8876 Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Rules and Regulations 

for customers of discontinued services.’’ 

There has never been a 180-day 

customer notice period for 

discontinuance applications. As Verizon 

notes, Petitioner’s arguments regarding 

customer notification seem to conflate 

copper retirement with service 

discontinuance. The Second Report and 

Order provided for a streamlined 10-day 

comment period for applications to 

grandfather legacy voice services, which 

had previously been subject to the 

default of 15 days for non-dominant 

providers and 30 days for dominant 

providers. The Commission had 

previously adopted streamlined 

comment and automatic grant periods 

for applications to grandfather or to 

discontinue previously grandfathered 

low-speed legacy voice and data 

services. In the Second Report and 

Order, the Commission extended this 

streamlined treatment to all legacy voice 

services. The Commission explained in 

the Second Report and Order, ‘‘as 

existing customers will be entitled to 

maintain their legacy voice services, 

they will not be harmed by 

grandfathering applications.’’ It did not, 

however, shorten the comment period 

applicable to non-grandfathering 

technology transition discontinuance 

applications. Such applications are still 

subject to the default comment period. 

And, while the First Report and Order 

revised the Commission’s copper 

retirement rules to ‘‘eliminate the 

requirement of direct notice to retail 

customers’’ and reduced the copper 

retirement waiting period from 180 to 

90 days, these changes did not affect the 

requirement or timing within which 

consumers receive notice of service 

discontinuance applications under 

section 214. 

17. Finally, the Wireline Competition 

Bureau dismisses the Petition’s 

argument that the Commission ‘‘must 

reconsider its belief that market-based 

incentives are sufficient to ensure that 

carriers provide adequate replacement 

services to consumers in the event of a 

service discontinuance.’’ The 

Commission has previously considered 

and rejected Petitioner’s claims in this 

regard. Nevertheless, judgments 

concerning the nature and impact of 

market incentives as they relate to 

public policy are well within the 

Commission’s discretion. The rules 

adopted in the Second Report and Order 

were based on an extensive record, and 

in the absence of any new data or facts, 

the Wireline Competition Bureau rejects 

Petitioner’s request to reconsider those 

rules based solely on the fact that it 

disagrees with the Commission’s 

assessment of competition in the market 

for telecommunications services. 

B. The Motion To Hold in Abeyance Is 

Moot 

18. The Wireline Competition Bureau 

dismisses as moot Public Knowledge’s 

accompanying Motion to hold the 

Second Report and Order ‘‘in abeyance 

until pending litigation is resolved.’’ 

The Motion refers to a challenge in the 

United States Court of Appeals for the 

Ninth Circuit of the Commission’s 2017 

Wireline Infrastructure First Report and 

Order, which was then pending but has 

since been dismissed for lack of 

standing. We note that some 

commenters argue that Public 

Knowledge’s Motion was an improper 

motion for a stay, or is procedurally 

defective in other ways. We need not 

reach determination of these issues, 

however, as we instead merely dismiss 

this accompaniment to the Public 

Knowledge Petition as moot. 

19. This action is taken pursuant to 

the authority delegated by §§ 0.91 and 

0.291 of the Commission’s rules, 47 CFR 

0.91 and 0.291. 

IV. Procedural Matters 

20. This document does not contain 

new or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

21. Contact Person. For further 

information about this proceeding, 

please contact Michele Levy Berlove, 

Competition Policy Division, Wireline 

Competition Bureau, at (202) 418–1477. 

V. Ordering Clauses 

22. Accordingly, it is ordered that, 

pursuant to sections 1–4 and 214 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151–154 and 214, 

this Order on Reconsideration is 

adopted. 

23. It is further ordered that the 

Petition for Reconsideration filed by 

Public Knowledge is denied. 

24. It is further ordered that this Order 

on Reconsideration shall be effective 30 

days after publication in the Federal 

Register. 

Federal Communications Commission 

Daniel Kahn, 

Associate Chief, Wireline Competition 

Bureau. 

Editorial note: This document was 

received for publication by the Office of the 

Federal Register on January 6, 2021. 

[FR Doc. 2021–00287 Filed 2–9–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02] 

RTID 0648–XA849 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Commercial Longline Closure for 

South Atlantic Golden Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial longline component for 

golden tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. Commercial longline landings 

for golden tilefish are projected to reach 

the longline component’s commercial 

quota by February 10, 2021. Therefore, 

NMFS closes the commercial longline 

component of golden tilefish in the 

South Atlantic EEZ on February 10, 

2021, at 12:01 a.m. local time. This 

closure is necessary to protect the 

golden tilefish resource. 

DATES: This temporary rule is effective 

from 12:01 a.m. local time on February 

10, 2021, until 12:01 a.m. local time on 

January 1, 2022. 

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 golden tilefish 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 (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. 

Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Rules and Regulations 8877 

The commercial golden tilefish sector 

has two components, each with its own 

quota: The longline and hook-and-line 

components (50 CFR 622.190(a)(2)). The 

commercial golden tilefish annual catch 

limit (ACL) is allocated 75 percent to 

the longline component and 25 percent 

to the hook-and-line component. The 

total commercial ACL (equivalent to the 

commercial quota) is 331,740 lb 

(150,475 kg) gutted weight, and the 

longline component quota is 248,805 lb 

(112,856 kg) gutted weight. 

Under 50 CFR 622.193(a)(1)(ii), NMFS 

is required to close the commercial 

longline component for golden tilefish 

when the longline component’s 

commercial quota has been reached or 

is projected to be reached by filing a 

notification to that effect with the Office 

of the Federal Register. After this 

closure, golden tilefish may not be 

commercially fished or possessed by a 

vessel with a golden tilefish longline 

endorsement. NMFS has determined 

that the commercial quota for the golden 

tilefish longline component in the South 

Atlantic will be reached by February 10, 

2021. Accordingly, the commercial 

longline component of South Atlantic 

golden tilefish is closed effective at 

12:01 a.m. local time on February 10, 

2021, and will remain closed until the 

start of the next fishing year on January 

1, 2022. 

During the commercial longline 

closure, golden tilefish may still be 

commercially harvested using hookand-line gear. However, a vessel with a 

golden tilefish longline endorsement is 

not eligible to fish for or possess golden 

tilefish using hook-and-line gear under 

the hook-and-line commercial trip limit, 

as specified in 50 CFR 622.191(a)(2)(ii). 

During the commercial longline closure, 

the recreational bag and possession 

limits specified in 50 CFR 

622.187(b)(2)(iii) and (c)(1), 

respectively, apply to all harvest or 

possession of golden tilefish in or from 

the South Atlantic EEZ by a vessel with 

a golden tilefish longline endorsement. 

The sale or purchase of longlinecaught golden tilefish taken from the 

South Atlantic EEZ is prohibited during 

the commercial longline closure. The 

operator of a vessel with a valid Federal 

commercial vessel permit for South 

Atlantic snapper-grouper and a valid 

commercial longline endorsement for 

golden tilefish with golden tilefish on 

board must have landed and bartered, 

traded, or sold such golden tilefish prior 

to 12:01 a.m. local time on February 10, 

2021. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of longline-caught golden 

tilefish that were harvested, landed 

ashore, and sold prior to 12:01 a.m. 

local time on February 10, 2021, and 

were held in cold storage by a dealer or 

processor. Additionally, the recreational 

bag and possession limits and the sale 

and purchase prohibitions under the 

commercial closure apply to a person on 

board a vessel with a golden tilefish 

longline endorsement, regardless of 

whether the golden tilefish are 

harvested in state or Federal waters, as 

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

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(a)(1)(ii), 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 is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

of the golden tilefish longline 

component have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

commercial component closure. 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 component closure to 

protect the South Atlantic golden 

tilefish resource. The capacity of the 

longline fishing fleet allows for rapid 

harvest of the commercial longline 

component quota, and any delay in the 

commercial closure could result in the 

commercial longline component quota 

being exceeded. 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, 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: February 5, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–02727 Filed 2–5–21; 4:15 pm] 

BILLING CODE 3510–22–P