Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 42373 

section and when the trailer’s cargo 

doors, tailgate and other permanent 

structures are positioned as they 

normally are when the trailer is in 

motion, with non-structural protrusions 

excluded from the determination of the 

rearmost point, such as: 

(1) Tail lamps; 

(2) Rubber bumpers; 

(3) Hinges and latches; and 

(4) Flexible aerodynamic devices 

capable of being folded to within 305 

mm from the transverse vertical plane 

tangent to the rear most surface of the 

horizontal member for vertical heights 

below 1,740 mm above ground and, 

when positioned as they normally are 

when the trailer is in motion, are 

located forward of the transverse plane 

that is tangent to the rear bottom edge 

of the horizontal member and 

intersecting a point located 1,210 mm 

rearward of the horizontal member and 

1,740 mm above the ground. 

* * * * * 

Issued under authority delegated in 49 CFR 

1.95 and 501.5. 

Steven S. Cliff, 

Administrator. 

[FR Doc. 2022–14330 Filed 7–14–22; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220–711–0152; RTID 0648– 

XB986] 

Atlantic Highly Migratory Species; 

Adjustments to 2022 North and South 

Atlantic Swordfish Quotas 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary final rule. 

SUMMARY: NMFS adjusts the 2022 

baseline quotas for U.S. North and 

South Atlantic swordfish based on 

available underharvest of the 2021 

adjusted U.S. quotas. This action is 

necessary to implement binding 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), as required by 

the Atlantic Tunas Convention Act 

(ATCA), and to achieve domestic 

management objectives under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). This action to 

adjust the quotas is only temporary and 

will be effective through December 31, 

2022. On January 1, 2023, the 

unadjusted annual baseline allocations 

of North and South Atlantic swordfish 

will renew and be available to harvest 

consistent with HMS regulations. 

DATES: Effective August 15, 2022, 

through December 31, 2022. 

ADDRESSES: Supporting documents, 

including environmental assessments 

and environmental impact statements, 

as well as the 2006 Consolidated 

Atlantic Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

and its amendments may be 

downloaded from NOAA Fisheries’ 

HMS Division website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These 

documents also are available upon 

request from Erianna Hammond or 

Steve Durkee at the email addresses and 

telephone number below. 

FOR FURTHER INFORMATION CONTACT: 

Erianna Hammond (erianna.hammond@

noaa.gov) or Steve Durkee 

(steve.durkee@noaa.gov) at 301–427– 

8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including swordfish 

fisheries, are managed under the 

authority of ATCA (16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Act (16 

U.S.C. 1801 et seq.). The 2006 

Consolidated HMS FMP and its 

amendments are implemented by 

regulations at 50 CFR part 635. Section 

635.27(c) implements the ICCATrecommended quotas and describes the 

quota adjustment process for both North 

and South Atlantic swordfish. NMFS is 

required under the Magnuson-Stevens 

Act 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. 

North Atlantic Swordfish Annual 

Quota and Adjustment Process 

Consistent with the North Atlantic 

swordfish quota regulations at 

§ 635.27(c), NMFS adjusts the U.S. 

annual North Atlantic swordfish quota 

for allowable underharvest, if any, in 

the previous year. NMFS makes such 

adjustments consistent with ICCAT 

limits and when catch information for 

the prior year is available. Under ICCAT 

Recommendation 16–03, as amended by 

Recommendation 21–02, the U.S. North 

Atlantic swordfish baseline annual 

quota for 2018 through 2022 is 2,937.6 

metric tons (mt) dressed weight (dw) 

(3,907 mt whole weight (ww)). The 

maximum underharvest that the United 

States may carry forward from one year 

to the next is 15 percent of the baseline 

quota, which equals 440.6 mt dw (586 

mt ww) for the United States. In 2021, 

the adjusted North Atlantic swordfish 

quota was 3,378.2 mt dw (2,937.6 mt dw 

baseline quota + 440.6 mt dw carried 

over from 2020). 

Preliminary total 2021 U.S. North 

Atlantic swordfish catch, which 

includes landings and dead discards, 

was 961.8 mt dw, which is an 

underharvest of 2,416.4 mt dw of the 

2021 adjusted quota. This underharvest 

exceeds the 440.6-mt dw underharvest 

carryover limit allowed under 

Recommendation 21–02. Thus, NMFS is 

carrying forward 440.6 mt dw, the 

maximum carryover allowed. The 

2,937.6-mt dw baseline quota is 

increased by the underharvest carryover 

of 440.6 mt dw, resulting in a final 

adjusted North Atlantic swordfish quota 

for the 2022 fishing year of 3,378.2 mt 

dw (2,937.6 + 440.6 = 3,378.2 mt dw). 

From that adjusted quota, 50 mt dw will 

be allocated to the Reserve category for 

inseason adjustments and research, and 

300 mt dw will be allocated to the 

Incidental category, which covers 

recreational landings and landings by 

incidental swordfish permit holders, in 

accordance with regulations at 

§ 635.27(c)(1)(i). This results in an 

allocation of 3,028.2 mt dw 

(3,378.2¥50¥300 = 3,028.2 mt dw) for 

the directed category, split equally 

between two seasons in 2022 (January 

through June, and July through 

December) (Table 1). 

South Atlantic Swordfish Annual 

Quota and Adjustment Process 

Consistent with the South Atlantic 

swordfish quota regulations at 

§ 635.27(c), NMFS adjusts the U.S. 

annual South Atlantic swordfish quota 

for allowable underharvest, if any, in 

the previous year. NMFS makes such 

adjustments consistent with ICCAT 

limits when catch information for the 

prior year is available. Under ICCAT 

Recommendation 17–03 as amended by 

Recommendation 21–03, the U.S. South 

Atlantic swordfish baseline annual 

quota for 2018 through 2022 is 75.2 mt 

dw (100 mt ww) and the amount of 

underharvest that the United States can 

carry forward from one year to the next 

is 100 percent of the baseline quota 

(75.2 mt dw). Under Recommendations 

17–03 and 21–03, the United States 

continues to transfer a total of 75.2 mt 

dw (100 mt ww) to other countries. 

These transfers are 37.6 mt dw (50 mt 

ww) to Namibia, 18.8 mt dw (25 mt ww) 

to Coˆte d’Ivoire, and 18.8 mt dw (25 mt 

ww) to Belize. 

Since 2014, the annual U.S. adjusted 

South Atlantic swordfish quota has been 


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42374 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 

75.1 mt dw due to 0.1 mt dw of landings 

in 2013. Since the United States is 

allocated 75.2 mt dw of South Atlantic 

swordfish quota each year and 75.2 mt 

dw of South Atlantic swordfish quota is 

transferred to other countries each year, 

underharvest of the previous year 

largely drives the U.S. adjusted quota 

total for the stock. Since there was 0.1 

mt of South Atlantic swordfish landed 

in 2013, there was only 75.1 mt dw of 

underharvest available for 2014 

resulting in an adjusted quota of 75.1 mt 

dw for the 2014 fishing year. Similarly, 

subsequent years only had 75.1 mt dw 

of underharvest available each year to 

transfer to the next, resulting in a 75.1- 

mt dw adjusted quota each year through 

2021. To fix this minor accounting 

issue, the United States reduced its 

quota transfer to Belize in 2022 by 0.1 

mt dw, as reflected in the 2021 ICCAT 

compliance tables endorsed by the 

Commission at the 2021 Annual 

Meeting. 

U.S. fishermen landed no South 

Atlantic swordfish in 2021. The United 

States had 75.1 mt dw of quota available 

for accounting in 2021. Therefore, 75.1 

mt dw of underharvest is available to 

carry over to 2022. NMFS is carrying 

forward 75.1 mt dw to be added to the 

75.2-mt dw baseline quota. The quota is 

then reduced by the 75.1 mt dw of 

annual international quota transfers 

outlined above, including the minor 

reduction in the quota transfer to Belize 

for 2022, resulting in an adjusted South 

Atlantic swordfish quota of 75.2 mt dw 

for the 2022 fishing year (Table 1). 

TABLE 1—2022 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS

2021 2022 

North Atlantic swordfish Quota (mt dw): 

Baseline Quota ................................................................................................................................................. 2,937.6 2,937.6 

International Quota Transfer ............................................................................................................................ 0 0 

Total Underharvest from Previous Year ........................................................................................................... 2,278.12 2,416.4 

Underharvest Carryover from Previous Year † ................................................................................................ (+)440.6 (+)440.6 

Adjusted Quota ................................................................................................................................................. 3,378.2 3,378.2 

Quota Allocation: 

Directed Category ..................................................................................................................................... 3,028.2 3,028.2 

Incidental Category ................................................................................................................................... 300 300 

Reserve Category ..................................................................................................................................... 50 50 

South Atlantic swordfish Quota (mt dw): 

Baseline Quota ................................................................................................................................................. 75.2 75.2 

International Quota Transfers * ......................................................................................................................... (¥)75.2 (¥)75.1 

Total Underharvest from Previous Year ........................................................................................................... 75.1 75.1 

Underharvest Carryover from Previous Year † ................................................................................................ 75.1 75.1 

Adjusted quota .................................................................................................................................................. 75.1 75.2 

† Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for 

the South Atlantic. 

* Under ICCAT Recommendations 17–03 and 21–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 

mt ww), Coˆte d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). As detailed in the South Atlantic Swordfish Annual Quota and 

Adjustment Process section, the United States transferred 18.7 mt dw (24.94 mt ww) to Belize for 2022, resulting in total international quota 

transfers of 75.1 mt dw (99.94 mt ww). 

Classification 

NMFS is issuing this rule pursuant to 

305(d) of the Magnuson-Stevens Act. 

The NMFS Assistant Administrator 

(AA) has determined that this final rule 

is consistent with the 2006 Consolidated 

Atlantic HMS FMP and amendments, 

the Magnuson-Stevens Act, ATCA, and 

other applicable law. 

Pursuant to section 553(b)(B) of the 

Administrative Procedure Act (5 U.S.C. 

553(b)(B)), the AA finds that it is 

unnecessary and would be contrary to 

the public interest to provide prior 

notice of, and an opportunity for public 

comment on, this action for the reasons 

described below. 

The rulemaking process for the 2016 

North and South Atlantic Swordfish 

Quota Adjustment Rule (81 FR 48719, 

July 26, 2016) specifically provided 

prior notice of, and accepted public 

comment on, the formulaic quota 

adjustment processes for the swordfish 

fisheries and the manner in which they 

occur. These processes have not 

changed, and the application of these 

formulas in this action does not have 

discretionary aspects requiring 

additional agency consideration. Thus, 

it would be redundant to provide an 

opportunity for public comment on this 

action. There are no new quotas for 

2022, and the quota formulas are the 

same as in previous years. NMFS 

therefore is issuing this temporary final 

rule to adjust the North and South 

Atlantic swordfish quotas for 2022 

without prior notice and an additional 

opportunity for comment. Actions to 

adjust the swordfish quotas based on the 

previous year’s underharvest occur 

annually and the affected community 

expects similar adjustments in 2022. 

This action to adjust the 2022 quotas 

could not occur earlier in the year 

because preliminary 2021 landings data 

were not available until recently. 

This action is exempt from review 

under Executive Order 12866. 

This action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 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. 

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

et seq. 

Dated: July 12, 2022. 

Kimberly Damon-Randall, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–15203 Filed 7–14–22; 8:45 am] 

BILLING CODE 3510–22–P 


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