Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6459 

notification of reports of Airborne 

Collision Avoidance System (ACAS) 

resolution advisories issued either (i) 

when an aircraft is being operated on an 

instrument flight rules (IFR) flight plan 

and compliance with the advisory is 

necessary to avert a substantial risk of 

collision between two or more aircraft, 

or (ii) to an aircraft operating in class A 

airspace. 75 FR 922 (Jan. 7, 2010). 

In collecting such reports since 2010, 

the NTSB has determined it no longer 

needs reports of ACAS resolution 

advisories issued to an aircraft operating 

in class A airspace. This final rule 

confirms the NTSB will now only 

require reports of such resolution 

advisories when an aircraft operating on 

an IFR flight plan my comply with the 

advisory in order to avert a substantial 

risk of collision between two or more 

aircraft. As a result, pursuant to its 

regulations governing rulemaking, the 

NTSB issued a direct final rule to 

amend 49 CFR 830.5(a)(10), as described 

above. 80 FR 77586 (Dec. 15, 2015). 

In addition to the removal of a portion 

of section 830.5(a)(10), the NTSB also 

amended a footnote that accompanies 

the first paragraph of section 830.5. The 

footnote previously contained outdated 

contact information for NTSB regional 

offices. The NTSB has updated this 

footnote to refer the public to 

www.ntsb.gov or the NTSB Response 

Operations Center at 844–373–9922 or 

202–314–6290, should the operators 

need to contact the NTSB to inform the 

agency of an accident or incident. This 

document confirms both the change to 

section 830.5(a)(10) and the updated 

text of the footnote. 

The NTSB’s rule on the direct final 

rulemaking procedure, codified at 49 

CFR 800.44, states a direct final rule 

makes changes to a regulation which 

will take effect on a certain date unless 

the NTSB receives an adverse comment 

or a notice of intent to file an adverse 

comment. Id. § 800.44(d). Section 

800.44 also defines ‘‘adverse comment’’ 

for purposes of the direct final 

rulemaking procedure. Comments on 

the NTSB’s change to section 

830.5(a)(10) and the updated footnote 

accompanying section 830.5 were due 

by January 14, 2016. The NTSB did not 

receive any comments. Therefore, as 

indicated in the direct final rule, the 

changes will become effective on 

February 16, 2016. 

Legal Analyses and Effective Date 

This final rule is not a significant 

regulatory action under Executive Order 

12866, ‘‘Regulatory Planning and 

Review.’’ Therefore, Executive Order 

12866 does not require a Regulatory 

Assessment, and the Office of 

Management and Budget (OMB) has not 

reviewed this proposed rule under 

Executive Order 12866. 

This rule does not require an analysis 

under the Unfunded Mandates Reform 

Act, 2 United States Code (U.S.C.) 1501– 

1571, or the National Environmental 

Policy Act, 42 U.S.C. 4321–4347. The 

NTSB has also analyzed these 

amendments in accordance with the 

principles and criteria contained in 

Executive Order 13132, ‘‘Federalism.’’ 

This final rule does not contain any 

regulations that would: (1) Have a 

substantial direct effect on the states, 

the relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government; (2) impose 

substantial direct compliance costs on 

state and local governments; or (3) 

preempt state law. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The NTSB is also aware that the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) requires each agency to review 

its rulemaking to assess the potential 

impact on small entities, unless the 

agency determines a rule is not expected 

to have a significant economic impact 

on a substantial number of small 

entities. The NTSB certifies this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Regarding other Executive Orders and 

statutory provisions, this final rule also 

complies with all applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, ‘‘Civil Justice Reform,’’ to 

minimize litigation, eliminate 

ambiguity, and reduce burden. In 

addition, the NTSB has evaluated this 

rule under: Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’; Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’; Executive Order 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’; Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’; 

and the National Technology Transfer 

and Advancement Act, 15 U.S.C. 272 

note. The NTSB has concluded this rule 

does not contravene any of the 

requirements set forth in these 

Executive Orders or statutes, nor does it 

prompt further consideration with 

regard to such requirements. 

List of Subjects in 49 CFR Part 830 

Aircraft accidents, Aircraft incidents, 

Aviation safety, Overdue aircraft 

notification and reporting, Reporting 

and recordkeeping requirements. 

Dated: February 3, 2016. 

Christopher A. Hart, 

Chairman. 

[FR Doc. 2016–02413 Filed 2–5–16; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 141021887–5172–02] 

RIN 0648–XE429 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Directed Fishing With 

Trawl Gear by Fisheries Act Catcher 

Processors in Bycatch Limitation Zone 

1 of the Bering Sea and Aleutian 

Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing with trawl gear, other than 

pelagic trawl gear for walleye pollock, 

by American Fisheries Act (AFA) trawl 

catcher processors in Bycatch 

Limitation Zone 1 of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the sideboard limit of 

the 2016 bycatch allowance of red king 

crab in Zone 1 specified for AFA trawl 

catcher processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 3, 2016, though 

2400 hrs, A.l.t., December 31, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

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. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The sideboard limit of the 2016 

bycatch allowance of red king crab in 

Zone 1 specified for the AFA trawl 

catcher processors in the BSAI is 606 

crab as established by the final 2015 and 


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6460 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

2016 harvest specifications for 

groundfish in the BSAI (80 FR 11919, 

March 5, 2015). 

In accordance with § 679.64(a)(2) and 

(3), the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the sideboard limit of 

red king crab in Zone 1 specified for the 

AFA catcher processors in the BSAI will 

be caught. Therefore, NMFS is 

prohibiting directed fishing with trawl 

gear in Zone 1, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors in the BSAI. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

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 

delay the closure of directed fishing 

with trawl gear, other than pelagic trawl 

gear for walleye pollock, by AFA trawl 

catcher processors in Zone 1 of the 

BSAI. NMFS was unable to publish a 

notification providing time for public 

comment because the most recent, 

relevant data only became available as 

of February 1, 2016. 

The AA 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. 

This action is required by § 679.21 

and is exempt from review under 

Executive Order 12866. 

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

Dated: February 3, 2016. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2016–02391 Filed 2–3–16; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 140918791–4999–02] 

RIN 0648–XE426 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Trawl Gear 

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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher/

processors using trawl gear in the 

Western Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to fully use the A season allowance of 

the 2016 total allowable catch 

apportioned to catcher/processors using 

trawl gear in the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), February 4, 2016, 

through 1200 hours, A.l.t., June 10, 

2016. Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., February 23, 2016. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0118, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0118, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. 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 www.regulations.gov 

without change. All personal identifying 

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

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). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

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 MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

NMFS closed directed fishing for 

Pacific cod by catcher/processors using 

trawl gear in the Western Regulatory 

Area of the GOA under 

§ 679.20(d)(1)(iii) on January 1, 2016 

pursuant to the final 2015 and 2016 

harvest specifications for groundfish of 

the Gulf of Alaska (80 FR 10250, 

February 25, 2015) and inseason 

adjustment (81 FR 188, January 5, 2016). 

NMFS has determined that as of 

February 1, 2016, approximately 200 

metric tons of Pacific cod remain in the 

A season allowance of the 2016 Pacific 

cod apportionment for catcher/

processors using trawl gear in the 

Western Regulatory Area of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully use the 2016 

total allowable catch (TAC) of Pacific 

cod in the Western Regulatory Area of 

the GOA, NMFS is terminating the 

previous closure and is opening 

directed fishing for Pacific cod by 

catcher/processors using trawl gear in 

the Western Regulatory Area of the 

GOA. The Administrator, Alaska 

Region, NMFS, (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) The current 

catch of Pacific cod by catcher/

processors using trawl gear in the 

Western Regulatory Area of the GOA 

and, (2) the harvest capacity and stated 

intent on future harvesting patterns of 

vessels in participating in this fishery. 

Classification 

This action responds to the best 

available information recently obtained 


asabaliauskas on DSK5VPTVN1PROD with RULES