52248 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations 

TRANSPORTATION DRUG AND 

ALCOHOL TESTING MIS DATA 

COLLECTION FORM INSTRUCTION 

SHEET’’. 

The revision reads as follows: 

Appendix H to Part 40—DOT Drug and 

Alcohol Testing Management 

Information System (MIS) Data 

Collection Form 

The following form is the MIS Data 

Collection form required for use to report 

calendar year MIS data. 

* * * * * 

Issued in Washington, DC on November 3, 

2017. 

Elaine L. Chao, 

Secretary of Transportation. 

[FR Doc. 2017–24397 Filed 11–9–17; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 121004518–3398–01] 

RIN 0648–XF815 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2017 

Commercial Accountability Measure 

and Closure for Gulf Gray Triggerfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures for commercial 

gray triggerfish in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico (Gulf) through this temporary 

rule. NMFS projects commercial 

landings for gray triggerfish will reach 

the commercial annual catch target 

(ACT)(commercial quota) by November 

18, 2017. Therefore, NMFS is closing 

the commercial sector for gray 

triggerfish in the Gulf EEZ on November 

18, 2017. This closure is necessary to 

protect the gray triggerfish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, November 18, 2017, until 

January 1, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: kelli.odonell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf includes gray 

triggerfish and is managed under the 

Fishery Management Plan for Reef Fish 

Resources of the Gulf (FMP). The FMP 

was prepared by the Gulf Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. All gray triggerfish 

weights discussed in this temporary rule 

are in round weight. 

On August 4, 2008, NMFS established 

gray triggerfish accountability measures 

as well as commercial quotas for gray 

triggerfish through Amendment 30A to 

the FMP (73 FR 38139). On May 9, 2013, 

NMFS issued a final rule to implement 

Amendment 37 to the FMP (78 FR 

27084). In part, Amendment 37 revised 

gray triggerfish commercial annual 

catch limits (ACLs) and ACTS. 

Under 50 CFR 622.41(b)(1), NMFS is 

required to close the commercial sector 

for gray triggerfish when the commercial 

quota is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined that the 

commercial quota for Gulf gray 

triggerfish of 60,900 lb (27,624 kg) will 

be reached by November 18, 2017. 

Accordingly, the commercial sector for 

Gulf gray triggerfish is closed effective 

12:01 a.m., local time, November 18, 

2017, until the start of the next 

commercial fishing season on January 1, 

2018. 

The operator of a vessel with a valid 

commercial vessel permit for Gulf reef 

fish having gray triggerfish onboard 

must have landed and bartered, traded, 

or sold such gray triggerfish prior to 

12:01 a.m., local time, November 18, 

2017. During the closure, the sale or 

purchase of gray triggerfish taken from 

the Gulf EEZ is prohibited. The 

prohibition on the sale or purchase does 

not apply to gray triggerfish that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, November 18, 

2017, and were held in cold storage by 

a dealer or processor. 

The recreational sector for gray 

triggerfish is also closed through 

December 31, 2017. Therefore all 

harvest or possession of gray triggerfish 

is prohibited until the start of the new 

fishing year (50 CFR 622.39(b)). The 

commercial and recreational sectors for 

gray triggerfish will reopen on January 

1, 2018, the beginning of the 2018 gray 

triggerfish fishing year. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of gray triggerfish and the 

Gulf reef fish fishery and is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This action is taken under 50 CFR 

622.41(b)(1) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

NOAA Assistant Administrator for 

Fisheries (AA), finds that the need to 

immediately implement this action to 

close the commercial sector for gray 

triggerfish constitutes good cause to 

waive the requirements to provide prior 

notice and opportunity for public 

comment pursuant to the authority set 

forth in 5 U.S.C. 553(b)(B), as such 

procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

final rule implementing Amendment 37 

(78 FR 27084; May 9, 2013), which 

established the closure provision for 

commercial gray triggerfish, have 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. Such 

procedures are contrary to the public 

interest because of the need to 

immediately implement this action to 

protect gray triggerfish since the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and could 

potentially result in a harvest well in 

excess of the established commercial 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: November 7, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24519 Filed 11–9–17; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSKBBXCHB2PROD with RULES