Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2021 Management Area 3 Sub-Annual Catch Limit Harvested
| Published date | 05 April 2021 |
| Citation | 86 FR 17551 |
| Record Number | 2021-06958 |
| Section | Rules and Regulations |
| Court | National Oceanic And Atmospheric Administration |
17551
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
would not have a ‘‘significant impact on
a substantial number of small entities,’’
section 605(b).
Because the goal of the RFA is to
reduce the cost to small entities of
complying with federal regulations, the
RFA requires an agency to perform a
regulatory flexibility analysis of impacts
on small entities only when a rule
directly regulates those entities. In other
words, 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).
The amendments to the Board’s
regulations adopted here are intended to
update the Board’s class classifications
and do not mandate or circumscribe the
conduct of small entities. 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 part 1201, General Instructions
section 1–1. See Small Entity Size
Standards Under the Regulatory
Flexibility Act, EP 719 (STB served June
30, 2016) (with the Board Member
Begeman dissenting). Here, no
substantive changes are being made to
the Class III threshold, as the Board is
only updating the regulations to reflect
the current Class III threshold in 2019
dollars (rounded) as opposed to 1991
dollars. Therefore, the Board certifies
under 5 U.S.C. 605(b) that these
proposed rules, if promulgated, would
not have a significant economic impact
on a substantial number of small entities
within the meaning of RFA.
Paperwork Reduction Act
The Board’s proposal does not contain
a new or amended information
collection requirement subject to the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3521.
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).
List of Subjects in 49 CFR Part 1201
Railroads, Uniform System of
Accounts.
It is ordered:
1. The Board adopts the final rule set
forth in this decision. 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.
3. This decision is effective on June 4,
2021.
Decided: March 30, 2021.
By the Board, Board Members Begeman,
Fuchs, Oberman, Primus, and Schultz.
Brendetta Jones,
Clearance Clerk.
For the reasons set forth in the
preamble, the Surface Transportation
Board amends title 49, chapter X, part
1201 of the Code of Federal Regulations
as follows:
PART 1201—RAILROAD COMPANIES
■1. The authority citation for part 1201
continues to read as follows:
Authority: 49 U.S.C. 11142 and 11164.
■2. In subpart A, amend the General
Instructions, by revising § 1–1(a) and
Note A to § 1–1 to read as follows:
Subpart A—Uniform System of
Accounts
* * * * *
General Instructions
1–1 Classification of carriers. (a) For
purposes of accounting and reporting,
carriers are grouped into the following
three classes:
Class I: Carriers having annual carrier
operating revenues of $900 million or
more after applying the railroad revenue
deflator formula shown in Note A.
Class II: Carriers having annual carrier
operating revenues of less than $900
million but in excess of $40.4 million
after applying the railroad revenue
deflator formula shown in Note A.
Class III: Carriers having annual
carrier operating revenues of $40.4
million or less after applying the
railroad revenue deflator formula shown
in Note A.
* * * * *
Note A: The railroad revenue deflator
formula is based on the Railroad Freight
Price Index developed by the Bureau of Labor
Statistics. The formula is as follows: Current
Year’s Revenues × (2019 Average Index/
Current Year’s Average Index).
* * * * *
[FR Doc. 2021–06963 Filed 4–2–21; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No: 210325–0071; RTID 0648–
XA993]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery; 2021
Management Area 3 Sub-Annual Catch
Limit Harvested
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule; closure.
SUMMARY
: NMFS is closing the directed
fishery for Management Area 3. This
closure is required because NMFS
projects 98 percent of the catch allotted
to Management Area 3 has been caught.
This action is intended to prevent or
limit the overharvest of Atlantic herring
in Management Area 3, which would
result in additional quota reductions
next year.
DATES
: Effective 00:01 hr local time,
April 1, 2021, through 24:00 local time,
December 31, 2021.
FOR FURTHER INFORMATION CONTACT
: Lou
Forristall, Fishery Management
Specialist, (978) 281–9321.
SUPPLEMENTARY INFORMATION
: The
Regional Administrator for the Greater
Atlantic Region monitors Atlantic
herring fishery catch in each of the
management areas based on vessel and
dealer reports, state data, and other
available information. The regulations at
50 CFR 648.201(a)(1)(i)(B)(2) require
that the Regional Administrator
prohibits federally permitted vessels
from fishing for, possessing,
transferring, receiving, landing, or
selling more than 2,000 pounds (lb)
(907.2 kilograms (kg)) in or from
Atlantic herring Management Area 3
when 98 percent of the sub-Annual
Catch Limit (ACL) is harvested. Based
on dealer reports, state data, and other
available information, the Regional
Administrator projects that 98 percent
of the Management Area 3 sub-ACL was
harvested as of April 1, 2021. Therefore,
effective 00:01 hr local time April 1,
2021, vessels may not fish for, possess,
transfer, receive, land, or sell more than
2,000 lb (907.2 kg) of Atlantic herring
per trip or calendar day, in or from
Management Area 3, through December
31, 2021. Vessels that have entered port
before 00:01 hr local time, April 1, 2021,
may land or sell more than 2,000 lb
(907.2 kg) of Atlantic herring from Area
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17552
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Rules and Regulations
3 from that trip. A vessel may transit
through Area 3 with more than 2,000 lb
(907.2 kg) of Atlantic herring on board,
provided all herring was caught outside
Area 3 and all fishing gear is stowed and
not available for immediate use as
defined by 50 CFR 648.2. All herring
vessels must land in accordance with
state landing restrictions.
Effective 00:01 hr local time, April 1,
2021, through 24:00 hr local time,
December 31, 2021, federally permitted
dealers may not purchase, possess, have
custody or control of, sell, barter, trade
or transfer, or attempt to sell, barter,
trade, or transfer more than 2,000 lb of
herring per vessel per trip or calendar
day from Management Area 3 through
24:00 hr local time, December 31, 2021,
unless it is from a vessel that enters port
before 00:01 local time on April 1, 2021.
Classification
This action is required by 50 CFR
648.201(a)(1)(i)(B) and is exempt from
review under Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(3)(B) to waive prior notice
and the opportunity for public comment
because it would be contrary to the
public interest and impracticable.
NMFS also finds good cause to waive
the 30-day delayed effectiveness in
accordance with 5 U.S.C 553(d)(3).
NMFS is required by Federal regulation
to implement a 2,000 lb (907.2 kg)
herring trip limit for Management Area
3, when 98 percent of the area quota is
projected to be harvested. The 2021
herring fishing year opened on January
1, 2021, and Management Area 3
opened to fishing on that day. Data
indicating the herring fleet will have
landed at least 98 percent of the 2021
sub-ACL allocated to Management Area
3 only recently became available. High-
volume catch and landings in this
fishery increase total catch relative to
the sub-ACL quickly, especially in this
fishing year where annual catch limits
are unusually low. If implementation of
this closure is delayed to solicit prior
public comment, the sub-ACL for
Management Area 3 for this fishing year
will likely be exceeded, undermining
conservation objectives of the Fishery
Management Plan. When sub-ACLs are
exceeded, the overage must be deducted
from a future sub-ACL and would
reduce future fishing opportunities. In
addition, the public had prior notice
and full opportunity to comment on this
process when these provisions were put
in place.
The public expects these actions to
occur in a timely way consistent with
the fishery management plan’s
objectives.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 31, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–06958 Filed 3–31–21; 4:15 pm]
BILLING CODE 3510–22–P
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