83 FR 52330 - Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 201 (October 17, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 201 (October 17, 2018)
| Page Range | 52330-52332 | |
| FR Document | 2018-22647 |
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)] [Rules and Regulations] [Pages 52330-52332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22647] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket Nos. 090206140-91081-03 and 120405260-4258-02] RIN 0648-XG550 Authorization of Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers and Individual Fishing Quota Dealers in Portions of Florida AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; determination of catastrophic conditions. ----------------------------------------------------------------------- SUMMARY: In accordance with the regulations implementing the individual fishing quota (IFQ) and Federal dealer reporting programs specific to the commercial reef fish fishery in the Gulf of Mexico (Gulf) and the coastal migratory pelagic (CMP) fisheries in the Gulf, the Regional Administrator (RA), Southeast Region, NMFS has determined that Hurricane Michael has caused catastrophic conditions in multiple counties. This temporary rule announcing the determination of catastrophic conditions and authorization to use alternative methods for completing required IFQ and other dealer reporting administrative functions is intended to facilitate continuation of IFQ and dealer reporting [[Page 52331]] operations during the period of catastrophic conditions. NMFS will continue to monitor and evaluate conditions and a subsequent Federal Register document will be published, if needed to address any changes. DATES: The RA is authorizing Federal dealers and IFQ dealers in the affected area to use revised reporting methods from October 12, 2018, through November 21, 2018. FOR FURTHER INFORMATION CONTACT: IFQ Customer Service, telephone: 866- 425-7627, fax: 727-824-5308, email: [email protected]. For Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305- 361-4581. SUPPLEMENTARY INFORMATION: NMFS has determined that Hurricane Michael has caused catastrophic conditions in the following counties: Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell County, Alabama. Consistent with those regulations, the RA has authorized any dealer in the affected area who does not have access to electronic reporting to delay reporting of trip tickets to NOAA Fisheries from October 12, 2018, through November 21, 2018. The RA has also authorized IFQ dealers within this affected area to use paper-based forms, if necessary, for basic required administrative functions, e.g., landing transactions, from October 12, 2018, through November 21, 2018. The reef fish fishery of the Gulf is managed under the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico, prepared by the Gulf of Mexico Fishery Management Council (Gulf Council). The CMP fishery (king mackerel, Spanish mackerel, and cobia) is managed under the FMP for CMP Resources in the Gulf of Mexico and Atlantic Region, prepared by the Gulf Council and South Atlantic Fishery Management Council. Both FMPs are implemented through regulations at 50 CFR part 622 under the authority of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Generic Dealer Amendment established Federal dealer reporting requirements for federally permitted dealers in the Gulf and South Atlantic (79 FR 19490; April 9, 2014). Amendment 26 to the FMP established an IFQ program for the commercial red snapper component of the Gulf reef fish fishery (71 FR 67447; November 22, 2006). Amendment 29 to the FMP established an IFQ program for the commercial grouper and tilefish components of the Gulf reef fish fishery (74 FR 44732; August 31, 2009). Regulations implementing these IFQ programs (50 CFR 622.21 and 622.22) and the dealer reporting requirements (50 CFR 622.5(c)) require that Federal dealers and IFQ participants have access to a computer and internet and that they conduct administrative functions associated with dealer reporting and the IFQ program, e.g., landing transactions, online. However, these regulations also specify that during catastrophic conditions, as determined by the RA, the RA may waive or modify the reporting time requirements for dealers and authorize IFQ participants to use paper-based forms to complete administrative functions for the duration of the catastrophic conditions. The RA must determine that catastrophic conditions exist, specify the duration of the catastrophic conditions, and specify which participants or geographic areas are deemed affected. Hurricane Michael made landfall in the U.S. near Mexico Beach, Florida, in the Gulf as a Category 4 hurricane on October 10, 2018. Strong winds and flooding from this hurricane impacted communities throughout Florida's panhandle region and coastal Alabama, resulting in power outages and damage to homes, businesses, and infrastructure. As a result, the RA has determined that catastrophic conditions exist in the following counties along the Gulf: Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Suwannee, Taylor, Wakulla, Walton, and Washington County, Florida; and Barbour, Bullock, Coffee, Dale, Geneva, Henry, Houston, Lee, Macon, and Russell County, Alabama. Through this temporary rule, the RA is authorizing Federal dealers in this affected area to delay reporting of trip tickets to NOAA Fisheries and IFQ dealers in this affected area to use paper-based forms, from October 12, 2018, through November 21, 2018. NMFS will provide additional notification to affected dealers via NOAA Weather Radio, Fishery Bulletins, and other appropriate means. NOAA Fisheries will continue to monitor and re-evaluate the areas and duration of the catastrophic conditions, as necessary. Dealers may delay electronic reporting of trip tickets to NMFS during catastrophic conditions. Dealers are to report all landings to NMFS as soon as possible. Assistance for Federal dealers in effected area is available from the Fisheries Monitoring Branch at 1-305-361- 4581. NMFS previously provided IFQ dealers with the necessary paper forms (sequentially coded) and instructions for submission in the event of catastrophic conditions. Paper forms are also available from the RA upon request. The electronic systems for submitting information to NMFS will continue to be available to all dealers, and dealers in the affected area are encouraged to continue using these systems, if accessible. The administrative program functions available to IFQ dealers in the area affected by catastrophic conditions will be limited under the paper-based system. There will be no mechanism for transfers of IFQ shares or allocation under the paper-based system in effect during catastrophic conditions. Assistance in complying with the requirements of the paper-based system will be available via the Catch Share Support line, 1-866-425-7627 Monday through Friday, between 8 a.m. and 4:30 p.m., Eastern Time. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of reef fish and CMP species managed under the Gulf IFQ Programs and the Federal dealer reporting programs, as applicable, and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.5(c)(iii), 622.21(a)(3)(iii), and 622.22(a)(3)(iii), and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because this 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 the requirements to provide prior notice and opportunity for public comment on this temporary rule. Such procedures are unnecessary because the final rules implementing the Gulf IFQ programs and the Gulf and Atlantic Federal dealer reporting have already been subject to notice and public comment. These rules authorize the RA to determine when catastrophic conditions exist, and which participants or geographic areas are deemed affected by catastrophic conditions. The final rules also authorize the RA to provide timely notice to affected participants via publication of notification in the Federal Register, NOAA Weather Radio, [[Page 52332]] Fishery Bulletins, and other appropriate means. All that remains is to notify the public that catastrophic conditions exist and that paper forms may be utilized by IFQ dealers in the affected area and that Federal dealers may submit delayed reports. Additionally, delaying this temporary rule to provide prior notice and opportunity for public comment would be contrary to the public interest because affected dealers are still fishing for and receiving these species in the affected area and need a means of completing their landing transactions. With the power outages and damages to infrastructure that have occurred in the affected area due to Hurricane Michael, numerous businesses are unable to complete landings transactions and dealer reports electronically. In order to continue with their businesses, IFQ dealers need to be aware they can still complete landing transactions and dealer reports using the paper forms. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: October 12, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-22647 Filed 10-12-18; 4:15 pm] BILLING CODE 3510-22-P
![52330 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
7.4.2 Activation i. Some mailpieces may be reshipped 1.2 Overweight Items
Customers must enroll for PFS-Local separately from the PFS-Local shipment [Revise 1.2 by adding a new last
and pay the annual enrollment fee to the customer’s deliverable physical sentence to read as follows:]
online via USPS.com at www.usps.com/ street address. * * * Unless the item is picked up at
manage/forward.htm for residential/ j. Customers may cancel their PFS- the same facility where it was entered,
individual boxholders or the Business Local service effective 24 hours after the an Overweight item charge of $100 will
Customer Gateway at https:// USPS receives the customer’s request be assessed and must be paid by any
gateway.usps.com/eAdmin/view/signin for cancellation through USPS.com or authorized retail payment method or
for business/organization boxholders. the Business Customer Gateway. The through the Enterprise Payment System,
Customers must specify the active P.O. customer must pay all reshipment fees before release of the item.
Box, a deliverable destination address, as applicable for any reshipments * * * * *
and frequency (Monday through already scheduled before cancellation of
Saturday). Service is activated service is made effective. Notice 123 (Price List)
electronically, upon receipt of an email k. USPS may cancel a customer’s PFS- [Revise competitive prices as
confirmation. Local service request effective 24 hours applicable.]
7.4.3 Conditions after the customer receives written * * * * *
notice of cancellation from the serving We will publish an appropriate
Only the residential/individual use Post Office. Cancellation is based upon amendment to 39 CFR part 111 to reflect
P.O. Box customer or authorized the customer‘s failure to pay the fees, these changes.
recipient (or legal agent) of a business’ failure to meet the standards for PFS-
(or organization’s) P.O. Box mail that is Local service, or when there is Ruth B. Stevenson,
on file may activate the request for PFS- substantial reason to believe that the Attorney, Federal Compliance.
Local service. PFS-Local service is service is being or will be used for [FR Doc. 2018–22474 Filed 10–16–18; 8:45 am]
subject to these conditions: unlawful activities (in this case, BILLING CODE 7710–12–P
a. Customers must pay an annual cancellation within less than 24-hours
enrollment fee per P.O. Box to establish may be granted by USPS). The customer
service. The enrollment fee is may appeal this cancellation of services
refundable only if the request is denied. DEPARTMENT OF COMMERCE
to the Manager, Post Office Operations,
b. The annual enrollment and
but must pay for all reshipment fees as National Oceanic and Atmospheric
reshipment fees are paid using a credit
applicable for any service provided Administration
card for residential/individual use P.O.
Box customers or a permit linked to the during the appeal period.
50 CFR Part 622
Enterprise Payment System (EPS) 7.4.4 Prohibited Use
account for commercial customers. [Docket Nos. 090206140–91081–03 and
c. The reshipment fee is charged for PFS-Local is not available for: 120405260–4258–02]
each reshipment container. Customers a. Customers who have an active
RIN 0648–XG550
may request reshipments Monday change-of-address (COA) (temporary or
through Saturday. permanent). Authorization of Revised Reporting
d. If no mail is collected for b. Customers who have an active Hold Requirements Due to Catastrophic
reshipment on a designated frequency Mail Authorization (Form 8076). Mail Conditions for Federal Seafood
day, no reshipment fee is charged. that has previously been held at the Dealers and Individual Fishing Quota
e. Any mailpiece arriving postage due primary P.O. Box address cannot be Dealers in Portions of Florida
is charged using the customer’s postage included in the reshipments.
due account prior to delivery. If no c. Customers who have a no-fee Group AGENCY: National Marine Fisheries
account exists, the appropriate postage E P.O. Box. Service (NMFS), National Oceanic and
due is collected upon delivery. Atmospheric Administration (NOAA),
d. Customers whose primary P.O. Box
f. A business must keep a postage-due Commerce.
address is a central point to which the
merchandise return service (MRS) ACTION: Temporary rule; determination
USPS provides delivery in bulk to a
account or business reply mail (BRM) of catastrophic conditions.
third party, such as a commercial mail
account at the originating postal facility
receiving agency (CMRA). SUMMARY: In accordance with the
where the P.O. Box or business street
address is located. Any short paid, MRS, e. Customers whose primary address regulations implementing the individual
or BRM pieces will be charged to the or temporary address is an APO/FPO or fishing quota (IFQ) and Federal dealer
mailer’s account prior to reshipment. DPO. reporting programs specific to the
g. Any mailpiece indicating surface f. Customers whose address is within commercial reef fish fishery in the Gulf
only transportation such as Label 127, the 969 3-digit ZIP Code area or is of Mexico (Gulf) and the coastal
Surface Mail only, or bears other otherwise in a U.S. territory or migratory pelagic (CMP) fisheries in the
hazardous materials markings such as possession that requires a customs Gulf, the Regional Administrator (RA),
‘‘Consumer Commodity ORM–D’’ is not declaration. Southeast Region, NMFS has
included in the reshipment and a g. Customers who have an active PFS- determined that Hurricane Michael has
delivery notice will be provided in the Residential or PFS-Commercial order. caused catastrophic conditions in
PFS-Local reshipment. * * * * * multiple counties. This temporary rule
h. Mailpieces that do not fit in the announcing the determination of
daltland on DSKBBV9HB2PROD with RULES
reshipment container, or that require a 600 Basic Standards for All Mailing catastrophic conditions and
scan or signature, will be scanned Services authorization to use alternative methods
(when applicable) and recorded on a 601 Mailability for completing required IFQ and other
firm sheet (Form 3883–A) for delivery in dealer reporting administrative
the PFS-Local reshipment upon 1.0 General Standards functions is intended to facilitate
signature of Form 3849. * * * * * continuation of IFQ and dealer reporting
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![52332 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations
Fishery Bulletins, and other appropriate Atmospheric Administration (NOAA), directed fishing for pollock in Statistical
means. All that remains is to notify the Commerce. Area 610 of the GOA.
public that catastrophic conditions exist ACTION: Temporary rule; closure. While this closure is effective the
and that paper forms may be utilized by maximum retainable amounts at
IFQ dealers in the affected area and that SUMMARY: NMFS is prohibiting directed
fishing for pollock in Statistical Area § 679.20(e) and (f) apply at any time
Federal dealers may submit delayed
610 in the Gulf of Alaska (GOA). This during a trip.
reports. Additionally, delaying this
temporary rule to provide prior notice action is necessary to prevent exceeding Classification
and opportunity for public comment the 2018 total allowable catch of pollock
would be contrary to the public interest for Statistical Area 610 in the GOA. This action responds to the best
because affected dealers are still fishing DATES: Effective 1200 hours, Alaska available information recently obtained
for and receiving these species in the local time (A.l.t.), October 13, 2018, from the fishery. The Assistant
affected area and need a means of through 2400 hours, A.l.t., December 31, Administrator for Fisheries, NOAA
completing their landing transactions. 2018. (AA), finds good cause to waive the
With the power outages and damages to FOR FURTHER INFORMATION CONTACT: Josh requirement to provide prior notice and
infrastructure that have occurred in the Keaton, 907–586–7228. opportunity for public comment
affected area due to Hurricane Michael, SUPPLEMENTARY INFORMATION: NMFS pursuant to the authority set forth at 5
numerous businesses are unable to manages the groundfish fishery in the U.S.C. 553(b)(B) as such requirement is
complete landings transactions and impracticable and contrary to the public
GOA exclusive economic zone
dealer reports electronically. In order to interest. This requirement is
according to the Fishery Management
continue with their businesses, IFQ impracticable and contrary to the public
Plan for Groundfish of the Gulf of
dealers need to be aware they can still
Alaska (FMP) prepared by the North interest as it would prevent NMFS from
complete landing transactions and
Pacific Fishery Management Council responding to the most recent fisheries
dealer reports using the paper forms.
For the aforementioned reasons, the under authority of the Magnuson- data in a timely fashion and would
AA also finds good cause to waive the Stevens Fishery Conservation and delay the closure of directed fishing for
30-day delay in the effectiveness of this Management Act. Regulations governing pollock in Statistical Area 610 of the
action under 5 U.S.C. 553(d)(3). fishing by U.S. vessels in accordance GOA. NMFS was unable to publish a
with the FMP appear at subpart H of 50 notice providing time for public
Authority: 16 U.S.C. 1801 et seq. CFR part 600 and 50 CFR part 679. comment because the most recent,
Dated: October 12, 2018. The 2018 total allowable catch (TAC) relevant data only became available as
Margo B. Schulze-Haugen, of pollock in Statistical Area 610 of the of October 11, 2018.
Acting Director, Office of Sustainable GOA is 30,799 metric tons (mt) as
Fisheries, National Marine Fisheries Service. established by the final 2018 and 2019 The AA also finds good cause to
[FR Doc. 2018–22647 Filed 10–12–18; 4:15 pm] harvest specifications for groundfish in waive the 30-day delay in the effective
BILLING CODE 3510–22–P the GOA (83 FR 8768, March 1, 2018) date of this action under 5 U.S.C.
and one in-season adjustment (83 FR 553(d)(3). This finding is based upon
42609, August 23, 2018). the reasons provided above for waiver of
DEPARTMENT OF COMMERCE In accordance with § 679.20(d)(1)(i), prior notice and opportunity for public
the Regional Administrator has comment.
National Oceanic and Atmospheric determined that the 2018 TAC of This action is required by § 679.20
Administration pollock in Statistical Area 610 of the and is exempt from review under
GOA will soon be reached. Therefore, Executive Order 12866.
50 CFR Part 679 the Regional Administrator is
establishing a directed fishing Authority: 16 U.S.C. 1801 et seq.
[Docket No. 170816769–8162–02]
allowance of 30,699 mt and is setting Dated: October 12, 2018.
RIN 0648–XG528 aside the remaining 100 mt as bycatch Margo B. Schulze-Haugen,
to support other anticipated groundfish
Fisheries of the Exclusive Economic Acting Director, Office of Sustainable
fisheries. In accordance with
Zone Off Alaska; Pollock in Statistical Fisheries, National Marine Fisheries Service.
§ 679.20(d)(1)(iii), the Regional
Area 610 in the Gulf of Alaska [FR Doc. 2018–22642 Filed 10–12–18; 4:15 pm]
Administrator finds that this directed
AGENCY: National Marine Fisheries fishing allowance has been reached. BILLING CODE 3510–22–P
Service (NMFS), National Oceanic and Consequently, NMFS is prohibiting
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-10-17 01:48:22
Document Modified: 2018-10-17 01:48:22
| 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; determination of catastrophic conditions. | |
| Dates | The RA is authorizing Federal dealers and IFQ dealers in the affected area to use revised reporting methods from October 12, 2018, through November 21, 2018. | |
| Contact | IFQ Customer Service, telephone: 866- 425-7627, fax: 727-824-5308, email: [email protected] For Federal dealer reporting, Fisheries Monitoring Branch, telephone: 305- 361-4581. | |
| FR Citation | 83 FR 52330 | |
| RIN Number | 0648-XG55 |
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