67118 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

Background

The Aviation and Transportation

Security Act (ATSA) amends Chapter 1

of title 49, United States Code, by

establishing TSA within DOT. TSA is

headed by the Under Secretary of

Transportation for Security.

Accordingly, this rule amends Part 1 of

title 49, Code of Federal Regulations, to

reflect the establishment of TSA.

Specifically, these amendments (1) Add

the Under Secretary of Transportation

for Security to the definition of

‘‘Administrator;’’ (2) add TSA to the list

of operating elements within DOT that

report directly to the Secretary; and (3)

set forth TSA’s general responsibilities.

This rule is being published as a final

rule and made effective on the date

signed by the Secretary of

Transportation. As the rule relates to

departmental organization, procedure,

and practice, notice and comment on it

are unnecessary under 5 U.S.C. 553(b).

This action makes no substantive

changes to transportation regulations. In

addition, the functions addressed in this

rule must be implemented immediately

to facilitate the formation of TSA, as

created by the Act. Therefore, prior

notice and opportunity to comment are

unnecessary, and good cause exists to

dispense with the 30-day delay in the

effective date requirement so that TSA

may operate pursuant to the

amendments noted above.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

Issued this 20th day of December 2001, at

Washington, DC.

Norman Y. Mineta,

Secretary of Transportation.

In consideration of the foregoing, Part

1 of title 49, Code of Federal

Regulations, is amended as follows:

PART 1—[AMENDED]

1. The authority citation for Part 1 is

revised to read as follows:

Authority: 49 U.S.C. 322; 46 U.S.C.

2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2);

Pub. L. 101–552, 104 Stat. 2736; Pub L. 106–

159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat.

597.

2. In § 1.2, new paragraph (1) is added

to read as follows:

§ 1.2 Definitions.

* * * * *

(1) The Under Secretary of

Transportation for Security.

3. In § 1.3, new paragraph (b)(12) is

added to read as follows:

§ 1.3 Organization of the Department.

* * * * *

(b) * * *

(12) The Transportation Security

Administration, headed by the Under

Secretary of Transportation for Security.

4. In § 1.4, new paragraph (n) is added

to read as follows:

§ 1.4 General responsibilities.

* * * * *

(n) The Transportation Security

Administration. Is responsible for:

(1) Security relating to civil aviation

and all other modes of transportation

within the Department of

Transportation, including at

transportation facilities;

(2) Federal security screening

operations for passenger air

transportation and intrastate air

transportation;

(3) Managing and carrying out

program and regulatory activities,

including administering laws and

promulgating and enforcing securityrelated regulations and requirements in

all modes of transportation, including at

transportation facilities;

(4) Receiving, assessing, coordinating

and distributing intelligence

information related to transportation

security;

(5) Developing, coordinating and

carrying out plans to discover, prevent

and deal with threats to transportation

security;

(6) Identifying and undertaking

research and development activities

related to enhancing transportation

security; and

(7) Coordinating domestic

transportation, including aviation, rail,

and other surface transportation, and

maritime transportation (including port

security) and overseeing all

transportation related responsibilities of

the Federal Government, other than the

Department of Defense and the military

departments, during a national

emergency.

[FR Doc. 01–32021 Filed 12–21–01; 4:27 pm]

BILLING CODE 4910–62–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 011218303-1303-01; I.D.

110501B]

RIN 0648-AP70

Atlantic Highly Migratory Species;

Commercial Shark Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; request for

comments; fishing season notification.

SUMMARY: NMFS issues an emergency

rule to establish the commercial quotas

for large and small coastal sharks at

1,285 metric tons (mt) dressed weight

(dw) and 1,760 mt dw, respectively.

These regulations are necessary to

ensure that the regulations in force are

consistent with a court-approved

settlement agreement and are based on

the best available science. NMFS also

notifies eligible participants of the

opening and closing dates for the

Atlantic large coastal sharks (LCS),

small coastal sharks (SCS), pelagic

sharks, blue sharks, and porbeagle

sharks fishing seasons.

DATES: This emergency rule is effective

as of 12:01 a.m., local time, on January

1, 2002, through July 1, 2002.

The fishery opening for LCS is

effective January 1, 2002 through 11:30

p.m., local time, April 15, 2002. The

LCS closure is effective from 11:30 p.m.,

local time, April 15, 2002, through June

30, 2002.

The fishery opening for SCS, pelagic

sharks, blue sharks, and porbeagle

sharks is effective January 1, 2001,

through June 30, 2001, unless otherwise

modified or superseded through

publication of a closure notice in the

Federal Register.

Comments on the emergency rule

must be received no later than 5 p.m. on

March 28, 2002.

ADDRESSES: Written comments on this

emergency rule must be mailed to

Christopher Rogers, Chief, NMFS Highly

Migratory Species Management

Division, 1315 East-West Highway,

Silver Spring, MD 20910; or faxed to

301-713-1917. Comments will not be

accepted if submitted via email or the

Internet. Copies of the Environmental

Assessment and Regulatory Impact

Review prepared for this emergency rule

may be obtained from Margo SchulzeVerDate 11<MAY>2000 09:31 Dec 27, 2001 Jkt 197001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM pfrm01 PsN: 28DER1
Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67119

Haugen or Karyl Brewster-Geisz at the

same address.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen or Karyl

Brewster-Geisz at 301-713-2347.

SUPPLEMENTARY INFORMATION: The

Atlantic shark fisheries are managed

under the authority of the MagnusonStevens Fishery Conservation and

Management Act. The Fishery

Management Plan for Atlantic Tunas,

Swordfish, and Sharks (HMS FMP) is

implemented by regulations at 50 CFR

part 635.

On November 21, 2000, Southern

Offshore Fishing Association and other

commercial fishermen and dealers

(plaintiffs) and NMFS reached a

settlement agreement that prescribed

actions to be taken by both parties in

order to resolve issues raised in two

lawsuits brought against NMFS by the

plaintiffs. The first lawsuit was filed on

May 2, 1997, regarding the LCS quota

decrease of 50 percent. The second

lawsuit was filed on June 25, 1999,

regarding the commercial shark

measures in the HMS FMP and its

implementing regulations.

On December 7, 2000, Judge Steven D.

Merryday of the U.S. District Court for

the Middle District of Florida entered an

order approving the settlement

agreement. The settlement agreement

required NMFS to maintain the 1997

commercial LCS quotas and the catch

accounting/monitoring procedures

pending an independent review of the

1998 LCS stock assessment. The

settlement agreement also required

NMFS to maintain the 1997 SCS

commercial quota pending a new SCS

stock assessment. On March 6, 2001,

NMFS published in the Federal Register

an emergency rule implementing the

measures in the settlement agreement

pending the results of the independent

peer review (65 FR 13441). That

emergency rule expired on September 4,

2001.

In October 2001, NMFS received from

Natural Resources Consultants Inc. the

complete peer reviews of the 1998 LCS

stock assessment. Three of the four

reviews found that the scientific

conclusions and scientific management

recommendations contained in the 1998

LCS stock assessment were not based on

scientifically reasonable uses of the

appropriate fisheries stock assessment

techniques and on the best available (at

the time of the 1998 LCS stock

assessment) biological and fishery

information relating to LCS. Because of

this conclusion, NMFS regards the

management recommendations of the

1996 stock assessment to be an

appropriate basis for any rulemaking,

pending completion of a new stock

assessment. Thus, having considered

the peer review’s overall conclusion, the

terms of the settlement agreement,

statements by the individual reviewers,

and the recommendations of the 1996

stock assessment, NMFS will maintain

the 1997 commercial LCS quota level

until a new LCS stock assessment that

employs improved assessment

techniques and addresses the

recommendations and comments of the

four reviewers can be completed and

independently peer reviewed. NMFS

anticipates completion of a new LCS

stock assessment in early 2002.

Additionally, consistent with the courtapproved settlement agreement, NMFS

will maintain the SCS commercial shark

quota at the 1997 level pending a new

stock assessment in early 2002.

NMFS initially determined that the

settlement agreement is appropriate

because it will conserve Atlantic sharks

while maintaining a sustainable fishery

in the long-term; move the management

process for Atlantic sharks forward

through quality-controlled scientific

assessment and appropriate rulemaking;

and promote confidence in the

management process and its underlying

science. NMFS continues to maintain

this view.

This emergency rule is necessary to

manage and conserve LCS based on the

best scientific information available,

pending completion of a new stock

assessment and consistent with the

terms of the court-approved settlement

agreement. At this time, NMFS

considers the best available science to

be the recommendations of the 1996

stock assessment in combination with

current landings data and the

independent reviews of the 1998 stock

assessment. Without this emergency

rule, the reduced LCS and SCS

commercial quotas of 816 mt dw and

329 mt dw, respectively, adopted in the

HMS FMP and based on the 1998 LCS

stock assessment would be in force.

However, the independent peer review

found that some of the techniques used

in the 1998 LCS stock assessment were

not appropriate and some of the data

used were unreliable. Implementing

these quotas prior to completion of a

new stock assessment would be

inconsistent with both the courtapproved settlement agreement and the

recommendations of the 1996 stock

assessment.

Commercial Management Measures

Pending completion of new LCS and

SCS stock assessments, this emergency

rule establishes the LCS commercial

quota at 1,285 mt dw; establishes the

SCS commercial quota at 1,760 mt dw;

suspends the regulation on the

ridgeback LCS minimum size; suspends

the regulation on counting dead

discards and state landings after Federal

closures against Federal quotas for all

sharks; suspends the regulation on

season-specific quota adjustments for

LCS and SCS; and establishes a

regulation that adjusts the LCS or SCS

quota based on the previous season’s

landings. All of the above management

measures will be re-evaluated upon

completion of the stock assessments and

the LCS peer review before they are reimplemented. This emergency rule does

not affect commercial management

measures for pelagic sharks, except for

counting dead discards or state landings

against the quota, and does not affect

the management measures for

prohibited species.

NMFS considered other alternatives

including implementing the HMS FMP

quotas based on the 1998 stock

assessment, implementing the ridgeback

LCS minimum size, counting state

landings after a Federal closure and

dead discards against Federal quotas,

and changing the pelagic shark subquotas into one pelagic shark quota.

However, based on the comments and

recommendations of the reviewers, the

recommendations of the 1996 stock

assessment, current landings data, and

the fact that the next stock assessment

will consider the efficacy of most of

these management measures, NMFS

concluded that, for the short duration of

this emergency rule (180 days with a

possible extension of another 180 days),

the management measures implemented

would conserve and maintain the shark

stocks while having few impacts on the

fishery. Upon completion of the new

stock assessments and the independent

review of the new LCS stock

assessment, NMFS will take the

appropriate actions based on the

additional information to ensure the

conservation of Atlantic sharks while

rebuilding shark stocks and maintaining

a sustainable fishery in the long-term.

NMFS is making one additional

adjustment. NMFS will count any

overharvest or underharvest in one

season against the following season for

LCS and SCS. In the past, this

accounting method was used only for

overharvest and underharvest in the

first season; any overharvest in the

second season was not counted against

the following season’s semiannual quota

(nor was any underharvest added to the

next year). This lack of across-year

accounting resulted in the annual

quotas being exceeded in several years.

This change is to ensure that the fishing

mortality is accounted for and does not

exceed the fishing mortality

67120 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

recommended by the 1996 stock

evaluation workshop while also

ensuring that fishermen have an

opportunity to catch the available quota.

Recreational Management Measures

This emergency rule does not change

the recreational management measures

for Atlantic sharks. NMFS did consider

re-instating the 1997 recreational

retention limits of two sharks of any

species per trip, with no minimum size,

and an additional two Atlantic

sharpnose sharks per person per trip.

However, based on current and past

landings data, the recommendation of

the 1996 stock assessment, and

individual statements of the peer

reviewers, NMFS believes that reinstating the 1997 retention limit could

result in a level of fishing mortality that

is not consistent with the

recommendations of the 1996 stock

evaluation workshop. Thus, for the

duration of this emergency rule, NMFS

will maintain the current regulations.

NMFS will take appropriate action with

respect to recreational fishing

regulations at the earliest practicable

date upon completion of the new stock

assessments and the independent

review of the new LCS stock

assessment.

Annual Landings Quotas

The 2002 annual landings quotas for

LCS and SCS are established at 1,285 mt

dw and 1,760 mt dw, respectively. The

2002 quota levels for pelagic, blue, and

porbeagle sharks are established at 488

mt dw, 273 mt dw, and 92 mt dw,

respectively.

Of the 697 mt dw established for the

second 2001 semiannual LCS season (66

FR 33918, June 26, 2001), 604 mt dw

was taken. NMFS is adding the

remaining 93 mt dw to the available

quota for the first 2002 semiannual

fishing season. As such, the LCS quota

for the first 2002 semiannual season is

735.5 mt dw. The SCS first semiannual

quota for 2002 is established at 880 mt

dw. The first 2002 semiannual quotas

for pelagic, blue, and porbeagle sharks

are established at 244 mt dw, 136.5 mt

dw, and 46 mt dw, respectively.

NMFS will take appropriate action

before July 1, 2002, in order to

determine and announce the second

2002 semiannual quotas for Atlantic

sharks.

Fishing Season Notification

The first semiannual fishing season of

the 2002 fishing year for the commercial

fishery for LCS, SCS, and pelagic sharks

in the western north Atlantic Ocean,

including the Gulf of Mexico and the

Caribbean Sea, will open January 1,

2002. To estimate the closure dates of

the LCS, NMFS used the average daily

catch rates for each species group from

the first seasons from the years 1998,

1999, 2000, and 2001 while also

considering the reporting dates of

permitted shark dealers. Looking at

weekly catch rates in recent years,

between 92 and 103 percent of the

available quota would likely be taken

between the first and second weeks of

April. The end of the second week of

April corresponds with the end of the

first of two monthly reporting periods

for permitted shark dealers.

Accordingly, the Assistant

Administrator for Fisheries (AA) has

determined that the LCS quota for the

first 2002 semiannual season will likely

be attained by April 15, 2002. Thus, the

LCS fishery will close April 15, 2002, at

11:30 p.m. local time.

When quotas are projected to be

reached for the SCS, pelagic, blue, or

porbeagle shark fisheries, the AA will

file notification of closure at the Office

of the Federal Register at least 14 days

before the effective date.

During a closure, retention of, fishing

for, possessing or selling LCS are

prohibited for persons fishing aboard

vessels issued a limited access permit

under 50 CFR 635.4. The sale, purchase,

trade, or barter of carcasses and/or fins

of LCS harvested by a person aboard a

vessel that has been issued a permit

under 50 CFR 635.4 are prohibited,

except for those that were harvested,

offloaded, and sold, traded, or bartered

prior to the closure and were held in

storage by a dealer or processor.

Catch Limits

The existing prohibited species

provisions in 50 CFR part 635 will

remain in effect. A list of prohibited

shark species can be found in Table 1

of Appendix A to part 635, subpart D.

In addition, the limited access

provisions for commercial harvests will

remain in effect, including trip limits for

directed and incidental limited access

shark permit holders.

Those vessels that have not been

issued a limited access permit under 50

CFR 635.4 may not sell sharks and are

subject to the recreational size limits

and retention limits specified at 50 CFR

635.20(e) and 635.22(c), respectively.

The recreational fishery is not affected

by any closure in the commercial

fishery.

Comment Period

NMFS is accepting comments

regarding this emergency rule for 90

days through March 28, 2002.

Comments on these management

measures were also requested in an

emergency rule published on March 6,

2001 (65 FR 13441). NMFS expects new

LCS and SCS stock assessments to be

completed in early 2002. Based on these

stock assessments and any comments

received on this rule, NMFS will modify

these regulations through a standard

rulemaking process as appropriate.

Classification

These emergency regulations are

published under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act. The

AA has determined that these

emergency regulations are necessary to

ensure that regulations in force are

consistent with the court-approved

settlement agreement and with the best

available science, which at this time is

considered to be the recommendations

of the 1996 stock assessment in

combination with current landings data

and the individual peer reviews of the

1998 stock assessment.

NMFS prepared an Environment

Assessment for this emergency rule that

describes the impact on the human

environment and found that no

significant impact on the human

environment would result. This

emergency rule is of limited duration.

The quota levels established in this rule

are based on stock assessment results

that found these levels were appropriate

to maintain the stocks pending

implementation of a rebuilding plan.

While the most recent 1998 LCS stock

assessment indicated that maintaining

these quota levels could result in further

stock declines, the results of the

independent peer review indicate that

some of the techniques and data used in

the 1998 LCS stock assessment were not

appropriate and that models used in

earlier stock assessments should have

been re-assessed and utilized if

appropriate. Thus, applying the results

and recommendations of earlier

assessments pending new LCS and SCS

assessments is the appropriate action to

conserve Atlantic sharks, ensure the

long-term sustainability of shark

fisheries, and ensure management of

Atlantic sharks is based on the best

available science.

NMFS also prepared a Regulatory

Impact Review for this action which

assesses the economic costs and benefits

of the action. Because the fishing quotas

and the catch accounting/ monitoring

procedures for the LCS or SCS fisheries,

as adopted in the HMS FMP and its

implementing regulations, have been

thus far enjoined by court order and

later by the settlement agreement,

maintaining the 1997 management

measures for the duration of this

emergency rule will not change the

Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67121

current economic benefits or costs

associated with the fisheries. Similarly,

because the recreational retention limit

has been in place since 1999 and

because of the relatively short duration

of this emergency rule, these

management measures will not change

the current economic benefits or costs

associated with the recreational

fisheries.

This emergency rule to establish the

2002 landings quotas and other shark

management actions has been

determined to be not significant for the

purposes of Executive Order 12866.

Additionally, the ancillary action

announcing the fishing season is taken

under 50 CFR 635.27(b) and is exempt

from review under Executive Order

12866.

Because no general notice of proposed

rulemaking is required to be published

in the Federal Register for this

emergency rule by 5 U.S.C. 553 or by

any other law, the analytical

requirements of the Regulatory

Flexibility Act do not apply; thus, no

Regulatory Flexibility Analysis was

prepared.

The AA finds that there is good cause

to waive the requirement to provide

prior notice and an opportunity for

public comment pursuant to authority

set forth at 5 U.S.C. 553(b)(B). It would

be impracticable to provide prior notice

and opportunity for comment because it

would prevent the agency from meeting

the requirements of a court-approved

settlement agreement, and ensuring that

management measures in place at the

beginning of the 2001 shark fishing

season (January 1, 2002) are based on

the best available science. If these

regulations are not in place at the

beginning of the 2001 shark fishing

season then more restrictive

management measures (e.g. lower

annual landings quotas and measures to

count dead discards against that lower

quota) that could significantly impact

the fishery, and that currently lack an

adequate scientific basis, would be in

place. Comments received on this

emergency rule will be considered by

NMFS when determining whether to

extend this emergency rule for another

180 day period and during development

of a new rule. The public will have

additional opportunities to comment on

these or similar measures during the

next rulemaking process expected

shortly after completion of the new

stock assessments that are anticipated in

early 2002.

The AA, under 5 U.S.C. 553(d)(3),

also finds that there is good cause to

waive the 30-day delay in the effective

date of this emergency rule, as is

normally required. The AA finds that

this measure is necessary to meet the

requirements of the court-approved

settlement agreement and to achieve the

agency’s goals, as described herein.

Given NMFS’s ability to communicate

these regulations to fishing interests

rapidly through the HMS Fax network,

NOAA weather radio, press releases,

mailing lists, and the HMS Infoline, the

fact that the public has had notice about

the settlement agreement and its

possible effects since December 2000,

and the fact that the management

measures implemented in this

emergency rule are less restrictive than

the management measures currently in

effect, the AA believes that affected

fishermen and other interested persons

will have sufficient and timely notice of

this action.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing Vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: December 19, 2001.

Rebecca Lent,

Deputy Assistant Administrator for

Regulatory Programs, National Marine

Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 635 is amended

as follows:

PART 635—ATLANTIC HIGHLY

MIGRATORY SPECIES

1. The authority citation for 50 CFR

part 635 continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.

1801 et seq.

§ 635.20 [Amended]

2. In § 635.20, paragraph (e)(1) is

suspended.

3. In § 635.27, paragraphs (b)(1)(i),

(b)(1)(ii), (b)(1)(iv)(A) and (b)(1)(iv)(C)

are suspended, and paragraphs

(b)(1)(iv)(D), (b)(1)(v), and (b)(1)(vi) are

added to read as follows:

§ 635.27 Quotas.

* * * * *

(b) * * *

(1) * * *

(iv) * * *

(D) NMFS will adjust the next year’s

corresponding semiannual quota for

pelagic sharks to reflect actual landings

during any semiannual period. NMFS

will adjust the semiannual quota for

large coastal and small coastal sharks to

reflect actual landings during the

previous semiannual period. Such

adjustment shall be an increase or

decrease equivalent to the amount of

underharvest or overharvest. NMFS will

file, for publication in the Federal

Register, notification of any adjustment

at least 30 days prior to the start of the

next fishing season.

(v) Large coastal sharks. The annual

commercial quota for large coastal

sharks is 1,285 mt dw, divided between

two equal semiannual seasons, January

1 through June 30, and July 1 through

December 31. The quota for each

semiannual large coastal shark season is

642.5 mt dw unless otherwise specified

in the Federal Register as provided in

paragraph (b)(1)(iv) of this section. The

length of each large coastal shark season

will be determined based on the

projected catch rates, available quota,

and other relevant factors. NMFS will

file, for publication in the Federal

Register, notification of the length of

each season for large coastal sharks at

least 30 days prior to the beginning of

the season.

(vi) Small coastal sharks. The annual

commercial quota for small coastal

sharks is 1,760 mt dw, divided between

two equal semiannual seasons, January

1 through June 30, and July 1 through

December 31. The quota for each

semiannual small coastal shark season

is 880 mt dw unless otherwise specified

in the Federal Register as provided in

paragraph (b)(1)(iv) of this section.

* * * * *

4. In § 635.28, paragraph (b)(1) is

suspended, and paragraph (b)(4) is

added to read as follows:

§ 635.28 Closures.

* * * * *

(b) * * *

(4) The commercial fishery for large

coastal sharks will remain open for

fixed semiannual fishing seasons, as

specified at § 635.27(b)(1)(v). From the

effective date and time of a season

closure until additional quota becomes

available, the fishery for large coastal

sharks is closed, and sharks of that

species group may not be retained on

board a fishing vessel issued a

commercial permit pursuant to § 635.4.

* * * * *

[FR Doc. 01–31832 Filed 12–27–01; 8:45 am]

BILLING CODE 3510–22–S