Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 68371 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–478–3160 or via the 

company’s Web site, http://www.

bcpiweb.com. To request materials in 

accessible formats for people with 

disabilities (braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

the Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Barbara A. Kreisman, 

Chief, Video Division, Media Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336, 

and 339. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Georgia is amended by removing 

channel 51 and adding channel 31 at 

Rome. 

[FR Doc. 2014–26991 Filed 11–14–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 224 and 226 

[Docket No. 140930817–4817–01] 

RIN 0648–XD533 

Endangered and Threatened Wildlife 

and Plants; Technical Corrections for 

the Hawaiian Monk Seal 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Direct final rule. 

SUMMARY: We, the National Marine 

Fisheries Service, announce the revised 

taxonomy of Monachus schauinslandi 

(Hawaiian monk seal) under the 

Endangered Species Act of 1973, as 

amended (ESA). We are revising the 

Enumeration of endangered marine and 

anadromous species and Critical habitat 

for Hawaiian monk seals to reflect the 

scientifically accepted taxonomy and 

nomenclature of this species. We revise 

the scientific name of the species as 

follows: Neomonachus schauinslandi (= 

M. schauinslandi). 

DATES: This rule is effective January 16, 

2015 without further action, unless 

significant adverse comment is received 

by December 17, 2014. 

ADDRESSES: You may submit comments, 

information, or data on this document, 

identified by NOAA–NMFS–2014–0128, 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic comments via the Federal 

eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0128, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Regulatory Branch Chief, Protected 

Resources Division, Pacific Islands 

Regional Office, NMFS Protected 

Resources Division, 1845 Wasp Blvd., 

Building 176, Honolulu, HI 96818. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by us. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous), although submitting 

comments anonymously will prevent us 

from contacting you if we have 

difficulty retrieving your submission. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, or Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: Jean 

Higgins, NMFS, Pacific Islands Regional 

Office, 808–725–5151; or Marta 

Nammack, NMFS, Office of Protected 

Resources (301) 427–8469. 

SUPPLEMENTARY INFORMATION: 

Purpose of This Rule 

The purpose of our direct final rule is 

to notify the public that we are revising 

the Enumeration of endangered marine 

and anadromous species and the Critical 

habitat for Hawaiian monk seals to 

reflect the scientifically accepted 

taxonomy and nomenclature of one 

mammal species listed under section 4 

of the ESA (16 U.S.C. 1531 et seq.). The 

changes to the Enumeration of 

endangered marine and anadromous 

species (50 CFR 224.101(h)) and Critical 

habitat for Hawaiian monk seals (50 

CFR 226.201) reflect the most recently 

accepted scientific name in accordance 

with 50 CFR 224.101(e). 

We are publishing this rule without 

prior proposal because this is a 

noncontroversial action that does not 

change the listing status of the species 

and, in the best interest of the regulated 

public, should be undertaken in as 

timely a manner as possible. This rule 

will be effective, as published in this 

document on the effective date specified 

in DATES, unless we receive significant 

adverse comments on or before the 

comment due date specified in DATES. 

Significant adverse comments are 

comments that provide strong 

justification as to why our rule should 

not be adopted or why it should be 

changed. 

If we receive significant adverse 

comments, we will publish a document 

in the Federal Register withdrawing 

this rule before the effective date, and 

we will engage in the normal 

rulemaking process to promulgate these 

changes to 50 CFR 224.101 and 50 CFR 

226.201. 

Background 

Under section 224.101(e) of title 50 of 

the Code of Federal Regulations (CFR) 

we use the most recently accepted 

scientific name of any species that we 

have determined to be an endangered or 

threatened species. Using the best 

available scientific information, our 


rmajette on DSK2TPTVN1PROD with RULES
68372 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 

direct final rule documents a taxonomic 

change (scientific name) to the 

Hawaiian monk seal (50 CFR 

224.101(h); 226.201). The basis for the 

taxonomic change is supported by a 

published study in a peer-reviewed 

journal. We revise the scientific name of 

this species under section 4 of the ESA 

(16 U.S.C. 1531 et seq.) as follows: 

Neomonachus schauinslandi (= 

Monachus schauinslandi). We make this 

change to the Enumeration of 

endangered marine and anadromous 

species (50 CFR 224.101(h)) and to 

Critical habitat for Hawaiian monk seals 

(50 CFR 226.201) to reflect the most 

recently accepted scientific name in 

accordance with 50 CFR 224.101(e). 

Taxonomy Classification 

Neomonachus schauinslandi 

The scientific name change of 

Neomonachus schauinslandi (Hawaiian 

monk seal) from Monachus 

schauinslandi is supported by genetic, 

temporal, and morphological evidence 

(Scheel et al., 2014), which indicates a 

closer relationship between the 

Hawaiian monk seal and M. tropicalis 

(Caribbean monk seal), as well as 

significant divergence between these 

two species and the endangered M. 

monachus (Mediterranean monk seal). 

For the first time, Scheel et al. (2014) 

used molecular data from Caribbean 

monk seal skins to better describe the 

relationship of this extinct species to the 

two living monk seal species 

(Mediterranean and Hawaiian). 

Phylogenetic analysis and divergence 

time estimation revealed that the 

Caribbean and Hawaiian monk seal 

species form a monophyletic clade and 

that the common ancestor of these two 

species likely diverged from the 

Mediterranean monk seal lineage over 6 

million year ago (Scheel et al., 2014). 

Morphological examinations of 

specimens of the three species also 

indicate distinctions between the 

Mediterranean monk seal and the 

Caribbean and Hawaiian species, which 

indicate variation in body size, pelage, 

dentition, as well as bone form and 

structure (Scheel et al., 2014). The 

morphological distinctions and 

evolutionary divergence described by 

Scheel et al. (2014) is equivalent to or 

greater than levels of molecular and 

morphological divergence between 

other sister phocid genera, and 

recognition of the divergence between 

the two extant species better describes 

their evolutionary, ecomorphological, 

and taxonomic uniqueness. Because the 

Caribbean and Hawaiian monk seal 

species form a monophyletic clade that 

has no previously proposed genus-level 

name, the generic name Neomonachus 

was prescribed by Scheel et al. (2014) as 

a reference to the new genus within the 

monk seals and its ‘‘New World’’ 

(Western Hemisphere) distribution. 

Within this newly recognized structure 

the genus species name of the Hawaiian 

monk seal and the Caribbean monk seal 

are Neomonachus schauinslandi and 

Neomonachus tropicalis, respectively. 

These changes result in technical 

revisions to provisions related to monk 

seals in 50 CFR 224.101(h) and 226.201. 

The taxonomic change for the Hawaiian 

monk seal is catalogued in ZooBank, the 

official register for the International 

Commission on Zoological 

Nomenclature, and has been recognized 

by NMFS and will be incorporated into 

all new NMFS publications pertaining 

to the species. This species will 

continue to be listed as endangered and 

is subject to the same protections as 

existed prior to these changes, and no 

other aspect of the entry for this species 

in 50 CFR 224.101(h) will change as a 

result of this rule. 

Required Determinations 

The Assistant Administrator for 

Fisheries finds that good cause exists to 

waive the requirement for prior notice 

and opportunity for public comment, 

pursuant to 5 U.S.C. 553(b)(B). Such 

procedures would be unnecessary as the 

taxonomic changes made in this rule are 

technical and reflect decisions already 

taken in the scientific community. This 

rule does not change the listing status of 

the Hawaiian monk seal under the ESA, 

and therefore does not alter the scope of 

the regulated community, or add any 

new requirements. 

This action is not subject to review 

under Executive Order 12866. Because a 

general notice of proposed rulemaking 

is not required, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

inapplicable. 

This final rule does not contain 

policies with federalism implications 

under Executive Order 13132. 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.). 

This rule will not impose recordkeeping 

or reporting requirements on State or 

local governments, individuals, 

businesses, or organizations. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

This final rule simply makes 

taxonomic changes relative to a 

previous listing determination under the 

ESA, and does not change the listing 

status of the Hawaiian monk seal. Per 

NAO 216–6, section 6.03e, we have 

concluded that ESA listing 

determinations are exempt from the 

requirements of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). 

References Cited 

Scheel, D.M., et al., 2014. Biogeography and 

taxonomy of extinct and endangered monk 

seals illuminated by ancient DNA and 

skull morphology. ZooKeys, 1. 

List of Subjects 

50 CFR Part 224 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

50 CFR Part 226 

Endangered and threatened species. 

Dated: November 12, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, we amend parts 224 and 226, 

subchapter C of chapter II, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

■ 2. Revise the Hawaiian monk seal 

entry under § 224.101(h) to read as 

follows: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(h) The endangered species under the 

jurisdiction of the Secretary of 

Commerce are: 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 68373 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed 

entity 

Marine Mammals 

*******

Seal, Hawaiian monk Neomonachus schauinslandi 

(= Monachus schauinslandi.) 

Entire Species ........ 41 FR 51611, Nov 

23, 1976.

226.201 NA 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

PART 226—DESIGNATED CRITICAL 

HABITAT 

■ 3. The authority citation for part 226 

continues to read as follows: 

Authority: 16 U.S.C. 1533. 

■ 4. Revise the heading of the Hawaiian 

monk seal entry under § 226.201 to read 

as follows: 

§ 226.201 Critical habitat for Hawaiian 

monk seals. 

HAWAIIAN MONK SEAL 

(Neomonachus schauinslandi 

(=Monachus schauinslandi)) 

* * * * * 

[FR Doc. 2014–27181 Filed 11–14–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120924488–3671–02] 

RIN 0648–XD599 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

2014 Commercial Accountability 

Measure and Closure for South 

Atlantic Gag 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for gag in the 

exclusive economic zone (EEZ) of the 

South Atlantic. Commercial landings for 

gag, as estimated by the Science 

Research Director, are projected to reach 

the commercial annual catch limit 

(ACL). Therefore, NMFS closes the 

commercial sector for gag in the South 

Atlantic EEZ on November 21, 2014, for 

the remainder of the 2014 fishing year, 

through December 31, 2014. This action 

is necessary to protect the South 

Atlantic gag resource. 

DATES: This rule is effective 12:01 a.m., 

local time, November 21, 2014, until 

12:01 a.m., local time, January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: catherine.hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic, which includes gag, is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic 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. 

The commercial ACL or commercial 

quota (quota) for gag in the South 

Atlantic is 326,722 lb (148,199 kg), 

gutted weight, for the current fishing 

year, as specified in 50 CFR 

622.190(a)(7). 

In accordance with regulations at 50 

CFR 622.193(c)(1), NMFS is required to 

close the commercial sector for gag 

when the quota has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

projected that the quota for South 

Atlantic gag will be reached on 

November 21, 2014. Accordingly, the 

commercial sector for South Atlantic 

gag is closed effective 12:01 a.m., local 

time, November 21, 2014, until 12:01 

a.m., local time, January 1, 2015. The 

recreational sector will continue to 

remain open through December 31, 

2014. 

Additionally, a seasonal closure is in 

place for the recreational and 

commercial sectors for gag from January 

through April each year as specified in 

50 CFR 622.183(b)(1). During the 

seasonal closure, no person may fish for, 

harvest, or possess any gag in or from 

the South Atlantic EEZ. Therefore, the 

2015 commercial gag season will not 

start until May 1, 2015. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having gag 

onboard must have landed and bartered, 

traded, or sold such gag prior to 12:01 

a.m., local time, November 21, 2014. 

During this commercial closure, the bag 

limit and possession limits specified in 

50 CFR 622.187(b)(2)(i) and (c)(1), 

respectively, apply to all harvest or 

possession of gag in or from the South 

Atlantic EEZ, and the sale or purchase 

of gag taken from the EEZ is prohibited. 

The prohibition on sale or purchase 

does not apply to the sale or purchase 

of gag that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, November 21, 2014, and 

were held in cold storage by a dealer or 

processor. For a person on board a 

vessel for which NMFS has issued a 

valid Federal commercial or charter 

vessel/headboat permit for South 

Atlantic snapper-grouper species, the 

sale and purchase provisions of the 

commercial closure and the bag and 

possession limits apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.190(c)(1). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic gag and 

is consistent with the MagnusonStevens Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(c)(1) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 


rmajette on DSK2TPTVN1PROD with RULES