76438 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 

Type of proceeding Fee 

(i) Annual request does not require a Federal Register (FR) notice: 

(A) Set cost portion ..................................................................................................................................................... $200. 

(B) Sliding cost portion ................................................................................................................................................ $69. per party. 

(ii) Annual request does require a FR notice: 

(A) Set cost portion ..................................................................................................................................................... $500. 

(B) Sliding cost portion ................................................................................................................................................ $69. per party. 

(iii) Quarterly request does not require a FR notice: 

(A) Set cost portion ..................................................................................................................................................... $60. 

(B) Sliding cost portion ................................................................................................................................................ $17. per party. 

(iv) Quarterly request does require a FR notice: 

(A) Set cost portion ..................................................................................................................................................... $245. 

(B) Sliding cost portion ................................................................................................................................................ $17. per party. 

(v) Monthly request does not require a FR notice: 

(A) Set cost portion ..................................................................................................................................................... $20. 

(B) Sliding cost portion ................................................................................................................................................ $5. per party. 

(vi) Monthly request does require a FR notice: 

(A) Set cost portion ..................................................................................................................................................... $182. 

(B) Sliding cost portion ................................................................................................................................................ $5. per party. 

(99)(i) Application fee for the STB’s Practitioners’ Exam .......................................................................................................... $250. 

(ii) Practitioners’ Exam Information Package ..................................................................................................................... $25. 

(100) Carload Waybill Sample data: 

(i) Requests for Public Use File for all years prior to the most current year Carload Waybill Sample data available, 

provided on CD–R.

$250. per year. 

(ii) Specialized programming for Waybill requests to the Board ........................................................................................ $148. per hour. 

* * * * * 

[FR Doc. 2024–21270 Filed 9–17–24; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 240910–0234] 

RIN 0648–BM98 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Lane 

Snapper Catch Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement management measures 

described in an abbreviated framework 

action under the Fishery Management 

Plan for the Reef Fish Resources of the 

Gulf of Mexico (FMP) as prepared by the 

Gulf of Mexico Fishery Management 

Council (Council). This final rule 

modifies the Gulf of Mexico (Gulf) lane 

snapper catch limits. The purpose of 

this final rule is to modify the Gulf lane 

snapper catch limits based on the best 

scientific information available. This 

final rule also revises reporting and 

compliance requirements for Gulf reef 

fish commercial permit holders using 

vessel monitoring systems (VMS). 

DATES: This final rule is effective 

October 18, 2024. 

ADDRESSES: Electronic copies of the 

abbreviated framework action, which 

includes a Regulatory Flexibility Act 

(RFA) analysis and a regulatory impact 

review, may be obtained from the 

Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

gulf-mexico-lane-snapper-catch-limitsabbreviated-framework. 

Written comments regarding the 

burden hour estimates or any other 

aspects of the collection of information 

requirements contained in this final rule 

may be submitted at any time by email 

to Carolyn Sramek, NMFS Southeast 

Regional Office, carolyn.sramek@

noaa.gov or to www.reginfo.giv/public/ 

do/PRAMain. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, NMFS Southeast Regional Office, 

telephone: 727–824–5305, email: 

daniel.luers@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS, 

with the advice of the Council, manages 

the Gulf reef fish fishery, which 

includes lane snapper, under the FMP. 

The FMP was prepared by the Council, 

approved by the Secretary of Commerce, 

and is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS, with the advice from the 

regional fishery management councils, 

to prevent overfishing and achieve, on 

a continuing basis, the optimum yield 

(OY) from federally managed fish 

stocks. These mandates are intended to 

ensure fishery resources are managed 

for the greatest overall benefit to the 

Nation, particularly with respect to 

providing food production and 

recreational opportunities and 

protecting marine ecosystems. 

On June 17, 2024, NMFS published a 

proposed rule for the abbreviated 

framework action and requested public 

comment (89 FR 51295). Comments 

received on the proposed rule are 

summarized and responded to in the 

Comments and Responses section of this 

final rule. 

Unless otherwise noted, all weights in 

this final rule are in round weight. 

Lane snapper occur in estuaries and 

shelf waters of the Gulf and are 

particularly abundant off south and 

southwest Florida. Lane snapper in the 

Gulf exclusive economic zone are 

managed as a single stock, with a 

combined annual catch limit (ACL) for 

the commercial and recreational sectors 

that is set equal to the acceptable 

biological catch (ABC). The fishing 

season is open year-round, January 1 

through December 31 unless a closure is 

required to constrain landings to the 

ACL. Currently, the lane snapper 

overfishing limit (OFL) is 1,053,834 

pounds (lb) (478,011 kilograms (kg)), 

and the ABC is 1,028,973 lb (466,734 

kg). These catch limits are based on the 

results of an update to the Southeast 

Data, Assessment, and Review 49 

(SEDAR 49) that was completed in 2019 

and used recreational landings estimates 

generated by the Marine Recreational 

Information Program (MRIP) Fishing 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76439 

Effort Survey (FES) instead of the 

previous MRIP-Coastal Household 

Telephone Survey. 

This final rule increases the lane 

snapper OFL, ABC, and ACL based on 

the results of the SEDAR 49 interim 

analysis (IA) and recommendations 

from the Council’s Scientific and 

Statistical Committee (SSC). The SEDAR 

49 IA included updated landings and 

dead discards information as well as an 

updated catch-per-unit-effort index for 

the headboat fleet. 

Management Measures Contained in 

the Abbreviated Framework Action and 

This Final Rule 

The abbreviated framework action 

and final rule increase the lane snapper 

OFL from 1,053,834 lb (478,011 kg) to 

1,116,331 lb (506,359 kg), increase the 

ABC from 1,028,973 lb (466,734 kg) to 

1,088,873 lb (493,904 kg), and set the 

stock ACL equal to the ABC at 1,088,873 

lb (493,904 kg). This results in an 

overall increase in the allowable harvest 

of 59,900 lb (27,170 kg). 

Changes to Regulations Not Associated 

With the Abbreviated Framework 

Action 

For fishermen with a valid Federal 

commercial permit to harvest Gulf reef 

fish, NMFS is revising the process for 

requesting a power-down exemption to 

the VMS requirement. NMFS is also 

removing the requirement that the 

vessel owner or operator certify 

compliance with the proper installation 

and activation of a VMS unit. NMFS 

expects both of these changes to reduce 

the burden on individual fishermen and 

NMFS, and to increase enforceability. 

Regulations at 50 CFR 622.28(a) 

require the owner or operator of a vessel 

that has been issued a commercial 

permit for Gulf reef fish to maintain an 

operational satellite-linked VMS unit on 

the vessel that transmits the location of 

the vessel on a regular and consistent 

basis. Regulations at 50 CFR 622.28(d) 

allow an owner or operator to power 

down the VMS unit if the vessel will be 

continuously out of the water or in port 

more than 72 consecutive hours. The 

regulations at 50 CFR 622.28(d) also 

specify the process for requesting this 

power-down exemption, which includes 

obtaining a letter of exemption from the 

NMFS Office of Law Enforcement 

(OLE), filing a report through the VMS 

terminal prior to each power down, and 

entering the power-down code in the 

VMS terminal prior to each power 

down. 

When VMS was first required, the 

process to request a power-down 

exemption was not included in the 

regulations; instead, the regulations 

referred to the NOAA Enforcement Draft 

VMS Requirements that were included 

in Appendix E to Amendment 18A to 

the FMP (71 FR 45248, August 9, 2006). 

When NMFS revised the VMS 

regulations in 2007, NMFS added to the 

regulations the process for requesting a 

power-down exemption (72 FR 73270, 

December 27, 2007). Technology now 

allows for use of an online form and 

immediate authorization by NMFS. 

Therefore, NMFS is modifying the 

process for submitting the power-down 

exemption, including how and what 

information is collected. The owner or 

operator of the permitted vessel will use 

an online form to request the VMS 

power-down exemption. The 

information requested on the online 

form is similar to the current form. The 

only change to the data collected is a 

field for an email address for the person 

making the request and their selfidentification as the vessel owner or 

operator. NMFS expects the online form 

to allow for faster communication and 

approval for the requester, and to 

streamline the administrative process by 

eliminating the need for manual data 

entry. NMFS will use the selfidentification to confirm that the 

submitter is authorized to submit the 

request as the vessel owner or operator. 

If all of the required information is 

provided, the authorization for the 

power-down exemption will be 

provided automatically as a visible 

display soon after the time of 

submission, and will also be sent to the 

email address provided by the requester 

and, if different from the requester, to 

the permit holder’s email address if 

NMFS was provided that information as 

part of the permit holder’s previous 

permit application. Vessel owners and 

operators will no longer send an email 

from the VMS unit on the vessel to 

NMFS OLE or enter the power-down 

code using the VMS declaration form on 

the VMS terminal. 

A power-down exemption will be 

valid until the expiration date 

requested, which NMFS will limit to not 

more than 1 year from the authorization 

date. A new request for a power-down 

exemption would be required after the 

completion of the previous 

authorization for any subsequent time 

period. There is no limit on the number 

of exemptions that can be requested. 

If a vessel owner or operator wants to 

end a power-down exemption before the 

expiration date, the authorization would 

end automatically when the vessel 

owner or operator submits a commercial 

trip declaration. Alternatively, the 

vessel owner or operator may contact 

NMFS OLE to end the power-down 

exemption. 

In addition to the changes to the 

power-down exemption regulations, 

NMFS is removing the current 

requirements at 50 CFR 622.28(f)(1) 

through (3) for a vessel owner or 

operator to submit a form certifying that 

a qualified marine electrician has 

installed and activated a NMFSapproved VMS unit on the vessel. The 

intent of the form, ‘‘Vessel Monitoring 

System (VMS) Installation and 

Activation Certification for the Reef Fish 

Fishery of the Gulf of Mexico,’’ was to 

provide NMFS with additional 

assurance that a vessel owner or 

operator is compliant with the 

requirements to install and activate an 

approved VMS unit. However, NMFS 

has determined that the compliance 

form is overly burdensome and has little 

utility. To accomplish the same purpose 

as the form, NMFS is adding a checkbox certification to the permit 

application that is required when a 

commercial reef fish permit is renewed 

or transferred. In addition, NMFS can 

detect whether a unit is operational. The 

existing requirement for a qualified 

marine technician to install the VMS 

unit will remain in § 622.28(f). 

Comments and Responses 

NMFS received five comment 

submissions in response to the proposed 

rule that NMFS published for the 

abbreviated framework action. Three 

were in opposition to increasing the 

lane snapper catch limits and one 

expressed support for the proposed 

VMS changes. One comment was 

outside the scope of the abbreviated 

framework action and proposed rule, 

suggesting increased regulation of 

commercial shrimp boats to address 

lane snapper bycatch. The comments 

opposing the increase in the lane 

snapper catch limits are summarized 

below, followed by NMFS’s response. 

Comment 1: It is not appropriate to 

increase the lane snapper catch limits at 

this time, especially given recent red 

tide events that have resulted in fish 

kills. The population should be allowed 

to grow for 3–5 years before considering 

a small increase. 

Response: NMFS disagrees that it is 

not appropriate to increase the lane 

snapper catch limits at this time. The 

most recent interim analysis (SEDAR 49 

IA) included data through 2022 and 

indicated that an increase in the Gulf 

lane snapper stock ACL would not 

negatively impact the stock. Despite 

increased fishing pressure and red tide 

events in recent years, the SEDAR 49 IA 

found that the lane snapper population 

was steady and could support a small 

amount of additional harvest. The 

Council’s SSC reviewed the results of 


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76440 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 

the SEDAR 49 IA and recommended a 

5.8 percent increase to the ABC of 

59,900 lb (27,270 kg). The Council 

accepted the SSC’s advice and 

recommended setting the stock ACL 

equal to the ABC. NMFS agrees that this 

increase, which is based on the best 

scientific information available, is 

appropriate at this time. 

Classification 

Pursuant to sections 304(b)(3) and 

305(d) of the Magnuson-Stevens Act, 

NMFS issues this final rule, which 

provides the specific authority and 

procedure for implementing this action. 

Section 304(b)(3) authorizes NMFS to 

issue final regulations prepared and 

recommended by the Council under 

section 303(c). Section 305(d) authorizes 

NMFS to promulgate regulations 

necessary to carry out an FMP. The 

NMFS Assistant Administrator has 

determined that this final rule is 

consistent with the abbreviated 

framework action, the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. The MagnusonStevens Act provides the legal basis for 

this final rule. No duplicative, 

overlapping, or conflicting Federal rules 

have been identified. A description of 

this final rule, why it is being 

implemented, and the purposes of this 

final rule are contained in the SUMMARY

and SUPPLEMENTARY INFORMATION

sections of this preamble. 

The first objective of this final rule is 

to update existing Gulf lane snapper 

catch limits based on the best scientific 

information available to achieve OY for 

Gulf lane snapper while preventing 

overfishing, consistent with the 

requirements of the Magnuson-Stevens 

Act. The second objective of this final 

rule is to revise VMS-related reporting 

requirements for commercial Gulf reef 

fish permit holders to be consistent with 

NMFS OLE’s current practices and to 

remove the requirement to provide the 

certification of installation and 

activation. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No public comments were received 

regarding this certification. NMFS did 

not receive any comments from the U.S. 

Small Business Administration’s Office 

of Advocacy or the public regarding the 

economic analysis in the abbreviated 

framework action or the certification in 

the proposed rule. As a result, no 

changes to this final rule were made in 

response to public comments. Because 

this final rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, a 

final regulatory flexibility analysis is not 

required and none has been prepared. 

This final rule contains a collectionof-information requirement subject to 

review and approval by the OMB under 

the Paperwork Reduction Act (PRA). 

This final rule changes the existing 

requirements for the collection of 

information under OMB Control 

Number 0648–0544, Southeast Region 

Vessel Monitoring System and Related 

Requirements by revising the process for 

fishermen to request a VMS powerdown exemption, including how and 

what information is collected, and the 

valid period of an exemption. This final 

rule also changes the existing 

requirements by removing an existing 

requirement for a vessel owner or 

operator to submit a form certifying that 

a qualified marine electrician has 

installed and activated a NMFSapproved VMS unit on the vessel, and 

that NMFS personnel have verified its 

operation. 

The revised VMS power-down 

exemption would apply to all 814 

actively permitted Gulf reef fish vessels, 

and NMFS expects the proposed VMS 

power-down exemption changes to 

decrease the number of respondents per 

year and decrease the number of annual 

responses. The annual fleet-wide time 

burden associated with this revision 

would be increased from 12.5 hours to 

21.75 hours, or an increase of 9.25 total 

burden hours. Thus, the public 

reporting burden per vessel is expected 

to increase on average by approximately 

0.01 hours per year and results in an 

increase in opportunity cost of 

approximately $0.32 per business per 

year. This includes the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

The revised VMS Installation and 

Activation Certification requirement 

would also apply to all 814 actively 

permitted Gulf reef fish vessels, and 

NMFS expects the removal of the VMS 

Installation and Activation Certification 

for the Reef Fish Fishery of the Gulf of 

Mexico to decrease the number of 

respondents per year and decrease the 

number of annual responses. The 

annual fleet-wide time burden 

associated with this revision would be 

decreased from 593.3 hours to 2.67 

hours, or a reduction of 590.63 total 

burden hours. Thus, the total decrease 

in time burden on average per vessel is 

approximately 0.73 hours per year and 

results in a reduction in opportunity 

cost of approximately $20.20 per 

business per year. This includes the 

time for reviewing instructions, 

searching existing data sources, 

gathering, and maintaining the data 

needed, and completing and reviewing 

the collection of information. 

NMFS invites the general public and 

other Federal agencies to comment on 

proposed and continuing information 

collections, which helps NMFS assess 

the impact of our information collection 

requirements and minimize the public’s 

reporting burden. Written comments 

and recommendations for this 

information collection should be 

submitted on the following website: 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by using the search function 

and entering the title of the collection or 

the OMB Control Number 0648–0544. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, Gulf, 

Lane snapper, Recreational, Reef fish, 

Vessel monitoring systems. 

Dated: September 12, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

622 as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.28, revise paragraphs (d) 

and (f) to read as follows: 

§ 622.28 Vessel monitoring systems 

(VMSs). 

* * * * * 

(d) Power-down exemptions. An 

owner or operator of a vessel subject to 

the requirement to have a VMS 

operating at all times as specified in 

paragraph (a) of this section can be 


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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations 76441 

exempted from that requirement and 

may power down the required VMS unit 

as specified in the following provisions. 

(1) The vessel will be continuously 

out of the water or in port, as defined 

in paragraph (c) of this section, for more 

than 72 consecutive hours. 

(2) The owner or operator of the 

vessel requests and obtains 

authorization from NMFS OLE to 

power-down the VMS unit on the same 

vessel. VMS units must remain on and 

positioning until the vessel owner or 

operator receives such authorization. A 

request for a power-down exemption 

must be completed through a NMFS 

website. The request must provide the 

specified information, such as, the 

identity of person making the request, 

vessel owner, vessel identification, and 

the reason for an exemption. 

Authorization for the power-down is 

displayed on the website after 

submission of all required information 

and is transmitted by email to the 

requester and the vessel owner, if 

different from the requester. After 

receipt of the authorization, the VMS 

unit may be turned off for the approved 

time period. 

(3) If a vessel with an approved VMS 

power-down exemption submits a trip 

declaration, as specified in paragraph (e) 

of this section, before the power-down 

exemption expires, the power-down 

exemption will be void, and the vessel 

is required to have a VMS operating at 

all times as specified in paragraph (a) of 

this section. Authorization for a new 

power-down exemption will be required 

before the vessel can subsequently 

power-down the VMS unit. 

(4) An approved VMS power-down 

exemption is not transferrable and is 

granted only to the vessel owner, vessel, 

and the commercial reef fish permit 

number contained in the authorization. 

(5) The maximum period for a single 

approved VMS power-down exemption 

is 1 year from the date that NMFS grants 

the VMS power-down exemption. A 

vessel owner or operator may request a 

subsequent VMS power-down 

exemption for the same vessel after the 

expiration of the preceding power-down 

exemption. 

* * * * * 

(f) Installation and activation of a 

VMS. Only a VMS that has been 

approved by NMFS for the Gulf reef fish 

fishery may be used, and the VMS must 

be installed by a qualified marine 

electrician. 

* * * * * 

■ 3. In § 622.41, revise paragraph (k) to 

read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(k) Lane snapper. If the sum of the 

commercial and recreational landings, 

as estimated by the SRD, reaches or is 

projected to reach the stock ACL, as 

specified in this paragraph (k), the AA 

will file a notification with the Office of 

the Federal Register to close the 

commercial and recreational sectors for 

the remainder of the fishing year. The 

stock ACL for lane snapper is 1,088,873 

lb (493,904 kg), round weight. 

* * * * * 

[FR Doc. 2024–21244 Filed 9–17–24; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES