Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; Commercial Trip Limit Reduction for King Mackerel in the Atlantic Southern Zone, 45687-45688 [2019-18797]
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Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations
jspears on DSK3GMQ082PROD with RULES
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 14,
2018); OMB, M–18–03, Implementation
of Penalty Inflation Adjustments for
2018, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 15,
2017). Accordingly, this final rule
reflects the NTSB’s 2018 and 2019
annual inflation adjustments, which
were due on January 15, 2018 and
January 15, 2019, respectively. This
final rule updates the maximum civil
penalty established by the October 12,
2017 IFR.
No violations will be assessed at the
2018 inflation adjustment amount.
Nevertheless, the 2018 adjustment was
used to calculate the 2019 maximum
penalty amount, which ultimately
increased the maximum civil penalty
from $1,617 to $1,692.
II. The 2018 and 2019 Annual
Adjustments
The 2018 and 2019 annual
adjustments are calculated by
multiplying the applicable maximum
civil penalty amount by the cost-ofliving adjustment multiplier, which is
based on the Consumer Price Index
(CPI–U), and rounding to the nearest
dollar. OMB, M–19–04, Implementation
of Penalty Inflation Adjustments for
2019, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 14,
2018); OMB, M–18–03, Implementation
of Penalty Inflation Adjustments for
2018, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 15,
2017). The OMB annually publishes
guidance on the adjustment multiplier
to assist agencies in calculating the
mandatory annual adjustments for
inflation.
For the 2018 annual adjustment, the
December 15, 2017 OMB annual
guidance states that the cost-of-living
adjustment multiplier for 2018 is
1.02041. Multiplying $1,617 (the 2017
inflation adjustment amount) by
1.02041 equals $1,650.00297, which
rounded to the nearest dollar equals
$1,650. As explained above, no
violations will be assessed at this
amount.
For the 2019 adjustment, the
December 14, 2018 OMB annual
guidance states that the CPI–U
multiplier for 2019 is 1.02522.
Multiplying $1,650 (the 2018 inflation
adjustment amount) by 1.02522 equals
$1,691.613, which rounded to the
nearest dollar equals $1,692. This
updated maximum penalty applies only
to civil penalties assessed after the
effective date of this final rule. The next
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15:51 Aug 29, 2019
Jkt 247001
adjustment for inflation will be
calculated by January 15, 2020.
III. Regulatory Analysis
The Office of Information and
Regulatory Affairs (OIRA) Administrator
has determined agency regulations that
exclusively implement the annual
adjustment are consistent with OMB’s
annual guidance, and have an annual
impact of less than $100 million are
generally not significant regulatory
actions under Executive Order (E.O.)
12866. OMB, M–19–04, Implementation
of Penalty Inflation Adjustments for
2019, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 14,
2018). An assessment of its potential
costs and benefits under E.O. 12866,
Regulatory Planning and Review and
E.O. 13563, Improving Regulation and
Regulatory Review is not required
because this final rule is not a
‘‘significant regulatory action.’’
Likewise, this rule does not require
analyses under the Unfunded Mandates
Reform Act of 1995 and E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs because this final rule
is nonsignificant.
The NTSB does not anticipate this
rule will have a substantial direct effect
on state government or will preempt
state law. Accordingly, this rule does
not have implications for federalism
under E.O. 13132, Federalism.
This NTSB also evaluated this rule
under E.O. 13175, Consultation and
Coordination with Indian Tribal
Governments. The agency has
concluded that this final rule will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The Paperwork Reduction Act of 1995
is inapplicable because the final rule
imposes no new information reporting
or recordkeeping necessitating clearance
by OMB.
The Regulatory Flexibility Act of 1980
does not apply because, as a final rule,
this action is not subject to prior notice
and comment. See 5 U.S.C. 604(a).
The NTSB has concluded that this
final rule neither violates nor requires
further consideration under the
aforementioned Executive Orders and
acts.
List of Subjects in 49 CFR Part 831
Aircraft accidents, Aircraft incidents,
Aviation safety, Hazardous materials
transportation, Highway safety,
Investigations, Marine safety, Pipeline
safety, Railroad safety.
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45687
Accordingly, for the reasons stated in
the Preamble, the NTSB amends 49 CFR
part 831, as follows:
PART 831—INVESTIGATION
PROCEDURES
1. The authority citation for part 831
continues to read as follows:
■
Authority: 49 U.S.C. 1113(f).
Section 831.15 also issued under Pub. L.
101–410, 104 Stat. 890, amended by Pub. L.
114–74, sec. 701, 129 Stat. 584 (28 U.S.C.
2461 note).
§ 831.15
[Amended]
2. Amend § 831.15 by removing the
dollar amount ‘‘$1,617’’ and add in its
place ‘‘$1,692’’.
■
Robert L. Sumwalt, III,
Chairman.
[FR Doc. 2019–18780 Filed 8–29–19; 8:45 am]
BILLING CODE 7533–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160426363–7275–02]
RIN 0648–XS010
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; Commercial Trip Limit
Reduction for King Mackerel in the
Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
NMFS reduces the
commercial trip limit for Atlantic
migratory group king mackerel (Atlantic
king mackerel) in or from Federal waters
in the Atlantic southern zone off the
Florida east coast between the border of
Flagler and Volusia Counties and the
border of Miami-Dade and Monroe
Counties to 50 fish per day. This
commercial trip limit reduction is
necessary to protect the Atlantic king
mackerel resource.
DATES: This temporary rule is effective
from September 1, 2019, through
September 30, 2019.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
SUMMARY:
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45688
Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations
includes king mackerel, Spanish
mackerel, and cobia in the Gulf of
Mexico and off the east coast of Florida,
and is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights described for Atlantic migratory
group king mackerel (Atlantic king
mackerel) apply as either round or
gutted weight.
On April 11, 2017, NMFS published
a final rule to implement Amendment
26 to the FMP in the Federal Register
(82 FR 17387). Among other measures,
that final rule adjusted the management
boundaries, zones, and annual catch
limits for Atlantic king mackerel. The
commercial quota for Atlantic king
mackerel in the southern zone is
3,617,120 lb (1,640,698 kg) for the
current fishing year, March 1, 2019,
through February 29, 2020 (50 CFR
622.384(b)(2)(ii)). The seasonal quotas
in the southern zone are 2,170,272 lb
(984,419 kg) for the period March 1
through September 30 (50 CFR
622.384(b)(2)(ii)(A)), and 1,446,848 lb
(656,279 kg) for October 1 through the
end of February (50 CFR
622.384(b)(2)(ii)(B)).
The southern zone for Atlantic king
mackerel encompasses an area of
Federal waters south of a line extending
from the state border of North Carolina
and South Carolina, as specified in 50
CFR 622.2, and north of a line extending
due east from the border of Miami-Dade
and Monroe Counties, Florida (50 CFR
622.369(a)(2)(ii)). The area of the
southern zone in which this temporary
rule applies is in Federal waters south
of 29°25′ N lat., which is a line that
extends due east from the border of
Flagler and Volusia Counties, Florida,
and north of 25°20′24′ N lat., which is
a line that extends due east from the
border of Miami-Dade and Monroe
Counties, Florida (50 CFR
622.385(a)(1)(ii)).
From April 1 through September 30,
the commercial trip limit for Atlantic
king mackerel in Federal waters off the
east coast of Florida between the border
of Flagler and Volusia Counties, and the
border of Miami-Dade and Monroe
Counties that may be possessed on
board or landed from a federally
permitted vessel is 75 fish per day (50
CFR 622.385(a)(1)(ii)(B)). However, if
during this period NMFS determines
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15:51 Aug 29, 2019
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that 75 percent of the commercial quota
in the Atlantic southern zone specified
in 50 CFR 622.384(b)(2)(ii)(A) has been
harvested, then the commercial trip
limit for king mackerel in or from this
area that may be possessed on board or
landed from a federally permitted vessel
is reduced to 50 fish per day (50 CFR
622.385(a)(1)(ii)(B)).
NMFS has determined that for the
2019–2020 fishing year, 75 percent of
the March 1 through the September 30
commercial quota for Atlantic king
mackerel in the southern zone will be
harvested by September 1, 2019.
Accordingly, a 50-fish commercial trip
limit applies to vessels fishing for king
mackerel in or from Federal waters
south of 29°25′ N lat. and north of
25°20′24″ N lat. off the east coast of
Florida in the Atlantic southern zone
effective from September 1, 2019,
through September 30, 2019. On
October 1, 2019, the new seasonal
commercial quota will be in effect and
a commercial trip limit of 50 fish will
continue for this area.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of
Atlantic king mackerel and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR
622.385(a)(1)(ii)(B) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act, because the temporary rule is
issued without opportunity for prior
notice and comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this
commercial trip limit reduction
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), because prior notice
and opportunity for public comment on
this temporary rule is unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the commercial trip
limits has already been subject to notice
and comment, and all that remains is to
notify the public of the trip limit
reduction. Such procedures are contrary
to the public interest because of the
need to immediately implement this
action to protect the Atlantic king
mackerel stock. The capacity of the
fishing fleet allows for more rapid
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
harvest of the commercial quota under
the greater trip limit. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest in excess of the established
commercial quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action, pursuant to 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–18797 Filed 8–27–19; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180831813–9170–02]
RIN 0648–XG996
Fisheries of the Exclusive Economic
Zone Off Alaska; Sablefish 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 retention
of sablefish by vessels using trawl gear
and not participating in the cooperative
fishery of the Rockfish Program in the
Central Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
because the 2019 total allowable catch
of sablefish allocated to vessels using
trawl gear and not participating in the
cooperative fishery of the Rockfish
Program in the Central Regulatory Area
of the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 28, 2019,
through 2400 hours, A.l.t., December 31,
2019.
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
SUMMARY:
E:\FR\FM\30AUR1.SGM
30AUR1
Agencies
[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45687-45688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RIN 0648-XS010
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; Commercial Trip Limit Reduction for King Mackerel in
the Atlantic Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
-----------------------------------------------------------------------
SUMMARY: NMFS reduces the commercial trip limit for Atlantic migratory
group king mackerel (Atlantic king mackerel) in or from Federal waters
in the Atlantic southern zone off the Florida east coast between the
border of Flagler and Volusia Counties and the border of Miami-Dade and
Monroe Counties to 50 fish per day. This commercial trip limit
reduction is necessary to protect the Atlantic king mackerel resource.
DATES: This temporary rule is effective from September 1, 2019, through
September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish
[[Page 45688]]
includes king mackerel, Spanish mackerel, and cobia in the Gulf of
Mexico and off the east coast of Florida, and is managed under the
Fishery Management Plan for the Coastal Migratory Pelagic Resources of
the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by
the Gulf of Mexico and South Atlantic Fishery Management Councils and
is implemented by NMFS under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All weights described for Atlantic
migratory group king mackerel (Atlantic king mackerel) apply as either
round or gutted weight.
On April 11, 2017, NMFS published a final rule to implement
Amendment 26 to the FMP in the Federal Register (82 FR 17387). Among
other measures, that final rule adjusted the management boundaries,
zones, and annual catch limits for Atlantic king mackerel. The
commercial quota for Atlantic king mackerel in the southern zone is
3,617,120 lb (1,640,698 kg) for the current fishing year, March 1,
2019, through February 29, 2020 (50 CFR 622.384(b)(2)(ii)). The
seasonal quotas in the southern zone are 2,170,272 lb (984,419 kg) for
the period March 1 through September 30 (50 CFR 622.384(b)(2)(ii)(A)),
and 1,446,848 lb (656,279 kg) for October 1 through the end of February
(50 CFR 622.384(b)(2)(ii)(B)).
The southern zone for Atlantic king mackerel encompasses an area of
Federal waters south of a line extending from the state border of North
Carolina and South Carolina, as specified in 50 CFR 622.2, and north of
a line extending due east from the border of Miami-Dade and Monroe
Counties, Florida (50 CFR 622.369(a)(2)(ii)). The area of the southern
zone in which this temporary rule applies is in Federal waters south of
29[deg]25' N lat., which is a line that extends due east from the
border of Flagler and Volusia Counties, Florida, and north of
25[deg]20'24' N lat., which is a line that extends due east from the
border of Miami-Dade and Monroe Counties, Florida (50 CFR
622.385(a)(1)(ii)).
From April 1 through September 30, the commercial trip limit for
Atlantic king mackerel in Federal waters off the east coast of Florida
between the border of Flagler and Volusia Counties, and the border of
Miami-Dade and Monroe Counties that may be possessed on board or landed
from a federally permitted vessel is 75 fish per day (50 CFR
622.385(a)(1)(ii)(B)). However, if during this period NMFS determines
that 75 percent of the commercial quota in the Atlantic southern zone
specified in 50 CFR 622.384(b)(2)(ii)(A) has been harvested, then the
commercial trip limit for king mackerel in or from this area that may
be possessed on board or landed from a federally permitted vessel is
reduced to 50 fish per day (50 CFR 622.385(a)(1)(ii)(B)).
NMFS has determined that for the 2019-2020 fishing year, 75 percent
of the March 1 through the September 30 commercial quota for Atlantic
king mackerel in the southern zone will be harvested by September 1,
2019. Accordingly, a 50-fish commercial trip limit applies to vessels
fishing for king mackerel in or from Federal waters south of 29[deg]25'
N lat. and north of 25[deg]20'24'' N lat. off the east coast of Florida
in the Atlantic southern zone effective from September 1, 2019, through
September 30, 2019. On October 1, 2019, the new seasonal commercial
quota will be in effect and a commercial trip limit of 50 fish will
continue for this area.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Atlantic king mackerel and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.385(a)(1)(ii)(B) and is
exempt from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act, because the temporary rule is issued without
opportunity for prior notice and comment.
This action responds to the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this commercial trip limit reduction
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), because prior notice and opportunity for
public comment on this temporary rule is unnecessary and contrary to
the public interest. Such procedures are unnecessary because the rule
establishing the commercial trip limits has already been subject to
notice and comment, and all that remains is to notify the public of the
trip limit reduction. Such procedures are contrary to the public
interest because of the need to immediately implement this action to
protect the Atlantic king mackerel stock. The capacity of the fishing
fleet allows for more rapid harvest of the commercial quota under the
greater trip limit. Prior notice and opportunity for public comment
would require time and could potentially result in a harvest in excess
of the established commercial quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of this action, pursuant to 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18797 Filed 8-27-19; 4:15 pm]
BILLING CODE 3510-22-P