Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 43999 

electronic signature is the legally 

binding equivalent of his or her 

handwritten signature. 

(b) System security. Railroads using 

an automated recordkeeping system 

must protect the integrity of the system 

by the use of an employee identification 

number and password, or a comparable 

method, to establish appropriate levels 

of program access meeting all of the 

following standards: 

(1) Data input is restricted to the 

employee or train crew or signal gang 

whose time is being recorded, except 

that an eligible smaller railroad, or a 

contractor or subcontractor to such a 

railroad, may pre-populate fields of the 

hours of service record provided that— 

(i) The eligible smaller railroad, or its 

contractor or subcontractor, prepopulates fields of the hours of service 

record with information the railroad, or 

its contractor or subcontractor knows is 

factually accurate for a specific 

employee. 

(ii) The recordkeeping system may 

allow employees to copy data from one 

field of a record into another field, 

where applicable. 

(iii) The eligible smaller railroad, or 

its contractor or subcontractor does not 

use estimated, historical, or arbitrary 

information to pre-populate any field of 

an hours of service record. 

(iv) An eligible smaller railroad, or a 

contractor or a subcontractor to such a 

railroad, is not in violation of paragraph 

(b)(1) of this section if it makes a good 

faith judgment as to the factual accuracy 

of the data for a specific employee but 

nevertheless errs in pre-populating a 

data field. 

(v) The employee may make any 

necessary changes to the data by typing 

into the field without having to access 

another screen or obtain clearance from 

railroad, or contractor or subcontractor 

to the railroad. 

(2) No two individuals have the same 

electronic signature. 

(3) No individual can delete or alter 

a record after the employee who created 

the record electronically signs the 

record. 

(4) Any amendment to a record is 

either: 

(i) Electronically stored apart from the 

record that it amends; or 

(ii) Electronically attached to the 

record as information without changing 

the original record. 

(5) Each amendment to a record 

uniquely identifies the individual 

making the amendment. 

(6) The automated system maintains 

the records as originally submitted 

without corruption or loss of data. 

Beginning August 29, 2018, an eligible 

smaller railroad must retain back-up 

data storage for its automated records 

for the quarters prescribed in the 

following table for the time specified in 

§ 228.9(c)(3), to be updated within 30 

days of the end of each prescribed 

quarter— 

Quarter 1 ........ January 1 through March 31. 

Quarter 2 ........ April 1 through June 30. 

Quarter 3 ........ July 1 through September 

30. 

Quarter 4 ........ October 1 through December 31. 

(7) Supervisors and crew management 

officials can access, but cannot delete or 

alter, the records of any employee after 

the employee electronically signs the 

record. 

(c) Identification of the individual 

entering data. If a given record contains 

data entered by more than one 

individual, the record must identify 

each individual who entered specific 

information within the record and the 

data the individual entered. 

(d) Search capabilities. The 

automated recordkeeping system must 

store records using the following criteria 

so all records matching the selected 

criteria are retrieved from the same 

location: 

(1) Date (month and year); 

(2) Employee name or identification 

number; and 

(3) Electronically signed records 

containing one or more instances of 

excess service, including duty tours in 

excess of 12 hours. 

(e) Access to records. An eligible 

smaller railroad, or contractor or 

subcontractor providing covered service 

employees to such a railroad, must 

provide access to its hours of service 

records under subpart B that are created 

and maintained in its automated 

recordkeeping system to FRA inspectors 

and State inspectors participating under 

49 CFR part 212, subject to the 

following requirements: 

(1) Access to records created and 

maintained in the automated 

recordkeeping system must be obtained 

as required by § 228.9(c)(4); 

(2) An eligible smaller railroad must 

establish and comply with procedures 

for providing an FRA inspector or 

participating State inspector with access 

to the system upon request and must 

provide access to the system as soon as 

possible but not later than 24 hours after 

a request for access; 

(3) Each data field entered by an 

employee on the input screen must be 

visible to the FRA inspector or 

participating State inspector; and 

(4) The data fields must be searchable 

as described in paragraph (d) of this 

section and must yield access to all 

records matching the criteria specified 

in a search. 

■ 9. In § 228.207, revise paragraphs 

(b)(1)(iii)(B) and (c)(1)(i) to read as 

follows: 

§ 228.207 Training. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) * * * 

(B) The entry of hours of service data, 

into the electronic system or automated 

system or on the appropriate paper 

records used by the railroad or 

contractor or subcontractor to a railroad 

for which the employee performs 

covered service; and 

* * * * * 

(c) * * * 

(1) * * * 

(i) Emphasize any relevant changes to 

the hours of service laws, the recording 

and reporting requirements in subparts 

B and D of this part, or the electronic, 

automated, or manual recordkeeping 

system of the railroad or contractor or 

subcontractor to a railroad for which the 

employee performs covered service 

since the employee last received 

training; and 

* * * * * 

Issued in Washington, DC. 

Ronald Louis Batory, 

Administrator. 

[FR Doc. 2018–18639 Filed 8–28–18; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 107816769–8162–02] 

RIN 0648–XG396 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by Trawl 

Catcher Vessels in the Central 

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 catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the annual allowance 

of the 2018 Pacific cod total allowable 

catch apportioned to trawl catcher 


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44000 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 

vessels in the Central Regulatory Area of 

the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), September 1, 2018, 

through 2400 hours, A.l.t., December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The annual allowance of the 2018 

Pacific cod total allowable catch (TAC) 

apportioned to trawl catcher vessels in 

the Central Regulatory Area of the GOA 

not participating in the cooperative 

fishery of the Rockfish Program is 2,275 

metric tons (mt), as established by the 

final 2018 and 2019 harvest 

specifications for groundfish of the GOA 

(83 FR 8768, March 1, 2018). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the annual allowance of 

the 2018 Pacific cod TAC apportioned 

to trawl catcher vessels in the Central 

Regulatory Area of the GOA is necessary 

to account for the incidental catch in 

other anticipated fisheries. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt and is setting aside 

the remaining 2,275 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 

catcher vessels using trawl gear in the 

Central 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. This closure does not 

apply to fishing by vessels participating 

in the cooperative fishery of the 

Rockfish Program for the Central GOA. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

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 directed fishing closure of 

Pacific cod by catcher vessels using 

trawl gear in the Central 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 August 22, 2018. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: August 24, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18727 Filed 8–28–18; 8:45 am] 

BILLING CODE 3510–22–P 


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