78674 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 

the cancellation process and reinstituted 

the bond or trust, or that the broker has 

obtained a new bond or trust from 

another eligible surety company or 

financial institution, FMCSA will 

promptly provide written notice in the 

FMCSA Register on its public website 

that the financial failure or insolvency 

has been cured. 

(g) Suspension of surety company or 

financial institution. (1) If a surety 

company or financial institution 

violates the requirements of this section 

or 49 U.S.C. 13906(b) or (c), FMCSA 

shall suspend the authorization of such 

surety company or financial institution 

to have its instruments filed as evidence 

of financial responsibility pursuant to 

§ 387.307 for 3 years. 

(2) If FMCSA initiates a suspension 

action pursuant to paragraph (g)(1) of 

this section it shall provide written 

notice to the surety company or 

financial institution, provide 30 

calendar days (extended to the next 

business day if the final day of the 

period falls on a weekend or Federal 

holiday) for the surety company or 

financial institution to provide evidence 

contesting such proposed suspension, 

and then render a final decision in 

writing. 

■ 6. Amend newly redesignated 

§ 387.307T by: 

■ a. Adding introductory text; and 

■ b. Revising paragraph (d)(2)(i). 

The addition and revision read as 

follows: 

§ 387.307T Property broker surety bond or 

trust fund. 

This section will remain in effect 

until January 16, 2025. 

* * * * * 

(d) * * * 

(2) * * * 

(i) Cancellation notice. The surety 

bond and the trust fund agreement may 

be cancelled only upon 30 days’ written 

notice to the FMCSA, on prescribed 

Form BMC 36, by the principal or surety 

for the surety bond, and on prescribed 

Form BMC 85, by the trustor/broker or 

trustee for the trust fund agreement. 

* * * * * 

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2023–25312 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 221214–0271] 

RIN 0648–BL52 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Revolution 

Wind Offshore Wind Farm Project 

Offshore Rhode Island; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to a final rule. The 

document being corrected is the 

regulations governing the Takes of 

Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Revolution 

Wind Offshore Wind Farm Project 

Offshore Rhode Island, published on 

October 20, 2023. 

DATES: Effective on November 20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Carter Esch, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS published a final rule in the 

Federal Register on October 20, 2023 

(88 FR 72562) announcing the 

promulgation of regulations governing 

the incidental take of marine mammals 

incidental to Revolution Wind, LLC’s 

(Revolution Wind), construction of the 

Revolution Wind Offshore Wind Energy 

Project in Federal and State waters 

offshore Rhode Island, specifically 

within the Bureau of Ocean Energy 

Management (BOEM) Commercial Lease 

of Submerged Lands for Renewable 

Energy Development on the Outer 

Continental Shelf (OCS) Lease Area 

OCS–A–0486 and along two export 

cable routes to sea-to-shore transition 

points, valid for 5 years from the date 

of effectiveness. 

The regulations, which allow for the 

issuance of a Letter of Authorization to 

Revolution Wind for the incidental take 

of marine mammals during the specified 

activities within the specified 

geographical region during the effective 

dates of the regulations, prescribe the 

permissible methods of taking and other 

means of effecting the least practicable 

adverse impact on marine mammal 

species or stocks and their habitat, as 

well as requirements pertaining to the 

monitoring and reporting of such taking. 

NMFS refers the reader to the final rule 

(88 FR 72562, October 20, 2023) for 

background information concerning the 

regulations. The regulations contained a 

codification error requiring correction. 

Specifically, 50 CFR 217.274(b)(8) was 

promulgated twice (i.e., two different 

measures were both designated as 

217.274(b)(8), necessitating 

renumbering), and, therefore, a 

correction is necessary to properly 

number 50 CFR 217.274(b). 

Correction 

■ Effective November 20, 2023, in rule 

document 2023–22056 at 88 FR 72659 

in the issue of October 20, 2023, on page 

72662, in the first column, in 

amendatory instruction 2, paragraph (b) 

is corrected to read as follows: 

§ 217.274 [Corrected] 

(b) Vessel strike avoidance measures. 

LOA Holder must comply with the 

following vessel strike avoidance 

measures, unless an emergency 

situation presents a threat to the health, 

safety, or life of a person or when a 

vessel, actively engaged in emergency 

rescue or response duties, including 

vessel-in-distress or environmental 

crisis response, requires speeds in 

excess of 10 kn (11.5 miles per hour 

(mph)) to fulfill those responsibilities, 

while in the specified geographical 

region: 

(1) Prior to the start of the Project’s 

activities involving vessels, LOA Holder 

must receive a protected species 

training that covers, at a minimum, 

identification of marine mammals that 

have the potential to occur where 

vessels would be operating; detection 

observation methods in both good 

weather conditions (i.e., clear visibility, 

low winds, low sea states) and bad 

weather conditions (i.e., fog, high 

winds, high sea states, with glare); 

sighting communication protocols; all 

vessel speed and approach limit 

mitigation requirements (e.g., vessel 

strike avoidance measures); and 

information and resources available to 

the project personnel regarding the 

applicability of Federal laws and 

regulations for protected species. This 

training must be repeated for any new 

vessel personnel who join the Project. 

The dedicated visual observers must 

receive prior training on protected 

species detection and identification, 

vessel strike minimization procedures, 

how and when to communicate with the 

vessel captain, and reporting 

requirements in this subpart. 

Confirmation of the observers’ training 

and understanding of the Incidental 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 78675 

Take Authorization (ITA) requirements 

must be documented on a training 

course log sheet and reported to NMFS; 

(2) LOA Holder’s vessels, regardless of 

their vessel’s size, must maintain a 

vigilant watch for all marine mammals 

during all vessel operations and slow 

down, stop their vessel, or alter course 

to avoid striking any marine mammal; 

(3) LOA Holder’s underway vessels 

(e.g., transiting, surveying) operating at 

any speed must have a dedicated visual 

observer on duty on each vessel at all 

times to monitor for marine mammals 

primarily within a 180° direction of the 

forward path of the vessel (90° port to 

90° starboard) located at an appropriate 

vantage point for ensuring vessels are 

maintaining appropriate separation 

distances. Visual observers must be 

equipped with alternative monitoring 

technology (e.g., night vision devices, 

infrared cameras) for periods of low 

visibility (e.g., darkness, rain, fog, etc.). 

The dedicated visual observer must 

receive prior training on protected 

species detection and identification, 

vessel strike minimization procedures, 

how and when to communicate with the 

vessel captain, use of visual monitoring 

and alternative monitoring equipment, 

and reporting requirements in this 

subpart. Visual observers may be thirdparty observers (i.e., NMFS-approved 

PSOs as defined in § 217.275 (a)(1)) or 

trained crew members; 

(4) LOA Holder must continuously 

monitor the U.S. Coast Guard VHF 

Channel 16 at the onset of transiting 

through the duration of transiting, over 

which notifications of North Atlantic 

right whale Slow Zones (DMAs and 

acoustically-triggered Slow Zones) are 

broadcasted. At the onset of transiting 

and at least once every 4 hours, vessel 

operators and/or trained crew 

member(s) must also monitor the LOA 

Holder’s Project-Wide Situational 

Awareness System, WhaleAlert, and 

relevant NOAA information systems 

such as the Right Whale Sighting 

Advisory System (RWSAS) for the 

presence of North Atlantic right whales; 

(5) All LOA Holder’s vessels must 

transit at 10 knots (11.5 mph) or less 

within any active North Atlantic right 

whale Seasonal Management Area 

(SMA) and Slow Zone (i.e., Dynamic 

Management Areas (DMA) or 

acoustically-triggered Slow Zones); 

(6) Between November 1 and April 30, 

all vessels, regardless of size, must 

operate port to port (specifically from 

ports in Massachusetts, Rhode Island, 

Connecticut, New York, New Jersey, 

Virginia, and Maryland), and within the 

Lease Area and Revolution Wind Export 

Cable (RWEC) corridor, at 10 knots (11.5 

mph) or less, except for vessels 

transiting in Narragansett Bay or Long 

Island Sound; 

(7) All LOA Holder’s vessel(s) 

(including crew transfer vessels) are 

restricted from traveling over 10 knots 

(11.5 mph), unless traveling in a 

frequently traveled transit corridor (e.g., 

crew transfer corridor) between port to 

the Lease Area while LOA Holder 

monitors the transit corridor to detect 

large whales (including North Atlantic 

right whales) in real-time with PAM 

prior to and during transits. This 

measure only applies when no other 

vessel speed restrictions are in place; 

(8) All LOA Holder’s vessels, 

regardless of size, must immediately 

reduce speed to 10 knots (11.5 mph) or 

less for at least 24 hours when a North 

Atlantic right whale is sighted at any 

distance by any project-related 

personnel or acoustically detected by 

any project-related PAM system. Each 

subsequent observation or acoustic 

detection in the Project area must trigger 

an additional 24-hour period of 

operating at 10 knots (11.5 mph) or less. 

If a North Atlantic right whale is 

reported via any of the monitoring 

systems (see (b)(4) of this section) 

within 10 kilometers (km; 6.2 miles 

(mi)) of a transiting vessel(s), that vessel 

must operate at 10 knots (11.5 mph)) or 

less for 24 hours following the reported 

detection; 

(9) LOA Holder’s vessels, regardless of 

size, must immediately reduce speed to 

10 knots (11.5 mph) or less when any 

large whale (other than a North Atlantic 

right whale) is observed within 500 

meters (m; 1,640 ft) of an underway 

vessel; 

(10) If a large whale (other than a 

North Atlantic right whale) is detected 

via the transit corridor PAM system, all 

vessels must travel at 10 knots (11.5 

mph) until the whale can be confirmed 

visually beyond 500 m of the vessel or 

24 hours has passed; 

(11) LOA Holder’s vessels must 

maintain a minimum separation 

distance of 500 m (1,640 ft) from North 

Atlantic right whales. If underway, all 

vessels must steer a course away from 

any sighted North Atlantic right whale 

at 10 knots (11.5 mph) or less such that 

the 500-m minimum separation distance 

requirement is not violated. If a North 

Atlantic right whale is sighted within 

500 m of an underway vessel, that 

vessel must reduce speed and shift the 

engine to neutral. Engines must not be 

engaged until the whale has moved 

outside of the vessel’s path and beyond 

500 m. If a whale is observed but cannot 

be confirmed as a species other than a 

North Atlantic right whale, the vessel 

operator must assume that it is a North 

Atlantic right whale and take the vessel 

strike avoidance measures described in 

this paragraph; 

(12) LOA Holder’s vessels must 

maintain a minimum separation 

distance of 100 m (328 ft) from sperm 

whales and non-North Atlantic right 

whale baleen whales. If one of these 

species is sighted within 100 m of a 

transiting vessel, LOA Holder’s vessel 

must reduce speed and shift the engine 

to neutral. Engines must not be engaged 

until the whale has moved outside of 

the vessel’s path and beyond 100 m (328 

ft); 

(13) LOA Holder’s vessels must 

maintain a minimum separation 

distance of 50 m (164 ft) from all 

delphinid cetaceans and pinnipeds with 

an exception made for those that 

approach the vessel (i.e., bow-riding 

dolphins). If a delphinid cetacean that is 

not bow riding or a pinniped is sighted 

within 50 m of a transiting vessel, LOA 

Holder’s vessel operator must shift the 

engine to neutral, with an exception 

made for those that approach the vessel 

(e.g., bow-riding dolphins). Engines 

must not be engaged until the animal(s) 

has moved outside of the vessel’s path 

and beyond 50 m (164 ft); 

(14) When a marine mammal(s) is 

sighted while LOA Holder’s vessel(s) is 

transiting, the vessel must not divert or 

alter course to approach any marine 

mammal and must take action as 

necessary to avoid violating the relevant 

separation distances (e.g., attempt to 

remain parallel to the animal’s course, 

slow down, and avoid excessive speed 

or abrupt changes in direction until the 

animal has left the area). If a separation 

distance is triggered, any vessel 

underway must avoid abrupt changes in 

course direction and take appropriate 

action as specified in paragraphs (b)(11) 

through (13) of this section. This 

measure does not apply to any vessel 

towing gear or any situation where 

respecting the relevant separation 

distance would be unsafe (i.e., any 

situation where the vessel is 

navigationally constrained); 

(15) LOA Holder is required to abide 

by other speed and approach 

regulations. Nothing in this subpart 

exempts vessels from any other 

applicable marine mammal speed and 

approach regulations; 

(16) LOA Holder must check, daily, 

for information regarding the 

establishment of mandatory or 

voluntary vessel strike avoidance areas 

(i.e., DMAs, SMAs, Slow Zones) and any 

information regarding North Atlantic 

right whale sighting locations; 

(17) LOA Holder must submit a North 

Atlantic Right Whale Vessel Strike 

Avoidance Plan to NMFS Office of 

Protected Resources for review and 


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78676 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Rules and Regulations 

approval at least 90 days prior to the 

planned start of vessel activity. The plan 

must provide details on the vessel-based 

observer and PAM protocols for 

transiting vessels. If a plan is not 

submitted or approved by NMFS prior 

to vessel operations, all project vessels 

transiting, year round, must travel at 

speeds of 10 knots (11.5 mph) or less. 

LOA Holder must comply with any 

approved North Atlantic Right Whale 

Vessel Strike Avoidance Plan; and 

(18) Speed over ground will be used 

to measure all vessel speed restrictions. 

Dated: November 13, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–25366 Filed 11–15–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230810–0190] 

RTID 0648–XD514 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; White Hake Trimester Total 

Allowable Catch Area Closure for the 

Common Pool Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; area closure. 

SUMMARY: This action closes the White 

Hake Trimester Total Allowable Catch 

Area to Northeast multispecies common 

pool vessels fishing with trawl gear, 

sink gillnet gear, and longline/hook 

gear, except Handgear A and Handgear 

B vessels, through December 31, 2023. 

The closure is required because the 

common pool fishery is projected to 

have caught 90 percent of its Trimester 

2 quota for white hake. This closure is 

intended to prevent an overage of the 

common pool’s quota for this stock. 

DATES: This action is effective 

November 13, 2023, through December 

31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Talmage, Fishery Policy 

Analyst, (978) 281–9232. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at § 648.82(n)(2)(ii) require 

the Regional Administrator to close a 

common pool Trimester Total 

Allowable Catch (TAC) Area for a stock 

when 90 percent of the Trimester TAC 

is projected to be caught. The closure 

applies to all common pool vessels 

fishing with gear capable of catching 

that stock, and remains in effect for the 

remainder of the trimester. During the 

closure, affected common pool vessels 

may not fish for, harvest, possess, or 

land regulated multispecies or ocean 

pout in or from the Trimester TAC Area 

for the stock. 

The Trimester 2 TAC for white hake 

is 17,482 lb (pounds) (7.9 metric tons 

(mt)). Based on the best available data 

from this fishing year and the analyses 

described below, the common pool is 

estimated to have achieved 90 percent 

of the Trimester 2 TAC for white hake 

on or shortly after November 9, 2023. 

NMFS closely monitors commercial 

fisheries landings on a weekly basis. 

Catch projections of white hake were 

run using data through November 7, 

2023, which indicated that 87.7 percent 

(15,211.9 lb (6.9 mt)) of the Trimester 2 

TAC was harvested. Given these 

projections and additional information, 

including that there have been up to 

four trips for which catch data are not 

yet available, NMFS estimates that 90 

percent of the white hake Trimester 2 

TAC has been harvested. As noted 

above, implementing regulations for the 

Northeast Multispecies FMP require the 

Regional Administrator to close an area 

when a trimester TAC is projected to 

reach the 90-percent trigger. 

Effective November 13, 2023, the 

White Hake Trimester TAC Area is 

closed for the remainder of Trimester 2, 

through December 31, 2023. The White 

Hake Trimester TAC Area consists of 

statistical areas 513, 514, 515, 521, and 

522. During the closure, common pool 

vessels fishing with trawl gear, sink 

gillnet gear, and longline/hook gear 

(except for Handgear A and Handgear B 

vessels), may not fish for, harvest, 

possess, or land regulated multispecies 

or ocean pout in or from this area. This 

closure of the White Hake Trimester 

TAC Area ends at the beginning of 

Trimester 3 of fishing year 2023 on 

January 1, 2024. 

If a vessel declared its trip through the 

Vessel Monitoring System (VMS) or the 

interactive voice response system, and 

crossed the VMS demarcation line prior 

to November 13, 2023, it may complete 

its trip within the GOM Cod Trimester 

TAC Area. A vessel that has set gillnet 

gear prior to November 13, 2023, may 

complete its trip by hauling such gear. 

If the common pool fishery exceeds 

its annual sub-Allowable Catch Limit 

(sub-ACL) for a stock in the 2023 fishing 

year, the overage must be deducted from 

the common pool’s sub-ACL for that 

stock for fishing year 2024. 

Weekly quota monitoring reports for 

the common pool fishery are on our 

website at: https://www.greateratlantic.

fisheries.noaa.gov/ro/fso/reports/h/

nemultispecies.html. We will continue 

to monitor common pool catch through 

vessel trip reports, dealer-reported 

landings, VMS catch reports, and other 

available information and, if necessary, 

will make additional adjustments to 

common pool management measures. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

pursuant to 5 U.S.C. 553(b)(B) and 5 

U.S.C. 553(d)(3) to waive prior notice 

and the opportunity for public comment 

and the 30-day delayed effectiveness 

period because it would be 

impracticable, unnecessary, and 

contrary to the public interest. 

The regulations require the Regional 

Administrator to close a trimester TAC 

area to the common pool fishery when 

90 percent of the Trimester TAC for a 

stock has been caught. Updated catch 

information through November 7, 2023, 

only recently became available 

indicating that the common pool fishery 

is projected to have caught 90 percent 

of its Trimester 2 TAC for white hake. 

The time necessary to provide for prior 

notice and comment, and a 30-day delay 

in effectiveness, would prevent the 

immediate closure of the White Hake 

Trimester TAC Area. This would be 

contrary to the regulatory requirement 

and would increase the likelihood that 

the common pool fishery would exceed 

its annual quota of white hake. Any 

overage of the Trimester 2 TAC is 

deducted from the Trimester 3 TAC, and 

any overage of the annual quota would 

be deducted from common pool’s quota 

for the next fishing year, to the 

detriment of this stock. This could 

undermine conservation and 

management objectives of the Northeast 

Multispecies Fishery Management Plan. 

Prior notice and comment and a 30-day 

delay in effectiveness are unnecessary 

because fishermen were provided ample 

notice and opportunity to comment on 

the regulations that require this 

immediate closure. Fishermen expect 

these closures to occur in a timely way 

to prevent overages and their payback 

requirements. Overages of the trimester 

or annual common pool quota could 

cause negative economic impacts to the 

common pool fishery as a result of 

overage paybacks deducted from a 

future trimester or fishing year. 


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