[Federal Register Volume 69, Number 105 (Tuesday, June 1, 2004)]
[Rules and Regulations]
[Pages 30840-30841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12355]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040113012-4145-03; I.D. 121903D]
RIN 0648-AR62


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Framework Adjustment 4; Correction

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

ACTION: Final rule.

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

SUMMARY: NMFS published a final rule in the Federal Register on March 
29, 2004, implementing measures contained in Framework Adjustment 4 
(Framework 4) to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan (FMP). Framework 4 allows for the transfer at sea of 
scup between commercial fishing vessels, subject to certain 
requirements.The final rule incorrectly identified a cross-reference. 
This rule corrects the cross-reference contained in the regulatory text 
of the final rule implementing Framework 4.

DATES: Effective April 28, 2004.

FOR FURTHER INFORMATION CONTACT: Paul Perra, Fishery Policy Analyst, 
(978) 281-9153.

SUPPLEMENTARY INFORMATION: The final rule implementing measures 
contained in Framework 4 to the FMP was published in the Federal 
Register on March 29, 2004 (69 FR 16175). Section 648.6(a)(1) states, 
`` * * * Persons aboard vessels receiving transfers of scup at sea from 
other vessels are deemed not to be dealers, and are not required to 
possess a valid dealer permit under this section, for purposes of 
receiving scup, provided the vessel complies with section 648.13(2).'' 
However, the cross reference cited is misspelled. It violates the 
sequence of paragraph designation according to the Office of the 
Federal Register, and it must be correctly spelled as Sec.  648.13 
(i)(2).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause towaive therequirement to provide prior notice and the 
opportunity for public comment pursuant to authority set forth at 5 
U.S.C. 553(b)(B), because such procedures would be unnecessary. This 
rule makes minor non-substantive change by spelling correctly the 
reference cited at Sec.  648.6(a)(1). The public was advised in the 
preamble to both the proposed and final rules of the applicability of 
the ten conditions relating to the transfer of scup at sea codified at 
Sec.  648.13(i)(2). Without the correction, this discrepancy will 
continue to exist, thus leading to confusion.
    Because prior notice and opportunity for public comment are not 
required for this rule by U.S.C. 553, or any other law, the analytical 
requirements of the regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
are inapplicable. Accordingly, no regulatory flexibility analysis was 
required and none was prepared.
    This final rule is exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 26, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
Accordingly 50 CFR part 648 is corrected by making the following 
correcting amendment:

[[Page 30841]]

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


Sec.  648.6  [Corrected]

0
2. In Sec.  648.6(a)(1), in the last sentence, correct the reference 
``Sec.  648.13(2)'' to read as ``Sec.  648.13(i)(2).''
[FR Doc. 04-12355 Filed 5-28-04; 8:45 am]
BILLING CODE 3510-22-S