Federal Register / Vol. 86, No. 84 / Tuesday, , 2021 / Rules and Regulations 23629

but constitute a single model for secure telephones, as defined by § 68.3, extended for owner/operators that purposes of the hearing aid are exempt from the requirement in this submitted their security training compatibility rules, identifying each paragraph (b). programs to TSA by the current device by marketing model name/ * * * * * deadline of 22, 2021. These number and FCC ID number; [FR Doc. 2021–08973 Filed 5–3–21; 8:45 am] owner/operators will have an additional (viii) Status of product labeling; BILLING CODE 6712–01–P 90 days (15 rather than 12 (ix) Outreach efforts; and months) to complete initial training of (x) If the manufacturer maintains a their security-sensitive employees. public website, the website address of DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: the page(s) containing the information SECURITY Victor Parker (TSA, Policy, Plans, and regarding hearing aid-compatible Engagement, Surface Division) or David handset models required by paragraph Transportation Security Administration Kasminoff (TSA, Office of Chief (h) of this section. Counsel, Regulations and Security (4) Format. The Wireless 49 CFR Parts 1570 and 1582 Standards) by telephone at (571) 227– Telecommunications Bureau is [Docket No. TSA–2015–0001] 5563 or email to delegated authority to approve or [email protected]. RIN 1652–AA55 prescribe forms, formats, and methods SUPPLEMENTARY INFORMATION: for submission of the reports and certifications in addition to or instead of Security Training for Surface I. Background those required by this section. Any Transportation Employees; Extension of Compliance Dates; Correcting A. Security Training Final Rule and format that the Bureau may approve or Previous Amendments prescribe shall be made available on the Amendments TSA published the Security Training Bureau’s website. AGENCY: Transportation Security Final Rule on , 2020.1 This * * * * * Administration, DHS. rule requires owner/operators of higher- ACTION: Final rule. PART 68—CONNECTION OF risk freight railroad carriers, public TERMINAL EQUIPMENT TO THE SUMMARY: This action amends the transportation agencies (including rail TELEPHONE NETWORK ‘‘Security Training for Surface mass transit and bus systems), passenger Transportation Employees’’ (Security railroad carriers, and over-the-road bus ■ 6. The authority citation for part 68 Training) final rule (published March companies, to provide TSA-approved continues to read as follows: 23, 2020, and amended , 2020, security training to employees Authority: 47 U.S.C. 154, 303, 610. and 26, 2020) to extend the performing security-sensitive functions. compliance date by which a security As published on March 23, 2020, TSA Subpart D—Conditions for Terminal training program must be submitted to scheduled the final rule to take effect on Equipment Approval TSA, and make minor technical 22, 2020, with the first compliance deadline set for 22, 2020.2 On May ■ corrections. TSA is aware that many 7. The authority citation for subpart D owner/operators within the scope of this 1, 2020, TSA delayed the effective date is revised to read as follows: rule’s applicability may be unable to of the final rule to 21, 2020, Authority: 47 U.S.C. 154, 155, 303, 610. meet the compliance deadline for in recognition of the potential impact of the COVID–19 public health crisis and ■ submission of the required security 8. Amend § 68.300 by revising related strain on resources for owner/ paragraph (b) to read as follows: training programs to TSA for approval because of the impact of COVID–19 as operators required to comply with the 3 § 68.300 Labeling requirements. well as actions taken at various levels of regulation. TSA revised all compliance government to address this public dates within the rule to reflect the new * * * * * 4 (b) All registered telephones, health crisis. In response, TSA is effective date. On , 2020, including cordless telephones, as extending the compliance deadline for TSA extended the compliance deadline defined in § 15.3(j) of this chapter, submission of the required security in 49 CFR 1570.109(b)(1) and (b)(2) for manufactured in the training program from , 2021, submission of security training to no later than , 2021. Should programs from 21, 2020, to (other than for export) or imported for 5 use in the United States, that are hearing TSA determine that an additional March 22, 2021. aid compatible, as defined in § 68.316, extension of time is necessary based On 19, 2021, Chairs of the upon the impact of the COVID–19 Rail Sector Coordinating Council shall have the letters ‘‘HAC’’ 6 permanently affixed thereto. public health crisis, TSA will publish a (SCC), Mass Transit SCC, Highway ‘‘Permanently affixed’’ means that the document in the Federal Register label is etched, engraved, stamped, announcing an updated compliance 1 85 FR 16456. 2 silkscreened, indelibly printed, or date for this requirement. See, e.g., 85 FR at 16469. 3 85 FR 25315. otherwise permanently marked on a DATES: 4 See id. for table of extended deadlines for permanently attached part of the Effective Date: This rule is effective compliance. equipment or on a nameplate of metal, May 4, 2021. 5 85 FR 67681. plastic, or other material fastened to the Compliance Dates: The compliance 6 The Sector Coordinating Councils (SCCs) are equipment by welding, riveting, or a dates for submission of security training self-organized and self-governed councils that enable critical infrastructure owners and operators, permanent adhesive. The label must be programs to TSA under § 1570.109(b) is their trade associations, and other industry designed to last the expected lifetime of June 21, 2021 for existing operations representatives to interact on a wide range of sector- the equipment in the environment in and , 2021 for operations specific strategies, policies, and activities. The SCCs which the equipment may be operated that commence or modify operations to coordinate and collaborate with sector-specific agencies (SSAs) and related Government and must not be readily detachable. become subject to the regulation after Coordinating Councils (GCCs) to address the entire Telephones used with public mobile June 21, 2021. The deadline for initial range of critical infrastructure security and services or private radio services, and security training under § 1570.111 is resilience policies and efforts for that sector.

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Motor Carrier SCC, and Short Line B. Correcting Citation Errors public transportation agency,’’ it excepts Industry Lead for the Rail SCC sent a As published, the regulatory text in from the requirement a public letter to the Senior Official Performing the final rule contains several incorrect transportation agency that ‘‘owns or the Duties of the TSA Administrator references to other provisions in the operates a bus-only operation’’ unless requesting a further 90-day delay in the rule. First, TSA intended the ‘‘the owner/operator is identified in date by which regulated entities must applicability of the reporting security appendix A to part 1582 of this submit their security training program issues requirement in 49 CFR 1570.203 subchapter or is otherwise notified by to TSA. Their request was based on the to align with the applicability of the TSA in writing a that a threat exists ongoing impact of the COVID–19 public security coordinator requirement in concerning that operation.’’ TSA is health crisis and the likelihood that the § 1570.201. As noted in the preamble to adding parallel language to § 1570.203, development of the security training the final rule, TSA intended the scope to correct the technical error as it relates program ‘‘rests with the same subject of the security coordinator and reporting to public transportation agencies. matter leads that remain focused on requirement to apply to all rail entities Second, the applicability of 49 CFR containing the spread of, and mitigating covered by Rail Transportation Security 1582.101(c) addresses passenger railroads that host freight railroads. As risks posed by, the pandemic.’’ 7 For rule published in 2008,13 plus— noted in the preamble to the proposed example, many of the regulated entities • ‘‘Any bus operations of a public and final rules, TSA intends for subject to the requirements of this rule transportation owner/operator required passenger railroads to be responsible for are also subject to the mask to provide security training under this ensuring security training requirements requirements imposed pursuant to rule; and • Any OTRB owner/operator required are met when they are hosting a freight Executive Order (E.O.) 13998 of railroad.17 The rule incorrectly cross 21, 2021 (Promoting COVID–19 Safety to provide security training under this 14 references to 49 CFR 1580.301. Part in Domestic and International Travel),8 rule.’’ TSA’s intent is also reflected in the 1580, however, does not include a as further directed and implemented Regulatory Impact Analysis (RIA) for the § 1580.301. The correct citation is to pursuant to the Secretary of Homeland final rule, which only included costs for § 1580.101. Security’s , 2021, expanding the current requirement to Third, § 1582.101(c) references Determination of a National Emergency regulate bus-only transit agencies and passenger railroads identified in (Requiring Actions to Protect the Safety OTRB operations in the higher-risk § 1582.101(a)(1) and (a)(2). Again, these of Americans Using and Employed by areas designated in the appendices to subsections do not exist. The correct 9 the Transportation System), the Centers parts 1582 and 1584.15 Notwithstanding citation is to § 1582.101(a) and (b). This for Disease Control and Prevention’s TSA’s clear intention, the final rule final rule correction replaces the Order,10 TSA’s security directive issued incorrectly applies the reporting incorrect citations with the correct ones. under the authority of 49 U.S.C. 114,11 requirement to, among other entities, C. Compliance Deadline for Submission and additional actions taken by the ‘‘[e]ach owner/operator identified in of Security Training Programs operating administrations of the § . . . 1582.1[.]’’ And § 1582.1, which Department of Transportation.12 provides the scope for all of part 1582, TSA recognizes the impact of COVID– broadly includes ‘‘each public 19 on our surface stakeholders and the 7 See Docket No. TSA–2015–0001–0050 at transportation agency.’’ 16 To be need to provide relief at a time when Regulations.gov for Letter from Thomas Farmer of consistent with TSA’s intent, the many owner/operators are the Association of American Railroads; Polly applicability of the requirement to simultaneously leveraging a range of Hanson of the American Public Transportation resources to address multiple Association; Chief Ronald Pavlik of the Washington report significant security concerns Metropolitan Area Transportation Authority; should mirror the applicability of the challenging circumstances, and Colonel (Ret.) Michael Licata, Academy Bus; and JR requirement to have a security struggling financially and limiting Gelnar of the American Short Line and Regional coordinator under 49 CFR 1570.201. operations due to the effects of the Railroad Association (dated Feb. 19, 2021), as COVID–19 public health crisis. After respective chairs of the SCCs referenced above. While § 1570.201 also applies to ‘‘each 8 Published at 86 FR 7205 (Jan. 26, 2021). considering the current operational 9 Acting Secretary David P. Pekoske, 13 See 73 FR 72129 (Nov. 26, 2008). environment and the purpose of this Determination of a National Emergency Requiring 14 See 85 FR at Table 2 and related discussion at regulation, TSA has decided to further Actions to Protect the Safety of Americans Using 16465–66. extend the compliance deadline in and Employed by the Transportation System (Jan. 15 See Security Training Programs for Surface § 1570.109(b) for security program 27, 2021), available at https://www.dhs.gov/ Transportation Employees Final Regulatory Impact submission from March 22, 2021, to publication/determination-national-emergency- Analysis at sections 3.2.4 (Cost of Implementing requiring-actions-protect-safety-americans-using- Security Training for Surface Mode Employees/ June 21, 2021. and (last visited Mar. 25, 2021). PTPR Industry Costs/Incident Reporting Cost) and This extension would provide the 10 See Centers for Disease Control and Prevention, 3.3.4 (Cost of Implementing Security Training for industry with a total of 270 days of Order, Requirement for Persons To Wear Masks Surface Mode Employees/OTRB Industry Cost/ relief for submission of security training While on Conveyances and at Transportation Hubs, Incident Reporting Cost). The Final RIA is available 86 FR 8025 (Feb. 3, 2021). in the docket for this rulemaking at Regulations.gov programs as compared to the original 11 See Security Directive 1582/84–21–01, as TSA–2015–0001–0040. deadline of , 2020, and applicable to passenger railroads, intercity bus 16 The scope in 1582.1 includes: (1) Each extend the deadline for initial training services, and public transportation. TSA passenger railroad carrier; (2) each public of all employees in security-sensitive simultaneously issued directives applicable to transportation agency; (3) each operator of a rail 18 airports, aircraft operators, and foreign air carriers. transit system that is not operating on track that is positions into the fall of 2022. Should All of these directives are available at: https:// part of the general railroad system of transportation, www.tsa.gov/sd-and-ea. including heavy rail transit, light rail transit, 17 See 85 FR at 16460–16461 (Section II.A.4, 12 See, e.g., Emergency Order No. 32, Notice No.1, automated guideway, cable car, inclined plane, Impact on Certain Business Operations) and 16474 of the Federal Railroad Administration, Emergency funicular, and monorail systems; and (4) each (Section VII.A.3, Stakeholder Consultation/ Order Requiring Face Mask Use in Railroad tourist, scenic, historic, and excursion rail owner/ Comments on definition of ‘‘host railroad’’). Operations (dated Feb. 24, 2021), available at operator, whether operating on or off the general 18 Under the rule, owner/operators have up to one https://railroads.dot.gov/sites/fra.dot.gov/files/ railroad system of transportation. The only year (12 months) after their security training 2021-02/Signed%20EO%2032 exemption from the scope is for certain ferry program is approved by TSA to provide initial %20%28Face%20Masks%29%20- systems that provide public transportation that are training to all of their security-sensitive employees. %202.24.2021.pdf. already subject to other regulatory requirements. See § 1570.111. Once the proposed program is

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TSA determine that an additional resulting from the pandemic.’’ 19 notice and comment or a delayed extension of time for submission of the Agencies are further directed to effective date.21 To delay taking this security training program is necessary ‘‘prioritize actions that provide the action while waiting for public based upon the impact of the COVID– greatest relief to individuals, families, comment would be impracticable and 19 public health crisis, TSA will and small businesses; and to State, contrary to the public interest. The publish a document in the Federal local, Tribal, and territorial owner/operators subject to the Register announcing an updated governments.’’ 20 requirements of the final rule need compliance date for this requirement. This action supports economic immediate certainty regarding the recovery by delaying the impact of deadlines of the final rule so that they D. Extending Initial Training Deadline TSA’s regulatory requirements as may focus on other urgent issues for Certain Owner/Operators applied to freight railroads responsible affecting their operations. for moving cargo across the country, Given that the rule does not impose Almost thirty percent of owner/ small businesses such as some OTRB new requirements, provides regulatory operators required to submit a training owner/operators, and the State and local relief consistent with E.O. 14002 of program have already submitted them to governments operating public , 2021, and otherwise only TSA. For those owner/operators that transportation systems. Delaying the involves technical corrections to an submitted a training program to TSA for compliance dates described above will existing regulation, TSA finds sufficient approval by the current deadline (March allow these regulated entities to focus good cause exists to dispense with an 22, 2021), TSA is revising 49 CFR on serving the needs of their customers opportunity for notice-and-comment 1570.111(a) to ensure we do not and the communities they serve, and the 30-day effective date disadvantage these owner/operators ensuring the safety of their employees, requirement. The rule will, therefore, be who were able to submit their programs, and implementing the federal effective immediately upon publication. but who may still be addressing the government’s requirements for masks to operational issues related to COVID–19 be worn within the nation’s commercial B. Paperwork Reduction Act that make compliance difficult— and public transportation systems. The Paperwork Reduction Act of 1995 particularly related to identifying and (PRA) 22 requires federal agencies to IV. Regulatory Analysis training security-sensitive employees consider the impact of paperwork and during a time when employment may be A. Administrative Procedure Act other information collection burdens more fluid based on demand and the imposed on the public and, under the impact of sick employees. TSA takes this action without prior notice and public comment. Sections provisions of PRA section 3507(d), TSA has determined that in light of 553(b) and (d) of the Administrative obtain approval from the Office of the unprecedented circumstances Procedure Act (5 U.S.C. 553) authorize Management and Budget (OMB) for each created by the COVID–19 pandemic, agencies to dispense with certain collection of information. OMB has past rule delays, and the additional rulemaking procedures when they find approved the collection of information compliance date delay described above, good cause to do so. Under section for the Security Training Final Rule it is in the public interest to grant 553(b), the requirements of notice and under OMB control number 1652–0066. owner/operators who submitted their opportunity to comment do not apply While this rule delays the timing of training programs to TSA by the March when the agency for good cause finds submission, it does not modify the 2021 deadline an additional 90 days (15 that these procedures are collection burdens that OMB has months instead of 12 months) from the ‘‘impracticable, unnecessary, or contrary already approved. date of TSA approval to complete the to the public interest.’’ Section 553(d) C. Executive Orders 12866 and 13563 initial training required by 49 CFR allows an agency, upon finding good 1570.111. This modification will ensure cause, to make a rule effective E.O. 12866 of , 1993 owner/operators who submitted their immediately, thereby avoiding the 30- (Regulatory Planning and Review) and training programs to TSA for approval day delayed effective date requirement E.O. 13563 , 2011 (Improving by the current deadline are treated in section 553. Regulation and Regulatory Review) equitably compared to those who wait This final rule recognizes the need to direct agencies to assess the costs and until the extended deadline to submit extend the compliance deadline for the benefits of available regulatory their programs. TSA is making certain requirement in the Security Training alternatives and, if regulation is non-substantive changes to Final Rule that would be most difficult necessary, to select regulatory § 1570.111(a) as necessary to clearly for owner/operators to implement approaches that maximize net benefits reflect this distinction and the during the current COVID–19 public (including potential economic, compliance deadlines for initial health crisis and the significant environmental, public health and safety training. disruption and uncertainty in both effects, distributive impacts, and private and local government operations equity). E.O. 13563 emphasizes the E. Economic Relief Related to the caused by this crisis. Specifically, TSA importance of quantifying costs and COVID–19 Pandemic is extending the period during which benefits, reducing costs, harmonizing rules, and promoting flexibility. Under E.O. 14002 of January 22, 2021 owner/operators must develop a E.O. 12866 defines ‘‘significant (Economic Relief Related to the COVID– security training program for their regulatory action’’ as one that is likely 19 Pandemic), federal agencies are employees and submit the program to to result in a rule that may (1) have an required to ‘‘identify actions they can TSA for approval. Delaying this annual effect on the economy of $100 take within existing authorities to requirement also effectively delays the million or more or adversely affect in a address the current economic crisis deadline for training employees. TSA has good cause to delay the material way the economy, a sector of compliance deadlines without advance the economy, productivity, competition, submitted to TSA, the agency has 60 days (2 jobs, the environment, public health or months) to review and approve a security program, with the ability to extend the review period and/ 19 See E.O. 14002 at Sec. 2(a), published at 86 FR or require the owner/operator to modify the 7229 (Jan. 27, 2021). 21 See 5 U.S.C. 553(b)(B), (d). program, which would stay the 60-day period. 20 Id. at Sec. 2b). 22 See 44 U.S.C. 3501 et seq.

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safety, or state, local, or Tribal G. Environment § 1570.109 Submission and approval. governments or communities; (2) create * * * * * a serious inconsistency or otherwise TSA has reviewed this rulemaking for (b) * * * interfere with an action taken or purposes of the National Environmental (1) Submit its program to TSA for planned by another agency; (3) Policy Act of 1969 (42 U.S.C. 4321– approval no later than June 21, 2021. materially alter the budgetary impact of 4347) and has determined that this (2) If commencing or modifying entitlements, grants, user fees, or loan action will not have a significant effect operations so as to be subject to the programs or the rights or obligations of on the human environment. This action requirements of subpart B to 49 CFR is covered by categorical exclusion recipients thereof; or (4) raise novel parts 1580, 1582, or 1584 after June 21, number A3(e) in DHS Management legal or policy issues arising out of legal 2021, submit a training program to TSA Directive 023–01 (formerly Management mandates, the President’s priorities, or no later than 90 calendar days before Directive 5100.1), Environmental the principles set forth in the E.O. OMB commencing new or modified Planning Program, which guides TSA has not designated this rule a operations. compliance with the National ‘‘significant regulatory action,’’ under * * * * * Environmental Policy Act of 1969. E.O. 12866. Accordingly, OMB has not ■ 3. Amend § 1570.111 by revising reviewed it. List of Subjects paragraph (a) to read as follows: D. Regulatory Flexibility Act Assessment 49 CFR Part 1570 § 1570.111 Implementation schedules. (a) Initial security training. Each Commuter bus systems, Crime, Fraud, The Regulatory Flexibility Act of owner/operator required under parts Hazardous materials transportation, 1980, 5 U.S.C. 601–612, as amended by 1580, 1582, or 1584 of this subchapter Motor carriers, Over-the-Road bus the Small Business Regulatory to adopt and carry out a security safety, Over-the-Road buses, Public Enforcement Fairness Act of 1996 (Pub. program must provide initial security transportation, Public transportation L. 104–121), requires federal agencies to training to security-sensitive employees, safety, Rail hazardous materials consider the potential impact of using the curriculum approved by TSA regulations on small businesses, small receivers, Rail hazardous materials and in compliance with the following government jurisdictions, and small shippers, Rail transit systems, Railroad schedule. organizations during the development of carriers, Railroad safety, Railroads, (1) For security training programs their rules. This final rule, however, Reporting and recordkeeping submitted to TSA for approval on or makes changes for which notice and requirements, Security measures, before March 22, 2021, if the employee comment are not necessary. Transportation facility, Transportation is employed to perform a security- Accordingly, DHS is not required to Security-Sensitive Materials. sensitive function on the date TSA prepare a regulatory flexibility 49 CFR Part 1582 approves the program, then initial analysis.23 training must be provided no later than Public transportation, Public fifteen months after the date that TSA E. Executive Order 13132 transportation safety, Railroad carriers, approves the owner/operator’s security Railroad safety, Railroads, Rail transit A rule has federalism implications training program. systems, Reporting and recordkeeping under E.O. 13132 of 4, 1999 (2) For security training programs requirements, Security measures. (Federalism), if it has a substantial submitted to TSA for approval after direct effect on State governments, on The Amendments and Corrections March 22, 2021, if the employee is the relationship between the national employed to perform a security- government and the States, or on the For the reasons stated in the sensitive function on the date TSA distribution of power and preamble, the Transportation Security approves the program, then initial responsibilities among the various Administration is amending and making training must be provided no later than levels of government. DHS has analyzed correcting amendments to 49 CFR parts twelve months after the date that TSA this rule under E.O. 13132 and 1570 and 1582 as follows: approves the owner/operator’s security determined that although this rule training program. PART 1570—GENERAL RULES (3) If performance of a security- affects the States, it does not impose sensitive job function is initiated after substantial direct compliance costs or ■ 1. The authority citation for part 1570 TSA approves the owner/operator’s preempt State law.24 The rule relieves continues to read as follows: security training program, then initial burdens on States. Authority: 18 U.S.C. 842, 845; 46 U.S.C. training must be provided no later than F. Unfunded Mandates Assessment 70105; 49 U.S.C. 114, 5103a, 40113, and 60 calendar days after the employee first 46105; Pub. L. 108–90 (117 Stat. 1156, Oct. performs the security-sensitive job The Unfunded Mandates Reform Act 1, 2003), sec. 520 (6 U.S.C. 469), as amended function. of 1995 requires federal agencies to by Pub. L. 110–329 (122 Stat. 3689, Sept. 30, (4) If the security-sensitive job assess the effects of their regulatory 2008) sec. 543 (6 U.S.C. 469); Pub. L. 110– function is performed intermittently, actions. In particular, the Unfunded 53 (121 Stat. 266, Aug. 3, 2007) secs. 1402 then no later than the 60th calendar day Mandates Reform Act of 1995 addresses (6 U.S.C. 1131), 1405 (6 U.S.C. 1134), 1408 of employment performing a security- actions that may result in the (6 U.S.C. 1137), 1413 (6 U.S.C. 1142), 1414 (6 U.S.C. 1143), 1501 (6 U.S.C. 1151), 1512 sensitive function, aggregated over a expenditure by a State, local, or Tribal (6 U.S.C. 1162), 1517 (6 U.S.C. 1167), 1522 consecutive 12- period. government, in the aggregate, or by the (6 U.S.C. 1170), 1531 (6 U.S.C. 1181), and * * * * * private sector of $100 million (adjusted 1534 (6 U.S.C. 1184). ■ 4. Amend § 1570.203 by revising for inflation) or more in any one year. paragraph (a) to read as follows: This final rule will not result in such an Subpart B—Security Programs expenditure. § 1570.203 Reporting significant security ■ 2. Amend § 1570.109 by revising concerns. 23 See 5 U.S.C. 603, 604. paragraphs (b)(1) and (2) to read as (a)(1) Except as provided in paragraph 24 See E.O. 13132, sec. 6. follows: (a)(2) of this section, each owner/

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operator identified in §§ 1580.1, 1582.1, DEPARTMENT OF COMMERCE Dogfish Fishery Management Plan and 1584.101 of this subchapter must (FMP), with the Mid-Atlantic Council report, within 24 hours of initial National Oceanic and Atmospheric acting as the administrative lead. discovery, any potential threats and Administration Additionally, the Atlantic States Marine significant security concerns involving Fisheries Commission manages the transportation-related operations in the 50 CFR Part 648 spiny dogfish fishery in state waters United States or transportation to, from, [Docket No. 210427–0092; RTID 0648– from Maine to through or within the United States as soon as XX069] an interstate fishery management plan. possible by the methods prescribed by The FMP requires the specification of an annual catch limit (ACL), annual catch TSA. Fisheries of the Northeastern United States; Atlantic Spiny Dogfish Fishery; target (ACT), and total allowable (2) An owner/operator identified in Revised 2021 and Projected 2022 landings (TAL). These limits and other § 1582.1(a)(2) of this subchapter (public Specifications management measures may be set for up transportation agency) that owns or to five fishing years at a time, with each operates a bus-only operation must only AGENCY: National Marine Fisheries fishing year running from May 1 comply with the requirements in this Service (NMFS), National Oceanic and through 30. This action section if the owner/operator is Atmospheric Administration (NOAA), implements revised specifications for identified in appendix A to part 1582 of Commerce. the 2021 spiny dogfish fishery, based on this subchapter or is notified by TSA in ACTION: Final rule. the Mid-Atlantic Council’s updated Risk writing that a threat exists concerning Policy, and projects maintaining these SUMMARY: NMFS issues final revised that operation. specifications for fishing year 2022. specifications for the 2021 Atlantic Specifications were already projected * * * * * spiny dogfish fishery, and projected for the 2021 spiny dogfish fishery as a specifications for fishing year 2022, part of a multi-year specifications action PART 1582—PUBLIC based on the Mid-Atlantic Fishery for 2019–2021, based on a 2018 TRANSPORTATION AND PASSENGER Management Council’s updated risk assessment update. Under those initial RAILROAD SECURITY policy, as recommended by the Mid- specifications, the commercial quota Atlantic and New Fishery would increase 18 percent from fishing ■ 5. The authority citation for part 1582 Management Councils. This action is year 2020. However, the Mid-Atlantic continues to read as follows: necessary to establish allowable harvest Council recently updated its risk policy Authority: 49 U.S.C. 114; Pub. L. 110–53 levels to prevent overfishing while to accept a higher level of risk for stocks (121 Stat. 266, Aug. 3, 2007) secs. 1402 (6 enabling optimum yield, using the best at or above biomass targets (85 FR U.S.C. 1131), 1405 (6 U.S.C. 1134), and 1408 scientific information available, 81152; , 2020), and the (6 U.S.C. 1137). consistent with the Magnuson-Stevens Councils recommended that the Fishery Conservation and Management projected acceptable biological catch Subpart B—Security Programs Act and the Spiny Dogfish Fishery (ABC) and resulting commercial quota Management Plan. This rule also for the 2021 spiny dogfish fishing year ■ 6. Amend § 1582.101 by revising informs the public of these revised be recalculated using this new paragraph (c) to read as follows: fishery specifications for the 2021 approach. Applying the new risk policy fishing year. increases the 2021 ABC 9 percent from § 1582.101 Applicability. DATES: Effective on May 1, 2021. what was initially projected (24 percent * * * * * ADDRESSES: The Mid-Atlantic Fishery above 2020), and raises the 2021 commercial quota 8 percent (27 percent (c) Each owner/operator described in Management Council prepared a Supplemental Information Report (SIR) above 2020). The Councils also § 1582.1(a)(1) through (3) that serves as recommended projecting unchanged a host railroad to a freight operation for these specifications that describes the action and any changes from the specifications for fishing year 2022, as described in § 1580.101 of this there is a research track stock subchapter or to a passenger train original environmental assessment (EA) and analyses for this revised 2021 and assessment scheduled for spiny dogfish operation described in paragraph (a) or in 2022, and there will be little (b) of this section. 2022 specifications action. Copies of the SIR, original EA, and other supporting additional or new data prior to the Dated , 2021. documents for this action, are available assessment to inform specifications prior to that fishing year. Darby LaJoye, upon request from Dr. Christopher M. The proposed rule for this action Moore, Executive Director, Mid-Atlantic Senior Official Performing the Duties of the published in the Federal Register on Fishery Management Council, Suite 201, Administrator. , 2021 (86 FR 12591), and 800 North State Street, Dover, DE 19901. [FR Doc. 2021–09394 Filed 4–30–21; 4:15 pm] comments were accepted through March These documents are also accessible via BILLING CODE 9110–05–P 19, 2021. NMFS received one comment the internet at https://www.mafmc.org/ from the public, and no changes were supporting-documents. made to the final rule as a result of the FOR FURTHER INFORMATION CONTACT: comment (see Comments and Responses Cynthia Ferrio, Fishery Policy Analyst, for additional detail). Additional (978) 281–9180. background information regarding the SUPPLEMENTARY INFORMATION: development of these specifications was Background provided in the proposed rule and is not repeated here. The Mid-Atlantic Fishery Management Council and the New Final Specifications England Fishery Management Council This action implements the Councils’ jointly manage the Atlantic Spiny recommendations for final 2021 and

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