Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Rules and Regulations 71959 

■ 9. On page 65018, in the left-hand 

column, revise § 668.413(c)(2) by 

removing the phrase ‘‘, in each case 

during the cohort period’’. 

■ 10. On page 65033, in the right-hand 

column, add footnotes 259 and 260 to 

read as follows: 

259 NCES, ‘‘Transferability of 

Postsecondary Credit Following Student 

Transfer or Coenrollment,’’ NCES 2014–163. 

Available at: http://nces.ed.gov/pubsearch/

pubsinfo.asp?pubid=2014163. 

260 NCES, ‘‘Transferability of 

Postsecondary Credit Following Student 

Transfer or Coenrollment,’’ NCES 2014–163, 

table 3. 

Program Authority: 20 U.S.C. 1001, 1002, 

1088. 

Dated: November 25, 2014. 

Arne Duncan, 

Secretary of Education. 

[FR Doc. 2014–28284 Filed 12–3–14; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD601 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2014 

Commercial Accountability Measure 

and Closure for Atlantic Migratory 

Group Cobia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

commercial Atlantic migratory group 

cobia in the exclusive economic zone 

(EEZ) of the South Atlantic. Commercial 

landings for Atlantic migratory group 

cobia, as estimated by the Science 

Research Director (SRD), are projected 

to reach the commercial annual catch 

limit (ACL) on December 11, 2014. 

Therefore, NMFS closes the commercial 

sector for Atlantic migratory group cobia 

on December 11, 2014, and it will 

remain closed throughout the remainder 

of the fishing year, through December 

31, 2014. This closure is necessary to 

protect the resource of Atlantic 

migratory group cobia. 

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

local time, December 11, 2014, until 

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

FOR FURTHER INFORMATION CONTACT: 

Britni LaVine, telephone: 727–824– 

5305, email: britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region (FMP). The FMP 

was prepared by the Gulf of Mexico and 

South Atlantic Fishery Management 

Councils (Councils) and is implemented 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

Separate migratory groups of cobia 

were established in Amendment 18 to 

the FMP. The southern boundary for 

Atlantic migratory group cobia occurs at 

the division between Gulf of Mexico 

and Atlantic migratory groups, which is 

set at the intercouncil jurisdictional 

boundary, off the Florida Keys. As 

specified in 50 CFR 600.105(c), the 

South Atlantic and Gulf of Mexico 

intercouncil boundary coincides with 

the line of demarcation between the 

Atlantic Ocean and the Gulf of Mexico, 

which begins at the intersection of the 

outer boundary of the EEZ, as specified 

in the Magnuson-Stevens Act, and 

83°00′ W. longitude, proceeds 

northward along that meridian to 24°35′ 

N. latitude, (near the Dry Tortugas 

Islands), then eastward along that 

parallel, through Rebecca Shoal and the 

Quicksand Shoal, to the Marquesas 

Keys, and then through the Florida Keys 

to the mainland at the eastern end of 

Florida Bay, the line so running that the 

narrow waters within the Dry Tortugas 

Islands, the Marquesas Keys and the 

Florida Keys, and between the Florida 

Keys and the mainland, are within the 

Gulf of Mexico. The northern boundary 

for Atlantic migratory group cobia is at 

the jurisdictional boundary between the 

Mid-Atlantic and New England 

Councils. As specified in 50 CFR 

600.105(a), the northern boundary 

begins at the intersection point of 

Connecticut, Rhode Island, and New 

York at 41°18′16.249′′ N. latitude and 

71°54′28.477′′ W. longitude and 

proceeds south along 37°22′32.75′′ E. 

longitude to the point of intersection 

with the outward boundary of the EEZ 

as specified in the Magnuson-Stevens 

Act. 

The commercial ACL or commercial 

quota (quota) for Atlantic migratory 

group cobia is 125,712 lb (57,022 kg), 

round weight, for the current fishing 

year, January 1 through December 31, 

2014, as specified in 50 CFR 

622.384(d)(2). 

The AMs specified at 50 CFR 

622.388(f)(1)(i) require NMFS to close 

the commercial sector for Atlantic 

migratory group cobia when its quota is 

reached or is projected to be reached, by 

filing a notification with the Office of 

the Federal Register to close the 

commercial sector for the remainder of 

the fishing year. NMFS has determined 

that the quota for Atlantic migratory 

group cobia will have been reached by 

December 11, 2014. Accordingly, the 

commercial sector for Atlantic migratory 

group cobia is closed effective 12:01 

a.m., local time, December 11, 2014, 

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

2015. 

The possession limit for cobia located 

at 50 CFR 622.383(b), specifies that no 

person may possess more than two 

cobia per day in or from the EEZ in the 

Gulf of Mexico, Mid-Atlantic, or South 

Atlantic, regardless of the number of 

trips or duration of a trip. In addition, 

a person who fishes in the EEZ may not 

combine this harvest limitation with a 

harvest limitation applicable to state 

waters. Atlantic migratory group cobia 

taken in the EEZ may not be transferred 

at sea, regardless of where such transfer 

takes place, and may not be transferred 

in the EEZ. 


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71960 Federal Register / Vol. 79, No. 233 / Thursday, December 4, 2014 / Rules and Regulations 

During the closure, the possession 

limit for cobia remains in effect, 

however, in accordance with regulations 

at 50 CFR 622.384(e)(3), the sale or 

purchase of Atlantic migratory group 

cobia taken under the possession limit 

is prohibited. The prohibition on sale 

and purchase does not apply to the sale 

or purchase of Atlantic migratory group 

cobia that were harvested, landed 

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

local time, December 11, 2014, and were 

held in cold storage by a dealer or 

processor. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Atlantic migratory group 

cobia and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.8(b) 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 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds good cause to waive 

the requirements 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 and contrary to the public 

interest. Such procedures are 

unnecessary and contrary to the public 

interest because the AMs for Atlantic 

migratory group cobia established by 

Amendment 18 to the FMP (76 FR 

82058, December 29, 2011), and located 

at 50 CFR 622.388(f)(1)(i), have already 

been subject to notice and comment, 

and all that remains is to notify the 

public of the commercial closure for the 

remainder of the 2014 fishing year. 

Additionally, there is a need to 

immediately implement the closure to 

prevent further commercial harvest and 

prevent the ACL from being exceeded, 

which will protect the cobia resource. 

Prior notice and opportunity for public 

comment on this action would be 

contrary to the public interest, because 

those affected by the closure need as 

much advance notice as NMFS is able 

to provide. 

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). 

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

Dated: November 28, 2014. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2014–28468 Filed 12–3–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140221166–4963–02] 

RIN 0648–BE01 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Framework Adjustment 3 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements final 

regulations to establish a process for 

setting river herring (alewife and 

blueback) and shad (American and 

hickory) catch caps for the herring 

fishery. This action also sets these catch 

caps for the 2014 and 2015 fishing 

years. The river herring and shad caps 

in the herring fishery will limit how 

much of these species will be caught in 

the herring fishery. This action will 

allow the New England Fishery 

Management Council to set river herring 

and shad catch caps and associated 

measures in future years through 

specifications or frameworks, whichever 

is appropriate. The measures in this 

action are a positive step in 

conservation efforts for river herring and 

shad. 

DATES: Effective December 4, 2014. 

ADDRESSES: The New England Fishery 

Management Council developed an 

environmental assessment (EA) for this 

action that describes the action and 

other considered alternatives and 

provides a thorough analysis of the 

impacts of these final measures and 

alternatives. Copies of the framework, 

the EA, and the Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available upon request from Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. The 

EA/RIR/IRFA is accessible via the 

Internet at http://www.greateratlantic.

fisheries.noaa.gov/sustainable/species/

atlherring/index.html. 

Copies of the small entity compliance 

guide are available from John K. 

Bullard, Regional Administrator, NMFS, 

Greater Atlantic Regional Fisheries 

Office, 55 Great Republic Drive, 

Gloucester, MA 01930–2298, or 

available on the Internet at http://www.

greateratlantic.fisheries.noaa.gov/

sustainable/species/atlherring/

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978–281–9272, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council adopted 

Framework Adjustment 3 to the Atlantic 

Herring Fishery Management Plan 

(FMP) at its September 24, 2013, 

meeting. The Council submitted 

Framework 3 to NMFS for review on 

January 3, 2014, and resubmitted it to 

NMFS on March 26, 2014. The Council 

reviewed the Framework 3 proposed 

rule regulations as drafted by NMFS, 

and deemed them to be necessary and 

appropriate as specified in section 

303(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act. The 

proposed rule for Framework 3 

published in the Federal Register on 

June 13, 2014 (79 FR 33879), with a 30- 

day public comment period that ended 

July 14, 2014. NMFS received four 

comments on the proposed measures. 

Framework 3 establishes a process for 

setting and modifying catch caps for 

river herring (alewife and blueback) and 

shad (American and hickory) catch caps 

in the Atlantic herring fishery (herring 

fishery), and sets specific river herring 

and shad catch caps for the 2014 and 

2015 fishing years. Catch of river 

herring and shad for 2014 will count 

against the cap in 2014 after the 

effective date of this final rule. 

River herring and shad are 

anadromous species that may co-occur 

seasonally with Atlantic herring and are 

harvested as a non-target species in the 

fishery. When river herring are 

encountered in the herring fishery, they 

are either discarded at sea (bycatch) or, 

because they closely resemble herring, 

they are retained and sold as part of the 

herring catch (incidental catch). 

According to the most recent river 

herring stock assessment (May 2012) 

conducted by the Atlantic States Marine 

Fisheries Commission (ASMFC), river 

herring populations have declined from 

historic levels and many factors will 

need to be addressed to allow their 

recovery, including: Fishing in both 

state and Federal waters; improvement 

of river passageways and water quality; 

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