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]

Download as PDF srobinson on DSK4SPTVN1PROD with RULES 13510 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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: E:\FR\FM\07MRR1.SGM 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 9990 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 E:\FR\FM\07MRR1.SGM 07MRR1

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.

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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

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