87798 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 

States. This rule does not constitute a 

major rule as defined in 5 U.S.C. 804(2). 

In accordance with Compliance with 

Pay-As-You-Go Act of 2023 (Fiscal 

Responsibility Act of 2023, Pub. L. 118– 

5, D. B, Title III) and OMB 

Memorandum (M–23–21) dated 

September 1, 2023, the Department has 

determined that this final rule is not 

subject to the Pay-As-You-Go Act of 

2023 because it will not increase direct 

spending beyond specified thresholds. 

List of Subjects in 49 CFR Part 40 

Administrative practice and 

procedures, Alcohol abuse, Alcohol 

testing, Drug abuse, Drug testing, 

Laboratories, Reporting and 

recordkeeping requirements, Safety, 

Transportation. 

For the reasons stated in the 

preamble, DOT amends 49 CFR part 40 

as follows: 

PART 40—PROCEDURES FOR 

TRANSPORTATION WORKPLACE 

DRUG AND ALCOHOL TESTING 

PROGRAMS 

■ 1. The authority citation for Part 40 

continues to read as follows: 

Authority: 49 U.S.C. 102, 301, 322, 5331, 

20140, 31306, and 45101 et seq. 

■ 2. In § 40.33, revise paragraph (c)(2) to 

read as follows: 

§ 40.33 What training requirements must a 

collector meet for urine collection? 

* * * * * 

(c) * * * 

(2) Another person must monitor and 

evaluate your performance, in person or 

by a means that provides real-time 

observation and interaction between the 

instructor and trainee, and attest in 

writing that the mock collections are 

‘‘error-free.’’ This person must be a 

qualified urine collector who has 

demonstrated necessary knowledge, 

skills, and abilities by— 

(i) Regularly conducting DOT urine 

drug test collections for a period of at 

least one year; 

(ii) Conducting urine collector 

training under this part for at least one 

year; or 

(iii) Successfully completing a urine 

‘‘train the trainer’’ course. 

* * * * * 

■ 3. In § 40.35, revise paragraph (c)(2) 

and add paragraph (c)(3) to read as 

follows: 

§ 40.35 What training requirements must a 

collector meet for oral fluid collection? 

* * * * * 

(c) * * * 

(2) Another person must monitor and 

evaluate your performance, in person or 

by a means that provides real-time 

observation and interaction between 

you and the qualified collector, who 

must attest in writing that the mock 

collections are ‘‘error-free.’’ Except as 

provided in paragraph (c)(3) of this 

section, this person must be a qualified 

oral fluid collector who has 

demonstrated necessary knowledge, 

skills, and abilities by— 

(i) Regularly conducting DOT oral 

fluid drug test collections for a period 

of at least one year; 

(ii) Conducting oral fluid collector 

training under this part for at least one 

year; or 

(iii) Successfully completing an oral 

fluid ‘‘train the trainer’’ course. 

(3) As the person monitoring and 

evaluating the collector’s five mock 

collections pursuant to paragraphs (c)(1) 

and (2) of this section, you need not be 

a qualified oral fluid collector to do so 

if you meet the necessary knowledge, 

skills, and abilities in paragraph 

(c)(2)(ii) or (iii) until otherwise specified 

(one year after HHS publishes a Federal 

Register notification of the first certified 

oral fluid drug testing laboratory (HHS 

notification)). Furthermore, the one-year 

requirement in paragraph (c)(2)(ii) is not 

applicable until otherwise specified 

(one year after the HHS notification). 

* * * * * 

■ 4. In § 40.73, add paragraph (a)(1) and 

a reserved paragraph (a)(2) and revise 

paragraph (c)(2) to read as follows: 

§ 40.73 How is an oral fluid specimen 

collected? 

* * * * * 

(a) * * * 

(1) As the oral fluid collector, you 

must not allow any person other than 

you, the employee, or a DOT agency 

representative to actually witness the 

testing process. 

(2) [Reserved] 

* * * * * 

(c) * * * 

(2) The collector must ensure the 

collection is performed correctly (i.e., 

using the oral fluid device in the 

manner described by its manufacturer), 

that the collection device is working 

properly, and that a sufficient specimen 

volume is collected. After the employee 

provides a sufficient specimen, check 

the ‘‘Volume Indicator(s) Observed’’ box 

in Step 2 of the Federal CCF to 

document that you observed the volume 

indicator(s) during the collection. 

* * * * * 

Signed pursuant to authority delegated at 

49 CFR 1.27(c) in Washington, DC. 

Subash Iyer, 

Acting General Counsel. 

[FR Doc. 2024–25403 Filed 11–4–24; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 240304–0068; RTID 0648– 

XE445] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from trawl catcher vessels and from 

catcher vessels greater than or equal to 

60 feet (18.3 meters (m)) length overall 

(LOA) using pot gear to catcher vessels 

less than 60 feet (18.3 m) LOA using 

hook-and-line or pot gear, Amendment 

80 vessels, and catcher/processors using 

hook-and-line gear in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2024 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective October 31, 2024, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Olson, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR parts 600 and 679. 

The 2024 Pacific cod TAC specified 

for trawl catcher vessels in the BSAI is 

28,754 mt as established by the final 

2024 and 2025 harvest specifications for 

groundfish in the BSAI (89 FR 17287, 

March 11, 2024) and reallocations (89 

FR 67327, August 20, 2024 and 89 FR 

79454, September 30, 2024). 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Rules and Regulations 87799 

The 2024 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (18.3 meters (m)) LOA using 

pot gear in the BSAI is 11,620 mt as 

established by the final 2024 and 2025 

harvest specifications for groundfish in 

the BSAI (89 FR 17287, March 11, 

2024). 

The 2024 Pacific cod TAC specified 

for catcher vessels less than 60 feet (18.3 

m) LOA using hook-and-line or pot gear 

in the BSAI is 6,884 metric tons (mt) as 

established by the final 2024 and 2025 

harvest specifications for groundfish in 

the BSAI (89 FR 17287, March 11, 2024) 

and reallocations (89 FR 24736, April 9, 

2024; 89 FR 67327, August 20, 2024; 

and 89 FR 79454 September 30, 2024). 

The 2024 Pacific cod TAC specified 

for Amendment 80 vessels in the BSAI 

is 20,147 mt as established by the final 

2024 and 2025 harvest specification for 

groundfish in the BSAI (89 FR 17287, 

March 11, 2024) and reallocation (89 FR 

75505, September 16, 2024). 

The 2024 Pacific cod TAC specified 

for catcher/processors using hook-andline gear in the BSAI is 67,370 mt as 

established by the final 2024 and 2025 

harvest specifications for groundfish in 

the BSAI (89 FR 17287, March 11, 

2024). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that trawl catcher vessels 

will not be able to harvest 800 mt of the 

2024 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(9) and 

catcher vessels greater than or equal to 

60 feet (18.3 meters (m)) LOA using pot 

gear will not be able to harvest 600 mt 

of the 2024 Pacific cod TAC allocated to 

those vessels under 

§ 679.20(a)(7)(ii)(A)(5). 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

500 mt from trawl catcher vessels and 

600 mt from catcher vessels greater than 

or equal to 60 feet (18.3 meters (m)) 

LOA using pot gear to the annual 

amount specified for catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear, and hook-and-line 

catcher/processors. In accordance with 

§ 679.20(a)(7)(iii)(B), NMFS reallocates 

300 mt from trawl catcher vessels to 

Amendment 80 vessels. 

The harvest specifications for 2024 

Pacific cod included in the final 2024 

and 2025 harvest specifications for 

groundfish in the BSAI (89 FR 17287, 

March 11, 2024) and reallocations (89 

FR 24736, April 9, 2024; 89 FR 67327, 

August 20, 2024; 89 FR 75505, 

September 16, 2024; and 89 FR 79454 

September 30, 2024) are revised as 

follows: 27,954 mt to trawl catcher 

vessels, 11,020 mt to catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA using pot gear, 7,384 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear, 20,447 

mt to Amendment 80 vessels, and 

67,970 mt to catcher/processors using 

hook-and-line gear. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be 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 

allow for harvests that exceed the 

originally specified apportionment of 

the Pacific cod TAC. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 30, 2024. 

The Assistant Administrator for 

Fisheries, NOAA 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. 

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

Dated: October 30, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–25648 Filed 10–31–24; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 240227–0061; RTID 0648– 

XE446] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using trawl gear to 

catcher vessels using hook-and-line gear 

and catcher/processors using hook-andline gear in the Western Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to allow the 2024 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective November 4, 2024, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Adam Zaleski, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA 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 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR parts 600 and 679. 

The 2024 Pacific cod TAC specified 

for catcher vessels using trawl gear in 

the Western Regulatory Area of the GOA 

is 2,268 metric tons (mt), as established 

by the final 2024 and 2025 harvest 

specifications for groundfish in the GOA 

(89 FR 15484, March 4, 2024). 

The 2024 Pacific cod TAC specified 

for catcher vessels using hook-and-line 

gear in the Western Regulatory Area of 

the GOA is 83 mt, as established by the 

final 2024 and 2025 harvest 

specifications for groundfish in the GOA 

(89 FR 15484, March 4, 2024). 

The 2024 Pacific cod TAC specified 

for catcher/processors using hook-andline gear in the Western Regulatory Area 

of the GOA is 1,170 mt, as established 

by the final 2024 and 2025 harvest 

specifications for groundfish in the GOA 

(89 FR 15484, March 4, 2024). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that catcher vessels using 

trawl gear will not be able to harvest 440 

mt of the 2024 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(12)(i)(A)(3). 

Therefore, in accordance with 

§ 679.20(a)(12)(ii)(B), NMFS apportions 

240 mt of Pacific cod from catcher 

vessels using trawl gear to the annual 

amount specified for catcher/processors 

using hook-and-line gear and 200 mt to 

catcher vessels using hook-and-line 

gear. 

The harvest specifications for 2024 

Pacific cod included in the final 2024 

and 2025 harvest specifications for 

groundfish in the Western Regulatory 


ddrumheller on DSK120RN23PROD with RULES1