Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Possession and Trip Limit Modifications for the Common Pool Fishery, 95492-95493 [2016-31403]
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95492
Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
in the development of regulatory
policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ Under
Executive Order 13132, the agency may
not issue a regulation with Federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or the agency consults
with State and local governments early
in the process of developing the
proposed regulation.
This rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. The reason is
that this rule applies to motor vehicle
manufacturers. Thus, the requirements
of Section 6 of the Executive Order do
not apply.
sradovich on DSK3GMQ082PROD with RULES
D. Unfunded Mandates Reform Act of
1995 (UMRA)
The Unfunded Mandates Reform Act
of 1995, Public Law 104–4, requires
agencies to prepare a written assessment
of the cost, benefits, and other effects of
proposed or final rules that include a
Federal mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of more than $100
million annually. Because NHTSA does
not believe that this rule will
necessarily have a $100 million effect,
no Unfunded Mandates assessment will
be prepared.
E. Executive Order 12778 (Civil Justice
Reform)
This rule does not have a retroactive
or preemptive effect. Judicial review of
this rule may be obtained pursuant to 5
U.S.C. 702. That section does not
require that a petition for
reconsideration be filed prior to seeking
judicial review.
F. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1980, we state that
there are no requirements for
information collection associated with
this rulemaking action.
VerDate Sep<11>2014
16:15 Dec 27, 2016
Jkt 241001
G. Privacy Act
Please note that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78) or you may visit
https://www.transportation.gov/privacy.
Issued on: December 21, 2016.
Mark R. Rosekind,
Administrator.
List of Subjects in 49 CFR Part 578
Fuel economy, Motor vehicles,
Penalties.
In consideration of the foregoing, 49
CFR part 578 is amended as set forth
below.
RIN 0648–XF074
PART 578—CIVIL AND CRIMINAL
PENALTIES
AGENCY:
1. The authority citation for 49 CFR
part 578 is revised to read as follows:
■
Authority: Pub. L. 101–410, Pub. L. 104–
134, Pub. L. 109–59, Pub. L. 114–74, Pub L.
114–94, 49 U.S.C. 32902 and 32912;
delegation of authority at 49 CFR 1.81, 1.95.
2. Section 578.6 is amended by
revising paragraph (h) to read as
follows:
■
§ 578.6 Civil penalties for violations of
specified provisions of Title 49 of the United
States Code.
*
*
*
*
*
(h) Automobile fuel economy. (1) A
person that violates 49 U.S.C. 32911(a)
is liable to the United States
Government for a civil penalty of not
more than $40,000 for each violation. A
separate violation occurs for each day
the violation continues.
(2) Except as provided in 49 U.S.C.
32912(c), beginning with model year
2019, a manufacturer that violates a
standard prescribed for a model year
under 49 U.S.C. 32902 is liable to the
United States Government for a civil
penalty of $14, plus any adjustments for
inflation that occurred or may occur (for
model years before model year 2019, the
civil penalty is $5.50), multiplied by
each .1 of a mile a gallon by which the
applicable average fuel economy
standard under that section exceeds the
average fuel economy—
(i) Calculated under 49 U.S.C.
32904(a)(1)(A) or (B) for automobiles to
which the standard applies produced by
the manufacturer during the model year;
(ii) Multiplied by the number of those
automobiles; and
(iii) Reduced by the credits available
to the manufacturer under 49 U.S.C.
32903 for the model year.
*
*
*
*
*
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[FR Doc. 2016–31136 Filed 12–27–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Possession and Trip Limit
Modifications for the Common Pool
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
This action increases the
possession and trip limits for Southern
New England/Mid-Atlantic yellowtail
flounder and reduces the possession
and trip limits for Georges Bank cod in
place for Northeast multispecies
common pool vessels for the remainder
of the 2016 fishing year. The Regional
Administrator is authorized to adjust
possession and trip limits for common
pool vessels to facilitate harvesting, or
prevent exceeding, the pertinent
common pool quotas during the fishing
year. Increasing the possession and trip
limits on Southern New England/MidAtlantic yellowtail flounder is intended
to provide additional fishing
opportunities and help allow the
common pool fishery to catch its
allowable quota for the stock, while
reducing the possession and trip limits
for Georges Bank cod is necessary to
prevent overharvest of the common pool
quota for that stock.
DATES: The action increasing the
possession and trip limits for Southern
New England/Mid-Atlantic yellowtail
flounder is effective December 22, 2016,
through April 30, 2017. The action
decreasing the possession and trip
limits for Georges Bank cod is effective
January 1, 2017, through April 30, 2017.
FOR FURTHER INFORMATION CONTACT: Kyle
Molton, Fishery Management Specialist,
978–281–9236.
SUPPLEMENTARY INFORMATION: The
regulations at 50 CFR 648.86(o)
authorize the Regional Administrator to
adjust the possession and trip limits for
common pool vessels in order to
SUMMARY:
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
prevent the overharvest and facilitate
utilization of the common pool quotas.
As of December 1, 2016, the common
pool had caught less than 5 percent of
its sub-annual catch limit (ACL) of
Southern New England/Mid-Atlantic
(SNE/MA) yellowtail flounder. We
project that a moderate increase in the
possession and trip limit for SNE/MA
yellowtail flounder will result in greater
fishing opportunities and little risk of
exceeding the common pool sub-ACL of
that stock in the current fishing year. To
allow the common pool fishery to catch
more of its quota for this stock, effective
December 22, 2016, the possession and
trip limit of SNE/MA yellowtail
flounder for all common pool vessels of
250 lb (113.4 kg) per day-at-sea (DAS),
and 500 lb (226.8 kg) per trip is
increased, to 500 lb (226.8 kg) per DAS,
and 1,000 lb (453.6 kg) per trip. It is
unlawful for any common pool vessel to
exceed the new possession and trip
limits.
On November 15, 2016, we reduced
possession and trip limits for Georges
Bank (GB) cod to prevent an overage of
the common pool’s quota for the stock.
These reduced possession and trip
limits were set to expire on December
31, 2016, and return to the initial limits
set by Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan (FMP). We project
that if the current possession and trip
limits were to expire there will likely be
a significant overage of the common
pool quota for this stock before the end
of the fishing year. As of December 1,
95493
2016, the common pool had caught
approximately 76 percent of its sub-ACL
of GB cod. To prevent the common pool
fishery from exceeding its quota for this
stock during the remainder of the
fishing year, effective January 1, 2017,
the possession and trip limits for GB
cod will remain at the current limits
(see Table 1) instead of returning to the
initial limits set by Framework
Adjustment 55 to the Northeast
Multispecies FMP. We are also setting a
new 25-lb (11.3-kg) per trip GB cod trip
limit on common pool vessels fishing
with a small vessel category permit. As
a result, effective January 1, 2017, it is
unlawful for a common pool vessel to
exceed the possession and trip limits
listed in Table 1.
TABLE 1—CURRENT AND UPDATED COMMON POOL POSSESSION AND TRIP LIMITS FOR GB COD
Permit
Current limits (as of November 15, 2016)
Updated limits (effective January 1, 2017)
A DAS* (outside of the Eastern U.S./Canada Area).
A DAS (Eastern U.S./Canada Area).
A DAS (Special Access Programs).
Handgear A ..........................
Handgear B ..........................
Regular B DAS Program .....
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ...
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip
(unchanged).
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip
(unchanged).
50 lb (22.7 kg) per trip (unchanged).
Small Vessel Category (≤30
ft).
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ...
50 lb (22.7 kg) per trip ....................................................
25 lb (11.3 kg) per trip ....................................................
25 lb (11.3 kg) per trip ....................................................
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip ...
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined.
Maximum of 25 lb (11.3 kg) of GOM cod and 200 lb
(90.7 kg) of GOM haddock within the 300-lb (136.1kg) combined trip limit.
25 lb (11.3 kg) per trip (unchanged).
25 lb (11.3 kg) per trip (unchanged).
25 lb (11.3 kg) per DAS up to 50 lb (22.7 kg) per trip
(unchanged).
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined.
Maximum of 25 lb (11.3 kg) of cod and 200 lb (90.7 kg)
of GOM haddock within the 300-lb (136.1-kg) combined trip limit.
* Day-at-sea (DAS).
Weekly quota monitoring reports for
the common pool fishery can be found
on our Web site at: https://www.greater
atlantic.fisheries.noaa.gov/ro/fso/Multi
MonReports.htm. We will continue to
monitor common pool catch through
vessel trip reports, dealer-reported
landings, vessel monitoring system
catch reports and other available
information and, if necessary, we will
make additional adjustments to
common pool management measures.
sradovich on DSK3GMQ082PROD with RULES
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, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be
impracticable and contrary to the public
interest.
VerDate Sep<11>2014
16:15 Dec 27, 2016
Jkt 241001
The regulations at § 648.86(o)
authorize the Regional Administrator to
adjust the Northeast multispecies
possession and trip limits for common
pool vessels to prevent the overharvest
and facilitate utilization of common
pool sub-ACLs. The catch data used to
justify increasing the SNE/MA
yellowtail flounder possession and trip
limits and maintaining current
possession and trip limits for GB cod
only recently became available. The
possession and trip limit increase
implemented through this action allows
for increased harvest of SNE/MA
yellowtail flounder, to help ensure that
the fishery may achieve the optimum
yield (OY) for this stock. As a result, the
time necessary to provide for prior
notice and comment, and a 30-day delay
in effectiveness, would prevent us from
increasing the possession and trip limit
for SNE/MA yellowtail flounder in a
timely manner, which could prevent the
fishery from achieving the OY. Further,
the same delay would prevent us from
implementing measures to prevent
PO 00000
Frm 00097
Fmt 4700
Sfmt 9990
overutilization of the GB cod sub-ACL,
leading to further negative impacts on
the fishery. Either outcome would
undermine management objectives of
the Northeast Multispecies FMP and
cause unnecessary negative economic
impacts to the common pool fishery.
There is additional good cause to waive
the delayed effective period because this
action in part relieves restrictions on
fishing vessels by increasing a trip limit
on SNE/MA yellowtail flounder and
also limits regulatory confusion by
maintaining status quo restrictions to
more effectively prevent overharvest of
the GB cod sub-ACL.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 22, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–31403 Filed 12–22–16; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95492-95493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31403]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-XF074
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Possession and Trip Limit Modifications for the
Common Pool Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
-----------------------------------------------------------------------
SUMMARY: This action increases the possession and trip limits for
Southern New England/Mid-Atlantic yellowtail flounder and reduces the
possession and trip limits for Georges Bank cod in place for Northeast
multispecies common pool vessels for the remainder of the 2016 fishing
year. The Regional Administrator is authorized to adjust possession and
trip limits for common pool vessels to facilitate harvesting, or
prevent exceeding, the pertinent common pool quotas during the fishing
year. Increasing the possession and trip limits on Southern New
England/Mid-Atlantic yellowtail flounder is intended to provide
additional fishing opportunities and help allow the common pool fishery
to catch its allowable quota for the stock, while reducing the
possession and trip limits for Georges Bank cod is necessary to prevent
overharvest of the common pool quota for that stock.
DATES: The action increasing the possession and trip limits for
Southern New England/Mid-Atlantic yellowtail flounder is effective
December 22, 2016, through April 30, 2017. The action decreasing the
possession and trip limits for Georges Bank cod is effective January 1,
2017, through April 30, 2017.
FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management
Specialist, 978-281-9236.
SUPPLEMENTARY INFORMATION: The regulations at 50 CFR 648.86(o)
authorize the Regional Administrator to adjust the possession and trip
limits for common pool vessels in order to
[[Page 95493]]
prevent the overharvest and facilitate utilization of the common pool
quotas. As of December 1, 2016, the common pool had caught less than 5
percent of its sub-annual catch limit (ACL) of Southern New England/
Mid-Atlantic (SNE/MA) yellowtail flounder. We project that a moderate
increase in the possession and trip limit for SNE/MA yellowtail
flounder will result in greater fishing opportunities and little risk
of exceeding the common pool sub-ACL of that stock in the current
fishing year. To allow the common pool fishery to catch more of its
quota for this stock, effective December 22, 2016, the possession and
trip limit of SNE/MA yellowtail flounder for all common pool vessels of
250 lb (113.4 kg) per day-at-sea (DAS), and 500 lb (226.8 kg) per trip
is increased, to 500 lb (226.8 kg) per DAS, and 1,000 lb (453.6 kg) per
trip. It is unlawful for any common pool vessel to exceed the new
possession and trip limits.
On November 15, 2016, we reduced possession and trip limits for
Georges Bank (GB) cod to prevent an overage of the common pool's quota
for the stock. These reduced possession and trip limits were set to
expire on December 31, 2016, and return to the initial limits set by
Framework Adjustment 55 to the Northeast Multispecies Fishery
Management Plan (FMP). We project that if the current possession and
trip limits were to expire there will likely be a significant overage
of the common pool quota for this stock before the end of the fishing
year. As of December 1, 2016, the common pool had caught approximately
76 percent of its sub-ACL of GB cod. To prevent the common pool fishery
from exceeding its quota for this stock during the remainder of the
fishing year, effective January 1, 2017, the possession and trip limits
for GB cod will remain at the current limits (see Table 1) instead of
returning to the initial limits set by Framework Adjustment 55 to the
Northeast Multispecies FMP. We are also setting a new 25-lb (11.3-kg)
per trip GB cod trip limit on common pool vessels fishing with a small
vessel category permit. As a result, effective January 1, 2017, it is
unlawful for a common pool vessel to exceed the possession and trip
limits listed in Table 1.
Table 1--Current and Updated Common Pool Possession and Trip Limits for
GB Cod
------------------------------------------------------------------------
Current limits (as Updated limits
Permit of November 15, (effective January
2016) 1, 2017)
------------------------------------------------------------------------
A DAS* (outside of the 25 lb (11.3 kg) per 25 lb (11.3 kg) per
Eastern U.S./Canada Area). DAS up to 50 lb DAS up to 50 lb
(22.7 kg) per trip. (22.7 kg) per trip
(unchanged).
A DAS (Eastern U.S./Canada 25 lb (11.3 kg) per 25 lb (11.3 kg) per
Area). DAS up to 50 lb DAS up to 50 lb
(22.7 kg) per trip. (22.7 kg) per trip
(unchanged).
A DAS (Special Access 50 lb (22.7 kg) per 50 lb (22.7 kg) per
Programs). trip. trip (unchanged).
Handgear A.................. 25 lb (11.3 kg) per 25 lb (11.3 kg) per
trip. trip (unchanged).
Handgear B.................. 25 lb (11.3 kg) per 25 lb (11.3 kg) per
trip. trip (unchanged).
Regular B DAS Program....... 25 lb (11.3 kg) per 25 lb (11.3 kg) per
DAS up to 50 lb DAS up to 50 lb
(22.7 kg) per trip. (22.7 kg) per trip
(unchanged).
Small Vessel Category (<=30 300 lb (136.1 kg) of 300 lb (136.1 kg) of
ft). cod, haddock, and cod, haddock, and
yellowtail flounder yellowtail flounder
combined. combined.
Maximum of 25 lb Maximum of 25 lb
(11.3 kg) of GOM (11.3 kg) of cod
cod and 200 lb and 200 lb (90.7
(90.7 kg) of GOM kg) of GOM haddock
haddock within the within the 300-lb
300-lb (136.1-kg) (136.1-kg) combined
combined trip limit. trip limit.
------------------------------------------------------------------------
* Day-at-sea (DAS).
Weekly quota monitoring reports for the common pool fishery can be
found on our Web site at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We
will continue to monitor common pool catch through vessel trip reports,
dealer-reported landings, vessel monitoring system catch reports and
other available information and, if necessary, we will make additional
adjustments to common pool management measures.
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, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be impracticable and contrary to
the public interest.
The regulations at Sec. 648.86(o) authorize the Regional
Administrator to adjust the Northeast multispecies possession and trip
limits for common pool vessels to prevent the overharvest and
facilitate utilization of common pool sub-ACLs. The catch data used to
justify increasing the SNE/MA yellowtail flounder possession and trip
limits and maintaining current possession and trip limits for GB cod
only recently became available. The possession and trip limit increase
implemented through this action allows for increased harvest of SNE/MA
yellowtail flounder, to help ensure that the fishery may achieve the
optimum yield (OY) for this stock. As a result, the time necessary to
provide for prior notice and comment, and a 30-day delay in
effectiveness, would prevent us from increasing the possession and trip
limit for SNE/MA yellowtail flounder in a timely manner, which could
prevent the fishery from achieving the OY. Further, the same delay
would prevent us from implementing measures to prevent overutilization
of the GB cod sub-ACL, leading to further negative impacts on the
fishery. Either outcome would undermine management objectives of the
Northeast Multispecies FMP and cause unnecessary negative economic
impacts to the common pool fishery. There is additional good cause to
waive the delayed effective period because this action in part relieves
restrictions on fishing vessels by increasing a trip limit on SNE/MA
yellowtail flounder and also limits regulatory confusion by maintaining
status quo restrictions to more effectively prevent overharvest of the
GB cod sub-ACL.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 22, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-31403 Filed 12-22-16; 4:15 pm]
BILLING CODE 3510-22-P
