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Federal Register/Vol. 85, No. 251/Thursday, December 31, 2020/Proposed Rules

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Federal Register/Vol. 85, No. 251/Thursday, December 31, 2020/Proposed Rules 86878 Federal Register / Vol. 85, No. 251 / Thursday, December 31, 2020 / Proposed Rules captive rail shippers to utility DEPARTMENT OF COMMERCE are a part of the public record and will customers, favoring an approach that generally be posted for public viewing conforms to Generally Accepted National Oceanic and Atmospheric on www.regulations.gov without change. Accounting Principles (GAAP), and Administration All personal identifying information determining that removing the effect of (e.g., name, address, etc.), confidential deferred taxes led to a more accurate 50 CFR Parts 229 and 697 business information, or otherwise representation of railroad profitability. [Docket No. 201221–0351] sensitive information submitted See id. at 272–75; Consol. Rail Corp. v. voluntarily by the sender will be RIN 0648–BJ09 United States, 855 F.2d 78, 93 (3rd Cir. publicly accessible. We will accept anonymous comments (enter ‘‘N/A’’ in 1988) (affirming the ICC’s decision and Taking of Marine Mammals Incidental the required fields if you wish to remain finding that the ‘‘adjustment of its to Commercial Fishing Operations; anonymous). Comments sent by any formula in the interests of accuracy is Atlantic Large Whale Take Reduction other method, to any other address or rational’’). Does the ICC’s reasoning for Plan Regulations; Atlantic Coastal individual, or received after the end of adopting the utility method remain Fisheries Cooperative Management the comment period, may not be Act Provisions; American Lobster valid, specifically with respect to considered by us. analogizing captive shippers to utility Fishery Oral Comments: Remote public customers, determining whether the AGENCY: National Marine Fisheries meeting access information will be utility method continues to conform Service (NMFS), National Oceanic and posted on the Plan website with GAAP today, and finding that the Atmospheric Administration (NOAA), fisheries.noaa.gov/ALWTRP or contact utility method led to a more accurate Commerce. Colleen Coogan for information on representation of railroad profitability? ACTION: Proposed rule; request for locations and dates. Contact information Additionally, the Joint Carriers will be comments. below. requested to file workpapers sufficient Copies of this action, including the to replicate the analysis underlying their SUMMARY: NMFS proposes to amend the Draft Environmental Impact Statement proposals and to make those regulations implementing the Atlantic (DEIS) and the Regulatory Impact workpapers available, upon request, to Large Whale Take Reduction Plan to Review/Initial Regulatory Flexibility Analysis (DEIS/RIR/IRFA) prepared in other participants in this proceeding, reduce the incidental mortality and serious injury to North Atlantic right support of this action, are available via under an appropriate protective order. whales (Eubalaena glacialis), fin whales the internet at https:// Interested persons may file comments (Balaenoptera physalus), and humpback www.regulations.gov/ or by contacting by March 1, 2021. If any comments are whales (Megaptera novaeangliae) in Colleen Coogan at the contact filed, replies will be due by March 31, northeast commercial lobster and crab information below. 2021. trap/pot fisheries to meet the goals of Several of the background documents It is ordered: the Marine Mammal Protection Act and for the Plan and the take reduction the Endangered Species Act. In planning process can be downloaded 1. A rulemaking proceeding is addition, this action also proposes a from the Plan website. Copies of the initiated, as discussed above. small revision to Federal regulations DEIS/RIR/IRFA for this action can also 2. Comments are due March 1, 2021; implemented under the Atlantic State be obtained from the Plan website. replies are due March 31, 2021. Marine Fisheries Commissions’ Information on the Decision Support 3. The Joint Carriers are requested to Interstate Fishery Management Plan for Tool and Co-Occurrence model used to file workpapers sufficient to replicate Lobster to increase the maximum length support the development and analysis the analysis underlying their proposals of a lobster trap trawl groundline. This of the proposed regulations can be found in appendices to the DEIS. The and to make those workpapers available, action is necessary to reduce the risks to complete text of current regulations upon request, to other participants in North Atlantic right whales and other large whales associated with the implementing the Plan can be found in this proceeding, under an appropriate presence of fishing gear in waters used 50 CFR 229.32 or downloaded from the protective order. by these animals. Plan’s website, along with outreach 4. Notice of this decision will be DATES: Submit comments on or before compliance guides to current published in the Federal Register. March 1, 2021. regulations. The complete text of 5. This decision is effective on its Public Hearings: Eight or more remote current regulations implementing the service date. public meetings will be held during the Lobster Plan can be found at 50 CFR public comment period. See ADDRESSES part 697. Decided Date: December 22, 2020. to obtain public hearing notification FOR FURTHER INFORMATION CONTACT: By the Board, Board Members Begeman, details. Colleen Coogan, NMFS, Greater Atlantic Fuchs, and Oberman. ADDRESSES: You may submit comments, Regional Fisheries Office, 978–281– Andrea Pope-Matheson, identified by NOAA–NMFS–2020–0031, 9181, [email protected]. Clearance Clerk. by either of the following methods: SUPPLEMENTARY INFORMATION: • [FR Doc. 2020–28864 Filed 12–30–20; 8:45 am] Electronic Submission: Submit all Table of Contents BILLING CODE 4915–01–P electronic public comments via the Federal eRulemaking Portal. Go to Background www.regulations.gov/ Summary of Proposed Changes #!docketDetail;D=NOAA-NMFS-2020- Changes Proposed To Reduce the Number of Vertical Buoy Lines 0031, click the ‘‘Comment Now!’’ icon Changes to Closure Areas and complete the required fields, and Gear Modifications To Include Weak Line or enter or attach your comments. Weak Insertions in Buoy Lines Instructions: All comments received Gear Marking Changes that are timely and properly submitted Addition to Definitions VerDate Sep<11>2014 17:54 Dec 30, 2020 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\31DEP1.SGM 31DEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 251 / Thursday, December 31, 2020 / Proposed Rules 86879 Change in the Maximum Length of a Lobster Atlantic blue crab trap/pot, and of entanglement. The evidence of a Trap Trawl Northeast/Mid-Atlantic American declining population exacerbated by Classification lobster trap/pot. Proposed modifications high mortalities caused NMFS to References for this rulemaking are limited in scope convene subgroups of the ALWTRT in Background to the crab and trap/pot fisheries in the early 2018 to investigate the feasibility The Atlantic Large Whale Take Northeast Region Trap/Pot Management of risk reduction measures. A meeting of Reduction Plan (ALWTRP, or Plan) was Area (Northeast Region). The Northeast the full Team was held in October 2018 originally developed pursuant to section Region encompasses those waters where to develop recommendations for 118 of the Marine Mammal Protection year-round trap/pot measures are modifying the Take Reduction Plan. required as described in 50 CFR 229.32. As described in detail in Chapter 3 of Act (MMPA, 16 U.S.C. 1387 to reduce This area includes the Northern Inshore the DEIS prepared in support of this the level of mortality and serious injury State Trap/Pot Waters, the Northern action and very briefly below, the of three stocks of large whales (fin, Nearshore Trap/Pot Waters Areas, the location and exact fishery in which each humpback, and North Atlantic right) Massachusetts Restricted Area, the Great entanglement incident occurs can rarely interacting with Category I and II South Channel Restricted Trap/Pot be determined. However, over 95 fisheries. Under the MMPA a strategic Area, the Jordan Basin, Jeffreys Ledge, percent of vertical buoy lines fished stock of marine mammals is defined as and Stellwagen Bank Restricted Areas along the U.S. East Coast in waters not a stock: (1) For which the level of direct and the northeast Offshore Trap/Pot currently exempt from Plan human-caused mortality exceeds the Waters Area that are within the area requirements are fished by the lobster Potential Biological Removal (PBR) bounded on the west by a straight line and Jonah crab trap/pot fishery—93 level; (2) which, based on the best running south from the coast at 41°18.2′ percent within the Northeast Region. available scientific information, is N latitude, 71°51.5′ W longitude to For this reason and given the magnitude declining and is likely to be listed as a 40°00′ N latitude, and then bounded on of the issue, NMFS is addressing this threatened species under the the south by a line running east along issue in phases to expedite rulemaking. Endangered Species Act of 1973 (ESA) 40°00′ N latitude to the eastern edge of The initial phase focused the scope of within the foreseeable future; or (3) the Exclusive Economic Zone (EEZ) the Team meetings on developing which is listed as a threatened or (Figure 1). recommendations for the Northeast endangered species under the ESA or is The background for the take reduction Region lobster and Jonah crab trap/pot designated as depleted under the planning process and initial fisheries. In 2021, the ALWTRT will be MMPA (16 U.S.C. 1362(19)). When development of the Plan is provided in asked to recommend modifications to incidental mortality or serious injury of the preambles to the proposed (62 FR the Take Reduction Plan to address risk marine mammals from commercial 16519, April 7, 1997), interim final (62 in the remaining fixed gear fisheries that fishing is over the PBR level, NMFS FR 39157, July 22, 1997), and final (64 use buoy lines, including other trap/pot convenes a take reduction team made FR 7529, February 16, 1999) rules that fisheries and gillnet fisheries coastwide.
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