82 FR 35125 - Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Plaice in the Bering Sea and Aleutian Islands Management Area
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 144 (July 28, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 144 (July 28, 2017)
| Page Range | 35125-35126 | |
| FR Document | 2017-15930 |
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)] [Rules and Regulations] [Pages 35125-35126] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15930] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF579 Fisheries of the Exclusive Economic Zone Off Alaska; Alaska Plaice 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 Alaska plaice in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2017 Alaska plaice total allowable catch (TAC) specified for the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 26, 2017, through 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management [[Page 35126]] 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 2017 Alaska plaice TAC specified for the BSAI is 11,050 metric tons as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that the 2017 Alaska plaice TAC in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 10,050 mt, and is setting aside the remaining 1,000 mt as bycatch to support other anticipated groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Alaska plaice in the BSAI. After the effective date of this closure the maximum retainable 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 directed fishery closure of Alaska plaice 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 July 24, 2017. The 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: July 25, 2017. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-15930 Filed 7-25-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations 35125
limited to whether the temporary (RIA) must be prepared for major annually for inflation. In 2017, that
moratorium applies to the provider or regulatory actions with economically threshold is approximately $148
supplier appealing the denial. The significant effects ($100 million or more million. This document will have no
agency’s basis for imposing a temporary in any 1 year). This document will consequential effect on state, local, or
moratorium is not subject to review. Our prevent the enrollment of new home tribal governments or on the private
regulations do not limit the right to seek health providers and Part B non- sector.
judicial review of a final agency emergency ground ambulance suppliers Executive Order 13132 establishes
decision that the temporary moratorium in Medicare, Medicaid, and CHIP in certain requirements that an agency
applies to a particular provider or certain states. Though savings may must meet when it promulgates a
supplier. In the preamble to the accrue by denying enrollments, the proposed regulatory action (and
February 2, 2011 (76 FR 5918) final rule monetary amount cannot be quantified. subsequent final action) that imposes
with comment period establishing this Since the imposition of the initial substantial direct requirement costs on
regulation, we explained that ‘‘a moratoria on July 31, 2013, more than state and local governments, preempts
provider or supplier may 1184 HHAs and 23 ambulance state law, or otherwise has Federalism
administratively appeal an adverse companies in all geographic areas implications. Because this document
determination based on the imposition affected by the moratoria had their does not impose any costs on state or
of a temporary moratorium up to and applications denied. We have found the local governments, the requirements of
including the Department Appeal Board number of applications that are denied Executive Order 13132 are not
(DAB) level of review.’’ We are after 60 days declines dramatically, as applicable.
clarifying that providers and suppliers most providers and suppliers will not In accordance with the provisions of
that have received unfavorable submit applications during the Executive Order 12866, this document
decisions in accordance with the moratoria period. Therefore, this was reviewed by the Office of
limited scope of review described in document does not reach the economic Management and Budget.
§ 498.5(l)(4) may seek judicial review of threshold, and thus is not considered a
Dated: July 14, 2017.
those decisions after they exhaust their major action.
administrative appeals. However, we The RFA requires agencies to analyze Seema Verma
reiterate that section 1866(j)(7)(B) of the options for regulatory relief of small Administrator, Centers for Medicare &
Act precludes judicial review of the entities. For purposes of the RFA, small Medicaid Services.
agency’s basis for imposing a temporary entities include small businesses, [FR Doc. 2017–15961 Filed 7–27–17; 8:45 am]
moratorium. nonprofit organizations, and small BILLING CODE 4120–01–P
governmental jurisdictions. Most
V. Collection of Information hospitals and most other providers and
Requirements suppliers are small entities, either by DEPARTMENT OF COMMERCE
This document does not impose nonprofit status or by having revenues
information collection requirements, of less than $7.5 million to $38.5 National Oceanic and Atmospheric
that is, reporting, recordkeeping or million in any one year. Individuals and Administration
third-party disclosure requirements. states are not included in the definition
Consequently, there is no need for of a small entity. CMS is not preparing 50 CFR Part 679
review by the Office of Management and an analysis for the RFA because it has [Docket No. 161020985–7181–02]
Budget under the authority of the determined, and the Secretary certifies,
Paperwork Reduction Act of 1995 (44 that this document will not have a RIN 0648–XF579
U.S.C. 3501 et seq.). significant economic impact on a
substantial number of small entities. Fisheries of the Exclusive Economic
VI. Regulatory Impact Statement Zone Off Alaska; Alaska Plaice in the
In addition, section 1102(b) of the Act
CMS has examined the impact of this requires us to prepare a regulatory Bering Sea and Aleutian Islands
document as required by Executive impact analysis if an action may have a Management Area
Order 12866 on Regulatory Planning significant impact on the operations of AGENCY: National Marine Fisheries
and Review (September 30, 1993), a substantial number of small rural Service (NMFS), National Oceanic and
Executive Order 13563 on Improving hospitals. This analysis must conform to Atmospheric Administration (NOAA),
Regulation and Regulatory Review the provisions of section 604 of the Commerce.
(January 18, 2011), the Regulatory RFA. For purposes of section 1102(b) of
Flexibility Act (RFA) (September 19, ACTION: Temporary rule; closure.
the Act, CMS defines a small rural
1980, Pub. L. 96–354), section 1102(b) of hospital as a hospital that is located SUMMARY: NMFS is prohibiting directed
the Social Security Act, section 202 of outside of a metropolitan statistical area fishing for Alaska plaice in the Bering
the Unfunded Mandates Reform Act of (MSA) for Medicare payment purposes Sea and Aleutian Islands management
1995 (March 22, 1995; Pub. L. 104–4), and has fewer than 100 beds. CMS is not area (BSAI). This action is necessary to
Executive Order 13132 on Federalism preparing an analysis for section 1102(b) prevent exceeding the 2017 Alaska
(August 4, 1999) and the Congressional of the Act because it has determined, plaice total allowable catch (TAC)
Review Act (5 U.S.C. 804(2)). and the Secretary certifies, that this specified for the BSAI.
Executive Orders 12866 and 13563 document will not have a significant
DATES: Effective 1200 hrs, Alaska local
direct agencies to assess all costs and impact on the operations of a substantial
asabaliauskas on DSKBBXCHB2PROD with RULES
benefits of available regulatory time (A.l.t.), July 26, 2017, through 2400
number of small rural hospitals.
alternatives and, if regulation is Section 202 of the Unfunded hrs, A.l.t., December 31, 2017.
necessary, to select regulatory Mandates Reform Act of 1995 also FOR FURTHER INFORMATION CONTACT:
approaches that maximize net benefits requires that agencies assess anticipated Steve Whitney, 907–586–7228.
(including potential economic, costs and benefits before issuing any SUPPLEMENTARY INFORMATION: NMFS
environmental, public health, and safety regulatory action whose mandates manages the groundfish fishery in the
effects, distributive impacts, and require spending in any 1 year of $100 BSAI exclusive economic zone
equity). A regulatory impact analysis million in 1995 dollars, updated according to the Fishery Management
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![35126 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations
Plan for Groundfish of the Bering Sea prior notice and opportunity for public groundfish in the BSAI (82 FR 11826,
and Aleutian Islands Management Area comment. February 27, 2017).
(FMP) prepared by the North Pacific This action is required by § 679.20 In accordance with § 679.20(d)(1)(i),
Fishery Management Council under and is exempt from review under the Administrator, Alaska Region,
authority of the Magnuson-Stevens Executive Order 12866. NMFS, (Regional Administrator) has
Fishery Conservation and Management Authority: 16 U.S.C. 1801 et seq. determined that the 2017 ‘‘other
Act. Regulations governing fishing by flatfish’’ TAC in the BSAI will soon be
Dated: July 25, 2017.
U.S. vessels in accordance with the FMP reached. Therefore, the Regional
appear at subpart H of 50 CFR part 600 Jennifer M. Wallace,
Administrator is establishing a directed
and 50 CFR part 679. Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
fishing allowance of 2,000 mt, and is
The 2017 Alaska plaice TAC specified setting aside the remaining 125 mt as
for the BSAI is 11,050 metric tons as [FR Doc. 2017–15930 Filed 7–25–17; 4:15 pm]
bycatch to support other anticipated
established by the final 2017 and 2018 BILLING CODE 3510–22–P
groundfish fisheries. In accordance with
harvest specifications for groundfish in § 679.20(d)(1)(iii), the Regional
the BSAI (82 FR 11826, February 27, Administrator finds that this directed
2017). DEPARTMENT OF COMMERCE
fishing allowance has been reached.
In accordance with § 679.20(d)(1)(i), Consequently, NMFS is prohibiting
National Oceanic and Atmospheric
the Administrator, Alaska Region, directed fishing for ‘‘other flatfish’’ in
Administration
NMFS, (Regional Administrator) has the BSAI.
determined that the 2017 Alaska plaice
50 CFR Part 679 After the effective date of this closure
TAC in the BSAI will soon be reached.
the maximum retainable amounts at
Therefore, the Regional Administrator is [Docket No. 161020985–7181–02]
§ 679.20(e) and (f) apply at any time
establishing a directed fishing RIN 0648–XF580 during a trip.
allowance of 10,050 mt, and is setting
aside the remaining 1,000 mt as bycatch Fisheries of the Exclusive Economic Classification
to support other anticipated groundfish Zone Off Alaska; ‘‘Other Flatfish’’ in the
fisheries. In accordance with This action responds to the best
Bering Sea and Aleutian Islands available information recently obtained
§ 679.20(d)(1)(iii), the Regional Management Area
Administrator finds that this directed from the fishery. The Assistant
fishing allowance has been reached. AGENCY: National Marine Fisheries Administrator for Fisheries, NOAA
Consequently, NMFS is prohibiting Service (NMFS), National Oceanic and (AA), finds good cause to waive the
directed fishing for Alaska plaice in the Atmospheric Administration (NOAA), requirement to provide prior notice and
BSAI. Commerce. opportunity for public comment
After the effective date of this closure ACTION: Temporary rule; closure. pursuant to the authority set forth at 5
the maximum retainable amounts at U.S.C. 553(b)(B) as such requirement is
SUMMARY: NMFS is prohibiting directed impracticable and contrary to the public
§ 679.20(e) and (f) apply at any time
fishing for ‘‘other flatfish’’ in the Bering interest. This requirement is
during a trip.
Sea and Aleutian Islands management impracticable and contrary to the public
Classification area (BSAI). This action is necessary to interest as it would prevent NMFS from
This action responds to the best prevent exceeding the 2017 ‘‘other responding to the most recent fisheries
available information recently obtained flatfish’’ total allowable catch (TAC) data in a timely fashion and would
from the fishery. The Assistant specified for the BSAI. delay the directed fishery closure of
Administrator for Fisheries, NOAA DATES: Effective 1200 hrs, Alaska local ‘‘other flatfish’’ in the BSAI. NMFS was
(AA), finds good cause to waive the time (A.l.t.), July 26, 2017, through 2400 unable to publish a notice providing
requirement to provide prior notice and hrs, A.l.t., December 31, 2017. time for public comment because the
opportunity for public comment FOR FURTHER INFORMATION CONTACT: most recent, relevant data only became
pursuant to the authority set forth at 5 Steve Whitney, 907–586–7228. available as of July 24, 2017.
U.S.C. 553(b)(B) as such requirement is SUPPLEMENTARY INFORMATION: NMFS The AA also finds good cause to
impracticable and contrary to the public manages the groundfish fishery in the waive the 30-day delay in the effective
interest. This requirement is BSAI exclusive economic zone date of this action under 5 U.S.C.
impracticable and contrary to the public according to the Fishery Management 553(d)(3). This finding is based upon
interest as it would prevent NMFS from Plan for Groundfish of the Bering Sea the reasons provided above for waiver of
responding to the most recent fisheries and Aleutian Islands Management Area prior notice and opportunity for public
data in a timely fashion and would (FMP) prepared by the North Pacific comment.
delay the directed fishery closure of Fishery Management Council under This action is required by § 679.20
Alaska plaice in the BSAI. NMFS was authority of the Magnuson-Stevens and is exempt from review under
unable to publish a notice providing Fishery Conservation and Management Executive Order 12866.
time for public comment because the Act. Regulations governing fishing by Authority: 16 U.S.C. 1801 et seq.
most recent, relevant data only became U.S. vessels in accordance with the FMP
available as of July 24, 2017. appear at subpart H of 50 CFR part 600 Dated: July 25, 2017.
Jennifer M. Wallace,
asabaliauskas on DSKBBXCHB2PROD with RULES
The AA also finds good cause to and 50 CFR part 679.
waive the 30-day delay in the effective The 2017 ‘‘other flatfish’’ TAC Acting Director, Office of Sustainable
date of this action under 5 U.S.C. specified for the BSAI is 2,125 metric Fisheries, National Marine Fisheries Service.
553(d)(3). This finding is based upon tons as established by the final 2017 and [FR Doc. 2017–15941 Filed 7–25–17; 4:15 pm]
the reasons provided above for waiver of 2018 harvest specifications for BILLING CODE 3510–22–P
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Document Created: 2017-07-28 03:11:03
Document Modified: 2017-07-28 03:11:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), July 26, 2017, through 2400 hrs, A.l.t., December 31, 2017. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 82 FR 35125 | |
| RIN Number | 0648-XF57 |
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