83_FR_3643 83 FR 3625 - Technical Amendment To Update Internet Web Addresses in Marine Mammal Protection Act and Dolphin Protection Consumer Information Act Regulations

83 FR 3625 - Technical Amendment To Update Internet Web Addresses in Marine Mammal Protection Act and Dolphin Protection Consumer Information Act Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range3625-3626
FR Document2018-01375

NMFS is hereby making technical amendments without altering the substance of the regulations that govern importation into the United States of tuna product and dolphin-safe tuna labeling in the United States under the Marine Mammal Protection Act (MMPA), and the Dolphin Protection Consumer Information Act (DPCIA). The intent of this action is to update existing regulations containing Uniform Resource Locator (URL) addresses, more commonly referred to as internet web page addresses. The URL updates are necessary because NMFS is revising all agency URLs under the NOAA Fisheries Web Modernization Project. These changes are solely administrative in nature.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Rules and Regulations]
[Pages 3625-3626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01375]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 170803723-8016-01]
RIN 0648-BH09


Technical Amendment To Update Internet Web Addresses in Marine 
Mammal Protection Act and Dolphin Protection Consumer Information Act 
Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: NMFS is hereby making technical amendments without altering 
the substance of the regulations that govern importation into the 
United States of tuna product and dolphin-safe tuna labeling in the 
United States under the Marine Mammal Protection Act (MMPA), and the 
Dolphin Protection Consumer Information Act (DPCIA). The intent of this 
action is to update existing regulations containing Uniform Resource 
Locator (URL) addresses, more commonly referred to as internet web page 
addresses. The URL updates are necessary because NMFS is revising all 
agency URLs under the NOAA Fisheries Web Modernization Project. These 
changes are solely administrative in nature.

DATES: This final rule is effective January 26, 2018.

ADDRESSES: 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: William Jacobson, NMFS West Coast 
Region, 562-980-4035.

SUPPLEMENTARY INFORMATION: 

Background

    Regulations at 50 CFR 216.24(f)(3) and 50 CFR part 216, subpart H 
contain URLs that provide importers, tuna processors, and fishermen 
that harvest tuna for the U.S. market, access to information critical 
to regulatory compliance. NMFS is undergoing an agency-wide 
modification of the naming convention used in all existing URLs. 
Failure to change the URLs in the regulatory text would render the URL 
references in the regulations unusable, confusing the regulated public.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the MMPA, the DPCIA, and other applicable laws.

Administrative Procedure Act

    NOAA finds good cause under 5 U.S.C. 553(b)(B) and 553(d)(3) to 
issue this final rule without advance notice in a proposed rule or the 
opportunity for public comment, and to make the rule effective 
immediately without providing a 30-day delay, because the content of 
this rule makes a technical correction and does not affect the 
substance of regulations that affect the public. Public input is not 
necessary to determine the correct URL, and delaying codification of 
the correct URL would not be in the public interest.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 216

    Administrative practice and procedure, Fish, Imports, Labeling, 
Marine mammals.

    Dated: January 19, 2018.
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 216 is amended 
as follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for 50 CFR part 216 continues to read as 
follows:

    Authority:  16 U.S.C. 1361 et seq., unless otherwise noted.

Subpart C--General Exceptions

0
2. In Sec.  [thinsp]216.24, revise introductory text of paragraph 
(f)(3) to read as follows:


Sec.  [thinsp]216.24  Taking and related acts incidental to commercial 
fishing operations by tuna purse seine vessels in the eastern tropical 
Pacific Ocean.

* * * * *
    (f) * * *
    (3) Disposition of Fisheries Certificates of Origin. The FCO 
described in paragraph (f)(4) of this section may be obtained from the 
Administrator, West Coast Region, or downloaded from the internet at 
https://www.fisheries.noaa.gov/national/

[[Page 3626]]

marine-mammal-protection/noaa-form-370-fisheries-certificate-origin.
* * * * *

Subpart H--Dolphin Safe Tuna Labeling

0
3. The authority citation for 50 CFR part 216, subpart H, continues to 
read as follows:


    Authority:  16 U.S.C. 1385.


0
4. In Sec.  [thinsp]216.91, revise paragraph (a)(3)(iii)(B), 
introductory text of paragraph (a)(3)(iv), and introductory text of 
paragraph (a)(3)(v) to read as follows:


Sec.  216.91  Dolphin-safe labeling standards.

    (a) * * *
    (3) * * *
    (iii) * * *
    (B) The Captain of the vessel has completed the NMFS Tuna Tracking 
and Verification Program dolphin-safe captain's training course. The 
NMFS Tuna Tracking and Verification Program dolphin-safe captain's 
training course is available on the website of the NMFS Tuna Tracking 
and Verification Program at https://www.fisheries.noaa.gov/dolphin-safe.
    (iv) For tuna caught in a fishery where the Assistant Administrator 
has determined that observers participating in a national or 
international observer program are qualified and authorized to issue 
observer statements for purposes of the dolphin-safe labeling program, 
and where such an observer is on board the vessel, a written statement 
executed by the observer, or by an authorized representative of a 
nation participating in the observer program based on information from 
the observer. Any determination by the Assistant Administrator shall be 
announced in a notice published in the Federal Register. Determinations 
under this paragraph (a)(3)(iv) will also be publicized on the website 
of the NMFS Tuna Tracking and Verification Program (https://www.fisheries.noaa.gov/dolphin-safe). The written statement shall 
certify:
* * * * *
    (v) For tuna caught in a fishery in which the Assistant 
Administrator has determined that either a regular and significant 
association between dolphins and tuna (similar to the association 
between dolphins and tuna in the ETP) or a regular and significant 
mortality or serious injury of dolphins is occurring, a written 
statement, executed by the Captain of the vessel and an observer 
participating in a national or international program acceptable to the 
Assistant Administrator, unless the Assistant Administrator determines 
an observer statement is unnecessary. Determinations under this 
paragraph (a)(3)(v) will also be publicized on the website of the NMFS 
Tuna Tracking and Verification Program (https://www.fisheries.noaa.gov/dolphin-safe). The written statement shall certify that:
* * * * *

0
5. In Sec.  [thinsp]216.95, revise paragraph (b) to read as follows:


Sec.  216.95  Official mark for ``Dolphin-safe'' tuna products.

* * * * *
    (b) Location and size of the official mark. The official mark on 
labels must allow the consumer to identify the official mark and be 
similar in design and scale to figure 1. A full color version of the 
official mark is available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/dolphin-safe-official-mark.

[FR Doc. 2018-01375 Filed 1-25-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations                                                                3625

                                                                                                                                                                                                             Date certain
                                                                                                                       Effective date authorization/                                                           Federal
                                                                                                Community                 cancellation of sale of
                                                        State and location                                                                                     Current effective map date                   assistance no
                                                                                                   No.                      flood insurance in                                                             longer available
                                                                                                                                community                                                                     in SFHAs

                                                            Region VI
                                             Louisiana:
                                                 Grand Isle, Town of, Jefferson                     225197    August 28, 1970, Emerg; October 30,             Feb. 2, 2018 .......................         Feb. 2, 2018.
                                                    Parish.                                                     1970, Reg; February 2, 2018, Susp.
                                                 Gretna, City of, Jefferson Parish ..               225198    August 14, 1970, Emerg; June 18,                ......do * ...............................       Do.
                                                                                                                1971, Reg; February 2, 2018, Susp.
                                                  Harahan, City of, Jefferson Parish                225200    April 19, 1973, Emerg; June 15, 1973,           ......do .................................       Do.
                                                                                                                Reg; February 2, 2018, Susp.
                                                  Jean Lafitte, Town of, Jefferson                  220371    N/A, Emerg; October 1, 1971, Reg; ....          ......do .................................       Do.
                                                    Parish.                                                   February 2, 2018, Susp ......................
                                                  Westwego, City of, Jefferson Par-                 220094    April 27, 1973, Emerg; December 28,             ......Do .................................       Do.
                                                    ish.                                                        1976, Reg; February 2, 2018, Susp.
                                                *......do and Do. = ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                               Dated: January 5, 2018.                               agency URLs under the NOAA Fisheries                     of the correct URL would not be in the
                                             Eric Letvin,                                            Web Modernization Project. These                         public interest.
                                             Deputy Assistant Administrator for                      changes are solely administrative in
                                                                                                                                                              Executive Order 12866
                                             Mitigation, Federal Insurance and Mitigation            nature.
                                             Administration, Department of Homeland                                                                             This final rule has been determined to
                                             Security, Federal Emergency Management                  DATES: This final rule is effective
                                                                                                     January 26, 2018.                                        be not significant for purposes of
                                             Agency.                                                                                                          Executive Order 12866.
                                             [FR Doc. 2018–01463 Filed 1–25–18; 8:45 am]             ADDRESSES: 501 West Ocean Boulevard,
                                             BILLING CODE 9110–12–P                                  Suite 4200, Long Beach, CA 90802.                        List of Subjects in 50 CFR Part 216
                                                                                                     FOR FURTHER INFORMATION CONTACT:                           Administrative practice and
                                                                                                     William Jacobson, NMFS West Coast                        procedure, Fish, Imports, Labeling,
                                             DEPARTMENT OF COMMERCE                                  Region, 562–980–4035.                                    Marine mammals.
                                                                                                     SUPPLEMENTARY INFORMATION:                                 Dated: January 19, 2018.
                                             National Oceanic and Atmospheric
                                             Administration                                          Background                                               Samuel D. Rauch, III,
                                                                                                                                                              Deputy Assistant Administrator for
                                                                                                       Regulations at 50 CFR 216.24(f)(3) and                 Regulatory Programs, National Marine
                                             50 CFR Part 216                                         50 CFR part 216, subpart H contain                       Fisheries Service.
                                             [Docket No. 170803723–8016–01]                          URLs that provide importers, tuna
                                                                                                                                                                For the reasons set out in the
                                                                                                     processors, and fishermen that harvest
                                             RIN 0648–BH09                                                                                                    preamble, 50 CFR part 216 is amended
                                                                                                     tuna for the U.S. market, access to
                                                                                                                                                              as follows:
                                             Technical Amendment To Update                           information critical to regulatory
                                             Internet Web Addresses in Marine                        compliance. NMFS is undergoing an                        PART 216—REGULATIONS
                                             Mammal Protection Act and Dolphin                       agency-wide modification of the naming                   GOVERNING THE TAKING AND
                                             Protection Consumer Information Act                     convention used in all existing URLs.                    IMPORTING OF MARINE MAMMALS
                                             Regulations                                             Failure to change the URLs in the
                                                                                                     regulatory text would render the URL                     ■ 1. The authority citation for 50 CFR
                                             AGENCY:  National Marine Fisheries                      references in the regulations unusable,                  part 216 continues to read as follows:
                                             Service (NMFS), National Oceanic and                    confusing the regulated public.
                                                                                                                                                                Authority: 16 U.S.C. 1361 et seq., unless
                                             Atmospheric Administration (NOAA),                                                                               otherwise noted.
                                                                                                     Classification
                                             Commerce.
                                             ACTION: Final rule; technical                             The NMFS Assistant Administrator                       Subpart C—General Exceptions
                                             amendments.                                             has determined that this final rule is
                                                                                                     consistent with the MMPA, the DPCIA,                     ■ 2. In § 216.24, revise introductory text
                                             SUMMARY:   NMFS is hereby making                        and other applicable laws.                               of paragraph (f)(3) to read as follows:
                                             technical amendments without altering
                                             the substance of the regulations that                   Administrative Procedure Act                             § 216.24 Taking and related acts incidental
                                             govern importation into the United                         NOAA finds good cause under 5                         to commercial fishing operations by tuna
                                             States of tuna product and dolphin-safe                 U.S.C. 553(b)(B) and 553(d)(3) to issue                  purse seine vessels in the eastern tropical
                                                                                                                                                              Pacific Ocean.
                                             tuna labeling in the United States under                this final rule without advance notice in
                                             the Marine Mammal Protection Act                        a proposed rule or the opportunity for                   *     *     *     *     *
                                             (MMPA), and the Dolphin Protection                      public comment, and to make the rule                       (f) * * *
                                             Consumer Information Act (DPCIA). The                   effective immediately without providing                    (3) Disposition of Fisheries
daltland on DSKBBV9HB2PROD with RULES




                                             intent of this action is to update existing             a 30-day delay, because the content of                   Certificates of Origin. The FCO
                                             regulations containing Uniform                          this rule makes a technical correction                   described in paragraph (f)(4) of this
                                             Resource Locator (URL) addresses, more                  and does not affect the substance of                     section may be obtained from the
                                             commonly referred to as internet web                    regulations that affect the public. Public               Administrator, West Coast Region, or
                                             page addresses. The URL updates are                     input is not necessary to determine the                  downloaded from the internet at https://
                                             necessary because NMFS is revising all                  correct URL, and delaying codification                   www.fisheries.noaa.gov/national/


                                        VerDate Sep<11>2014   17:29 Jan 25, 2018   Jkt 244001   PO 00000   Frm 00063    Fmt 4700   Sfmt 4700   E:\FR\FM\26JAR1.SGM      26JAR1


                                             3626               Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations

                                             marine-mammal-protection/noaa-form-                     Administrator, unless the Assistant                    FOR FURTHER INFORMATION CONTACT:      Josh
                                             370-fisheries-certificate-origin.                       Administrator determines an observer                   Keaton, 907–586–7228.
                                             *     *    *     *      *                               statement is unnecessary.                              SUPPLEMENTARY INFORMATION:       NMFS
                                                                                                     Determinations under this paragraph                    manages the groundfish fishery in the
                                             Subpart H—Dolphin Safe Tuna                             (a)(3)(v) will also be publicized on the               BSAI exclusive economic zone
                                             Labeling                                                website of the NMFS Tuna Tracking and                  according to the Fishery Management
                                                                                                     Verification Program (https://                         Plan for Groundfish of the Bering Sea
                                             ■ 3. The authority citation for 50 CFR                  www.fisheries.noaa.gov/dolphin-safe).                  and Aleutian Islands Management Area
                                             part 216, subpart H, continues to read as               The written statement shall certify that:              (FMP) prepared by the North Pacific
                                             follows:                                                                                                       Fishery Management Council under
                                                                                                     *     *     *      *    *
                                                 Authority: 16 U.S.C. 1385.                          ■ 5. In § 216.95, revise paragraph (b) to
                                                                                                                                                            authority of the Magnuson-Stevens
                                                                                                     read as follows:                                       Fishery Conservation and Management
                                             ■ 4. In § 216.91, revise paragraph
                                                                                                                                                            Act. Regulations governing fishing by
                                             (a)(3)(iii)(B), introductory text of                    § 216.95 Official mark for ‘‘Dolphin-safe’’            U.S. vessels in accordance with the FMP
                                             paragraph (a)(3)(iv), and introductory                  tuna products.                                         appear at subpart H of 50 CFR part 600
                                             text of paragraph (a)(3)(v) to read as                                                                         and 50 CFR part 679.
                                                                                                     *      *    *     *     *
                                             follows:                                                                                                          The 2018 Pacific cod total allowable
                                                                                                        (b) Location and size of the official
                                             § 216.91    Dolphin-safe labeling standards.            mark. The official mark on labels must                 catch (TAC) allocated to catcher vessels
                                                (a) * * *                                            allow the consumer to identify the                     less than 60 feet (18.3 m) LOA using
                                                (3) * * *                                            official mark and be similar in design                 hook-and-line or pot gear in the BSAI is
                                                (iii) * * *                                          and scale to figure 1. A full color                    5,027 metric tons (mt) as established by
                                                (B) The Captain of the vessel has                    version of the official mark is available              the final 2017 and 2018 harvest
                                             completed the NMFS Tuna Tracking                        at https://www.fisheries.noaa.gov/                     specifications for groundfish in the
                                             and Verification Program dolphin-safe                   national/marine-mammal-protection/                     BSAI (82 FR 11826, February 27, 2017),
                                             captain’s training course. The NMFS                     dolphin-safe-official-mark.                            inseason adjustment (82 FR 60329,
                                             Tuna Tracking and Verification Program                                                                         December 20, 2017), and reallocation
                                                                                                     [FR Doc. 2018–01375 Filed 1–25–18; 8:45 am]
                                             dolphin-safe captain’s training course is                                                                      (83 FR 2932, January 22, 2018).
                                                                                                     BILLING CODE 3510–22–P
                                             available on the website of the NMFS                                                                              In accordance with § 679.20(d)(1)(iii),
                                             Tuna Tracking and Verification Program                                                                         the Administrator, Alaska Region,
                                             at https://www.fisheries.noaa.gov/                                                                             NMFS (Regional Administrator), has
                                                                                                     DEPARTMENT OF COMMERCE
                                             dolphin-safe.                                                                                                  determined that the 2018 Pacific cod
                                                (iv) For tuna caught in a fishery where              National Oceanic and Atmospheric                       TAC allocated as a directed fishing
                                             the Assistant Administrator has                         Administration                                         allowance to catcher vessels less than 60
                                             determined that observers participating                                                                        feet (18.3 m) LOA using hook-and-line
                                             in a national or international observer                 50 CFR Part 679                                        or pot gear in the BSAI will soon be
                                             program are qualified and authorized to                                                                        reached. Consequently, NMFS is
                                             issue observer statements for purposes                  [Docket No. 161020985–7181–02]                         prohibiting directed fishing for Pacific
                                             of the dolphin-safe labeling program,                                                                          cod by catcher vessels less than 60 feet
                                             and where such an observer is on board                  RIN 0648–XF949                                         (18.3 m) LOA using hook-and-line or
                                                                                                                                                            pot gear in the BSAI.
                                             the vessel, a written statement executed                Fisheries of the Exclusive Economic                       After the effective date of this closure
                                             by the observer, or by an authorized                    Zone Off Alaska; Pacific Cod by                        the maximum retainable amounts at
                                             representative of a nation participating                Catcher Vessels Less Than 60 Feet                      § 679.20(e) and (f) apply at any time
                                             in the observer program based on                        (18.3 Meters) Length Overall Using                     during a trip.
                                             information from the observer. Any                      Hook-and-Line or Pot Gear in the
                                             determination by the Assistant                                                                                 Classification
                                                                                                     Bering Sea and Aleutian Islands
                                             Administrator shall be announced in a                   Management Area                                           This action responds to the best
                                             notice published in the Federal                                                                                available information recently obtained
                                             Register. Determinations under this                     AGENCY:  National Marine Fisheries                     from the fishery. The Assistant
                                             paragraph (a)(3)(iv) will also be                       Service (NMFS), National Oceanic and                   Administrator for Fisheries, NOAA
                                             publicized on the website of the NMFS                   Atmospheric Administration (NOAA),                     (AA), finds good cause to waive the
                                             Tuna Tracking and Verification Program                  Commerce.                                              requirement to provide prior notice and
                                             (https://www.fisheries.noaa.gov/                        ACTION: Temporary rule; closure.                       opportunity for public comment
                                             dolphin-safe). The written statement                                                                           pursuant to the authority set forth at 5
                                             shall certify:                                          SUMMARY:   NMFS is prohibiting directed                U.S.C. 553(b)(B) as such requirement is
                                             *       *    *    *     *                               fishing for Pacific cod by catcher vessels             impracticable and contrary to the public
                                                (v) For tuna caught in a fishery in                  less than 60 feet (18.3 meters (m)) length             interest. This requirement is
                                             which the Assistant Administrator has                   overall (LOA) using hook-and-line or                   impracticable and contrary to the public
                                             determined that either a regular and                    pot gear in the Bering Sea and Aleutian                interest as it would prevent NMFS from
                                             significant association between                         Islands management area (BSAI). This                   responding to the most recent fisheries
                                             dolphins and tuna (similar to the                       action is necessary to prevent exceeding               data in a timely fashion and would
                                             association between dolphins and tuna                   the 2018 Pacific cod total allowable                   delay the closure of directed fishing for
                                             in the ETP) or a regular and significant                catch allocated to catcher vessels less                Pacific cod by catcher vessels less than
daltland on DSKBBV9HB2PROD with RULES




                                             mortality or serious injury of dolphins                 than 60 feet (18.3 m) LOA using hook-                  60 feet (18.3 m) LOA using hook-and-
                                             is occurring, a written statement,                      and-line or pot gear in the BSAI.                      line or pot gear in the BSAI. NMFS was
                                             executed by the Captain of the vessel                   DATES: Effective 1200 hours, Alaska                    unable to publish a notice providing
                                             and an observer participating in a                      local time (A.l.t.), January 23, 2018,                 time for public comment because the
                                             national or international program                       through 2400 hours, A.l.t., December 31,               most recent, relevant data only became
                                             acceptable to the Assistant                             2018.                                                  available as of January 19, 2017.


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Document Created: 2018-10-26 10:04:48
Document Modified: 2018-10-26 10:04:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendments.
DatesThis final rule is effective January 26, 2018.
ContactWilliam Jacobson, NMFS West Coast Region, 562-980-4035.
FR Citation83 FR 3625 
RIN Number0648-BH09
CFR AssociatedAdministrative Practice and Procedure; Fish; Imports; Labeling and Marine Mammals

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