Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey, 70890-70891 [2013-28484]
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Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations
previously-approved PSP, it is not
necessary for a railroad to resubmit
design information to demonstrate that
the development of the technology
complies with Subpart H, except where
development changes were made from
the approved version of the technology.
Accordingly, in such cases the elements
of the PSP defined in 49 CFR
236.907(a)(1)–(a)(11) are satisfied if the
applicant makes explicit reference to an
FRA-approved PSP; 2 the content of the
original PSP relating to those paragraphs
need not be repeated in the third-party
PSP filings. However, because
paragraphs (a)(12)–(a)(20) of 49 CFR
236.907 address a railroad’s use of the
technology, including training,
installation, maintenance, security, and
other elements, information called for
by these paragraphs must be included
within the third-party’s PSP expressly.
A railroad may choose to copy these
elements from an approved PSP, and
FRA encourages this practice, but it is
necessary for railroads to explicitly
adopt the practices required for the use
of the technology. This reiteration of the
description of these required practices
will ensure that a railroad has adequate
notice of its obligations under its PSP,
which are subject to enforcement under
Subpart H. If variances exist in the
third-party railroad’s PSP information
responsive to paragraphs (a)(12)–(a)(20)
of 49 CFR 236.907, then those variances
must be supported by the safety analysis
of the original railroad or the third-party
railroad contained within the RSPP and
material in the PSP responsive to
paragraphs (a)(1)–(a)(11) of 49 CFR
236.907.
Once FRA approves a railroad’s PSP
(submitted through either an
informational filing or a petition for
approval), the submitting railroad
becomes subject to Subpart H in its
entirety, including the requirement set
forth in 49 CFR 236.915 that the railroad
comply with the terms of its FRAapproved PSP.
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Authority: 49 U.S.C. 20102–20103, 20107,
20133, 20141, 20157, 20301–20303, 20306,
20701–20703, 21301–21302, 21304; 28 U.S.C.
2461, note; and 49 CFR 1.89.
Issued in Washington, DC, on November
21, 2013.
Melissa L. Porter,
Chief Counsel, Federal Railroad
Administration.
[FR Doc. 2013–28406 Filed 11–26–13; 8:45 am]
BILLING CODE 4910–06–P
2 Note that FRA approvals of PSPs are published
on regulations.gov. Generally, railroads would
know of the approved PSP for a product from the
supplier of the product.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–1781–01]
RIN 0648–XC998
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
State of New Jersey
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
2013 summer flounder commercial
quota allocated to the State of New
Jersey has been harvested. Vessels
issued a commercial Federal fisheries
permit for the summer flounder fishery
may not land summer flounder in New
Jersey for the remainder of calendar year
2013, unless additional quota becomes
available through a transfer from
another state. Regulations governing the
summer flounder fishery require
publication of this notification to advise
New Jersey that the quota has been
harvested and to advise vessel permit
holders and dealer permit holders that
no Federal commercial quota is
available for landing summer flounder
in New Jersey.
DATES: Effective 1801 hours, November
27, 2013, through December 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, (978) 281–9224, or
Carly.Bari@noaa.gov.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state is
described in § 648.102.
The initial total commercial quota for
summer flounder for the 2013 fishing
year is 11,793,596 lb (5,349,575 kg) (77
FR 76942, December 31, 2012). The
percent allocated to vessels landing
summer flounder in New Jersey is
16.72499 percent, resulting in a
commercial quota of 1,972,478 lb
(894,716 kg). The 2013 allocation was
adjusted to 1,972,066 lb (894,514 kg)
after deduction of research set-aside,
adjustment for 2012 quota overages, and
SUMMARY:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
adjustments for quota transfers between
states.
The Administrator, Northeast Region,
NMFS (Regional Administrator),
monitors the state commercial landings
and determines when a state’s
commercial quota has been harvested.
NMFS is required to publish
notification in the Federal Register
advising and notifying commercial
vessels and dealer permit holders that,
effective upon a specific date, the state’s
commercial quota has been harvested
and no commercial quota is available for
landing summer flounder in that state.
The Regional Administrator has
determined, based upon dealer reports
and other available information that,
New Jersey has harvested its quota for
2013.
Section 648.4(b) provides that Federal
permit holders agree, as a condition of
the permit, not to land summer flounder
in any state that the Regional
Administrator has determined no longer
has commercial quota available.
Therefore, effective 1801 hours,
November 27, 2013, landings of summer
flounder in New Jersey by vessels
holding summer flounder commercial
Federal fisheries permits are prohibited
for the remainder of the 2013 calendar
year, unless additional quota becomes
available through a transfer and is
announced in the Federal Register.
Effective 1801 hours, November 27,
2013, federally permitted dealers are
also notified that they may not purchase
summer flounder from federally
permitted vessels that land in New
Jersey for the remainder of the calendar
year, or until additional quota becomes
available through a transfer from
another state.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest. This
action closes the summer flounder
fishery for New Jersey until January 1,
2014, under current regulations. The
regulations at § 648.103(b) require such
action to ensure that summer flounder
vessels do not exceed quotas allocated
to the states. If implementation of this
closure was delayed to solicit prior
public comment, the quota for this
fishing year will be exceeded, thereby
undermining the conservation
objectives of the Summer Flounder
Fishery Management Plan. The AA
further finds, pursuant to 5 U.S.C.
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Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations
553(d)(3), good cause to waive the 30day delayed effectiveness period for the
reason stated above.
Authority: 16 U.S.C. 1801 et seq.
70891
Dated: November 22, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–28484 Filed 11–22–13; 4:15 pm]
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]]>Agencies
[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70890-70891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28484]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111220786-1781-01]
RIN 0648-XC998
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for the State of New Jersey
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2013 summer flounder commercial quota
allocated to the State of New Jersey has been harvested. Vessels issued
a commercial Federal fisheries permit for the summer flounder fishery
may not land summer flounder in New Jersey for the remainder of
calendar year 2013, unless additional quota becomes available through a
transfer from another state. Regulations governing the summer flounder
fishery require publication of this notification to advise New Jersey
that the quota has been harvested and to advise vessel permit holders
and dealer permit holders that no Federal commercial quota is available
for landing summer flounder in New Jersey.
DATES: Effective 1801 hours, November 27, 2013, through December 31,
2013.
FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or
Carly.Bari@noaa.gov.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found at 50 CFR part 648. The regulations require annual
specification of a commercial quota that is apportioned on a percentage
basis among the coastal states from North Carolina through Maine. The
process to set the annual commercial quota and the percent allocated to
each state is described in Sec. 648.102.
The initial total commercial quota for summer flounder for the 2013
fishing year is 11,793,596 lb (5,349,575 kg) (77 FR 76942, December 31,
2012). The percent allocated to vessels landing summer flounder in New
Jersey is 16.72499 percent, resulting in a commercial quota of
1,972,478 lb (894,716 kg). The 2013 allocation was adjusted to
1,972,066 lb (894,514 kg) after deduction of research set-aside,
adjustment for 2012 quota overages, and adjustments for quota transfers
between states.
The Administrator, Northeast Region, NMFS (Regional Administrator),
monitors the state commercial landings and determines when a state's
commercial quota has been harvested. NMFS is required to publish
notification in the Federal Register advising and notifying commercial
vessels and dealer permit holders that, effective upon a specific date,
the state's commercial quota has been harvested and no commercial quota
is available for landing summer flounder in that state. The Regional
Administrator has determined, based upon dealer reports and other
available information that, New Jersey has harvested its quota for
2013.
Section 648.4(b) provides that Federal permit holders agree, as a
condition of the permit, not to land summer flounder in any state that
the Regional Administrator has determined no longer has commercial
quota available. Therefore, effective 1801 hours, November 27, 2013,
landings of summer flounder in New Jersey by vessels holding summer
flounder commercial Federal fisheries permits are prohibited for the
remainder of the 2013 calendar year, unless additional quota becomes
available through a transfer and is announced in the Federal Register.
Effective 1801 hours, November 27, 2013, federally permitted dealers
are also notified that they may not purchase summer flounder from
federally permitted vessels that land in New Jersey for the remainder
of the calendar year, or until additional quota becomes available
through a transfer from another state.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it would be contrary to the
public interest. This action closes the summer flounder fishery for New
Jersey until January 1, 2014, under current regulations. The
regulations at Sec. 648.103(b) require such action to ensure that
summer flounder vessels do not exceed quotas allocated to the states.
If implementation of this closure was delayed to solicit prior public
comment, the quota for this fishing year will be exceeded, thereby
undermining the conservation objectives of the Summer Flounder Fishery
Management Plan. The AA further finds, pursuant to 5 U.S.C.
[[Page 70891]]
553(d)(3), good cause to waive the 30-day delayed effectiveness period
for the reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 22, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-28484 Filed 11-22-13; 4:15 pm]
BILLING CODE 3510-22-P
