64480 Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 

rulemakings from any requirement to 

prepare an environmental assessment or 

an environmental impact statement 

because they do not increase or decrease 

air, water or noise pollution or the use 

of fossil fuels, recyclables, or energy. 46 

CFR 504.4. This rule regards the 

Commission’s interpretation of the 

scope of 46 U.S.C. 41102(c) and the 

elements necessary for a successful 

claim for reparations under that section. 

This rulemaking thus falls within the 

categorical exclusion for matters related 

solely to the issue of Commission 

jurisdiction and the exclusion for 

investigatory and adjudicatory 

proceedings to ascertain past violations 

of the Shipping Act. See 46 CFR 

504.4(a)(20), (22). Therefore, no 

environmental assessment or 

environmental impact statement is 

required. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) (PRA) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in proposed 

rules to OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. This rule 

does not contain any collections of 

information as defined by 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c). 

Executive Order 12988 (Civil Justice 

Reform) 

This rule meets the applicable 

standards in E.O. 12988 titled, ‘‘Civil 

Justice Reform,’’ to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. You 

may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, available at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR part 545 

Antitrust, Exports, Freight forwarders, 

Maritime carriers, Non-vessel-operating 

common carriers, Ocean transportation 

intermediaries, Licensing requirements, 

Financial responsibility requirements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth above, the 

Federal Maritime Commission amends 

46 CFR part 545 as follows: 

PART 545—INTERPRETATIONS AND 

STATEMENTS OF POLICY 

■ 1. The authority citation for part 545 

continues to read as follows: 

Authority: 5 U.S.C. 553; 46 U.S.C. 305, 

40307, 40501–40503, 41101–41106, and 

40901–40904; 46 CFR 515.23. 

■ 2. Add § 545.4 to read as follows: 

§ 545.4 Interpretation of Shipping Act of 

1984—Unjust and unreasonable practices. 

46 U.S.C. 41102(c) is interpreted to 

require the following elements in order 

to establish a successful claim for 

reparations: 

(a) The respondent is an ocean 

common carrier, marine terminal 

operator, or ocean transportation 

intermediary; 

(b) The claimed acts or omissions of 

the regulated entity are occurring on a 

normal, customary, and continuous 

basis; 

(c) The practice or regulation relates 

to or is connected with receiving, 

handling, storing, or delivering 

property; 

(d) The practice or regulation is unjust 

or unreasonable; and 

(e) The practice or regulation is the 

proximate cause of the claimed loss. 

By the Commission. 

Rachel E. Dickon, 

Secretary. 

[FR Doc. 2018–27181 Filed 12–14–18; 8:45 am] 

BILLING CODE 6731–AA–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 141104927–4927–01] 

RIN 0648–XG564 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Resources of the Gulf of Mexico; 

Commercial Reef Fish Fishery of the 

Gulf of Mexico; 2019 Red Grouper 

Commercial Quota Retention 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; withholding of 

red grouper allocation. 

SUMMARY: NMFS intends to withhold a 

portion of the red grouper commercial 

quota from the Individual Fishing Quota 

Program for Grouper and Tilefishes 

(IFQ) for the 2019 fishing year as a 

result of a proposed commercial quota 

reduction. The Gulf of Mexico Fishery 

Management Council (Council) 

requested that NMFS reduce the Gulf of 

Mexico (Gulf) red grouper commercial 

and recreational annual catch limits 

(ACLs) and associated annual catch 

targets (ACTs) through a temporary rule 

to provide increased protections to the 

stock. The commercial red grouper 

quota is equivalent to the commercial 

ACT. NMFS is currently evaluating the 

Council’s request and may implement, 

in early 2019, a temporary rule to 

reduce the red grouper ACLs and ACTs. 

Because red grouper is managed under 

an IFQ program, NMFS distributes IFQ 

allocation to the program shareholders 

on January 1 of each year. After NMFS 

distributes the applicable commercial 

quota to shareholders, it cannot be 

recalled. Therefore, in anticipation of 

the possible commercial quota 

reduction, NMFS will withhold 

distribution of 59.4 percent, equivalent 

to 4.78 million lb (2.17 million kg), 

gutted weight, of red grouper IFQ 

allocation on January 1, 2019. If the 

quota reduction is not implemented by 

June 1, 2019, the withheld quota will be 

distributed to the shareholders. This 

action is necessary to protect the red 

grouper resource and to effectively 

manage the IFQ program in 2019. 

DATES: This rule effective 12:01 a.m., 

local time, January 1, 2019, until 12:01 

a.m., local time, June 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone: 727–824–5305, 

or email: Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf includes red 

grouper and is managed under the 

Fishery Management Plan for the Reef 

Fish Fishery of the Gulf of Mexico 

(FMP). The FMP was prepared by the 

Council and is implemented by NMFS 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

All weights in this temporary rule are 

in gutted weight. 

The current red grouper commercial 

ACT (commercial quota) is 7,780,000 lb 

(3,528,949 kg) and the commercial ACL 

is 8,190,000 lb (3,714,922 kg). Under the 

IFQ program for Gulf grouper and 

tilefish species, NMFS distributes 

allocation to shareholders on January 1 

each year. However, regulations at 50 

CFR 622.22(a)(4), authorize NMFS to 

withhold distribution of IFQ allocation 


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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations 64481 

on January 1 in the amount equal to an 

expected reduction in the commercial 

quota. 

The Council’s Scientific and 

Statistical Committee (SSC) recently 

reviewed the results of an interim 

analysis performed by the Southeast 

Fisheries Science Center and 

recommended that the Council reduce 

the red grouper commercial and 

recreational ACLs and ACTs, effective 

for the 2019 fishing year. In addition, 

there have been recent deceases in red 

grouper landings and public testimony 

at the October Council meeting 

expressed concern about the status of 

the red grouper stock. Therefore, at its 

October 2018 meeting, the Council 

began developing a framework action to 

reduce the ACLs and ACTs. In the 

meantime, the Council requested that 

NMFS publish an interim or emergency 

rule to temporarily reduce the red 

grouper commercial and recreational 

ACLs and associated ACTs consistent 

with a red grouper stock ACL of 4.60 

million lb (2.09 million kg), or the 2017 

total red grouper landings, whichever is 

less. The 2017 combined red grouper 

commercial and recreational landings 

were approximately 4.16 million lb 

(1.89 million kg). Therefore, NMFS, is 

considering whether to issue an interim 

or emergency rule to reduce the red 

grouper ACLs and ACTs consistent with 

a stock ACL of 4.16 million lb (1.89 

million kg). 

If NMFS issues the interim or 

emergency rule, the commercial ACL for 

2019 would be 3.16 million lb (1.43 

million kg). This is approximately a 59.4 

percent reduction from the current 

commercial ACL of 8.19 million lb (3.71 

million kg). The commercial ACT is 95 

percent of the ACL, and would be 3.00 

million lb (1.36 million kg). 

Based on the Council’s request, NMFS 

expects a reduction in the red grouper 

quota to occur after January 1, 2019. 

Therefore, consistent with 50 CFR 

622.22(a)(4) NMFS is withholding 4.78 

million lb (2.17 million kg) of the red 

grouper commercial quota when 

allocation is distributed to shareholders 

on January 1, 2019. If a final rule 

implementing the quota reduction is not 

effective by June 1, 2019, NMFS will 

distribute the withheld allocation to the 

shareholders. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of red grouper in the Gulf 

reef fish fishery and is consistent with 

the Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.22(a)(4) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

public comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement this action to 

withhold a portion of the red grouper 

commercial quota constitutes good 

cause to waive the requirements to 

provide prior notice and opportunity for 

public comment on this temporary rule 

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

such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

ability to withhold a percentage of the 

commercial quota as specified at 50 CFR 

622.22(a)(4) has already been subject to 

notice and public comment. All that 

remains is to notify the public of the 

amount of the applicable commercial 

quota to be withheld on January 1, 2019. 

Such procedures are contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the red grouper stock and 

effectively manage the Gulf IFQ 

program. 

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: December 11, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–27201 Filed 12–14–18; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170828822–70999–04] 

RIN 0648–XG669 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

Commonwealth of Virginia is 

transferring a portion of its 2018 

commercial summer flounder quota to 

the State of Connecticut. This quota 

adjustment is necessary to comply with 

the Summer Flounder, Scup, and Black 

Sea Bass Fishery Management Plan 

quota transfer provisions. This 

announcement informs the public of the 

revised commercial quotas for Virginia 

and Connecticut. 

DATES: Effective December 14, 2018, 

through December 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Ferrio, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.110. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102, and the 

initial 2018 allocations were published 

on December 22, 2017 (82 FR 60682), 

and corrected January 30, 2018 (83 FR 

4165). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan, as published 

in the Federal Register on December 17, 

1993 (58 FR 65936), provided a 

mechanism for transferring summer 

flounder commercial quota from one 

state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the NMFS Greater 

Atlantic Regional Administrator, can 

transfer or combine summer flounder 

commercial quota under § 648.102(c)(2). 

The Regional Administrator is required 

to consider the criteria in 

§ 648.102(c)(2)(i)(A) through (C) in the 

evaluation of requests for quota transfers 

or combinations. 

Virginia is transferring 20,000 lb 

(9,072 kg) of summer flounder 

commercial quota to Connecticut 

through mutual agreement of the states. 

Based on the initial quotas published in 

the 2018 Summer Flounder, Scup, and 

Black Sea Bass Specifications and 

subsequent adjustments, the revised 

summer flounder quotas for calendar 

year 2018 are now: Virginia, 1,351,972 

lb (613,244 kg); and Connecticut, 

167,768 lb (76,098 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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


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