62052 Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 

■ 9. Revise the definitions of Order and 

Payor in § 4.903 to read as follows: 

§ 4.903 What definitions apply to this 

subpart? 

* * * * * 

Order means any document or portion 

of a document issued by ONRR or a 

delegated State that contains mandatory 

or ordering language regarding any 

monetary or nonmonetary obligation 

under any Federal oil and gas lease or 

leases. 

(1) Order includes: 

(i) An order to pay (Order to Pay) or 

to compute and pay (Order to Perform 

a Restructured Accounting); and 

(ii) An ONRR or delegated State 

decision to deny a lessee’s, designee’s, 

or payor’s written request that asserts an 

obligation due the lessee, designee, or 

payor. 

(2) Order does not include: 

(i) A non-binding request, 

information, or guidance, such as: 

(A) Advice or guidance on how to 

report or pay, including valuation 

determination, unless it contains 

mandatory or ordering language; and 

(B) A policy determination; 

(ii) A subpoena; 

(iii) An order to pay that ONRR issues 

to a refiner or other person involved in 

disposition of royalty taken in kind; or 

(iv) A Notice of Noncompliance or a 

Notice of Civil Penalty issued under 30 

U.S.C. 1719 and 30 CFR part 1241, or a 

decision of an administrative law judge 

or of the IBLA following a hearing on 

the record on a Notice of 

Noncompliance or Notice of Civil 

Penalty. 

(v) A ‘‘Dear Payor,’’ ‘‘Dear Operator,’’ 

or ‘‘Dear Reporter’’ letter unless it 

explicitly includes the right to appeal in 

writing; or 

(vi) Any correspondence that does not 

include the right to appeal in writing. 

* * * * * 

Payor means any person responsible 

for reporting and paying royalties for 

Federal oil and gas leases. 

■ 10. Revise § 4.904 to read as follows: 

§ 4.904 When does my appeal commence 

and end? 

For purposes of the period in which 

the Department must issue a final 

decision in your appeal under § 4.906: 

(a) Your appeal commences on the 

date ONRR receives your Notice of 

Appeal. 

(b) Your appeal ends on the same day 

of the 33rd calendar month after your 

appeal commenced under paragraph (a) 

of this section, plus the number of days 

of any applicable time extensions under 

§ 4.909 or 30 CFR 1290.109. If the 33rd 

calendar month after your appeal 

commenced does not have the same day 

of the month as the day of the month 

your appeal commenced, then the initial 

33-month period ends on the last day of 

the 33rd calendar month. 

■ 11. Amend § 4.906 by revising 

paragraph (b)(3) to read as follows: 

§ 4.906 What if the Department does not 

issue a decision by the date my appeal 

ends? 

* * * * * 

(b) * * * 

(3) If the ONRR Director issues an 

order or a decision in your appeal, and 

if you do not appeal the Director’s order 

or decision to IBLA within the time 

required under 30 CFR part 1290, then 

the ONRR Director’s order or decision is 

the final decision of the Department and 

30 U.S.C. 1724(h)(2) has no application. 

* * * * * 

[FR Doc. 2014–24305 Filed 10–15–14; 8:45 am] 

BILLING CODE 4310–T2–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD557 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Greenland Turbot in 

the Bering Sea Subarea 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 for non-CDQ Greenland turbot in 

the Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2014 Greenland 

turbot initial total allowable catch 

(ITAC) in the Bering Sea subarea of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 12, 2014, through 

2400 hrs, A.l.t., December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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. 

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 2014 Greenland turbot ITAC in 

the Bering Sea subarea of the BSAI is 

1,410 metric tons (mt) as established by 

the final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014). In 

accordance with § 679.20(d)(1)(i) and 

(ii)(B), the Administrator, Alaska 

Region, NMFS, has determined that the 

2014 Greenland turbot ITAC in the 

Bering Sea subarea of the BSAI will be 

needed as incidental catch to support 

other groundfish fisheries. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 0 mt, and is setting aside 

the remaining 1,410 mt as incidental 

catch. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Greenland turbot in 

the Bering Sea subarea of the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 directed fishing closure of 

Greenland turbot in the Bering Sea 

subarea of the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 9, 2014. 

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 § 679.20 

and is exempt from review under 

Executive Order 12866. 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 200 / Thursday, October 16, 2014 / Rules and Regulations 62053 

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

Dated: October 10, 2014. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–24621 Filed 10–10–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD544 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea Subarea 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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch in the 

Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area. 

This action is necessary to fully use the 

2014 total allowable catch of Pacific 

ocean perch specified for the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 15, 2014, through 

1200 hrs, A.l.t., December 31, 2014. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 31, 2014. 

ADDRESSES: You may submit comments 

on this document, identified by FDMS 

Docket Number 2013–0152 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-2013- 

0152, 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. 

• Fax: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Fax comments to 907– 

586–7557. 

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, etc.), 

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: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands 

management area (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. 

NMFS closed the directed fishery for 

Pacific ocean perch (POP) in the Bering 

Sea subarea of the BSAI under 

§ 679.20(d)(1)(iii) (79 FR 12108, March 

4, 2014). 

NMFS has determined that 

approximately 4,500 metric tons of POP 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2014 total allowable catch of POP in the 

Bering Sea subarea of the BSAI, NMFS 

is terminating the previous closure and 

is opening directed fishing for POP in 

Bering Sea subarea of the BSAI, effective 

1200 hrs, A.l.t., October 15, 2014, 

through 1200 hrs, A.l.t., December 31, 

2014. This will enhance the 

socioeconomic well-being of harvesters 

dependent on POP in this area. 

The Administrator, Alaska Region 

considered the following factors in 

reaching this decision: (1) The current 

catch of POP in the BSAI and, (2) the 

harvest capacity and stated intent on 

future harvesting patterns of vessels 

participating in this fishery. 

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 opening of POP directed 

fishing in the Bering Sea subarea of the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 11, 2014. 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

POP in the Bering Sea subarea of the 

BSAI to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

October 31, 2014. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 10, 2014. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–24620 Filed 10–10–14; 4:15 pm] 

BILLING CODE 3510–22–P 


rmajette on DSK2VPTVN1PROD with RULES