Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida, 52330-52332 [2018-22647]

Download as PDF 52330 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES 7.4.2 Activation Customers must enroll for PFS-Local and pay the annual enrollment fee online via USPS.com at www.usps.com/ manage/forward.htm for residential/ individual boxholders or the Business Customer Gateway at https:// gateway.usps.com/eAdmin/view/signin for business/organization boxholders. Customers must specify the active P.O. Box, a deliverable destination address, and frequency (Monday through Saturday). Service is activated electronically, upon receipt of an email confirmation. 7.4.3 Conditions Only the residential/individual use P.O. Box customer or authorized recipient (or legal agent) of a business’ (or organization’s) P.O. Box mail that is on file may activate the request for PFSLocal service. PFS-Local service is subject to these conditions: a. Customers must pay an annual enrollment fee per P.O. Box to establish service. The enrollment fee is refundable only if the request is denied. b. The annual enrollment and reshipment fees are paid using a credit card for residential/individual use P.O. Box customers or a permit linked to the Enterprise Payment System (EPS) account for commercial customers. c. The reshipment fee is charged for each reshipment container. Customers may request reshipments Monday through Saturday. d. If no mail is collected for reshipment on a designated frequency day, no reshipment fee is charged. e. Any mailpiece arriving postage due is charged using the customer’s postage due account prior to delivery. If no account exists, the appropriate postage due is collected upon delivery. f. A business must keep a postage-due merchandise return service (MRS) account or business reply mail (BRM) account at the originating postal facility where the P.O. Box or business street address is located. Any short paid, MRS, or BRM pieces will be charged to the mailer’s account prior to reshipment. g. Any mailpiece indicating surface only transportation such as Label 127, Surface Mail only, or bears other hazardous materials markings such as ‘‘Consumer Commodity ORM–D’’ is not included in the reshipment and a delivery notice will be provided in the PFS-Local reshipment. h. Mailpieces that do not fit in the reshipment container, or that require a scan or signature, will be scanned (when applicable) and recorded on a firm sheet (Form 3883–A) for delivery in the PFS-Local reshipment upon signature of Form 3849. VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 i. Some mailpieces may be reshipped separately from the PFS-Local shipment to the customer’s deliverable physical street address. j. Customers may cancel their PFSLocal service effective 24 hours after the USPS receives the customer’s request for cancellation through USPS.com or the Business Customer Gateway. The customer must pay all reshipment fees as applicable for any reshipments already scheduled before cancellation of service is made effective. k. USPS may cancel a customer’s PFSLocal service request effective 24 hours after the customer receives written notice of cancellation from the serving Post Office. Cancellation is based upon the customer‘s failure to pay the fees, failure to meet the standards for PFSLocal service, or when there is substantial reason to believe that the service is being or will be used for unlawful activities (in this case, cancellation within less than 24-hours may be granted by USPS). The customer may appeal this cancellation of services to the Manager, Post Office Operations, but must pay for all reshipment fees as applicable for any service provided during the appeal period. 7.4.4 PFS-Local is not available for: a. Customers who have an active change-of-address (COA) (temporary or permanent). b. Customers who have an active Hold Mail Authorization (Form 8076). Mail that has previously been held at the primary P.O. Box address cannot be included in the reshipments. c. Customers who have a no-fee Group E P.O. Box. d. Customers whose primary P.O. Box address is a central point to which the USPS provides delivery in bulk to a third party, such as a commercial mail receiving agency (CMRA). e. Customers whose primary address or temporary address is an APO/FPO or DPO. f. Customers whose address is within the 969 3-digit ZIP Code area or is otherwise in a U.S. territory or possession that requires a customs declaration. g. Customers who have an active PFSResidential or PFS-Commercial order. * * * * * 600 Basic Standards for All Mailing Services 601 Mailability 1.0 General Standards * * PO 00000 Frm 00026 * Fmt 4700 Notice 123 (Price List) [Revise competitive prices as applicable.] * * * * * We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes. Ruth B. Stevenson, Attorney, Federal Compliance. [FR Doc. 2018–22474 Filed 10–16–18; 8:45 am] BILLING CODE 7710–12–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 Prohibited Use * 1.2 Overweight Items [Revise 1.2 by adding a new last sentence to read as follows:] * * * Unless the item is picked up at the same facility where it was entered, an Overweight item charge of $100 will be assessed and must be paid by any authorized retail payment method or through the Enterprise Payment System, before release of the item. * * * * * * Sfmt 4700 [Docket Nos. 090206140–91081–03 and 120405260–4258–02] RIN 0648–XG550 Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; determination of catastrophic conditions. AGENCY: In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting programs specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that Hurricane Michael has caused catastrophic conditions in multiple counties. This temporary rule announcing the determination of catastrophic conditions and authorization to use alternative methods for completing required IFQ and other dealer reporting administrative functions is intended to facilitate continuation of IFQ and dealer reporting SUMMARY: E:\FR\FM\17OCR1.SGM 17OCR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations operations during the period of catastrophic conditions. NMFS will continue to monitor and evaluate conditions and a subsequent Federal Register document will be published, if needed to address any changes. DATES: The RA is authorizing Federal dealers and IFQ dealers in the affected area to use revised reporting methods from October 12, 2018, through November 21, 2018. FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866–425– 7627, fax: 727–824–5308, email: SER– IFQ.Support@noaa.gov. For Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305–361–4581. SUPPLEMENTARY INFORMATION: NMFS has determined that Hurricane Michael has caused catastrophic conditions in the following counties: Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell County, Alabama. Consistent with those regulations, the RA has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NOAA Fisheries from October 12, 2018, through November 21, 2018. The RA has also authorized IFQ dealers within this affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions, from October 12, 2018, through November 21, 2018. The reef fish fishery of the Gulf is managed under the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico, prepared by the Gulf of Mexico Fishery Management Council (Gulf Council). The CMP fishery (king mackerel, Spanish mackerel, and cobia) is managed under the FMP for CMP Resources in the Gulf of Mexico and Atlantic Region, prepared by the Gulf Council and South Atlantic Fishery Management Council. Both FMPs are implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Generic Dealer Amendment established Federal dealer reporting requirements for federally permitted dealers in the Gulf and South Atlantic (79 FR 19490; April 9, 2014). Amendment 26 to the FMP established an IFQ program for the commercial red snapper component of the Gulf reef fish VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 fishery (71 FR 67447; November 22, 2006). Amendment 29 to the FMP established an IFQ program for the commercial grouper and tilefish components of the Gulf reef fish fishery (74 FR 44732; August 31, 2009). Regulations implementing these IFQ programs (50 CFR 622.21 and 622.22) and the dealer reporting requirements (50 CFR 622.5(c)) require that Federal dealers and IFQ participants have access to a computer and internet and that they conduct administrative functions associated with dealer reporting and the IFQ program, e.g., landing transactions, online. However, these regulations also specify that during catastrophic conditions, as determined by the RA, the RA may waive or modify the reporting time requirements for dealers and authorize IFQ participants to use paper-based forms to complete administrative functions for the duration of the catastrophic conditions. The RA must determine that catastrophic conditions exist, specify the duration of the catastrophic conditions, and specify which participants or geographic areas are deemed affected. Hurricane Michael made landfall in the U.S. near Mexico Beach, Florida, in the Gulf as a Category 4 hurricane on October 10, 2018. Strong winds and flooding from this hurricane impacted communities throughout Florida’s panhandle region and coastal Alabama, resulting in power outages and damage to homes, businesses, and infrastructure. As a result, the RA has determined that catastrophic conditions exist in the following counties along the Gulf: Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell County, Alabama. Through this temporary rule, the RA is authorizing Federal dealers in this affected area to delay reporting of trip tickets to NOAA Fisheries and IFQ dealers in this affected area to use paper-based forms, from October 12, 2018, through November 21, 2018. NMFS will provide additional notification to affected dealers via NOAA Weather Radio, Fishery Bulletins, and other appropriate means. NOAA Fisheries will continue to monitor and re-evaluate the areas and duration of the catastrophic conditions, as necessary. Dealers may delay electronic reporting of trip tickets to NMFS during catastrophic conditions. Dealers are to PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 52331 report all landings to NMFS as soon as possible. Assistance for Federal dealers in effected area is available from the Fisheries Monitoring Branch at 1–305– 361–4581. NMFS previously provided IFQ dealers with the necessary paper forms (sequentially coded) and instructions for submission in the event of catastrophic conditions. Paper forms are also available from the RA upon request. The electronic systems for submitting information to NMFS will continue to be available to all dealers, and dealers in the affected area are encouraged to continue using these systems, if accessible. The administrative program functions available to IFQ dealers in the area affected by catastrophic conditions will be limited under the paper-based system. There will be no mechanism for transfers of IFQ shares or allocation under the paper-based system in effect during catastrophic conditions. Assistance in complying with the requirements of the paper-based system will be available via the Catch Share Support line, 1–866–425–7627 Monday through Friday, between 8 a.m. and 4:30 p.m., Eastern Time. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of reef fish and CMP species managed under the Gulf IFQ Programs and the Federal dealer reporting programs, as applicable, and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.5(c)(iii), 622.21(a)(3)(iii), and 622.22(a)(3)(iii), and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because this temporary rule is issued without opportunity for prior notice and comment. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule. Such procedures are unnecessary because the final rules implementing the Gulf IFQ programs and the Gulf and Atlantic Federal dealer reporting have already been subject to notice and public comment. These rules authorize the RA to determine when catastrophic conditions exist, and which participants or geographic areas are deemed affected by catastrophic conditions. The final rules also authorize the RA to provide timely notice to affected participants via publication of notification in the Federal Register, NOAA Weather Radio, E:\FR\FM\17OCR1.SGM 17OCR1 52332 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations Fishery Bulletins, and other appropriate means. All that remains is to notify the public that catastrophic conditions exist and that paper forms may be utilized by IFQ dealers in the affected area and that Federal dealers may submit delayed reports. Additionally, delaying this temporary rule to provide prior notice and opportunity for public comment would be contrary to the public interest because affected dealers are still fishing for and receiving these species in the affected area and need a means of completing their landing transactions. With the power outages and damages to infrastructure that have occurred in the affected area due to Hurricane Michael, numerous businesses are unable to complete landings transactions and dealer reports electronically. In order to continue with their businesses, IFQ dealers need to be aware they can still complete landing transactions and dealer reports using the paper forms. 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). Authority: 16 U.S.C. 1801 et seq. Dated: October 12, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–22647 Filed 10–12–18; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170816769–8162–02] RIN 0648–XG528 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and daltland on DSKBBV9HB2PROD with RULES AGENCY: VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2018 total allowable catch of pollock for Statistical Area 610 in the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 13, 2018, through 2400 hours, A.l.t., December 31, 2018. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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. The 2018 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 30,799 metric tons (mt) as established by the final 2018 and 2019 harvest specifications for groundfish in the GOA (83 FR 8768, March 1, 2018) and one in-season adjustment (83 FR 42609, August 23, 2018). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2018 TAC of pollock in Statistical Area 610 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 30,699 mt and is setting aside the remaining 100 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 SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 9990 directed fishing for pollock in Statistical Area 610 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 closure of directed fishing for pollock in Statistical Area 610 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 October 11, 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: October 12, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–22642 Filed 10–12–18; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\17OCR1.SGM 17OCR1

Agencies

[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52330-52332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22647]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket Nos. 090206140-91081-03 and 120405260-4258-02]
RIN 0648-XG550


Authorization of Revised Reporting Requirements Due to 
Catastrophic Conditions for Federal Seafood Dealers and Individual 
Fishing Quota Dealers in Portions of Florida

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

ACTION: Temporary rule; determination of catastrophic conditions.

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

SUMMARY: In accordance with the regulations implementing the individual 
fishing quota (IFQ) and Federal dealer reporting programs specific to 
the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the 
coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional 
Administrator (RA), Southeast Region, NMFS has determined that 
Hurricane Michael has caused catastrophic conditions in multiple 
counties. This temporary rule announcing the determination of 
catastrophic conditions and authorization to use alternative methods 
for completing required IFQ and other dealer reporting administrative 
functions is intended to facilitate continuation of IFQ and dealer 
reporting

[[Page 52331]]

operations during the period of catastrophic conditions. NMFS will 
continue to monitor and evaluate conditions and a subsequent Federal 
Register document will be published, if needed to address any changes.

DATES: The RA is authorizing Federal dealers and IFQ dealers in the 
affected area to use revised reporting methods from October 12, 2018, 
through November 21, 2018.

FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866-
425-7627, fax: 727-824-5308, email: [email protected]. For 
Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305-
361-4581.

SUPPLEMENTARY INFORMATION: NMFS has determined that Hurricane Michael 
has caused catastrophic conditions in the following counties: Bay, 
Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, 
Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa 
Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, 
Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, 
Lee, Macon, and Russell County, Alabama. Consistent with those 
regulations, the RA has authorized any dealer in the affected area who 
does not have access to electronic reporting to delay reporting of trip 
tickets to NOAA Fisheries from October 12, 2018, through November 21, 
2018. The RA has also authorized IFQ dealers within this affected area 
to use paper-based forms, if necessary, for basic required 
administrative functions, e.g., landing transactions, from October 12, 
2018, through November 21, 2018.
    The reef fish fishery of the Gulf is managed under the Fishery 
Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico, 
prepared by the Gulf of Mexico Fishery Management Council (Gulf 
Council). The CMP fishery (king mackerel, Spanish mackerel, and cobia) 
is managed under the FMP for CMP Resources in the Gulf of Mexico and 
Atlantic Region, prepared by the Gulf Council and South Atlantic 
Fishery Management Council. Both FMPs are implemented through 
regulations at 50 CFR part 622 under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
    The Generic Dealer Amendment established Federal dealer reporting 
requirements for federally permitted dealers in the Gulf and South 
Atlantic (79 FR 19490; April 9, 2014). Amendment 26 to the FMP 
established an IFQ program for the commercial red snapper component of 
the Gulf reef fish fishery (71 FR 67447; November 22, 2006). Amendment 
29 to the FMP established an IFQ program for the commercial grouper and 
tilefish components of the Gulf reef fish fishery (74 FR 44732; August 
31, 2009). Regulations implementing these IFQ programs (50 CFR 622.21 
and 622.22) and the dealer reporting requirements (50 CFR 622.5(c)) 
require that Federal dealers and IFQ participants have access to a 
computer and internet and that they conduct administrative functions 
associated with dealer reporting and the IFQ program, e.g., landing 
transactions, online. However, these regulations also specify that 
during catastrophic conditions, as determined by the RA, the RA may 
waive or modify the reporting time requirements for dealers and 
authorize IFQ participants to use paper-based forms to complete 
administrative functions for the duration of the catastrophic 
conditions. The RA must determine that catastrophic conditions exist, 
specify the duration of the catastrophic conditions, and specify which 
participants or geographic areas are deemed affected.
    Hurricane Michael made landfall in the U.S. near Mexico Beach, 
Florida, in the Gulf as a Category 4 hurricane on October 10, 2018. 
Strong winds and flooding from this hurricane impacted communities 
throughout Florida's panhandle region and coastal Alabama, resulting in 
power outages and damage to homes, businesses, and infrastructure. As a 
result, the RA has determined that catastrophic conditions exist in the 
following counties along the Gulf: Bay, Calhoun, Dixie, Escambia, 
Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, 
Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, 
Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, 
Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell 
County, Alabama. Through this temporary rule, the RA is authorizing 
Federal dealers in this affected area to delay reporting of trip 
tickets to NOAA Fisheries and IFQ dealers in this affected area to use 
paper-based forms, from October 12, 2018, through November 21, 2018. 
NMFS will provide additional notification to affected dealers via NOAA 
Weather Radio, Fishery Bulletins, and other appropriate means. NOAA 
Fisheries will continue to monitor and re-evaluate the areas and 
duration of the catastrophic conditions, as necessary.
    Dealers may delay electronic reporting of trip tickets to NMFS 
during catastrophic conditions. Dealers are to report all landings to 
NMFS as soon as possible. Assistance for Federal dealers in effected 
area is available from the Fisheries Monitoring Branch at 1-305-361-
4581. NMFS previously provided IFQ dealers with the necessary paper 
forms (sequentially coded) and instructions for submission in the event 
of catastrophic conditions. Paper forms are also available from the RA 
upon request. The electronic systems for submitting information to NMFS 
will continue to be available to all dealers, and dealers in the 
affected area are encouraged to continue using these systems, if 
accessible.
    The administrative program functions available to IFQ dealers in 
the area affected by catastrophic conditions will be limited under the 
paper-based system. There will be no mechanism for transfers of IFQ 
shares or allocation under the paper-based system in effect during 
catastrophic conditions. Assistance in complying with the requirements 
of the paper-based system will be available via the Catch Share Support 
line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30 
p.m., Eastern Time.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
reef fish and CMP species managed under the Gulf IFQ Programs and the 
Federal dealer reporting programs, as applicable, and is consistent 
with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.5(c)(iii), 622.21(a)(3)(iii), 
and 622.22(a)(3)(iii), and is exempt from review under Executive Order 
12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because this temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the 
final rules implementing the Gulf IFQ programs and the Gulf and 
Atlantic Federal dealer reporting have already been subject to notice 
and public comment. These rules authorize the RA to determine when 
catastrophic conditions exist, and which participants or geographic 
areas are deemed affected by catastrophic conditions. The final rules 
also authorize the RA to provide timely notice to affected participants 
via publication of notification in the Federal Register, NOAA Weather 
Radio,

[[Page 52332]]

Fishery Bulletins, and other appropriate means. All that remains is to 
notify the public that catastrophic conditions exist and that paper 
forms may be utilized by IFQ dealers in the affected area and that 
Federal dealers may submit delayed reports. Additionally, delaying this 
temporary rule to provide prior notice and opportunity for public 
comment would be contrary to the public interest because affected 
dealers are still fishing for and receiving these species in the 
affected area and need a means of completing their landing 
transactions. With the power outages and damages to infrastructure that 
have occurred in the affected area due to Hurricane Michael, numerous 
businesses are unable to complete landings transactions and dealer 
reports electronically. In order to continue with their businesses, IFQ 
dealers need to be aware they can still complete landing transactions 
and dealer reports using the paper forms.
    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).

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

    Dated: October 12, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-22647 Filed 10-12-18; 4:15 pm]
 BILLING CODE 3510-22-P


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