Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From Virginia to Rhode Island, 51986-51987 [2024-13533]
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51986
Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Rules and Regulations
the amendments in this direct final rule.
For these same reasons, DOT waives the
30-day delay in effective date for this
rule pursuant to 5 U.S.C. 553(d)(3).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. DOT will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States. This rule does not constitute a
major rule as defined in 5 U.S.C. 804(2).
List of Subjects in 49 CFR Part 40
Administrative practice and
procedures, Alcohol abuse, Alcohol
testing, Drug abuse, Drug testing,
Laboratories, Reporting and
recordkeeping requirements, Safety,
Transportation.
For the reasons stated in the
preamble, DOT amends 49 CFR part 40
and the specified DOT agency
regulations as follows:
PART 40—PROCEDURES FOR
TRANSPORTATION WORKPLACE
DRUG AND ALCOHOL TESTING
PROGRAMS
1. The authority for part 40 continues
to read as follows:
■
Authority: 49 U.S.C. 102, 301, 322, 5331,
20140, 31306, and 54101 et seq.
2. In § 40.35, revise paragraph (c)(2)
and add paragraph (c)(3) to read as
follows:
■
§ 40.35 What training requirements must a
collector meet for oral fluid collection?
ddrumheller on DSK120RN23PROD with RULES1
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(c) * * *
(2) Another person must monitor and
evaluate your performance, in person or
by a means that provides real-time
observation and interaction between
you and the qualified collector, who
must attest in writing that the mock
collections are ‘‘error-free.’’ Except as
provided in paragraph (c)(3) of this
section, this person must be a qualified
collector who has demonstrated
necessary knowledge, skills, and
abilities by—
(i) Regularly conducting DOT drug
test collections for a period of at least
one year;
(ii) Conducting collector training
under this part for at least one year; or
(iii) Successfully completing a ‘‘train
the trainer’’ course.
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(3) As the person monitoring and
evaluating the collector’s five mock
collections pursuant to paragraphs (c)(1)
and (2) of this section, you need not be
a qualified oral fluid collector to do so
if you meet the necessary knowledge,
skills, and abilities in paragraph
(c)(2)(ii) or (iii) until otherwise specified
(one year after HHS publishes a Federal
Register notification of the first certified
oral fluid drug testing laboratory (HHS
notification)). Furthermore, the one-year
requirement in (c)(2)(ii) is not
applicable until otherwise specified
(one year after the HHS notification).
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■ 3. In § 40.73, add paragraph (a)(1) and
a reserved paragraph (a)(2) and revise
paragraph (c)(2) to read as follows:
§ 40.73 How is an oral fluid specimen
collected?
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(a) * * *
(1) As the oral fluid collector, you
must not allow any person other than
you, the employee, or a DOT agency
representative to actually witness the
testing process.
(2) [Reserved]
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(c) * * *
(2) The collector must ensure the
collection is performed correctly (i.e.,
using the oral fluid device in the
manner described by its manufacturer),
that the collection device is working
properly, and that a sufficient specimen
volume is collected. Check the ‘‘Volume
indictor(s) Observed’’ box in Step 2 of
the Federal CCF to document that you
observed the volume indicator(s) during
the collection.
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Signed pursuant to authority delegated at
49 CFR 1.27(c) in Washington, DC.
Subash Iyer,
Acting General Counsel.
[FR Doc. 2024–12747 Filed 6–20–24; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 231215–0305; RTID 0648–
XE044]
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From Virginia to Rhode
Island
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
NMFS announces that the
Commonwealth of Virginia is
transferring a portion of its 2024
commercial summer flounder quota to
the State of Rhode Island. This
adjustment to the 2024 fishing year
quota is necessary to comply with the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP)
quota transfer provisions. This
announcement informs the public of the
revised 2024 commercial quotas for
Virginia and Rhode Island.
DATES: Effective June 20, 2024, through
December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.111. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102, and the
final 2024 allocations were published
on December 21, 2023 (88 FR 88266).
The final rule implementing
amendment 5 to the FMP, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
The Regional Administrator is required
to consider three criteria in the
evaluation of requests for quota transfers
or combinations: (1) the transfers or
combinations would not preclude the
overall annual quota from being fully
harvested; (2) the transfers address an
unforeseen variation or contingency in
the fishery; and (3) the transfers are
consistent with the objectives of the
FMP and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfer approved in this notification.
Virginia is transferring 3,799 pounds
(lb; 1,723 kilograms (kg)) to Rhode
Island through a mutual agreement
between the states. This transfer was
requested to repay landings made by an
SUMMARY:
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Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Rules and Regulations
out-of-state permitted vessel under a
safe harbor agreement. The revised
summer flounder quotas for 2024 are:
Virginia, 1,895,757 lb (859,901 kg); and
Rhode Island, 1,382,306 lb (627,003 kg).
ddrumheller on DSK120RN23PROD with RULES1
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
VerDate Sep<11>2014
16:17 Jun 20, 2024
Jkt 262001
Act. This action is required by 50 CFR
648.102(c)(2)(i) through (iv), which was
issued pursuant to section 304(b) of the
Magnuson-Stevens Act and is exempted
from review under Executive Order
12866.
Dated: June 14, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–13533 Filed 6–20–24; 8:45 am]
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 1801 et seq.
PO 00000
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]]>Agencies
[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51986-51987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13533]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 231215-0305; RTID 0648-XE044]
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Quota Transfer From Virginia to Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Commonwealth of Virginia is
transferring a portion of its 2024 commercial summer flounder quota to
the State of Rhode Island. This adjustment to the 2024 fishing year
quota is necessary to comply with the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan (FMP) quota transfer provisions. This
announcement informs the public of the revised 2024 commercial quotas
for Virginia and Rhode Island.
DATES: Effective June 20, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management
Specialist, (978) 281-9184.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found in 50 CFR 648.100 through 648.111. These regulations
require annual specification of a commercial quota that is apportioned
among the coastal states from Maine through North Carolina. The process
to set the annual commercial quota and the percent allocated to each
state is described in Sec. 648.102, and the final 2024 allocations
were published on December 21, 2023 (88 FR 88266).
The final rule implementing amendment 5 to the FMP, as published in
the Federal Register on December 17, 1993 (58 FR 65936), provided a
mechanism for transferring summer flounder commercial quota from one
state to another. Two or more states, under mutual agreement and with
the concurrence of the NMFS Greater Atlantic Regional Administrator,
can transfer or combine summer flounder commercial quota under Sec.
648.102(c)(2). The Regional Administrator is required to consider three
criteria in the evaluation of requests for quota transfers or
combinations: (1) the transfers or combinations would not preclude the
overall annual quota from being fully harvested; (2) the transfers
address an unforeseen variation or contingency in the fishery; and (3)
the transfers are consistent with the objectives of the FMP and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Regional Administrator has determined these three
criteria have been met for the transfer approved in this notification.
Virginia is transferring 3,799 pounds (lb; 1,723 kilograms (kg)) to
Rhode Island through a mutual agreement between the states. This
transfer was requested to repay landings made by an
[[Page 51987]]
out-of-state permitted vessel under a safe harbor agreement. The
revised summer flounder quotas for 2024 are: Virginia, 1,895,757 lb
(859,901 kg); and Rhode Island, 1,382,306 lb (627,003 kg).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i) through
(iv), which was issued pursuant to section 304(b) of the Magnuson-
Stevens Act and is exempted from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-13533 Filed 6-20-24; 8:45 am]
BILLING CODE 3510-22-P
