Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 16; Technical Amendment, 11156-11157 [2017-03291]

Download as PDF 11156 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [GN Docket No. 12–268; MB Docket No. 16– 306; DA 17–154] Incentive Auction Task Force and Media Bureau Finalize Catalog of Reimbursement Expenses Federal Communications Commission. ACTION: Final action; requirements and procedures. AGENCY: In this document the Incentive Auction Task Force and the Media Bureau of the Federal Communications Commission (Commission) adopts: Updates to the categories of eligible equipment and services, as well as updated baseline costs, in the catalog of eligible reimbursement expenses (Catalog); an economic methodology for adjusting the Catalog’s baseline costs annually such that they remain accurate, by using the Bureau of Labor Statistics’ Producer Price Index, WPUFD4 series; and revisions to the online Reimbursement Form to incorporate the updates to the Catalog, which will be embedded in the Reimbursement Form, as well as other features, including checkboxes for entities to indicate if they are seeking upgrades or partial payment requests, which are designed to make it more user-friendly. DATES: February 21, 2017. ADDRESSES: Copies of any comments on the Paperwork Reduction Act information collection requirements contained herein should be submitted to Cathy Williams, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, or by email to PRA@fcc.gov and Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: Pamela Gallant, 202–418–0614, or Raphael Sznajder, 202–418–1648, of the Media Bureau, Video Division. SUPPLEMENTARY INFORMATION: With the assistance of a third-party contractor, Widelity, Inc., and based on the record to date, the Media Bureau has developed, updated, and now adopted an updated catalog of eligible reimbursement expenses (Catalog) for reimbursement-eligible entities to use for reference during the post-incentive auction transition. The Catalog is not exhaustive, but rather a tool to facilitate the process for reimbursement-eligible entities to claim reimbursement on the Reimbursement Form. This Public Notice (available at: DA 17–154), adopts rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 not only the proposed updated categories and prices for the reimbursement expenses listed, but also adopts an economic methodology to update the prices in the Catalog throughout the three-year reimbursement period so that they accurately reflect the current market for the equipment and services listed in the Catalog. The Catalog that the Incentive Auction Task Force and the Media Bureau adopt will be embedded in the on-line Reimbursement Form (FCC Form 2100, Schedule 399) which will be used by entities seeking reimbursement to file estimated costs and reimbursement claims for the costs they actually incur. The Reimbursement Form is a web-based electronic form containing previously approved information collections (under existing OMB control number 3060–1178). The Commission previously sought, and, on March 17, 2016, obtained OMB approval for the information collection requirements contained in the Reimbursement Form, which became effective on March 24, 2016, for a period of three years. (See Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, 81 FR 15649, Vol. 81, No. 57 (Mar. 24, 2016)). Because the Catalog will be embedded within the Reimbursement Form, available via the Commission’s Licensing and Management System (LMS), we now resubmit the Reimbursement Form to the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act (PRA) of the incremental changes resulting from the Catalog’s updates, as well as other minor modifications made to the Reimbursement Form that are designed to make it more user-friendly and assist filers in describing their claims. For example, we have added check boxes that allow entities to easily indicate if they are seeking optional equipment upgrades or requesting partial payment of particular expenses. The public will now have an opportunity to comment on these modifications to the data collections in the Reimbursement Form. This is a summary of the FCC’s document GN Docket No. 12–268; MB Docket No. 16–306; DA 17–154 (released Feb. 9, 2017). The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center (Room CY–A257), 445 12th Street SW., Washington, DC 20554. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. [FR Doc. 2017–03174 Filed 2–17–17; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 131113952–7147–03] RIN 0648–BD78 Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 16; Technical Amendment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; technical amendment. AGENCY: NMFS is hereby making a technical amendment to our regulations without altering the substance of the regulations. These changes will clarify our regulations to make them more easily understood by the public. As a result of a previously published final rule to implement Regulatory Amendment 16 to the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP), that published in the Federal Register on December 29, 2016, NMFS has identified a section of the regulations for black sea bass pot commercial trip limits in need of clarification. This rule does not make any substantive changes to the regulations governing South Atlantic snapper-grouper or to other species managed by NMFS. DATES: This final rule is effective February 21, 2017. ADDRESSES: Electronic copies of Regulatory Amendment 16, which includes an environmental impact statement, a Regulatory Flexibility Act analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_ fisheries/s_atl/sg/2013/reg_am16/ index.html. SUMMARY: FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 727–824–5305; email: nikhil.mehta@noaa.gov. SUPPLEMENTARY INFORMATION: Black sea bass is in the snapper-grouper fishery and is managed under the FMP. The FMP was prepared by the Council and E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On December 29, 2016, NMFS published the final rule for Regulatory Amendment 16 (81 FR 95893). The final rule for Regulatory Amendment 16 revised the seasonal prohibition on the use of black sea bass pot gear in the South Atlantic and added an additional gear marking requirement for black sea bass pot gear. The purpose of that final rule was to reduce the adverse socioeconomic impacts from the previous seasonal black sea bass pot gear prohibition while continuing to protect Endangered Species Act listed North Atlantic right whales in the South Atlantic. That final rule also required additional gear markings to help identify black sea bass pot gear in the South Atlantic. This technical amendment to that final rule clarifies that black sea bass pot commercial trip limits are meant to be in effect yearround. Background On June 1, 2012, NMFS published the final rule for Amendment 18A to the FMP (77 FR 32408). Among the measures in Amendment 18A was the establishment of a year-round commercial trip limit of 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. On September 23, 2013, NMFS published the final rule for Regulatory Amendment 19 to the FMP (78 FR 58249). Regulatory Amendment 19 established an annual prohibition on the use of black sea bass pot gear from November through April. On November 7, 2014, NMFS published the final rule for Regulatory Amendment 14 to the FMP (79 FR 66316). One of the measures implemented through Regulatory Amendment 14 was the establishment of a 300 lb (136-kg), gutted weight; 354 lb (161 kg), round weight, commercial trip limit for the black sea bass hookand-line component in the South Atlantic from January 1 through April 30, each year. In addition, NMFS changed the commercial trip limit for the black sea bass pot component from year-round to May 1 through October 31, each year. The intent of referencing the May through October dates for the black sea bass pot commercial trip limit was because at that time, May through October was the only time period that pots could be fished. The final rule for Regulatory Amendment 14 simply clarified the seasonal differences in commercial trip limits among the VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 different black sea bass gear components (pots and hook-and-line) in the commercial sector. The final rule for Regulatory Amendment 16 revised the black sea bass pot seasonal prohibition. As of December 29, 2016, sea bass pots are allowed to be fished year-round in specific areas in the South Atlantic. During the development of the rulemaking to implement Regulatory Amendment 16, NMFS inadvertently did not revise the relevant regulatory text to correctly reference that the commercial trip limits for black sea bass fishers are meant to be in effect yearround. However, the South Atlantic Fishery Management Council’s stated intent in Regulatory Amendment 16 was to retain the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight, year-round commercial trip limit for the black sea bass pot sector originally implemented in 2012. Correction Currently, the regulations at § 622.191(a)(8)(ii) contain a reference that the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight, commercial trip limit is only applicable from May 1 through October 31. The May 1 through October 31 condition was added to clarify the seasonal differences in commercial trip limits among the hook-and-line and black sea bass pot components in the commercial sector. As currently written, the regulations at § 622.191(a)(8)(ii) incorrectly have no commercial trip limit in place from November 1 through April 30. As had been described in Regulatory Amendment 16, the intent by NMFS and the South Atlantic Fishery Management Council was for the commercial trip limit for sea bass pots to be in effect year-round. This technical amendment corrects the text within § 622.191(a)(8)(ii) to accurately state that the black sea bass pot trip limit is in effect year-round. Classification The Regional Administrator, Southeast Region, NMFS, has determined this final rule is necessary for the conservation and management of South Atlantic black sea bass and is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for the purposes of Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this regulatory clarification constitutes good cause to waive the requirements to provide prior notice and opportunity for PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 11157 public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), because prior notice and opportunity for public comment on this final rule is unnecessary and contrary to the public interest. Such procedures are unnecessary and contrary to the public interest, because the rules establishing the commercial trip limits and the seasonal closures have already been subject to notice and comment and not immediately correcting the regulatory text would result in confusion and uncertainty for the affected entities. 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). These measures are thus exempt from the procedures of the Regulatory Flexibility Act because prior notice and comment have been waived under the APA. List of Subjects in 50 CFR Part 622 Black sea bass, Commercial trip limits, Fisheries, Fishing, South Atlantic. Dated: February 14, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.191, revise paragraph (a)(8)(ii) to read as follows: ■ § 622.191 Commercial trip limits. * * * * * (a) * * * (8) * * * (ii) Sea bass pot component. Until the applicable quota specified in § 622.190(a)(5) is reached—1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), round weight. * * * * * [FR Doc. 2017–03291 Filed 2–17–17; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11156-11157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03291]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131113952-7147-03]
RIN 0648-BD78


Snapper-Grouper Fishery Off the Southern Atlantic States; 
Regulatory Amendment 16; Technical Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: NMFS is hereby making a technical amendment to our regulations 
without altering the substance of the regulations. These changes will 
clarify our regulations to make them more easily understood by the 
public. As a result of a previously published final rule to implement 
Regulatory Amendment 16 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP), that published in 
the Federal Register on December 29, 2016, NMFS has identified a 
section of the regulations for black sea bass pot commercial trip 
limits in need of clarification. This rule does not make any 
substantive changes to the regulations governing South Atlantic 
snapper-grouper or to other species managed by NMFS.

DATES: This final rule is effective February 21, 2017.

ADDRESSES: Electronic copies of Regulatory Amendment 16, which includes 
an environmental impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review, may be obtained from the 
Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2013/reg_am16/index.html.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 727-824-5305; email: 
nikhil.mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: Black sea bass is in the snapper-grouper 
fishery and is managed under the FMP. The FMP was prepared by the 
Council and

[[Page 11157]]

is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On December 29, 2016, NMFS published the final rule for Regulatory 
Amendment 16 (81 FR 95893). The final rule for Regulatory Amendment 16 
revised the seasonal prohibition on the use of black sea bass pot gear 
in the South Atlantic and added an additional gear marking requirement 
for black sea bass pot gear. The purpose of that final rule was to 
reduce the adverse socioeconomic impacts from the previous seasonal 
black sea bass pot gear prohibition while continuing to protect 
Endangered Species Act listed North Atlantic right whales in the South 
Atlantic. That final rule also required additional gear markings to 
help identify black sea bass pot gear in the South Atlantic. This 
technical amendment to that final rule clarifies that black sea bass 
pot commercial trip limits are meant to be in effect year-round.

Background

    On June 1, 2012, NMFS published the final rule for Amendment 18A to 
the FMP (77 FR 32408). Among the measures in Amendment 18A was the 
establishment of a year-round commercial trip limit of 1,000 lb (454 
kg), gutted weight; 1,180 lb (535 kg), round weight.
    On September 23, 2013, NMFS published the final rule for Regulatory 
Amendment 19 to the FMP (78 FR 58249). Regulatory Amendment 19 
established an annual prohibition on the use of black sea bass pot gear 
from November through April.
    On November 7, 2014, NMFS published the final rule for Regulatory 
Amendment 14 to the FMP (79 FR 66316). One of the measures implemented 
through Regulatory Amendment 14 was the establishment of a 300 lb (136-
kg), gutted weight; 354 lb (161 kg), round weight, commercial trip 
limit for the black sea bass hook-and-line component in the South 
Atlantic from January 1 through April 30, each year. In addition, NMFS 
changed the commercial trip limit for the black sea bass pot component 
from year-round to May 1 through October 31, each year. The intent of 
referencing the May through October dates for the black sea bass pot 
commercial trip limit was because at that time, May through October was 
the only time period that pots could be fished. The final rule for 
Regulatory Amendment 14 simply clarified the seasonal differences in 
commercial trip limits among the different black sea bass gear 
components (pots and hook-and-line) in the commercial sector.
    The final rule for Regulatory Amendment 16 revised the black sea 
bass pot seasonal prohibition. As of December 29, 2016, sea bass pots 
are allowed to be fished year-round in specific areas in the South 
Atlantic. During the development of the rulemaking to implement 
Regulatory Amendment 16, NMFS inadvertently did not revise the relevant 
regulatory text to correctly reference that the commercial trip limits 
for black sea bass fishers are meant to be in effect year-round. 
However, the South Atlantic Fishery Management Council's stated intent 
in Regulatory Amendment 16 was to retain the 1,000 lb (454 kg), gutted 
weight; 1,180 lb (535 kg), round weight, year-round commercial trip 
limit for the black sea bass pot sector originally implemented in 2012.

Correction

    Currently, the regulations at Sec.  622.191(a)(8)(ii) contain a 
reference that the 1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg), 
round weight, commercial trip limit is only applicable from May 1 
through October 31. The May 1 through October 31 condition was added to 
clarify the seasonal differences in commercial trip limits among the 
hook-and-line and black sea bass pot components in the commercial 
sector. As currently written, the regulations at Sec.  
622.191(a)(8)(ii) incorrectly have no commercial trip limit in place 
from November 1 through April 30. As had been described in Regulatory 
Amendment 16, the intent by NMFS and the South Atlantic Fishery 
Management Council was for the commercial trip limit for sea bass pots 
to be in effect year-round.
    This technical amendment corrects the text within Sec.  
622.191(a)(8)(ii) to accurately state that the black sea bass pot trip 
limit is in effect year-round.

Classificationr

    The Regional Administrator, Southeast Region, NMFS, has determined 
this final rule is necessary for the conservation and management of 
South Atlantic black sea bass and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
the need to immediately implement this regulatory clarification 
constitutes good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth in 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), 
because prior notice and opportunity for public comment on this final 
rule is unnecessary and contrary to the public interest. Such 
procedures are unnecessary and contrary to the public interest, because 
the rules establishing the commercial trip limits and the seasonal 
closures have already been subject to notice and comment and not 
immediately correcting the regulatory text would result in confusion 
and uncertainty for the affected entities.
    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).
    These measures are thus exempt from the procedures of the 
Regulatory Flexibility Act because prior notice and comment have been 
waived under the APA.

List of Subjects in 50 CFR Part 622

    Black sea bass, Commercial trip limits, Fisheries, Fishing, South 
Atlantic.

    Dated: February 14, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


0
2. In Sec.  622.191, revise paragraph (a)(8)(ii) to read as follows:


Sec.  622.191   Commercial trip limits.

* * * * *
    (a) * * *
    (8) * * *
    (ii) Sea bass pot component. Until the applicable quota specified 
in Sec.  622.190(a)(5) is reached--1,000 lb (454 kg), gutted weight; 
1,180 lb (535 kg), round weight.
* * * * *
[FR Doc. 2017-03291 Filed 2-17-17; 8:45 am]
BILLING CODE 3510-22-P