Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for South Atlantic Snowy Grouper, 79135-79136 [2020-27064]

Download as PDF Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to crossreference this action with the Unified Agenda. List of Subjects in 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. The Final Rule In consideration of the foregoing, FRA amends part 225 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: PART 225—RAILROAD ACCIDENTS/ INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 1. The authority citation for part 225 continues to read as follows: ■ Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–20902, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. 2. In § 225.19, revise paragraphs (c) and (e) and remove the parenthetical authority citation at the end of the section to read as follows: ■ § 225.19 Primary groups of accidents/ incidents. * * * * (c) Group II—Rail equipment. Rail equipment accidents/incidents are collisions, derailments, fires, explosions, acts of God, and other events involving the operation of ontrack equipment (standing or moving) that result in damages higher than the current reporting threshold to railroad on-track equipment, signals, tracks, track structures, or roadbed, including labor costs and costs for acquiring new equipment and material. * * * * * (e) Notice. No later than November 30 of each year, the Administrator will publish a notice on FRA’s website announcing the reporting threshold that will take effect on January 1 of the following calendar year. ■ 3. Appendix B to part 225 is revised to read as follows: jbell on DSKJLSW7X2PROD with RULES * components: (a) The average hourly earnings of certain railroad maintenance employees as reported to the STB by the Class I railroads and Amtrak; and (b) an overall rail equipment cost index determined by the BLS. The wage component is weighted by 40% and the equipment component by 60%. 2. For the wage component, the average of the data from Form A—STB Wage Statistics for Group No. 300 (Maintenance of Way and Structures) and Group No. 400 (Maintenance of Equipment and Stores) employees is used. 3. For the equipment component, LABSTAT Series Report, Producer Price Index (PPI) Series WPU 144 for Railroad Equipment is used. 4. In the month of October, second-quarter and first-quarter wage data for the current year, and fourth-quarter and third-quarter wage data for the previous year are obtained from the STB. For equipment costs, the corresponding BLS railroad equipment indices for the same time period as the STB wage data are obtained. 5. The wage data are reported in terms of dollars earned per hour, while the equipment cost data are indexed to a base year of 1982. 6. The procedure for adjusting the reporting threshold is shown in the formula below. The wage and equipment components appear as fractional changes relative to the prior year. After performing the calculation, the result is rounded to the nearest $100. 7. The weightings result from using STB wage data and BLS equipment cost data to produce a reasonable estimation of the reporting threshold that was calculated using the threshold formula in effect immediately before calendar year 2006, a formula that assumed damage repair costs, at levels at or near the threshold, were split approximately evenly between labor and materials. 8. Formula: New Threshold = Prior Threshold × [1 + 0.4(Wnew—Wprior)/Wprior + 0.6(Enew¥Eprior)/Eprior] Where: Wnew = New average hourly wage rate ($). Wprior = Prior average hourly wage rate ($). Enew = New equipment average PPI value. Eprior = Prior equipment average PPI value. Issued in Washington, DC. Quintin C. Kendall, Deputy Administrator. [FR Doc. 2020–25863 Filed 12–8–20; 8:45 am] BILLING CODE 4910–06–P Appendix B to Part 225—Procedure for Determining Reporting Threshold 1. Wage data used in the calculation are collected from railroads by the Surface Transportation Board (STB) on Form A—STB Wage Statistics. Rail equipment data from the U.S. Department of Labor, Bureau of Labor Statistics (BLS), LABSTAT Series reports are used in the calculation. The equation used to adjust the reporting threshold has two VerDate Sep<11>2014 15:44 Dec 08, 2020 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 79135 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 200113–0013; RTID 0648– XA688] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for South Atlantic Snowy Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure for the commercial sector of snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings of snowy grouper will reach the commercial annual catch limit (ACL) for the July through December season by December 12, 2020. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on December 12, 2020. This closure is necessary to protect the snowy grouper resource. DATES: This temporary rule is effective at 12:01 a.m., local time, on December 12, 2020, until 12:01 a.m., local time, on January 1, 2021. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes snowy grouper and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council 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 in this temporary rule are in gutted weight. The commercial ACL (commercial quota) for snowy grouper in the South Atlantic is divided into two 6-month fishing seasons. The total commercial ACL for snowy grouper is allocated 70 percent, or 107,754 lb (48,876 kg), for the January through June commercial fishing season, and 30 percent, or 46,181 lb (20,947 kg), for the July through December fishing season, as SUMMARY: E:\FR\FM\09DER1.SGM 09DER1 jbell on DSKJLSW7X2PROD with RULES 79136 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations specified in 50 CFR 622.190(a)(1)(i) and (ii). After the January through June 2020 fishing season, 3,048 lb (1,382 kg) of the snowy grouper commercial quota remained unharvested. As specified in 50 CFR 622.190(a)(1)(iii), NMFS added this unused portion of the snowy grouper commercial quota to the commercial quota for the July through December 2020 fishing season. Therefore, the snowy grouper commercial quota for the July through December 2020 fishing season is 49,229 lb (22,329 kg). Any unused commercial quota for the July through December fishing season becomes void and will not be added to any subsequent quota (622.190(a)(1)(iii)). Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector for snowy grouper when the commercial quota specified in 50 CFR 622.190(a)(1) is reached or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projects that commercial landings of South Atlantic snowy grouper, as estimated by the Science and Research Director, will reach the adjusted July through December 2020 commercial quota by December 12, 2020. Accordingly, the commercial sector for South Atlantic snowy grouper is closed effective at 12:01 a.m., local time, on December 12, 2020, and remains closed until the start of the next January through June fishing season on January 1, 2021. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having snowy grouper on board must have landed and bartered, traded, or sold such snowy grouper prior to 12:01 a.m., local time, on December 12, 2020. During the commercial closure, harvest and possession of snowy grouper in or from the South Atlantic EEZ is limited to the bag and possession limits, as specified in § 622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the sale or purchase of snowy grouper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of snowy grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on December 12, 2020, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, the bag and possession limits and the sale and purchase provisions during the commercial closure for snowy grouper apply regardless of VerDate Sep<11>2014 15:44 Dec 08, 2020 Jkt 253001 whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(b)(1), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial quota for South Atlantic snowy grouper have already been subject to notice and comment, and all that remains is to notify the public of the commercial closure for the remainder of the July through December 2020 fishing season. Prior notice and opportunity for public comment on this action is contrary to the public interest because of the need to immediately implement the commercial closure to protect South Atlantic snowy grouper, because the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest that exceeds the commercial quota. For the aforementioned reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the effective date of this action. Authority: 16 U.S.C. 1801 et seq. Dated: December 4, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–27064 Filed 12–7–20; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120627194–3657–02] RTID 0648–XA629 Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason Swordfish General Commercial permit retention limit adjustment. AGENCY: NMFS is adjusting the Swordfish General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for January through June of the 2021 fishing year, unless otherwise later noticed. The Swordfish General Commercial permit retention limit in each of these regions is increased from the regulatory default limit (either two or three fish) to six swordfish per vessel per trip. The Swordfish General Commercial permit retention limit in the Florida Swordfish Management Area will remain unchanged at the default limit of zero swordfish per vessel per trip, as discussed in more detail below. These adjustments apply to Swordfish General Commercial permitted vessels and to Highly Migratory Species (HMS) Charter/Headboat permitted vessels with a commercial endorsement when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria. DATES: The adjusted Swordfish General Commercial permit retention limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are effective from January 1, 2021, through June 30, 2021. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, sarah.mclaughlin@ noaa.gov 978–281–9260, Lauren Latchford, lauren.latchford@noaa.gov 301–427–8503, or Larry Redd, larry.redd@noaa.gov 301–427–8503. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of North Atlantic swordfish by persons and SUMMARY: E:\FR\FM\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Rules and Regulations]
[Pages 79135-79136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200113-0013; RTID 0648-XA688]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Closure for South Atlantic Snowy Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure for the commercial 
sector of snowy grouper in the exclusive economic zone (EEZ) of the 
South Atlantic. NMFS projects commercial landings of snowy grouper will 
reach the commercial annual catch limit (ACL) for the July through 
December season by December 12, 2020. Therefore, NMFS closes the 
commercial sector for snowy grouper in the South Atlantic EEZ on 
December 12, 2020. This closure is necessary to protect the snowy 
grouper resource.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
December 12, 2020, until 12:01 a.m., local time, on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes snowy grouper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council 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 in this temporary rule are in gutted weight.
    The commercial ACL (commercial quota) for snowy grouper in the 
South Atlantic is divided into two 6-month fishing seasons. The total 
commercial ACL for snowy grouper is allocated 70 percent, or 107,754 lb 
(48,876 kg), for the January through June commercial fishing season, 
and 30 percent, or 46,181 lb (20,947 kg), for the July through December 
fishing season, as

[[Page 79136]]

specified in 50 CFR 622.190(a)(1)(i) and (ii).
    After the January through June 2020 fishing season, 3,048 lb (1,382 
kg) of the snowy grouper commercial quota remained unharvested. As 
specified in 50 CFR 622.190(a)(1)(iii), NMFS added this unused portion 
of the snowy grouper commercial quota to the commercial quota for the 
July through December 2020 fishing season. Therefore, the snowy grouper 
commercial quota for the July through December 2020 fishing season is 
49,229 lb (22,329 kg). Any unused commercial quota for the July through 
December fishing season becomes void and will not be added to any 
subsequent quota (622.190(a)(1)(iii)).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial quota specified 
in 50 CFR 622.190(a)(1) is reached or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. NMFS projects that commercial landings of South Atlantic 
snowy grouper, as estimated by the Science and Research Director, will 
reach the adjusted July through December 2020 commercial quota by 
December 12, 2020. Accordingly, the commercial sector for South 
Atlantic snowy grouper is closed effective at 12:01 a.m., local time, 
on December 12, 2020, and remains closed until the start of the next 
January through June fishing season on January 1, 2021.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, on December 12, 2020. During the commercial closure, 
harvest and possession of snowy grouper in or from the South Atlantic 
EEZ is limited to the bag and possession limits, as specified in Sec.  
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the 
sale or purchase of snowy grouper taken from the EEZ is prohibited. The 
prohibition on sale or purchase does not apply to the sale or purchase 
of snowy grouper that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, on December 12, 2020, and were held in cold 
storage by a dealer or processor.
    For a person on board a vessel for which a Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, the bag and possession limits and the sale and purchase 
provisions during the commercial closure for snowy grouper apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(b)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment as such procedures are 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the regulations associated with the commercial 
quota for South Atlantic snowy grouper have already been subject to 
notice and comment, and all that remains is to notify the public of the 
commercial closure for the remainder of the July through December 2020 
fishing season. Prior notice and opportunity for public comment on this 
action is contrary to the public interest because of the need to 
immediately implement the commercial closure to protect South Atlantic 
snowy grouper, because the capacity of the fishing fleet allows for 
rapid harvest of the commercial quota. Prior notice and opportunity for 
public comment would require time and would potentially result in a 
harvest that exceeds the commercial quota.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

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

    Dated: December 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-27064 Filed 12-7-20; 8:45 am]
BILLING CODE 3510-22-P