Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon MC252 Oil Spill; Amendment 4, 76300-76302 [2010-30870]
Download as PDF
<![CDATA[
76300
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations
United States or Canada, or provide
predominantly domestic components.
V. Paperwork Reduction Act
This final rule does not impose any
new or modified reporting,
recordkeeping, or information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. Revise section 225.7009–2 to read
as follows:
■
225.7009–2
Restriction.
(a) Do not acquire ball and roller
bearings unless—
(1) The bearings are manufactured in
the United States or Canada; and
(2) For each ball or roller bearing, the
cost of the bearing components mined,
produced, or manufactured in the
United States or Canada exceeds 50
percent of the total cost of the bearing
components of that ball or roller
bearing.
(b) The restriction at 225.7003–2 may
also apply to bearings that are made
from specialty metals, such as high
carbon chrome steel (bearing steel).
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
jlentini on DSKJ8SOYB1PROD with RULES
BILLING CODE 5001–08–P
50 CFR Part 622
[Docket No. 100510220–0598–05]
RIN 0648–AY90
252.225–7016 Restriction on Acquisition
of Ball and Roller Bearings.
As prescribed in 225.7009–5, use the
following clause:
RESTRICTION ON ACQUISITION OF BALL
AND ROLLER BEARINGS (DEC 2010)
(a) Definitions. As used in this clause—
Jkt 223001
[FR Doc. 2010–30670 Filed 12–7–10; 8:45 am]
National Oceanic and Atmospheric
Administration
3. Section 252.212–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(DEC 2010)’’; and
■ b. In paragraph (b)(10) by removing
‘‘(MAR 2006)’’ and adding in its place
‘‘(DEC 2010)’’.
■ 4. Revise section 252.225–7016 to
read as follows:
17:00 Dec 07, 2010
(End of clause)
DEPARTMENT OF COMMERCE
■
VerDate Mar<15>2010
(1) Bearing component means the bearing
element, retainer, inner race, or outer race.
(2) Component, other than a bearing
component, means any item supplied to the
Government as part of an end product or of
another component.
(3) End product means supplies delivered
under a line item of this contract.
(b) Except as provided in paragraph (c) of
this clause—
(1) Each ball and roller bearing delivered
under this contract shall be manufactured in
the United States, its outlying areas, or
Canada; and
(2) For each ball or roller bearing, the cost
of the bearing components mined, produced,
or manufactured in the United States, its
outlying areas, or Canada shall exceed 50
percent of the total cost of the bearing
components of that ball or roller bearing.
(c) The restriction in paragraph (b) of this
clause does not apply to ball or roller
bearings that are acquired as—
(1) Commercial components of a
noncommercial end product; or
(2) Commercial or noncommercial
components of a commercial component of a
noncommercial end product.
(d) The restriction in paragraph (b) of this
clause may be waived upon request from the
Contractor in accordance with subsection
225.7009–4 of the Defense Federal
Acquisition Regulation Supplement.
(e) If this contract includes DFARS clause
252.225–7009, Restriction on Acquisition of
Certain Articles Containing Specialty Metals,
all bearings that contain specialty metals, as
defined in that clause, must meet the
requirements of that clause.
(f) The Contractor shall insert the
substance of this clause, including this
paragraph (f), in all subcontracts, except
those for—
(1) Commercial items; or
(2) Items that do not contain ball or roller
bearings.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Emergency Fisheries Closure in the
Gulf of Mexico Due to the Deepwater
Horizon MC252 Oil Spill; Amendment 4
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary emergency rule;
request for comments.
AGENCY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
NMFS issues this temporary
emergency rule to prohibit royal red
shrimp fishing in a specific area of the
Gulf of Mexico (Gulf) exclusive
economic zone (EEZ), in response to a
fishery interaction of the Gulf shrimp
fishery with sub-surface oil byproducts
from the Deepwater Horizon MC252 oil
spill. This temporary emergency rule
supersedes the temporary emergency
rule published December 1, 2010 (75 FR
74648) and will remain in effect for 60
days. The intended effect of this
temporary emergency rule is to assure
seafood safety and consumer confidence
in Gulf seafood.
DATES: This rule is effective December 3,
2010, through 12:01 a.m., local time,
February 2, 2011. Comments may be
submitted through January 2, 2011.
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–2010–0244’’ 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
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the environmental
assessment, signed on June 17, 2010,
may be obtained from Susan Gerhart,
Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL
33701–5505; telephone: 727–824–5305;
e-mail: Susan.Gerhart@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Anik Clemens, telephone: 727–824–
5305, fax: 727–824–5308; e-mail:
anik.clemens@noaa.gov.
SUMMARY:
E:\FR\FM\08DER1.SGM
08DER1
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations
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).
SUPPLEMENTARY INFORMATION:
jlentini on DSKJ8SOYB1PROD with RULES
Background
NMFS responded to the April 20,
2010, Deepwater Horizon MC252 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). Oil continued to leak from
the Deepwater Horizon MC252 site and
the spatial and temporal location of the
oil in the Gulf EEZ continued to change.
NMFS revised the closed area in a
second emergency rule that became
effective May 7, 2010 (75 FR 26679, May
12, 2010). The dynamic situation
regarding the Deepwater Horizon
MC252 oil spill required a method to
respond rapidly to changing conditions.
Delaying the announcement of the new
fishery closed area could have led to the
possible harvest of adulterated seafood
products. Therefore, NMFS issued a
third emergency rule, effective May 11,
2010 (75 FR 27217, May 14, 2010), that
allowed NMFS to revise the closed area
as needed (on a daily or weekly basis)
and announce the revised closed area
via NOAA Weather Radio, Fishery
Bulletin, and NOAA Web site updates,
without the need to announce the new
closure boundary coordinates in the
Federal Register.
with sub-surface oil, tar, or oil
byproducts. In the same temporary
emergency rule, NMFS closed a specific
area of the Gulf to royal red shrimp
fishing only, adjacent to the area
currently closed to all fishing in
response to an interaction by the Gulf
shrimp fishery, which occurred
approximately 22 miles (35 km) from
the Deepwater Horizon MC252 well
head, where a royal red shrimp trawl
vessel caught a large quantity of tar balls
in its trawl net. The area closed to royal
red shrimp fishing only included the
location where the interaction occurred,
the area where the majority of royal red
shrimp fishing effort occurred, and the
area where the majority of the in situ
burns occurred after the Deepwater
Horizon MC252 incident. The tar balls
found in the royal red shrimp trawl net
are believed to be the result of burn
residue from the in situ burns that
occurred in close proximity to the well
head. The temporary emergency rule
that published on December 1, 2010,
became effective on November 24, 2010
and expires on December 4, 2010.
Need for This Temporary Emergency
Rule
76301
in an attempt to determine if they
originated from the Deepwater Horizon
MC252 incident.
NMFS is not aware of interactions of
any Gulf fishery, other than the royal
red shrimp component of the Gulf
shrimp fishery, with tar balls or other
sub-surface oil byproducts. The penaeid
(brown, white, and pink shrimp) shrimp
trawl component of the Gulf shrimp
fishery occurs in shallower waters
rather than in the vicinity of the in situ
burn sites. Other deepwater fishing
activities occur in the area, but bottom
trawling is not used in those fishing
activities. Trawls move across the
bottom, collecting shrimp and other
items. For this reason, tar balls and
other potential oil byproducts are likely
to be collected and intermingled with
the shrimp catch. Therefore, NMFS will
continue to sample the shrimp and
other seafood in and around the area
currently closed to royal red shrimp
fishing to ensure the seafood is not
adulterated.
The public may obtain the boundary
coordinates for the area closed to all
fishing by listening to NOAA Weather
Radio, visiting the Southeast Regional
Office Web site: https://
sero.nmfs.noaa.gov/, reading the emailed or posted Fishery Bulletins,
reading a tweet that the closed area has
been revised, or by calling the
Deepwater Horizon MC252 oil spill
hotline number (1–800–627–6622) to
listen to a recorded message of the
updated boundary coordinates. To
improve public outreach, the fishery
bulletins and the recorded messages are
also available in Spanish and
Vietnamese.
The current area closed to all fishing
related to the Deepwater Horizon
MC252 oil spill, as of November 15,
2010, is bounded by rhumb lines
connecting, in order, the following
coordinates:
This temporary emergency rule
supersedes the temporary emergency
rule published December 1, 2010 (75 FR
74648). This rule restores the regulatory
text relating to the procedures for
implementing future fishery closures
related to the Deepwater Horizon
MC252 oil spill, promulgated through
rulemaking, published May 14, 2010 (75
Fr 27217). Through this temporary
emergency rule, NMFS is prohibiting
royal red shrimp fishing in the area of
the Gulf EEZ identified in the December
1, 2010 temporary emergency rule (also
found in the second table below), for 60
days. This is a precautionary action to
assure seafood safety and consumer
confidence in Gulf seafood while NMFS
further investigates the deepwater area
where the royal red shrimp component
of the Gulf shrimp fishery is
concentrated. Specifically, NMFS will
sample in and around the area of the
Gulf where the interaction occurred to
determine the extent of the tar balls.
NMFS is concerned about seafood
interactions with oil, tar, and oil
byproducts. The FDA considers seafood
that has interacted with oil, tar, or oil
byproducts to be adulterated. NMFS
will continue to analyze the tar balls
found in the area close to the well head
In addition to the area closed to all
fishing, the area closed to royal red
shrimp fishing only continues to be
bounded by rhumb lines connecting, in
order, the following coordinates:
Point
North lat.
West long.
A ........................................................................
B ........................................................................
29°30’ ...............................................................
29°30′ ...............................................................
Closing and Reopening Areas Affected
by the Oil Spill
The third emergency rule also
identified a procedure for reopening
closed areas. Closed areas may be
reopened if NMFS has determined that
oil from the Deepwater Horizon MC252
oil spill has never been in those areas.
Closed areas may also be reopened if
NMFS has determined that fish and
other marine species within the closed
area meet Food and Drug
Administration (FDA) standards for
public health and wholesomeness. The
procedures did not address fishery
interactions with sub-surface oil, tar, or
oil byproducts.
The temporary emergency rule
published December 1, 2010 (75 FR
74648) revised the NMFS procedure by
allowing for timely adjustment of the
closed area of the Gulf as applied to
royal red shrimp fishing in response to
interactions of the Gulf shrimp fishery
VerDate Mar<15>2010
17:00 Dec 07, 2010
Jkt 223001
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
Point
A
B
C
D
A
North lat.
..........
..........
..........
..........
..........
29°00′
29°00′
28°30′
28°30′
29°00′
...............
...............
...............
...............
...............
LA State/EEZ boundary.
87°30′.
E:\FR\FM\08DER1.SGM
08DER1
West long.
88°30′.
88°00′.
88°00′.
88°30′.
88°30′.
76302
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations
Point
North lat.
C ........................................................................
D ........................................................................
E ........................................................................
F .........................................................................
G ........................................................................
From point G follow the state/EEZ boundary
back to point A.
A ........................................................................
29°00′ ...............................................................
29°00′ ...............................................................
28°30′ ...............................................................
28°30′ ...............................................................
LA State/EEZ boundary ...................................
87°30′.
88°30′.
88°30′.
89°00′.
89°00′.
29°30′ ...............................................................
LA State/EEZ boundary.
This rule will remain in effect for 60
days.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553 or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable.
DEPARTMENT OF COMMERCE
List of Subject in 50 CFR Part 622
[Docket No. 100622276–0569–02]
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
RIN 0648–AY98
jlentini on DSKJ8SOYB1PROD with RULES
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c).
This rulemaking is a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866. The Department
of Commerce has notified the Office of
Management and Budget Office of
Information and Regulatory Affairs
(OMB/OIRA) under section 6(a)(3)(D) of
the Executive Order, and OMB/OIRA
agrees, that NOAA is promulgating this
action in an emergency situation and
that normal Executive Order review is
not practicable at this time. For this
reason, OMB/OIRA has not reviewed
this notice under EO 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. Prior notice and the
opportunity for public comment would
be impracticable and contrary to the
public interest, as delaying this action is
a seafood safety concern and could
result in compromised seafood products
reaching the public. This temporary
emergency rule prohibits royal red
shrimp fishing in the area of the Gulf
EEZ identified in a temporary
emergency rule published December 1,
2010 (75 FR 74648) and supersedes that
temporary emergency rule. NMFS will
continue to investigate the deepwater
area where the majority of the royal red
shrimp fishing effort occurs by sampling
the area for tar balls, to determine tar
ball distribution across the area and to
determine if the tar balls originated from
the Deepwater Horizon MC252 incident.
NMFS is concerned that seafood may
have interacted with the tar balls. The
FDA considers such seafood to be
adulterated. This temporary emergency
rule is necessary to prevent the harvest
of adulterated seafood products.
For the reasons stated above, the AA
also finds good cause to waive the 30day delay in effective date of this rule
under 5 U.S.C 553(d)(3).
VerDate Mar<15>2010
18:16 Dec 07, 2010
Jkt 223001
West long.
Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
■
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.34, paragraph (w) is added
to read as follows:
■
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(w) Gulf EEZ area closure related to
Deepwater Horizon oil spill. Effective
December 3, 2010, all fishing is
prohibited in the portion of the Gulf
EEZ identified in the map shown on the
NMFS Web site: https://sero.nmfs.noaa.
gov/deepwater_horizon_oil_spill.htm.
[FR Doc. 2010–30870 Filed 12–3–10; 4:15 pm]
BILLING CODE 3510–22–P
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
National Oceanic and Atmospheric
Administration
50 CFR Part 635
Atlantic Highly Migratory Species;
2011 Commercial Fishing Season and
Adaptive Management Measures for
the Atlantic Shark Fishery
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
This final rule establishes
opening dates and adjusts quotas for the
2011 fishing season for sandbar sharks,
non-sandbar large coastal sharks (LCS),
blacknose shark, non-blacknose small
coastal shark (SCS), blue sharks,
porbeagle sharks, and pelagic sharks
(other than porbeagle or blue sharks)
based on any over- and/or
underharvests experienced during the
2009 and 2010 Atlantic commercial
shark fishing seasons. NMFS is taking
this action to establish the 2011
adjusted fishing quotas and to open the
commercial fishing seasons for the
Atlantic sandbar shark, non-sandbar
LCS, blacknose shark, non-blacknose
SCS, and pelagic shark fisheries based
on over- and underharvests from the
2009 and 2010 fishing season. This
action is expected to affect commercial
shark fishermen in the Atlantic and Gulf
of Mexico regions. In addition to
establishing opening dates and adjusting
annual quotas, this final rule
implements adaptive management
measures, including flexible opening
dates for the fishing season, as well as
inseason adjustments to shark trip
limits, to provide flexibility in
management in the furtherance of
equitable fishing opportunities, to the
extent practicable, for commercial shark
fishermen in all regions and areas.
These actions are expected to affect
SUMMARY:
E:\FR\FM\08DER1.SGM
08DER1
]]>Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76300-76302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30870]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100510220-0598-05]
RIN 0648-AY90
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater
Horizon MC252 Oil Spill; Amendment 4
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary emergency rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this temporary emergency rule to prohibit royal
red shrimp fishing in a specific area of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ), in response to a fishery interaction of
the Gulf shrimp fishery with sub-surface oil byproducts from the
Deepwater Horizon MC252 oil spill. This temporary emergency rule
supersedes the temporary emergency rule published December 1, 2010 (75
FR 74648) and will remain in effect for 60 days. The intended effect of
this temporary emergency rule is to assure seafood safety and consumer
confidence in Gulf seafood.
DATES: This rule is effective December 3, 2010, through 12:01 a.m.,
local time, February 2, 2011. Comments may be submitted through January
2, 2011.
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-2010-0244'' 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
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the environmental assessment, signed on June 17, 2010,
may be obtained from Susan Gerhart, Southeast Regional Office, NMFS,
263 13th Avenue South, St. Petersburg, FL 33701-5505; telephone: 727-
824-5305; e-mail: Susan.Gerhart@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Anik Clemens, telephone: 727-824-5305,
fax: 727-824-5308; e-mail: anik.clemens@noaa.gov.
[[Page 76301]]
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 MC252 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). Oil
continued to leak from the Deepwater Horizon MC252 site and the spatial
and temporal location of the oil in the Gulf EEZ continued to change.
NMFS revised the closed area in a second emergency rule that became
effective May 7, 2010 (75 FR 26679, May 12, 2010). The dynamic
situation regarding the Deepwater Horizon MC252 oil spill required a
method to respond rapidly to changing conditions. Delaying the
announcement of the new fishery closed area could have led to the
possible harvest of adulterated seafood products. Therefore, NMFS
issued a third emergency rule, effective May 11, 2010 (75 FR 27217, May
14, 2010), that allowed NMFS to revise the closed area as needed (on a
daily or weekly basis) and announce the revised closed area via NOAA
Weather Radio, Fishery Bulletin, and NOAA Web site updates, without the
need to announce the new closure boundary coordinates in the Federal
Register.
Closing and Reopening Areas Affected by the Oil Spill
The third emergency rule also identified a procedure for reopening
closed areas. Closed areas may be reopened if NMFS has determined that
oil from the Deepwater Horizon MC252 oil spill has never been in those
areas. Closed areas may also be reopened if NMFS has determined that
fish and other marine species within the closed area meet Food and Drug
Administration (FDA) standards for public health and wholesomeness. The
procedures did not address fishery interactions with sub-surface oil,
tar, or oil byproducts.
The temporary emergency rule published December 1, 2010 (75 FR
74648) revised the NMFS procedure by allowing for timely adjustment of
the closed area of the Gulf as applied to royal red shrimp fishing in
response to interactions of the Gulf shrimp fishery with sub-surface
oil, tar, or oil byproducts. In the same temporary emergency rule, NMFS
closed a specific area of the Gulf to royal red shrimp fishing only,
adjacent to the area currently closed to all fishing in response to an
interaction by the Gulf shrimp fishery, which occurred approximately 22
miles (35 km) from the Deepwater Horizon MC252 well head, where a royal
red shrimp trawl vessel caught a large quantity of tar balls in its
trawl net. The area closed to royal red shrimp fishing only included
the location where the interaction occurred, the area where the
majority of royal red shrimp fishing effort occurred, and the area
where the majority of the in situ burns occurred after the Deepwater
Horizon MC252 incident. The tar balls found in the royal red shrimp
trawl net are believed to be the result of burn residue from the in
situ burns that occurred in close proximity to the well head. The
temporary emergency rule that published on December 1, 2010, became
effective on November 24, 2010 and expires on December 4, 2010.
Need for This Temporary Emergency Rule
This temporary emergency rule supersedes the temporary emergency
rule published December 1, 2010 (75 FR 74648). This rule restores the
regulatory text relating to the procedures for implementing future
fishery closures related to the Deepwater Horizon MC252 oil spill,
promulgated through rulemaking, published May 14, 2010 (75 Fr 27217).
Through this temporary emergency rule, NMFS is prohibiting royal red
shrimp fishing in the area of the Gulf EEZ identified in the December
1, 2010 temporary emergency rule (also found in the second table
below), for 60 days. This is a precautionary action to assure seafood
safety and consumer confidence in Gulf seafood while NMFS further
investigates the deepwater area where the royal red shrimp component of
the Gulf shrimp fishery is concentrated. Specifically, NMFS will sample
in and around the area of the Gulf where the interaction occurred to
determine the extent of the tar balls. NMFS is concerned about seafood
interactions with oil, tar, and oil byproducts. The FDA considers
seafood that has interacted with oil, tar, or oil byproducts to be
adulterated. NMFS will continue to analyze the tar balls found in the
area close to the well head in an attempt to determine if they
originated from the Deepwater Horizon MC252 incident.
NMFS is not aware of interactions of any Gulf fishery, other than
the royal red shrimp component of the Gulf shrimp fishery, with tar
balls or other sub-surface oil byproducts. The penaeid (brown, white,
and pink shrimp) shrimp trawl component of the Gulf shrimp fishery
occurs in shallower waters rather than in the vicinity of the in situ
burn sites. Other deepwater fishing activities occur in the area, but
bottom trawling is not used in those fishing activities. Trawls move
across the bottom, collecting shrimp and other items. For this reason,
tar balls and other potential oil byproducts are likely to be collected
and intermingled with the shrimp catch. Therefore, NMFS will continue
to sample the shrimp and other seafood in and around the area currently
closed to royal red shrimp fishing to ensure the seafood is not
adulterated.
The public may obtain the boundary coordinates for the area closed
to all fishing by listening to NOAA Weather Radio, visiting the
Southeast Regional Office Web site: https://sero.nmfs.noaa.gov/, reading
the e-mailed or posted Fishery Bulletins, reading a tweet that the
closed area has been revised, or by calling the Deepwater Horizon MC252
oil spill hotline number (1-800-627-6622) to listen to a recorded
message of the updated boundary coordinates. To improve public
outreach, the fishery bulletins and the recorded messages are also
available in Spanish and Vietnamese.
The current area closed to all fishing related to the Deepwater
Horizon MC252 oil spill, as of November 15, 2010, is bounded by rhumb
lines connecting, in order, the following coordinates:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 29[deg]00'........ 88[deg]30'.
B............................... 29[deg]00'........ 88[deg]00'.
C............................... 28[deg]30'........ 88[deg]00'.
D............................... 28[deg]30'........ 88[deg]30'.
A............................... 29[deg]00'........ 88[deg]30'.
------------------------------------------------------------------------
In addition to the area closed to all fishing, the area closed to
royal red shrimp fishing only continues to be bounded by rhumb lines
connecting, in order, the following coordinates:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 29[deg]30'........ LA State/EEZ
boundary.
B............................... 29[deg]30'........ 87[deg]30'.
[[Page 76302]]
C............................... 29[deg]00'........ 87[deg]30'.
D............................... 29[deg]00'........ 88[deg]30'.
E............................... 28[deg]30'........ 88[deg]30'.
F............................... 28[deg]30'........ 89[deg]00'.
G............................... LA State/EEZ 89[deg]00'.
boundary.
From point G follow the state/
EEZ boundary back to point A.
A............................... 29[deg]30'........ LA State/EEZ
boundary.
------------------------------------------------------------------------
This rule will remain in effect for 60 days.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c).
This rulemaking is a ``significant regulatory action'' under
section 3(f) of Executive Order 12866. The Department of Commerce has
notified the Office of Management and Budget Office of Information and
Regulatory Affairs (OMB/OIRA) under section 6(a)(3)(D) of the Executive
Order, and OMB/OIRA agrees, that NOAA is promulgating this action in an
emergency situation and that normal Executive Order review is not
practicable at this time. For this reason, OMB/OIRA has not reviewed
this notice under EO 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment. Prior notice and the opportunity for
public comment would be impracticable and contrary to the public
interest, as delaying this action is a seafood safety concern and could
result in compromised seafood products reaching the public. This
temporary emergency rule prohibits royal red shrimp fishing in the area
of the Gulf EEZ identified in a temporary emergency rule published
December 1, 2010 (75 FR 74648) and supersedes that temporary emergency
rule. NMFS will continue to investigate the deepwater area where the
majority of the royal red shrimp fishing effort occurs by sampling the
area for tar balls, to determine tar ball distribution across the area
and to determine if the tar balls originated from the Deepwater Horizon
MC252 incident. NMFS is concerned that seafood may have interacted with
the tar balls. The FDA considers such seafood to be adulterated. This
temporary emergency rule is necessary to prevent the harvest of
adulterated seafood products.
For the reasons stated above, the AA also finds good cause to waive
the 30-day delay in effective date of this rule under 5 U.S.C
553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable.
List of Subject in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.34, paragraph (w) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(w) Gulf EEZ area closure related to Deepwater Horizon oil spill.
Effective December 3, 2010, all fishing is prohibited in the portion of
the Gulf EEZ identified in the map shown on the NMFS Web site: https://sero.nmfs.noaa.gov/deepwater_horizon_oil_spill.htm.
[FR Doc. 2010-30870 Filed 12-3-10; 4:15 pm]
BILLING CODE 3510-22-P
