Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 26299 

10Moreover, PHMSA determined that the Final 

Rule did not impose substantial direct compliance 

costs on State and local governments. 

11 66 FR 28355 (May 22, 2001). 

12 65 FR 67249 (Nov. 6, 2000). 

13 77 FR 26413 (May 4, 2012). 

requirements of Executive Order 13132 

do not apply.10

I. Executive Order 13211 

PHMSA analyzed the final rule and 

determined that the requirements of 

Executive Order 13211 (‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’) 11 did not apply. 

The clarifications and technical 

corrections to the final rule herein are 

not a ‘‘significant energy action’’ under 

Executive Order 13211 either as they are 

not likely to have a significant adverse 

effect on supply, distribution, or energy 

use. Further, OMB has not designated 

these clarifications and revisions as a 

significant energy action. 

J. Executive Order 13175 

This document was analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 12

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Because 

none of the clarifications and technical 

revisions have Tribal implications or 

impose substantial direct compliance 

costs on Indian Tribal governments, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

K. Executive Order 13609 and 

International Trade Analysis 

Under Executive Order 13609 

(‘‘Promoting International Regulatory 

Cooperation’’),13 agencies must consider 

whether the impacts associated with 

significant variations between domestic 

and international regulatory approaches 

are unnecessary or may impair the 

ability of American business to export 

and compete internationally. In meeting 

shared challenges involving health, 

safety, labor, security, environmental, 

and other issues, international 

regulatory cooperation can identify 

approaches that are at least as protective 

as those that are or would be adopted in 

the absence of such cooperation. 

International regulatory cooperation can 

also reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The clarifications and 

technical corrections to the final rule in 

this notice do not impact international 

trade. 

L. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

List of Subjects 

49 CFR Part 191 

MAOP exceedance, Pipeline reporting 

requirements. 

49 CFR Part 192 

Integrity assessments, MAOP 

reconfirmation, Material verification, 

Pipeline safety, Predicted failure 

pressure, Reporting and record-keeping 

requirements, Risk assessment, Safety 

devices. 

In consideration of the foregoing, 

PHMSA amends 49 CFR parts 191 and 

192 as follows: 

PART 191—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE; ANNUAL, INCIDENT, AND 

OTHER REPORTING 

■ 1. The authority citation for part 191 

continues to read as follows: 

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 

5121, 60101 et seq., and 49 CFR 1.97. 

■ 2. Section 191.23, as amended 

November 15, 2021, at 86 FR 63295, and 

effective May 16, 2022, is further 

amended by revising paragraph (b)(1) to 

read as follows: 

§ 191.23 Reporting safety-related 

conditions. 

* * * * * 

(b) * * * 

(1) Exists on a master meter system, 

a reporting-regulated gathering pipeline, 

a Type C gas gathering pipeline with an 

outside diameter of 12.75 inches or less, 

a Type C gas gathering pipeline covered 

by the exception in § 192.9(f)(1) of this 

subchapter and therefore not required to 

comply with § 192.9(e)(2)(ii), or a 

customer-owned service line; 

* * * * * 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 3. The authority citation for part 192 

continues to read as follows: 

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 

5103, 60101 et seq., and 49 CFR 1.97. 

■ 4. Section 192.8, as amended 

November 15, 2021, at 86 FR 63295, and 

effective May 16, 2022, is further 

amended by adding paragraph (c)(4) to 

read as follows: 

§ 192.8 How are onshore gathering 

pipelines and regulated onshore gathering 

pipelines determined? 

* * * * * 

(c) * * * 

(4) For the purpose of identifying 

Type C lines in table 1 to paragraph 

(c)(2) of this section, if an operator has 

not calculated MAOP consistent with 

the methods at § 192.619(a) or (c)(1), the 

operator must either: 

(i) Calculate MAOP consistent with 

the methods at § 192.619(a) or (c)(1); or 

(ii) Use as a substitute for MAOP the 

highest operating pressure to which the 

segment was subjected during the 

preceding 5 operating years. 

Issued in Washington, DC, on April 28, 

2022, under authority delegated in 49 CFR 

1.97. 

Tristan H. Brown, 

Deputy Administrator. 

[FR Doc. 2022–09474 Filed 5–3–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RIN 0648–XB936 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined, based 

on consideration of the regulatory 

determination criteria regarding 

inseason adjustments, that the Atlantic 

bluefin tuna (BFT) daily retention limit 

that applies to Highly Migratory Species 

(HMS) Angling and HMS Charter/ 

Headboat permitted vessels (when 

fishing recreationally for BFT) should be 

adjusted for the remainder of 2022. 

NMFS is adjusting the Angling category 

BFT daily retention limit from the 

default of one school, large school, or 

small medium BFT to: Two school BFT 

and one large school/small medium BFT 

per vessel per day/trip for private 

vessels with HMS Angling permits; 


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26300 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 

three school BFT and one large school/ 

small medium BFT per vessel per day/ 

trip for charter boat vessels with HMS 

Charter/Headboat permits when fishing 

recreationally; and six school BFT and 

two large school/small medium BFT per 

vessel per day/trip for headboat vessels 

with HMS Charter/Headboat permits 

when fishing recreationally. These 

retention limits are effective in all areas, 

except for the Gulf of Mexico, where 

targeted fishing for BFT is prohibited. 

DATES: Effective May 6, 2022, through 

December 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

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

301–427–8503, Nicholas Velseboer, 

nicholas.velseboer@noaa.gov, 978–675– 

2168, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9347. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

Atlantic HMS FMP and its amendments. 

NMFS is required under the MSA to 

provide U.S. fishing vessels with a 

reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,247.86 mt (not including the 25-mt 

ICCAT allocated to the United States to 

account for bycatch of BFT in pelagic 

longline fisheries in the Northeast 

Distant Gear Restricted Area). The 

Angling category baseline quota is 232.4 

mt. This baseline quota is further 

subdivided into subquotas by size class 

(see Table 1) as follows: 127.3 mt for 

school BFT, 99.8 mt for large school/ 

small medium BFT, and 5.3 mt for large 

medium/giant BFT. Large school and 

small medium BFT traditionally have 

been managed as one size class, i.e., a 

limit of one large school/small medium 

BFT (measuring 47 to less than 73 

inches). Similarly, large medium and 

giant BFT traditionally have been 

managed as one size class that is also 

known as the ‘‘trophy’’ class. Currently, 

the default Angling category daily 

retention limit of one school, large 

school, or small medium BFT is in effect 

and applies to HMS Angling and HMS 

Charter/Headboat permitted vessels 

(when fishing recreationally for BFT) 

(§ 635.23(b)(2)). 

TABLE 1—BFT SIZE CLASSES

Size class Curved fork length 

School ....... 27 to less than 47 inches (68.5 

to less than 119 cm). 

Large 

school.

47 to less than 59 inches (119 

to less than 150 cm). 

Small medium.59 to less than 73 inches (150 

to less than 185 cm). 

Large medium.73 to less than 81 inches (185 

to less than 206 cm). 

Giant ......... 81 inches or greater (206 cm or 

greater). 

Adjustment of Angling Category Daily 

Retention Limit 

Under § 635.23(b)(3), NMFS may 

increase or decrease the Angling 

category retention limit for any size 

class of BFT after considering regulatory 

determination criteria under 

§ 635.27(a)(8). Also under § 635.23(b)(3), 

recreational retention limits may be 

adjusted separately for specific vessel 

type, such as private vessels, headboats, 

or charter boats. 

As discussed below, NMFS has 

considered all of the relevant 

determination criteria and their 

applicability to the change in the 

Angling category retention limit. After 

considering these criteria, NMFS has 

decided to adjust the Angling category 

retention limits as follows: 

(1) For private vessels with HMS 

Angling permits, this action adjusts the 

limit upwards to two school BFT and 

one large school/small medium BFT per 

vessel per day/trip (i.e., two BFT 

measuring 27 to less than 47 inches, and 

one BFT measuring 47 to less than 73 

inches). 

(2) For charter boat vessels with HMS 

Charter/Headboat permits, this action 

adjusts the limit upwards to three 

school BFT and one large school/small 

medium BFT per vessel per day/trip 

when fishing recreationally for BFT (i.e., 

three BFT measuring 27 to less than 47 

inches, and one BFT measuring 47 to 

less than 73 inches). 

(3) For headboat vessels with HMS 

Charter/Headboat permits, this action 

adjusts the limit upwards to six school 

BFT and two large school/small 

medium BFT per vessel per day/trip 

when fishing recreationally for BFT (i.e., 

six BFT measuring 27 to less than 47 

inches, and two BFT measuring 47 to 

less than 73 inches). 

Regardless of the duration of a fishing 

trip, the daily retention limit applies 

upon landing. For example, whether a 

private vessel (fishing under the 

Angling category retention limit) takes a 

two-day trip or makes two trips in one 

day, the day/trip limit of two school 

BFT and one large school/small medium 

BFT applies and may not be exceeded 

upon landing. 

Consideration of the Determination 

Criteria 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

recreational fishermen continue to 

provide NMFS with valuable parts and 

data for ongoing scientific studies of 

BFT age and growth, migration, and 

reproductive status. Additional 

opportunity to land BFT would support 

the continued collection of a broad 

range of data for these studies and for 

stock monitoring purposes. 

NMFS also considered the catches of 

the Angling category quota to date and 

the likelihood of closure of that segment 

of the fishery if no adjustment is made 

(§ 635.27(a)(8)(ii)). Additionally, NMFS 

considered Angling category landings in 

2020 and 2021, which were 

approximately 87 percent of the 232.4- 

mt annual Angling category quota in 

both 2020 and 2021, including landings 

of approximately 64 percent of the 

available school BFT quota in both 2020 

and 2021, under the same daily 

retention limits as implemented in this 

action. Thus, absent retention limit 

adjustment, NMFS anticipates that the 

available 2022 Angling category quota 

would not be harvested under the 

default retention limit. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP 

(§ 635.27(a)(8)(v) and (vi)). These 

retention limits would be consistent 

with established quotas and subquotas, 

which are implemented consistent with 

ICCAT recommendations, (established 

in Recommendation 17–06 and 

maintained in Recommendation 20–06), 

ATCA, and the objectives of the 2006 

Consolidated HMS FMP and 

amendments. While not yet 

implemented, NMFS anticipates these 

retention limits would also be 

consistent with ICCAT 

Recommendation 21–07. In establishing 


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Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 26301 

these quotas and subquotas and 

associated management measures, 

ICCAT and NMFS considered the best 

scientific information available, 

objectives for stock management and 

status, and effects on the stock. These 

retention limits are in line with these 

established management measures. It is 

also important that NMFS limit landings 

to the subquotas both to adhere to the 

FMP quota allocations and to ensure 

that landings are as consistent as 

possible with the pattern of fishing 

mortality (e.g., fish caught at each age) 

that was assumed in the latest stock 

assessment, and these retention limits 

are consistent with those objectives. 

Another principal consideration in 

setting the retention limit is the 

objective of providing opportunities to 

harvest the available Angling category 

quota without exceeding the available 

quota, based on the objectives of the 

2006 Consolidated HMS FMP and 

amendments, including to achieve 

optimum yield on a continuing basis 

and to allow all permit categories a 

reasonable opportunity to harvest the 

available BFT quota allocations (related 

to § 635.27(a)(8)(x)). 

NMFS considered input on 

recreational limits from the HMS 

Advisory Panel at its May and 

September 2021 meetings and that 

ICCAT recommendations and HMS 

implementing regulations limit the 

allowance for landings of school bluefin 

tuna to 10 percent of the U.S. baseline 

quota (i.e., 127.3 mt). The 2021 school 

BFT landings represented 

approximately 6 percent of the total U.S. 

quota for 2021, well under the ICCAT 

recommended 10-percent limit. NMFS 

is not setting higher school BFT limits 

than the adjustments listed due to the 

potential risk of exceeding the ICCAT 

tolerance limit on school BFT and other 

considerations, such as potential effort 

shifts to BFT fishing as a result of 

current recreational retention limits for 

New England groundfish and striped 

bass as well as high variability in 

bluefin tuna availability. 

Given that the Angling category 

landings fell short of the available quota 

in 2020 and 2021, even with the 

retention limit adjustments, and 

considering the regulatory criteria 

above, NMFS has determined that the 

Angling category retention limits 

applicable to HMS Angling and HMS 

Charter/Headboat permitted vessels 

should be adjusted upwards from the 

default levels. 

NMFS has also concluded that 

implementation of separate limits for 

private, charter boat, and headboat 

vessels is appropriate, recognizing the 

different nature, socio-economic needs, 

and recent landings results of the two 

components of the recreational BFT 

fishery. For example, charter operators 

historically have indicated that a 

retention limit greater than the default 

limit of one fish is vital to their ability 

to attract customers. In addition, Large 

Pelagics Survey estimates indicate that 

charter/headboat BFT landings averaged 

31 percent of recent recreational 

landings for 2020 through 2021, with 

the remaining 69 percent landed by 

private vessels. NMFS has further 

concluded that a higher limit for 

headboats (than charter boats) is 

appropriate, given the limited number 

of headboats participating in the bluefin 

tuna fishery. 

NMFS anticipates that the BFT daily 

retention limits in this action will result 

in landings during 2022 that would not 

exceed the available subquotas. Lower 

retention limits could result in 

substantial underharvest of the Angling 

category subquota, and increasing the 

daily limits further may risk exceeding 

the available quota, contrary to the 

objectives of the 2006 Consolidated 

HMS FMP and amendments. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fisheries closely through the 

mandatory landings and catch reports. 

HMS Angling and HMS Charter/ 

Headboat permitted vessel owners are 

required to report the catch of all BFT 

retained or discarded dead, within 24 

hours of the landing(s) or end of each 

trip, by accessing hmspermits.noaa.gov, 

using the HMS Catch Reporting app, or 

calling (888) 872–8862 (Monday 

through Friday from 8 a.m. until 4:30 

p.m.). Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional retention 

limit adjustments or closures are 

necessary to ensure available quota is 

not exceeded or to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. If 

needed, subsequent adjustments will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (978) 

281–9260, or access 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

HMS Angling and HMS Charter/ 

Headboat permit holders may catch and 

release (or tag and release) BFT of all 

sizes, subject to the requirements of the 

catch-and-release and tag-and-release 

programs at § 635.26. All BFT that are 

released must be handled in a manner 

that will maximize their survival, and 

without removing the fish from the 

water, consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at https://www.fisheries.

noaa.gov/resource/outreach-andeducation/careful-catch-and-releasebrochure. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator (AA) for 

NMFS finds that it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on, this action for the 

following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and 

amendments provide for inseason 

adjustments to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. Affording 

prior notice and opportunity for public 

comment to implement the daily 

retention limit for the remainder of 2022 

at this time is impracticable. Based on 

available BFT quotas, fishery 

performance in recent years, and the 

availability of BFT on the fishing 

grounds, immediate adjustment to the 

Angling category BFT daily retention 

limit from the default levels is 

warranted to allow fishermen to take 

advantage of the availability of fish and 

of quota. NMFS could not have 

proposed these actions earlier, as it 

needed to consider and respond to 

updated landings data from the 2021 

Angling category. If NMFS was to offer 

a public comment period now, after 

having appropriately considered those 

data, it could preclude fishermen from 

harvesting BFT that are legally available 

consistent with all of the regulatory 

criteria, and/or could result in selection 

of a retention limit inappropriately high 

or low for the amount of quota available 

for the period. 

Fisheries under the Angling category 

daily retention limit are currently 

underway and thus prior notice would 

be contrary to the public interest. Delays 

in increasing daily recreational BFT 

retention limit would adversely affect 

those HMS Angling and HMS Charter/ 

Headboat permitted vessels that would 

otherwise have an opportunity to 

harvest more than the default retention 

limit of one school, large school, or 

small medium BFT per day/trip and 

may exacerbate the problem of low 

catch rates and quota rollovers. Analysis 

of available data shows that adjustment 


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26302 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 

to the BFT daily retention limit from the 

default level would result in minimal 

risks of exceeding the ICCAT-allocated 

quota. Therefore, the AA finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment. For all of the above 

reasons, there is good cause under 5 

U.S.C. 553(d) to waive the 30-day delay 

in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: April 29, 2022. 

Jennifer M. Wallace, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2022–09573 Filed 5–3–22; 8:45 am] 

BILLING CODE 3510–22–P 


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