45514 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

aggregate, or by the private sector, of 

$100 million or more (adjusted annually 

for inflation) in any one year.’’ In 2017, 

that threshold is approximately $148 

million. HHS does not expect this rule 

to exceed the threshold. 

Executive Order 13132—Federalism 

HHS has reviewed this final rule in 

accordance with Executive Order 13132 

regarding federalism, and has 

determined that it does not have 

‘‘federalism implications.’’ This final 

rule would not ‘‘have substantial direct 

effects on the States, or on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that OMB 

approve all collections of information 

by a federal agency from the public 

before they can be implemented. This 

final rule is projected to have no impact 

on current reporting and recordkeeping 

burden for manufacturers under the 

340B Program. This final rule would 

result in no new reporting burdens. 

Comments are welcome on the accuracy 

of this statement. 

Dated: September 22, 2017. 

George Sigounas, 

Administrator, Health Resources and Services 

Administration. 

Thomas E. Price, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2017–20911 Filed 9–28–17; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

Federal Motor Vehicle Safety 

Standards 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 400 to 571, revised as 

of October 1, 2016, on page 319, in 

§ 571.106, standard S5.3.11 is reinstated 

to read as follows: 

§ 571.106 Standard No. 106; Brake hoses. 

* * * * * 

S5. Requirements—hydraulic brake 

hose, brake hose assemblies, and brake 

hose end fittings. 

* * * * * 

S5.3.11 Dynamic ozone test. A 

hydraulic brake hose shall not show 

cracks visible without magnification 

after having been subjected to a 48-hour 

dynamic ozone test (S6.9). 

* * * * * 

[FR Doc. 2017–21085 Filed 9–28–17; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 170815764–7877–01] 

RIN 0648–BH12 

International Fisheries; Pacific Tuna 

Fisheries; Revised 2017 Fishing 

Restrictions for Tropical Tuna in the 

Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is issuing regulations 

under the Tuna Conventions Act to 

implement amendments to Resolution 

C–17–01 (Conservation of Tuna in the 

Eastern Pacific Ocean During 2017) per 

Resolution C–17–02 (Conservation 

Measures for Tropical Tunas in the 

Eastern Pacific Ocean During 2018– 

2020 and Amendment to Resolution C– 

17–01) which was adopted by the InterAmerican Tropical Tuna Commission 

(IATTC or Commission) in July 2017. 

Applicable to the purse seine fleet 

fishing for tropical tunas (bigeye, 

yellowfin, and skipjack tuna) in the 

eastern Pacific Ocean (EPO) and only for 

the remainder of the 2017 calendar year, 

the amendments to Resolution C–17–01 

remove the total allowable catches 

(TACs) for bigeye tuna (BET) and 

yellowfin tuna (YFT), and replace them 

with an extension in the purse seine 

closure period from 62 days to 72 days. 

Additionally, to ensure that the time/ 

area closure, known as the corralito, 

does not overlap with the extended 

closure periods, the amendments also 

shift the dates for the corralito closure. 

This rule is necessary for the 

conservation of tropical tuna stocks in 

the EPO and for the United States to 

satisfy its obligations as a member of the 

IATTC. 

DATES: This final rule is effective 

September 29, 2017. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the regulatory 

impact review (RIR) are available via the 

Federal e-Rulemaking Portal: http://

www.regulations.gov, docket NOAA– 

NMFS–2017–0024 or contact with the 

Regional Administrator, Barry A. Thom, 

NMFS West Coast Region, 1201 NE 

Lloyd Blvd., Suite 1100, Portland, OR 

97232–1274, or 

RegionalAdministrator.WCRHMS@

noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, NMFS at 562–980– 

4066. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission. In 2003, the 

IATTC took the first step to dramatically 

revise the 1949 Convention by adopting 

the Convention for the Strengthening of 

the IATTC Established by the 1949 

Convention between the United States 

of America and the Republic of Costa 

Rica (Antigua Convention), which did 

not enter into force until 2010 when the 

requite number of members agreed to 

the revisions. After the Antigua 

Convention had entered into force in 

2010, the United States acceded to the 

Antigua Convention on February 24, 

2016. The full text of the Antigua 

Convention is available at: https://

www.iattc.org/PDFFiles2/Antigua_

Convention_Jun_2003.pdf. 

The IATTC consists of 21 member 

nations and four cooperating nonmember nations and facilitates scientific 

research into, as well as the 

conservation and management of, tuna 

and tuna-like species in the IATTC 

Convention Area. The IATTC 

Convention Area is defined as waters of 

the EPO within the area bounded by the 

west coast of the Americas and by 50° 

N. latitude, 150° W. longitude, and 50° 

S. latitude. The IATTC maintains a 

scientific research and fishery 

monitoring program and regularly 

assesses the status of tuna, sharks, and 

billfish stocks in the EPO to determine 

appropriate catch limits and other 

measures deemed necessary to promote 

sustainable fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua Convention 

As a Party to the Antigua Convention 

and a member of the IATTC, the United 

States is legally bound to implement 

decisions of the IATTC. The Tuna 

Conventions Act (16 U.S.C. 951 et seq.) 

directs the Secretary of Commerce, in 

consultation with the Secretary of State 


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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45515 

1Some tuna fishing vessels in the Eastern 

Tropical Pacific Ocean intentionally chase pods of 

dolphin that are swimming along the ocean surface 

and set their nets around the dolphins in order to 

harvest the yellowfin tuna swimming beneath the 

dolphins. This practice is lawful and regulated. 

and, with respect to enforcement 

measures, the U.S. Coast Guard, to 

promulgate such regulations as may be 

necessary to carry out the United States’ 

obligations under the Antigua 

Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

IATTC Resolution on Tropical Tuna 

Conservation 

The IATTC adopted Resolution C–17– 

02 by consensus at its 92nd meeting in 

July 2017. While the Resolution 

contains management measures for 

tropical tuna in the Convention Area for 

2018–2020, it also contains amendments 

to C–17–01, which is applicable in 2017 

only. The measures for 2018–2020 will 

be implemented in a different 

rulemaking. In contrast, this rule 

implements only the amendments to C– 

17–01 because they are applicable 

immediately and therefore need to be 

expeditiously implemented. 

The IATTC adopted Resolution C–17– 

01 in February 2017. C–17–01 included 

a provision not previously utilized in 

recent IATTC resolutions: Convention 

Area-wide TACs for yellowfin and 

bigeye tuna caught by purse seine 

vessels. As the 92nd Meeting of the 

IATTC approached in July 2017, the 

purse seine catch levels were monitored 

by the IATTC staff, who notified the 

IATTC that the TAC for class size 4 to 

6 purse seine vessels fishing on floating 

objects (97,711 metric tons) was near its 

limit. Due to the negative impacts an 

August closure would have on several 

countries, the Commission formulated 

an alternative solution that would 

relieve those social-financial impacts to 

industry while still protecting the stocks 

from overfishing. The IATTC scientific 

staff analyzed the conservation benefit 

of various alternatives for 2017 

management of tropical tunas and 

recommended, as they had during 

previous meetings, extending the 62-day 

purse seine closure period. 

Accordingly, the Commission agreed 

to amend C–17–01 to eliminate the 

TACs and extend the two closure period 

options from 62 days to 72 days. Two 

additional provisions of the amendment 

include: 

• Allowing vessels that harvest tunas 

by encircling dolphins 1 to fish with that 

method during the 10-day extension of 

the closure period (because the separate 

TAC for that fishery was not close to 

being reached at the time of agreement 

to Resolution C–17–02), and 

• shifting the dates of the time/area 

closure known as the corralito so that it 

does not overlap with the new dates of 

the closure periods. 

Most provisions of Resolution C–17– 

01 remain unchanged by the 

amendments, including: Full retention 

of tropical tunas on purse seine vessels, 

an opportunity to apply for exemption 

to the purse seine closure periods due 

to force majeure, and a country-specific 

bigeye tuna catch limit for longline 

vessels greater than 24 meters in length. 

Final Regulations—Tuna Conservation 

Measures for 2017 

This final rule is implemented under 

the Tuna Conventions Act (16 U.S.C. 

951 et seq.), as amended on November 

5, 2015, by title II of Public Law 114– 

81. 

This rule removes the two TACs for 

yellowfin and bigeye tuna codified at 50 

CFR 300.25(d): Class size 4 to 6 purse 

seine vessels that fish on floating 

objects—97,711 mt, and class size 6 

vessels fishing in association (chasing 

and encircling) with dolphins—162,182 

mt. Under 50 CFR 300.25(e), the two 

closure period options for class 4 to 6 

purse seine vessels (each vessel must 

choose only one by which it will abide) 

are extended from 62 days to 72 days as 

follows: July 29, 2017–October 8, 2017, 

or November 9, 2017–January 19, 2018. 

Purse seine vessels with a dolphin 

mortality limit may fish during the 10 

days that are being added to the 

extended closure period they are 

observing, provided the vessels are not 

used to make sets on floating objects 

during those 10 days. Those periods are 

respectively September 29, 2017– 

October 8, 2017, or November 9, 2017– 

November 18, 2017. Lastly, the corralito 

area remains unchanged, but the dates 

of the closure are shifted to October 9, 

2017–November 8, 2017. 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the Tuna Conventions 

Act of 1950 and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

There are no new collection-ofinformation requirements associated 

with this action that are subject to the 

Paperwork Reduction Act (PRA), and 

the existing collection-of-information 

requirements still apply under Control 

Number 0648–0387. Notwithstanding 

any other provision of the law, no 

person is required to respond to, and no 

person shall be subject to penalty for 

failure to comply with, a collection of 

information subject to the requirements 

of the PRA, unless that collection of 

information displays a currently valid 

OMB control number. All currently 

approved NOAA collections of 

information may be viewed at: http://

www.cio.noaa.gov/services_programs/ 

prasubs.html. 

The Assistant Administrator for 

Fisheries finds good cause, pursuant to 

5 U.S.C. 553(b)(B), to waive advance 

notice and comment. The decision by 

the IATTC that is being implemented by 

this rule was made on July 28, 2017. 

NMFS has no discretion to change this 

decision. This decision is binding under 

international law, and failure to ensure 

domestic implementation would render 

the nation out of compliance with our 

international treaty obligations, as well 

as failing to adequately conserve and 

manage target stocks of tropical tuna. 

Therefore, providing advance notice and 

consideration of public comments 

before implementing this decision 

would be impracticable because the first 

closed period (described above) under 

the existing regulations ends on 

September 27, 2017, but under the 

newly adopted international treaty 

obligations, the United States must 

ensure that vessels subject to that first 

closed period are prevented from fishing 

beginning on September 28 for an 

additional 10 days. The public interest 

dictates that the nation adheres to 

international legal obligations and 

continues to adequately conserve and 

manage tropical tunas in the Pacific. 

Therefore, it would be impracticable 

and contrary to the public interest to 

publish a proposed rule and provide 

advance notice and comment before 

implementing the revisions to IATTC 

Resolution C–17–01. 

The Assistant Administrator for 

Fisheries also finds good cause, 

pursuant to 5 U.S.C. 553(d)(3), to waive 

the 30-day delay in effectiveness of the 

rule. Since the binding IATTC 

resolution makes these measures 

effective immediately, and the extended 

closure dates begin on September 28, 

2017, this rule must be enforceable at 

least by that date. As explained above, 

this date is set in a binding resolution 

and cannot be changed by NMFS. 

Failure to implement the resolution by 

this date would risk putting the United 

States out of compliance with our 

international Treaty obligations, as well 

as failing to adequately conserve and 

manage tropical tuna stocks in the 

Pacific. 

Ensuring conservation of tropical tuna 

stocks in the EPO, and remaining in 


asabaliauskas on DSKBBXCHB2PROD with RULES
45516 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

compliance with binding international 

obligations of the United States, by 

expedient domestic implementation of 

Resolution C–17–02 through issuing this 

final rule now rather than risking 

violation of our obligations or the health 

of tuna stocks is in the public’s interest. 

Therefore, there is good cause to waive 

the otherwise applicable requirement 

for a 30-day delay in effectiveness. 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 605(b), requires an RFA 

analysis only for rules subject to notice 

and comment rulemaking under Section 

553(b) of the Administrative Procedure 

Act or any other law. Because notice 

and comment are not required for this 

rule, as described above, no regulatory 

flexibility analysis is required and none 

has been prepared. 

List of Subjects in 50 CFR Part 300 

Fish, Fisheries, Fishing, Fishing 

vessels, International organizations, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: September 26, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300, subpart C is 

amended as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for 50 CFR 

part 300, subpart C, continues to read as 

follows: 

Authority: 16 U.S.C. 951 et seq. 

§ 300.24 [Amended] 

■ 2. In § 300.24, remove paragraph (ii). 

■ 3. In § 300.25, remove and reserve 

paragraph (d) and revise paragraphs 

(e)(1), (e)(3), and (e)(6) to read as 

follows: 

§ 300.25 Fisheries management. 

* * * * * 

(e) * * * 

(1) Closure periods—(i) General rule. 

A commercial purse seine fishing vessel 

of the United States of class size 4–6 

(more than 182 metric tons carrying 

capacity) may not be used to fish with 

purse seine gear in the Convention Area 

for 72 days during one of the following 

two closure periods: 

(A) From 0000 hours Coordinated 

Universal Time (UTC) July 29, 2017, to 

2400 hours UTC October 8, 2017; or, 

(B) From 0000 hours UTC November 

9, 2017, to 2400 hours UTC January 19, 

2018. 

(ii) Vessels with DMLs. 

Notwithstanding paragraph (e)(1)(i) of 

this section, a purse seine vessel for 

which a dolphin mortality limit has 

been assigned may fish during 10 days 

of the closure period the vessel selected, 

if the vessel makes no floating object 

sets during this period. The respective 

10-day periods are: 

(A) From 0000 hours UTC September 

29, 2017, to 2400 hours UTC October 8, 

2017; and, 

(B) From 0000 hours UTC November 

9, 2017, to 2400 hours UTC November 

18, 2017. 

* * * * * 

(3) If written notification is not 

submitted per paragraph (e)(2) of this 

section for a vessel subject to the 

requirements under paragraph (e)(1)(i) 

of this section, that vessel must adhere 

to the closure period under paragraph 

(e)(1)(i)(B) of this section. 

* * * * * 

(6) A fishing vessel of the United 

States of class size 4–6 (more than 182 

metric tons carrying capacity) may not 

be used from 0000 hours on October 9 

to 2400 hours on November 8 in 2017 

to fish with purse seine gear within the 

area bounded at the east and west by 96° 

and 110° W. longitude and bounded at 

the north and south by 4° N. and 3° S. 

latitude. 

* * * * * 

[FR Doc. 2017–20950 Filed 9–28–17; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSKBBXCHB2PROD with RULES