Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 12604-12605 [2011-5227]

Download as PDF emcdonald on DSK2BSOYB1PROD with RULES 12604 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations FEMA. While some commenters opposed a requirement that the first national EAS test use the EAN, the live event code for nationwide Presidential alerts, there is at present no other way to test the entire system for propagation of a national-level EAS alert. No commenter opposed the requirement that the national test replace the monthly and weekly EAS tests in the month and week in which it is held and this requirement in fact serves to minimize burdens on all participants be relieving them of certain testing obligations. While some commenters sought more than two months notice, the Order requires the Bureau to provide at least two months’ public notice prior to any national test of the EAS. The impact on small entities will be a factor considered by the Bureau in making its determination of notice period. 27. The new rule requires EAS Participants to submit test-related data to the Bureau within 45 days following a national EAS test. This was an extension of the 30 days initially proposed in the Second FNPRM and will minimize the burden on all participants. A number of commenters requested the ability to submit the required test data electronically and this Third R&O provides for this alternative method of data submission, also lessening the economic impact on all entities. The requirement that test data received from EAS Participants be treated as presumptively confidential, but allowing test data to be shared on a confidential basis with other Federal agencies and State governmental emergency management agencies that have confidentiality protection at least equal to that provided by the Freedom of Information Act (FOIA), has no economic impact on small entities. In delegating authority to the Bureau to determine, in consultation with FEMA and with other EAS stakeholders, as appropriate, various administrative procedures for national tests, including test codes to be used and pre-test outreach, the Commission has instructed the Bureau to factor in the needs of all stakeholders, including small business entities. 28. Report to Congress: The Commission will send a copy of the Third R&O including this FRFA, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Third R&O, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Third R&O and FRFA (or summaries thereof) will also be published in the Federal Register. VerDate Mar<15>2010 18:59 Mar 07, 2011 Jkt 223001 III. Ordering Clauses 29. Accordingly, it is ordered that pursuant to sections 1, 2, 4(i), 4(o), 301, 303(r), 303(v), 307, 309, 335, 403, 624(g),706 and 715 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i) and (o), 301, 303(r), 303(v), 307, 309, 335, 403, 544(g), 606, and 615, this Third Report and Order is adopted. 30. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Third Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. two months prior to the conduct of any such national test. (iv) Test results as required by the Commission shall be logged by all EAS Participants and shall be provided to the Commission’s Public Safety and Homeland Security Bureau within forty five (45) days following the test. * * * * * [FR Doc. 2011–5222 Filed 3–7–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 List of Subjects in 47 CFR Part 11 [Docket No. 001005281–0369–02] Radio, Television, Emergency alerting. RIN 0648–XA263 Federal Communications Commission. Bulah P. Wheeler, Deputy Manager. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 11 as follows: PART 11—EMERGENCY ALERT SYSTEM (EAS) 1. The authority citation for part 11 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g) and 606. 2. Revise § 11.61(a)(3) to read as follows: ■ § 11.61 Tests of EAS procedures. (a) * * * (3) National Tests. (i) All EAS Participants shall participate in national tests as scheduled by the Commission in consultation with the Federal Emergency Management Agency (FEMA). Such tests will consist of the delivery by FEMA to PEP/NP stations of a coded EAS message, including EAS header codes, Attention Signal, Test Script, and EOM code. All other EAS Participants will then be required to relay that EAS message. The coded message shall utilize EAS test codes as designated by the Commission’s rules. (ii) A national test shall replace the required weekly and monthly tests for all EAS Participants, as set forth in paragraphs (a)(1) and (a)(2) of this section, in the week and month in which it occurs. (iii) Notice shall be provided to EAS Participants by the Commission at least PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. AGENCY: NMFS reduces the trip limit for the hook-and-line component of the commercial sector for Gulf group king mackerel in the southern Florida west coast subzone to 500 lb (227 kg) of king mackerel per day in or from the exclusive economic zone (EEZ). This trip limit reduction is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, March 8, 2011, through June 30, 2011, unless changed by further notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727–824– 5305, fax: 727–824–5308, e-mail: Steve.Branstetter@noaa.gov. SUMMARY: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf of Mexico only, dolphin and bluefish) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act SUPPLEMENTARY INFORMATION: E:\FR\FM\08MRR1.SGM 08MRR1 emcdonald on DSK2BSOYB1PROD with RULES Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the Gulf of Mexico eastern zone into northern and southern subzones, and established their separate quotas. The king mackerel quota for the hook-and-line component of the commercial sector in the southern Florida west coast subzone is 520,312 lb (236,010 kg) (50 CFR 622.42(c)(1)(i)(A)(2)(i)). In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date that 75 percent of the southern Florida west coast subzone’s hook-and-line gear quota has been harvested until a closure of the subzone’s hook-and-line component has been effected or the fishing year ends, king mackerel in or from the EEZ may be possessed on board or landed from a permitted vessel in amounts not exceeding 500 lb (227 kg) per day. NMFS has determined that 75 percent of the quota for the hook-and-line component of the commercial sector for Gulf group king mackerel from the southern Florida west coast subzone has been reached. Accordingly, a 500-lb (227-kg) trip limit applies to vessels in the hook-and-line component of the commercial sector for king mackerel in or from the EEZ in the southern Florida west coast subzone effective 12:01 a.m., local time, March 8, 2011. The 500-lb (227-kg) trip limit will remain in effect until the commercial sector closes or until the end of the current fishing year (June 30, 2011), whichever occurs first. The Florida west coast subzone is that part of the eastern zone located south and west of 25°20.4′ N. lat. (a line directly east from the Miami-Dade/ Monroe County, FL boundary) along the west coast of Florida to 87°31′06′ W. long. (a line directly south from the Alabama/Florida boundary). The Florida west coast subzone is further divided into northern and southern subzones. From November 1 through March 31, the southern subzone is designated as the area extending south and west from 25°20.4′ N. lat. to 26°19.8′ N. lat. (a line directly west from the Lee/Collier County, Florida, boundary), i.e., the area off Collier and Monroe Counties. Beginning April 1, the southern subzone is reduced to the area off Collier County, Florida, between 25°48′ N. lat. and 26°19.8′ N. lat. (AA), finds that the need to immediately implement this trip limit reduction for the king mackerel hook-and-line component of the commercial sector in the southern Florida west coast subzone constitutes good cause to waive the requirements 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 prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule implementing the quota and the associated requirement for closure of the commercial harvest when the quota is reached or projected to be reached has already been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment on this action would be contrary to the public interest because any delay in the trip limit reduction of the commercial harvest could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the king mackerel resource because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established 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). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 3, 2011. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–5227 Filed 3–3–11; 4:15 pm] BILLING CODE 3510–22–P 18:59 Mar 07, 2011 Jkt 223001 PO 00000 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0907271173–1137–04] RIN 0648–AY11 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern Atlantic States; Amendment 17B; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correcting amendments. AGENCY: This document contains corrections to the final rule that implemented Amendment 17B to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17B), which was published in the Federal Register on December 30, 2010. DATES: This correction is effective March 8, 2011. FOR FURTHER INFORMATION CONTACT: Anik Clemens, 727–824–5305; e-mail: Anik.Clemens@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background On December 30, 2010, a final rule was published to implement Amendment 17B (75 FR 82280). That final rule established annual catch limits and accountability measures for nine snapper-grouper species in the South Atlantic region. One of these accountability measures prohibits the possession of deep-water snappergrouper species in or from the South Atlantic exclusive economic zone in depths greater than 240 ft (73 m). After the regulations implementing Amendment 17B became effective on January 31, 2011, it was determined that two of the waypoints defining the 240ft (73-m) depth contour were in State waters. Need for Correction As published, the final rule contains errors in a table of coordinates in the regulatory text. In § 622.35, paragraph (o) contains a table of coordinates for the depth closure implemented in Amendment 17B for deep-water snapper-grouper. Within this table, an incorrect longitudinal coordinate was implemented for point K, and the coordinates for points O and U are within State boundaries. Through this Classification This action responds to the best available information recently obtained from the fisheries. The Assistant Administrator for Fisheries, NOAA VerDate Mar<15>2010 12605 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12604-12605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA263


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Trip Limit Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the trip limit for the hook-and-line component of 
the commercial sector for Gulf group king mackerel in the southern 
Florida west coast subzone to 500 lb (227 kg) of king mackerel per day 
in or from the exclusive economic zone (EEZ). This trip limit reduction 
is necessary to protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, March 8, 2011, 
through June 30, 2011, unless changed by further notice in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico only, dolphin and bluefish) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act

[[Page 12605]]

(Magnuson-Stevens Act) by regulations at 50 CFR part 622.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the Florida west coast subzone of the Gulf 
of Mexico eastern zone into northern and southern subzones, and 
established their separate quotas. The king mackerel quota for the 
hook-and-line component of the commercial sector in the southern 
Florida west coast subzone is 520,312 lb (236,010 kg) (50 CFR 
622.42(c)(1)(i)(A)(2)(i)).
    In accordance with 50 CFR 622.44(a)(2)(ii)(B)(2), from the date 
that 75 percent of the southern Florida west coast subzone's hook-and-
line gear quota has been harvested until a closure of the subzone's 
hook-and-line component has been effected or the fishing year ends, 
king mackerel in or from the EEZ may be possessed on board or landed 
from a permitted vessel in amounts not exceeding 500 lb (227 kg) per 
day.
    NMFS has determined that 75 percent of the quota for the hook-and-
line component of the commercial sector for Gulf group king mackerel 
from the southern Florida west coast subzone has been reached. 
Accordingly, a 500-lb (227-kg) trip limit applies to vessels in the 
hook-and-line component of the commercial sector for king mackerel in 
or from the EEZ in the southern Florida west coast subzone effective 
12:01 a.m., local time, March 8, 2011. The 500-lb (227-kg) trip limit 
will remain in effect until the commercial sector closes or until the 
end of the current fishing year (June 30, 2011), whichever occurs 
first.
    The Florida west coast subzone is that part of the eastern zone 
located south and west of 25[deg]20.4' N. lat. (a line directly east 
from the Miami-Dade/Monroe County, FL boundary) along the west coast of 
Florida to 87[deg]31'06' W. long. (a line directly south from the 
Alabama/Florida boundary). The Florida west coast subzone is further 
divided into northern and southern subzones. From November 1 through 
March 31, the southern subzone is designated as the area extending 
south and west from 25[deg]20.4' N. lat. to 26[deg]19.8' N. lat. (a 
line directly west from the Lee/Collier County, Florida, boundary), 
i.e., the area off Collier and Monroe Counties. Beginning April 1, the 
southern subzone is reduced to the area off Collier County, Florida, 
between 25[deg]48' N. lat. and 26[deg]19.8' N. lat.

Classification

    This action responds to the best available information recently 
obtained from the fisheries. The Assistant Administrator for Fisheries, 
NOAA (AA), finds that the need to immediately implement this trip limit 
reduction for the king mackerel hook-and-line component of the 
commercial sector in the southern Florida west coast subzone 
constitutes good cause to waive the requirements 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 prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule implementing the quota 
and the associated requirement for closure of the commercial harvest 
when the quota is reached or projected to be reached has already been 
subject to notice and comment, and all that remains is to notify the 
public of the closure.
    Allowing prior notice and opportunity for public comment on this 
action would be contrary to the public interest because any delay in 
the trip limit reduction of the commercial harvest could result in the 
commercial quota being exceeded. There is a need to immediately 
implement this action to protect the king mackerel resource because the 
capacity of the fishing fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would require time and 
would potentially result in a harvest well in excess of the established 
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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: March 3, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-5227 Filed 3-3-11; 4:15 pm]
BILLING CODE 3510-22-P

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