42044 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 

Background 

Regulations such as those at 50 CFR 

17.40(c) are promulgated under section 

4(d) of the Act and are referred to as 

‘‘4(d) rules.’’ These rules apply only to 

threatened species. Petitions to amend 

4(d) rules are petitions under the 

Administrative Procedure Act (APA; 5 

U.S.C. 553(e)) and are considered in 

accordance with 50 CFR 424.10; 

424.14(a), (j), and Departmental 

regulations at 43 CFR part 14. A final 

rule published in 1990 reclassified all 

Tonkin snub-nosed monkeys from 

threatened to endangered (55 FR 39414, 

September 27, 1990), so the provisions 

of the 4(d) rule can no longer be applied 

to this endangered species. 

Accordingly, we are publishing this 

final rule without a prior proposal 

because this is a noncontroversial action 

that does not alter the regulatory 

protections afforded to this species and 

is a technical correction necessary to 

bring our regulations into conformity 

with the Act. 

Previous Federal Actions 

In 1976, as part of a decision to list 

26 species of primates as threatened or 

endangered under the Act, the Service 

proposed to list Tonkin snub-nosed 

monkeys as a threatened species (41 FR 

16466, April 19, 1976) and subsequently 

finalized the listing (41 FR 45990, 

October 19, 1976). In the same 

rulemaking, Tonkin snub-nosed 

monkeys were included in a new 4(d) 

rule for threatened primates at 50 CFR 

17.40(c). 

In 1990, all Tonkin snub-nosed 

monkeys were reclassified from 

threatened to endangered (55 FR 39414, 

September 27, 1990). 

In both the proposed rule and final 

rule reclassifying the species from 

threatened to endangered status (55 FR 

1486, January 16, 1990; 55 FR 39414, 

September 27, 1990), the Service 

indicated through the informational text 

‘‘NA’’ (not applicable) in the ‘‘Special 

rules’’ column of the List at 50 CFR 

17.11(h) that there are no 4(d) rules for 

that particular species. However, we 

failed to make the corresponding change 

to 50 CFR 17.40(c) to reflect the fact that 

the provisions there no longer applied 

to the now-endangered Tonkin snubnosed monkey. 

Taxonomy 

The terms monkey and langur are 

both used interchangeably in the 

common name for this species. 

However, the International Union for 

Conservation of Nature (IUCN) Red List, 

the Convention on International Trade 

in Endangered Species of Wild Fauna 

and Flora (CITES), the Integrated 

Taxonomic Information System (ITIS), 

and the List at 50 CFR 17.11(h) all use 

the term ‘‘monkey’’ for this species. 

The Tonkin snub-nosed monkey is 

currently listed in § 17.40(c)(1) as 

‘‘Tonkin snub-nosed langur (Pygathrix 

[Rhinopithecus] avunculus).’’ The snubnosed monkeys of the genus 

Rhinopithecus were formerly listed as a 

subgenus of Pygathrix, but 

Rhinopithecus was elevated to the full 

genus level in 2001(Groves 2001, p. 

287). This taxonomic change is now 

widely accepted in the scientific 

community, including CITES (CITES 

2017, p. 5), ITIS (ITIS 2017, 

unpaginated), and IUCN Red List (IUCN 

2017, unpaginated). Therefore, in this 

final rule we refer to the species as 

Tonkin snub-nosed monkey 

(Rhinopithecus avunculus), which is 

also how the species is presented in the 

List at 50 CFR 17.11(h). 

Administrative Procedure 

As explained above, this rulemaking 

is necessary to bring our regulations into 

compliance with the Act. Therefore, 

under these circumstances, we have 

determined, pursuant to 5 U.S.C. 

553(b)(3)(B), that prior notice and 

opportunity for public comment are 

impractical and unnecessary. Public 

opportunity for comment is simply not 

required when an agency amends a 

regulation to remove regulatory 

provisions that are not consistent with 

law. Such action is ministerial in nature 

and allows for no discretion on the part 

of the agency. Thus, public comment 

could not inform this process in any 

meaningful way. We have further 

determined, pursuant to 5 U.S.C. 

553(d)(3), that the agency has good 

cause to make this rule effective upon 

publication, which is to comply with 

the Act as soon as practicable. 

List of References Cited 

A list of the references cited in this 

final rule is provided in Docket No. 

FWS–HQ–ES–2017–0026 at http://

www.regulations.gov. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

Accordingly, we hereby amend part 

17, subchapter B of chapter I, title 50 of 

the Code of Federal Regulations, as set 

forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

§ 17.40 [Amended] 

■ 2. Amend § 17.40(c)(1) by: 

■ a. Adding the word ‘‘and’’ before 

‘‘purple-faced langur (Presbytis senex)’’; 

and 

■ b. Removing the phrase ‘‘; and Tonkin 

snub-nosed langur (Pygathrix 

[Rhinopithecus] avunculus)’’. 

Dated: August 30, 2017. 

James W. Kurth, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–18866 Filed 9–5–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket Nos. 090206140–91081–03 and 

120405260–4258–02] 

RIN 0648–XF673 

Authorization of Revised Reporting 

Requirements Due to Catastrophic 

Conditions for Federal Seafood 

Dealers in Texas and Portions of 

Louisiana 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; determination 

of catastrophic conditions. 

SUMMARY: In accordance with the 

regulations implementing the individual 

fishing quota (IFQ) and Federal dealer 

reporting programs specific to the 

commercial reef fish and coastal 

migratory pelagic (CMP) fisheries in the 

Gulf of Mexico (Gulf), the Regional 

Administrator, Southeast Region, NMFS 

(RA) has determined that Hurricane 

Harvey has caused catastrophic 

conditions in coastal and adjacent 

counties in the state of Texas, and 

Cameron and Vermilion parishes in 

Louisiana. Consistent with those 

regulations, the RA has authorized any 

dealer in the affected area who does not 

have access to electronic reporting to 

delay reporting of trip tickets to NOAA 

Fisheries from September 1, 2017, 

through October 15, 2017. The RA has 


nlaroche on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 42045 

also authorized IFQ participants within 

this affected area to use paper-based 

forms, if necessary, for basic required 

administrative functions, e.g., landing 

transactions, from September 1, 2017, 

through October 15, 2017. This 

temporary rule announcing the 

determination of catastrophic 

conditions and allowance of alternative 

methods for completing required IFQ 

and other dealer reporting 

administrative functions is intended to 

facilitate continuation of IFQ and dealer 

reporting operations during the period 

of catastrophic conditions. NMFS will 

continue to monitor and evaluate 

conditions. A subsequent Federal 

Register document will be published, if 

needed. 

DATES: The RA is authorizing applicable 

Federal dealers reporting within this 

affected area to use revised reporting 

methods from September 1, 2017, 

through October 15, 2017. 

FOR FURTHER INFORMATION CONTACT: IFQ 

Customer Service, telephone: 866–425– 

7627, fax: 727–824–5308, email: SERIFQ.Support@noaa.gov. For federal 

dealer reporting, Fisheries Monitoring 

Branch, telephone: 305–361–4581. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan (FMP) for Reef Fish 

Resources of the Gulf of Mexico, 

prepared by the Gulf of Mexico Council. 

The fishery for CMP fish (king mackerel, 

Spanish mackerel, and cobia) is 

managed under the FMP for the CMP 

Resources of the Gulf of Mexico and 

South Atlantic. Both FMPs are 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

The Generic Dealer Amendment 

established Federal dealer reporting 

requirements for federally permitted 

dealers in the Gulf and South Atlantic 

(79 FR 19490, April 9, 2014). 

Amendment 26 to the FMP established 

an IFQ program for the commercial red 

snapper component of the Gulf reef fish 

fishery (71 FR 67447, November 22, 

2006). Amendment 29 to the FMP 

established an IFQ program for the 

commercial grouper and tilefish 

components of the Gulf reef fish fishery 

(74 FR 44732, August 31, 2009). 

Regulations implementing these IFQ 

programs (50 CFR 622.21 and 622.22) 

and the dealer reporting requirements 

(50 CFR 622.5(c)) require that Federal 

dealers and IFQ participants have access 

to a computer and Internet and that they 

conduct administrative functions 

associated with dealer reporting and the 

IFQ program, e.g., landing transactions, 

online. However, these regulations also 

specify that during catastrophic 

conditions, as determined by the RA, 

the RA may waive or modify the 

reporting time requirements for dealers 

and authorize IFQ participants to use 

paper-based forms to complete 

administrative functions for the 

duration of the catastrophic conditions. 

The RA must determine that 

catastrophic conditions exist, specify 

the duration of the catastrophic 

conditions, and specify which 

participants or geographic areas are 

deemed affected. 

Hurricane Harvey made landfall 

between Port Aransas and Port 

O’Connor, Texas, as a Category 4 

hurricane on August 25, 2017. Strong 

winds and flooding from this hurricane 

impacted communities throughout 

coastal and eastern Texas and southwest 

Louisiana, resulting in power outages 

and damage to homes, businesses, and 

infrastructure. As a result, the RA has 

determined that catastrophic conditions 

exist in all coastal and adjacent counties 

of Texas and in Cameron and Vermilion 

Parishes, Louisiana. Through this 

temporary rule, the RA is authorizing 

Federal dealers to delay reporting of trip 

tickets to NOAA Fisheries and IFQ 

participants within this affected area to 

use paper-based forms, from September 

1, 2017, through October 15, 2017. 

NMFS will provide additional 

notification to affected participants via 

NOAA weather radio, Fishery Bulletins, 

and other appropriate means. NOAA 

Fisheries will continue to monitor and 

re-evaluate the areas and duration of the 

catastrophic conditions. 

Dealers may delay electronic 

reporting of trip tickets to NOAA 

Fisheries during catastrophic 

conditions. Dealers are to report all 

landings to NOAA Fisheries as soon as 

possible. Assistance for Federal dealers 

in effected areas is available at the 

Fisheries Monitoring Branch, 1–305– 

361–4581. NMFS previously provided 

IFQ dealers with the necessary paper 

forms (sequentially coded) and 

instructions for submission in the event 

of catastrophic conditions. Paper forms 

are also available from the RA upon 

request. The electronic systems for 

submitting information to NMFS will 

continue to be available to all 

participants, and participants in the 

affected area are encouraged to continue 

using these systems, if accessible. 

The administrative program functions 

available to participants in the area 

affected by catastrophic conditions will 

be limited under the paper-based 

system. There will be no mechanism for 

transfers of IFQ shares or allocation 

under the paper-based system in effect 

during catastrophic conditions. 

Assistance in complying with the 

requirements of the paper-based system 

will be available via the Catch Share 

Support line, 1–866–425–7627 Monday 

through Friday, between 8 a.m. and 4:30 

p.m. eastern time. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of reef fish and CMP 

species managed under the Gulf IFQ 

Programs and the Federal dealer 

reporting programs, and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.5(c), 622.21(a)(3)(iii), and 

622.22(a)(3)(iii), and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because this temporary rule is 

issued without opportunity for prior 

notice and comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive the requirements 

to provide prior notice and opportunity 

for public comment on this temporary 

rule. Such procedures are unnecessary 

because the rules implementing the Gulf 

IFQ programs and Federal dealer 

reporting have already been subject to 

notice and public comment. These rules 

authorize the RA to determine when 

catastrophic conditions exist, and which 

participants or geographic areas are 

deemed affected by catastrophic 

conditions. The rules also authorize the 

RA to provide timely notice to affected 

participants via publication of 

notification in the Federal Register, 

NOAA Weather Radio, Fishery 

Bulletins, and other appropriate means. 

All that remains is to notify the public 

that catastrophic conditions exist and 

that paper forms may be utilized in the 

affected area and that Federal dealers 

may submit delayed reports. 

Additionally, delaying this temporary 

rule to provide prior notice and 

opportunity for public comment would 

be contrary to the public interest 

because affected participants are still 

fishing for and receiving these species 

in the affected area and need a means 

of completing their landing transactions. 

With the power outages and damages to 

infrastructure that have occurred in the 

affected area due to Hurricane Harvey, 

numerous businesses are unable to 

complete landings transactions and 

dealer reports electronically. In order to 

continue with their businesses, they 

need to be aware they can still complete 


nlaroche on DSKBBV9HB2PROD with RULES
42046 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations 

landing transactions and dealer reports 

using the paper forms. 

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: September 1, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18963 Filed 9–1–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF653 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Trawl Gear 

in the Central Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure; request for comments. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher/ 

processors using trawl gear in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to fully use the 2017 total allowable 

catch apportioned to catcher/processors 

using trawl gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2017, 

through 1200 hours, A.l.t., November 1, 

2017. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., September 15, 2017. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2016–0127, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2016- 

0127, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

NMFS closed directed fishing for 

Pacific cod by catcher/processors using 

trawl gear in the Central Regulatory 

Area of the GOA under 

§ 679.20(d)(1)(iii) on January 1, 2017, 

pursuant to the final 2017 and 2018 

harvest specifications for groundfish of 

the Gulf of Alaska (82 FR 12032, 

February 27, 2017). 

NMFS has determined that as of 

August 29, 2017, approximately 970 

metric tons of Pacific cod remain in the 

2017 Pacific cod apportionment for 

catcher/processors using trawl gear in 

the Central Regulatory Area of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2017 

total allowable catch (TAC) of Pacific 

cod in the Central Regulatory Area of 

the GOA, NMFS is terminating the 

previous closure and is opening 

directed fishing for Pacific cod by 

catcher/processors using trawl gear in 

the Central Regulatory Area of the GOA. 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of Pacific cod by catcher/ 

processors using trawl gear in the 

Central Regulatory Area of the GOA 

and, (2) the harvest capacity and stated 

intent on future harvesting patterns of 

vessels in participating in this fishery. 

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 requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the opening of directed fishing for 

Pacific cod by catcher/processors using 

trawl gear in the Central Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of August 29, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Pacific cod by catcher/processors using 

trawl gear in the Central Regulatory 

Area of the GOA to be harvested in an 

expedient manner and in accordance 

with the regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

September 15, 2017. 

This action is required by § 679.25 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 30, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18818 Filed 8–31–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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