[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Rules and Regulations]
[Page 48106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19809]
[[Page 48106]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 120427423-2423-02]
RIN 0648-AW93
Sea Turtle Conservation; Shrimp and Summer Flounder Trawling
Requirements; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: On May 21, 2012, we published a final rule to revise the
turtle excluder devices (TEDs) requirements to allow new materials and
to modify existing approved TED designs. In this notice, we are
correcting a technical error in the definition of a brace bar included
in the allowable modifications to hard TEDs and special hard TEDs.
DATES: Effective Date: August 13, 2012.
ADDRESSES: NMFS, Southeast Regional Office, Protected Resources
Division, 263 13th Avenue South, St. Petersburg, FL 33701-5505.
FOR FURTHER INFORMATION CONTACT: Michael Barnette, NMFS, Southeast
Regional Office, and the address above, or at (727) 551-5794.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2012 (77 FR 29905), we published a final rule revising
the TED requirements to allow the use of new materials and to modify
existing approved TED designs. The definition of a brace bar included
as an allowable modification was wrong, however, and must be corrected.
Specifically, the previous definition incorrectly required the brace
bar to be permanently attached to the frame and rear face of each of
the deflector bars within 4 inches (10.2 cm) of the midpoint of the TED
frame. This requirement is explicit only for TEDs constructed of steel
or aluminum flat bar less than \3/8\ inch in thickness, as noted in
Sec. 223.207, paragraph (a)(1)(i)(D). For TEDs constructed of steel,
fiberglass, or aluminum rod meeting the minimum specified dimensions;
steel or aluminum tubing meeting the minimum specified dimensions; or
steel or aluminum flat bar \3/8\ inch (0.95 cm) or more in thickness,
an optional brace bar need only be secured to the rear face of the TED
frame. A brace bar on a TED frame constructed of the aforementioned
materials may also be secured to the rear face of each of the deflector
bars, with or without spacer bars, but this is not a requirement.
Correction
Accordingly, the final rule published on May 21, 2012 (77 FR
29905), is corrected and is effective upon publication. On page 29909,
column 3, paragraph (d)(9) is corrected.
List of Subjects in 50 CFR Part 223
Endangered and threatened species, Exports, Imports,
Transportation.
Dated: August 7, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 223 is amended
by making the following corrected amendment:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531-1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206 (d)(9).
0
2. In Sec. 223.207, paragraph (d)(9) is revised to read as follows:
Sec. 223.207 Approved TEDs.
* * * * *
(d) * * *
(9) Brace bar. (Figure 14a of this part). A horizontal brace bar
may be added to a TED if the brace bar is constructed of aluminum or
steel rod or tubing specified in 50 CFR 223.207(a)(1)(i)(A) through
(C), or flat bar \3/8\-inch (0.95 cm) or more in thickness, and is
permanently attached to the rear of the outer frame; for TEDs
constructed of flat bar less than \3/8\-inch (0.95 cm) in thickness,
the regulations specified in 50 CFR 223.207(a)(1)(i)(D) apply. The
horizontal brace bar may be permanently secured to the rear face of
each of the deflector bars. The horizontal brace bar may be offset
behind the deflector bars, using spacer bars attached to the rear face
of each of the deflector bars, not to exceed 5 inches (12.7 cm) in
length, and must be constructed of the same size or larger material as
the deflector bars.
* * * * *
[FR Doc. 2012-19809 Filed 8-10-12; 8:45 am]
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