85450 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 

lawful preservation of a computer 

program, or of digital materials 

dependent upon a computer program as 

a condition of access, by an eligible 

library, archives, or museum, where 

such activities are carried out without 

any purpose of direct or indirect 

commercial advantage. Any electronic 

distribution, display, or performance 

made outside of the physical premises 

of an eligible library, archives, or 

museum of works preserved under this 

paragraph may be made to only one user 

at a time, for a limited time, and only 

where the library, archives, or museum 

has no notice that the copy would be 

used for any purpose other than private 

study, scholarship, or research. 

(ii) For purposes of the exemption in 

paragraph (b)(20)(i) of this section, a 

library, archives, or museum is 

considered ‘‘eligible’’ if— 

(A) The collections of the library, 

archives, or museum are open to the 

public and/or are routinely made 

available to researchers who are not 

affiliated with the library, archives, or 

museum; 

(B) The library, archives, or museum 

has a public service mission; 

(C) The library, archives, or museum’s 

trained staff or volunteers provide 

professional services normally 

associated with libraries, archives, or 

museums; 

(D) The collections of the library, 

archives, or museum are composed of 

lawfully acquired and/or licensed 

materials; and 

(E) The library, archives, or museum 

implements reasonable digital security 

measures as appropriate for the 

activities permitted by this paragraph 

(b)(20). 

(iii) For purposes of paragraph (b)(20) 

of this section, the phrase ‘‘one user at 

a time’’ means that for each copy of a 

work lawfully owned by an eligible 

library, archives, or museum and 

preserved under paragraph (b)(20)(i) of 

this section, such library, archives, or 

museum may make an electronic 

distribution, display, or performance of 

that work outside of its physical 

premises. An eligible library, archives, 

or museum may make each copy of such 

lawfully owned and preserved work 

available to different users 

simultaneously. This provision does not 

permit an eligible library, archives, or 

museum to make multiple, 

simultaneous copies of the same copy of 

a work for the purposes of providing 

users access to the work. 

(21) Computer programs that operate 

3D printers that employ technological 

measures to limit the use of material, 

when circumvention is accomplished 

solely for the purpose of using 

alternative material and not for the 

purpose of accessing design software, 

design files, or proprietary data. 

(22) Computer programs, solely for 

the purpose of investigating a potential 

infringement of free and open source 

computer programs where: 

(i) The circumvention is undertaken 

on a lawfully acquired device or 

machine other than a video game 

console, on which the computer 

program operates; 

(ii) The circumvention is performed 

by, or at the direction of, a party that has 

a good-faith, reasonable belief in the 

need for the investigation and has 

standing to bring a breach of license or 

copyright infringement claim; 

(iii) Such circumvention does not 

constitute a violation of applicable law; 

and 

(iv) The copy of the computer 

program, or the device or machine on 

which it operates, is not used or 

maintained in a manner that facilitates 

copyright infringement. 

* * * * * 

Dated: October 18, 2024. 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2024–24563 Filed 10–25–24; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 225 

[Docket No. FRA–2024–0034] 

RIN 2130–AC98 

Federal Railroad Administration 

Accident/Incident Investigation Policy 

for Gathering Information and 

Consulting With Stakeholders; 

Correction 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: On October 1, 2024, FRA 

published a final rule amending its 

Accident/Incident Regulations 

governing reporting, classification, and 

investigations to codify FRA’s policy for 

gathering information from, and 

consulting with, stakeholders during an 

accident/incident investigation. The 

published final rule contains errors in 

the preamble text. FRA is correcting 

those errors so that the final rule 

conforms to FRA’s intent. 

DATES: Effective on November 15, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Senya Waas, Senior Attorney, Office of 

the Chief Counsel, FRA, telephone: 202– 

875–4158 or email: senyaann.waas@

dot.gov. 

SUPPLEMENTARY INFORMATION: In FR 

document 2024–22326 beginning on 

page 79767 in the Federal Register of 

October 1, 2024, make the following 

corrections: 

1. On page 79767, in the first and 

second columns, correct the DATES

section to read: 

DATES: Effective date: This final rule is 

effective on November 15, 2024, unless 

FRA receives adverse, substantive 

comment by October 31, 2024. If no 

adverse, substantive comments are 

received, FRA will publish a notice in 

the Federal Register indicating that no 

adverse comment was received and 

confirming that the rule will become 

effective on November 15, 2024. 

2. On page 79768, in the first column, 

correct the first paragraph to read: 

FRA is publishing this rule without a 

prior proposed rule under FRA’s direct 

final rulemaking procedures in 49 CFR 

211.33 because it views this as a 

noncontroversial action that generally 

codifies FRA’s current process for 

accident/incident investigations. Under 

the Administrative Procedure Act 

(APA), an agency may waive the normal 

notice and comment procedures if the 

action is a rule of agency organization, 

procedure, or practice. 5 U.S.C. 

553(b)(3)(A). Additionally, under the 

APA, an agency may waive notice and 

comment procedures when the agency 

for good cause finds that notice and 

public procedure are impracticable, 

unnecessary, or contrary to the public 

interest. 5 U.S.C. 553(b)(3)(B). As noted 

above, this rule would codify FRA’s 

procedures for accident/incident 

investigations and FRA has already 

worked with stakeholders (both labor 

and the rail organizations) to develop 

the Policy Document which is posted on 

FRA’s website. Accordingly, FRA finds 

that notice and comment are 

unnecessary and anticipates no adverse, 

substantive comment on any of the 

provisions of the rule. If FRA receives 

an adverse, substantive comment on any 

of the provisions, it will publish in the 

Federal Register a timely withdrawal, 

informing the public that the direct final 

rule will not take effect. 

3. In the Section-by-Section Analysis, 

on page 79769, in the 2nd column, 

correct the fourth paragraph to read: 

Previous paragraphs (b), (c), (d), (e), 

and (f) remain substantively unchanged 

but are being redesignated as paragraphs 

(a)(2) through (6). 

4. Under Regulatory Impact and 

Notices, on page 79770, correct table 1 

to read as follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 85451 

TABLE 1—TOTAL COSTS OF THE DIRECT FINAL RULE

[2023 Dollars] * 

Year 

Total 

stakeholder 

costs 

Total 

government 

costs 

Total costs Discounted 

7% 

Discounted 

3% 

Discounted 

2% 

1 ......................................................................... $97,922 $19,753 $117,675 $117,675 $117,675 $117,675 

2 ......................................................................... 97,922 10,541 108,463 101,367 105,304 106,336 

3 ......................................................................... 97,922 10,541 108,463 94,736 102,237 104,251 

4 ......................................................................... 97,922 10,541 108,463 88,538 99,259 102,207 

5 ......................................................................... 97,922 10,541 108,463 82,746 96,368 100,203 

6 ......................................................................... 97,922 10,541 108,463 77,333 93,561 98,238 

7 ......................................................................... 97,922 10,541 108,463 72,273 90,836 96,312 

8 ......................................................................... 97,922 10,541 108,463 67,545 88,190 94,424 

9 ......................................................................... 97,922 10,541 108,463 63,126 85,622 92,572 

10 ....................................................................... 97,922 10,541 108,463 58,997 83,128 90,757 

Total ............................................................ 979,220 114,622 1,093,842 824,336 962,180 1,002,975 

Note: This table and some others throughout this analysis may not sum due to rounding. 

* All figures are presented in a 2023 base year unless otherwise noted. 

5. Under Regulatory Impact and 

Notices, on page 79774, correct the 

paragraph before table 13 and the table 

to read as follows: 

Total Costs 

FRA estimates a total 10-year cost of 

$0.9 million (PV, 2 percent) to 

stakeholders for this rule. Table 13 

displays the total costs to stakeholders 

for this final rule. 

TABLE 13—TOTAL 10-YEAR COST TO STAKEHOLDERS

Year Travel Investigation 

participation 

Document 

submission 

Total 

stakeholder 

costs 

Discounted 

7% 

Discounted 

3% 

Discounted 

2% 

1 ....................................................... $29,215 $56,861 $11,846 $97,922 $97,922 $97,922 $97,922 

2 ....................................................... 29,215 56,861 11,846 97,922 91,516 95,070 96,002 

3 ....................................................... 29,215 56,861 11,846 97,922 85,529 92,301 94,120 

4 ....................................................... 29,215 56,861 11,846 97,922 79,934 89,613 92,274 

5 ....................................................... 29,215 56,861 11,846 97,922 74,704 87,002 90,465 

6 ....................................................... 29,215 56,861 11,846 97,922 69,817 84,468 88,691 

7 ....................................................... 29,215 56,861 11,846 97,922 65,250 82,008 86,952 

8 ....................................................... 29,215 56,861 11,846 97,922 60,981 79,620 85,247 

9 ....................................................... 29,215 56,861 11,846 97,922 56,991 77,301 83,575 

10 ..................................................... 29,215 56,861 11,846 97,922 53,263 75,049 81,937 

Total .......................................... 292,150 568,610 118,460 979,220 735,907 860,354 897,185 

6. Under Regulatory Impact and 

Notices, on page 79774, correct the 

paragraph above table 14 and the table 

to read as follows: 

Total Costs 

FRA estimates a total 10-year cost of 

$0.1 million (PV, 2 percent) to FRA for 

this rule. Table 14 displays the total 

costs to FRA for this final rule. 

TABLE 14—TOTAL 10-YEAR COST TO FRA 

Year Notifications Outreach/ 

training 

Documentation 

review 

Document 

sharing site 

Total 

government 

costs 

Discounted 

7% 

Discounted 

3% 

Discounted 

2% 

1 .................................................... $929 $631 $6,311 $11,882 $19,753 $19,753 $19,753 $19,753 

2 .................................................... 929 631 6,311 2,670 10,541 9,851 10,234 10,334 

3 .................................................... 929 631 6,311 2,670 10,541 9,207 9,936 10,132 

4 .................................................... 929 631 6,311 2,670 10,541 8,605 9,647 9,933 

5 .................................................... 929 631 6,311 2,670 10,541 8,042 9,366 9,738 

6 .................................................... 929 631 6,311 2,670 10,541 7,516 9,093 9,547 

7 .................................................... 929 631 6,311 2,670 10,541 7,024 8,828 9,360 

8 .................................................... 929 631 6,311 2,670 10,541 6,564 8,571 9,177 

9 .................................................... 929 631 6,311 2,670 10,541 6,135 8,321 8,997 

10 .................................................. 929 631 6,311 2,670 10,541 5,734 8,079 8,820 

Total ....................................... 9,290 6,310 63,110 35,912 114,622 88,431 101,828 105,791 


lotter on DSK11XQN23PROD with RULES1
85452 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 

7. Under Regulatory Impact and 

Notices, on page 79775, correct the 

paragraph above table 15 and the table 

to read as follows: 

Total Costs 

FRA estimates a total 10-year cost of 

$1.0 million (PV, 2 percent) for this 

direct final rule, shown in Table 15. 

TABLE 15—10-YEAR TOTAL COSTS

Year 

Total 

stakeholder 

costs 

Total 

government 

costs 

Total costs Discounted 

7% 

Discounted 

3% 

Discounted 

2% 

1 ......................................................................... $97,922 $19,753 $117,675 $117,675 $117,675 $117,675 

2 ......................................................................... 97,922 10,541 108,463 101,367 105,304 106,336 

3 ......................................................................... 97,922 10,541 108,463 94,736 102,237 104,251 

4 ......................................................................... 97,922 10,541 108,463 88,538 99,259 102,207 

5 ......................................................................... 97,922 10,541 108,463 82,746 96,368 100,203 

6 ......................................................................... 97,922 10,541 108,463 77,333 93,561 98,238 

7 ......................................................................... 97,922 10,541 108,463 72,273 90,836 96,312 

8 ......................................................................... 97,922 10,541 108,463 67,545 88,190 94,424 

9 ......................................................................... 97,922 10,541 108,463 63,126 85,622 92,572 

10 ....................................................................... 97,922 10,541 108,463 58,997 83,128 90,757 

Total ............................................................ 979,220 114,622 1,093,842 824,336 962,180 1,002,975 

Issued in Washington, DC. 

Allison Ishihara Fultz, 

Chief Counsel, Federal Railroad 

Administration. 

[FR Doc. 2024–24967 Filed 10–25–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193] 

RTID 0648–XE334 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category 

October Through November Fishery 

for 2024 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for Atlantic bluefin 

tuna (BFT) for the remainder of the 

October through November time period. 

The General category may only retain, 

possess, or land large medium and giant 

(i.e., measuring 73 inches (185 

centimeters (cm) curved fork length 

(CFL) or greater) BFT when the fishery 

is open. This action applies to Atlantic 

Tunas General category (commercial) 

permitted vessels and Atlantic highly 

migratory species (HMS) Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT. This 

action also waives the previously 

scheduled restricted-fishing days (RFDs) 

for the remainder of the October through 

November time period. With the RFDs 

waived during the closure, fishermen 

aboard General category permitted 

vessels and HMS Charter/Headboat 

permitted vessels may tag and release 

BFT of all sizes, subject to the 

requirements of catch-and-release and 

tag-and-release programs. On December 

1, 2024, the fishery will reopen 

automatically. 

DATES: Effective 11:30 p.m., local time, 

October 24, 2024, through November 30, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Becky Curtis (becky.curtis@noaa.gov) 

and Larry Redd, Jr. (larry.redd@

noaa.gov) by email or by phone at 301– 

427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

BFT fisheries are managed under the 

2006 Consolidated HMS Fishery 

Management Plan (FMP) and its 

amendments, pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

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

et seq.) and consistent with the Atlantic 

Tunas Convention Act (ATCA; 16 U.S.C. 

971 et seq.). HMS implementing 

regulations are at 50 CFR part 635. 

Section 635.27(a) divides the U.S. BFT 

quota, established by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) and as 

implemented by the United States 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act at 16 U.S.C. 1854(g)(1)(D) to provide 

U.S. fishing vessels with a reasonable 

opportunity to harvest quotas under 

relevant international fishery 

agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

action for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area 

per § 635.27(a)(3)). The General category 

baseline quota is 710.7 mt. The General 

category baseline quota is suballocated 

to different time periods. Relevant to 

this action, the baseline subquota for the 

October through November time period 

is 92.4 mt. Effective October 2, 2024, 

NMFS transferred 100 mt from the 

Reserve category to the General category 

October through November time period, 

resulting in an adjusted October through 

November time period subquota of 

192.4 mt (89 FR 81032, October 7, 

2024). 


lotter on DSK11XQN23PROD with RULES1