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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This final rule is not subject to Executive Order 13211 66 FR 28355, May 22, 2001 because it is not expected to affect energy supply, distribution, or use and has not otherwise been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action.
I. National Technology Transfer and Advancement Act NTTAA
This action does not involve any technical standards. Therefore, section 12d of NTTAA, 15 U.S.C. 272 note, does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is not subject to Executive Order 12898 59 FR 7629, February 16, 1994 because it does not establish an environmental health or safety standard.
This action establishes an information requirement and does not affect the level of protection provided to human health or the environment.
K. Congressional Review Act CRA
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C.
8042.
List of Subjects in 40 CFR Part 713
Environmental protection, Exports, Imports, Manufacturing, Mercury, Trade practices.
Michael S. Regan, Administrator.

Therefore, for the reasons set forth in the preamble, 40 CFR Chapter I is amended as follows:
PART 713REPORTING
REQUIREMENTS FOR THE TSCA
INVENTORY OF MERCURY SUPPLY, USE, AND TRADE

Authority: 15 U.S.C. 2607b10D.

2. In 713.7, paragraph b is revised to read as follows:

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713.7

Persons who must report.

b Any person who manufactures including imports a mercury-added product, except:

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FR Doc. 202124209 Filed 11521; 8:45 am BILLING CODE 656050P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 223
Docket No. 2110290220
RIN 0648BK98

Temporary Rule Authorizing Limited Tow Times in Lieu of Turtle Excluder Devices by Shrimp Trawlers in Specific Louisiana Waters National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule.
AGENCY:

NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishers to use limited tow times as an alternative to Turtle Excluder Devices TEDs in specific Louisiana state waters from 91 23 West longitude eastward to the Louisiana/
Mississippi border, and seaward out 3
nautical miles 5.6 kilometers. This action is necessary because environmental conditions resulting from Hurricane Ida are preventing fishers from using TEDs effectively.
DATES: Effective from November 5, 2021
through December 6, 2021.
FOR FURTHER INFORMATION CONTACT:
Michael Barnette, 7275515794.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Background
1. The authority citation for part 713
continues to read as follows:

1 A person who does not manufacture including import a mercury-added product with the purpose of obtaining an immediate or eventual commercial advantage; or 2 A person engaged only in the manufacture other than import of a product that contains a component that is a mercury-added product who did not first manufacture including import the component that is a mercury-added product; and

All sea turtles that occur in U.S.
waters are listed as either endangered or threatened under the Endangered Species Act of 1973 ESA. The Kemps ridley Lepidochelys kempii, leatherback Dermochelys coriacea, and hawksbill Eretmochelys imbricata turtles are listed as endangered. The loggerhead Caretta caretta and green Chelonia mydas turtles are listed as
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threatened, except for breeding populations of green turtles in Florida and on the Pacific coast of Mexico, which are listed as endangered.
Sea turtles are incidentally taken, and some are killed, as a result of numerous activities, including fishery-related trawling activities in the Gulf of Mexico and along the Atlantic seaboard. Under the ESA and its implementing regulations, the taking of sea turtles is prohibited, with exceptions identified in 50 CFR 223.206d, or according to the terms and conditions of a biological opinion issued under section 7 of the ESA, or according to an incidental take permit issued under section 10 of the ESA. The incidental taking of turtles during shrimp or summer flounder trawling is exempted from the taking prohibition of section 9 of the ESA, if the conservation measures specified in the sea turtle conservation regulations 50 CFR part 223 are followed. The regulations require most shrimp trawlers and summer flounder trawlers operating in the southeastern United States Atlantic area, Gulf area, and summer flounder sea turtle protection area, see 50 CFR 223.206 to have a NMFS-approved TED installed in each net that is rigged for fishing to allow sea turtles to escape. TEDs currently approved by NMFS include single-grid hard TEDs and hooped hard TEDs conforming to a generic description, the flounder TED, and one type of soft TEDthe Parker soft TED see 50 CFR
223.207.
TEDs incorporate an escape opening, usually covered by a webbing flap, which allows sea turtles to escape from trawl nets. To be approved by NMFS, a TED design must be shown to be 97
percent effective in excluding sea turtles during testing based upon specific testing protocols 50 CFR 223.207e1.
Approved hard TEDs are described in the regulations 50 CFR 223.207a according to generic criteria based upon certain parameters of TED design, configuration, and installation, including height and width dimensions of the TED opening through which the turtles escape.
The regulations governing sea turtle take prohibitions and exemptions provide for the use of limited tow times as an alternative to the use of TEDs for vessels with certain specified characteristics or under certain special circumstances. The provisions of 50
CFR 223.206d3ii specify that the NOAA Assistant Administrator for Fisheries AA may authorize compliance with tow time restrictions as an alternative to the TED requirement if the AA determines that the presence of algae, seaweed, debris, or other
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