Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfers, 85904-85905 [2016-28658]
Download as PDF
85904
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Rules and Regulations
The Board explained that the proposed
regulations would specify procedures
related to dispute resolution of certain
passenger rail transportation matters by
the Board and do not mandate or
circumscribe the conduct of small
entities. The Board further noted that if
a party wishing to utilize the proposed
procedures files a complaint, petition,
application, or request for dispute
resolution, that entity will not
encounter any additional burden and
that, rather, the procedures are being
updated and clarified by the regulations.
The NPR was served upon the Chief
Counsel for Advocacy, Office of
Advocacy, U.S. Small Business
Administration.
The final rules adopted here make
slight modifications to the proposed
rule, but the same basis for the Board’s
certification of the proposed rule
applies to the final rules adopted here.
The modification adopted in the final
rule refines the proposed rule by
clarifying the circumstances under
which the informal process for seeking
Board assistance in pursuing
professional mediation services will be
available. Therefore, the Board certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small entities
as defined by the RFA. A copy of this
decision will be served upon the Chief
Counsel for Advocacy, Office of
Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
List of Subjects in 49 CFR Part 1109
jstallworth on DSK7TPTVN1PROD with RULES
Administrative practice and
procedure, Maritime carriers, Motor
carriers, Railroads.
It is ordered:
1. The Board adopts the final rules as
set forth in this decision. Notice of the
adopted rules will be published in the
Federal Register.
2. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration,
Washington, DC 20416.
3. This decision is effective December
29, 2016.
Decided: November 22, 2016.
By the Board, Chairman Elliott, Vice
Chairman Miller, and Commissioner
Begeman.
Kenyatta Clay,
Clearance Clerk.
For the reasons set forth in the
preamble, the Surface Transportation
Board amends part 1109 of title 49,
revenue deflator factor annually and publishes the
railroad revenue thresholds on its Web site. 49 CFR
1201.1–1.
VerDate Sep<11>2014
14:25 Nov 28, 2016
Jkt 241001
chapter X, of the Code of Federal
Regulations as follows:
PART 1109—USE OF MEDIATION IN
BOARD PROCEEDINGS
1. Revise the authority citation for part
1109 to read as follows:
■
Authority: 5 U.S.C. 571 et seq. and 49
U.S.C. 1321(a), 24712(c), and 24905(c).
■
2. Add § 1109.5 to read as follows:
§ 1109.5 Resolution of certain disputes
involving the State Sponsored Route
Committee and the Northeast Corridor
Commission.
(a) In addition to the mediation
procedures under this part that are
available following the filing of a
complaint in a proceeding before the
Board, Amtrak or a State member of the
State Supported Route Committee
established under 49 U.S.C. 24712 may
request that the Board informally assist
in securing outside professional
mediation services in order to resolve
disputes arising from: Implementation
of, or compliance with, the cost
allocation methodology for StateSupported Routes developed under
section 209 of the Passenger Rail
Investment and Improvement Act of
2008 or amended under 49 U.S.C.
24712(a)(6); invoices or reports
provided under 49 U.S.C. 24712(b); or
rules and procedures implemented by
the State Supported Route Committee
under 49 U.S.C. 24712(a)(4). With
respect to a particular dispute, such a
request for informal assistance in
securing outside professional mediation
services may be submitted to the Board:
(1) In the absence of a complaint
proceeding before the Board; or
(2) If, while a formal complaint is
pending before the Board, a motion is
filed in that formal proceeding
requesting that it be held in abeyance in
light of the request for informal
assistance.
(b) In addition to the mediation
procedures under this part that are
available following the filing of a
complaint in a proceeding before the
Board, the Northeast Corridor
Commission established under 49
U.S.C. 24905, Amtrak, or public
authorities providing commuter rail
passenger transportation on the
Northeast Corridor may request that the
Board informally assist in securing
outside professional mediation services
in order to resolve disputes involving
implementation of, or compliance with,
the policy developed under 49 U.S.C.
24905(c)(1). With respect to a particular
dispute, such a request for informal
assistance in securing outside
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
professional mediation services may be
submitted to the Board:
(1) In the absence of a complaint
proceeding before the Board; or
(2) If, while a formal complaint is
pending before the Board, a motion is
filed in that formal proceeding
requesting that it be held in abeyance in
light of the request for informal
assistance.
(c) A request for informal Board
assistance in securing outside
professional mediation services under
paragraph (a) or (b) of this section shall
be submitted by letter duly authorized
to be submitted to the Board by the
requesting party. The request letter shall
be addressed to the Director of the
Board’s Office of Public Assistance,
Governmental Affairs, and Compliance,
and shall include a concise description
of the issues for which outside
professional mediation services are
sought. The Office of Public Assistance,
Governmental Affairs, and Compliance
shall contact the requesting party in
response to such request within 14 days
of receipt of the request.
[FR Doc. 2016–28610 Filed 11–28–16; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151130999–6225–01]
RIN 0648–XF049
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; approval of
quota transfers.
AGENCY:
NMFS announces its approval
of two transfers of 2016 commercial
bluefish quota from the Commonwealth
of Virginia to the State of New York.
The approval of these transfers complies
with the Atlantic Bluefish Fishery
Management Plan quota transfer
provision. This announcement also
informs the public of the revised
commercial quotas for Virginia and New
York.
DATES: Effective November 28, 2016,
through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Reid
Lichwell, Fishery Management
Specialist, (978) 281–9112.
SUMMARY:
E:\FR\FM\29NOR1.SGM
29NOR1
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. The
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.162.
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan published in the
Federal Register on July 26, 2000 (65 FR
45844), and provided a mechanism for
transferring bluefish quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Greater Atlantic Region, NMFS
(Regional Administrator), can request
approval of a transfer of bluefish
VerDate Sep<11>2014
14:25 Nov 28, 2016
Jkt 241001
commercial quota under
§ 648.162(e)(1)(i) through (iii). The
Regional Administrator must first
approve any such transfer based on the
criteria in § 648.162(e).
Virginia and New York have
requested two transfers totaling 80,000
lb (36,287 kg) of bluefish commercial
quota from Virginia to New York. Both
states have certified that the transfers
meet all pertinent state requirements.
These quota transfers were requested by
New York to ensure that its 2016 quota
would not be exceeded. The Regional
Administrator has approved these quota
transfers based on his determination
that the criteria set forth in
§ 648.162(e)(1)(i) through (iii) have been
met. The revised bluefish quotas for
calendar year 2016 are: Virginia,
370,287 lb (167,959 kg); and New York,
877,289 lb (397,932 kg). These quota
adjustments revise the quotas specified
PO 00000
Frm 00069
Fmt 4700
Sfmt 9990
85905
in the final rule implementing the 2016–
2018 Atlantic Bluefish Specifications
published on August 4, 2016 (81 FR
51370), and reflect all subsequent
commercial bluefish quota transfers
completed to date. For information of
previous transfers for fishing year 2016
visit: https://go.usa.gov/xZT8H.
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–28658 Filed 11–28–16; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29NOR1.SGM
29NOR1
Agencies
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Rules and Regulations]
[Pages 85904-85905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28658]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151130999-6225-01]
RIN 0648-XF049
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; Quota Transfers
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; approval of quota transfers.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its approval of two transfers of 2016
commercial bluefish quota from the Commonwealth of Virginia to the
State of New York. The approval of these transfers complies with the
Atlantic Bluefish Fishery Management Plan quota transfer provision.
This announcement also informs the public of the revised commercial
quotas for Virginia and New York.
DATES: Effective November 28, 2016, through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management
Specialist, (978) 281-9112.
[[Page 85905]]
SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish
fishery are found in 50 CFR 648.160 through 648.167. The regulations
require annual specification of a commercial quota that is apportioned
among the coastal states from Maine through Florida. The process to set
the annual commercial quota and the percent allocated to each state are
described in Sec. 648.162.
The final rule implementing Amendment 1 to the Bluefish Fishery
Management Plan published in the Federal Register on July 26, 2000 (65
FR 45844), and provided a mechanism for transferring bluefish quota
from one state to another. Two or more states, under mutual agreement
and with the concurrence of the Administrator, Greater Atlantic Region,
NMFS (Regional Administrator), can request approval of a transfer of
bluefish commercial quota under Sec. 648.162(e)(1)(i) through (iii).
The Regional Administrator must first approve any such transfer based
on the criteria in Sec. 648.162(e).
Virginia and New York have requested two transfers totaling 80,000
lb (36,287 kg) of bluefish commercial quota from Virginia to New York.
Both states have certified that the transfers meet all pertinent state
requirements. These quota transfers were requested by New York to
ensure that its 2016 quota would not be exceeded. The Regional
Administrator has approved these quota transfers based on his
determination that the criteria set forth in Sec. 648.162(e)(1)(i)
through (iii) have been met. The revised bluefish quotas for calendar
year 2016 are: Virginia, 370,287 lb (167,959 kg); and New York, 877,289
lb (397,932 kg). These quota adjustments revise the quotas specified in
the final rule implementing the 2016-2018 Atlantic Bluefish
Specifications published on August 4, 2016 (81 FR 51370), and reflect
all subsequent commercial bluefish quota transfers completed to date.
For information of previous transfers for fishing year 2016 visit:
https://go.usa.gov/xZT8H.
Classification
This action is taken under 50 CFR part 648 and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-28658 Filed 11-28-16; 8:45 am]
BILLING CODE 3510-22-P