Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin Sole for Vessels Participating in the BSAI Trawl Limited Access Sector Fishery in the Bering Sea and Aleutian Islands Management Area, 30851-30852 [2020-11015]
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Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Rules and Regulations
Sections 601–604. In its final rule, the
agency must either include a final
regulatory flexibility analysis, section
604(a), or certify that the proposed rule
would not have a ‘‘significant impact on
a substantial number of small entities,’’
section 605(b). The ‘‘impact’’ must be a
direct impact on small entities ‘‘whose
conduct is circumscribed or mandated’’
by the proposed rule. White Eagle Coop.
v. Conner, 553 F.3d 467, 480 (7th Cir.
2009).
In the NPRM, the Board certified that
the proposed rule would not have a
significant economic impact on a
substantial number of small entities
within the meaning of the RFA.9 The
Board explained that the proposed
change to its regulations was intended
to improve the quality of the service
data reported by Class I carriers and
would not mandate or circumscribe the
conduct of small entities. The final rule
adopted here is limited to Class I
carriers, so the same basis for the
Board’s certification of the proposed
rule in the NPRM applies to the final
rule. Therefore, the Board certifies
under 5 U.S.C. 605(b) that this final rule
will not have a significant economic
impact on a substantial number of small
entities within the meaning of the RFA.
A copy of this decision will be served
upon the Chief Counsel for Advocacy,
Office of Advocacy, U.S. Small Business
Administration, Washington, DC 20416.
Paperwork Reduction Act
In this proceeding, the Board is
modifying an existing collection of
information that is currently approved
by the Office of Management at Budget
(OMB) through June 30, 2020, under the
collection of the United States Rail
Service Issues-Performance Data
Reporting (OMB Control No. 2140–
0033). In the NPRM, the Board sought
comments pursuant to the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501–
3521, and OMB regulations, 5 CFR
1320.8(d)(3), regarding: (1) Whether the
collection of information, as modified in
9 For the purpose of RFA analysis for rail carriers
subject to the Board’s jurisdiction, the Board
defines a ‘‘small business’’ as only including those
rail carriers classified as Class III rail carriers under
49 CFR 1201.1–1. See Small Entity Size Standards
Under the Regulatory Flexibility Act, EP 719 (STB
served June 30, 2016) (with Board Member
Begeman dissenting). Class III carriers have annual
operating revenues of $20 million or less in 1991
dollars, or $39,194,876 or less when adjusted for
inflation using 2018 data. Class II carriers have
annual operating revenues of less than $250 million
in 1991 dollars, or $489,935,956 when adjusted for
inflation using 2018 data. The Board calculates the
revenue deflator factor annually and publishes the
railroad revenue thresholds in decisions and on its
website. 49 CFR 1201.1–1; Indexing the Annual
Operating Revenues of R.Rs., EP 748 (STB served
June 14, 2019).
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the proposed rule and further described
in the NPRM,10 is necessary for the
proper performance of the functions of
the Board, including whether the
collection has practical utility; (2) the
accuracy of the Board’s burden
estimates; (3) ways to enhance the
quality, utility, and clarity of the
information collected; and (4) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology, when
appropriate. No comments were
received pertaining to the collection of
this information under the PRA.
This modification to an existing
collection will be submitted to OMB for
review as required under the PRA, 44
U.S.C. 3507(d), and 5 CFR 1320.11.
Congressional Review Act
Pursuant to the Congressional Review
Act, 5 U.S.C. 801–808, the Office of
Information and Regulatory Affairs has
designated this rule as a non-major rule,
as defined by 5 U.S.C.804(2).
It is ordered:
1. The Board adopts the final rule as
set forth below. Notice of the final rule
will be published in the Federal
Register.
2. A copy of this decision will be
served upon the Chief Counsel for
Advocacy, Office of Advocacy, U.S.
Small Business Administration,
Washington, DC 20416.
3. This decision is effective on July
20, 2020.
List of Subjects in 49 CFR Part 1250
Administrative practice and
procedure, Railroads, Reporting and
recordkeeping requirements.
Decided: May 14, 2020.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Kenyatta Clay,
Clearance Clerk.
For the reasons set forth in the
preamble, the Surface Transportation
Board amends part 1250 of title 49,
chapter X, of the Code of Federal
Regulations as follows:
PART 1250—RAILROAD
PERFORMANCE DATA REPORTING
1. The authority citation for part 1250
continues to read as follows:
■
Authority: 49 U.S.C. 1321 and 11145.
10 As discussed above, the Board made a minor
change to the final rule, clarifying the term
‘‘chemical or allied products.’’ The change,
however, does not impact the Board’s analysis of
the collection.
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30851
2. Amend § 1250.2 by revising the first
sentence of paragraph (a)(6) to read as
follows:
■
§ 1250.2 Railroad performance data
elements.
(a) * * *
(6) The weekly average of loaded and
empty cars, operating in normal
movement and billed to an origin or
destination, which have not moved in
48 hours or more, sorted by service type
(intermodal, grain, coal, crude oil,
automotive, ethanol, fertilizer (the
following Standard Transportation
Commodity Codes (STCCs): 2812534,
2818142, 2818146, 2818170, 2818426,
2819173, 2819454, 2819815, 2871235,
2871236, 2871238, 2871244, 2871313,
2871315, and 2871451), chemicals or
allied products (all STCC 28 not
otherwise reported under ethanol or
fertilizer), and all other). * * *
*
*
*
*
*
[FR Doc. 2020–10952 Filed 5–20–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066; RTID 0648–
XY105]
Fisheries of the Exclusive Economic
Zone Off Alaska; Yellowfin Sole for
Vessels Participating in the BSAI Trawl
Limited Access Sector Fishery in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for yellowfin sole in the Bering
Sea and Aleutian Islands management
area (BSAI) for vessels participating in
the BSAI trawl limited access sector
fishery. This action is necessary to
prevent exceeding the 2020 allocation of
yellowfin sole total allowable catch for
vessels participating in the BSAI trawl
limited access sector fishery in the
BSAI.
SUMMARY:
This temporary rule is effective
on May 18, 2020. This rule is applicable
1200 hrs, Alaska local time (A.l.t.), May
15, 2020, through 2400 hrs, A.l.t.,
December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
DATES:
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30852
Federal Register / Vol. 85, No. 99 / Thursday, May 21, 2020 / Rules and Regulations
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (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.
The 2020 allocation of yellowfin sole
total allowable catch for vessels
participating in the BSAI trawl limited
access sector fishery in the BSAI is
17,172 metric tons (mt) as established
by the final 2020 and 2021 harvest
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020). In
accordance with § 679.20(d)(1)(iii), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2020 yellowfin sole
total allowable catch allocated as a
SUPPLEMENTARY INFORMATION:
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16:00 May 20, 2020
Jkt 250001
directed fishing allowance for vessels
participating in the BSAI trawl limited
access sector fishery in the BSAI will
soon be reached. Consequently, NMFS
is prohibiting directed fishing for
yellowfin sole for vessels participating
in the BSAI trawl limited access sector
fishery in the BSAI.
While this closure is effective, the
maximum retain able 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
PO 00000
Frm 00028
Fmt 4700
Sfmt 9990
data in a timely fashion and would
delay the closure of directed fishing for
yellowfin sole by vessels fishing in the
BSAI trawl limited access sector fishery
in the BSAI. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of May 14, 2020.
The acting 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: May 18, 2020.
He´le`ne M. N. Scalliest,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–11015 Filed 5–18–20; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\21MYR1.SGM
21MYR1
Agencies
[Federal Register Volume 85, Number 99 (Thursday, May 21, 2020)]
[Rules and Regulations]
[Pages 30851-30852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11015]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066; RTID 0648-XY105]
Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin
Sole for Vessels Participating in the BSAI Trawl Limited Access Sector
Fishery in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is prohibiting directed fishing for yellowfin sole in the
Bering Sea and Aleutian Islands management area (BSAI) for vessels
participating in the BSAI trawl limited access sector fishery. This
action is necessary to prevent exceeding the 2020 allocation of
yellowfin sole total allowable catch for vessels participating in the
BSAI trawl limited access sector fishery in the BSAI.
DATES: This temporary rule is effective on May 18, 2020. This rule is
applicable 1200 hrs, Alaska local time (A.l.t.), May 15, 2020, through
2400 hrs, A.l.t., December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
[[Page 30852]]
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (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.
The 2020 allocation of yellowfin sole total allowable catch for
vessels participating in the BSAI trawl limited access sector fishery
in the BSAI is 17,172 metric tons (mt) as established by the final 2020
and 2021 harvest specifications for groundfish in the BSAI (85 FR
13553, March 9, 2020). In accordance with Sec. 679.20(d)(1)(iii), the
Administrator, Alaska Region, NMFS (Regional Administrator), has
determined that the 2020 yellowfin sole total allowable catch allocated
as a directed fishing allowance for vessels participating in the BSAI
trawl limited access sector fishery in the BSAI will soon be reached.
Consequently, NMFS is prohibiting directed fishing for yellowfin sole
for vessels participating in the BSAI trawl limited access sector
fishery in the BSAI.
While this closure is effective, the maximum retain able 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 closure of directed fishing for yellowfin sole by
vessels fishing in the BSAI trawl limited access sector fishery in the
BSAI. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of May 14, 2020.
The acting 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: May 18, 2020.
H[eacute]l[egrave]ne M. N. Scalliest,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-11015 Filed 5-18-20; 4:15 pm]
BILLING CODE 3510-22-P