[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Rules and Regulations]
[Page 69536-69537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 041102303-4303-01; I.D. 101804A]
RIN 0648-AS76
Regulations Governing the Approach to North Atlantic Right Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS issues a correcting amendment to clarify the regulations
that prohibit approaches within 500 yards (460 m) of North Atlantic
right whales (right whales). The purpose of this action is to correct
errors contained in the text of the regulation that inadvertently
refers to regulations contained in the previous paragraph within 50 CFR
part 224. These technical amendments will not change the regulations
for approaching right whales found in Sec. 224.103.
DATES: Effective November 30, 2004.
FOR FURTHER INFORMATION CONTACT: Brian D. Hopper, NMFS, Northeast
Region, 978-281-9328; Barb Zoodsma, NMFS, Southeast Region, 904-321-
2806; or Kristy Long, NMFS, Office of Protected Resources, 301-713-
2322.
SUPPLEMENTARY INFORMATION:
Background
The interim final rule implementing approach limits for right
whales was published on February 13, 1997 (62 FR 6729), and codified at
50 CFR 222.32, subpart D of part 222. As part of an action taken to
consolidate and reorganize existing NMFS regulations implementing the
Endangered Species Act (ESA) pursuant to the President's Regulatory
Reinvention Initiative (RRI), subpart D was removed from part 222 and
relocated to part 224 (64 FR 14066, March 23, 1999). As a result of
this reorganization, a new section was created in 50 CFR part 224 for
the special prohibitions for endangered marine mammals, which included
the regulations for approaching right and humpback whales.
Subsequent to the 1999 reorganization initiative, NMFS published a
final rule to establish approach regulations for humpback whales within
Alaskan waters (66 FR 29502, May 31, 2001). The final rule redesignated
paragraphs
[[Page 69537]]
(b) and (c) under Sec. 224.103, as paragraphs (c) and (d),
respectively, and a new paragraph (b) was added for the Alaska humpback
whale approach regulations. However, the final rule did not make the
changes to the right whale approach regulations, which were previously
codified as paragraph (b), necessary to reflect the redsignation as
paragraph (c). In other words, the subparagraphs under the right whale
approach regulations still referred to its previous location in
paragraph (b).
This rule does not substantively impact the public's current
expectations, increase the scope of the regulated community, or add any
new requirements to these regulations. This rule makes a minor change
to the regulations for approaching right whales, which corrects an
unintended error caused by a previous final rule that reordered the
paragraphs in Sec. 224.103.
Need for Correction
As published, the regulations governing approaches to right whales
contain errors that may be misleading and need to be corrected.
Classification
The Assistant Administrator for Fisheries, NMFS (AA) finds that
good cause exists to waive the requirement for prior notice and the
opportunity for comment, pursuant to 5 U.S.C. 553(b)(B). Such
procedures would be unnecessary because the changes made in this rule
do not substantively change the regulations for approaching right
whales. Therefore, it does not alter the scope of the regulated
community nor add any new requirements. For the same reasons, the AA
finds that good cause exists to waive the 30-day delay in effective
date. Any delay in implementing this technical change would be
impracticable, unnecessary, and contrary to the public interest. A
delay in implementing these changes would be unnecessary because they
do not substantively alter the regulations for approaching right whales
by increasing the scope of the regulated community or adding any new
requirements. Accordingly, pursuant to 5 U.S.C. 553(d)(3), a delay in
the effective date is waived.
In addition, because general notice of proposed rulemaking is not
required under 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.
This action is not subject to review under Executive Order 12866
because the changes made are non-substantive.
This final rule does not impact the human environment, therefore,
NMFS has determined that this action is not subject to the analytical
requirements of the National Environmental Policy Act.
This final rule does not contain policies with federalism
implications under Executive Order 13132.
List of Subjects in 50 CFR part 224
Endangered and threatened species, Reporting and recordkeeping
requirements.
0
For the reasons set out in the preamble, 50 CFR part 224 is corrected
by making the following correcting amendments:
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 224 continues to read as follows:
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Sec. 224.103 [Amended]
0
2. In the table below, in Sec. 224.103, for each paragraph indicated
in the left column, remove text from the middle column from wherever it
appears in the paragraph, and add the text indicated in the right
column:
------------------------------------------------------------------------
Paragraph Remove Add
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(c)(1).................................. (b)(3) (c)(3)
(c)(1)(ii).............................. (b)(2) (c)(2)
(c)(2).................................. (b)(3) (c)(3)
(c)(3)(i)............................... (b)(1) and (c)(1) and
(b)(2) (c)(2)
(c)(3)(ii).............................. (b)(1) and (c)(1) and
(b)(2) (c)(2)
(c)(3)(iii)............................. (b)(1) and (c)(1) and
(b)(2) (c)(2)
(c)(3)(iv).............................. (b)(1) and (c)(1) and
(b)(2) (c)(2)
(c)(3)(v)............................... (b)(2) (c)(2)
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Dated: November 23, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 04-26413 Filed 11-29-04; 8:45 am]
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