Proposed Rule2025-00718

North Atlantic Right Whale Vessel Strike Reduction Rule

Primary source

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Published
January 16, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS withdraws a proposed rule published in the Federal Register on August 1, 2022 to amend the North Atlantic right whale (Eubalaena glacialis) vessel speed regulations. NMFS withdraws this proposed rule in light of numerous and ongoing requests from the public for further opportunity to review and engage with the Agency on the proposal. NMFS's existing vessel speed regulations remain in effect.

Full Text

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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Proposed Rules]
[Page 4711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00718]



[[Page 4711]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 250108-0009]
RIN 0648-BI88


North Atlantic Right Whale Vessel Strike Reduction Rule

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

ACTION: Proposed rule; withdrawal.

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SUMMARY:  NMFS withdraws a proposed rule published in the Federal 
Register on August 1, 2022 to amend the North Atlantic right whale 
(Eubalaena glacialis) vessel speed regulations. NMFS withdraws this 
proposed rule in light of numerous and ongoing requests from the public 
for further opportunity to review and engage with the Agency on the 
proposal. NMFS's existing vessel speed regulations remain in effect.

DATES:  The National Marine Fisheries Service is withdrawing the 
proposed rule published August 1, 2022 (87 FR 46921) as of January 16, 
2025.

ADDRESSES: The August 1, 2022 proposed rule, and the comments received, 
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket No. NOAA-NMFS-
2022-0022.

FOR FURTHER INFORMATION CONTACT:  Caroline Good, NMFS Office of 
Protected Resources, <a href="/cdn-cgi/l/email-protection#f19290839e9d989f94df969e9e95b19f9e9090df969e87"><span class="__cf_email__" data-cfemail="b0d3d1c2dfdcd9ded59ed7dfdfd4f0dedfd1d19ed7dfc6">[email&#160;protected]</span></a>, 301-427-8402.

SUPPLEMENTARY INFORMATION:

Background

    The proposed rule (87 FR 46921, August 1, 2022) was intended to 
further reduce the likelihood of mortalities and serious injuries to 
endangered North Atlantic right whales from vessel collisions, which 
are impeding the species' recovery and are a primary factor in an 
ongoing Unusual Mortality Event. The proposed rule would have expanded 
the size class of regulated vessels subject to applicable vessel speed 
restrictions, enlarged the boundaries and extended the timing of 
seasonal speed zones, introduced mandatory dynamic (i.e., temporary) 
speed zones when right whales were known to be present outside of 
active seasonal zones, clarified language related to enforcement of the 
rule, and updated the safety deviation provision and reporting 
requirements.
    NMFS received approximately 90,000 public comments on the proposed 
rule. The comments received addressed many different aspects of the 
rule and reflected views on all sides of the issues addressed. Despite 
its best efforts, NMFS does not have sufficient time to finalize this 
regulation in this Administration due to the scope and volume of public 
comments. NMFS hereby withdraws the August 2022 proposed rule and 
terminates this rulemaking proceeding. NMFS' existing North Atlantic 
right whale vessel speed regulations (50 CFR 224.105) remain in effect.
    Withdrawal of the proposed rule does not preclude NMFS from taking 
future action, including but not limited to initiating a new 
rulemaking, to address ongoing lethal right whale vessel strikes. If, 
in the future, NMFS decides it is appropriate to issue regulations on 
this topic, NMFS will do so via a new rulemaking, in accordance with 
the Administrative Procedure Act, 5 U.S.C. 551 et seq.

    Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 1361 et seq.

    Dated: January 8, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2025-00718 Filed 1-15-25; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on January 16, 2025.

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