’s name.
After NMFS verifies that the
information provided with the
application allows for the conversion,
the historical captain permit will then
be converted to a standard for-hire
permit for Gulf reef fish or Gulf CMP
species, as applicable. Historical captain
permit numbers are unique, and the
new standard for-hire permit will keep
the existing permit number (e.g., HRCG–
9999 will convert to RCG–9999). A
standard for-hire permit issued as a
result of this final rule will have the
same passenger capacity limitation as
the historical captain permit that it will
replace.
Federal rules have been identified. A
description of this final rule, why it is
being implemented, and the purpose of
this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
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 action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Comments and Responses
NMFS received two public comments
supporting the proposed rule for the
abbreviated framework action. NMFS
acknowledges the comments in favor of
the action in the proposed rule. One
commenter also suggested that NMFS
reduce or waive the fee to convert a
historical captain permit to a standard
for-hire permit. However, this
suggestion is beyond the scope of the
action considered in the proposed rule,
and we do not address it further in this
final rule. NMFS made no changes to
the final rule resulting from public
comments.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
abbreviated framework action, the
FMPs, the Magnuson-Stevens Act, and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf of Mexico,
Historical captain, Permit, Transfer.
Dated: June 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
622 as follows:
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.20, revise paragraph
(b)(1)(v) to read as follows:
■
§ 622.20
Permits and endorsements.
*
*
*
*
*
(b) * * *
(1) * * *
(v) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel/headboat permit with a
historical captain endorsement may be
converted to a charter vessel/headboat
permit for Gulf reef fish without a
historical captain endorsement. A
charter vessel/headboat permit with a
historical captain endorsement that is
converted to a charter vessel/headboat
permit without a historical captain
endorsement will retain the same vessel
permit maximum passenger capacity as
the permit it replaces. To convert an
eligible charter vessel/headboat permit
with a historical captain endorsement,
the permit holder must submit a permit
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
application to the RA by July 30, 2025.
If no application to convert an eligible
charter vessel/headboat permit with a
historical captain endorsement is
submitted by July 30, 2025, the permit
holder will retain a charter vessel/
headboat permit with the historical
captain endorsement that is subject to
the restrictions described in paragraph
(b)(1)(i)(B) of this section.
*
*
*
*
*
■ 3. In § 622.373, revise paragraph (f) to
read as follows:
§ 622.373 Limited access system for
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.
*
*
*
*
*
(f) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel headboat permit with a
historical captain endorsement may be
converted to a charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish without a historical captain
endorsement as described in paragraph
(b)(1) of this section. A charter vessel/
headboat permit with a historical
captain endorsement that is converted
to a charter vessel/headboat permit
without a historical captain
endorsement will retain the same vessel
permit maximum passenger capacity as
the permit it replaces. To convert an
eligible charter vessel/headboat permit
with a historical captain endorsement,
the permit holder must submit a permit
application to the RA by July 30, 2025.
If no application to convert an eligible
charter vessel/headboat permit with a
historical captain endorsement is
submitted by July 30, 2025, the permit
holder will retain a charter vessel/
headboat permit with the historical
captain endorsement that is subject to
the restrictions described in paragraph
(b)(2) of this section.
[FR Doc. 2023–13925 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193]
RTID 0648–XD085
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42271-42272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13925]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230626-0155]
RIN 0648-BL58
Reef Fish Resources of the Gulf of Mexico and Coastal Migratory
Pelagic Resources of the Gulf of Mexico and Atlantic Region; Conversion
of Historical Captain Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements management measures as described in an
abbreviated framework action under the Fishery Management Plans (FMPs)
for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and
Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP). This final rule will enable a permit holder
to replace a historical captain endorsement in the reef fish and CMP
fisheries in the Gulf of Mexico (Gulf) with a standard Federal charter
vessel/headboat permit in the same Gulf fisheries. NMFS expects that
this final rule will reduce the potential regulatory and economic
burden on historical captain permit holders.
DATES: This final rule is effective on July 31, 2023.
ADDRESSES: An electronic copy of the abbreviated framework document
that contains an environmental assessment and a Regulatory Flexibility
Act (RFA) analysis may be obtained from the Southeast Regional Office
website at https://www.fisheries.noaa.gov/action/framework-action-historical-captain-permits-conversion-standard-federal-charter-headboat. The proposed rule for this action can be downloaded from the
same NMFS website or from www.regulations.gov by searching ``NOAA-NMFS-
2022-0121.''
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management
Council (Gulf Council) manages reef fish in Gulf Federal waters under
the Reef Fish FMP. In Gulf and Atlantic Federal waters, the Gulf
Council and South Atlantic Fishery Management Council (Councils)
jointly manage CMP species under the CMP FMP. The Gulf Council prepared
the Reef Fish FMP and the Councils jointly prepared the CMP FMP. NMFS
implements the FMPs through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.).
On January 27, 2023, NMFS published a proposed rule in the Federal
Register for the abbreviated framework action and requested public
comment (88 FR 5295). The proposed rule and the abbreviated framework
action outline the rationale for the action contained in this final
rule. A summary of the management measure described in the abbreviated
framework action and implemented by this final rule is provided below.
Management Measure Contained in This Final Rule
This final rule enables a permit holder with an eligible historical
captain endorsement in the Gulf reef fish or Gulf CMP fishery to
convert that endorsement to a standard Federal charter vessel/headboat
permit (for-hire permit) in the same Gulf fishery, as applicable. This
rule also extends the same rights and responsibilities of these
standard for-hire permits to eligible individuals who choose to convert
a historical captain endorsement to a standard for-hire permit. An
eligible historical captain endorsement is hereafter referenced in this
preamble as a historical captain permit. There are currently four
historical captain permits, two for Gulf reef fish and two for Gulf CMP
species, and are held by two individuals. Historical captain permits
cannot be transferred to another person and no additional historical
captain permits can be issued (50 CFR 622.20(b)(1)(i)(B); 85 FR 22043,
April 21, 2020).
If an individual with an eligible historical captain permit wants
to convert the permit to a standard for-hire permit, the individual
must submit an application for a standard for-hire permit to NMFS along
with their current, original historical captain permit (not a copy),
and all supporting documents and fees, including documentation for the
vessel to which NMFS will issue or associate with the standard for-hire
permit. Unlike a historical captain permit, which is issued to an
individual, a standard for-hire permit must be issued to a vessel with
a valid U.S. Coast Guard certificate of documentation or state
registration certificate (50 CFR 622.4(a)). If the permit applicant is
the owner of the vessel, NMFS' Permits Office staff will
[[Page 42272]]
verify that the vessel for which the new standard for-hire permit will
be issued is owned by the applicant and does not have an existing Gulf
reef fish or CMP charter vessel/headboat permit associated with it, as
vessels are not allowed to have multiple charter vessel/headboat
permits of the same type associated with them.
If the vessel to which the permit will be associated with is to be
leased, a fully executed lease agreement of at least 7 months between
the vessel owner and permit holder will need to be included with the
application. Note that vessel owners and lessees cannot hold permits
issued to the same vessel at the same time. NMFS' Permits Office staff
will then verify the vessel does not have any other Federal permit
associated with it in another permit holder's name.
After NMFS verifies that the information provided with the
application allows for the conversion, the historical captain permit
will then be converted to a standard for-hire permit for Gulf reef fish
or Gulf CMP species, as applicable. Historical captain permit numbers
are unique, and the new standard for-hire permit will keep the existing
permit number (e.g., HRCG-9999 will convert to RCG-9999). A standard
for-hire permit issued as a result of this final rule will have the
same passenger capacity limitation as the historical captain permit
that it will replace.
Comments and Responses
NMFS received two public comments supporting the proposed rule for
the abbreviated framework action. NMFS acknowledges the comments in
favor of the action in the proposed rule. One commenter also suggested
that NMFS reduce or waive the fee to convert a historical captain
permit to a standard for-hire permit. However, this suggestion is
beyond the scope of the action considered in the proposed rule, and we
do not address it further in this final rule. NMFS made no changes to
the final rule resulting from public comments.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the abbreviated framework action, the FMPs, the
Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the statutory basis for this
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. A description of this final rule, why it is being
implemented, and the purpose of this final rule are contained in the
SUMMARY and SUPPLEMENTARY INFORMATION sections of this final rule.
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 action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf of Mexico, Historical captain, Permit,
Transfer.
Dated: June 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 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. 622.20, revise paragraph (b)(1)(v) to read as follows:
Sec. 622.20 Permits and endorsements.
* * * * *
(b) * * *
(1) * * *
(v) Procedure for conversion of permit with historical captain
endorsement. A charter vessel/headboat permit with a historical captain
endorsement may be converted to a charter vessel/headboat permit for
Gulf reef fish without a historical captain endorsement. A charter
vessel/headboat permit with a historical captain endorsement that is
converted to a charter vessel/headboat permit without a historical
captain endorsement will retain the same vessel permit maximum
passenger capacity as the permit it replaces. To convert an eligible
charter vessel/headboat permit with a historical captain endorsement,
the permit holder must submit a permit application to the RA by July
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by
July 30, 2025, the permit holder will retain a charter vessel/headboat
permit with the historical captain endorsement that is subject to the
restrictions described in paragraph (b)(1)(i)(B) of this section.
* * * * *
0
3. In Sec. 622.373, revise paragraph (f) to read as follows:
Sec. 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
* * * * *
(f) Procedure for conversion of permit with historical captain
endorsement. A charter vessel headboat permit with a historical captain
endorsement may be converted to a charter vessel/headboat permit for
Gulf coastal migratory pelagic fish without a historical captain
endorsement as described in paragraph (b)(1) of this section. A charter
vessel/headboat permit with a historical captain endorsement that is
converted to a charter vessel/headboat permit without a historical
captain endorsement will retain the same vessel permit maximum
passenger capacity as the permit it replaces. To convert an eligible
charter vessel/headboat permit with a historical captain endorsement,
the permit holder must submit a permit application to the RA by July
30, 2025. If no application to convert an eligible charter vessel/
headboat permit with a historical captain endorsement is submitted by
July 30, 2025, the permit holder will retain a charter vessel/headboat
permit with the historical captain endorsement that is subject to the
restrictions described in paragraph (b)(2) of this section.
[FR Doc. 2023-13925 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-22-P
