Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 14427 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during normal 

business hours at the Federal Aviation 

Administration, Air Traffic 

Organization, Central Service Center, 

Operations Support Group, 10101 

Hillwood Parkway, Fort Worth, TX 

76177. 

Incorporation by Reference 

Class E airspace is published in 

paragraph 6005 of FAA Order JO 

7400.11, Airspace Designations and 

Reporting Points, which is incorporated 

by reference in 14 CFR 71.1 on an 

annual basis. This document proposes 

to amend the current version of that 

order, FAA Order JO 7400.11H, dated 

August 11, 2023, and effective 

September 15, 2023. These updates 

would be published subsequently in the 

next update to FAA Order JO 7400.11. 

That order is publicly available as listed 

in the ADDRESSES section of this 

document. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is proposing to amend 14 

CFR part 71 by modifying the Class E 

airspace extending upward from 700 

feet above the surface to within a 6.4- 

mile (decreased from a 6.5-mile) radius 

of Dixon Municipal Airport-Charles R. 

Walgreen Field, Dixon, IL; removing the 

Polo VORTAC and associated 

extensions from the airspace legal 

description; and updating the name of 

the airport (previously Dixon 

Municipal-Charles R. Walgreen Field) to 

coincide with the FAA’s aeronautical 

database. 

The FAA is proposing this action as 

the result of an airspace review 

conducted due to the decommissioning 

of the Polo VOR as part of the VOR 

MON Program and to support IFR 

operations. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

AGL IL E5 Dixon, IL [Amended] 

Dixon Municipal Airport-Charles R. 

Walgreen Field, IL 

(Lat. 41°50′01′′ N, long 89°26′46′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Dixon Municipal Airport-Charles R. 

Walgreen Field. 

* * * * * 

Issued in Fort Worth, Texas, on February 

21, 2024. 

Martin A. Skinner, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2024–03838 Filed 2–26–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

RIN 0648–BM81 

Fisheries of the Exclusive Economic 

Zone; Bering Sea and Aleutian Islands 

Crab Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of availability of 

fishery management plan amendment; 

request for comments. 

SUMMARY: The North Pacific Fishery 

Management Council (Council) 

submitted Amendments 54 and 55 to 

the Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (Crab FMP) to NMFS for review. 

If approved, Amendments 54 and 55 

would revise two provisions of the Crab 

Rationalization Program (CR Program) to 

complete the following: change active 

participation requirements for crab 

quota share (crab QS) established for 

vessel operators and crew; and expand 

the exemptions for CR Program custom 

processing from processor use caps and 

remove the CR Program processor 

facility use cap. These actions are 

intended to provide operators and crew 

greater flexibility in meeting CR 

Program participation requirements and 

to improve CR Program processor 

efficiency. This action is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the Crab FMP, 

and other applicable laws. 

DATES: Submit comments on or before 

April 29, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0159, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0159 in the Search 

box (note: copying and pasting the 


lotter on DSK11XQN23PROD with PROPOSALS1
14428 Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 

FDMS Docket Number directly from this 

document may not yield search results). 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

• Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of Amendments 54 

and 55 to the Crab FMP, the Regulatory 

Impact Reviews (RIRs) prepared for 

Amendment 54 and Amendment 55, 

and the Categorical Exclusion prepared 

for this action may be obtained from 

https://www.regulations.gov or from the 

NMFS Alaska Region website at https:// 

www.fisheries.noaa.gov/region/alaska. 

NMFS determined that this proposed 

action amending the Crab FMP and 

implementing the amendments are 

categorically excluded from 

requirements to otherwise prepare an 

environmental assessment under the 

National Environmental Policy Act. 

The Environmental Impact Statement 

(Program EIS), RIR (Program RIR), Final 

Regulatory Flexibility Analysis 

(Program FRFA), and Social Impact 

Assessment previously prepared for the 

CR Program are available from the 

NMFS Alaska Region website at https:// 

www.fisheries.noaa.gov/region/alaska. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Olson, 907–586–7228, 

andrew.olson@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Act requires that 

each regional fishery management 

council submit any fishery management 

plan amendment it prepares to NMFS 

for review and approval, disapproval, or 

partial approval by the Secretary of 

Commerce. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

a fishery management plan amendment, 

immediately publish a notice in the 

Federal Register announcing that the 

amendment is available for public 

review and comment. This notice 

announces that proposed Amendments 

54 and 55 to the Crab FMP are available 

for public review and comment. 

NMFS manages the king and Tanner 

crab fisheries in the U.S. exclusive 

economic zone of the Bering Sea and 

Aleutian Islands (BSAI) under the Crab 

FMP. The Council prepared, and NMFS 

approved, the Crab FMP under the 

authority of the Magnuson-Stevens Act, 

16 U.S.C. 1801 et seq. Regulations 

governing U.S. fisheries and 

implementing the Crab FMP appear at 

50 CFR parts 600 and 680. 

Background 

NMFS implemented the CR Program 

as a limited access privilege program, 

also called a catch share program, for 

nine crab fisheries in the BSAI on 

March 2, 2005 (70 FR 10174). The CR 

Program FMP has been amended 

seventeen times since 2005. In this 

document, the phrases ‘‘crab fishery’’ 

and ‘‘crab fisheries’’, quota share (QS)’’, 

‘‘individual fishing quota (IFQ)’’ refer to 

crab fisheries associated CR Program, 

unless otherwise specified. 

Amendment 54 and 55 to the Crab 

FMP and this proposed rule would 

revise two provisions of the CR Program 

to do the following: (1) change active 

participation requirements for QS 

established for CR Program vessel 

operators and crew; and (2) expand 

exemptions for custom processing from 

processor use caps and remove the 

processor facility use caps. 

The CR Program initially assigned QS 

to persons based on their historic 

participation in one or more of nine crab 

fisheries during a specific period. Under 

the CR Program. NMFS issued four 

types of QS: catcher vessel owner (CVO) 

QS was assigned to holders of License 

Limitation Program (LLP) licenses who 

delivered their catch to shoreside crab 

processors or to stationary floating crab 

processors; catcher/processor vessel 

owner (CPO) QS was assigned to LLP 

license holders who harvested and 

processed their catch at sea; catcher/ 

processor crew (CPC) QS was issued to 

vessel operators and crew on board 

catcher/processor vessels; and catcher 

vessel crew (CVC) QS was issued to 

vessel operators and crew on board 

catcher vessels. CPC QS and CVC QS are 

also called C shares. Each crab fishing 

year, which is the period from July 1 of 

one calendar year through June 30 of the 

following calendar year, a person who 

holds QS may receive an exclusive 

harvest privilege for a portion of the 

annual total allowable catch (TAC), 

called individual fishing quota (IFQ). 

Both in original CR Program design 

and reinforced through the subsequent 

Amendment 31 to the Crab FMP (80 FR 

15891, March 26, 2015), the Council and 

NMFS intended that individuals 

holding CVC QS and CPC QS be active 

participants in crab fisheries so that QS 

is not held by inactive individuals for 

extended periods of time. Since June 

2018 (3 years after implementation of 

Amendment 31), in order to receive an 

annual allocation of CVC QS or CPC QS 

IFQ, the regulations require a CVC QS 

and CPC QS holder to have either met 

one of the following: 

(1) participated as crew in at least one 

delivery in a CR Program crab fishery in 

the three crab fishing years preceding 

the crab fishing year for which the 

holder is applying for IFQ; or 

(2) if the individual was an initial 

recipient of CVC QS or CPC QS, 

participated as crew in at least 30 days 

of fishing in a commercial fishery 

managed by the of State of Alaska or a 

U.S. commercial fishery in Federal 

waters off Alaska in the three crab 

fishing years preceding the crab fishing 

year for which the holder is applying for 

IFQ. Initial recipients of CVC QS and 

CPC QS can demonstrate active 

participation using either option while 

new entrants are limited to participating 

as crew in at least one delivery in a CR 

Program crab fishery. 

NMFS also issued processor quota 

share (PQS) to processors based on their 

historic participation in one or more of 

the nine crab fisheries during a specific 

period. Each year, PQS yields an 

exclusive privilege to process a portion 

of the IFQ in each of the nine crab 

fisheries. This annual exclusive 

processing privilege is called individual 

processor quota (IPQ). A portion of the 

QS issued yields IFQ that is required to 

be delivered to a processor with IPQ. 

CVO QS is subject to designation as 

either Class A IFQ or Class B IFQ. 

Ninety percent of the IFQ derived from 

CVO QS is designated as Class A IFQ, 

and the remaining 10 percent is 

designated as Class B IFQ. Class A IFQ 

holders must be matched and delivered 

to a processor with IPQ that have 

available IPQ, also known as ‘‘share 

matching’’. Class B IFQ is not required 

to be delivered to a processor holding 

IPQ for that fishery. Each year there is 

a one-to-one match of the total pounds 

of Class A IFQ with the total pounds of 

IPQ issued in each crab fishery. 

When the Council recommended the 

CR Program, it expressed concern about 

the potential for excessive consolidation 

of QS and PQS, in which too few 

persons control all of the QS or PQS and 

the resulting annual IFQ and IPQ as 

well as concern for regional 

consolidation of processors. The 

Council determined that excessive 


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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Proposed Rules 14429 

consolidation could have adverse effects 

on crab markets, price setting 

negotiations between harvesters and 

processors, employment opportunities 

for harvesting and processing crew, tax 

revenue to communities in which crab 

are landed, exclusion of regional 

locations that had crab landing and 

processing history, and other factors 

considered and described in the 

Program EIS. To address these concerns, 

the CR Program limits the amount of QS 

that a person can hold (i.e., own), the 

amount of IFQ that a person can use (i.e. 

harvest crab), and the amount of IFQ 

that can be used on board a vessel (i.e., 

vessel harvest cap). Similarly, the CR 

Program limits the amount of PQS that 

a person can hold (i.e., own), the 

amount of IPQ that a person can use 

(i.e., process crab), and the amount of 

IPQ that can be processed or custom 

processed at a given CR Program crab 

processing facility (i.e., processor cap). 

These limits are commonly referred to 

as ownership caps and use caps. 

Additionally, regional landing 

designations were created for Class A 

QS based on the historic location that 

gave rise to the share. 

Amendment 54 

Amendment 54 would modify 

participation requirements for all CVC 

QS and CPC QS holders by instituting 

the following: (1) restarting the 3- and 

4-year rolling timeframes for meeting 

active participation requirements for all 

CVC QS and CPC QS holders; (2) 

authorizing NMFS to reissue QS that 

was revoked between July 1, 2019 and 

the effective date of a final rule 

implementing Amendment 54, (3) 

standardizing and expanding the 

requirements by expanding the type of 

activity that would qualify as 

participation by allowing all CVC QS 

and CPC QS holders to participate in 30 

days of fishing in any commercial 

fishery off Alaska, including crew on a 

tender vessel, (4) clarifying that the 

requirement to participate as crew in 

one crab delivery also includes 

participating in the fishing trip that 

results in a crab landing, and (5) 

clarifying the exemption for CVC QS 

and CPC QS holders with QS 

exclusively in closed CR Program 

fisheries applies to a CVC QS or CPC QS 

holder with QS in more than just a 

single closed CR Program fishery. 

The Council and NMFS established 

CVC QS and CPC QS, which are 

transferrable, with participation 

requirements as a mechanism to keep a 

portion of the crab QS in the hands of 

active fishery participants and provide 

opportunities for new entrants into the 

fishery. The Council recognized that 

some fishery participants struggled to 

maintain active participation during the 

COVID–19 pandemic and recent 

closures of crab fisheries due to low 

abundance, but the Council wanted to 

retain a participation requirement. 

Amendment 54 provides additional 

flexibility to existing CVC QS and CPC 

QS holders and continues to ensure that 

CVC QS and CPC QS is held by active 

fishery participants. 

Amendment 55 

Amendment 55 would exempt custom 

processing of Bering sea snow crab 

(Chionoecetes opilio) (BSS) IPQ with a 

south region designation, Bristol Bay 

red king crab (BBR) IPQ, and Western 

Aleutian Island golden king crab (WAG) 

IPQ processed east of 174° W from being 

counted against a processor IPQ use cap. 

By exempting custom processing in 

these three crab fisheries, this action 

would align the application of the IPQ 

use caps across all crab fisheries. 

Further, Amendment 55 would also 

remove the 60 percent CR Program 

processor facility use cap applicable to 

the Eastern Aleutian Island golden king 

crab (Lithodes aequispinus) (EAG) and 

Western Aleutian Island red king crab 

(Paralithodes camtschaticus) (WAI) 

fisheries. The EAG and WAI crab 

fisheries are the only two crab fisheries 

subject to a cap on the amount of IPQ 

that can be used as a facility (as 

distinguished from the IPQ use caps, 

which are specific to the IPQ holder). By 

exempting custom processing in these 

three fisheries, this action would align 

the application of the IPQ custom 

processing use caps across all CR 

Program fisheries. 

The Council and NMFS recognize that 

the existing facility and IPQ use caps 

were designed and implemented when 

crab TACs were at a much higher level 

than recent years. Without Amendment 

55, four unaffiliated processing facilities 

would need to operate to fully process 

the crab fisheries. This is due to share 

matching requirements in order to 

custom process crab in the BBR, south 

designated BSS and WAG east of 174° 

W longitude. Given the high costs of 

operating a processing facility in the 

BSAI, this is not economically viable 

when very low amounts of crab are 

available. Amendment 55 allows for 

more custom processing opportunities 

but also benefits the processing sector 

overall by not forcing more facilities 

than are needed to process relatively 

small TACs. 

Amendment 55 is expected to 

improve processing efficiency in the 

fisheries. Additionally, the proposed 

action is expected to minimize costs and 

avoid unnecessary duplication by 

simplifying regulations and reducing 

resources needed to monitor and 

enforce the use caps. The proposed 

action would help CR Program 

harvesters by ensuring that all available 

IFQ have an opportunity to be processed 

rather than leaving a portion of the A 

share IFQ stranded if there are not 

enough processors operating, which 

could also benefit communities with 

processing facilities. 

Public comments are solicited on 

proposed Amendments 54 and 55 to the 

Crab FMP through the end of the 

comment period (see DATES). NMFS 

intends to publish in the Federal 

Register and seek public comment on a 

proposed rule that would implement 

Amendments 54 and 55, following 

NMFS’ evaluation of the proposed rule 

under the Magnuson-Stevens Act. 

Public comments on the proposed rule 

must be received by the end of the 

comment period on Amendments 54 

and 55 to be considered in the approval/ 

disapproval decision on Amendments 

54 and 55. All comments received by 

the end of the comment period on 

Amendments 54 and 55, whether 

specifically directed to the amendments 

or the proposed rule, will be considered 

in the amendment approval/disapproval 

decision. Comments received after that 

date will not be considered in the 

approval/disapproval decision on the 

amendments. To be considered, 

comments must be received, not just 

postmarked or otherwise transmitted, by 

the last day of the comment period. 

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

Dated: February 21, 2024. 

Everett Wayne Baxter, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–03923 Filed 2–26–24; 8:45 am] 

BILLING CODE 3510–22–P 


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