Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of Alaska, 27518-27519 [2018-12702]
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Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations
delaying its effectiveness by at least
several months, would be impracticable
and contrary to the public interest. The
good cause exception to the notice and
comment procedures of the
Administrative Procedures Act ‘‘excuses
notice and comment in emergency
situations, or where delay could result
in serious harm.’’
20. Given the emergency situation and
the devastation to communications
networks caused by the hurricanes, the
sooner providers receive additional
funds, the sooner service can be restored
to the people of Puerto Rico and the
U.S. Virgin Islands. As noted above,
Hurricane Maria was a once-in-acentury storm that caused devastating
damage. Even after months of recovery
efforts, ‘‘the majority of citizens in
Puerto Rico lack access to continuous
and reliable telecommunications
services.’’ Similarly, ‘‘only a small
percentage of Viya’s wireline customers
have had their voice, broadband, and
cable service restored, and there are still
significant gaps in Viya’s USVI wireless
coverage.’’ Voice and broadbandcapable networks, of course, serve
important public safety goals (including
allowing the public to quickly notify
first responders of emergencies). And
the next hurricane season commences
on June 1, 2018. Delaying these funds
could result in serious harm if carriers
are not able to restore and fortify their
service before the start of the next
hurricane season. Such efforts will take
significant time, and the Commission
wishes to help the carriers proceed as
rapidly as possible.
21. The Commission is also concerned
that some carriers might choose cheaper
restoration plans that leave equipment
vulnerable to another hurricane over
more costly restoration plans that better
protect against future natural disasters.
Further, unlike other affected areas,
Puerto Rico and the U.S. Virgin Islands
have struggled to restore electrical
power. One provider explains that
‘‘[t]he principal cause of
communications outages and network
unreliability in Puerto Rico
undoubtedly has been the continued
lack of commercial power and long-term
reliance on backup generators.’’ Based
on these unique circumstances, the
Commission finds that the need for
rapid action provides good cause for
forgoing the usual administrative
procedures in this unique situation.
22. The Commission further finds
good cause to make this relief effective
immediately upon publication in the
Federal Register. ‘‘In determining
whether good cause exists, an agency
should ‘balance the necessity for
immediate implementation against
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principles of fundamental fairness
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling.’ ’’ This interim relief imposes no
regulatory burden on any carrier but
merely offers funds to help their
restoration efforts. The Commission
therefore does not believe it would
violate fundamental fairness to make the
action effective immediately,
particularly given the substantial need
for immediate implementation of the
relief, which only exists during calendar
year 2018. Indeed, waiting 30 days to
make this relief available ‘‘would
undermine the public interest by
delaying’’ restoration of service in
hurricane-ravaged areas.
23. Finally, given the urgent need to
bring service back to pre-hurricane
levels as soon as possible, the
Commission finds good cause to extend
its previous waiver of § 54.313(c)(4) of
the Commission’s rules, which requires
carriers receiving frozen support to
certify that all support is used ‘‘to build
and operate broadband-capable
networks used to offer the provider’s
own retail broadband service in areas
substantially unserved by an
unsubsidized competitor.’’
IV. Procedural Matters
24. This document does not contain
new information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
B. Congressional Review Act
25. The Commission will send a copy
of this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A).
26. Final Regulatory Flexibility
Certification. Because the Order relies
upon the good cause exception to notice
and comment procedures, no final
regulatory flexibility analysis is required
under 5 U.S.C. 604.
V. Ordering Clauses
27. Accordingly, it is ordered,
pursuant to the authority contained in
sections 4(i), 214, 254, 303(r), and 403
of the Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 214, 254,
303(r), and 403, and §§ 1.1, 1.3, and
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Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018–12488 Filed 6–12–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG285
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Jig Gear in the Central
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
A. Paperwork Reduction Act
PO 00000
1.412 of the Commission’s rules, 47 CFR
1.1, 1.3, and 1.412, that this Order is
adopted. The Order is effective upon
publication in the Federal Register.
28. It is further ordered that, pursuant
to § 1.3 of the Commission’s rules, 47
CFR 1.3, that § 54.313(c)(4) of the
Commission’s rules, 47 CFR
54.313(c)(4), is waived to the extent
described in this document.
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
jig gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the
2018 Pacific cod total allowable catch
apportioned to vessels using jig gear in
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), June 10, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
SUMMARY:
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Federal Register / Vol. 83, No. 114 / Wednesday, June 13, 2018 / Rules and Regulations
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fisheries appear at subpart B of 50 CFR
part 680.
The 2018 Pacific cod total allowable
catch (TAC) apportioned to vessels
using jig gear in the Central Regulatory
Area of the GOA is 61 metric tons (mt),
as established by the final 2018 and
2019 harvest specifications for
groundfish of the GOA (83 FR 8768,
March 1, 2018).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the 2018 Pacific cod
TAC apportioned to vessels using jig
gear in the Central Regulatory Area of
the GOA is necessary to account for the
incidental catch in other anticipated
fisheries. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 0 mt and is setting
aside the remaining 61 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
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fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
vessels using jig gear in the Central
Regulatory Area of the GOA. While this
closure is effective the maximum
retainable amounts at § 679.20(e) and (f)
apply at any time during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
PO 00000
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27519
Pacific cod by vessels using jig gear in
the Central Regulatory Area of the GOA.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of June 7,
2018.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 8, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–12702 Filed 6–8–18; 4:15 pm]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 83, Number 114 (Wednesday, June 13, 2018)]
[Rules and Regulations]
[Pages 27518-27519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12702]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170816769-8162-02]
RIN 0648-XG285
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Vessels Using Jig Gear in the Central Regulatory Area of the Gulf of
Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by
vessels using jig gear in the Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary to prevent exceeding the 2018
Pacific cod total allowable catch apportioned to vessels using jig gear
in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), June 10, 2018,
through 2400 hours, A.l.t., December 31, 2018.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Gulf of Alaska (FMP) prepared by the North
Pacific Fishery Management Council under authority of the Magnuson-
Stevens Fishery Conservation and Management Act. Regulations governing
fishing by U.S. vessels in accordance with the FMP appear at subpart H
of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard
protections for GOA groundfish
[[Page 27519]]
fisheries appear at subpart B of 50 CFR part 680.
The 2018 Pacific cod total allowable catch (TAC) apportioned to
vessels using jig gear in the Central Regulatory Area of the GOA is 61
metric tons (mt), as established by the final 2018 and 2019 harvest
specifications for groundfish of the GOA (83 FR 8768, March 1, 2018).
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator) has determined that the 2018
Pacific cod TAC apportioned to vessels using jig gear in the Central
Regulatory Area of the GOA is necessary to account for the incidental
catch in other anticipated fisheries. Therefore, the Regional
Administrator is establishing a directed fishing allowance of 0 mt and
is setting aside the remaining 61 mt as bycatch to support other
anticipated groundfish fisheries. In accordance with Sec.
679.20(d)(1)(iii), the Regional Administrator finds that this directed
fishing allowance has been reached. Consequently, NMFS is prohibiting
directed fishing for Pacific cod by vessels using jig gear in the
Central Regulatory Area of the GOA. While this closure is effective the
maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay the directed fishing closure of Pacific cod by vessels
using jig gear in the Central Regulatory Area of the GOA. NMFS was
unable to publish a notice providing time for public comment because
the most recent, relevant data only became available as of June 7,
2018.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon the reasons provided above for waiver of prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 8, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-12702 Filed 6-8-18; 4:15 pm]
BILLING CODE 3510-22-P