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category of All Other Ordering Clauses and Regulatory Flexibility Analysis Telecommunications. 58. Pursuant to sections 1, 2, and 225 (RFA). E. Description of Projected Reporting, of the Communications Act of 1934, as FOR FURTHER INFORMATION CONTACT: Recordkeeping, and Other Compliance amended, 47 U.S.C. 151, 152, 225, Frank Helies, NMFS Southeast Regional Requirements document FCC 20–132 is adopted. Office, telephone: 727–824–5305, or 59. The application of the pre-existing email: [email protected]. 55. In maintaining cost-based rates, $1.58 compensation rate for IP CTS is SUPPLEMENTARY INFORMATION: NMFS and the Commission will continue to require extended through November 30, 2020. 60. Sprint’s Petition for the Council manage the snapper-grouper IP CTS providers to file annual cost and fishery under the Snapper-Grouper demand data reports with the TRS Fund Reconsideration of the interim rates adopted in the 2018 Order is denied. FMP, which includes red snapper. The administrator. There is no additional Snapper-Grouper FMP was prepared by burden on IP CTS providers to file these Federal Communications Commission. the Council and is implemented by reports. The Commission does not make Marlene H. Dortch, NMFS through regulations at 50 CFR any changes to the cost categories Secretary. part 622 under the authority of the reported by providers. The Commission [FR Doc. 2020–22530 Filed 10–13–20; 8:45 am] Magnuson-Stevens Fishery has received approval to require the BILLING CODE 6712–01–P Conservation and Management Act collection of such information pursuant (Magnuson-Stevens Act) (16 U.S.C. 1801 to the Paperwork Reduction Act of 1995 et seq.). (PRA). DEPARTMENT OF COMMERCE On May 14, 2020, NMFS published F. Steps Taken To Minimize Significant the proposed rule for Regulatory National Oceanic and Atmospheric Impact on Small Entities, and Amendment 33 and requested public Administration Significant Alternatives Considered comment (85 FR 28924). The proposed rule and the Regulatory Amendment 33 56. The rates set by the Commission 50 CFR Part 622 outline the rationale for the actions compensate providers for the average [Docket No. 200916–0245] contained in this final rule. A summary reasonable cost of providing service, of the management measure described reduce unnecessary burdens on TRS RIN 0648–BJ55 in the Regulatory Amendment 33 and implemented by this final rule is Fund contributors—and, indirectly, on Fisheries of the Caribbean, Gulf of described below. their subscribers—and ensure that IP Mexico, and South Atlantic; Snapper- CTS is available to all eligible users to Grouper Fishery of the South Atlantic Background the extent possible and in the most Region; Regulatory Amendment 33 efficient manner. Adopting a single, The harvest of red snapper from generally applicable compensation rate AGENCY: National Marine Fisheries South Atlantic Federal waters was for each rate period treats all providers Service (NMFS), National Oceanic and prohibited in 2010 through Amendment equally while minimizing significant Atmospheric Administration (NOAA), 17A to the Snapper Grouper FMP when impact on small entities. Under this Commerce. the stock was determined to be technology-neutral approach, small- ACTION: Final rule. overfished and undergoing overfishing business providers of IP CTS are (75 FR 76874; December 9, 2010). The SUMMARY: afforded wide flexibility to reduce costs NMFS issues regulations to Council developed a process for implement a management measure and increase efficiency during the rate allowing limited harvest of red snapper described in Regulatory Amendment 33 period, e.g., by making greater use of through Amendment 28 to the Snapper- to the Fishery Management Plan (FMP) ASR technology, while continuing to Grouper FMP (78 FR 44461; July 24, for the Snapper-Grouper Fishery of the 2013). In 2018, the Council revised that obtain TRS Fund support at the same South Atlantic Region (Snapper- process and revised the commercial and rate. In addition, the phased, ‘‘glide Grouper FMP), as prepared and recreational annual catch limits (ACLs) path’’ reduction of compensation to the submitted by the South Atlantic Fishery through Amendment 43 to the Snapper- average cost level provides additional Management Council (Council). This Grouper FMP (83 FR 35428; July 26, flexibility for small-business providers final rule removes the 4-day minimum 2018). to make efficiency adjustments over season length requirement for South The commercial ACL is 124,815 lb time. The Commission considered Atlantic red snapper (commercial or (56,615 kg) round weight, and the various alternative compensation recreational). The purpose of this final commercial season begins on the second methodologies, including an auction rule is to improve access to South Monday in July each year. The and a tiered structure of varying Atlantic red snapper, particularly for the commercial ACL is monitored during compensation rates, and finds that, at recreational sector. the season and the sector is closed when this time, to reduce the burden on TRS DATES: This final rule is effective the ACL is reached or projected to be Fund contributors (which affects rates November 13, 2020. reached. The commercial fishing season charged to all telephone users) and to ADDRESSES: Electronic copies of was open for 60 days in 2017, 116 days fairly compensate the IP CTS providers, Regulatory Amendment 33 to the in 2018, and 54 days in 2019. a cost-based rate best fulfills the Snapper Grouper FMP (Regulatory The recreational ACL is 29,656 fish, statutory obligation to ensure the Amendment 33) may be obtained from and the recreational season begins on availability of functionally equivalent www.regulations.gov or the Southeast the second Friday in July and consists service in the most efficient manner. Regional Office website at https:// of weekends only (Friday, Saturday, and 57. The Commission sent a copy of www.fisheries.noaa.gov/action/ Sunday). The length of the recreational document FCC 20–132, including the regulatory-amendment-33-red-snapper- red snapper season is projected based Final Regulatory Flexibility Analysis, to fishing-seasons. Regulatory Amendment on catch rate estimates from previous the Chief Counsel for Advocacy of the 33 includes an environmental years, and the length of the projected Small Business Administration. assessment, regulatory impact review, fishing season is announced each year

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in the Federal Register before the start snapper harvest could be open for either previously, under the Snapper-Grouper of the season. commercial or recreational harvest for FMP, the commercial and recreational For South Atlantic red snapper, less than 4 days. For the recreational sectors are managed independently to NMFS annually projects the number of sector particularly, this measure could constrain their harvest to the respective days that it would take for the allow for a fishing season to occur that ACLs. The red snapper recreational and commercial and recreational sectors to otherwise would not be allowed. NMFS commercial ACLs are determined based reach their respective ACL. If NMFS expects this measure to increase the upon the current sector allocation ratio projects the South Atlantic red snapper flexibility for recreational sector access developed by the Council of 71.93 season (commercial or recreational) to red snapper and enhance recreational percent for the recreational sector and would be 3 days or less, the respective fishing opportunities. NMFS notes that 28.07 percent for the commercial sector. season would not open for that fishing the recreational ACL and accountability The commercial harvest, restricted by a year. Under both the current regulations measures are not changing in this final trip limit of 75 lb (34 kg), gutted weight, and the regulations in this final rule, the rule, and thus, no negative impacts to is monitored via commercial logbooks red snapper commercial and the stock are expected. and dealer reports and is closed when recreational seasons are projected and the commercial ACL is met or projected Comments and Responses managed independently of each other; to be met. Therefore, allowing harvest that is, harvest for one sector can occur NMFS received 42 comments from by the commercial sector is not without the other. However, NMFS individuals, commercial and expected to negatively impact the status notes that to date, there has not been a recreational fishermen, and fishing of the red snapper stock. fishing year where one sector was organizations during the public One of the primary objectives of this allowed to harvest red snapper and the comment period on the proposed rule action is to increase the likelihood that other was not. NMFS initially for Regulatory Amendment 33. Most the recreational sector will continue to implemented the 3-day minimum comments were in support of allowing have a fishing season. NMFS expects season length provision in 2013 because red snapper commercial and that this final rule will increase fishing the Council determined that a season of recreational fishing seasons, regardless opportunities for the recreational sector less than 4 days would not provide of length. NMFS acknowledges the that would otherwise be foregone, sufficient fishing opportunity to the comments in favor of the action in the thereby allowing future economic public (78 FR 44461, July 24, 2013). proposed rule and agrees with them. benefits coming from the recreational Recreational fishermen have Some comments were outside the scope harvest of red snapper that would not expressed concern to the Council and of the proposed rule and are not have been realized. NMFS that as the South Atlantic red responded to in this final rule. Comment 3: If NMFS projects that a snapper population recovers and catch Comments that opposed the action commercial season is allowed, then it is rates increase, access to the red snapper contained in Regulatory Amendment 33 only fair to also have a recreational resource could decline. Specifically, as and the proposed rule are summarized season. If no recreational season is the red snapper population rebuilds, below, along with NMFS’ responses. projected, you should close the more fish are available for harvest and Comment 1: If the commercial or commercial season as well. effort has generally increased during the recreational season is projected to be 3 Response: NMFS disagrees. As South Atlantic red snapper recreational days or less, it is better for the stock in discussed in the response to Comment fishing season, particularly off the east the long term to not open the season. 2, the red snapper commercial and coast of Florida. Therefore, with no Response: NMFS acknowledges that recreational seasons are projected and change in the recreational red snapper allowing harvest of South Atlantic red managed independently of each other ACL, fishing seasons in future years snapper during a 3 day or less fishing and harvest of one sector can occur could get shorter despite the population season as described in this final rule without the other. NMFS notes that to rebuilding. The length of the red could result in higher fishing mortality date, there has not been a fishing year snapper recreational season has than would occur if harvest were where one sector was open to the declined from 10 days in 2017, to 6 days prohibited. However, allowing harvest harvest of red snapper and the other in 2018, 5 days in 2019, and 4 days in for 3 days or less is not expected to sector was closed. However, because the 2020, as a result of the recreational ACL negatively impact the red snapper stock commercial season for red snapper has being projected to be reached sooner in because the overall harvest would remained open for a period significantly each year. To better ensure recreational continue to be limited to the longer than 3 days during recent years, access to red snapper, this final rule commercial and recreational ACLs, and NMFS expects that the commercial removes the 4-day minimum season accountability measures and other season would continue to open length requirement. In addition, because existing red snapper regulations will regardless of this rule. the commercial season for red snapper remain in place. NMFS projects when recreational has remained open for several months Comment 2: If either sector’s fishing landings will reach the recreational ACL each year in recent years when the season is projected to be 3 days or less, for each fishing season. Without this harvest of red snapper was allowed, only the recreational season should be final rule being implemented, a NMFS expects that the duration of the opened under those conditions because recreational season would not occur if commercial season will not be impacted the commercial sector has the greater NMFS projects a recreational season of by this action. potential to negatively affect the red 3 days or less. Allowing a recreational snapper population, and the season to occur contrary to season Management Measures Contained in recreational sector generates more projections would increase the This Final Rule revenue to the economy. likelihood of exceeding the recreational This final rule removes the Response: NMFS acknowledges the and total ACLs, which could negatively requirement that if NMFS projects a red importance of red snapper for the affect stock rebuilding. It could also snapper season (commercial or recreational sector but disagrees that the increase the risk that a fishing season recreational) would be 3 days or less, commercial season should be limited if the next year would not be allowed to the respective fishing season will not the recreational season is projected to be open because of the increased landings open for that fishing year. Therefore, red less than 4 days. As explained the previous year.

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Classification The Chief Counsel for Regulation of Dated: September 16, 2020. the Department of Commerce certified Samuel D. Rauch III, Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS to the Chief Counsel for Advocacy of the Deputy Assistant Administrator for Small Business Administration during Regulatory Programs, National Marine Assistant Administrator has determined Fisheries Service. that this final rule is consistent with the proposed rule stage that this action For the reasons set out in the Regulatory Amendment 33, the would not have a significant economic preamble, 50 CFR part 622 is amended Snapper-Grouper FMP, other provisions impact on a substantial number of small as follows: of the Magnuson-Stevens Act, and other entities. The factual basis for the certification was published in the applicable law. PART 622—FISHERIES OF THE This final rule has been determined to proposed rule and is not repeated here. CARIBBEAN, GULF OF MEXICO, AND be not significant for purposes of No comments were received regarding SOUTH ATLANTIC Executive Order 12866. This final rule the certification and NMFS has not is considered an Executive Order 13771 received any new information that ■ 1. The authority citation for part 622 deregulatory action. would affect its determination. As a continues to read as follows: The Magnuson-Stevens Act provides result, a regulatory flexibility analysis Authority: 16 U.S.C. 1801 et seq. the statutory basis for this final rule. No was not required and none was duplicative, overlapping, or conflicting prepared. § 622.183 [Amended] Federal rules have been identified. In addition, no new reporting, record- List of Subjects in 50 CFR Part 622 ■ 2. In § 622.183, remove paragraph (b)(5)(iii). keeping, or other compliance Fisheries, Fishing, Red snapper, requirements are introduced by this Seasons, South Atlantic. [FR Doc. 2020–20882 Filed 10–13–20; 8:45 am] final rule. BILLING CODE 3510–22–P

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