17788 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules and Regulations 

adjusted from the baseline to qualify for 

a rebate. If the adjusted revenue 

threshold is met, a rebate is generated 

on a percentage of the difference of an 

increase in postage as a result of a 

subsequent cumulative First-Class Mail 

and Standard Mail price increase related 

to the prices in existence at the time of 

the agreement. If the adjusted revenue 

threshold is not met, the NSA holder 

will pay a penalty. 

1.4.2 Candidate Factors and 

Requirements 

Potential participants must be IMb 

full-service customers with substantial, 

but declining First-Class Mail volumes 

and significant volumes of Standard 

Mail. Candidates must also meet the 

standards in 1.1 through 1.3 to qualify. 

The basic agreement comprises five 

components: 

a. Revenue threshold: Is based on the 

amount of total combined postage paid 

for First-Class Mail automation letters, 

Standard Mail automation letters, and 

Standard Mail carrier route barcoded 

automation-compatible letters. The 

baseline for the revenue threshold is the 

total postage for these categories over 

the previous one-year period. The 

threshold is calculated at a negotiated 

percentage above the baseline for each 

year during the duration of the 

agreement. 

b. Revenue threshold adjustment: Will 

be adjusted upward by a negotiated 

amount for every dollar decline in FirstClass Mail postage. To qualify for 

rebates under this adjustment, a predetermined revenue amount of Standard 

Mail must be mailed to offset each 

dollar decline in postage from FirstClass Mail. 

c. Postage commitment with penalty: 

The postage commitment is an amount 

equal to the adjusted revenue threshold. 

If the amount of total postage from 

eligible mail in the first year of the 

contract is less than the adjusted 

revenue threshold, a negotiated 

percentage penalty in the amount of the 

difference between the adjusted revenue 

threshold and the actual total postage 

paid for contract year one must be paid. 

Subsequent year penalties for failing to 

meet the adjusted revenue threshold are 

negotiated by the parties prior to the 

end of the current contract year. 

d. Rebate on First-Class Mail: If the 

mailer holding the agreement exceeds 

the adjusted revenue thresholds in any 

given year of the contract, it will earn 

rebates on its qualifying First-Class Mail 

postage. The rebate will be equal to a 

negotiated percent of the increase in 

postage as a result of a subsequent 

cumulative price increase (relative to 

First-Class Mail prices in existence at 

the initiation of the agreement) for all 

qualifying pieces. 

e. Rebate on Standard Mail: If the 

mailer holding the agreement exceeds 

the adjusted revenue thresholds in any 

given year of the contract, it will earn 

rebates on its qualifying Standard Mail 

postage. The rebate will be equal to a 

negotiated percent of the increase in 

postage as a result of a subsequent 

cumulative price increase (relative to 

Standard Mail prices in existence at the 

initiation of the agreement) for all 

qualifying pieces. 

1.4.3 General Requirements 

Any proposed First-Class Mail and 

Standard Mail NSA under this 

classification must also contain, at a 

minimum, the following general 

candidate requirements and conditions: 

a. The NSA expires three years from 

the effective date. Either party can 

terminate the agreement, without 

penalty, for convenience, in the first 

nine months of any contract year 

provided the terminating party gives 90 

days written notice prior to the planned 

termination date to the other party. 

b. The NSA will contain a merger and 

acquisition clause, which adjusts the 

threshold to account for increased 

mailing activity (or decreased, in the 

case of a sale or closure). 

1.4.4 Initial Proposal 

The proposal must explain how the 

candidate meets the requirements in 

1.4.2 and also must meet the following 

conditions: 

a. The candidate must submit a 

written proposal that includes 

appropriate supporting documentation 

to the USPS Manager of Correspondence 

& Transactions (see 608.8.0 for address). 

b. The proposal must be initiated by 

the mailer and include a summary of the 

information responding to the 

applicable candidate features and 

general requirements described in 1.4.3. 

c. A nondisclosure agreement must be 

signed before any substantive 

discussion of the proposal begins. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2011–7403 Filed 3–30–11; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100201058–0260–02] 

RIN 0648–XA333 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; Annual 

Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the 2010 

fishing year (FY), May 1, 2010–April 30, 

2011, has been harvested. Therefore, 

effective 0001 hours, April 1, 2011, 

federally permitted spiny dogfish 

vessels may not fish for, possess, 

transfer, or land spiny dogfish until May 

1, 2011, when the quota for FY 2011 

becomes available. Regulations 

governing the spiny dogfish fishery 

require publication of this notification 

to advise the coastal states from Maine 

through Florida that the quota has been 

harvested and to advise vessel permit 

holders and dealer permit holders that 

no Federal commercial quota is 

available for landing spiny dogfish in 

these states. This action is necessary to 

prevent the fishery from exceeding its 

annual quota and to allow for effective 

management of this stock. 

DATES: The spiny dogfish fishery is 

closed effective 0001 hr local time, 

April 1, 2011, through 2400 hr local 

time April 30, 2011. Effective April 1, 

2011, federally permitted dealers are 

also advised that they may not purchase 

spiny dogfish from federally permitted 

spiny dogfish vessels. 

FOR FURTHER INFORMATION CONTACT: 

Lindsey Feldman at (978) 675–2179, or 

Lindsey.Feldman@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a commercial quota, 

which is allocated into two quota 

periods based upon percentages 

specified in the fishery management 

plan. The fishery is managed from 

Maine through Florida, as described in 

§ 648.230. 

The total commercial quota for spiny 

dogfish for FY 2010 is 15 million lb 


jdjones on DSK8KYBLC1PROD with RULES_2
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules and Regulations 17789 

(6,803.89 mt) (75 FR 36012, June 24, 

2010). The commercial quota is 

allocated into two periods (May 1 

through October 31, and November 1 

through April 30). Vessel possession 

limits were set at 3,000 lb (1.36 mt) for 

both Quota Periods 1 and 2. Quota 

Period 1 was allocated 8,685,000 lb 

(3,943.45 mt), and Quota Period 2 was 

allocated 6,315,000 lb (2,864.44 mt) of 

the commercial quota. The total quota 

cannot be exceeded, so landings in 

excess of the amount allocated to Period 

1 have the effect of reducing the quota 

available to the fishery during Period 2. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator) 

monitors the commercial spiny dogfish 

quota for each quota period and, based 

upon dealer reports, state data, and 

other available information, determines 

when the total commercial quota will be 

harvested. NMFS is required to publish 

a notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the 

Federal spiny dogfish commercial quota 

has been harvested and no Federal 

commercial quota is available for 

landing spiny dogfish for the remainder 

of that quota period. 

Section 648.4(b) provides that Federal 

spiny dogfish permit holders agree, as a 

condition of their permit, not to land 

spiny dogfish in any state after NMFS 

has published notification in the 

Federal Register that the commercial 

quota has been harvested and that no 

commercial quota for the spiny dogfish 

fishery is available. Therefore, effective 

0001 hr local time, April 1, 2011, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits will be prohibited 

through April 30, 2011, 2400 hr local 

time. The FY 2011 quota will be 

available for commercial spiny dogfish 

harvest on May 1, 2011. Effective April 

1, 2011, federally permitted dealers are 

also advised that they may not purchase 

spiny dogfish from vessels issued 

Federal spiny dogfish permits that land 

in coastal states from Maine through 

Florida. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. The 

regulations at § 648.231 require such 

action to ensure that spiny dogfish 

vessels do not exceed the FY 2010 

quota. Data indicating the spiny dogfish 

fleet will have landed the FY 2010 quota 

have only recently become available. If 

implementation of this closure was 

delayed to solicit prior public comment, 

the FY 2010 quota would be exceeded, 

thereby undermining the conservation 

objectives of the FMP. The AA further 

finds, pursuant to 5 U.S.C. 553(d)(3), 

good cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 28, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7616 Filed 3–28–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 101228634–1149–02] 

RIN 0648–BA26 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 2011 

Atlantic Bluefish Specifications; 

Regulatory Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; final specifications 

for the 2011 Atlantic bluefish fishery. 

SUMMARY: NMFS issues final 

specifications for the 2011 Atlantic 

bluefish fishery, including total 

allowable landings (TAL), a commercial 

quota and recreational harvest limit 

(RHL), and a recreational possession 

limit. The intent of this action is to 

establish the allowable 2011 harvest 

levels and other management measures 

to achieve the target fishing mortality 

rate (F), consistent with the Atlantic 

Bluefish Fishery Management Plan 

(FMP). The final rule also amends the 

bluefish regulations that specify the 

process for setting the annual TAL and 

target F to more clearly reflect the intent 

of the FMP. 

DATES: This rule is effective May 2, 

2011. The final specifications for the 

2011 Atlantic bluefish fishery are 

effective May 2, 2011, through 

December 31, 2011. 

ADDRESSES: Copies of the specifications 

document, including the Environmental 

Assessment and Initial Regulatory 

Flexibility Analysis (EA/IRFA) and 

other supporting documents for the 

specifications, are available from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 N. 

State Street, Dover, DE 19901. The 

specifications document is also 

accessible via the Internet at: http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jason Berthiaume, Fishery Management 

Specialist, (978) 281–9177. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic bluefish fishery is 

managed cooperatively by the MidAtlantic Fishery Management Council 

(Council) and the Atlantic States Marine 

Fisheries Commission (Commission). 

The management unit for bluefish 

specified in the FMP is U.S. waters of 

the western Atlantic Ocean. Regulations 

implementing the FMP appear at 50 

CFR part 648, subparts A and J. The 

regulations requiring annual 

specifications are found at § 648.16. 

The FMP requires the Council to 

recommend, on an annual basis, a total 

allowable catch (TAC) and a TAL that 

will control fishing mortality. An 

estimate of annual discards is deducted 

from the TAC to calculate the TAL that 

can be made during the year by the 

commercial and recreational fishing 

sectors combined. The FMP requires 

that 17 percent of the TAL be allocated 

to the commercial fishery, as a quota 

(further allocated to the States from 

Maine to Florida in specified shares), 

with the remaining 83 percent of the 

TAL allocated as an RHL. The Council 

may also recommend a research setaside (RSA) quota, which is deducted 

from the bluefish TAL (after any 

applicable transfer) in an amount 

proportional to the percentage of the 

overall TAL as allocated to the 

commercial and recreational sectors. 

Pursuant to § 648.162, the annual 

review process for bluefish requires that 

the Council’s Bluefish Monitoring 

Committee (Monitoring Committee) and 

Scientific and Statistical Committee 

(SSC) review and make 

recommendations based on the best 

available data, including, but not 

limited to, commercial and recreational 

catch/landing statistics, current 

estimates of fishing mortality, stock 

abundance, discards for the recreational 

fishery, and juvenile recruitment. Based 

on the recommendations of the 

Monitoring Committee and SSC, the 

Council makes a recommendation to the 

NMFS Northeast Regional 


jdjones on DSK8KYBLC1PROD with RULES_2