[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Rules and Regulations]
[Pages 69536-69537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26413]


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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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