[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53157-53158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21479]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 080302357-8834-02]
RIN 0648-AT79


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to the Explosive Removal of Offshore Structures in the Gulf 
of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Final rule, correction.

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SUMMARY: This document contains a correction to the final rule 
governing the taking of marine mammals incidental to the explosive 
removal of offshore structures in the Gulf of Mexico that was published 
in the Federal Register on Thursday June 19, 2008.

[[Page 53158]]


DATES: This correction is effective on September 15, 2008.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, at 301-
713-2289, ext 128.

SUPPLEMENTARY INFORMATION: The final rule that is the subject of this 
correction was published on Thursday, June 19, 2008 (73 FR 34875). That 
final rule contains an inadvertent error in the amendatory instruction 
concerning the removal of subpart R in 50 CFR part 216.
    Subpart R governs the taking of marine mammals incidental to 
construction and operation of offshore oil and gas facilities in the 
Beaufort Sea. That rule was published in the Federal Register on March 
7, 2006 (71 FR 11322), became effective on April 6, 2006, and remains 
in effect until April 6, 2011. The instruction that it should be 
``added and reserved'' is in error because Subpart R exists, and will 
remain in effect until April 6, 2011. In addition, the amendatory 
instruction is not an allowable instruction under Federal Register 
format rules. Therefore, this rule removes this instruction as it is 
confusing to the public and is an action that was not intended by NMFS.

Classification

    E.O. 12866: This final rule has been determined to be not 
significant under E.O. 12866.
    Administrative Procedure Act (APA): The Assistant Administrator 
(AA) for Fisheries finds good cause under 5 U.S.C. 553 (b)(B) to waive 
notice and opportunity for public comments as it is contrary to the 
public interest. The final rule published on Thursday, June 19, 2008 
(73 FR 34875) contained an inadvertent error in the amendatory 
instruction concerning the removal of subpart R in 50 CFR part 216. The 
amendatory instruction concerning the removal of subpart R in Part 216 
indicated that this subpart should be ``added and reserved,'' which was 
an action that was not intended by NMFS, and is not an allowable 
instruction under Federal Register format rules. As reflected in the 
rule that implemented the provisions of subpart R (March 7, 2006, 71 FR 
11322), NMFS intended these regulations to remain in effect until April 
6, 2011. In order to comply with Federal Register format rules and to 
avoid any confusion, this rule amends the June 19, 2008 final rule to 
delete the amendatory instruction concerning subpart R.
    The AA finds good cause under 5 U.S.C. 553(d) to waive the 30-day 
delay in effectiveness. As stated above, NMFS included a confusing and 
unallowable Federal Register instruction concerning subpart R in the 
June 19, 2008 final rule. As stated in its March 7, 2006 rule, NMFS 
intended subpart R to remain in effect until April 6, 2011. In order to 
prevent further confusion regarding the status of subpart R, the AA 
makes this rule effective immediately.

Correction

    The following is a correction to FR Doc. E8-13898, June 19, 2008:

0
1. On page 34889 in the third column, Instruction 2, reading ``Subpart 
R is added and reserved.'' is hereby removed.
0
2. On page 34889 in the third column, Instruction 3 is hereby 
redesignated as Instruction 2.

    Dated: September 8, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-21479 Filed 9-12-08; 8:45 am]
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