Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for the Common Pool; Possession Prohibition for the Common Pool Fishery, 48007-48008 [2017-22347]

Download as PDF Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 7311 required the testing to ‘‘objectively, accurately, and reliably measure[s] the performance of ECP brake systems relative to other braking technologies or systems, such as distributed power and 2-way end-oftrain devices.’’ The FAST Act also provided for GAO review of the potential costs and benefits of ECP brakes. In response, GAO completed an evaluation of the business benefits, safety benefits, and costs that DOT estimated in the RIA for the final rule.4 Additionally, GAO recently completed a second evaluation comparing the forecasted values of certain data points that were used to support DOT’s ECP brake analysis.5 Both audits are discussed in the updated RIA. PHMSA is providing the public with an opportunity to comment on the updated RIA. To enable PHMSA to meet section 7311’s deadline, all comments must be received in the docket referenced in the ADDRESSES section of this document by November 1, 2017. Comments received after that date will be considered to the extent practicable, provided the comments do not result in additional delay or expense. All documents and comments related to this matter, including the updated RIA, are available for review at http:// www.regulations.gov in docket number PHMSA–2017–0102. Issued in Washington, DC on October 10, 2017, under authority delegated in 49 CFR part 1.97. Drue Pearce, Acting Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2017–22281 Filed 10–13–17; 8:45 am] BILLING CODE 4910–60–P 48007 common pool vessels for the remainder of the fishing year, through April 30, 2018. In addition, we are reducing the 2017 fishing year Georges Bank cod subannual catch limit for the common pool due to an overage in fishing year 2016. Effective October 11, 2017, through April 30, 2018. DATES: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XF747 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit for the Common Pool; Possession Prohibition for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure and inseason adjustment. AGENCY: We are closing the Georges Bank Cod Trimester Total Allowable Catch Area for the remainder of Trimester 2, through December 31, 2017. This action also prohibits possession of Georges Bank cod by SUMMARY: Spencer Talmage, Fishery Management Specialist, (978) 281–9232, spencer.talmage@noaa.gov. We recently approved Framework Adjustment 56, which set 2017 annual catch limits (ACLs) for groundfish stocks (82 FR 16133). The possibility of minor adjustments and corrections was noted in the Framework 56 proposed and final rules because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. Based on final 2016 catch information that recently became available, the fishing year 2016 common pool subACL for Georges Bank (GB) cod was exceeded by 2.8 metric tons (mt). If the common pool sub-ACL for any stock is exceeded, we are required to reduce the common pool sub-ACL by the amount of the overage in the next fishing year. Therefore, this action reduces the fishing year 2017 GB cod common pool sub-ACL by 2.8 mt, which results in a revised 2017 GB cod common pool subACL of 7.0 mt. The revised Trimester Total Allowable Catches (TACs) are provided in Table 1. SUPPLEMENTARY INFORMATION: TABLE 1—CURRENT AND REVISED GEORGES BANK COD TRIMESTER TACS Trimester 1 jstallworth on DSKBBY8HB2PROD with RULES Allocation Percentage ......................................................................................................................................... Current Trimester TAC ........................................................................................................................................ Revised Trimester TAC ....................................................................................................................................... Trimester 2 Trimester 3 25% ....... 2.4 mt ..... 1.7 mt ..... 37% ........ 3.6 mt ..... 2.6 mt ..... 38%. 3.7 mt. 2.7 mt. As of October 3, 2017, the common pool fishery is projected to have caught 123 percent of the adjusted Trimester 2 TAC (2.6 mt) for GB cod. Additionally, the common pool fishery has caught 83 percent of its adjusted 2017 sub-ACL, and has only 1.2 mt left for the remainder of the fishing year. Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester TAC Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. As a result, effective October 11, 2017, the GB Cod Trimester TAC Area is closed for the remainder of Trimester 2, through December 31, 2017, to all common pool vessels fishing on a Northeast multispecies trip with trawl gear, sink gillnet gear, and longline/ hook gear, including handgear vessels. The GB Cod Trimester TAC Area consists of statistical areas 521, 522, 525, and 561. The area reopens at the beginning of Trimester 3, on January 1, 2018. Data indicate that common pool vessels have caught a significant portion of the total catch from outside the statistical areas that will be affected by the closure described above. The Regional Administrator is authorized under 50 CFR 648.86(o)(1) to adjust possession and trip limits for common pool vessels to prevent exceeding the statutory deadline. As an alternative, to meet the intent of the FAST Act, DOT conducted the testing itself and contracted with NAS to review and monitor the test plan. 4 DOT’s Rulemaking on Electronically Controlled Pneumatic Brakes Could Benefit from Additional Data and Transparency, GAO–17–122, Oct 12, 2016. 5 2015 Electronically Controlled Pneumatic Brake Rule: Comparison of DOT Forecasts for Selected Data Points for 2015 and 2016 to Preliminary Data for Those Years, GAO–17–567R, May 31, 2017 VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1 48008 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations jstallworth on DSKBBY8HB2PROD with RULES pertinent common pool quotas during the fishing year. Given this, and because the common pool has caught more than 80 percent of its annual quota, the possession of GB cod by all common pool vessels is prohibited effective October 11, 2017, through April 30, 2018. This action is intended to prevent the common pool from further exceeding its Trimester 2 TAC or from exceeding its annual quota. If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and crossed the VMS demarcation line prior to October 11, 2017, it may complete its trip within the Trimester TAC Area. A vessel that has set gillnet gear prior to October 11, 2017, may complete its trip by hauling such gear. Any overage of the Trimester 1 or 2 TACs must be deducted from the Trimester 3 TAC. If the common pool fishery exceeds its total quota for a stock in the 2017 fishing year, the overage must be deducted from the common pool’s quota for that stock for fishing year 2018. Any uncaught portion of the Trimester 1 and Trimester 2 TACs is carried over into the next trimester. However, any uncaught portion of the common pool’s total annual quota may not be carried over into the following fishing year. Weekly quota monitoring reports for the common pool fishery are on our Web site at: http:// www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealerreported landings, VMS catch reports, and other available information and, if necessary, we will make additional adjustments to common pool management measures. Classification The NMFS Assistant Administrator has determined that this temporary rule is consistent with the Northeast Multispecies Fishery Management Plan, other provisions of the MagnusonStevens Fishery Conservation and Management Act, and other applicable law. This action is exempt from the procedures of Executive Order 12866 because this action contains no implementing regulations. 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 14:58 Oct 13, 2017 Jkt 244001 There are several reasons that notice and comment are impracticable, unnecessary, and contrary to the public interest. First, the proposed and final rules for Framework 56 explained the possibility of minor adjustments and corrections because final allocations are not always available at the time of the rulemaking for the upcoming fishing year. These adjustments are routine and formulaic, required by regulation, and anticipated by industry. No comments were received on the potential for these adjustments, which provide an accurate accounting of the common pool’s allocation. The regulations require the Regional Administrator to close a trimester TAC area to the common pool fishery when 90 percent of the Trimester TAC for a stock has been caught. Updated catch information only recently became available indicating that the common pool fishery is projected to have caught 123 percent of its Trimester 2 TAC for GB cod as of October 3, 2017. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent the immediate closure of the GB Cod Trimester TAC Area and prohibition of GB cod possession. Not closing the area immediately and prohibiting GB cod possession increases the likelihood that the common pool fishery will further exceed its trimester TAC, or exceed its annual quota, to the detriment of this stock, which could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additional overages would negatively affect the common pool fishery as a result of future overage paybacks or premature closures of the fishery. Authority: 16 U.S.C. 1801 et seq. Dated: October 11, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–22347 Filed 10–11–17; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161017970–6999–02] RIN 0648–XF721 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. NMFS announces that the State of North Carolina is transferring a portion of its 2017 commercial summer flounder quota to the State of New York. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and New York. SUMMARY: Effective October 13, 2017, through December 31, 2017. DATES: FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281–9180. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.110. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102, and the initial 2017 allocations were published on December 22, 2016 (81 FR 93842). The final rule implementing Amendment 5 to the Summer Flounder Fishery Management Plan, as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i)(A) through (C) in the evaluation of requests for quota transfers or combinations. North Carolina is transferring 3,000 lb (1,361 kg) of summer flounder commercial quota to New York. This transfer was requested to repay landings by a North Carolina-permitted vessel that landed in New York under a safe harbor agreement. The revised summer flounder quotas for calendar year 2017 are now: North Carolina, 1,536,693 lb (697,032 kg); and New York, 435,764 lb (197,659 kg); based on the initial quotas published in the 2017 Summer Flounder, Scup, and Black Sea Bass Specifications and subsequent transfers. E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 48007-48008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22347]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6343-02]
RIN 0648-XF747


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Trimester 2 Georges Bank Cod Total Allowable 
Catch Area Closure; Updated 2017 Georges Bank Cod Annual Catch Limit 
for the Common Pool; Possession Prohibition for the Common Pool Fishery

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

ACTION: Temporary rule; area closure and inseason adjustment.

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

SUMMARY: We are closing the Georges Bank Cod Trimester Total Allowable 
Catch Area for the remainder of Trimester 2, through December 31, 2017. 
This action also prohibits possession of Georges Bank cod by common 
pool vessels for the remainder of the fishing year, through April 30, 
2018. In addition, we are reducing the 2017 fishing year Georges Bank 
cod sub-annual catch limit for the common pool due to an overage in 
fishing year 2016.

DATES: Effective October 11, 2017, through April 30, 2018.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, (978) 281-9232, spencer.talmage@noaa.gov.

SUPPLEMENTARY INFORMATION: We recently approved Framework Adjustment 
56, which set 2017 annual catch limits (ACLs) for groundfish stocks (82 
FR 16133). The possibility of minor adjustments and corrections was 
noted in the Framework 56 proposed and final rules because final 
allocations are not always available at the time of the rulemaking for 
the upcoming fishing year.
    Based on final 2016 catch information that recently became 
available, the fishing year 2016 common pool sub-ACL for Georges Bank 
(GB) cod was exceeded by 2.8 metric tons (mt). If the common pool sub-
ACL for any stock is exceeded, we are required to reduce the common 
pool sub-ACL by the amount of the overage in the next fishing year. 
Therefore, this action reduces the fishing year 2017 GB cod common pool 
sub-ACL by 2.8 mt, which results in a revised 2017 GB cod common pool 
sub-ACL of 7.0 mt. The revised Trimester Total Allowable Catches (TACs) 
are provided in Table 1.

      Table 1--Current and Revised Georges Bank Cod Trimester TACs
------------------------------------------------------------------------
                                Trimester 1    Trimester 2   Trimester 3
------------------------------------------------------------------------
Allocation Percentage........  25%..........  37%.........  38%.
Current Trimester TAC........  2.4 mt.......  3.6 mt......  3.7 mt.
Revised Trimester TAC........  1.7 mt.......  2.6 mt......  2.7 mt.
------------------------------------------------------------------------

    As of October 3, 2017, the common pool fishery is projected to have 
caught 123 percent of the adjusted Trimester 2 TAC (2.6 mt) for GB cod. 
Additionally, the common pool fishery has caught 83 percent of its 
adjusted 2017 sub-ACL, and has only 1.2 mt left for the remainder of 
the fishing year. Federal regulations at 50 CFR 648.82(n)(2)(ii) 
require the Regional Administrator to close a common pool Trimester TAC 
Area for a stock when 90 percent of the Trimester TAC is projected to 
be caught. The closure applies to all common pool vessels fishing with 
gear capable of catching that stock for the remainder of the trimester.
    As a result, effective October 11, 2017, the GB Cod Trimester TAC 
Area is closed for the remainder of Trimester 2, through December 31, 
2017, to all common pool vessels fishing on a Northeast multispecies 
trip with trawl gear, sink gillnet gear, and longline/hook gear, 
including handgear vessels. The GB Cod Trimester TAC Area consists of 
statistical areas 521, 522, 525, and 561. The area reopens at the 
beginning of Trimester 3, on January 1, 2018.
    Data indicate that common pool vessels have caught a significant 
portion of the total catch from outside the statistical areas that will 
be affected by the closure described above. The Regional Administrator 
is authorized under 50 CFR 648.86(o)(1) to adjust possession and trip 
limits for common pool vessels to prevent exceeding the

[[Page 48008]]

pertinent common pool quotas during the fishing year. Given this, and 
because the common pool has caught more than 80 percent of its annual 
quota, the possession of GB cod by all common pool vessels is 
prohibited effective October 11, 2017, through April 30, 2018. This 
action is intended to prevent the common pool from further exceeding 
its Trimester 2 TAC or from exceeding its annual quota.
    If a vessel declared its trip through the Vessel Monitoring System 
(VMS) or the interactive voice response system, and crossed the VMS 
demarcation line prior to October 11, 2017, it may complete its trip 
within the Trimester TAC Area. A vessel that has set gillnet gear prior 
to October 11, 2017, may complete its trip by hauling such gear.
    Any overage of the Trimester 1 or 2 TACs must be deducted from the 
Trimester 3 TAC. If the common pool fishery exceeds its total quota for 
a stock in the 2017 fishing year, the overage must be deducted from the 
common pool's quota for that stock for fishing year 2018. Any uncaught 
portion of the Trimester 1 and Trimester 2 TACs is carried over into 
the next trimester. However, any uncaught portion of the common pool's 
total annual quota may not be carried over into the following fishing 
year.
    Weekly quota monitoring reports for the common pool fishery are on 
our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, VMS catch 
reports, and other available information and, if necessary, we will 
make additional adjustments to common pool management measures.

Classification

    The NMFS Assistant Administrator has determined that this temporary 
rule is consistent with the Northeast Multispecies Fishery Management 
Plan, other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law.
    This action is exempt from the procedures of Executive Order 12866 
because this action contains no implementing regulations.
    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.
    There are several reasons that notice and comment are 
impracticable, unnecessary, and contrary to the public interest. First, 
the proposed and final rules for Framework 56 explained the possibility 
of minor adjustments and corrections because final allocations are not 
always available at the time of the rulemaking for the upcoming fishing 
year. These adjustments are routine and formulaic, required by 
regulation, and anticipated by industry. No comments were received on 
the potential for these adjustments, which provide an accurate 
accounting of the common pool's allocation.
    The regulations require the Regional Administrator to close a 
trimester TAC area to the common pool fishery when 90 percent of the 
Trimester TAC for a stock has been caught. Updated catch information 
only recently became available indicating that the common pool fishery 
is projected to have caught 123 percent of its Trimester 2 TAC for GB 
cod as of October 3, 2017. The time necessary to provide for prior 
notice and comment, and a 30-day delay in effectiveness, would prevent 
the immediate closure of the GB Cod Trimester TAC Area and prohibition 
of GB cod possession. Not closing the area immediately and prohibiting 
GB cod possession increases the likelihood that the common pool fishery 
will further exceed its trimester TAC, or exceed its annual quota, to 
the detriment of this stock, which could undermine management 
objectives of the Northeast Multispecies Fishery Management Plan. 
Additional overages would negatively affect the common pool fishery as 
a result of future overage paybacks or premature closures of the 
fishery.

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

    Dated: October 11, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-22347 Filed 10-11-17; 4:15 pm]
 BILLING CODE 3510-22-P