Control Date for the Blueline Tilefish Fishery in Waters North of the Virginia/North Carolina Border, 77312-77313 [2015-31364]
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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules
Lhorne on DSK5TPTVN1PROD with PROPOSALS
discontinuance proceedings by a date
certain?
• Should the Board require potential
offerors to make a financial
responsibility showing before requiring
carriers to provide financial information
to those offerors?
• Should the definition of financial
responsibility include the ability, based
on the price reflected in an offer of
financial assistance, to purchase and
operate for at least two years a line
being abandoned or to subsidize for one
year service being abandoned or
discontinued?
• Should the Board alter the process
for carriers to provide required financial
information to potential offerors, and if
so, how?
• Should the Board require potential
offerors to make an ‘‘earnest money’’
payment or escrow payment, or to
obtain a bond? Key considerations
include: Whether the payment or bond
amount would be a fixed figure or
established on a case by case basis; what
method would be used in calculating or
fixing the amount; when in the process
an offeror would need to make a
payment or obtain a bond; and whether
(and under what circumstances) a
waiver of such a requirement would be
appropriate.
• Should the Board prohibit OFA
filings by individuals or entities that
have abused the Board’s processes or
engaged in other deceitful or abusive
behavior before the Board, and if so,
what standards should the Board
establish in making a prohibition
determination?
Continuation of Rail Service
The Board has also adjudicated cases
in which there has been controversy as
to whether a party seeking to subsidize
or acquire a line through the OFA
process is doing so based on a genuine
interest in and ability to preserve the
line for rail service. See, e.g., Consol.
Rail Corp.—Aban. Exemption—in
Hudson Cty., N.J., AB 167 (Sub-No.
1190X), slip op. at 5 (STB served May
17, 2010) (exempting line from OFA
process despite OFA filing because
offerors failed to show cause that there
was a continued need for rail service
outweighing other concerns); Roaring
Fork R.R. Holding Auth.—Aban.
Exemption—in Garfield, Eagle, & Pitkin
Ctys., Colo., AB 547X (STB served May
21, 1999) (dismissing OFA because the
record did not provide ‘‘some assurance
that shippers are likely to make use of
the line if continued service is made
available, and that there is sufficient
traffic to enable the operator to fulfill its
commitment to provide that service’’).
The Board’s regulations do not currently
VerDate Sep<11>2014
14:50 Dec 11, 2015
Jkt 238001
address these situations; therefore, we
ask parties for ideas on how the
regulations could be modified to do so.
In particular, we ask parties to comment
on the following:
• Should the Board require that an
offeror address whether there is a
commercial need for rail service as
demonstrated by support from shippers
or receivers on the line or through other
evidence of immediate and significant
commercial need; whether there is
community support for rail service; and
whether rail service is operationally
feasible?
• Should the Board establish criteria
and deadlines for carriers that want to
file requests for exemptions from the
OFA process?
Identity of the Offeror
Another issue the Board has
encountered in OFA proceedings is
confusion over the identity of the
potential offeror. See CSX Transp.
Inc.—Aban. Exemption—in Allegany
Cty., Md., AB 55 (Sub-No. 659X), slip
op. at 1 n.2 (STB served April 24, 2008)
(describing confusion over proper name
and existence of entity that filed OFA in
2005 but may not have been a legal
entity until 2007 or the correct legal
entity to receive deed for rail line). In
order to avoid such confusion in future
proceedings, we ask the parties to
comment on the following:
• Should the Board require multiple
parties intending to submit a joint OFA
to do so through a single legal entity,
such as a corporation or partnership, to
facilitate the financial responsibility
determination and to clarify the party
acquiring the common carrier
obligation?
• Should the Board require an
individual filing an OFA to provide his
or her personal address?
• Should the Board require a private
legal entity filing an OFA to provide the
offeror’s exact legal name, the state
under whose laws it is organized, and
the address of its principal place of
business?
Because this is an Advanced Notice of
Proposed Rulemaking, the Board may
not act on each item listed above, but
we seek the public’s comment on these
ideas, including how they could best be
implemented, if appropriate. Parties are
encouraged to be specific in
commenting on these possible changes
and in presenting ideas for other
possible changes to the OFA process.
The requirements of section 603 of the
Regulatory Flexibility Act of 1980, 5
U.S.C. 601–612, (RFA) do not apply to
this action because, at this stage, it is an
ANPRM and not a ‘‘rule’’ as defined in
section 601 of the RFA. Under the RFA,
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Frm 00036
Fmt 4702
Sfmt 4702
however, the Board must consider
whether a proposed rule would have a
significant economic impact on a
substantial number of small entities.
‘‘Small entities’’ include small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations under 50,000. If
adoption of any rule likely to result
from this ANPRM could have a
significant economic impact on a small
entity within the meaning of the RFA,
commenters should submit as part of
their comments an explanation of how
the business or organization falls within
the definition of a small entity, and how
and to what extent the commenter’s
business or organization could be
affected. Following review of the
comments received in response to this
ANPRM, if the Board promulgates a
notice of proposed rulemaking regarding
this matter, it will conduct the requisite
analysis under the RFA.
It is ordered:
1. Initial comments are due by
February 12, 2016.
2. Reply comments are due by March
14, 2016.
3. This decision is effective on its date
of service.
By the Board, Chairman Elliott, Vice
Chairman Begeman, and Commissioner
Miller.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2015–31347 Filed 12–11–15; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151204999–5999–01]
RIN 0648–BF45
Control Date for the Blueline Tilefish
Fishery in Waters North of the Virginia/
North Carolina Border
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking (ANPR); request for
comments.
AGENCY:
This document announces a
control date that may limit or restrict
access to the blueline tilefish fishery in
Federal waters north of the Virginia/
North Carolina border. This action is
SUMMARY:
E:\FR\FM\14DEP1.SGM
14DEP1
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules
necessary to inform fishery participants
that we are considering future action.
We intend for this document to promote
awareness of possible future
rulemaking, and discourage speculative
entry into and/or investment in the MidAtlantic blueline tilefish fishery.
DATES: December 14, 2015, is
established as the ‘‘control date’’ for the
blueline tilefish fishery, and may be
used as a reference date for future
management measures related to the
blueline tilefish fishery in Federal
waters north of the Virginia/North
Carolina border, consistent with
applicable Federal laws and the MidAtlantic Fishery Management Council’s
recommendations. Written comments
must be received on or before February
12, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2015–0139 by any of the
following methods:
D Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150139, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
D Mail: Submit written comments to
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
Blueline Tilefish Control Date.’’
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered.
We may not consider comments sent by
any other method, to any other address
or individual, or received after the end
of the comment period. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.)
submitted voluntarily by the sender will
be publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. We will accept anonymous
comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
NMFS, 978–281–9341, or Christopher
VerDate Sep<11>2014
14:50 Dec 11, 2015
Jkt 238001
M. Moore, Ph.D., Executive Director,
Mid-Atlantic Fishery Management
Council, 302–526–5255.
SUPPLEMENTARY INFORMATION: The
fishery for blueline tilefish (Caulolatilus
microps), also known as grey tilefish, in
Federal waters north of the Virginia/
North Carolina border has, until earlier
this year, been unregulated, and
historically had very low landings.
Landings have increased in recent years.
The fishery south of this line is
managed by the South Atlantic Fishery
Management Council as part of the
Snapper-Grouper Fishery Management
Plan (FMP).
In 2014, new restrictions on harvest in
the South Atlantic led to a rapid, 20-fold
increase in unregulated landings of
blueline tilefish caught north of the
Virginia/North Carolina border. This
spike in landings prompted the MidAtlantic Fishery Management Council to
request that we take emergency action to
prevent long-term harm to the stock. On
June 4, 2015, we published an
emergency rule (80 FR 31864) to
temporarily restrict harvest of this
species in the Mid-Atlantic.
Subsequently, the Mid-Atlantic Council
initiated an amendment to the Golden
Tilefish FMP to establish management
measures for blueline tilefish within its
jurisdiction with the intention of having
new management measures in place
before NMFS’s emergency rule authority
would expire. This would avoid a return
to an unregulated fishery.
Due to the limited time to implement
new management measures, the MidAtlantic Council is not considering a
limited access program in the current
FMP amendment under development.
However, the Mid-Atlantic Council has
expressed interest in potentially
developing such a program in a future
action. At its October 2015 meeting, the
Mid-Atlantic Council voted to request
that we publish a control date in the
Federal Register that may be used to
affect future participation in all sectors
of the blueline tilefish fishery in Federal
waters. The Council’s discussions
clarified that it is the Council’s intent
that this control date apply to all forms
of fishing that have caught and landed
blueline tilefish, including: Commercial
fishing vessels; party/charter vessels
that take recreational anglers for hire; as
well as private recreational vessels.
However, NMFS has no current
information that could be used to
distinguish private angler participation
PO 00000
Frm 00037
Fmt 4702
Sfmt 9990
77313
in this fishery before and after a control
date. Therefore, such a control date
would not provide meaningful
notification or guidance to private
recreational anglers.
Therefore, this notification establishes
December 14, 2015, as a control date for
potential use in determining historical
or traditional participation for the
commercial and for-hire recreational
sectors of the blueline tilefish fishery.
Establishing a control date does not
commit us or the Council to develop
any particular management program or
criteria for participation in this fishery.
We may choose a different control date
or may choose a management program
that does not make use of such a date.
We may also choose to take no further
action to control entry or access to the
blueline tilefish fishery. Any future
action we take will be pursuant to the
Magnuson-Stevens Fishery
Conservation and Management Act, will
be discussed at Council meetings, and
will have additional Federal
rulemaking, including opportunity for
public comment.
This notification gives the public
notice that interested commercial and
for-hire blueline tilefish fishery
participants should locate and preserve
records that substantiate and verify their
participation in the fishery, such as:
Dealer purchase slips for commercial
fishing trips; Fishing Vessel Trip
Reports for both commercial and party/
charter vessels; or any other relevant
documents. There is no precedent in the
Greater Atlantic Region for a limited
access program that applies to party/
charter or private recreational vessels. In
light of the novelty of this aspect of the
Council’s control date request, we
encourage the public to comment on
whether limited access for party/charter
and private recreational anglers is
needed in the blueline tilefish fishery,
and, if so, what sort of qualification
criteria might be considered by the
Council. This notification and control
date do not impose any legal
obligations, requirements, or
expectation.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 8, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015–31364 Filed 12–11–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\14DEP1.SGM
14DEP1
]]>Agencies
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Proposed Rules]
[Pages 77312-77313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31364]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151204999-5999-01]
RIN 0648-BF45
Control Date for the Blueline Tilefish Fishery in Waters North of
the Virginia/North Carolina Border
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
-----------------------------------------------------------------------
SUMMARY: This document announces a control date that may limit or
restrict access to the blueline tilefish fishery in Federal waters
north of the Virginia/North Carolina border. This action is
[[Page 77313]]
necessary to inform fishery participants that we are considering future
action. We intend for this document to promote awareness of possible
future rulemaking, and discourage speculative entry into and/or
investment in the Mid-Atlantic blueline tilefish fishery.
DATES: December 14, 2015, is established as the ``control date'' for
the blueline tilefish fishery, and may be used as a reference date for
future management measures related to the blueline tilefish fishery in
Federal waters north of the Virginia/North Carolina border, consistent
with applicable Federal laws and the Mid-Atlantic Fishery Management
Council's recommendations. Written comments must be received on or
before February 12, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0139 by any of the following methods:
[ssquf] Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0139, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
[ssquf] Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on Blueline Tilefish Control Date.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered. We may not consider comments sent by any other method, to
any other address or individual, or received after the end of the
comment period. All comments received are a part of the public record
and will generally be posted for public viewing on www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information, or
otherwise sensitive or protected information. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
NMFS, 978-281-9341, or Christopher M. Moore, Ph.D., Executive Director,
Mid-Atlantic Fishery Management Council, 302-526-5255.
SUPPLEMENTARY INFORMATION: The fishery for blueline tilefish
(Caulolatilus microps), also known as grey tilefish, in Federal waters
north of the Virginia/North Carolina border has, until earlier this
year, been unregulated, and historically had very low landings.
Landings have increased in recent years. The fishery south of this line
is managed by the South Atlantic Fishery Management Council as part of
the Snapper-Grouper Fishery Management Plan (FMP).
In 2014, new restrictions on harvest in the South Atlantic led to a
rapid, 20-fold increase in unregulated landings of blueline tilefish
caught north of the Virginia/North Carolina border. This spike in
landings prompted the Mid-Atlantic Fishery Management Council to
request that we take emergency action to prevent long-term harm to the
stock. On June 4, 2015, we published an emergency rule (80 FR 31864) to
temporarily restrict harvest of this species in the Mid-Atlantic.
Subsequently, the Mid-Atlantic Council initiated an amendment to the
Golden Tilefish FMP to establish management measures for blueline
tilefish within its jurisdiction with the intention of having new
management measures in place before NMFS's emergency rule authority
would expire. This would avoid a return to an unregulated fishery.
Due to the limited time to implement new management measures, the
Mid-Atlantic Council is not considering a limited access program in the
current FMP amendment under development. However, the Mid-Atlantic
Council has expressed interest in potentially developing such a program
in a future action. At its October 2015 meeting, the Mid-Atlantic
Council voted to request that we publish a control date in the Federal
Register that may be used to affect future participation in all sectors
of the blueline tilefish fishery in Federal waters. The Council's
discussions clarified that it is the Council's intent that this control
date apply to all forms of fishing that have caught and landed blueline
tilefish, including: Commercial fishing vessels; party/charter vessels
that take recreational anglers for hire; as well as private
recreational vessels. However, NMFS has no current information that
could be used to distinguish private angler participation in this
fishery before and after a control date. Therefore, such a control date
would not provide meaningful notification or guidance to private
recreational anglers.
Therefore, this notification establishes December 14, 2015, as a
control date for potential use in determining historical or traditional
participation for the commercial and for-hire recreational sectors of
the blueline tilefish fishery. Establishing a control date does not
commit us or the Council to develop any particular management program
or criteria for participation in this fishery. We may choose a
different control date or may choose a management program that does not
make use of such a date. We may also choose to take no further action
to control entry or access to the blueline tilefish fishery. Any future
action we take will be pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, will be discussed at Council meetings,
and will have additional Federal rulemaking, including opportunity for
public comment.
This notification gives the public notice that interested
commercial and for-hire blueline tilefish fishery participants should
locate and preserve records that substantiate and verify their
participation in the fishery, such as: Dealer purchase slips for
commercial fishing trips; Fishing Vessel Trip Reports for both
commercial and party/charter vessels; or any other relevant documents.
There is no precedent in the Greater Atlantic Region for a limited
access program that applies to party/charter or private recreational
vessels. In light of the novelty of this aspect of the Council's
control date request, we encourage the public to comment on whether
limited access for party/charter and private recreational anglers is
needed in the blueline tilefish fishery, and, if so, what sort of
qualification criteria might be considered by the Council. This
notification and control date do not impose any legal obligations,
requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 8, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-31364 Filed 12-11-15; 8:45 am]
BILLING CODE 3510-22-P
