13510 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

This Final Rule is intended to 

enhance the flexibility of regulated 

entities concluding contractual 

relationships subject to the Shipping 

Act and the Commission’s regulations. 

There are two types of regulated entities 

that this Final Rule may affect: vesseloperating common carriers (VOCCs) and 

non-vessel-operating common carriers 

(NVOCCs). The Commission currently 

has on file registrations (Form FMC–1) 

for 294 VOCCs. VOCCs are generally not 

small entities, as defined by North 

American Industry Classification 

System’s size standards identified by 

Small Business Administration. 13 CFR 

121.201. While some are large, multinational corporations, most NVOCCs 

licensed by the Commission have fewer 

than 500 employees and are therefore 

small entities. There are currently 4,652 

NVOCCs licensed by or registered with 

the Commission. 

The Commission believes that there 

are approximately 46,962 effective 

service contracts on file with the 

Commission between May 1, 2011 

through February 9, 2012. Of those, the 

Commission has identified 62 service 

contracts referencing indices, 

approximately 0.13% of the total, that 

would become subject to the Final Rule. 

Complying with the Final Rule with 

respect to 0.13% of the total service 

contracts would not appear to result in 

a ‘‘significant economic impact’’ on 

VOCCs. Specifically, only VOCCs whose 

service contracts refer to indices will be 

subject to the requirements of 46 CFR 

530.8(c)(3) of the Final Rule, and based 

upon the number of contracts currently 

on file with the Commission, that 

number is very small. 

Nor will this Final Rule have a 

‘‘significant economic impact’’ on 

NVOCCs. The rule simply provides 

parties to service contracts and NSAs 

more freedom and flexibility in their 

commercial arrangements and will not 

adversely affect small NVOCCs. Unlike 

VOCC service contracts, there are no 

NSAs currently on file with the 

Commission that reference indices, and, 

therefore, no NSAs would be impacted 

by the Final Rule. 

In view of the above, the Chairman of 

the Commission hereby certifies, 

pursuant to 46 U.S.C. 605(b) of the 

Regulatory Flexibility Act that the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This rule is not a ‘‘major rule’’ under 

5 U.S.C. 804(2). 

As VOCC parties to service contracts 

and NVOCC parties to NSAs are already 

required to provide ‘‘associated records’’ 

to the Commission pursuant to the 

Commission’s regulations at 46 CFR 

530.15(c) and 531.12(b), this Final Rule 

does not impose any new recordkeeping 

or reporting requirements on VOCCs or 

NVOCCs that would be ‘‘collection of 

information’’ requiring approval under 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 46 CFR Parts 530 and 

531 

Freight, Maritime carriers, Reporting 

and recordkeeping requirements. 

For the reasons stated in the 

supplementary information, the Federal 

Maritime Commission amends 46 CFR 

parts 530 and 531 as follows. 

PART 530—SERVICE CONTRACTS 

■ 1. The authority citation for part 530 

continues to read as follows: 

Authority: 5 U.S.C. 553; 46 U.S.C. 305, 

40301–40306, 40501–40503, 41307. 

■ 2. Revise § 530.8(c) to read as follows: 

§ 530.8 Service Contracts. 

* * * * * 

(c) Certainty of terms. The terms 

described in paragraph (b) of this 

section may not: 

(1) Be uncertain, vague or ambiguous; 

or 

(2) Make reference to terms not 

explicitly contained in the service 

contract itself unless those terms are 

readily available to the parties and the 

Commission. 

(3) Pursuant to § 530.15(c), the carrier 

party to the service contract must, upon 

written request by the Commission, 

provide the Commission with the 

associated records of the referenced 

terms. For the purpose of paragraph 

(c)(2) of this section, the referenced 

terms will be deemed readily available 

to the Commission if the carrier party to 

the service contract provides the 

Commission with the associated records 

of the terms within thirty (30) days of 

the Commission’s written request. 

* * * * * 

PART 531—NVOCC SERVICE 

ARRANGEMENTS 

■ 3. The authority citation for Part 531 

continues to read as follows: 

Authority: 46 U.S.C. 40103. 

■ 4. Revise § 531.6(c) to read as follows: 

§ 531.6 NVOCC Service Arrangements. 

* * * * * 

(c) Certainty of terms. The terms 

described in paragraph (b) of this 

section may not: 

(1) Be uncertain, vague or ambiguous; 

or 

(2) Make reference to terms not 

explicitly contained in the NSA itself 

unless those terms are readily available 

to the parties and the Commission. 

Reference may not be made to a tariff of 

a common carrier other than the NVOCC 

acting as carrier party to the NSA. 

(3) Pursuant to § 531.12(b), the carrier 

party to the NSA must, upon written 

request by the Commission, provide the 

Commission with the associated records 

of the referenced terms. For the purpose 

of paragraph (c)(2) of this section, the 

referenced terms will be deemed readily 

available to the Commission if the 

carrier party to the NSA provides the 

Commission with the associated records 

of the terms within thirty (30) days of 

the Commission’s written request. 

* * * * * 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2012–5461 Filed 3–6–12; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–2] 

RIN 0648–XB062 

Pacific Cod by Catcher Vessels Less 

Than 50 Feet (15.2 Meters) Length 

Overall Using Hook-and-Line Gear 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 

(CVs) less than 50 feet (15.2 meters (m)) 

in length overall (LOA) using hook-andline gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the A 

season allowance of the 2012 Pacific 

cod total allowable catch apportioned to 

CVs less than 50 feet (15.2 m) LOA 

using hook-and-line gear in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 4, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 


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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13511 

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 A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to CVs less than 50 feet 

(15.2 m) LOA using hook-and-line gear 

in the Central Regulatory Area of the 

GOA is 3,938 metric tons (mt), as 

established by the final 2011 and 2012 

harvest specifications for groundfish of 

the GOA (76 FR 11111, March 1, 2011), 

revision to the final 2012 harvest 

specifications for Pacific cod (76 FR 

81860, December 29, 2011), and 

inseason adjustment to the final 2012 

harvest specifications for Pacific cod (77 

FR 438, January 5, 2012). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2012 Pacific cod TAC 

apportioned to CVs less than 50 feet 

(15.2 m) LOA using hook-and-line gear 

in the Central Regulatory Area of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 3,903 mt, and is setting 

aside the remaining 35 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 CVs 

less than 50 feet (15.2 m) LOA using 

hook-and-line gear in the Central 

Regulatory Area of the GOA. After the 

effective date of this closure the 

maximum retainable amounts at 

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

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting 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 closure of directed fishing for 

Pacific cod by CVs less than 50 feet 

(15.2 m) LOA using hook-and-line 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 March 1, 2012. 

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: March 2, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–5552 Filed 3–2–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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