Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Increase of the Landing Limit for Eastern Georges Bank Cod in the U.S./Canada Management Area, 78659-78660 [E8-30581]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Consequently, FRA has
determined that this regulatory action is
not a ‘‘significant energy action’’ within
the meaning of Executive Order 13211.
calendar year 2009. The procedure for
determining the reporting threshold for
calendar years 2006 and beyond appears
as paragraphs 1–8 of appendix B to part
225.
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*
*
*
*
Privacy Act
Anyone is able to search the
electronic form of all our comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.regulations.gov.
Issued in Washington, DC, on December
17, 2008.
Clifford C. Eby,
Acting Administrator.
[FR Doc. E8–30534 Filed 12–22–08; 8:45 am]
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
50 CFR Part 648
The Rule
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Increase of the
Landing Limit for Eastern Georges
Bank Cod in the U.S./Canada
Management Area
PART 225—[AMENDED]
1. The authority citation for part 225
continues to read as follows:
■
Authority: 49 U.S.C. 103, 322(a), 20103,
20107, 20901–02, 21301, 21302, 21311; 28
U.S.C. 2461, note; and 49 CFR 1.49.
2. Amend § 225.19 by revising the first
sentence of paragraph (c) and revising
paragraph (e) to read as follows:
■
§ 225.19 Primary groups of accidents/
incidents.
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(c) Group II—Rail equipment. Rail
equipment accidents/incidents are
collisions, derailments, fires,
explosions, acts of God, and other
events involving the operation of ontrack equipment (standing or moving)
that result in damages higher than the
current reporting threshold (i.e., $6,700
for calendar years 2002 through 2005,
$7,700 for calendar year 2006, $8,200
for calendar year 2007, $8,500 for
calendar year 2008 and $8,900 for
calendar year 2009) to railroad on-track
equipment, signals, tracks, track
structures, or roadbed, including labor
costs and the costs for acquiring new
equipment and material. * * *
*
*
*
*
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(e) The reporting threshold is $6,700
for calendar years 2002 through 2005,
$7,700 for calendar year 2006, $8,200
for calendar year 2007, $8,500 for
calendar year 2008 and $8,900 for
15:41 Dec 22, 2008
Jkt 217001
National Oceanic and Atmospheric
Administration
RIN 0648–XL94
In consideration of the foregoing, FRA
amends part 225 of chapter II, subtitle
B of title 49, Code of Federal
Regulations, as follows:
VerDate Aug<31>2005
DEPARTMENT OF COMMERCE
[Docket No.071004577 8124 02]
■
*
BILLING CODE 4910–06–P
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; increase of
landing limit.
SUMMARY: This action increases the
landing limit of Eastern Georges Bank
(GB) cod to 1,000 lb (453.6 kg) per dayat-sea (DAS), or any part of a DAS, up
to 10,000 lb (4,535.9 kg) per trip for NE
multispecies DAS vessels fishing in the
U.S./Canada Management Area. This
action is authorized by the regulations
implementing Amendment 13 to the NE
Multispecies Fishery Management Plan
and is intended to increase the
likelihood of harvesting the total
allowable catch (TAC) for Eastern GB
cod without exceeding it during the
2008 fishing year. This action is being
taken to allow vessels to fully harvest
the TACs for transboundary stocks of
GB cod, haddock, and yellowtail
flounder under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective December 23, 2008,
through April 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341, fax (978) 281–9135.
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
78659
SUPPLEMENTARY INFORMATION:
Regulations governing the GB cod
landing limit within the Eastern U.S./
Canada Area are found at
§ 648.85(a)(3)(iv)(A) and (D). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area, as defined at
§ 648.85(a)(1), under specific
conditions. The TAC for Eastern GB cod
for the 2008 fishing year (May 1, 2008
- April 30, 2009) was set at 667 mt (73
FR 16572, March 28, 2008), a 35–
percent increase from the TAC for the
2007 fishing year.
The regulations at § 648.85(a)(3)(iv)(D)
authorize the Administrator, Northeast
(NE) Region, NMFS (Regional
Administrator) to increase or decrease
the trip limits in the U.S./Canada
Management Area to prevent overharvesting or under-harvesting the TAC
allocation. The default landing limit of
Eastern GB cod for NE multispecies
DAS vessels fishing in the Eastern U.S./
Canada Area is 500 lb (226.8 kg) per
DAS, or any part of a DAS, up to 5,000
lb (2,268 kg) per trip. According to the
most recent Vessel Monitoring System
(VMS) reports and other available
information, the fishing year 2008
Eastern GB cod TAC will not be
harvested under the current landing
limit. Analysis of harvest patterns in
previous fishing years indicates that the
TAC would not be exceeded under the
increased landing limit of 1,000 lb
(453.6 kg) per DAS, or any part of a
DAS, up to 10,000 lb (4,535.9 kg) per
trip. Based on this information, the
Regional Administrator is increasing the
current Eastern GB cod landing limit of
500 lb (226.8 kg) per DAS, or any part
of a DAS, up to 5,000 lb (2,268 kg) per
trip in the Eastern U.S./Canada Area; to
1,000 lb (453.6 kg) per DAS, or any part
of a DAS, up to 10,000 lb (4,535.9 kg)
per trip, effective 0001 hours local time
December 23, 2008, through April 30,
2009.
Eastern GB cod landings will continue
to be closely monitored. Further
inseason adjustments to increase or
decrease the trip limit may be
considered, based on updated catch data
and projections. Should 100 percent of
the TAC allocation for Eastern GB cod
be projected to be harvested, the Eastern
U.S./Canada Area would be closed to
limited access NE multispecies DAS
vessels for the remainder of the fishing
year.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
E:\FR\FM\23DER1.SGM
23DER1
78660
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
Pursuant to 5 U.S.C. 553(b)(3)(B) and
(d)(3), there is good cause to waive prior
notice and opportunity for public
comment, as well as the delayed
effectiveness for this action, because
prior notice and comment and a delayed
effectiveness would be impracticable
and contrary to the public interest. This
action would relieve a restriction by
increasing the trip limit for Eastern GB
cod for all NE multispecies DAS vessels
fishing in the Eastern U.S./Canada Area
through April 30, 2009, to facilitate the
harvest of the TAC for Eastern GB cod
while ensuring that the TAC will not be
exceeded during the 2008 fishing year.
This will result in decreased regulatory
discards of Eastern GB cod, increased
revenue for the NE multispecies fishery,
and an increased chance of achieving
optimum yield in the groundfish
fishery.
This action is authorized by the
regulations at § 648.85(a)(3)(iv)(D) to
facilitate achieving the U.S./Canada
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
Management Area TACs. It is important
to take this action immediately because
the current restrictive Eastern GB cod
trip limit has prevented the NE
multispecies fishery from harvesting the
TAC at a rate that will result in
complete harvest by the end of the 2008
fishing year. Delay in the
implementation of this action could
result in further wasteful discards of
Eastern GB cod and decrease the
opportunity available for vessels to fully
harvest the 2008 Eastern GB cod TAC.
The information necessary to take this
action only became available recently.
The time necessary to provide for prior
notice, opportunity for public comment,
and delayed effectiveness for this action
would prevent NE multispecies DAS
vessels from efficiently targeting Eastern
GB cod in the U.S./Canada Management
Area. The Regional Administrator’s
authority to increase trip limits for
Eastern GB cod in the U.S./Canada
Management Area to help ensure that
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
the shared U.S./Canada stocks of fish
are harvested, but not exceeded, was
considered and open to public comment
during the development of Amendment
13 and Framework Adjustment 42.
Further, the potential of increasing the
Eastern GB cod trip limit was
announced to the public when the 2008
U.S./Canada TACs were set (73 FR
16572, March 28, 2008) prior to the start
of the 2008 fishing year. Therefore, any
negative effect the waiving of public
comment and delayed effectiveness may
have on the public is mitigated by these
factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–30581 Filed 12–22–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78659-78660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30581]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.071004577 8124 02]
RIN 0648-XL94
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Increase of the Landing Limit for Eastern Georges
Bank Cod in the U.S./Canada Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; increase of landing limit.
-----------------------------------------------------------------------
SUMMARY: This action increases the landing limit of Eastern Georges
Bank (GB) cod to 1,000 lb (453.6 kg) per day-at-sea (DAS), or any part
of a DAS, up to 10,000 lb (4,535.9 kg) per trip for NE multispecies DAS
vessels fishing in the U.S./Canada Management Area. This action is
authorized by the regulations implementing Amendment 13 to the NE
Multispecies Fishery Management Plan and is intended to increase the
likelihood of harvesting the total allowable catch (TAC) for Eastern GB
cod without exceeding it during the 2008 fishing year. This action is
being taken to allow vessels to fully harvest the TACs for
transboundary stocks of GB cod, haddock, and yellowtail flounder under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Effective December 23, 2008, through April 30, 2009.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: Regulations governing the GB cod landing
limit within the Eastern U.S./Canada Area are found at Sec.
648.85(a)(3)(iv)(A) and (D). The regulations authorize vessels issued a
valid limited access NE multispecies permit and fishing under a NE
multispecies DAS to fish in the U.S./Canada Management Area, as defined
at Sec. 648.85(a)(1), under specific conditions. The TAC for Eastern
GB cod for the 2008 fishing year (May 1, 2008 - April 30, 2009) was set
at 667 mt (73 FR 16572, March 28, 2008), a 35-percent increase from the
TAC for the 2007 fishing year.
The regulations at Sec. 648.85(a)(3)(iv)(D) authorize the
Administrator, Northeast (NE) Region, NMFS (Regional Administrator) to
increase or decrease the trip limits in the U.S./Canada Management Area
to prevent over-harvesting or under-harvesting the TAC allocation. The
default landing limit of Eastern GB cod for NE multispecies DAS vessels
fishing in the Eastern U.S./Canada Area is 500 lb (226.8 kg) per DAS,
or any part of a DAS, up to 5,000 lb (2,268 kg) per trip. According to
the most recent Vessel Monitoring System (VMS) reports and other
available information, the fishing year 2008 Eastern GB cod TAC will
not be harvested under the current landing limit. Analysis of harvest
patterns in previous fishing years indicates that the TAC would not be
exceeded under the increased landing limit of 1,000 lb (453.6 kg) per
DAS, or any part of a DAS, up to 10,000 lb (4,535.9 kg) per trip. Based
on this information, the Regional Administrator is increasing the
current Eastern GB cod landing limit of 500 lb (226.8 kg) per DAS, or
any part of a DAS, up to 5,000 lb (2,268 kg) per trip in the Eastern
U.S./Canada Area; to 1,000 lb (453.6 kg) per DAS, or any part of a DAS,
up to 10,000 lb (4,535.9 kg) per trip, effective 0001 hours local time
December 23, 2008, through April 30, 2009.
Eastern GB cod landings will continue to be closely monitored.
Further inseason adjustments to increase or decrease the trip limit may
be considered, based on updated catch data and projections. Should 100
percent of the TAC allocation for Eastern GB cod be projected to be
harvested, the Eastern U.S./Canada Area would be closed to limited
access NE multispecies DAS vessels for the remainder of the fishing
year.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
[[Page 78660]]
Pursuant to 5 U.S.C. 553(b)(3)(B) and (d)(3), there is good cause
to waive prior notice and opportunity for public comment, as well as
the delayed effectiveness for this action, because prior notice and
comment and a delayed effectiveness would be impracticable and contrary
to the public interest. This action would relieve a restriction by
increasing the trip limit for Eastern GB cod for all NE multispecies
DAS vessels fishing in the Eastern U.S./Canada Area through April 30,
2009, to facilitate the harvest of the TAC for Eastern GB cod while
ensuring that the TAC will not be exceeded during the 2008 fishing
year. This will result in decreased regulatory discards of Eastern GB
cod, increased revenue for the NE multispecies fishery, and an
increased chance of achieving optimum yield in the groundfish fishery.
This action is authorized by the regulations at Sec.
648.85(a)(3)(iv)(D) to facilitate achieving the U.S./Canada Management
Area TACs. It is important to take this action immediately because the
current restrictive Eastern GB cod trip limit has prevented the NE
multispecies fishery from harvesting the TAC at a rate that will result
in complete harvest by the end of the 2008 fishing year. Delay in the
implementation of this action could result in further wasteful discards
of Eastern GB cod and decrease the opportunity available for vessels to
fully harvest the 2008 Eastern GB cod TAC.
The information necessary to take this action only became available
recently. The time necessary to provide for prior notice, opportunity
for public comment, and delayed effectiveness for this action would
prevent NE multispecies DAS vessels from efficiently targeting Eastern
GB cod in the U.S./Canada Management Area. The Regional Administrator's
authority to increase trip limits for Eastern GB cod in the U.S./Canada
Management Area to help ensure that the shared U.S./Canada stocks of
fish are harvested, but not exceeded, was considered and open to public
comment during the development of Amendment 13 and Framework Adjustment
42. Further, the potential of increasing the Eastern GB cod trip limit
was announced to the public when the 2008 U.S./Canada TACs were set (73
FR 16572, March 28, 2008) prior to the start of the 2008 fishing year.
Therefore, any negative effect the waiving of public comment and
delayed effectiveness may have on the public is mitigated by these
factors.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 17, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-30581 Filed 12-22-08; 8:45 am]
BILLING CODE 3510-22-S
