North Atlantic Right Whale Vessel Strike Reduction Rule
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Issuing agencies
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 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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