58058 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

shall include at least a summary 

statement of findings of the earlier 

images, followed by a complete reading 

of the last image, and dates and details 

of any laboratory tests and treatment for 

tuberculosis. 

(f) Procedure for transmitting records. 

For aliens issued immigrant visas, the 

medical notification and chest X-ray 

images, if any, shall be placed in a 

separate envelope which shall be sealed. 

When more than one chest X-ray image 

is used as a basis for the examiner’s 

conclusions, all images shall be 

included. 

(g) Failure to present records. When a 

determination of admissibility is to be 

made at the U.S. port of entry, a medical 

hold document shall be issued pending 

completion of any necessary 

examination procedures. A medical 

hold document may be issued for aliens 

who: 

(1) Are not in possession of a valid 

medical notification, if required; 

(2) Have a medical notification which 

is incomplete; 

(3) Have a medical notification which 

is not written in English; 

(4) Are suspected to have an 

excludable medical condition. 

(h) The Secretary of Homeland 

Security, after consultation with the 

Secretary of State and the Secretary of 

Health and Human Services, may in 

emergency circumstances permit the 

medical examination of refugees to be 

completed in the United States. 

(i) All medical examinations shall be 

carried out in accordance with such 

technical instructions for physicians 

conducting the medical examination of 

aliens as may be issued by the Director. 

Copies of such technical instructions are 

available upon request to the Director, 

Division of Global Migration and 

Quarantine, Mailstop E03, HHS/CDC, 

Atlanta GA 30333. 

Dated: June 25, 2008. 

Michael O. Leavitt, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. E8–23485 Filed 10–3–08; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XK40 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Reopening of the 2008 Deepwater 

Grouper and Tilefish Commercial 

Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS reopens the 

commercial fishery for deepwater 

grouper (misty grouper, snowy grouper, 

yellowedge grouper, warsaw grouper, 

and speckled hind) and tilefishes in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico. NMFS previously 

determined that the quotas for these 

commercial fisheries would be reached 

by May 10, 2008. The latest estimates 

for deepwater grouper and tilefish 

landings indicate the quotas were not 

reached by that date. Consequently, 

NMFS will reopen these fisheries for 10 

days. The purpose of this action is to 

allow the fisheries to maximize harvest 

benefits and at the same time protect the 

deepwater grouper and tilefish 

resources. 

DATES: The reopening is effective 12:01 

a.m., local time, November 1, 2008, 

until 12:01 a.m., local time, on 

November 11, 2008. The fisheries will 

then be closed until 12:01 a.m., local 

time, January 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for deepwater 

grouper in the Gulf of Mexico at 1.02 

million lb (463,636 kg) and for tilefish 

in the Gulf of Mexico at 440,000 lb 

(200,000 kg) for the current fishing year, 

January 1 through December 31, 2008. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. 

NMFS projected the fisheries for 

deepwater grouper and tilefishes would 

reach their respective quotas on May 10, 

2008, and closed the fisheries on that 

date (73 FR 24883, May 6, 2008). Based 

on current statistics, NMFS has 

determined that only 89 percent of the 

available commercial quotas for 

deepwater grouper and tilefishes were 

landed. Based on 2008 daily landings 

rates and the pounds remaining on each 

quota (approximately 100,000 lb (45,359 

kg) for deepwater grouper and 46,000 lb 

(20,865 kg) for tilefishes), NMFS has 

determined these fisheries can reopen 

for 10 days. Accordingly, NMFS is 

reopening the commercial deepwater 

grouper and tilefish fisheries in the Gulf 

of Mexico EEZ from 12:01 a.m., local 

time, on November 1, 2008, until 12:01 

a.m., local time, on November 11, 2008. 

The fisheries will then be closed until 

12:01 a.m., local time, on January 1, 

2009. November 1 was chosen as the 

opening day based on feedback from the 

fishing industry and weather concerns. 

Many fishers indicated that this was the 

most productive time for the reopening. 

NMFS also chose to wait until after the 

peak of hurricane season to promote 

safety at sea, consistent with National 

Standard 10 of the Magnuson-Stevens 

Act. 

The operator of a vessel with a valid 

commercial vessel permit for Gulf reef 

fish may not fish for or possess 

deepwater grouper or tilefishes prior to 

12:01 a.m., local time, November 1, 

2008, and must have landed and 

bartered, traded, or sold such deepwater 

grouper or tilefishes prior to 12:01 a.m., 

local time, November 11, 2008. 

During the closure, the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to all harvest or 

possession of deepwater grouper and 

tilefishes in or from the Gulf of Mexico 

EEZ, and the sale or purchase of 

deepwater grouper and tilefishes taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of deepwater 

grouper or tilefishes that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, November 11, 

2008, and were held in cold storage by 

a dealer or processor. Vessels with 

commercial quantities of Gulf reef fish 

on board are prohibited from retaining 

a recreational bag limit of Gulf reef fish. 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58059 

Thus, such a vessel may only have a 

commercial quantity of reef fish other 

than deepwater grouper or tilefishes or 

a recreational bag limit of Gulf reef fish. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary. Prior notice and 

opportunity for public comment on the 

reopening is unnecessary because the 

rule establishing the annual quota has 

already been subject to notice and 

comment, and all that remains is the 

annual administrative act of notifying 

the public of where harvest stands in 

relation to the quota, and in this case 

that additional time is needed to harvest 

the established quota. The rule contains 

a routine determination relative to 

harvest levels for the fishing year that 

are relatively insignificant in nature and 

impact to the industry and to the public 

as a whole. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 29, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–23582 Filed 10–3–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 622 and 697 

[Docket No. 080221249–81231–02] 

RIN 0648–AT13 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Atlantic 

Coastal Fisheries Cooperative 

Management Act Provisions; Atlantic 

Coast Red Drum Fishery off the 

Atlantic States; Transfer of 

Management Authority 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

repeal the Atlantic Coast Red Drum 

Fishery Management Plan (FMP) and to 

transfer the management authority of 

Atlantic red drum in the exclusive 

economic zone (EEZ) from the South 

Atlantic Fishery Management Council 

(South Atlantic Council), in cooperation 

with the Mid-Atlantic Fishery 

Management Council (Mid-Atlantic 

Council), under the Magnuson-Stevens 

Conservation and Management Act 

(Magnuson-Stevens Act) to the Atlantic 

States Marine Fisheries Commission 

(Commission) under the Atlantic 

Coastal Fisheries Cooperative 

Management Act (Atlantic Coastal Act), 

as requested by the Councils and the 

Commission. The intent of this final 

rule is to enhance the effectiveness and 

efficiency of managing Atlantic red 

drum. 

DATES: This final rule is effective 

November 5, 2008. 

ADDRESSES: Copies of the environmental 

assessment (EA), which describes the 

impacts of the transfer of management 

authority, may be obtained from Kate 

Michie, NMFS, Southeast Regional 

Office, 263 13th Avenue South, St. 

Petersburg, FL 33701; telephone 727– 

824–5305; fax 727–824–5308. 

FOR FURTHER INFORMATION CONTACT: Kate 

Michie, telephone: 727–824–5305. 

SUPPLEMENTARY INFORMATION: The 

Atlantic red drum fishery off the South 

Atlantic and Mid-Atlantic coastal states 

is currently managed under two 

separate FMPs. Atlantic red drum 

located in the EEZ are managed under 

the Atlantic Coast Red Drum FMP 

prepared by the South Atlantic Council, 

in cooperation with the Mid-Atlantic 

Council (Council FMP), and 

implemented under the authority of the 

Magnuson-Stevens Act by regulations at 

50 CFR part 622. The Council FMP 

prohibits harvest or possession of red 

drum in the South Atlantic and MidAtlantic EEZ. Atlantic red drum located 

in state waters are managed under the 

Interstate Fishery Management Plan 

(ISFMP) for Red Drum by the Atlantic 

coast states (New Jersey through 

Florida) and the Commission. This final 

rule repeals the Council FMP and 

implementing regulations issued under 

the Magnuson-Stevens Act and 

simultaneously replaces them with 

substantially identical regulations under 

the Atlantic Coastal Act. The Atlantic 

Coastal Act allows the Federal 

government to better coordinate its 

management practices with the states 

via the Commission process. The repeal 

of the Council FMP would occur at the 

same time as this rule is implemented. 

On April 3, 2008, NMFS published a 

proposed rule for the transfer of 

management authority of Atlantic red 

drum and requested public comment 

(73 FR 18253). The rationale for this 

action, including the statute giving 

authority to the Commission to manage 

Atlantic red drum in the EEZ, the 

purpose and need for transfer of 

management authority, and the benefits 

of this transfer are included in the 

preamble to the proposed rule and are 

not repeated here. 

Comments and Responses 

The following is a summary of the 

comments NMFS received on the 

proposed rule and NMFS’ responses. 

Three comments were received on this 

action. One comment was in favor of the 

transfer of management authority, one 

comment was opposed to the transfer of 

authority, and one comment was in 

favor of the transfer of authority but did 

not agree that regulations under the 

Atlantic Coastal Act are comparable to 

the current Magnuson-Stevens Act 

regulations. 

Comment 1: The first commenter 

stated the transfer of authority will 

result in more efficient and effective 

management for Atlantic red drum. 

Response: The purpose of this action 

is to manage Atlantic red drum under 

one FMP rather than two, thus 

minimizing management costs and 

eliminating unnecessary duplication of 

management efforts. This transfer of 

management authority furthers 

Magnuson-Stevens Act national 

standard 7, which states ‘‘Conservation 

and management measures shall, where 

practicable, minimize costs and avoid 

unnecessary duplication.’’ 

Comment 2: The second commenter 

stated the changes being proposed are 

anti-environmental in nature, and 

NMFS in particular is biased toward 

‘‘fish profiteers.’’ 

Response: This rule will not change 

existing restrictions prohibiting the 

harvest or possession of red drum in the 

EEZ. NMFS and the U.S. Coast Guard 

will continue to enforce those 

prohibitions. Repealing the Council 

FMP under the Magnuson-Stevens Act 

and simultaneously implementing 

comparable regulations under the 

Commission FMP under the Atlantic 

Coastal Act, will provide for a more 

efficient and timely rebuilding of the 

Atlantic red drum resource. 

Comment 3: One commenter stated 

the regulations under the Atlantic 

Coastal Act intended to replace those 

under the Magnuson-Stevens Act are 

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