[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53157-53158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-21]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 080302357-8834-02]
RIN 0648-AT79
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of Offshore Structures in the Gulf
of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the final rule
governing the taking of marine mammals incidental to the explosive
removal of offshore structures in the Gulf of Mexico that was published
in the Federal Register on Thursday June 19, 2008.
[[Page 53158]]
DATES: This correction is effective on September 15, 2008.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, at 301-
713-2289, ext 128.
SUPPLEMENTARY INFORMATION: The final rule that is the subject of this
correction was published on Thursday, June 19, 2008 (73 FR 34875). That
final rule contains an inadvertent error in the amendatory instruction
concerning the removal of subpart R in 50 CFR part 216.
Subpart R governs the taking of marine mammals incidental to
construction and operation of offshore oil and gas facilities in the
Beaufort Sea. That rule was published in the Federal Register on March
7, 2006 (71 FR 11322), became effective on April 6, 2006, and remains
in effect until April 6, 2011. The instruction that it should be
``added and reserved'' is in error because Subpart R exists, and will
remain in effect until April 6, 2011. In addition, the amendatory
instruction is not an allowable instruction under Federal Register
format rules. Therefore, this rule removes this instruction as it is
confusing to the public and is an action that was not intended by NMFS.
Classification
E.O. 12866: This final rule has been determined to be not
significant under E.O. 12866.
Administrative Procedure Act (APA): The Assistant Administrator
(AA) for Fisheries finds good cause under 5 U.S.C. 553 (b)(B) to waive
notice and opportunity for public comments as it is contrary to the
public interest. The final rule published on Thursday, June 19, 2008
(73 FR 34875) contained an inadvertent error in the amendatory
instruction concerning the removal of subpart R in 50 CFR part 216. The
amendatory instruction concerning the removal of subpart R in Part 216
indicated that this subpart should be ``added and reserved,'' which was
an action that was not intended by NMFS, and is not an allowable
instruction under Federal Register format rules. As reflected in the
rule that implemented the provisions of subpart R (March 7, 2006, 71 FR
11322), NMFS intended these regulations to remain in effect until April
6, 2011. In order to comply with Federal Register format rules and to
avoid any confusion, this rule amends the June 19, 2008 final rule to
delete the amendatory instruction concerning subpart R.
The AA finds good cause under 5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness. As stated above, NMFS included a confusing and
unallowable Federal Register instruction concerning subpart R in the
June 19, 2008 final rule. As stated in its March 7, 2006 rule, NMFS
intended subpart R to remain in effect until April 6, 2011. In order to
prevent further confusion regarding the status of subpart R, the AA
makes this rule effective immediately.
Correction
The following is a correction to FR Doc. E8-13898, June 19, 2008:
0
1. On page 34889 in the third column, Instruction 2, reading ``Subpart
R is added and reserved.'' is hereby removed.
0
2. On page 34889 in the third column, Instruction 3 is hereby
redesignated as Instruction 2.
Dated: September 8, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-21479 Filed 9-12-08; 8:45 am]
BILLING CODE 3510-22-S