Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels Participating in the Entry Level Rockfish Fishery in the Central Regulatory Area of the Gulf of Alaska, 39789-39790 [2011-17047]
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wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
taxpayer to the entity receiving the
benefit of a particular Board action.1
As stated in the NPRM, we believe
three sound public policy
considerations call for the Board to set
relatively low fees for filing a complaint.
Under the ICC Termination Act of
1995,2 Congress eliminated authority
previously held by the Interstate
Commerce Commission to initiate
investigations of alleged illegal or
unreasonable rates or practices. As a
result, the filing of a complaint by
shippers or other entities is often the
Board’s only mechanism for
investigating and addressing potential
rate violations or other unlawful
practices.
Second, it is possible that the
relatively high fees for filing formal
complaints under item 56(iv)—currently
$20,600—may be having a chilling effect
on shippers and other entities seeking to
bring a complaint to the Board. For
example, over the past 10 years, our Rail
Consumer and Public Assistance unit
has assessed hundreds of informal
complaints related to service and
demurrage, and although many have
been successfully resolved, several that
were unresolved did not become the
subjects of formal complaints. While we
presume that some of these cases were
not brought before the Board for reasons
unrelated to fees, the proposed fee
amendment would minimize any
chilling effect of high fees, and
encourage outside parties to bring
allegations of regulatory violations
before the Board for adjudication.
Finally, the proposed amendment
should result in better management of
the Board’s docket and use of Board
resources. Maintaining comparatively
low filing fees for petitions for
declaratory orders, coupled with the
high fee for complaints (other than rate
or competitive access complaints) under
fee item 56(iv), appears to have led
parties to seek broad declarations by the
Board rather than asking the Board to
resolve individual complaints. In some
cases, an individual complaint may
have been preferable, and the Board’s
fee structure should not be the deciding
factor in a party’s decision of what type
of case to bring.
Comments in support of the proposed
rules were filed individually by the U.S.
Department of Agriculture, National
Grain and Feed Association, the
Fertilizer Institute, the National
Industrial Transportation League,
Consumers United For Rail Equity
1 The fees established by the Board for specific
services offset the Board’s appropriated funding,
and do not directly add to it.
2 Public Law 104–88, 109 Stat. 803 (1995).
VerDate Mar<15>2010
13:26 Jul 06, 2011
Jkt 223001
(CURE), and jointly by Western Coal
Traffic League, American Public Power
Association, and National Rural Electric
Cooperative Association (collectively,
Coal Shippers). CURE and Coal
Shippers 3 also filed replies in support
of other parties’ initial comments. No
comments opposing any aspect of the
proposed rules were filed. For the
reasons set forth in this decision and in
the NPRM, we will adopt the proposal
in its entirety.
This action will not significantly
affect either the quality of the human
environment or the conservation of
energy resources.
List of Subjects in 49 CFR Part 1002
Administrative practice and
procedure, Common carriers, Freedom
of information.
Decided: July 1, 2011.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Mulvey.
Jeffrey Herzig,
Clearance Clerk.
Code of Federal Regulations
For reasons set forth in the preamble,
the Surface Transportation Board
amends title 49, chapter X, part 1002, of
the Code of Federal Regulations as
follows:
PART 1002—FEES
1. The authority citation for part 1002
continues to read as follows:
■
Authority: 5 U.S.C. 552(a)(4)(A) and 553;
31 U.S.C. 9701 and 49 U.S.C. 721(a). Section
1002.1(g)(11) also issued under 5 U.S.C. 5514
and 31 U.S.C. 3717.
39789
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XA546
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish
and Pelagic Shelf Rockfish for Trawl
Catcher Vessels Participating in the
Entry Level Rockfish Fishery in the
Central Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS deems it appropriate to
not open directed fishing for northern
rockfish and pelagic shelf rockfish (PSR)
for trawl catcher vessels participating in
the entry level rockfish fishery in the
Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2011 allocation
of northern rockfish and PSR to trawl
catcher vessels participating in the entry
level rockfish fishery in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 1, 2011, through 1200
hrs, A.l.t., September 1, 2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
■ 2. Revise § 1002.2, paragraph
GOA exclusive economic zone
(f)(56)(iv) to read as follows:
according to the Fishery Management
Plan for Groundfish of the Gulf of
§ 1002.2 Filing fees.
Alaska (FMP) prepared by the North
*
*
*
*
*
Pacific Fishery Management Council
(f) * * *
under authority of the MagnusonStevens Fishery Conservation and
Type of proceeding
Fee
Management Act. Regulations governing
fishing by U.S. vessels in accordance
*
*
*
*
*
with the FMP appear at subpart H of 50
PART V: FORMAL PROCEEDINGS
CFR part 600 and 50 CFR part 679.
The 2011 allocations of northern
rockfish and PSR for vessels
*
*
*
*
*
participating in the entry level trawl
(56) * * *.
(iv) All other formal comfishery in the Central Regulatory Area of
plaints (except competitive
the GOA are 0 metric tons as established
access complaints) ............
$350 by the final 2011 and 2012 harvest
specifications for groundfish in the GOA
(76 FR 11111, March 1, 2011).
*
*
*
*
*
Consequently, in accordance with
§ 679.83(a)(3), the Administrator, Alaska
[FR Doc. 2011–17020 Filed 7–6–11; 8:45 am]
Region, NMFS, deems it appropriate for
BILLING CODE 4915–01–P
conservation and management purposes
to not open directed fishing for northern
3 On reply, Coal Shippers included Edison
Electric Institute.
rockfish and PSR for trawl catcher
PO 00000
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Fmt 4700
Sfmt 4700
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07JYR1.SGM
07JYR1
39790
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations
vessels participating in the entry level
rockfish fishery in the Central
Regulatory Area of the GOA, because
there is no available allocation for
directed fishing.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA (AA)
finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. Notice and comment is
unnecessary because there is no
available fish for an allocation and
therefore the Regional Administrator
has no discretion for any action other
than to prohibit directed fishing.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.83 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2011.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–17047 Filed 7–1–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
RIN 0648–XA536
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Catcher Vessels in the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
SUMMARY:
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13:26 Jul 06, 2011
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deep-water species fishery for catcher
vessels subject to sideboard limits
established under the Central Gulf of
Alaska (GOA) Rockfish Program in the
GOA. This action is necessary because
the 2011 Pacific halibut prohibited
species catch (PSC) sideboard limit
specified for the deep-water species
fishery for catcher vessels subject to
sideboard limits established under the
Central GOA Rockfish Program in the
GOA is insufficient to support directed
fishing for the deep-water species
fisheries.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 1, 2011, through 1200
hrs, A.l.t., July 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2011 Pacific halibut PSC
sideboard limit specified for the deepwater species fishery for catcher vessels
subject to sideboard limits established
under the Central GOA Rockfish
Program in the GOA is 22 metric tons,
for the period 1200 hrs, A.l.t., July 1,
2011, through 1200 hrs, A.l.t., July 31,
2011, as established by § 679.82(d)(8)(i)
and the final 2011 and 2012 harvest
specifications for groundfish of the GOA
(76 FR 11111, March 1, 2011).
In accordance with
§ 679.82(d)(9)(i)(B), the Administrator,
Alaska Region, NMFS, has determined
that the 2011 Pacific halibut PSC
sideboard limit specified for the deepwater species fishery for catcher vessels
subject to sideboard limits established
under the Central GOA Rockfish
Program in the GOA is insufficient to
support directed fishing for the deepwater species fisheries. Consequently, in
accordance with § 679.82(d)(9)(ii)(B),
NMFS is prohibiting directed fishing for
species that comprise the deep-water
species fishery for catcher vessels
subject to sideboard limits established
under the Central GOA Rockfish
Program in the GOA. The species and
species groups that comprise the deepwater species fishery for the sideboard
limit include deep-water flatfish, rex
sole, and arrowtooth flounder.
After the effective date of this closure
the maximum retainable amounts at
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Frm 00028
Fmt 4700
Sfmt 4700
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. Notice and comment is
unnecessary because there is
insufficient halibut PSC sideboard limit
to support a directed fishery and
therefore the Regional Administrator
has no discretion for any action other
than to prohibit directed fishing.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.82 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 30, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–17041 Filed 7–1–11; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XA543
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
for Catcher Vessels Participating in the
Rockfish Entry Level Trawl Fishery in
the Central Regulatory Area of the Gulf
of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch by trawl
catcher vessels participating in the
rockfish entry level fishery in the
Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
SUMMARY:
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Rules and Regulations]
[Pages 39789-39790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17047]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA546
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish and Pelagic Shelf Rockfish for Trawl Catcher Vessels
Participating in the Entry Level Rockfish Fishery in the Central
Regulatory Area of the Gulf of Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS deems it appropriate to not open directed fishing for
northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher
vessels participating in the entry level rockfish fishery in the
Central Regulatory Area of the Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the 2011 allocation of northern rockfish
and PSR to trawl catcher vessels participating in the entry level
rockfish fishery in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 1, 2011,
through 1200 hrs, A.l.t., September 1, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679.
The 2011 allocations of northern rockfish and PSR for vessels
participating in the entry level trawl fishery in the Central
Regulatory Area of the GOA are 0 metric tons as established by the
final 2011 and 2012 harvest specifications for groundfish in the GOA
(76 FR 11111, March 1, 2011).
Consequently, in accordance with Sec. 679.83(a)(3), the
Administrator, Alaska Region, NMFS, deems it appropriate for
conservation and management purposes to not open directed fishing for
northern rockfish and PSR for trawl catcher
[[Page 39790]]
vessels participating in the entry level rockfish fishery in the
Central Regulatory Area of the GOA, because there is no available
allocation for directed fishing.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA) finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. Notice and comment is unnecessary
because there is no available fish for an allocation and therefore the
Regional Administrator has no discretion for any action other than to
prohibit directed fishing.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and Sec. 679.83 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-17047 Filed 7-1-11; 4:15 pm]
BILLING CODE 3510-22-P
