Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30181

1The ICC Termination Act of 1995, Pub. L. No.

104–88, 109 Stat. 803 (the ICCTA), which was

enacted on December 29, 1995, and took effect on

January 1, 1996, abolished the Interstate Commerce

Commission (ICC or Commission) and transferred

certain functions and proceedings to the Surface

Transportation Board (Board). While section

204(b)(1) of the ICCTA provides, in general, that

proceedings pending before the ICC on the effective

date of that legislation shall be decided under the

law in effect prior to January 1, 1996, insofar as they

involve functions retained by the ICCTA, the action

at issue here, the adoption of new rules with

application to future transportation and future tariff

filings, necessitates analysis under the new law,

and, therefore, this document applies the law in

effect after enactment of the ICCTA. Citations are

to the current sections of the statute, unless

otherwise indicated. This document relates to a

proceeding that was pending with the ICC prior to

January 1, 1996, and to functions that are subject

to Board jurisdiction pursuant to 49 U.S.C. 13701–

02 and 13521.

(5) Impacts on the quality of the

natural and social environments.

(d) The Associate Administrator or

Chief Counsel may return a petition that

does not comply with the requirements

of this section, accompanied by a

written statement indicating the

deficiencies in the petition.

§ 106.33 [Amended]

5. Section 106.33 is amended by

replacing the word ‘‘Administrator’’

with the words ‘‘Associate

Administrator or the Chief Counsel’’

wherever it appears.

6. Section 106.33, paragraph (d) is

revised to read as follows:

§ 106.33 Processing of Petition.

* * * * *

(d) Notification. The Associate

Administrator or the Chief Counsel will

notify a petitioner, in writing, of his

decision to grant or deny a petition for

rulemaking.

7. In § 106.35, the first sentence of

paragraph (a) is revised to read as

follows:

§ 106.35 Petitions for reconsideration.

(a) Except as provided in § 106.39(d),

any interested person may petition the

Associate Administrator for

reconsideration of any regulation issued

under this part, or may petition the

Chief Counsel for reconsideration of any

procedural regulation issued under this

part and contained in this part or in Part

107 of this Chapter. * * *

* * * * *

§ 106.35 [Amended]

8. In addition, in § 106.35, paragraphs

(b), (c), and (d), the word

‘‘Administrator’’ is amended to read

‘‘Associate Administrator or the Chief

Counsel’’ wherever it appears.

§ 106.37 [Amended]

9. In § 106.37, the word

‘‘Administrator’’ is amended to read

‘‘Associate Administrator or the Chief

Counsel’’ wherever it appears.

10. Part 106 is amended by adding a

new § 106.38 to read as follows:

§ 106.38 Appeals.

(a) Any interested person may appeal

a decision of the Associate

Administrator or the Chief Counsel,

issued under § 106.33 or § 106.37, to the

Administrator.

(b) An appeal must be received within

20 days of service of written notice to

petitioner of the Associate

Administrator’s or the Chief Counsel’s

decision, or within 20 days from the

date of publication of the decision in the

Federal Register, and should set forth

the contested aspects of the decision as

well as any new arguments or

information.

(c) It is requested, but not required,

that three copies of the appeal be

submitted to the Administrator.

(d) Unless the Administrator

otherwise provides, the filing of an

appeal under this section does not stay

the effectiveness of any rule.

11. Part 106 is amended by adding a

new § 106.39 to read as follows:

§ 106.39 Direct final rulemaking.

(a) Where practicable, the

Administrator will use direct final

rulemaking to issue the following types

of rules:

(1) Minor, substantive changes to

regulations;

(2) Incorporation by reference of the

latest edition of technical or industry

standards;

(3) Extensions of compliance dates;

and

(4) Other noncontroversial rules

where the Administrator determines

that use of direct final rulemaking is in

the public interest, and that a regulation

is unlikely to result in adverse

comment.

(b) The direct final rule will state an

effective date. The direct final rule will

also state that unless an adverse

comment or notice of intent to file an

adverse comment is received within the

specified comment period, generally 60

days after publication of the direct final

rule in the Federal Register, the

Administrator will issue a confirmation

document, generally within 15 days

after the close of the comment period,

advising the public that the direct final

rule will either become effective on the

date stated in the direct final rule or at

least 30 days after the publication date

of the confirmation document,

whichever is later.

(c) For purposes of this section, an

adverse comment is one which explains

why the rule would be inappropriate,

including a challenge to the rule’s

underlying premise or approach, or

would be ineffective or unacceptable

without a change. Comments that are

frivolous or insubstantial will not be

considered adverse under this

procedure. A comment recommending a

rule change in addition to the rule will

not be considered an adverse comment,

unless the commenter states why the

rule would be ineffective without the

additional change.

(d) Only parties who filed comments

to a direct final rule issued under this

section may petition under § 106.35 for

reconsideration of that direct final rule.

(e) If an adverse comment or notice of

intent to file an adverse comment is

received, a timely document will be

published in the Federal Register

advising the public and withdrawing

the direct final rule in whole or in part.

The Administrator may then incorporate

the adverse comment into a subsequent

direct final rule or may publish a notice

of proposed rulemaking. A notice of

proposed rulemaking will provide an

opportunity for public comment,

generally a minimum of 60 days, and

will be processed in accordance with

§§ 106.11–106.29.

Issued in Washington, D.C. on May 31,

1996, under the authority delegated in 49

CFR part 1.53 and RSPA Order 1100.2A (May

19, 1992).

Kelley S. Coyner,

Deputy Administrator.

[FR Doc. 96–14371 Filed 6–13–96; 8:45 am]

BILLING CODE 4910–60–P

Surface Transportation Board 1

49 CFR Part 1312

[Ex Parte No. MC–220]

The Municipality of Anchorage, AK—

Notices for Rate Increases for Alaska

Intermodal Motor/Water Traffic;

Petition for Rulemaking

AGENCY: Surface Transportation Board.

ACTION: Final rule.

SUMMARY: The Board is adopting a

change in its regulations to require

carriers filing new short-notice

publications to send the filings to the

subscriber not later than the time the

copies for official filing are sent to the

Board (unless the subscriber agrees in

advance in writing that the publication

may be sent to the subscriber within 5

working days after the time the copies

are sent to the Board). This change will

give subscribers earlier notice before the

new rate goes into effect.

EFFECTIVE DATE: The final rule is

effective July 14, 1996.
30182 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Joseph H. Dettmar, (202) 927–5660.

[TDD for the hearing impaired: (202)

927–5721.]

SUPPLEMENTARY INFORMATION: The

Commission instituted a rulemaking

proceeding (60 FR 39143, August 1,

1995) in response to a petition filed May

25, 1994, by the Municipality of

Anchorage, AK. Petitioner requested,

inter alia, that short notice increase

publications for intermodal motor/water

service to and from Alaska be sent to

subscribers the same day the filings are

sent to the Commission [Board]. The full

text of the new regulation is set forth

below. The Board is requiring that short

notice publications, including (1) short

notice publications involving all

noncontiguous domestic trade traffic,

and not only the intermodal Alaska

trade; and (2) rate decreases as well as

increases, generally be sent to

subscribers on the date the publications

are sent to the Board for filing.

Additional information is contained

in the Board’s decision. To obtain a

copy of the full decision, write to, call,

or pick up in person from: DC NEWS &

DATA, INC., Room 2229, 1201

Constitution Avenue, N.W.,

Washington, DC 20423. Telephone:

(202) 289–4357/4359. [Assistance for

the hearing impaired is available

through TDD services (202) 927–5721.]

Regulatory Flexibility Analysis

We certify that the new regulation

will not have a significant economic

impact on a substantial number of small

entities within the meaning of the

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

et seq.) because the rule affects only the

mailing date for notification.

Environmental and Energy

Considerations

The rule will not significantly affect

either the quality of the human

environment or the conservation of

energy resources because the proposal

merely changes time frames for notice.

We conclude that an environmental

assessment is not necessary under our

regulations because the proposed action

would not result in changes in carrier

operations that exceed the thresholds

established in our regulations. See 49

CFR 1105.6(c)(2).

List of Subjects in 49 CFR Part 1312

Freight forwarders, Maritime carriers,

Motor carriers, Moving of household

goods, Pipelines.

Decided: May 29, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, and Commissioner

Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, title 49, chapter X, part 1312

is amended as follows:

PART 1312—REGULATIONS FOR THE

PUBLICATION, POSTING AND FILING

OF TARIFFS, SCHEDULES AND

RELATED DOCUMENTS OF MOTOR,

PIPELINE AND WATER CARRIERS,

AND HOUSEHOLD GOODS FREIGHT

FORWARDERS

1. The authority citation for part 1312

is revised to read as follows:

Authority: 5 U.S.C. 553; 49 U.S.C. 721,

13701, 13702, and 13521.

2. Section 1312.6, paragraph (b)(2) is

revised to read as follows:

§ 1312.6 Furnishing copies of tariff

publications.

* * * * *

(b) * * *

(2) Newly-issued tariffs, supplements,

or loose-leaf pages, including shortnotice publications, shall be sent to each

subscriber not later than the time the

copies for official filing are sent to the

Board, except that with the advance,

written permission of the subscriber,

any publication may be sent not later

than 5 working days after the time the

copies are sent to the Board.

* * * * *

[FR Doc. 96–15161 Filed 6–13–96; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 060596A]

Atlantic Tuna Fisheries; Bluefin Tuna

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Bluefin tuna catch limit

adjustment.

SUMMARY: NMFS takes this inseason

action to reopen the Angling category

fishery for large school and small

medium Atlantic Bluefin Tuna (ABT)

and to adjust daily catch limits for the

Angling category fishery to one fish per

angler, which may be from the school or

large school size class, and, in addition,

one fish per vessel from the small

medium size class ABT. This action is

being taken to lengthen the fishing

season and ensure reasonable fishing

opportunities in all geographic areas

without risking overharvest of this

category.

EFFECTIVE DATE: The daily catch limit

adjustment is effective June 18, 1996,

through December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

William Hogarth, 301–713–2347.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285.

Implementing regulations for the

Atlantic tuna fisheries at § 285.24 allow

for inseason adjustments to the daily

catch limits in order to lengthen the

fishing season and ensure reasonable

fishing opportunities for all geographic

areas. The Assistant Administrator for

Fisheries, NOAA, may increase or

reduce the per-angler catch limit for any

size class bluefin tuna or may change

the per-angler limit to a per-boat limit

or a per-boat limit to a per-angler limit.

The 1996 quota of ABT allocated to

the Angling category has been adjusted

to 243 metric tons (mt) by a final rule

effective June 18, 1996. The portion of

this recreational catch that may be taken

in large school and small medium ABT

is 100 mt. As of June 5, 1996,

preliminary estimates of recreational

fishery landings of ABT between 47

inches (119 cm) and 73 inches (185 cm)

total 60 mt. Due to earlier projections on

ABT catch by this fishing category, the

daily catch limit for ABT was set at one

fish per vessel per day (61 FR 8223,

March 4, 1996), and subsequently, the

fishery for large school and small

medium ABT was closed (61 FR 11336,

March 20, 1996).

With the adjusted quota for the

Angling category and the revised catch

estimates, sufficient quota remains to

exercise the regulatory authority for

inseason adjustments to reopen the large

school/small medium category. In

addition, the daily catch limit for ABT

is adjusted to one fish per angler, which

may be from the school or large school

size class, and one small medium size

class ABT may be landed per vessel.

Fishing for, retention, possessing, or

landing large medium or giant ABT by

vessels in the Angling category or

Charter/Headboat category was

previously closed (61 FR 8223, March 4,

1996) to prevent overharvest of the

quota established for that category. This