Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for King Mackerel in Western Zone of the Gulf of Mexico, 71973-71974 [2015-29475]
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Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations
with the HEU exclusively through the digital
communications cable and not via a radio
signal, it does not need to perform the
function of venting the brake pipe to
atmospheric pressure to engage an emergency
brake application. However, ECP–EOT
devices do verify the integrity of the train
line cable and provide a means of monitoring
the brake pipe pressure and gradient,
providing the basis for an automatic—rather
than engineer commanded—response if the
system is not adequately charged. In the case
of ECP brakes, the brake pipe becomes a
redundant—rather than primary—path for
sending emergency brake application
commands. Under certain communication
break downs between the ECP–EOT device,
the HEU, and any number of CCDs, the
system will self-initiate an emergency brake
application.
Id. Section 232.613 requires the ECP–
EOT device to send a beacon every
second from the rear unit of the train to
the controlling locomotive. The EOT
beacon works as a kind of fail-safe. It
functions virtually identically to the
radio signal of a conventional two-way
EOT device with one important
exception: if the EOT Beacon is lost for
six seconds on a train operated in ECP
brake mode, then the train goes into
penalty brake application, which will
brake all cars in the train
simultaneously. In contrast, a two-way
EOT device may lose communication
for up to 16 minutes, 30 seconds, at
which point the train speed must be
reduced to 30 mph.
Based on these factors, PHMSA and
FRA conclude that the ECP brake
component of the final rule complies
with the requirements of 49 U.S.C.
20141. AAR should be aware that
HHFUTs operating in ECP brake mode
must have an ECP–EOT or an
appropriate alternative, such as an ECPequipped locomotive, at the rear of the
train. This requirement is consistent
with FRA’s ECP brake regulations at
part 232, subpart G.
For the above reasons, AAR’s appeal
to eliminate the new ECP brake standard
of the final rule is denied.
wgreen on DSK2VPTVN1PROD with RULES
PHMSA denies the appellants’
(DGAC, ACC, AAR, AFPM, and Treaty
Tribes) appeals on Scope of
Rulemaking, Tribal Impacts and
Consultation, Retrofit Timeline and
Tank Car Reporting Requirements,
Thermal Protection for Tank Cars, and
Advanced Brake Signal Propagation
Systems. We conclude we reasonably
determined how to apply new
regulations and provided the regulatory
analysis to support those decisions.
While we understand that shippers,
carriers, and tank car manufacturers for
Class 3 flammable liquids will face new
14:36 Nov 17, 2015
Issued in Washington, DC on November 5,
2015.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2015–28774 Filed 11–17–15; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
III. Summary
VerDate Sep<11>2014
challenges in the wake of these
regulations, we maintain that they are
capable of complying with the final
rule.
We also deny DGAC’s appeal to
eliminate or provide further guidance
for the Sampling and Testing program.
The sampling and testing program is
reasonable, justified, necessary, and
clear as written. Additionally, we
disagree that a delayed compliance date
of March 31, 2016 should be provided
for implementation of the requirements
in § 173.41 for shippers to implement
changes for training and documentation.
With respect to Information Sharing/
Notification, PHMSA announced in a
May 28, 2015, notice that it would
extend the Emergency Order applicable
to the topic of Information Sharing/
Notification indefinitely, while it
considered options for codifying the
disclosure requirement permanently.
Furthermore, on July 22, 2015, FRA
issued a public letter instructing
railroads transporting crude oil that they
must continue to notify SERCs of the
expected movement of Bakken crude oil
trains through individual States. While
the treaty tribes and other stakeholders
will have the opportunity to comment
on these future regulatory proposals in
the course of that rulemaking
proceeding, PHMSA will continue to
seek opportunities to reach out to the
tribes and consultation from tribal
leaders.
Jkt 238001
[Docket No. 101206604–1758–02]
RIN 0648–XE290
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2015–2016 Accountability
Measure and Closure for King
Mackerel in Western Zone of the Gulf
of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
71973
NMFS implements an
accountability measure (AM) for
commercial king mackerel in the
western zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ)
through this temporary final rule. NMFS
has determined that the commercial
quota for king mackerel in the western
zone of the Gulf EEZ will be reached by
November 17, 2015. Therefore, NMFS
closes the western zone of the Gulf EEZ
to commercial king mackerel fishing on
November 17, 2015. This closure is
necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective at noon,
local time, November 17, 2015, until
12:01 a.m., local time, on July 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial quota for the Gulf
migratory group king mackerel in the
western zone is 1,071,360 lb (485,961
kg) (76 FR 82058, December 29, 2011),
for the current fishing year, July 1, 2015,
through June 30, 2016.
Regulations at 50 CFR 622.388(a)(1)
require NMFS to close the commercial
sector for Gulf migratory group king
mackerel in the western zone when the
quota is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. Based on the best scientific
information available, NMFS has
determined the commercial quota of
1,071,360 lb (485,961 kg) for Gulf
migratory group king mackerel in the
western zone will be reached by
November 17, 2015. Accordingly, the
western zone is closed to commercial
fishing for Gulf migratory group king
mackerel effective at noon, local time,
November 17, 2015, through June 30,
2016, the end of the current fishing year.
The western zone of Gulf migratory
group king mackerel is that part of the
EEZ between a line extending east from
the border of the United States and
Mexico and 87°31.1’ W. longitude,
SUMMARY:
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71974
Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Rules and Regulations
wgreen on DSK2VPTVN1PROD with RULES
which is a line directly south from the
state boundary of Alabama and Florida.
Except for a person aboard a charter
vessel or headboat, during the closure
no person aboard a vessel that has been
issued a commercial permit for king
mackerel may fish for or retain Gulf
migratory group king mackerel in the
EEZ in the closed zone (50 CFR
622.384(e)(1)). A person aboard a vessel
that has a valid charter vessel/headboat
permit for coastal migratory pelagic fish
may continue to retain king mackerel in
or from the closed zone under the bag
and possession limits set forth in 50
CFR 622.382(a)(1)(ii) and (a)(2),
provided the vessel is operating as a
charter vessel or headboat (50 CFR
622.384(e)(2)). A charter vessel or
headboat that also has a commercial
king mackerel permit is considered to be
operating as a charter vessel or headboat
when it carries a passenger who pays a
fee or when there are more than three
persons aboard, including operator and
crew.
During the closure, king mackerel
from the closed zone, including those
harvested under the bag and possession
limits, may not be purchased or sold.
This prohibition does not apply to king
mackerel from the closed zone that were
harvested, landed ashore, and sold prior
to the closure and were held in cold
storage by a dealer or processor (50 CFR
622.384(e)(3)).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf migratory group
king mackerel and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.388(a)(1) and 622.384(e), and is
exempt from review under Executive
Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive
the requirements 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 procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the commercial quota and
the associated requirement for closure of
the commercial harvest when the quota
VerDate Sep<11>2014
14:36 Nov 17, 2015
Jkt 238001
is reached or is projected to be reached
has already been subject to notice and
public comment, and all that remains is
to notify the public of the closure.
Additionally, allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the king mackerel
stock, because the capacity of the
fishing fleet allows for rapid harvest of
the quota. Prior notice and opportunity
for public comment would require time
and could potentially result in a harvest
well in excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 13, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–29475 Filed 11–13–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
RIN 0648–XE316
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification that Northeast
Distant gear restricted area (NED) quota
is filled.
AGENCY:
NMFS announces that the 25mt quota available for Atlantic bluefin
tuna bycatch (including landings and
dead discards) by the Longline category
in the Northeast Distant gear restricted
area (NED) was filled on November 12,
2015. NMFS reminds vessels fishing in
the NED that they now must account for
any bluefin bycatch retained or
discarded dead using IBQ allocation
available to the vessel and that any
quota debt remaining at the end of 2015
will carry over to 2016.
DATES: Effective November 18, 2015.
FOR FURTHER INFORMATION CONTACT: Tom
Warren or Brad McHale, 978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
SUMMARY:
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Fmt 4700
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Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of bluefin
tuna by persons and vessels subject to
U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the
U.S. bluefin tuna quota recommended
by the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014).
The U.S. bluefin tuna annual quota
from the International Commission for
the Conservation of Atlantic Tunas
(ICCAT) includes, as in previous years,
a 25-mt set-aside for bluefin tuna
bycatch related to longline fisheries
operating in the vicinity of the ICCAT
management area boundary. See ICCAT
Recommendation 14–05; and 80 FR
52198, (August 28, 2015) (implementing
the quota domestically). For
management and monitoring purposes,
NMFS implements this set-aside in the
NED gear restricted area as quota
available to Atlantic Longline category
permitted vessels. Longline is not a
permitted gear for directed fishing on
bluefin tuna; any catch must be
incidental to fishing for other species.
Accounting for this bycatch includes all
catch (landings and dead discards). The
NED is the Atlantic Ocean area bounded
by straight lines connecting the
following coordinates in the order
stated: 35°00′ N. lat., 60°00′ W. long.;
55°00′ N. lat., 60°00′ W. long.; 55°00′ N.
lat., 20°00′ W. long.; 35°00′ N. lat.,
20°00′ W. long.; 35°00′ N. lat., 60°00′ W.
long.
The IBQ Program and the Northeast
Distant Area (NED)
Under Amendment 7 (79 FR 71510,
December 2, 2014), new rules were
implemented for Longline category
vessels fishing in the NED. See 50 CFR
635.15(b)(8). Any bluefin tuna bycatch
by permitted vessels fishing with
pelagic longline gear in the NED counts
toward the ICCAT-allocated separate
NED quota (25 mt), until that quota has
been filled. During that period, the
bluefin tuna accounting requirements of
the IBQ Program do not apply to those
vessels. Once the NED quota is filled,
Longline category permitted vessels may
fish or continue to fish in the NED, but
the permitted vessels must then abide
by the applicable requirements of the
IBQ program, which requires individual
E:\FR\FM\18NOR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71973-71974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29475]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XE290
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
South Atlantic; 2015-2016 Accountability Measure and Closure for King
Mackerel in Western Zone of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for commercial
king mackerel in the western zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) through this temporary final rule. NMFS
has determined that the commercial quota for king mackerel in the
western zone of the Gulf EEZ will be reached by November 17, 2015.
Therefore, NMFS closes the western zone of the Gulf EEZ to commercial
king mackerel fishing on November 17, 2015. This closure is necessary
to protect the Gulf king mackerel resource.
DATES: The closure is effective at noon, local time, November 17, 2015,
until 12:01 a.m., local time, on July 1, 2016.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: susan.gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, and cobia) is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils
(Councils) and is implemented by NMFS under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
The commercial quota for the Gulf migratory group king mackerel in
the western zone is 1,071,360 lb (485,961 kg) (76 FR 82058, December
29, 2011), for the current fishing year, July 1, 2015, through June 30,
2016.
Regulations at 50 CFR 622.388(a)(1) require NMFS to close the
commercial sector for Gulf migratory group king mackerel in the western
zone when the quota is reached, or is projected to be reached, by
filing a notification to that effect with the Office of the Federal
Register. Based on the best scientific information available, NMFS has
determined the commercial quota of 1,071,360 lb (485,961 kg) for Gulf
migratory group king mackerel in the western zone will be reached by
November 17, 2015. Accordingly, the western zone is closed to
commercial fishing for Gulf migratory group king mackerel effective at
noon, local time, November 17, 2015, through June 30, 2016, the end of
the current fishing year. The western zone of Gulf migratory group king
mackerel is that part of the EEZ between a line extending east from the
border of the United States and Mexico and 87[deg]31.1' W. longitude,
[[Page 71974]]
which is a line directly south from the state boundary of Alabama and
Florida.
Except for a person aboard a charter vessel or headboat, during the
closure no person aboard a vessel that has been issued a commercial
permit for king mackerel may fish for or retain Gulf migratory group
king mackerel in the EEZ in the closed zone (50 CFR 622.384(e)(1)). A
person aboard a vessel that has a valid charter vessel/headboat permit
for coastal migratory pelagic fish may continue to retain king mackerel
in or from the closed zone under the bag and possession limits set
forth in 50 CFR 622.382(a)(1)(ii) and (a)(2), provided the vessel is
operating as a charter vessel or headboat (50 CFR 622.384(e)(2)). A
charter vessel or headboat that also has a commercial king mackerel
permit is considered to be operating as a charter vessel or headboat
when it carries a passenger who pays a fee or when there are more than
three persons aboard, including operator and crew.
During the closure, king mackerel from the closed zone, including
those harvested under the bag and possession limits, may not be
purchased or sold. This prohibition does not apply to king mackerel
from the closed zone that were harvested, landed ashore, and sold prior
to the closure and were held in cold storage by a dealer or processor
(50 CFR 622.384(e)(3)).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.388(a)(1) and 622.384(e), and
is exempt from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause
to waive the requirements 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 procedures are unnecessary and contrary to the public
interest. Such procedures are unnecessary because the rule implementing
the commercial quota and the associated requirement for closure of the
commercial harvest when the quota is reached or is projected to be
reached has already been subject to notice and public comment, and all
that remains is to notify the public of the closure. Additionally,
allowing prior notice and opportunity for public comment is contrary to
the public interest because of the need to immediately implement this
action to protect the king mackerel stock, because the capacity of the
fishing fleet allows for rapid harvest of the quota. Prior notice and
opportunity for public comment would require time and could potentially
result in a harvest well in excess of the established quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 13, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-29475 Filed 11-13-15; 4:15 pm]
BILLING CODE 3510-22-P
