Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey, 70890-70891 [2013-28484]

Download as PDF 70890 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. emcdonald on DSK67QTVN1PROD with RULES 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. VerDate Mar<15>2010 16:16 Nov 26, 2013 Jkt 232001 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. E:\FR\FM\27NOR1.SGM 27NOR1 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] emcdonald on DSK67QTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 16:16 Nov 26, 2013 Jkt 232001 PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 E:\FR\FM\27NOR1.SGM 27NOR1

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]


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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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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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