Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area, 38430-38431 [2010-16196]

Download as PDF 38430 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency determined that it is not a significant energy action within the meaning of section 4(b) of the Executive Order and will not likely have a significant adverse effect on the supply, distribution, or use of energy. Therefore, the Agency has determined that a Statement of Energy Effects is not required. Executive Order 12988 (Civil Justice Reform) The FMCSA has determined that this final rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Privacy Impact Assessment The FMCSA conducted a privacy impact assessment of this final rule as required by section 522(a)(5) of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005, Public Law 108–447, div. H, 118 Stat. 2809, 3268, (December 8, 2004) [set out as a note to 5 U.S.C. 552a]. The assessment considered any impacts of the final rule on the privacy of information in an identifiable form and related matters. FMCSA determined this final rule contains no privacy impacts. Executive Order 13045 (Protection of Children) The FMCSA analyzed this final rule under Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks.’’ The Agency determined that this final rule will not cause any environmental risk to health or safety that may disproportionately affect children. erowe on DSK5CLS3C1PROD with RULES Executive Order 13175 (Tribal Consultation) The FMCSA analyzed this action under Executive Order 13175, dated November 6, 2000, and determined that this final rule will not have substantial direct effects on one or more Indian tribes; will not impose substantial compliance costs on Indian tribal governments; and will not preempt tribal law. Therefore, a tribal summary impact statement will not be required. List of Subjects in 49 CFR Part 387 Buses, Freight, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Intergovernmental relations, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting VerDate Mar<15>2010 15:09 Jul 01, 2010 Jkt 220001 and recordkeeping requirements, Surety bonds. IV. The Final Rule For the reasons stated in the preamble, FMCSA amends 49 CFR part 387 in title 49, Code of Federal Regulations, chapter III, subchapter B, as follows: ■ PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 1. The authority citation for part 387 continues to read as follows: ■ Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and 31139; and 49 CFR 1.73. 2. Amend § 387.11 to add paragraph (d) to read as follows: ■ § 387.11 agent. State authority and designation of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the carrier operates. 5. Amend § 387.409 to add paragraph (d) to read as follows: ■ § 387.409 Insurance and surety companies. * * * * * (d) In the Province or Territory of Canada in which a Canadian freight forwarder has its principal place of business or domicile, and will designate in writing upon request by FMCSA, a person upon whom process, issued by or under the authority of a court of competent jurisdiction, may be served in any proceeding at law or equity brought in any State in which the freight forwarder operates. * * * * (d) A Canadian insurance company legally authorized to issue a policy of insurance in the Province or Territory of Canada in which the Canadian motor carrier has its principal place of business or domicile, and that is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction over the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. ■ 3. Amend § 387.35 to add paragraph (d) to read as follows: Issued on: June 18, 2010. Anne S. Ferro, Administrator. § 387.35 agent. Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area * State authority and designation of * * * * * (d) A Canadian insurance company legally authorized to issue a policy of insurance in the Province or Territory of Canada in which a Canadian motor carrier has its principal place of business or domicile, and that is willing to designate a person upon whom process, issued by or under the authority of any court having jurisdiction over the subject matter, may be served in any proceeding at law or equity brought in any State in which the motor carrier operates. 4.Amend § 387.315 to add paragraph (d) to read as follows: ■ § 387.315 Insurance and surety companies. * * * * * (d) In the Province or Territory of Canada in which a Canadian motor carrier has its principal place of business or domicile, and will designate in writing upon request by FMCSA, a person upon whom process, issued by or under the authority of a court of PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 [FR Doc. 2010–16009 Filed 7–1–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XX19 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; apportionment of reserves; request for comments. SUMMARY: NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of Greenland turbot in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow fishing operations to continue. It is intended to promote the goals and objectives of the fishery management plan for the BSAI. DATES: Effective July 1, 2010 through 2400 hrs, Alaska local time, December 31, 2010. Comments must be received at the following address no later than 4:30 p.m., Alaska local time, July 16, 2010. ADDRESSES: Send comments to Sue Salveson, Assistant Regional E:\FR\FM\02JYR1.SGM 02JYR1 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations erowe on DSK5CLS3C1PROD with RULES Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648XX19, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: (907) 586–7557. • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. 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, WordPerfect, or Adobe portable document file (pdf) formats only. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 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 VerDate Mar<15>2010 15:09 Jul 01, 2010 Jkt 220001 appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2010 initial total allowable catch (ITAC) of Greenland turbot in the Aleutian Islands subarea was established as 1,615 metric tons (mt) by the final 2010 and 2011 harvest specifications for groundfish of the BSAI (75 FR 11788, March 12, 2010). In accordance with § 679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has reviewed the most current available data and finds that the ITAC for Greenland turbot in the Aleutian Islands subarea needs to be supplemented from the non-specified reserve in order to promote efficiency in the utilization of fishery resources in the BSAI and allow fishing operations to continue. Therefore, in accordance with § 679.20(b)(3), NMFS apportions from the non-specified reserve of groundfish 285 mt to the Greenland turbot ITAC in the Aleutian Islands subarea. This apportionment is consistent with § 679.20(b)(1)(i) and does not result in overfishing of a target species because the revised ITAC is equal to or less than the specifications of the acceptable biological catch in the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11788, March 12, 2010). The harvest specification for the 2010 Greenland turbot ITAC included in the harvest specifications for groundfish in the BSAI is revised as follows: 1,900 mt for Greenland turbot in the Aleutian Islands subarea. 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 Frm 00041 Fmt 4700 opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and § 679.20(b)(3)(iii)(A) as such a 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 apportionment of the non-specified reserves of groundfish to the Greenland turbot fishery in the Aleutian Islands subarea. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet and processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of June 28, 2010. 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. Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES) until July 16, 2010. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801, et seq. Classification PO 00000 38431 Sfmt 9990 Dated: June 29, 2010. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–16196 Filed 7–1–10; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38430-38431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XX19


Fisheries of the Exclusive Economic Zone Off Alaska; Greenland 
Turbot in the Aleutian Islands 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; apportionment of reserves; request for 
comments.

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SUMMARY:  NMFS apportions amounts of the non-specified reserve to the 
initial total allowable catch of Greenland turbot in the Aleutian 
Islands subarea of the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow fishing operations to 
continue. It is intended to promote the goals and objectives of the 
fishery management plan for the BSAI.

DATES:  Effective July 1, 2010 through 2400 hrs, Alaska local time, 
December 31, 2010. Comments must be received at the following address 
no later than 4:30 p.m., Alaska local time, July 16, 2010.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional

[[Page 38431]]

Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XX19, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
Confidential Business Information or otherwise sensitive or protected 
information.
    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, WordPerfect, or 
Adobe portable document file (pdf) formats only.

FOR FURTHER INFORMATION CONTACT:  Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
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.
    The 2010 initial total allowable catch (ITAC) of Greenland turbot 
in the Aleutian Islands subarea was established as 1,615 metric tons 
(mt) by the final 2010 and 2011 harvest specifications for groundfish 
of the BSAI (75 FR 11788, March 12, 2010). In accordance with Sec.  
679.20(a)(3) the Regional Administrator, Alaska Region, NMFS, has 
reviewed the most current available data and finds that the ITAC for 
Greenland turbot in the Aleutian Islands subarea needs to be 
supplemented from the non-specified reserve in order to promote 
efficiency in the utilization of fishery resources in the BSAI and 
allow fishing operations to continue.
    Therefore, in accordance with Sec.  679.20(b)(3), NMFS apportions 
from the non-specified reserve of groundfish 285 mt to the Greenland 
turbot ITAC in the Aleutian Islands subarea. This apportionment is 
consistent with Sec.  679.20(b)(1)(i) and does not result in 
overfishing of a target species because the revised ITAC is equal to or 
less than the specifications of the acceptable biological catch in the 
final 2010 and 2011 harvest specifications for groundfish in the BSAI 
(75 FR 11788, March 12, 2010).
    The harvest specification for the 2010 Greenland turbot ITAC 
included in the harvest specifications for groundfish in the BSAI is 
revised as follows: 1,900 mt for Greenland turbot in the Aleutian 
Islands subarea.

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) and Sec.  679.20(b)(3)(iii)(A) as such a 
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 apportionment of the non-specified 
reserves of groundfish to the Greenland turbot fishery in the Aleutian 
Islands subarea. Immediate notification is necessary to allow for the 
orderly conduct and efficient operation of this fishery, to allow the 
industry to plan for the fishing season, and to avoid potential 
disruption to the fishing fleet and processors. NMFS was unable to 
publish a notice providing time for public comment because the most 
recent, relevant data only became available as of June 28, 2010.
    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.
    Under Sec.  679.20(b)(3)(iii), interested persons are invited to 
submit written comments on this action (see ADDRESSES) until July 16, 
2010.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

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

    Dated: June 29, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-16196 Filed 7-1-10; 8:45 am]
BILLING CODE 3510-22-S