International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Restrictions and Observer Requirements in Purse Seine Fisheries for 2009-2011, 27216-27217 [2010-11348]
Download as PDF
<![CDATA[
27216
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
22. The authority citation for part 177
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
Interchange for 286,000 lb Gross Rail
Load Cars (IBR; see § 171.7 of this
subchapter). Any increase in weight
above 263,000 pounds may not be used
to increase the quantity of the contents
of the tank car.
23. In § 177.848, revise paragraph (c)
to read as follows:
§ 177.848 Segregation of hazardous
materials.
Issued in Washington, DC on May 7, 2010,
under authority delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2010–11570 Filed 5–13–10; 8:45 am]
■
*
*
*
*
*
(c) In addition to the provisions of
paragraph (d) of this section and except
as provided in § 173.12(e) of this
subchapter, cyanides, cyanide mixtures
or solutions may not be stored, loaded
and transported with acids; Division 4.2
materials may not be stored, loaded and
transported with Class 8 liquids; and
Division 6.1 Packing Group I, Hazard
Zone A material may not be stored,
loaded and transported with Class 3
material, Class 8 liquids, and Division
4.1, 4.2, 4.3, 5.1 or 5.2 material.
*
*
*
*
*
PART 179—SPECIFICATIONS FOR
TANK CARS
24. The authority citation for part 179
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
■
25. Revise § 179.13 to read as follows:
emcdonald on DSK2BSOYB1PROD with RULES
§ 179.13 Tank car capacity and gross
weight limitation.
Except as provided in this section,
tank cars, built after November 30, 1970,
or any existing tank cars that are
converted, may not exceed 34,500
gallons (130,597 L) capacity or 263,000
pounds (119,295 kg) gross weight on
rail.
(a) For other than tank cars containing
poisonous-by-inhalation material, a tank
car may be loaded to a gross weight on
rail of up to 286,000 pounds (129,727
kg) upon approval by the Associate
Administrator for Safety, Federal
Railroad Administration (FRA). Tank
cars must conform to the conditions of
the approval and must be operated only
under controlled interchange conditions
agreed to by participating railroads.
(b) Tank cars containing poisonousby-inhalation material meeting the
applicable authorized tank car
specifications listed in § 173.244(a)(2) or
(3), or § 173.314(c) or (d) may have a
gross weight on rail of up to 286,000
pounds (129,727 kg). Tank cars
exceeding 263,000 pounds and up to
286,000 pounds gross weight on rail
must meet the requirements of AAR
Standard S–286, Free/Unrestricted
VerDate Mar<15>2010
18:03 May 13, 2010
Jkt 220001
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 090130104–91027–02]
RIN 0648–XW12
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing
Restrictions and Observer
Requirements in Purse Seine Fisheries
for 2009–2011
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Rule; announcement of date of
applicability.
SUMMARY: NMFS announces that the
catch retention requirements for U.S.
purse seine fishing vessels operating in
the area of application of the
Convention on the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Convention Area) will be
applicable from 00:00 on June 14, 2010,
Universal Coordinated Time (UTC). In
accordance with regulations, the
requirements will be applicable until
24:00 on December 31, 2011, UTC, or
until nullified by a notification in the
Federal Register. This action is being
taken to implement, for U.S. fishing
vessels, the catch retention measures
adopted by the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC) at its regular annual session in
December 2008. The action will have
the effect of requiring that U.S. purse
seine vessels do not discard any bigeye
tuna, yellowfin tuna, or skipjack tuna at
sea within the Convention Area, except
in certain specified circumstances.
DATES: The date of applicability of 50
CFR 300.223(d) is 00:00 on June 14,
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
2010, UTC, and the requirements of that
paragraph will be applicable until 24:00
on December 31, 2011, UTC, or until
nullified by a notification in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS Pacific Islands Regional
Office, 808–944–2219.
SUPPLEMENTARY INFORMATION:
Regulations at 50 CFR 300.223(d)(1)
provide for NMFS to publish a
notification in the Federal Register
announcing the ‘‘effective date’’ of the
catch retention requirements set forth at
50 CFR 300.223(d)(3), which apply to
U.S. fishing vessels equipped with
purse seine gear operating in the
Convention Area. The phrase ‘‘effective
date’’ as used in 50 CFR 300.223(d) is
synonymous with the ‘‘date of
applicability’’ in this notice of the catch
retention requirements. The term ‘‘date
of applicability’’ is used here to clarify
that the regulation, including 50 CFR
300.223(d)(1), became effective (but not
yet applicable) on August 3, 2009. The
regulations at 50 CFR 300.223(d)
establish the catch retention
requirements adopted by the WCPFC.
The notification by NMFS is to be based
on NMFS’ determination as to whether
an adequate number of WCPFC
observers is available for the purse seine
vessels of all members of the WCPFC as
necessary to ensure compliance by such
vessels with the catch retention
requirements established by the
WCPFC. Based upon information
provided by the WCPFC Secretariat,
NMFS has determined that an adequate
number of WCPFC observers is
currently available for placement aboard
purse seine vessels of all WCPFC
members. Accordingly, NMFS
announces through this document that
the date of applicability of the catch
retention requirements is 00:00 on June
14, 2010, UTC. In accordance with 50
CFR 300.223(d)(3), the requirements
will be applicable until 24:00 on
December 31, 2011, UTC, or until they
are nullified by a notification in the
Federal Register pursuant to 50 CFR
300.223(d)(2).
Further information about the
Convention, the catch retention
requirements established by the
WCPFC, and the basis for the catch
retention requirements for U.S. fishing
vessels set forth at 50 CFR 300.223(d)
can be found in the proposed and final
rules to establish the requirements for
U.S. fishing vessels (74 FR 26160, June
1, 2009; and 74 FR 38544, August 4,
2009; respectively).
E:\FR\FM\14MYR1.SGM
14MYR1
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations
Classification
This action is required by 50 CFR
300.223(d) and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator for
Fisheries finds good cause to waive the
requirement to provide prior notice and
an opportunity for public comment on
this action, as such procedures would
be unnecessary and contrary to the
public interest. Such procedures would
be unnecessary as NMFS provided prior
notice and an opportunity for public
comment on the regulations establishing
the criteria for implementing the catch
retention requirement (proposed rule
published at 74 FR 26160, June 1, 2009,
and final rule published at 74 FR 38544,
August 4, 2009), and all that remains is
to notify the public of the date of
applicability of the requirement. In
addition, prior notice and comment
would be contrary to the public interest
because it would unnecessarily delay
implementation of the catch retention
requirement, an international obligation
of the United States under the
Convention, after a determination that
there is a sufficient number of observers
for placement aboard purse seine
vessels of WCPFC members.
Authority: 16 U.S.C. 6901 et seq.
Dated: May 7, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–11348 Filed 5–13–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 622, 635, 640, and 654
[Docket No. 100510220–0221–01]
RIN 0648–AY90
emcdonald on DSK2BSOYB1PROD with RULES
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Emergency Fisheries Closures in the
Southeast Region Due to the
Deepwater Horizon Oil Spill;
Amendment 2
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule; amendment;
request for comments.
SUMMARY: NMFS issues this emergency
rule to close portions of the Gulf of
VerDate Mar<15>2010
18:03 May 13, 2010
Jkt 220001
Mexico (Gulf), South Atlantic, and
Caribbean exclusive economic zones
(Southeast EEZ) to all fishing as
necessary when new information
becomes available, to respond to the
evolving nature of the Deepwater
Horizon oil spill. The closed portions of
the Southeast EEZ will be updated on a
regular basis and announced to the
public via NOAA Weather Radio,
fishery bulletin, and NOAA Web site
updates. The updated closed area may
also be obtained by calling the NMFS
Southeast Regional Office, Sustainable
Fisheries Division at 727–824–5305.
This rule replaces the existing closure
rule, which became effective May 7,
2010, and will remain in effect until
terminated by subsequent rulemaking,
which will occur once the existing
emergency conditions from the oil spill
no longer exist. Fish and shellfish in oil
affected waters may be contaminated
with levels of hydrocarbons above
baseline levels. The U.S. Food and Drug
Administration (FDA) considers such
seafood to be adulterated. The intent of
this emergency rule is to prohibit the
harvest of adulterated seafood and for
public safety.
DATES: This rule is effective May 11,
2010. Comments may be submitted
through June 10, 2010.
ADDRESSES: You may submit comments
on this rule, identified by ‘‘0648–AY90’’
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal: https://
www.regulations.gov.
• Fax: 727–824–5308; Attention:
Anik Clemens.
• Mail: Anik Clemens, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
Instructions: No comments will be
posted for public viewing until after the
comment period. All comments
received are a part of the public record
and will generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
To submit comments through the
Federal e-Rulemaking Portal: https://
www.regulations.gov, enter ‘‘NOAA–
NMFS–2010–0103’’ in the keyword
search, then select ‘‘Send a Comment or
Submission.’’ NMFS will accept
anonymous comments (enter N/A in the
required fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
27217
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the environmental
assessment, which includes a finding of
no significant impact, may be obtained
from Cynthia Meyer, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701–5505;
telephone: 727–824–5305; e-mail:
cynthia.meyer@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Anik Clemens, telephone: 727–824–
5305, fax: 727–824–5308, e-mail:
anik.clemens@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) provides the
legal authority for the promulgation of
emergency regulations under section
305(c).
Background
NMFS responded to the April 20,
2010 Deepwater Horizon oil spill by
closing a portion of the Gulf EEZ to all
fishing through an emergency rule
effective May 2, 2010 (75 FR 24822, May
6, 2010). The closure covered an area of
the Gulf approximately 6,817 square
miles (17,655 square km), or 3 percent
of the total area of the Gulf EEZ. Oil
continued to leak from the Deepwater
Horizon incident at a rate of
approximately 5,000 barrels (210,000
gallons, or 794,936.5 liters) per day. Due
to the evolving nature of the oil spill,
NMFS revised the closed area in a
second emergency rule that became
effective May 7, 2010 and will publish
May 12, 2010. This second emergency
rule closed an area of the Gulf
approximately 10,807 square miles
(27,989 square km), or 4.5 percent of the
total area of the Gulf EEZ, therefore,
95.5 percent of the Gulf remains open.
Need for This Emergency Rule
The oil spill continues to shift
locations in the Gulf of Mexico and
could reach South Atlantic and/or
Caribbean Federal waters. Wind speed
and direction, currents, waves, and
other weather patterns lead to changes
in oil location. As the weather
conditions controlling the movement of
the oil change, the oil could move in
directions not initially predicted. This
emergency rule allows NMFS to make
more timely revisions to the area closed
to all fishing. This will become
necessary as new information on the
location of the Deepwater Horizon oil
spill becomes available. Continuing to
follow the process of revising the closed
area through publication of successive
emergency rules does not allow for
timely modification of the closure and
E:\FR\FM\14MYR1.SGM
14MYR1
]]>Agencies
[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27216-27217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11348]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 090130104-91027-02]
RIN 0648-XW12
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fishing Restrictions and Observer
Requirements in Purse Seine Fisheries for 2009-2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Rule; announcement of date of applicability.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the catch retention requirements for U.S.
purse seine fishing vessels operating in the area of application of the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Convention Area) will
be applicable from 00:00 on June 14, 2010, Universal Coordinated Time
(UTC). In accordance with regulations, the requirements will be
applicable until 24:00 on December 31, 2011, UTC, or until nullified by
a notification in the Federal Register. This action is being taken to
implement, for U.S. fishing vessels, the catch retention measures
adopted by the Commission for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC)
at its regular annual session in December 2008. The action will have
the effect of requiring that U.S. purse seine vessels do not discard
any bigeye tuna, yellowfin tuna, or skipjack tuna at sea within the
Convention Area, except in certain specified circumstances.
DATES: The date of applicability of 50 CFR 300.223(d) is 00:00 on June
14, 2010, UTC, and the requirements of that paragraph will be
applicable until 24:00 on December 31, 2011, UTC, or until nullified by
a notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands
Regional Office, 808-944-2219.
SUPPLEMENTARY INFORMATION: Regulations at 50 CFR 300.223(d)(1) provide
for NMFS to publish a notification in the Federal Register announcing
the ``effective date'' of the catch retention requirements set forth at
50 CFR 300.223(d)(3), which apply to U.S. fishing vessels equipped with
purse seine gear operating in the Convention Area. The phrase
``effective date'' as used in 50 CFR 300.223(d) is synonymous with the
``date of applicability'' in this notice of the catch retention
requirements. The term ``date of applicability'' is used here to
clarify that the regulation, including 50 CFR 300.223(d)(1), became
effective (but not yet applicable) on August 3, 2009. The regulations
at 50 CFR 300.223(d) establish the catch retention requirements adopted
by the WCPFC. The notification by NMFS is to be based on NMFS'
determination as to whether an adequate number of WCPFC observers is
available for the purse seine vessels of all members of the WCPFC as
necessary to ensure compliance by such vessels with the catch retention
requirements established by the WCPFC. Based upon information provided
by the WCPFC Secretariat, NMFS has determined that an adequate number
of WCPFC observers is currently available for placement aboard purse
seine vessels of all WCPFC members. Accordingly, NMFS announces through
this document that the date of applicability of the catch retention
requirements is 00:00 on June 14, 2010, UTC. In accordance with 50 CFR
300.223(d)(3), the requirements will be applicable until 24:00 on
December 31, 2011, UTC, or until they are nullified by a notification
in the Federal Register pursuant to 50 CFR 300.223(d)(2).
Further information about the Convention, the catch retention
requirements established by the WCPFC, and the basis for the catch
retention requirements for U.S. fishing vessels set forth at 50 CFR
300.223(d) can be found in the proposed and final rules to establish
the requirements for U.S. fishing vessels (74 FR 26160, June 1, 2009;
and 74 FR 38544, August 4, 2009; respectively).
[[Page 27217]]
Classification
This action is required by 50 CFR 300.223(d) and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
for Fisheries finds good cause to waive the requirement to provide
prior notice and an opportunity for public comment on this action, as
such procedures would be unnecessary and contrary to the public
interest. Such procedures would be unnecessary as NMFS provided prior
notice and an opportunity for public comment on the regulations
establishing the criteria for implementing the catch retention
requirement (proposed rule published at 74 FR 26160, June 1, 2009, and
final rule published at 74 FR 38544, August 4, 2009), and all that
remains is to notify the public of the date of applicability of the
requirement. In addition, prior notice and comment would be contrary to
the public interest because it would unnecessarily delay implementation
of the catch retention requirement, an international obligation of the
United States under the Convention, after a determination that there is
a sufficient number of observers for placement aboard purse seine
vessels of WCPFC members.
Authority: 16 U.S.C. 6901 et seq.
Dated: May 7, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-11348 Filed 5-13-10; 8:45 am]
BILLING CODE 3510-22-P
