Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 75917 

■ 5. Delayed until publication of a 

document announcing the effective 

date, amend § 51.909 by adding 

paragraphs (l) through (o) to read as 

follows: 

§ 51.909 Transition of rate-of-return carrier 

access charges. 

* * * * * 

(l) 8YY Transition—Step 1. As of 

December 28, 2020, each rate-of-return 

carrier shall cap the rate for all intrastate 

originating access charge rate elements 

for Toll Free Calls, including for Toll 

Free Database Query Charges. 

(m) 8YY Transition—Step 2. 

Beginning July 1, 2021, and 

notwithstanding any other provision of 

the Commission’s rules in this chapter, 

each Rate-of-Return Carrier shall: 

(1) Establish separate rate elements for 

interstate and intrastate toll free 

originating end office access service and 

non-toll free originating end office 

access service. Rate elements reflecting 

fixed charges associated with 

originating End Office Access Service 

shall be treated as non-toll free charges. 

(2) Reduce its intrastate toll free 

originating end office access service 

rates to its interstate toll free originating 

end office access service rates as 

follows: 

(i) Calculate total revenue from End 

Office Access Service, excluding nonusage-based rate elements, at the 

carrier’s interstate access rates in effect 

on June 30, 2020, using intrastate 

switched access demand for each rate 

element for the 12 months ending June 

30, 2020. 

(ii) Calculate total revenue from End 

Office Access Service, excluding nonusage based rate elements, at the 

carrier’s intrastate access rates in effect 

on June 30, 2020, using intrastate 

switched access demand for each rate 

element for the 12 months ending June 

30, 2020. 

(iii) If the value in paragraph (m)(2)(ii) 

of this section is less than or equal to 

the value in paragraph (m)(2)(i) of this 

section, the Rate-of-Return Carrier’s 

intrastate End Office Access Service 

rates shall remain unchanged. 

(iv) If the value in paragraph (m)(2)(ii) 

of this section is greater than the value 

in paragraph (m)(2)(i) of this section, the 

Rate-of-Return Carrier shall reduce 

intrastate rates for End Office Access 

Service so that they are equal to the 

Rate-of-Return Carrier’s functionally 

equivalent interstate rates for End Office 

Access Rates and shall be subject to the 

interstate rate structure and all 

subsequent rate and rate structure 

modifications. 

(v) Except as provided in paragraph 

(m)(2) of this section, nothing in this 

section allows a Rate-of-Return Carrier 

that has intrastate rates lower than its 

functionally equivalent interstate rates 

to make any intrastate tariff filing or 

intrastate tariff revisions to increase 

such rates. If a Rate-of-Return Carrier 

has an intrastate rate for an End Office 

Access Service rate element that less 

than the comparable interstate rate for 

that element, the Rate-of-Return Carrier 

may, if necessary as part of a 

restructuring to reduce its intrastate 

rates for End Office Access Service 

down to parity with functionally 

equivalent interstate rates, increase the 

rate for an intrastate rate element that is 

below the comparable interstate rate for 

that element to the interstate rate on 

July 1, 2021. 

(3) Establish separate rate elements for 

interstate and intrastate non-toll free 

originating transport services for service 

between an end office switch and the 

tandem switch and remove its rate for 

intrastate and interstate originating toll 

free transport services consistent with a 

bill-and-keep methodology (as defined 

in § 51.713). 

(4) Establish separate rate elements 

respectively for interstate and intrastate 

non-toll free originating tandem 

switching services. 

(5) Establish transitional interstate 

and intrastate Joint Tandem Switched 

Transport Access rate elements for Toll 

Free Calls that are respectively no more 

than $0.001 per minute. 

(6) Reduce its interstate and intrastate 

rates for Toll Free Database Query 

Charges to no more than $0.004248 per 

query. Nothing in this section obligates 

or allows a Rate-of-Return carrier that 

has Toll Free Database Query Charges 

lower than this rate to make any 

intrastate or interstate tariff filing 

revision to increase such rates. 

(n) 8YY Transition—Step 3. 

Beginning July 1, 2022, and 

notwithstanding any other provision of 

the Commission’s rules in this chapter, 

each Rate-of-Return Carrier shall: 

(1) Reduce its interstate and intrastate 

rates for all originating End Office 

Access Service rate elements for Toll 

Free Calls in each state in which it 

provides such service by one-half of the 

maximum rate allowed by paragraph (a) 

of this section; and 

(2) Reduce its rates for intrastate and 

interstate Toll Free Database Query 

Charges by one-half of the difference 

between the rate permitted by paragraph 

(m)(6) of this section and the 

transitional rate of $0.0002 per query set 

forth in paragraph (o)(2) of this section. 

(o) 8YY Transition—Step 4. Beginning 

on July 1, 2023, and notwithstanding 

any other provision of the Commission’s 

rules in this chapter, each Rate-ofReturn Carrier shall: 

(1) In accordance with a bill-and-keep 

methodology, refile its interstate 

switched access tariff and any state tariff 

to remove any intercarrier charges for all 

intrastate and interstate originating End 

Office Access Service for Toll Free 

Calls; and 

(2) Reduce its rates for all intrastate 

and interstate Toll Free Database Query 

Charges to a transitional rate of no more 

than $0.0002 per query. 

■ 6. Amend § 51.911 by: 

■ a. Effective December 28, 2020, 

adding paragraphs (d); and 

■ b. Delayed until publication of a 

document announcing the effective 

date, adding paragraph (e). 

The additions read as follows: 

§ 51.911 Access reciprocal compensation 

rates for competitive LECs. 

* * * * * 

(d) Cap on Database Query Charge. A 

Competitive Local Exchange Carrier 

assessing a tariffed intrastate or 

interstate Toll Free Database Query 

Charge shall cap such charge at the rate 

in effect on December 28, 2020. 

(e) Transition of cap on Database 

Query Charge. Beginning July 1, 2021, 

notwithstanding any other provision of 

the Commission’s rules in this chapter, 

a Competitive Local Exchange Carrier 

assessing a tariffed intrastate or 

interstate Toll Free Database Query 

Charge shall revise its tariffs as 

necessary to ensure that its intrastate 

and interstate Toll Free Database Query 

Charges do not exceed the rates charged 

by the competing incumbent local 

exchange carrier, as defined in 

§ 61.26(a)(2) of this chapter. 

[FR Doc. 2020–24624 Filed 11–25–20; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 141107936–5399–02; RTID 

0648–XA653] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2020 

Commercial Closure for South Atlantic 

Gray Triggerfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 


jbell on DSKJLSW7X2PROD with RULES
75918 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial sector of gray triggerfish in 

the South Atlantic exclusive economic 

zone (EEZ). NMFS projects commercial 

landings of gray triggerfish will reach 

the commercial annual catch limit 

(ACL) for the July through December 

season by November 29, 2020. 

Therefore, NMFS is closing the 

commercial sector for gray triggerfish in 

the South Atlantic EEZ on November 

29, 2020. This closure is necessary to 

protect the gray triggerfish resource. 

DATES: This temporary rule is effective 

at 12:01 a.m., local time, on November 

29, 2020, through December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes gray triggerfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in round weight. 

The commercial ACL (equivalent to 

the commercial quota) for gray 

triggerfish in the South Atlantic is 

divided into two 6-month fishing 

seasons. The total commercial ACL of 

312,324 lb (141,668 kg) is allocated 50 

percent to each commercial fishing 

season, or 156,162 lb (70,834 kg) for 

January through June, and the same 

amount for July through December, as 

specified in 50 CFR 622.190(a)(8)(i) and 

(ii). 

After the January through June 2020 

fishing season, 25,468 lb (11,552 kg) of 

the gray triggerfish commercial quota 

remained unharvested. As specified in 

50 CFR 622.190(a)(8)(iii), NMFS added 

this unused portion of the gray 

triggerfish commercial quota to the 

commercial quota for the July through 

December 2020 fishing season. 

Therefore, the gray triggerfish 

commercial quota for the July through 

December 2020 fishing season is 

181,630 lb (82,385 kg). Any unused 

commercial quota for the July through 

December fishing season becomes void 

and will not be added to any subsequent 

quota (622.190(a)(8)(iii)). 

Under 50 CFR 622.193(q)(1)(i), NMFS 

is required to close the commercial 

sector for gray triggerfish when the 

commercial quota specified in 50 CFR 

622.190(a)(8)(ii) is reached or is 

projected to be reached by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial quota 

for South Atlantic gray triggerfish for 

the July through December 2020 fishing 

season will be reached by November 29, 

2020. Accordingly, the commercial 

sector for South Atlantic gray triggerfish 

is closed effective at 12:01 a.m., local 

time, on November 29, 2020, and 

remains closed until the start of the next 

January through June fishing season on 

January 1, 2021. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper with 

gray triggerfish on board must have 

landed and bartered, traded, or sold 

such gray triggerfish prior to 12:01 a.m., 

local time, on November 29, 2020. 

During the commercial closure, the 

recreational bag limit specified in 50 

CFR 622.187(b)(8), and the recreational 

possession limits specified in 50 CFR 

622.187(c), apply to all harvest or 

possession of gray triggerfish in or from 

the South Atlantic EEZ. Also during the 

commercial closure, the sale or 

purchase of gray triggerfish taken from 

the South Atlantic EEZ is prohibited. 

The prohibition on the sale or purchase 

does not apply to gray triggerfish that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, on 

November 29, 2020, and were held in 

cold storage by a dealer or processor. 

For a person on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, the bag and possession 

limits and sale and purchase 

prohibitions for gray triggerfish apply 

regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1)(ii). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(q)(1)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is excempt 

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 

comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment as 

such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

regulations associated with the 

commercial quota for South Atlantic 

gray triggerfish have already been 

subject to notice and comment, and all 

that remains is to notify the public of 

the commercial closure for the 

remainder of the July through December 

2020 fishing season. Prior notice and 

opportunity for public comment on this 

action is contrary to the public interest 

because of the need to immediately 

implement the commercial closure to 

protect South Atlantic gray triggerfish, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest that exceeds the 

commercial quota. 

For the aforementioned reasons, there 

is good cause under 5 U.S.C. 553(d)(3) 

to waive the 30-day delay in the 

effective date of this action. 

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

Dated: November 23, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–26233 Filed 11–24–20; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RTID 0648–XA652 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 19.5 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the General category. This action is 

intended to provide additional 

opportunities for General category 

fishermen to participate in the 

December General category fishery, 

which is scheduled to reopen on 

December 1, 2020, and is based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

would affect Atlantic tunas General 

category (commercial) permitted vessels 


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