Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations 8305 

fax 206–231–3226; email tom.rodriguez@

faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) Emergency AD 2021–0036–E, dated 

January 25, 2021. 

(ii) [Reserved] 

(3) For EASA Emergency AD 2021–0036– 

E, contact the EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

Internet www.easa.europa.eu. You may find 

this EASA AD on the EASA website at 

https://ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0024. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email fedreg.legal@

nara.gov, or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on February 1, 2021. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–02478 Filed 2–3–21; 2:00 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0015; Project 

Identifier MCAI–2021–00014–T; Amendment 

39–21408; AD 2021–03–05] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus SAS Model A318, A319, A320, 

and A321 series airplanes. This AD was 

prompted by a report that following 

accomplishment of tap tests on certain 

modified rudders, disbonding of the 

rudder was found close to the lightning 

protection plate. This AD requires 

inspections of the left- and right-hand 

rudder side shells for defects, and 

applicable corrective actions, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD becomes effective 

February 22, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 22, 2021. 

The FAA must receive comments on 

this AD by March 22, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For material incorporated by reference 

(IBR) in this AD, contact the EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may 

find this IBR material on the EASA 

website at https://ad.easa.europa.eu. 

You may view this IBR material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available in the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0015. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0015; or in person at Docket Operations 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, any 

comments received, and other 

information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 

216th St., Des Moines, WA 98198; 

telephone and fax 206–231–3223; email 

Sanjay.Ralhan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2021–0002, dated January 6, 2021 

(EASA AD 2021–0002) (also referred to 

as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for all Airbus SAS Model A318 series 

airplanes; Model A319 series airplanes; 

Model A320–211, –212, –214, –215, 

–216, –231, –232, –233, –251N, –252N, 

–253N, –271N, –272N and –273N 

airplanes; and Model A321 series 

airplanes. Model A320–215 airplanes 

are not certified by the FAA and are not 

included on the U.S. type certificate 

data sheet; this AD therefore does not 

include those airplanes in the 

applicability. 

This AD was prompted by a report 

that following accomplishment of tap 

tests on rudders that were modified 

using the procedures in previously 

issued service information (Airbus 

Service Bulletin A320–55–1052 dated 

July 28, 2017, Revision 01, dated 

January 28, 2015, and Revision 02, 

dated July 11, 2019, or Airbus Service 

Bulletin A320–55–1059, dated March 8, 

2018), disbonding of the rudder was 

found close to the lightning protection 

plate. Investigation results determined 

that those procedures may lead to 

inadequate curing of the affected part 

after modification. The FAA is issuing 

this AD to address disbonding of the 

rudder, which could result in reduced 

structural integrity of the rudder, and 

consequent reduced controllability of 

the airplane. 

Related Service Information Under 1 

CFR Part 51 

EASA AD 2021–0002 describes 

procedures for a one-time general visual 

inspection and a special detailed 

inspection (woodpecker or tap test) of 

the left- and right-hand rudder side 

shells for defects (including bulging, 

waviness, and disbonding) and 

applicable corrective actions. The 

corrective actions include 

accomplishing a special detailed 

inspection of any affected part with 

defects and a temporary and eventual 

permanent repair of the defects. EASA 

AD 2021–0002 also prohibits 

modification of a rudder using the 

procedures in previously issued service 

information. This material is reasonably 


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8306 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations 

available because the interested parties 

have access to it through their normal 

course of business or by the means 

identified in the ADDRESSES section. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to the 

FAA’s bilateral agreement with the State 

of Design Authority, the FAA has been 

notified of the unsafe condition 

described in the MCAI referenced 

above. The FAA is issuing this AD 

because the FAA evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in EASA AD 2021– 

0002 described previously, as 

incorporated by reference, except for 

any differences identified as exceptions 

in the regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA initially worked with 

Airbus and EASA to develop a process 

to use certain EASA ADs as the primary 

source of information for compliance 

with requirements for corresponding 

FAA ADs. The FAA has since 

coordinated with other manufacturers 

and civil aviation authorities (CAAs) to 

use this process. As a result, EASA AD 

2021–0002 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with EASA AD 

2021–0002 in its entirety, through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this AD. Using 

common terms that are the same as the 

heading of a particular section in the 

EASA AD does not mean that operators 

need comply only with that section. For 

example, where the AD requirement 

refers to ‘‘all required actions and 

compliance times,’’ compliance with 

this AD requirement is not limited to 

the section titled ‘‘Required Action(s) 

and Compliance Time(s)’’ in the EASA 

AD. Service information specified in 

EASA AD 2021–0002 that is required for 

compliance with EASA AD 2021–0002 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2021– 

0015. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies waiving notice 

and comment prior to adoption of this 

rule because disbonding of the left- and 

right-hand rudder side shells could 

result in reduced structural integrity of 

the rudder, and consequent reduced 

controllability of the airplane. In 

addition, the compliance time for the 

required action is shorter than the time 

necessary for the public to comment and 

for publication of the final rule. 

Therefore, the FAA finds good cause 

that notice and opportunity for prior 

public comment are impracticable. In 

addition, for the reasons stated above, 

the FAA finds that good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2021–0015; Project Identifier MCAI– 

2021–00014–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Sanjay Ralhan, 

Aerospace Engineer, Large Aircraft 

Section, International Validation 

Branch, FAA, 2200 South 216th St., Des 

Moines, WA 98198; telephone and fax 

206–231–3223; email Sanjay.Ralhan@

faa.gov. Any commentary that the FAA 

receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

The FAA estimates that this AD 

affects 1,630 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Up to 16 work-hours × $85 per hour = Up to $1,360 ............................ $0 Up to $1,360 ...... Up to $2,216,800. 

The FAA has received no definitive 

data that would enable the agency to 

provide cost estimates for the oncondition actions specified in this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 


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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations 8307 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

The FAA determined that this AD 

will not have federalism implications 

under Executive Order 13132. This AD 

will not have a substantial direct effect 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–03–05 Airbus SAS: Amendment 39– 

21408; Docket No. FAA–2021–0015; 

Project Identifier MCAI–2021–00014–T. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective February 22, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Airbus SAS 

airplanes, certificated in any category, as 

identified in paragraphs (c)(1) through (4) of 

this AD. 

(1) Model A318–111, –112, –121, and –122 

airplanes. 

(2) Model A319–111, –112, –113, –114, 

–115, –131, –132, –133, –151N, –153N, and 

–171N airplanes. 

(3) Model A320–211, –212, –214, –216, 

–231, –232, –233, –251N, –252N, –253N, 

–271N, –272N and –273N airplanes. 

(4) Model A321–111, –112, –131, –211, 

–212, –213, –231, –232, –251N, –252N, 

–253N, –271N, –272N, –251NX, –252NX, 

–253NX, –271NX, and –272NX airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 55, Stabilizers. 

(e) Reason 

This AD was prompted by a report that 

following accomplishment of tap tests on 

rudders that were modified using the 

procedures in certain previously issued 

service information, disbonding of the rudder 

was found close to the lightning protection 

plate. Investigation results determined that 

those procedures may lead to inadequate 

curing of the affected part after modification. 

The FAA is issuing this AD to address 

disbonding of the rudder, which could result 

in reduced structural integrity of the rudder, 

and consequent reduced controllability of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2021–0002, dated 

January 6, 2021 (EASA AD 2021–0002). 

(h) Exceptions to EASA AD 2021–0002 

(1) Where EASA AD 2021–0002 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) Where EASA AD 2021–0002 specifies 

to comply with ‘‘the instructions of the 

AOT,’’ this AD requires using the words ‘‘the 

procedures marked as required for 

compliance (RC) in the AOT.’’ 

(3) The ‘‘Remarks’’ section of EASA AD 

2021–0002 does not apply to this AD. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2021–0002 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (k) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the responsible 

Flight Standards Office. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): For any 

service information referenced in EASA AD 

2019–0316 that contains RC procedures and 

tests: Except as required by paragraph (j)(2) 

of this AD, RC procedures and tests must be 

done to comply with this AD; any procedures 

or tests that are not identified as RC are 

recommended. Those procedures and tests 

that are not identified as RC may be deviated 

from using accepted methods in accordance 

with the operator’s maintenance or 

inspection program without obtaining 

approval of an AMOC, provided the 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Related Information 

For more information about this AD, 

contact Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3223; email Sanjay.Ralhan@

faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2021–0002, dated January 6, 

2021. 

(ii) [Reserved] 

(3) For EASA AD 2021–0002, contact the 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 


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8308 Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Rules and Regulations 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. This material may be found 

in the AD docket on the internet at https:// 

www.regulations.gov by searching for and 

locating Docket No. FAA–2021–0015. 

(5) You may view this material that is 

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email fedreg.legal@

nara.gov, or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

Issued on January 23, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–02477 Filed 2–3–21; 2:00 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 12, 25, and 52 

[FAC 2021–04; FAR Case 2019–016; Docket 

No. FAR–2019–0016, Sequence No. 1] 

RIN 9000–AN99 

Federal Acquisition Regulation: 

Maximizing Use of American-Made 

Goods, Products, and Materials 

Correction 

In rule document 2021–00710 

beginning on page 6180 in the issue of 

Tuesday, January 19, 2021, make the 

following correction: 

On page 6180, in the third column, in 

the first line of the DATES section, 

‘‘January 21, 2021’’ should read 

‘‘January 19, 2021’’. 

[FR Doc. C1–2021–00710 Filed 2–4–21; 8:45 am] 

BILLING CODE 1301–00–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 200221–0062] 

RTID 0648–XA779 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Western 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2021 total 

allowable catch (TAC) of Pacific cod by 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 3, 2021, through 

1200 hrs, A.l.t., June 10, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The A season allowance of the 2021 

Pacific cod TAC apportioned to vessels 

using pot gear in the Western Regulatory 

Area of the GOA is 1,068 metric tons 

(mt) as established by the final 2020 and 

2021 harvest specifications for 

groundfish in the GOA (85 FR 13802, 

March 10, 2020) and inseason 

adjustment (85 FR 83834, December 23, 

2020). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the A season allowance 

of the 2021 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Western Regulatory Area of the GOA 

will soon be reached. Therefore, the 

Regional Administrator is establishing a 

directed fishing allowance of 1,060 mt 

and is setting aside the remaining 8 mt 

as bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Western 

Regulatory Area of the GOA. 

While this closure is effective the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

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

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the closure of Pacific 

cod by vessels using pot gear in the 

Western Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of February 1, 

2021. 

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

Dated: February 2, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02451 Filed 2–2–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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