27906 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

with an event recorder located

elsewhere than the lead locomotive

provided that such event recorder

monitors and records the required data

as though it were located in the lead

locomotive.

(b) Response to defective equipment.

A locomotive on which the event

recorder has been taken out of service as

provided in paragraph (c) of this section

may remain as the lead locomotive only

until the next calendar-day inspection.

A locomotive with an inoperative event

recorder is not deemed to be in

improper condition, unsafe to operate,

or a non-complying locomotive under

§§ 229.7 and 229.9, and notwithstanding

any other requirements in this chapter,

inspection, maintenance, and testing of

event recorders is limited to the

requirements set forth in § 229.25(e).

(c) Removal from service. A railroad

may remove an event recorder from

service and, if a railroad knows that an

event recorder is not monitoring or

recording the data specified in

§ 229.5(g), shall remove the event

recorder from service. When a railroad

removes an event recorder from service,

a qualified person shall cause to be

recorded the date the device was

removed from service on Form FRA

F6180–49A, under the REMARKS

section. An event recorder designed to

allow the locomotive to assume the lead

position only if the recorder is properly

functioning is not required to have its

removal from service noted on Form

FRA F6180–49A.

(d) Preserving accident data. For the

purposes of this section, the term ‘‘event

recorder’’ includes all locomotivemounted recording devices designed to

record information concerning the

functioning of a locomotive or train

regardless of whether the device meets

the definition of ‘‘event recorder’’ in

§ 229.5.

(1) Accidents required to be reported

to the Federal Railroad Administration.

If any locomotive equipped with an

event recorder is involved in an

accident that is required to be reported

to FRA, the railroad using the

locomotive shall, to the extent possible,

and to the extent consistent with the

safety of life and property, preserve the

data recorded by the device for analysis

by FRA. This preservation requirement

permits the railroad to extract and

analyze such data; provided the original

or a first-order accurate copy of the data

shall be retained in secure custody and

shall not be utilized for analysis or any

other purpose except by direction of

FRA or the National Transportation

Safety Board. This preservation

requirement shall expire 30 days after

the date of the accident unless FRA or

the Board notifies the railroad in writing

that the data are desired for analysis.

(2) Relationship to other laws.

Nothing in this section is intended to

alter the legal authority of law

enforcement officials investigating

potential violation[s] of State criminal

law[s] and nothing in this chapter is

intended to alter in any way the priority

of National Transportation Safety Board

investigations under 49 U.S.C. 1131 and

1134, nor the authority of the Secretary

of Transportation to investigate railroad

accidents under 49 U.S.C. 5121, 5122,

20107, 20111, 20112, 20505, 20702,

20703, and 20902.

* * * * *

Issued in Washington, D.C., on May 19,

1995.

Jolene M. Molitoris,

Administrator.

[FR Doc. 95–12963 Filed 5–25–95; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 950206038–5038–01; I.D.

051595E]

Summer Flounder Fishery;

Adjustments to 1995 State Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notification of commercial

quota adjustment.

SUMMARY: NMFS announces

adjustments to the commercial quota for

the 1995 summer flounder fishery. This

action complies with regulations

implementing the Fishery Management

Plan for the Summer Flounder Fishery

(FMP), which require that annual quota

overages landed in any state be

deducted from that state’s quota for the

following year. The public is advised

that a quota adjustment has been made

and is informed of the revised state

quotas. The Director, Northeast Region,

NMFS (Regional Director), has also

determined that there is no Federal

summer flounder quota available for

those coastal states that did not receive

a portion of the annual commercial

summer flounder quota. Vessels issued

a Federal moratorium permit for the

summer flounder fishery may not land

summer flounder in these states.

EFFECTIVE DATE: May 22, 1995.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

2 to the FMP are found at 50 CFR part

625 (57 FR 57358, December 4, 1992).

The regulations require annual

specification of a commercial quota that

is apportioned among the Atlantic

coastal states from North Carolina

through Maine. The process to set the

annual commercial quota and the

percent allocated to each state is

described in § 625.20. The commercial

summer flounder quota for the 1995

calendar year, adopted to ensure

achievement of the appropriate fishing

mortality rate of 0.53 for 1995, is set to

equal 14,690,407 lb (6.7 million kg) (60

FR 8958, February 16, 1995).

Section 625.20(d)(2) provides that all

landings for sale in a state shall be

applied against that state’s annual

commercial quota. Any landings in

excess of the state’s quota will be

deducted from that state’s annual quota

for the following year. Based on dealer

reports and other available information,

NMFS has determined that the States of

Massachusetts and Rhode Island have

exceeded their 1994 quota by 17,707 lb

(8.8 kg) and 60,670 lb (27.4 kg),

respectively. The remaining States of

Maine, New Hampshire, Connecticut,

New Jersey, New York, Delaware,

Maryland, and North Carolina did not

exceed their 1994 quotas. A complete

summary of quota adjustments for 1995

is in Table 1.

The Commonwealth of Virginia

collects landings data from the summer

flounder fishery conducted in its waters,

and the landings for the fourth quarter

of 1994 have not yet been compiled. If

those final figures result in landings in

excess of the 1994 quota, a further

adjustment will be required and a

notification will be published in the

Federal Register.
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27907

TABLE 1—ADJUSTED 1995 COMMERCIAL QUOTA FOR THE SUMMER FLOUNDER FISHERY

1994 quota

(lb)

1994 landings

(lb)

1994 overage

(lb)

Initial 1995

quota

(lb)

Adjusted 1995 quota

(lb) (kg)

ME .................................................................................... 7,463 4,857 ................... 6,987 6,987 3,169

NH ..................................................................................... 74 ................... ................... 67 67 30

MA .................................................................................... 1,031,194 1,048,901 17,707 1,001,953 984,246

6,446

RI ...................................................................................... 2,510,149 2,570,819 60,670 2,303,894 2,243,224 1,017,526

CT ..................................................................................... 384,247 370,413 ................... 331,574 331,574 150,399

NY ..................................................................................... 1,423,943 1,270,012 ................... 1,123,374 1,123,374 509,554

NJ ..................................................................................... 2,510,745 2,413,761 ................... 2,456,969 2,456,969 1,114,462

DE ..................................................................................... 4,681 3,635 ................... 2,614 2,614 1,186

MD .................................................................................... 273,117 160,380 ................... 299,551 299,551 135,874

VA ..................................................................................... 3,240,192 3,100,801 ................... 3,131,519 3,131,519 1,420,433

NC ..................................................................................... 4,216,993 3,571,188 ................... 4,031,905 4,031,905 1,828,841

This notification also announces the

Regional Director’s determination that

no quota is available for those coastal

states that did not receive a distribution

from the annual commercial summer

flounder quota. The Regional Director’s

determination triggers the summer

flounder moratorium permit condition

that owners of federally permitted

vessel agree not to land summer

flounder in any state that did not

receive any part of the annual

commercial summer flounder quota.

The purpose of this condition is to aid

in maintaining the integrity of the

overall quota, which is set to achieve a

specific mortality reduction goal, as

state quotas are filled.

Historically, measurable landings of

summer flounder have occurred only in

those coastal states from North Carolina

northward to Maine. These are the states

that have received distributions from

the annual commercial summer

flounder quota. Recent reports,

however, indicate that harvesters intend

to land summer flounder in other states,

such as South Carolina, in response to

the closures of Virginia and North

Carolina to landings of summer

flounder. States other than those

specified in Table 1 do not have any

available summer flounder quota

because they did not receive a share of

the annual commercial quota. Therefore,

vessels with a Federal summer flounder

moratorium permit may not land

summer flounder in these states.

This notification serves to trigger the

permit condition that prevents vessels

that are issued a Federal summer

flounder moratorium permit from

landing summer flounder in any state

that has no commercial summer

flounder quota.

Classification

This action is required by 50 CFR part

625 and is exempt from review under

E.O. 12866.

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

Dated: May 22, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–12935 Filed 5–22–95; 4:58 pm]

BILLING CODE 3510–22–W