Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Trawl Catcher Vessels in the Central Regulatory Area of the Gulf of Alaska, 43999-44000 [2018-18727]
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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations
electronic signature is the legally
binding equivalent of his or her
handwritten signature.
(b) System security. Railroads using
an automated recordkeeping system
must protect the integrity of the system
by the use of an employee identification
number and password, or a comparable
method, to establish appropriate levels
of program access meeting all of the
following standards:
(1) Data input is restricted to the
employee or train crew or signal gang
whose time is being recorded, except
that an eligible smaller railroad, or a
contractor or subcontractor to such a
railroad, may pre-populate fields of the
hours of service record provided that—
(i) The eligible smaller railroad, or its
contractor or subcontractor, prepopulates fields of the hours of service
record with information the railroad, or
its contractor or subcontractor knows is
factually accurate for a specific
employee.
(ii) The recordkeeping system may
allow employees to copy data from one
field of a record into another field,
where applicable.
(iii) The eligible smaller railroad, or
its contractor or subcontractor does not
use estimated, historical, or arbitrary
information to pre-populate any field of
an hours of service record.
(iv) An eligible smaller railroad, or a
contractor or a subcontractor to such a
railroad, is not in violation of paragraph
(b)(1) of this section if it makes a good
faith judgment as to the factual accuracy
of the data for a specific employee but
nevertheless errs in pre-populating a
data field.
(v) The employee may make any
necessary changes to the data by typing
into the field without having to access
another screen or obtain clearance from
railroad, or contractor or subcontractor
to the railroad.
(2) No two individuals have the same
electronic signature.
(3) No individual can delete or alter
a record after the employee who created
the record electronically signs the
record.
(4) Any amendment to a record is
either:
(i) Electronically stored apart from the
record that it amends; or
(ii) Electronically attached to the
record as information without changing
the original record.
(5) Each amendment to a record
uniquely identifies the individual
making the amendment.
(6) The automated system maintains
the records as originally submitted
without corruption or loss of data.
Beginning August 29, 2018, an eligible
smaller railroad must retain back-up
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16:05 Aug 28, 2018
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data storage for its automated records
for the quarters prescribed in the
following table for the time specified in
§ 228.9(c)(3), to be updated within 30
days of the end of each prescribed
quarter—
records matching the criteria specified
in a search.
■ 9. In § 228.207, revise paragraphs
(b)(1)(iii)(B) and (c)(1)(i) to read as
follows:
§ 228.207
Quarter 1 ........
Quarter 2 ........
Quarter 3 ........
Quarter 4 ........
January 1 through March 31.
April 1 through June 30.
July 1 through September
30.
October 1 through December 31.
(7) Supervisors and crew management
officials can access, but cannot delete or
alter, the records of any employee after
the employee electronically signs the
record.
(c) Identification of the individual
entering data. If a given record contains
data entered by more than one
individual, the record must identify
each individual who entered specific
information within the record and the
data the individual entered.
(d) Search capabilities. The
automated recordkeeping system must
store records using the following criteria
so all records matching the selected
criteria are retrieved from the same
location:
(1) Date (month and year);
(2) Employee name or identification
number; and
(3) Electronically signed records
containing one or more instances of
excess service, including duty tours in
excess of 12 hours.
(e) Access to records. An eligible
smaller railroad, or contractor or
subcontractor providing covered service
employees to such a railroad, must
provide access to its hours of service
records under subpart B that are created
and maintained in its automated
recordkeeping system to FRA inspectors
and State inspectors participating under
49 CFR part 212, subject to the
following requirements:
(1) Access to records created and
maintained in the automated
recordkeeping system must be obtained
as required by § 228.9(c)(4);
(2) An eligible smaller railroad must
establish and comply with procedures
for providing an FRA inspector or
participating State inspector with access
to the system upon request and must
provide access to the system as soon as
possible but not later than 24 hours after
a request for access;
(3) Each data field entered by an
employee on the input screen must be
visible to the FRA inspector or
participating State inspector; and
(4) The data fields must be searchable
as described in paragraph (d) of this
section and must yield access to all
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43999
Training.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) * * *
(B) The entry of hours of service data,
into the electronic system or automated
system or on the appropriate paper
records used by the railroad or
contractor or subcontractor to a railroad
for which the employee performs
covered service; and
*
*
*
*
*
(c) * * *
(1) * * *
(i) Emphasize any relevant changes to
the hours of service laws, the recording
and reporting requirements in subparts
B and D of this part, or the electronic,
automated, or manual recordkeeping
system of the railroad or contractor or
subcontractor to a railroad for which the
employee performs covered service
since the employee last received
training; and
*
*
*
*
*
Issued in Washington, DC.
Ronald Louis Batory,
Administrator.
[FR Doc. 2018–18639 Filed 8–28–18; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 107816769–8162–02]
RIN 0648–XG396
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Trawl
Catcher Vessels 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:
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the annual allowance
of the 2018 Pacific cod total allowable
catch apportioned to trawl catcher
SUMMARY:
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44000
Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
vessels in the Central Regulatory Area of
the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), September 1, 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
fisheries appear at subpart B of 50 CFR
part 680.
The annual allowance of the 2018
Pacific cod total allowable catch (TAC)
apportioned to trawl catcher vessels in
the Central Regulatory Area of the GOA
not participating in the cooperative
fishery of the Rockfish Program is 2,275
metric tons (mt), as established by the
final 2018 and 2019 harvest
specifications for groundfish of the GOA
(83 FR 8768, March 1, 2018).
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16:05 Aug 28, 2018
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In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the annual allowance of
the 2018 Pacific cod TAC apportioned
to trawl catcher vessels 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 2,275 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 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
catcher vessels using trawl 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. This closure does not
apply to fishing by vessels participating
in the cooperative fishery of the
Rockfish Program for the Central GOA.
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 catcher vessels using
trawl 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 August 22, 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.
Classification
Dated: August 24, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
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
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Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 2018–18727 Filed 8–28–18; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43999-44000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18727]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 107816769-8162-02]
RIN 0648-XG396
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
by Trawl Catcher Vessels 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
catcher vessels using trawl gear in the Central Regulatory Area of the
Gulf of Alaska (GOA). This action is necessary to prevent exceeding the
annual allowance of the 2018 Pacific cod total allowable catch
apportioned to trawl catcher
[[Page 44000]]
vessels in the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1,
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 fisheries appear at subpart B of 50 CFR
part 680.
The annual allowance of the 2018 Pacific cod total allowable catch
(TAC) apportioned to trawl catcher vessels in the Central Regulatory
Area of the GOA not participating in the cooperative fishery of the
Rockfish Program is 2,275 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 annual
allowance of the 2018 Pacific cod TAC apportioned to trawl catcher
vessels 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 2,275 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
catcher vessels using trawl 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. This closure
does not apply to fishing by vessels participating in the cooperative
fishery of the Rockfish Program for the Central GOA.
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 catcher
vessels using trawl 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
August 22, 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: August 24, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-18727 Filed 8-28-18; 8:45 am]
BILLING CODE 3510-22-P