11322 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this final 

rule, do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 17, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, 40 CFR chapter I is amended 

as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.920, amend Table 1 to 

180.920 by adding in alphabetical order 

the inert ingredient ‘‘Potassium acetate 

(CAS Reg. No. 127–08–2)’’ to read as 

follows: 

§ 180.920 Inert ingredients used preharvest; exemptions from the requirement 

of a tolerance. 

* * * * * 

TABLE 1 TO 180.920 

Inert ingredients Limits Uses 

* * * * * 

Potassium acetate (CAS 

Reg. No. 127–08–2).

............ Nutrient. 

* * * * * 

[FR Doc. 2022–04078 Filed 2–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220216–0050] 

RIN 0648–BK44 

Atlantic Highly Migratory Species; 

Consistency Modifications and 

Corrections 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; technical corrections. 

SUMMARY: This final rule makes editorial 

corrections to the regulations for 

Atlantic highly migratory species 

(HMS). This final rule corrects citations 

that are currently incorrect due to 

changes to references in other parts of 

the regulations. In addition, this final 

action corrects minor technical items in 

the regulations that are missing, 

inconsistent, or incorrect, and also 

clarifies extraneous language to make 

the regulations more readable. The rule 

is administrative in nature and does not 

make any change with substantive effect 

to the regulations for HMS fisheries. 

DATES: This final rule is effective on 

March 1, 2022. 

ADDRESSES: Documents related to HMS 

fisheries management, such as the 2006 

Consolidated Atlantic HMS Fishery 

Management Plan (2006 Consolidated 

HMS FMP) and its amendments, are 

available from the HMS Management 

Division website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or upon 

request from the HMS Management 

Division by phone at 301–427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

Thomas Warren, thomas.warren@

noaa.gov, or Steve Durkee, 

steve.durkee@noaa.gov, by phone at 

301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries are managed under the 

dual authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.). The 2006 Consolidated HMS FMP 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Background 

Since publishing the 2006 

Consolidated HMS FMP, NMFS has 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11323 

amended the FMP 12 times through the 

fishery management plan amendment 

process and has made numerous other 

regulatory changes through framework 

actions. With this volume of regulatory 

action, in addition to changes in nonHMS fisheries regulations, inadvertent 

errors and inconsistencies have 

accumulated in the regulations and 

regulatory cross-references over time. 

This technical amendment corrects 

missing, inconsistent, or incorrect 

language, and clarifies extraneous 

language in the HMS regulations at 50 

CFR part 635. It also corrects crossreferences to regulations as appropriate. 

Clarification Corrections 

This final action clarifies the HMS 

regulations as follows: 

The regulation at § 635.4(a)(10) 

provides permit conditions for HMS 

permit holders. The regulation 

unintentionally omitted ‘‘Atlantic 

tunas’’ permits. Adding ‘‘Atlantic 

tunas’’ clarifies this regulation and 

removes any confusion for permit 

holders who hold multiple types of 

HMS permits. The associated 

rulemaking that established this 

requirement was the 2006 Consolidated 

HMS FMP (71 FR 58058; October 2, 

2006). 

The regulation at § 635.5(a)(4) 

currently states that owners permitted 

under the Atlantic Tunas General, 

Harpoon, or HMS Charter/Headboat 

categories must report bluefin tuna 

discards in the NMFS electronic catch 

reporting system. This rule clarifies that 

they must report only dead discards, not 

live releases. The associated rulemaking 

that established this requirement was 

Amendment 7 to the 2006 Consolidated 

HMS FMP (79 FR 71509; December 2, 

2014). 

Several changes are being made at 

§ 635.5(d) to remove and modify 

language to clarify the tournament 

operator requirements. Specifically, this 

final rule: 

• Removes the redundant language, 

‘‘HMS Management Division,’’ in two 

locations. 

• Removes an excessive and 

unnecessary phrase (‘‘. . . by 

submitting information on the purpose, 

dates, and location of the tournament to 

NMFS’’) for clarity. 

• Removes the sentence ‘‘NMFS will 

notify the tournament operator in 

writing when a tournament has been 

selected for reporting,’’ as this sentence 

is no longer needed due to a previous 

notice that notified the affected 

community that all tournaments are 

automatically selected for reporting (83 

FR 63831; December 12, 2018). 

• Removes the phrase ‘‘that are 

selected to report’’ because all Atlantic 

HMS tournaments are selected for 

reporting, which began on January 1, 

2019. The associated notice for this this 

requirement was published on July 17, 

2018 (83 FR 33148). 

• Adds the phrase ‘‘. . . details of the 

tournament catch and fishing activities, 

completing all required fields on the 

NMFS tournament summary report no 

later than 7 days after tournament 

fishing has ended’’ and removes the 

language ‘‘. . . a record of catch and 

effort on forms available from NMFS. 

Tournament operators must submit the 

completed forms to NMFS, at an address 

designated by NMFS, postmarked no 

later than the 7th day after the 

conclusion of the tournament, and must 

attach a copy of the tournament rules’’ 

to clarify the regulation language. The 

associated rulemaking that established 

this requirement was the 2006 

Consolidated HMS FMP (71 FR 58058; 

October 2, 2006). These removals and 

modifications provide further clarity to 

the regulation. 

Typographical Corrections 

This final action corrects two 

typographical errors in the HMS 

regulations. The regulation at 

§ 635.19(e)(1) does not capitalize the 

words ‘‘North’’ and ‘‘South.’’ This final 

action corrects this error and capitalizes 

‘‘North’’ and ‘‘South.’’ 

Consistency Corrections 

This final rule corrects the Atlantic 

Tunas General category permit name as 

it has been incorrectly cited in several 

locations. The regulations at 

§§ 635.22(a)(2) and (3) and 

635.27(a)(1)(i), incorrectly cite the 

Atlantic Tunas General category permit 

name as ‘‘HMS General Category 

permit.’’ Correcting permit names 

would create consistency across the 

regulations. This final rule also removes 

the definition of Mid-Atlantic-Bight at 

§ 635.2 because the definition is not 

referenced anywhere else in the part 635 

regulations. In addition, this final rule 

corrects the regulations at 

§ 635.21(d)(1)(iii)(D) Charleston Deep 

Artificial Reef, which left off one 

coordinate in the spawning Special 

Management Zones coordinate list. The 

associated rulemaking that established 

this requirement was published on July 

17, 2018 (83 FR 33148). 

Cross References Corrections 

This final action corrects the incorrect 

cross references found in the definitions 

and regulations at §§ 635.4(h)(1)(iv) and 

(n)(2) and 635.54. Section 635.4(h)(1)(iv) 

and (n)(2) incorrectly reference the Illex 

squid moratorium permit described at 

§ 648.4(a)(5)(i). The correct cross 

reference should be § 648.4(a)(5)(ii). 

Section 635.54 incorrectly references 

that owners and operators of U.S. 

vessels are subject to inspection under 

§ 635.23. The correct cross reference 

should be § 635.52. 

Classification 

The Assistant Administrator for 

Fisheries has determined that this final 

rule is necessary for the conservation 

and management of U.S. fisheries and 

that it is consistent with the MagnusonStevens Act, the objectives of the 2006 

Consolidated HMS FMP and its 

amendments, ATCA, and other 

applicable law. 

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 are 

unnecessary and contrary to the public 

interest. This final rule makes only 

corrective, non-substantive changes to 

regulatory text, corrects cross-references 

to HMS and other regulations, removes 

unnecessary language in several 

instances, and is solely administrative 

in nature. Therefore, public comment is 

unnecessary and would delay necessary 

corrections that will help prevent 

potential confusion for the public. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, and a proposed rule is not being 

published, the analytical requirements 

of the Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., are inapplicable. 

NMFS has determined that fishing 

activities conducted pursuant to this 

rule will not affect endangered and/or 

threatened species or critical habitat 

listed under the Endangered Species 

Act, or marine mammals protected by 

the Marine Mammal Protection Act, 

because the action is purely 

administrative in nature by making 

editorial corrections or clarifications to 

existing regulatory text, with no 

substantive changes or effects. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 


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11324 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

Dated: February 23, 2022. 

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 amended 

as follows: 

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. 

§ 635.2 [Amended] 

■ 2. In § 635.2, remove the definition for 

‘‘Mid-Atlantic Bight.’’ 

■ 3. In § 635.4, revise paragraphs (a)(10), 

(h)(1)(iv), and (n)(2) to read as follows: 

§ 635.4 Permits and fees. 

* * * * * 

(a) * * * 

(10) Permit condition. An owner of a 

vessel with a valid Atlantic tunas, 

swordfish, shark, HMS Angling, HMS 

Charter/Headboat, Incidental HMS 

squid trawl, or HMS Commercial 

Caribbean Small Boat permit issued 

pursuant to this part must agree, as a 

condition of such permit, that the 

vessel’s HMS fishing, catch, and gear are 

subject to the requirements of this part 

during the period of validity of the 

permit, without regard to whether such 

fishing occurs in the U.S. EEZ, or 

outside the U.S. EEZ, and without 

regard to where such HMS, or gear, are 

possessed, taken, or landed. However, 

when a vessel fishes within the waters 

of a state that has more restrictive 

regulations pertaining to HMS, persons 

aboard the vessel must abide by the 

state’s more restrictive regulations. 

* * * * * 

(h) * * * 

(1) * * * 

(iv) An applicant for an incidental 

HMS squid trawl permit must submit, in 

addition to all other information 

specified in paragraph (h)(1) of this 

section, a copy of a valid Illex squid 

moratorium permit, as described at 

§ 648.4(a)(5)(ii) of this chapter. 

* * * * * 

(n) * * * 

(2) An Incidental HMS squid trawl 

permit is valid only when the vessel has 

on board a valid Illex squid moratorium 

permit, as described at § 648.4(a)(5)(ii) 

of this chapter, and no commercial 

fishing gear other than trawl gear. 

* * * * * 

■ 4. In § 635.5, revise paragraphs (a)(4) 

and (d) to read as follows: 

§ 635.5 Recordkeeping and reporting. 

* * * * * 

(a) * * * 

(4) Bluefin tuna discarded dead, or 

landed by a commercial vessel and sold. 

The owner of a vessel that has been 

permitted or that is required to be 

permitted under § 635.4 in the Atlantic 

Tunas General or Harpoon categories, or 

has been permitted or is required to be 

permitted under § 635.4 under the HMS 

Charter/Headboat category and fishing 

under the General category quotas and 

daily limits as specified at § 635.23(c), 

must report all dead discards and/or 

landings of bluefin tuna through the 

NMFS electronic catch reporting system 

within 24 hours of the landings or the 

end of trip. Such reports may be made 

by either calling a phone number 

designated by NMFS or by submitting 

the required information online to a 

website or application designated by 

NMFS. The owner of a vessel that has 

been permitted in a different bluefin 

tuna category must report as specified 

elsewhere in this section. 

* * * * * 

(d) Tournament operators. For all 

tournaments that are conducted from a 

port in an Atlantic coastal state, 

including the U.S. Virgin Islands and 

Puerto Rico, a tournament operator must 

register with NMFS at least 4 weeks 

prior to commencement of the 

tournament. A tournament is not 

registered unless the tournament 

operator has received a confirmation 

number from NMFS. Tournament 

operators must maintain and submit to 

NMFS details of the tournament catch 

and fishing activities, completing all 

required fields, on the NMFS 

tournament summary report no later 

than 7 days after the tournament has 

ended. 

* * * * * 

■ 5. In § 635.19, revise paragraph (e)(1) 

to read as follows: 

§ 635.19 Authorized gears. 

* * * * * 

(e) * * * 

(1) No person may possess North 

Atlantic swordfish taken from its 

management unit by any gear other than 

handgear, green-stick, or longline, 

except that such swordfish taken 

incidentally while fishing with a squid 

trawl may be retained by a vessel issued 

a valid Incidental HMS squid trawl 

permit, subject to restrictions specified 

in § 635.24(b)(2). No person may possess 

South Atlantic swordfish taken from its 

management unit by any gear other than 

longline. 

* * * * * 

■ 6. In § 635.21, revise paragraph 

(d)(1)(iii)(D) to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) * * * 

(D) Charleston Deep Artificial Reef. 

Bounded by rhumb lines connecting, in 

order, the following points: 32°05.04′ N 

lat. 79°13.575′ W long.; 32°9.65′ N lat., 

79°9.2′ W long.; 32°7.155′ N lat., 

79°5.595′ W long.; 32°2.36′ N lat., 

79°9.975′ W long.; 32°5.04′ N lat., 

79°13.575′ W long. 

* * * * * 

■ 7. In § 635.22, revise paragraphs (a)(2) 

and (3) to read as follows: 

§ 635.22 Recreational retention limits. 

* * * * * 

(a) * * * 

(2) Vessels issued an Atlantic Tunas 

General category permit under 

§ 635.4(d) that are participating in an 

HMS registered tournament, vessels 

issued an HMS Angling category permit 

under § 635.4(c), or vessels issued an 

HMS Charter/Headboat permit under 

§ 635.4(b) may not retain, possess, or 

land oceanic whitetip sharks or 

scalloped, smooth, or great hammerhead 

sharks if swordfish, tuna, or billfish are 

retained or possessed on board, or 

offloaded from, the vessel. Such vessels 

also may not retain, possess, or land 

swordfish, tuna, or billfish if oceanic 

whitetip sharks, or scalloped, smooth, 

or great hammerhead sharks are retained 

or possessed on board, or offloaded 

from, the vessel. 

(3) Vessels issued an Atlantic Tunas 

General category permit under 

§ 635.4(d) that are participating in an 

HMS registered tournament, vessels 

issued a Swordfish General commercial 

permit under § 635.4(f) that are 

participating in an HMS registered 

tournament, vessels issued a HMS 

Angling category permit under 

§ 635.4(c), or vessels issued an HMS 

Charter/Headboat permit under 

§ 635.4(b) are required to release 

unharmed, to the extent practicable, 

porbeagle sharks that are alive at the 

time of haulback if swordfish, tuna, or 

billfish are retained or possessed on 

board, or offloaded from, the vessel 

during that trip. 

* * * * * 

■ 8. In § 635.27, revise the introductory 

text of paragraph (a)(1)(i) to read as 

follows: 

§ 635.27 Quotas. 

* * * * * 

(a) * * * 


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(1) * * * 

(i) Catches from vessels for which 

Atlantic Tunas General category permits 

have been issued and certain catches 

from vessels for which an HMS Charter/ 

Headboat permit has been issued are 

counted against the General category 

quota in accordance with § 635.23(c)(3). 

Pursuant to paragraph (a) of this section, 

the amount of large medium and giant 

bluefin tuna that may be caught, 

retained, possessed, landed, or sold 

under the General category quota is 

555.7 mt, and is apportioned as follows, 

unless modified as described under 

paragraph (a)(1)(ii) of this section: 

* * * * * 

■ 9. In § 635.54, revise the introductory 

text to read as follows: 

§ 635.54 Reports. 

Owners and operators of U.S. vessels 

subject to inspection under § 635.52 are 

hereby notified that the ICCAT 

recommendation establishing a scheme 

for minimum standards for inspection 

in port requires that: 

* * * * * 

[FR Doc. 2022–04263 Filed 2–28–22; 8:45 am] 

BILLING CODE 3510–22–P 


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