Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 63059 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. This rule 

requires no information collection. 

National Environmental Policy Act and 

Clean Air Act 

FMCSA analyzed this rule in 

accordance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321, et seq.) and 

FMCSA’s NEPA Implementing 

Procedures and Policy for Considering 

Environmental Impacts, Order 5610.1 

(FMCSA Order), March 1, 2004 (69 FR 

9680). FMCSA’s Order states that 

‘‘[w]here FMCSA has no discretion to 

withhold or condition an action if the 

action is taken in accordance with 

specific statutory criteria and FMCSA 

lacks control and responsibility over the 

effects of an action, that action is not 

subject to this Order.’’ Id. at chapter 

1(D). Because the RHH Act requires the 

action taken here, FMCSA has no 

jurisdiction or control over, or 

responsibility for, the effects of this 

action, and the rulemaking falls under 

chapter 1(D). Therefore, no further 

analysis is considered. 

In addition to the NEPA requirements 

to examine impacts on air quality, the 

Clean Air Act (CAA) as amended (42 

U.S.C. 7401, et seq.) also requires 

FMCSA to analyze the potential impact 

of its actions on air quality and to 

ensure that FMCSA actions conform to 

State and local air quality 

implementation plans. This nondiscretionary action is expected to fall 

within the CAA de minimis standards 

and is not subject to the Environmental 

Protection Agency’s General Conformity 

Rule (40 CFR parts 51 and 93). 

Additionally, FMCSA evaluated the 

effects of this final rule in accordance 

with Executive Order 12898 and 

determined that there are no 

environmental justice issues associated 

with its provisions nor any collective 

environmental impacts resulting from 

its promulgation. Environmental justice 

issues would be raised if there were a 

‘‘disproportionate’’ and ‘‘high and 

adverse impact’’ on minority or lowincome populations. This final rule is 

exempt from analysis under the 

National Environmental Policy Act. 

This final rule simply makes 

ministerial, mandatory changes and 

would not result in high and adverse 

environmental impacts. 

E.O. 13211 (Energy Supply, Distribution, 

or Use) 

FMCSA analyzed this action under 

E.O. 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use. 

FMCSA determined that it is not a 

‘‘significant energy action’’ under that 

E.O. because it is not economically 

significant and is not likely to have an 

adverse effect on the supply, 

distribution, or use of energy. 

E.O. 13175 (Indian Tribal Governments) 

This final rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

National Technology Transfer and 

Advancement Act (Technical 

Standards) 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through OMB, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) are 

standards that are developed or adopted 

by voluntary consensus standards 

bodies. This final rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

List of Subjects in 49 CFR Part 390 

Highway safety, Intermodal 

transportation, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 

FMCSA amends 49 CFR part 390 as 

follows: 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

■ 1. The authority citation for part 390 

is revised to read as follows: 

Authority: 49 U.S.C. 504, 508, 31132, 

31133, 31136, 31144, 31151, 31502; sec. 114, 

Pub. L. 103–311, 108 Stat. 1673, 1677–1678; 

sections 212, 217, 229, Pub. L. 106–159, 113 

Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106– 

159 (as transferred by sec. 4114 and amended 

by sections 4130–4132, Pub. L. 109–59, 119 

Stat. 1144, 1726, 1743–1744); sec. 4136, Pub. 

L. 109–59, 119 Stat 1144, 1745; sections 

32101(d) and 34934, Pub. L. 112–141, 126 

Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 

128 Stat. 1388; and 49 CFR 1.87. 

■ 2. Amend § 390.23 by revising 

paragraph (a)(1)(ii) to read as follows: 

§ 390.23 Relief from regulations. 

(a) * * * 

(1) * * * 

(ii)(A) Except as provided in 

paragraph (a)(1)(ii)(B) of this section and 

§ 390.25, the exemption shall not exceed 

the duration of the motor carrier’s or 

driver’s direct assistance in providing 

emergency relief, or 30 days from the 

date of the initial declaration of the 

emergency or the exemption from the 

regulations by the FMCSA Field 

Administrator, whichever is less. 

(B) If a Governor who declares an 

emergency caused by a shortage of 

residential heating fuel (namely heating 

oil, natural gas, and propane), 

subsequently determines at the end of 

the 30-day period immediately 

following the declaration that the 

emergency shortage has not ended, and 

extends the declaration of an emergency 

for up to 2 additional 30-day periods, 

this exemption shall remain in effect up 

to the end of such additional periods, 

not to exceed 60 additional days, for a 

motor carrier or driver providing 

residential heating fuel in the 

geographic area designated by the 

Governor’s declaration of emergency. 

* * * * * 

Issued under the authority delegated in 49 

CFR 1.87: October 14, 2014. 

T.F. Scott Darling, III 

Acting Administrator. 

[FR Doc. 2014–25127 Filed 10–21–14; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD566 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by Trawl 

Catcher Vessels in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


tkelley on DSK3SPTVN1PROD with RULES
63060 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2014 Pacific cod 

total allowable catch (TAC) apportioned 

to trawl catcher vessels in the Central 

Regulatory Area of the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), October 17, 2014, 

through 2400 hours, A.l.t., December 31, 

2014. 

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. 

The 2014 Pacific cod TAC 

apportioned to trawl catcher vessels in 

the Central Regulatory Area of the GOA 

is 16,230 metric tons (mt), as established 

by the final 2014 and 2015 harvest 

specifications for groundfish of the GOA 

(79 FR 12890, March 6, 2014). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the 2014 Pacific cod 

TAC apportioned to trawl catcher 

vessels in the Central Regulatory Area of 

the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 15,230 mt and is setting 

aside the remaining 1,000 mt as bycatch 

to support other anticipated groundfish 

fisheries. 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 Pacific cod by 

catcher vessels using trawl gear in the 

Central Regulatory Area of the GOA. 

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 

Pacific cod by catcher vessels using 

trawl gear in the Central Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 16, 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. 

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

Dated: October 17, 2014. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2014–25103 Filed 10–17–14; 4:15 pm] 

BILLING CODE 3510–22–P 


tkelley on DSK3SPTVN1PROD with RULES