[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34245-34246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14017]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 110819518-4477-03]
RIN 0648-BB20


Correction; Restatement of Final Rule To Remove the Sunset 
Provision of the Final Rule Implementing Vessel Speed Restrictions To 
Reduce the Threat of Ship Collisions With North Atlantic Right Whales

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

ACTION: Correcting amendment.

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

SUMMARY: NMFS published a document eliminating the expiration date (or 
``sunset clause'') in regulations requiring vessel speed restrictions 
to reduce the likelihood of lethal vessel collisions with North 
Atlantic right whales. The DATES section in the preamble of that 
document did not specify that the expiration date of the original rule 
was being removed. This document corrects the DATES section to remove 
the expiration date and republishes Sec.  224.105 for the convenience 
of the reader.

DATES: The expiration of 50 CFR 224.105, as published at 73 FR 60173 
(October 10, 2008), is removed effective December 6, 2013. The 
effective date of this rule is December 6, 2013.

FOR FURTHER INFORMATION CONTACT: Gregory Silber, Ph.D., Fishery 
Biologist, Office of Protected Resources, NMFS, at (301) 427-8402.

SUPPLEMENTARY INFORMATION: NMFS published a document eliminating the 
expiration date (or ``sunset clause'') in regulations requiring vessel 
speed restrictions to reduce the likelihood of lethal vessel collisions 
with North Atlantic right whales. The DATES section in the preamble of 
that document did not specify that the expiration date of the original 
rule was being removed. This document corrects the DATES section to 
remove the expiration date and republishes Sec.  224.105 for the 
convenience of the reader.

List of Subjects in 50 CFR Part 224

    Endangered marine and anadromous species.

    Dated: June 10, 2014.
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 224 is 
corrected as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for 50 CFR part 224 continues to read as 
follows:

    Authority:  16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.


0
2. In part 224, republish section 224.105 to read as follows:


Sec.  224.105  Speed restrictions to protect North Atlantic Right 
Whales.

    (a) The following restrictions apply to: All vessels greater than 
or equal to 65 ft (19.8 m) in overall length and subject to the 
jurisdiction of the United States, and all other vessels greater than 
or equal to 65 ft (19.8 m) in overall length entering or departing a 
port or place subject to the jurisdiction of the United States. These 
restrictions shall not apply to U.S. vessels owned or operated by, or 
under contract to, the Federal Government. This exemption extends to 
foreign sovereign vessels when they are engaging in joint exercises 
with the U.S. Department of the Navy. In addition, these restrictions 
do not apply to law enforcement vessels of a State, or political 
subdivision thereof, when engaged in law enforcement or search and 
rescue duties.
    (1) Southeast U.S. (south of St. Augustine, FL to north of 
Brunswick, GA): Vessels shall travel at a speed of 10 knots or less 
over ground during the period of November 15 to April 15 each year in 
the area bounded by the following: Beginning at 31[deg]27'00.0'' N-
080[deg]51'36.0'' W; thence west to charted mean high water line then 
south along charted mean high water line and inshore limits of COLREGS 
limit to a latitude of 29[deg]45'00.0'' N thence east to 
29[deg]45'00.0'' N-080[deg]51'36.0'' W; thence back to starting point. 
(Fig. 1).
    (2) Mid-Atlantic U.S. (from north of Brunswick, Georgia to Rhode 
Island): Vessels shall travel 10 knots or less over ground in the 
period November 1 to April 30 each year:
    (i) In the area bounded by the following: 33[deg]56'42.0'' N-
077[deg]31'30.0'' W; thence along a NW bearing of 313.26[deg] True to 
charted mean high water line then south along mean high water line and 
inshore limits of COLREGS limit to a latitude of 31[deg]27'00.0'' N; 
thence east to 31[deg]27'00.0'' N-080[deg]51'36.0'' W; thence to 
31[deg]50'00.0'' N-080[deg]33'12.0'' W; thence to 32[deg]59'06.0'' N-
078[deg]50'18.0'' W; thence to 33[deg]28'24.0'' N-078[deg]32'30.0'' W; 
thence to 33[deg]36'30.0'' N-077[deg]47'06.0'' W; thence back to 
starting point.;
    (ii) Within a 20-nm (37 km) radius (as measured seaward from 
COLREGS delineated coast lines and the center point of the port 
entrance) (Fig. 2) at the
    (A) Ports of New York/New Jersey: 40[deg]29'42.2'' N-
073[deg]55'57.6'' W;
    (B) Delaware Bay (Ports of Philadelphia and Wilmington): 
38[deg]52'27.4'' N-075[deg]01'32.1'' W;
    (C) Entrance to the Chesapeake Bay (Ports of Hampton Roads and 
Baltimore): 37[deg]00'36.9'' N-075[deg]57'50.5'' W; and
    (D) Ports of Morehead City and Beaufort, NC: 34[deg]41'32.0'' N-
076[deg]40'08.3'' W; and
    (iii) In Block Island Sound, in the area bounded by the following 
coordinates: Beginning at 40[deg]51'53.7'' N-70[deg]36'44.9'' W; thence 
to 41[deg]20'14.1'' N-70[deg]49'44.1'' W; thence to 41[deg]04'16.7'' N-
71[deg]51'21.0'' W; thence to 40[deg]35'56.5'' N-71[deg]38'25.1'' W; 
thence back to starting point. (Fig. 2).
    (3) Northeast U.S. (north of Rhode Island):
    (i) In Cape Cod Bay, MA: Vessels shall travel at a speed of 10 
knots or less over ground during the period of January 1 to May 15 in 
Cape Cod Bay, in an area beginning at 42[deg]04'56.5'' N-
070[deg]12'00.0'' W; thence north to 42[deg]12'00.0'' N-
070[deg]12'00.0'' W; thence due west to charted mean high water line; 
thence along charted mean high water within Cape Cod Bay back to 
beginning point. (Fig. 3).
    (ii) Off Race Point: Vessels shall travel at a speed of 10 knots or 
less over ground during the period of March 1 to April 30 each year in 
waters bounded by straight lines connecting the following points in the 
order stated (Fig. 3): 42[deg]30'00.0'' N-069[deg]45'00.0'' W; thence 
to 42[deg]30'00.0'' N-070[deg]30'00.0'' W; thence to 42[deg]12'00.0'' 
N-070[deg]30'00.0'' W; thence to 42[deg]12'00.0'' N-070[deg]12'00.0'' 
W; thence to 42[deg]04'56.5'' N-070[deg]12'00.0'' W; thence along 
charted mean high water line and inshore limits of COLREGS limit to a 
latitude of 41[deg]40'00.0'' N; thence due east to 41[deg]41'00.0'' N-
069[deg]45'00.0'' W; thence back to starting point.
    (iii) Great South Channel: Vessels shall travel at a speed of 10 
knots or less over ground during the period of April

[[Page 34246]]

1 to July 31 each year in all waters bounded by straight lines 
connecting the following points in the order stated (Fig. 3):
    42[deg]30'00.0'' N-069[deg]45'00.0'' W
    41[deg]40'00.0'' N-069[deg]45'00.0'' W
    41[deg]00'00.0'' N-069[deg]05'00.0'' W
    42[deg]09'00.0'' N-067[deg]08'24.0'' W
    42[deg]30'00.0'' N-067[deg]27'00.0'' W
    42[deg]30'00.0'' N-069[deg]45'00.0'' W
    (b) Except as noted in paragraph (c) of this section, it is 
unlawful under this section:
    (1) For any vessel subject to the jurisdiction of the United States 
to violate any speed restriction established in paragraph (a) of this 
section; or
    (2) For any vessel entering or departing a port or place under the 
jurisdiction of the United States to violate any speed restriction 
established in paragraph (a) of this section.
    (c) A vessel may operate at a speed necessary to maintain safe 
maneuvering speed instead of the required ten knots only if justified 
because the vessel is in an area where oceanographic, hydrographic and/
or meteorological conditions severely restrict the maneuverability of 
the vessel and the need to operate at such speed is confirmed by the 
pilot on board or, when a vessel is not carrying a pilot, the master of 
the vessel. If a deviation from the ten-knot speed limit is necessary, 
the reasons for the deviation, the speed at which the vessel is 
operated, the latitude and longitude of the area, and the time and 
duration of such deviation shall be entered into the logbook of the 
vessel. The master of the vessel shall attest to the accuracy of the 
logbook entry by signing and dating it.
    (d) No later than January 1, 2019, the National Marine Fisheries 
Service will publish and seek comment on a report evaluating the 
conservation value and economic and navigational safety impacts of this 
section, including any recommendations to minimize burden of such 
impacts.

[FR Doc. 2014-14017 Filed 6-13-14; 8:45 am]
BILLING CODE 3510-22-P