Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship North Access Area to General Category Individual Fishing Quota Scallop Vessels, 39590-39591 [2016-14403]
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Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations
The Agency has determined that it is
not a ‘‘significant energy action’’ under
that order because it is not a ‘‘significant
regulatory action’’ likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
it does not require a Statement of Energy
Effects.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would not have a substantial direct
effect on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
ehiers on DSK5VPTVN1PROD with RULES
National Technology Transfer and
Advancement Act (Technical
Standards)
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. FMCSA does not intend to adopt
its own technical standard, thus there is
no need to submit a separate statement
to OMB on this matter. The standard
being incorporated in this final rule is
discussed in detail in section IV,
Background, and is reasonably available
through the CVSA Web site.
Environment (NEPA, CAA,
Environmental Justice)
FMCSA analyzed this rule for the
purpose of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and determined this action is
categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement under
FMCSA Order 5610.1(69 FR 9680,
March 1, 2004), Appendix 2, paragraph
(6)(b). This Categorical Exclusion (CE)
covers minor revisions to regulations.
The content in this rule is covered by
this CE and the final action does not
have any effect on the quality of the
environment. The CE determination is
available for inspection or copying in
VerDate Sep<11>2014
15:07 Jun 16, 2016
Jkt 238001
the Regulations.gov Web site listed
under ADDRESSES.
FMCSA also analyzed this rule under
the Clean Air Act, as amended (CAA),
section 176(c) (42 U.S.C. 7401 et seq.),
and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
Under E.O. 12898, each Federal
agency must identify and address, as
appropriate, ‘‘disproportionately high
and adverse human health or
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policies, and activities on minority
populations and low-income
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determined that this rule has no
environmental justice implications, nor
does its promulgation cause any
collective environmental impact.
List of Subjects in 49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing,
FMCSA is amending 49 CFR chapter III,
part 385, as set forth below:
PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
is revised to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 13901–13905, 31133, 31135,
31136, 31137, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311; Sec. 408, Pub. L.
104–88 109 Stat. 803, 958 Sec. 350 of Pub.
L. 107–87; and 49 CFR 1.87.
■
2. Revise § 385.4(b) to read as follows:
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(b) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403,’’ April 1, 2016;
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
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Issued under authority delegated in 49 CFR
1.87 on: June 10, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016–14245 Filed 6–16–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151210999–6348–02]
RIN 0648–XE681
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Closure of the Nantucket Lightship
North Access Area to General
Category Individual Fishing Quota
Scallop Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
Nantucket Lightship North Scallop
Access Area will close to Limited
Access General Category Individual
Fishing Quota scallop vessels for the
remainder of the 2016 fishing year as of
the effective date below. No vessel
issued a Limited Access General
Category Individual Fishing Quota
permit may fish for, possess, or land
scallops from the Nantucket Lightship
North Scallop Access Area. Regulations
require this action once it is projected
that 100 percent of trips allocated to the
Limited Access General Category
Individual Fishing Quota scallop vessels
for the Nantucket Lightship North
Scallop Access Area will be taken.
DATES: Effective 0001 hr local time, June
16, 2016, through February 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas can be
found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels
issued a valid Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) scallop permit to fish in the
Nantucket Lightship North Scallop
Access Area under specific conditions,
including a total of 485 trips that may
be taken during the 2016 fishing year.
Section 648.60(g)(3)(iii) requires the
Nantucket Lightship North Scallop
SUMMARY:
E:\FR\FM\17JNR1.SGM
17JNR1
Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations
ehiers on DSK5VPTVN1PROD with RULES
Access Area to be closed to LAGC IFQ
permitted vessels for the remainder of
the fishing year once the NMFS Greater
Atlantic Regional Administrator
determines that the allowed number of
trips for fishing year 2016 are projected
to be taken.
Based on trip declarations by LAGC
IFQ scallop vessels fishing in the
Nantucket Lightship North Scallop
Access Area, analysis of fishing effort,
and other information, NMFS projects
that 485 trips will be taken as of June
16, 2016. Therefore, in accordance with
§ 648.60(g)(3)(iii), NMFS is closing the
Nantucket Lightship North Scallop
Access Area to all LAGC IFQ scallop
vessels as of June 16, 2016. No vessel
issued an LAGC IFQ permit may fish
for, possess, or land scallops in or from
the Nantucket Lightship North Scallop
Access Area after 0001 local time, June
16, 2016. Any LAGC IFQ vessel that has
declared into the Nantucket Lightship
North Access Area scallop fishery,
complied with all trip notification and
observer requirements, and crossed the
VMS demarcation line on the way to the
area before 0001, June 16, 2016, may
complete its trip without being subject
to this closure. This closure is in effect
for the remainder of the 2016 scallop
fishing year.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866. NMFS 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 and impracticable. The
Nantucket Lightship North Scallop
Access Area opened for the 2016 fishing
year on May 4, 2016. The regulations at
§ 648.60(g)(3)(iii) require this closure to
ensure that LAGC IFQ scallop vessels do
not take more than their allocated
number of trips in the Nantucket
Lightship North Scallop Access Area.
The projections of the date on which the
LAGC IFQ fleet will have taken all of its
allocated trips in an Access Area
become apparent only as trips into the
area occur on a real-time basis and as
activity trends begin to appear. As a
result, NMFS can only make an accurate
projection very close in time to when
the fleet has taken all of its trips. In
order to propose a closure for purposes
of receiving prior public comment,
NMFS would need to make a projection
based on very little information, which
would result in a closure too early or too
late. To allow LAGC IFQ scallop vessels
to continue to take trips in the
Nantucket Lightship North Scallop
Access Area during the period necessary
VerDate Sep<11>2014
15:07 Jun 16, 2016
Jkt 238001
to publish and receive comments on a
proposed rule would likely result in
vessels taking much more than the
allowed number of trips in the
Nantucket Lightship North Scallop
Access Area. Excessive trips and harvest
from the Nantucket Lightship North
Scallop Access Area would result in
excessive fishing effort in the area,
where effort controls are critical,
thereby undermining conservation
objectives of the Atlantic Sea Scallop
Fishery Management Plan and requiring
more restrictive future management
measures. Also, the public had prior
notice and full opportunity to comment
on this closure process when we put
these provisions in place. For these
same reasons, NMFS further finds,
pursuant to 5 U.S.C. 553(d)(3), good
cause to waive the 30-day delayed
effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–14403 Filed 6–14–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160609505–6505–01]
RIN 0648–BG07
Fisheries of the Northeastern United
States; Blueline Tilefish Fishery;
Secretarial Interim Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures; request for comments.
AGENCY:
This temporary rule
implements possession limits and
permit requirements for the commercial
and recreational blueline tilefish
fisheries in waters north of the Virginia/
North Carolina border. These interim
management measures are necessary to
prevent a return to an unregulated
fishery which could result in
overfishing and to temporarily constrain
fishing effort on the blueline tilefish
stock while a long-term management
plan is implemented. These measures
are expected to constrain fishing
mortality and help ensure the long-term
sustainability of the stock, while
potentially preventing overfishing.
SUMMARY:
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39591
Effective June 17, 2016, through
December 14, 2016. Comments must be
received on or before July 18, 2016.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2016–0063,
by either of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160063, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments on
Blueline Tilefish Interim Measures.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. 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.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Copies of the Environmental
Assessment and Regulatory Impact
Review (EA/RIR), Supplemental
Information Report (SIR), and other
supporting documents for these interim
measures are available from John K.
Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive,
Gloucester, MA 01930. The EA/RIR and
SIR are also accessible via the internet
at:
www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
(978) 281–9341.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Blueline tilefish (Caulolatilus
microps) are mainly distributed in
Atlantic waters off the eastern United
States, and have been managed as part
of the South Atlantic Fishery
Management Council’s Snapper Grouper
Fishery Management Plan (FMP).
However, South Atlantic management
measures do not apply to vessels fishing
for blueline tilefish north of the South
Atlantic Council’s jurisdiction (which
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Rules and Regulations]
[Pages 39590-39591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14403]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151210999-6348-02]
RIN 0648-XE681
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Closure of the Nantucket Lightship North Access Area to
General Category Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Nantucket Lightship North Scallop
Access Area will close to Limited Access General Category Individual
Fishing Quota scallop vessels for the remainder of the 2016 fishing
year as of the effective date below. No vessel issued a Limited Access
General Category Individual Fishing Quota permit may fish for, possess,
or land scallops from the Nantucket Lightship North Scallop Access
Area. Regulations require this action once it is projected that 100
percent of trips allocated to the Limited Access General Category
Individual Fishing Quota scallop vessels for the Nantucket Lightship
North Scallop Access Area will be taken.
DATES: Effective 0001 hr local time, June 16, 2016, through February
28, 2017.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management
Specialist, (978) 282-8456.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels issued a valid Limited Access
General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit
to fish in the Nantucket Lightship North Scallop Access Area under
specific conditions, including a total of 485 trips that may be taken
during the 2016 fishing year. Section 648.60(g)(3)(iii) requires the
Nantucket Lightship North Scallop
[[Page 39591]]
Access Area to be closed to LAGC IFQ permitted vessels for the
remainder of the fishing year once the NMFS Greater Atlantic Regional
Administrator determines that the allowed number of trips for fishing
year 2016 are projected to be taken.
Based on trip declarations by LAGC IFQ scallop vessels fishing in
the Nantucket Lightship North Scallop Access Area, analysis of fishing
effort, and other information, NMFS projects that 485 trips will be
taken as of June 16, 2016. Therefore, in accordance with Sec.
648.60(g)(3)(iii), NMFS is closing the Nantucket Lightship North
Scallop Access Area to all LAGC IFQ scallop vessels as of June 16,
2016. No vessel issued an LAGC IFQ permit may fish for, possess, or
land scallops in or from the Nantucket Lightship North Scallop Access
Area after 0001 local time, June 16, 2016. Any LAGC IFQ vessel that has
declared into the Nantucket Lightship North Access Area scallop
fishery, complied with all trip notification and observer requirements,
and crossed the VMS demarcation line on the way to the area before
0001, June 16, 2016, may complete its trip without being subject to
this closure. This closure is in effect for the remainder of the 2016
scallop fishing year.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866. NMFS 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 and
impracticable. The Nantucket Lightship North Scallop Access Area opened
for the 2016 fishing year on May 4, 2016. The regulations at Sec.
648.60(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop
vessels do not take more than their allocated number of trips in the
Nantucket Lightship North Scallop Access Area. The projections of the
date on which the LAGC IFQ fleet will have taken all of its allocated
trips in an Access Area become apparent only as trips into the area
occur on a real-time basis and as activity trends begin to appear. As a
result, NMFS can only make an accurate projection very close in time to
when the fleet has taken all of its trips. In order to propose a
closure for purposes of receiving prior public comment, NMFS would need
to make a projection based on very little information, which would
result in a closure too early or too late. To allow LAGC IFQ scallop
vessels to continue to take trips in the Nantucket Lightship North
Scallop Access Area during the period necessary to publish and receive
comments on a proposed rule would likely result in vessels taking much
more than the allowed number of trips in the Nantucket Lightship North
Scallop Access Area. Excessive trips and harvest from the Nantucket
Lightship North Scallop Access Area would result in excessive fishing
effort in the area, where effort controls are critical, thereby
undermining conservation objectives of the Atlantic Sea Scallop Fishery
Management Plan and requiring more restrictive future management
measures. Also, the public had prior notice and full opportunity to
comment on this closure process when we put these provisions in place.
For these same reasons, NMFS further finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the 30-day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-14403 Filed 6-14-16; 4:15 pm]
BILLING CODE 3510-22-P
