Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations 5991 

(iv) The applicant’s service provider 

is unwilling to complete installation 

because funding disbursements are 

delayed while the Administrator 

investigates the application for program 

compliance. 

* * * * * 

§ 54.509 [Removed and Reserved] 

■ 11. Remove and reserve § 54.509. 

§ 54.518 [Removed and Reserved] 

■ 12. Remove and reserve § 54.518. 

Subpart I—Administration 

■ 13. Revise § 54.720 to read as follows: 

§ 54.720 Filing deadlines. 

(a) An affected party requesting 

review or waiver of an Administrator 

decision by the Commission pursuant to 

§ 54.719, shall file such a request within 

sixty (60) days from the date the 

Administrator issues a decision. 

(b) An affected party requesting 

review of an Administrator decision by 

the Administrator pursuant to 

§ 54.719(a), shall file such a request 

within sixty (60) days from the date the 

Administrator issues a decision. 

(c) In all cases of requests for review 

filed under § 54.719(a) through (c), the 

request for review shall be deemed filed 

on the postmark date. If the postmark 

date cannot be determined, the 

applicant must file a sworn affidavit 

stating the date that the request for 

review was mailed. 

(d) Parties shall adhere to the time 

periods for filing oppositions and 

replies set forth in 47 CFR 1.45. 

[FR Doc. 2015–01414 Filed 2–3–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 120328229–5064–03] 

RIN 0648–BC09 

Atlantic Highly Migratory Species; 

2006 Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan; Amendment 7; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This action corrects a 

typographical error that appeared in the 

final rule implementing Amendment 7 

to the 2006 Consolidated Atlantic 

Highly Migratory Species Fishery 

Management Plan (2006 Consolidated 

HMS FMP) that published in the 

Federal Register on December 2, 2014 

(79 FR 71510). Specifically, this rule 

corrects one of the coordinates in the 

definition of the Cape Hatteras Gear 

Restricted Area (GRA) to make the 

geographic area in the definition match 

the geographic area analyzed and 

identified in all of the Amendment 7 

documents. 

DATES: This rule is effective February 4, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Warren or Brad McHale at 978– 

281–9260. 

SUPPLEMENTARY INFORMATION: NMFS 

implemented Amendment 7 to the 2006 

Consolidated HMS FMP through a final 

rule that published on December 2, 2014 

(79 FR 71510) and that was effective 

January 1, 2015, except for 

§ 635.9(b)(2)(ii) and (e)(1), which are 

effective June 1, 2015; and 

§ 635.15(b)(3), (4)(ii), and (5)(i), which 

are effective January 1, 2016. The 

December 2 final rule added regulatory 

text at § 635.2 to define, among other 

things, ‘‘Cape Hatteras gear restricted 

area.’’ In that definition at § 635.2, 

however, the sixth point of the 

geographic boundaries of the restricted 

area was incorrectly listed as ‘‘34°30′ N. 

lat., 74°20′ W. long.’’ Instead, it should 

be ‘‘35°30′ N. lat., 74°20′ W. long.′′ Thus, 

NMFS corrects the Cape Hatteras GRA 

definition at § 635.2. 

This correction does not make any 

substantive change to the specific area 

presented and analyzed by NMFS in the 

Amendment 7 Final Environmental 

Impact Statement (FEIS) issued in 

August 2014 and included in permit 

holder letters and other outreach 

materials issued in December 2014, 

which contained the details and/or 

images of the correct area (i.e., the 

coordinates used in those materials 

were correct). It only corrects an error in 

one of the coordinates published in the 

regulatory text of the definitions section 

of the final rule (79 FR 71510, December 

2, 2014). 

This correction is necessary so that 

pelagic longline fishermen are allowed 

to fish as intended by NMFS in 

preparing the FEIS and the final rule, in 

the area outside the eastern and 

southern boundaries of the Cape 

Hatteras GRA, as corrected, without 

being subject to the regulations that 

would apply within the GRA. 

Classification 

The Assistant Administrator (AA) for 

Fisheries, NOAA, finds that pursuant to 

5 U.S.C. 553(b)(B), there is good cause 

to waive prior notice and an 

opportunity for public comment on this 

action, as notice and comment would be 

impracticable and contrary to the public 

interest. This document corrects the 

definition of the Cape Hatteras GRA by 

specifically correcting one of the 

coordinates that was incorrect in the 

December 2, 2014 final rule. The 

regulations regarding fishing in the Cape 

Hatteras GRA were effective January 1, 

2015. This correction must be 

implemented in a timely manner so that 

pelagic longline fishermen are allowed 

to fish as intended by NMFS in 

preparing the FEIS and final rule, in the 

area outside the eastern and southern 

boundaries of the Cape Hatteras GRA, as 

corrected, without being subject to the 

regulations that would apply within the 

GRA. Implementation as defined in the 

current version of the regulations could 

result in unnecessarily restricting 

fishing in areas not intended to be gear 

restricted. 

The correct coordinates in the final 

rule have previously been subject to 

notice and comment procedures through 

their inclusion in all of the relevant 

rulemaking documents and related 

analytical documents. The correction in 

this action does not make any 

substantive change to the requirements 

in the final rule. It only corrects the 

error in the implementing regulatory 

text. In addition, NMFS believes it is 

important for the public to have the 

correct information as soon as possible 

and finds no reason to delay its 

dissemination. Further delay would be 

contrary to the public interest, since the 

intended restrictions are not properly 

defined and, as a result, fishing could be 

unnecessarily restricted. This could 

have unintended economic 

consequences and unintended effects on 

fishing behavior. 

For the reasons stated above, NMFS 

finds both notice and comment and the 

30-day delay in effectiveness to be 

unnecessary pursuant to 5 U.S.C. 

553(b)(B) and 5 U.S.C. 553(d), 

respectively. Therefore, NMFS finds 

good cause to waive notice and 

comment procedures and the 30-day 

delay in effective date for this correcting 

amendment. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 


tkelley on DSK3SPTVN1PROD with RULES
5992 Federal Register / Vol. 80, No. 23 / Wednesday, February 4, 2015 / Rules and Regulations 

Reporting and recordkeeping 

requirements, Treaties. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 635 is corrected 

by making the following correcting 

amendments: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

■ 2. In § 635.2, revise the definition of 

‘‘Cape Hatteras gear restricted area’’ to 

read as follows: 

§ 635.2 Definitions. 

* * * * * 

Cape Hatteras gear restricted area 

means the area within the Atlantic 

Ocean bounded by straight lines 

connecting the following coordinates in 

the order stated: 34°50′ N. lat., 75°10′ W. 

long.; 35°40′ N. lat., 75°10′ W. long.; 

35°40′ N. lat., 75°00′ W. long.; 37°10′ N. 

lat., 75°00′ W. long.; 37°10′ N. lat., 

74°20′ W. long.; 35°30′ N. lat., 74°20′ W. 

long.; 34°50′ N. lat., 75°00′ W. long.; 

34°50′ N. lat., 75°10′ W. long. 

* * * * * 

[FR Doc. 2015–01952 Filed 1–29–15; 11:15 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD749 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 Feet 

(18.3 Meters) Length Overall Using 

Hook-and-Line or Pot Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 feet (18.3 meters (m)) length 

overall (LOA) using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the 2015 Pacific cod total allowable 

catch allocated to catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear in the BSAI. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 2, 2015, 

through 2400 hours, A.l.t., December 31, 

2015. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2015 Pacific cod total allowable 

catch (TAC) allocated to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear in the BSAI is 

6,138 metric tons (mt) as established by 

the final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014), 

inseason adjustment (80 FR 188, January 

5, 2015), and reallocation (80 FR 3496, 

January 23, 2015). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2015 Pacific cod 

TAC allocated as a directed fishing 

allowance to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear in the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels less than 60 feet 

(18.3 m) LOA using hook-and-line or 

pot gear in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of directed fishing for 

Pacific cod by catcher vessels less than 

60 feet (18.3 m) LOA using hook-andline or pot gear in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of January 29, 2015. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 30, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–02138 Filed 1–30–15; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD750 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Central 

Aleutian district (CAI) of the Bering Sea 

and Aleutian Island management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the A season allowance of the 2015 Atka 

mackerel total allowable catch (TAC) in 

the CAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 30, 2015, through 

1200 hrs, A.l.t., June 10, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 


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