Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79309 

that it will set future minimum random 

drug and alcohol testing rates according 

to the rail industry’s overall positive 

rate, which is determined using annual 

railroad drug and alcohol program data 

taken from FRA’s Management 

Information System. Based on this data, 

the Administrator publishes a Federal 

Register notice of determination each 

year, announcing the minimum random 

drug and alcohol testing rates for the 

following year. See 49 CFR 219.602, 

608. 

Under this performance-based system, 

FRA may lower the minimum random 

drug testing rate to 25 percent of 

covered railroad employees whenever 

the industry-wide random drug positive 

rate is less than 1.0 percent for two 

calendar years while testing at a 50 

percent minimum rate. For both drugs 

and alcohol, FRA reserves the right to 

consider other factors, such as the 

number of positives in its post-accident 

testing program, before deciding 

whether to lower annual minimum 

random testing rates. If the industrywide random drug positive rate is 1.0 

percent or higher in any subsequent 

calendar year, FRA will return the 

minimum random drug testing rate to 50 

percent of covered railroad employees. 

If the industry-wide random alcohol 

violation rate is less than 1.0 percent but 

greater than 0.5 percent, the minimum 

random alcohol testing rate will be 25 

percent of covered railroad employees. 

FRA will raise the minimum random 

rate to 50 percent of covered railroad 

employees if the industry-wide random 

alcohol violation rate is 1.0 percent or 

higher in any subsequent calendar year. 

FRA may lower the minimum random 

alcohol testing rate to 10 percent of 

covered railroad employees whenever 

the industry-wide violation rate is less 

than 0.5 percent for two calendar years 

while testing at a higher rate. 

In this notice of determination, FRA 

announces that the minimum random 

drug testing rate will remain at 25 

percent of covered railroad employees 

for the period January 1, 2011, through 

December 31, 2011, because the 

industry random drug testing positive 

rate was below 1.0 percent for the last 

two years (.046 in 2008 and .037 in 

2009). The minimum random alcohol 

testing rate will remain at 10 percent of 

covered railroad employees for the 

period January 1, 2011, through 

December 31, 2011, because the 

industry-wide violation rate for alcohol 

has remained below 0.5 percent for the 

last two years (.015 in 2008 and .014 in 

2009). Railroads remain free, as always, 

to conduct random testing at higher 

rates. 

Issued in Washington, DC, on December 

13, 2010. 

Joseph C. Szabo, 

Administrator. 

[FR Doc. 2010–31805 Filed 12–17–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101124587–0586–01] 

RIN 0648–BA47 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the South Atlantic 

States; Emergency Rule To Delay 

Effectiveness of the Snapper-Grouper 

Area Closure; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; correction. 

SUMMARY: This document contains a 

correction to the temporary rule that 

delays the effective date of the area 

closure for snapper-grouper specified in 

Amendment 17A to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP) that was published in the 

Federal Register December 9, 2010. 

DATES: Effective December 20, 2010, the 

effective date of the rule published in 

the Federal Register December 9, 2010 

(75 FR 76890), is corrected to January 3, 

2011, through June 1, 2011, unless 

NMFS publishes a superseding 

document in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, 727–824–5305; fax: 727– 

824–5308; e-mail: 

Anik.Clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On December 9, 2010 (75 FR 76890), 

NMFS published an incorrect effective 

date in the DATES section of the 

temporary rule. The DATES section 

contained an incorrect effective date of 

January 3, 2010. The correct effective 

date for the temporary rule is January 3, 

2011, through June 1, 2011, unless 

NMFS publishes a superseding 

document in the Federal Register. This 

document corrects that effective date. 

Correction 

In FR Doc. 2010–30682 appearing on 

page 78158 in the Federal Register of 

December 9, 2010, correct the DATES

section to read as follows: 

DATES: This rule is effective January 3, 2011 

through June 1, 2011, unless NMFS publishes 

a superseding document in the Federal 

Register. 

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

Dated: December 15, 2010. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 2010–31917 Filed 12–17–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XA017 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the Atlantic tunas General category 

daily Atlantic bluefin tuna (BFT) 

retention limit should be adjusted for 

the month of January 2011, based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

applies to Atlantic tunas General 

category permitted vessels and Highly 

Migratory Species Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT). 

DATES: Effective January 1, 2011, 

through January 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 


jlentini on DSKJ8SOYB1PROD with RULES
79310 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 

established in the 2006 Consolidated 

Highly Migratory Species Fishery 

Management Plan (2006 Consolidated 

HMS FMP) (71 FR 58058, October 2, 

2006). 

The 2011 BFT fishing year, which is 

managed on a calendar year basis and 

subject to an annual calendar year 

quota, begins January 1, 2011. Starting 

on January 1, 2011, the General category 

daily retention limit (§ 635.23(a)(2)) is 

scheduled to revert back to the default 

retention limit of one large medium or 

giant BFT (measuring 73 inches (185 

cm) CFL) or greater per vessel per 

day/trip. This default retention limit 

applies to General category permitted 

vessels and HMS Charter/Headboat 

category permitted vessels (when 

fishing commercially for BFT, as 

specified and to the extent allowable 

under the regulations). 

Each of the General category time 

periods (January, June–August, 

September, October–November, and 

December) is allocated a portion of the 

annual General category quota, thereby 

ensuring extended fishing opportunities 

in years when catch rates are high. For 

the 2010 fishing year, NMFS adjusted 

the General category limit from the 

default level of one large medium or 

giant BFT as follows: Two large medium 

or giant BFT for January (74 FR 68709, 

December 29, 2009), and three large 

medium or giant BFT for June through 

December (75 FR 30730, June 2, 2010; 

and 75 FR 51182, August 19, 2010). 

The 2010 ICCAT recommendation 

regarding western BFT management 

resulted in a 2011 U.S. quota of 923.7 

mt (not including a 25-mt allocation that 

the United States uses to account for 

bycatch of BFT in pelagic longline 

fisheries in the Northeast Distant Gear 

Restricted Area (NED)). Consistent with 

the allocation scheme established in the 

Consolidated HMS FMP, the baseline 

2011 General category share would be 

435.1 mt, and the baseline 2011 January 

General category subquota would be 

23.1 mt. 

In order to implement the ICCAT 

recommendation, which enters into 

force in June 2011, NMFS is planning to 

publish proposed quota specifications 

in the beginning of 2011 to set BFT 

quotas for each of the established 

domestic fishing categories. Until the 

2011 quota specifications are finalized 

(most likely in the spring of 2011), the 

January General category baseline quota 

of 23.8 mt (established for 2010) 

remains in effect. In the meantime, the 

General category BFT fishery remains 

active into the winter, with landings 

reported in November and December. 

Adjustment of General Category Daily 

Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the daily 

retention limit of large medium and 

giant BFT over a range of zero to a 

maximum of three per vessel based on 

consideration of the criteria provided 

under § 635.27(a)(8), which include: 

The usefulness of information obtained 

from catches in the particular category 

for biological sampling and monitoring 

of the status of the stock; effects of the 

adjustment on BFT rebuilding and 

overfishing; effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; variations in 

seasonal distribution, abundance, or 

migration patterns of BFT; effects of 

catch rates in one area precluding 

vessels in another area from having a 

reasonable opportunity to harvest a 

portion of the category’s quota; and a 

review of dealer reports, daily landing 

trends, and the availability of the BFT 

on the fishing grounds. 

NMFS has considered the set of 

criteria cited above and their 

applicability to the General category 

BFT retention limit for the January 2011 

General category fishery. For example, 

under the 2-fish limit that applied in 

January 2010, January landings were 

low (2.7 out of the baseline subquota of 

23.8 mt, later adjusted in the final 2010 

specifications to 28.6 mt). Under the 

proposed 2011 BFT quota 

specifications, the baseline 2011 January 

subquota would be 23.1 mt. Based on 

these considerations, NMFS has 

determined that the General category 

retention limit should be adjusted to 

allow for retention of the anticipated 

2011 General category quota, and that 

the same approach that was used (and 

that proved effective) for January 2010 

is warranted. Therefore, NMFS 

increases the General category retention 

limit from the default limit to two large 

medium or giant BFT, measuring 73 

inches CFL or greater, per vessel per 

day/trip, effective January 1, 2011, 

through January 31, 2011. Regardless of 

the duration of a fishing trip, the daily 

retention limit applies upon landing. 

For example, whether a vessel fishing 

under the General category limit takes a 

two-day trip or makes two trips in one 

day, the daily limit of two fish may not 

be exceeded upon landing. This General 

category retention limit is effective in all 

areas, except for the Gulf of Mexico, and 

applies to those vessels permitted in the 

General category as well as to those 

HMS Charter/Headboat permitted 

vessels fishing commercially for BFT. 

This adjustment is intended to 

provide a reasonable opportunity to 

harvest the U.S. quota of BFT without 

exceeding it, while maintaining an 

equitable distribution of fishing 

opportunities, to help achieve optimum 

yield in the General category BFT 

fishery, to collect a broad range of data 

for stock monitoring purposes, and to be 

consistent with the objectives of the 

Consolidated HMS FMP. 

Monitoring and Reporting 

NMFS selected the daily retention 

limit for January 2011 after examining 

an array of data as it pertains to the 

determination criteria. These data 

included, but were not limited to, 

current and previous catch and effort 

rates, quota availability, previous public 

comments on inseason management 

measures, and stock status, among other 

data. NMFS will continue to monitor 

the BFT fishery closely through the 

mandatory dealer landing reports, 

which NMFS requires to be submitted 

within 24 hours of a dealer receiving 

BFT. Depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional retention 

limit adjustments are necessary to 

ensure available quota is not exceeded 

or to enhance scientific data collection 

from, and fishing opportunities in, all 

geographic areas. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

http://www.hmspermits.gov, for updates 

on quota monitoring and retention limit 

adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

The regulations implementing the 

Consolidated HMS FMP provide for 

inseason retention limit adjustments to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. Affording prior notice and 

opportunity for public comment to 

implement these retention limits is 

impracticable as it would preclude 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that the General category 

BFT retention limits may be increased 

with minimal risks of exceeding the 

ICCAT-allocated quota. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Rules and Regulations 79311 

Delays in increasing these retention 

limits would adversely affect those 

General and Charter/Headboat category 

vessels that would otherwise have an 

opportunity to harvest more than the 

default retention limit of one BFT per 

day and may exacerbate the problem of 

low catch rates and quota rollovers. 

Limited opportunities to harvest the 

respective quotas may have negative 

social and economic impacts for U.S. 

fishermen that depend upon catching 

the available quota within the time 

periods designated in the Consolidated 

HMS FMP. Adjustment of the retention 

limit needs to be effective January 1, 

2011, to minimize any unnecessary 

disruption in fishing patterns and for 

the impacted sectors to benefit from the 

adjustments so as to not preclude 

fishing opportunities for fishermen who 

have access to the fishery only during 

this time period. Therefore, the AA 

finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and the 

opportunity for public comment. For all 

of the above reasons, and because this 

action relieves a restriction (i.e., the 

default General category retention limit 

is one fish per vessel/trip whereas this 

action increases that limit and allows 

retention of additional fish), there is 

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

to waive the 30-day delay in 

effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: December 13, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–31751 Filed 12–17–10; 8:45 am] 

BILLING CODE 3510–22–P 


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