34746 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Issued at Washington, DC, this 21st day of

June 1996.

Federico F. Pen ̃ a,

Secretary of Transportation.

[FR Doc. 96–16935 Filed 7–2–96; 8:45 am]

BILLING CODE 4910–62–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 960314073–6145–02; I.D.

030896E]

RIN 0648–AI23

Atlantic Swordfish Fishery; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correction to final regulation.

SUMMARY: This document contains a

correction to the final regulation (I.D.

030896E) that was published Friday,

May 31, 1996, (61 FR 27304). The final

rule amended the regulations governing

the Atlantic swordfish fishery by setting

the 1996 quotas, and adjusting the

minimum size.

EFFECTIVE DATE: July 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Ronald G. Rinaldo or Rebecca Lent,

301–713–2347; fax: 301–713–0596.

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of this correction establishes, within the

1996 quota, the amount of set aside for

the harpoon segment of the fishery. In

§ 630.25, the first sentence of paragraph

(b) was revised to establish a 21,500 lb

(9,752 kg) dressed weight set aside for

the harpoon segment of the fishery

during the June 1 through November 30

semiannual period.

Need for Correction

As published, the final regulation

contains an error. In § 630.25, the

second sentence of paragraph (b) is

referenced instead of the first sentence

of paragraph (b).

Correction of Publication

Accordingly, the publication on May

31, 1996, of the final regulation (I.D.

030896E) that is the subject of FR Doc.

96–13690 is corrected as follows:

§ 630.25 [Corrected]

On page 27308, in the first column, in

amendatory instruction seven, ‘‘second’’

is corrected to read ‘‘first’’.

Dated: June 25, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 96–17053 Filed 7–2–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 697

[Docket No. 950605148–6180–03;I.D.

061296A]

RIN 0648–AH58

Atlantic Weakfish Fisheries; Exclusive

Economic Zone (EEZ) Moratorium Rule

Suspension

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: On February 16, 1996, the

U.S. District Court for the Eastern

District of Virginia, Norfolk Division,

vacated the Federal regulations for

Atlantic Coast weakfish in the EEZ.

NMFS has not enforced the regulations

since the court issued its order. In

accordance with the court’s order,

NMFS is suspending the regulations on

fishing for weakfish in the EEZ. The

suspension will remain in effect until

other regulations for weakfish are

implemented.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Richard H. Schaefer, Director, Office of

Fisheries Conservation and

Management, NMFS, 301–713–2334.

SUPPLEMENTARY INFORMATION: NMFS

implemented a final rule to impose a

moratorium on fishing for weakfish in

the EEZ (60 FR 58246, November 27,

1995). The regulations were

subsequently revised (61 FR 29321, June

10, 1996) although they are not

currently enforced. The rule was

implemented to support conservation

efforts developed through the Atlantic

States Marine Fisheries Commission’s

(Commission) Fishery Management Plan

for Weakfish (FMP).

On February 16, 1996, the U.S.

District Court for the Eastern District of

Virginia, Norfolk Division, ordered that

the final rule ‘‘is vacated and the

Secretary of Commerce and his

designees are hereby enjoined from

enforcing the Atlantic Coast Weakfish

Moratorium in the Exclusive Economic

Zone, promulgated at 60 FR 58245 (Nov.

27, 1995).’’

Upon the court’s ruling, fishermen

were immediately allowed to fish for

weakfish in the EEZ. Accordingly,

NMFS is suspending the Federal

regulations that imposed the

moratorium. The suspension will

remain in effect until replaced by other

regulations. NMFS is currently assessing

recent actions by the Commission and

will proceed with rulemaking if

appropriate.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

Because this rule implements a

February 16, 1996, court order to vacate

Federal regulations (60 FR 58246,

November 27, 1995) that imposed a

moratorium on fishing for Atlantic Coast

weakfish in the EEZ, the Assistant

Administrator for Fisheries (AA/F) for

good cause, under 5 U.S.C.(b)(B), waives

the requirement to provide prior notice

and an opportunity for public comment,

as such procedures are unnecessary.

Similarly, the AA/F, finds good cause

under 5 U.S.C. 553(d)(3) to waive the

30-day delay in the effective date.

List of Subjects in 50 CFR Part 697

Fisheries, Fishing.

Dated: June 27, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 697 is amended

as follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

1. The authority citation for part 697

continues to read as follows:

Authority: 16 U.S.C. 5101 et seq.

2. In § 697.6, paragraph (a) is

suspended.

[FR Doc. 96–17050 Filed 7–2–96; 8:45 am]

BILLING CODE 3510–22–F