Pacific Cod by Catcher Vessels Less Than 50 Feet (15.2 Meters) Length Overall Using Hook-and-Line Gear in the Central Regulatory Area of the Gulf of Alaska, 13510-13511 [2012-5552]
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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
This Final Rule is intended to
enhance the flexibility of regulated
entities concluding contractual
relationships subject to the Shipping
Act and the Commission’s regulations.
There are two types of regulated entities
that this Final Rule may affect: vesseloperating common carriers (VOCCs) and
non-vessel-operating common carriers
(NVOCCs). The Commission currently
has on file registrations (Form FMC–1)
for 294 VOCCs. VOCCs are generally not
small entities, as defined by North
American Industry Classification
System’s size standards identified by
Small Business Administration. 13 CFR
121.201. While some are large, multinational corporations, most NVOCCs
licensed by the Commission have fewer
than 500 employees and are therefore
small entities. There are currently 4,652
NVOCCs licensed by or registered with
the Commission.
The Commission believes that there
are approximately 46,962 effective
service contracts on file with the
Commission between May 1, 2011
through February 9, 2012. Of those, the
Commission has identified 62 service
contracts referencing indices,
approximately 0.13% of the total, that
would become subject to the Final Rule.
Complying with the Final Rule with
respect to 0.13% of the total service
contracts would not appear to result in
a ‘‘significant economic impact’’ on
VOCCs. Specifically, only VOCCs whose
service contracts refer to indices will be
subject to the requirements of 46 CFR
530.8(c)(3) of the Final Rule, and based
upon the number of contracts currently
on file with the Commission, that
number is very small.
Nor will this Final Rule have a
‘‘significant economic impact’’ on
NVOCCs. The rule simply provides
parties to service contracts and NSAs
more freedom and flexibility in their
commercial arrangements and will not
adversely affect small NVOCCs. Unlike
VOCC service contracts, there are no
NSAs currently on file with the
Commission that reference indices, and,
therefore, no NSAs would be impacted
by the Final Rule.
In view of the above, the Chairman of
the Commission hereby certifies,
pursuant to 46 U.S.C. 605(b) of the
Regulatory Flexibility Act that the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
This rule is not a ‘‘major rule’’ under
5 U.S.C. 804(2).
As VOCC parties to service contracts
and NVOCC parties to NSAs are already
required to provide ‘‘associated records’’
to the Commission pursuant to the
Commission’s regulations at 46 CFR
VerDate Mar<15>2010
16:19 Mar 06, 2012
Jkt 226001
530.15(c) and 531.12(b), this Final Rule
does not impose any new recordkeeping
or reporting requirements on VOCCs or
NVOCCs that would be ‘‘collection of
information’’ requiring approval under
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 46 CFR Parts 530 and
531
Freight, Maritime carriers, Reporting
and recordkeeping requirements.
For the reasons stated in the
supplementary information, the Federal
Maritime Commission amends 46 CFR
parts 530 and 531 as follows.
PART 530—SERVICE CONTRACTS
1. The authority citation for part 530
continues to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C. 305,
40301–40306, 40501–40503, 41307.
■
2. Revise § 530.8(c) to read as follows:
§ 530.8
(2) Make reference to terms not
explicitly contained in the NSA itself
unless those terms are readily available
to the parties and the Commission.
Reference may not be made to a tariff of
a common carrier other than the NVOCC
acting as carrier party to the NSA.
(3) Pursuant to § 531.12(b), the carrier
party to the NSA must, upon written
request by the Commission, provide the
Commission with the associated records
of the referenced terms. For the purpose
of paragraph (c)(2) of this section, the
referenced terms will be deemed readily
available to the Commission if the
carrier party to the NSA provides the
Commission with the associated records
of the terms within thirty (30) days of
the Commission’s written request.
*
*
*
*
*
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012–5461 Filed 3–6–12; 8:45 am]
BILLING CODE 6730–01–P
Service Contracts.
*
*
*
*
*
(c) Certainty of terms. The terms
described in paragraph (b) of this
section may not:
(1) Be uncertain, vague or ambiguous;
or
(2) Make reference to terms not
explicitly contained in the service
contract itself unless those terms are
readily available to the parties and the
Commission.
(3) Pursuant to § 530.15(c), the carrier
party to the service contract must, upon
written request by the Commission,
provide the Commission with the
associated records of the referenced
terms. For the purpose of paragraph
(c)(2) of this section, the referenced
terms will be deemed readily available
to the Commission if the carrier party to
the service contract provides the
Commission with the associated records
of the terms within thirty (30) days of
the Commission’s written request.
*
*
*
*
*
PART 531—NVOCC SERVICE
ARRANGEMENTS
3. The authority citation for Part 531
continues to read as follows:
■
Authority: 46 U.S.C. 40103.
■
4. Revise § 531.6(c) to read as follows:
§ 531.6
NVOCC Service Arrangements.
*
*
*
*
*
(c) Certainty of terms. The terms
described in paragraph (b) of this
section may not:
(1) Be uncertain, vague or ambiguous;
or
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–2]
RIN 0648–XB062
Pacific Cod by Catcher Vessels Less
Than 50 Feet (15.2 Meters) Length
Overall Using Hook-and-Line Gear 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 cod by catcher vessels
(CVs) less than 50 feet (15.2 meters (m))
in length overall (LOA) using hook-andline gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the A
season allowance of the 2012 Pacific
cod total allowable catch apportioned to
CVs less than 50 feet (15.2 m) LOA
using hook-and-line gear in the Central
Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 4, 2012, through
1200 hrs, A.l.t., September 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
SUMMARY:
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07MRR1
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
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.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2012
Pacific cod total allowable catch (TAC)
apportioned to CVs less than 50 feet
(15.2 m) LOA using hook-and-line gear
in the Central Regulatory Area of the
GOA is 3,938 metric tons (mt), as
established by the final 2011 and 2012
harvest specifications for groundfish of
the GOA (76 FR 11111, March 1, 2011),
revision to the final 2012 harvest
specifications for Pacific cod (76 FR
81860, December 29, 2011), and
inseason adjustment to the final 2012
harvest specifications for Pacific cod (77
FR 438, January 5, 2012).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the A season allowance
VerDate Mar<15>2010
16:19 Mar 06, 2012
Jkt 226001
of the 2012 Pacific cod TAC
apportioned to CVs less than 50 feet
(15.2 m) LOA using hook-and-line gear
in the Central Regulatory Area of the
GOA will soon be reached. Therefore,
the Regional Administrator is
establishing a directed fishing
allowance of 3,903 mt, and is setting
aside the remaining 35 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by CVs
less than 50 feet (15.2 m) LOA using
hook-and-line gear in the Central
Regulatory Area of the GOA. 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 Acting 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
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13511
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directed fishing for
Pacific cod by CVs less than 50 feet
(15.2 m) LOA using hook-and-line gear
in the Central Regulatory Area of the
GOA. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of March 1, 2012.
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 is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2012.
Steven Thur,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–5552 Filed 3–2–12; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Rules and Regulations]
[Pages 13510-13511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5552]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-2]
RIN 0648-XB062
Pacific Cod by Catcher Vessels Less Than 50 Feet (15.2 Meters)
Length Overall Using Hook-and-Line Gear 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 is prohibiting directed fishing for Pacific cod by
catcher vessels (CVs) less than 50 feet (15.2 meters (m)) in length
overall (LOA) using hook-and-line gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action is necessary to prevent
exceeding the A season allowance of the 2012 Pacific cod total
allowable catch apportioned to CVs less than 50 feet (15.2 m) LOA using
hook-and-line gear in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 4, 2012,
through 1200 hrs, A.l.t., September 1, 2012.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
[[Page 13511]]
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. Regulations governing sideboard
protections for GOA groundfish fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2012 Pacific cod total allowable
catch (TAC) apportioned to CVs less than 50 feet (15.2 m) LOA using
hook-and-line gear in the Central Regulatory Area of the GOA is 3,938
metric tons (mt), as established by the final 2011 and 2012 harvest
specifications for groundfish of the GOA (76 FR 11111, March 1, 2011),
revision to the final 2012 harvest specifications for Pacific cod (76
FR 81860, December 29, 2011), and inseason adjustment to the final 2012
harvest specifications for Pacific cod (77 FR 438, January 5, 2012).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the A season
allowance of the 2012 Pacific cod TAC apportioned to CVs less than 50
feet (15.2 m) LOA using hook-and-line gear in the Central Regulatory
Area of the GOA will soon be reached. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 3,903 mt,
and is setting aside the remaining 35 mt as bycatch to support other
anticipated groundfish fisheries. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for Pacific cod by CVs less than 50 feet (15.2 m) LOA
using hook-and-line gear in the Central Regulatory Area of the GOA.
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 Acting 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. This requirement is
impracticable and contrary to the public interest as it would prevent
NMFS from responding to the most recent fisheries data in a timely
fashion and would delay the closure of directed fishing for Pacific cod
by CVs less than 50 feet (15.2 m) LOA using hook-and-line gear in the
Central Regulatory Area of the GOA. NMFS was unable to publish a notice
providing time for public comment because the most recent, relevant
data only became available as of March 1, 2012.
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 is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-5552 Filed 3-2-12; 4:15 pm]
BILLING CODE 3510-22-P
