2012-2013 Accountability Measure and Closure for Commercial Black Sea Bass in the South Atlantic, 60945-60946 [2012-24651]
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
which differs from the design type only
in a lesser design height; or
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PART 179—SPECIFICATIONS FOR
TANK CARS
28. The authority citation for part 179
is revised to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.53.
29. In Appendix B to Part 179,
paragraphs 2.a.(1) and 3.a.(1) are revised
to read as follows:
■
Appendix B to Part 179—Procedures
for Simulated Pool and Torch-Fire
Testing.
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2. Simulated pool fire test.
a. A pool-fire environment must be
simulated in the following manner:
(1) The source of the simulated pool fire
must be hydrocarbon fuel with a flame
temperature of 871 °C plus or minus 55.6 °C
(1600 °F plus-or-minus 100 °F) throughout
the duration of the test.
*
*
*
*
*
3. Simulated torch fire test.
a. A torch-fire environment must be
simulated in the following manner:
(1) The source of the simulated torch must
be a hydrocarbon fuel with a flame
temperature of 1,204 °C plus-or-minus 55.6
°C (2,200 °F plus or minus 100 °F),
throughout the duration of the test.
Furthermore, torch velocities must be 64.4
km/h ±16 km/h (40 mph ±10 mph)
throughout the duration of the test.
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Issued in Washington, DC, on September
27, 2012 under authority delegated in 49 CFR
part 1.
Timothy P. Butters,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2012–24263 Filed 10–4–12; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
pmangrum on DSK3VPTVN1PROD with RULES
RIN 0648–XC152
2012–2013 Accountability Measure and
Closure for Commercial Black Sea
Bass in the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
VerDate Mar<15>2010
15:07 Oct 04, 2012
Jkt 229001
NMFS implements an
accountability measure (AM) for the
commercial sector of black sea bass in
the exclusive economic zone (EEZ) of
the South Atlantic through this
temporary final rule. NMFS has
determined that the annual catch limit
(ACL) (equal to the commercial quota)
for black sea bass will have been
reached by October 8, 2012. Therefore,
NMFS closes the commercial sector for
black sea bass in the EEZ of the South
Atlantic. This closure is necessary to
protect the black sea bass resource.
DATES: Closure is effective 12:01 a.m.,
local time, October 8, 2012, through
12:01 a.m., local time, on June 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone 727–824–
5305, email
Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP), and black sea bass is a
species contained in that FMP. The FMP
was prepared by the South Atlantic
Fishery Management Council (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. NMFS published a
temporary rule to delay the start of the
2012–2013 fishing season for the
commercial sector of black sea bass from
June 1, 2012 to July 1, 2012 (77 FR
28305, May 14, 2012). The commercial
ACL (commercial quota) for black sea
bass in the South Atlantic is 309,000 lb
(140,160 kg), gutted weight, for the
current fishing year (July 1, 2012,
through May 31, 2013) as specified in 50
CFR 622.42(e)(5).
SUMMARY:
Background
Black sea bass are managed
throughout their range. In the South
Atlantic EEZ, black sea bass are
managed under the FMP by the Council
from 35°15.19′ N. lat., the latitude of
Cape Hatteras Light, North Carolina,
south to the boundary between the
South Atlantic and Gulf of Mexico
(Gulf) Councils, off of Key West,
Florida. The boundary between the
South Atlantic and Gulf Councils
coincides with the line of demarcation
between the Atlantic Ocean and the
Gulf, which begins at the intersection of
the outer boundary of the EEZ, as
specified in the Magnuson-Stevens Act,
and 83°00′ W. long., proceeds
northward along that meridian to 24°35′
N. lat., (near the Dry Tortugas Islands),
thence eastward along that parallel,
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
60945
through Rebecca Shoal and the
Quicksand Shoal, to the Marquesas
Keys, and then through the Florida Keys
to the mainland at the eastern end of
Florida Bay, the line so running that the
narrow waters within the Dry Tortugas
Islands, the Marquesas Keys and the
Florida Keys, and between the Florida
Keys and the mainland, are within the
Gulf. From Cape Hatteras Light, North
Carolina, through Maine, black sea bass
are managed jointly by the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission. Therefore, the closure
provisions contained in this notice are
applicable to those vessels harvesting or
possessing black sea bass from Cape
Hatteras Light, North Carolina, through
to the boundary between the South
Atlantic and Gulf Councils (off of Key
West, Florida), as described above.
The AM at 50 CFR 622.49(b)(5)(i)
requires NMFS to close the commercial
sector for black sea bass when the ACL
(quota) is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. Also, under 50 CFR 622.43(a),
NMFS is required to close the
commercial sector for a species or
species group when the quota for that
species or species group is reached, or
is projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined that the available
commercial ACL (commercial quota) of
309,000 lb (140,160 kg), gutted weight,
for black sea bass will be reached on or
before October 8, 2012. Accordingly,
NMFS is implementing an AM to close
the commercial sector for black sea bass
in the South Atlantic EEZ at 12:01 a.m.,
local time, on October 8, 2012 from
35°15.19′ N. lat., the latitude of Cape
Hatteras Light, North Carolina, south to
the boundary between the South
Atlantic and Gulf Councils, as
previously described in this temporary
rule. The commercial sector for black
sea bass will remain closed until 12:01
a.m., local time, on June 1, 2013. The
operator of a vessel with a valid
commercial vessel permit for snappergrouper having black sea bass onboard
must have landed and bartered, traded,
or sold such black sea bass prior to
12:01 a.m., local time, October 8, 2012.
During the closure, the bag limit and
possession limits specified in 50 CFR
622.39(d)(1)(vii) and (d)(2), respectively,
apply to all harvest or possession of
black sea bass in or from the South
Atlantic EEZ, and the sale or purchase
of black sea bass taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to sale or
E:\FR\FM\05OCR1.SGM
05OCR1
60946
Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
purchase of black sea bass that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, October 8,
2012, and held in cold storage by a
dealer or processor. For a person on
board a vessel for which a Federal
commercial or charter vessel/headboat
permit for the South Atlantic snappergrouper fishery has been issued, the sale
and purchase provisions of the
commercial closure for black sea bass
would apply regardless of whether the
fish were harvested in state or Federal
waters, as specified in 50 CFR
622.43(a)(5)(ii).
Classification
pmangrum on DSK3VPTVN1PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: October 2, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–24651 Filed 10–2–12; 4:15 pm]
BILLING CODE 3510–22–P
15:07 Oct 04, 2012
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XC273
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and South
Atlantic; 2012–2013 Accountability
Measure and Closure for Gulf King
Mackerel in Northern Florida West
Coast Subzone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the commercial sector to the
harvest of black sea bass 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 would be
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the regulations
have already been subject to notice and
comment, and all that remains is to
notify the public of the closure.
Additionally, allowing prior notice
and opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the black sea bass
stock because it is subject to overfishing
and the capacity of the fishing fleet
allows for rapid harvest of the
commercial ACL (commercial quota).
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established commercial
ACL (commercial quota), which would
impede the rebuilding of the stock by
the end of the rebuilding period set at
2016.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of the
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.
VerDate Mar<15>2010
DEPARTMENT OF COMMERCE
Jkt 229001
NMFS implements an
accountability measure (AM) for
commercial king mackerel in the
northern Florida west coast subzone of
the eastern zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ)
through this temporary final rule. NMFS
has determined that the commercial
annual catch limit (ACL) (equal to the
commercial quota) for king mackerel in
the northern Florida west coast subzone
of the Gulf EEZ will have been reached
by October 5, 2012. Therefore, NMFS
closes the northern Florida west coast
subzone to commercial king mackerel
fishing in the EEZ. This closure is
necessary to protect the Gulf king
mackerel resource.
DATES: The closure is effective noon,
local time, October 5, 2012, until 12:01
a.m., local time, on July 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, 727–824–5305, email:
Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, and
cobia) 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
(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
Gulf migratory group king mackerel’s
Florida west coast subzone of the Gulf
eastern zone into northern and southern
subzones, and established their separate
SUMMARY:
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
quotas. 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°31.1′ W.
long. (a line directly south from the
Alabama/Florida boundary). The
Florida west coast subzone is further
divided into northern and southern
subzones. The northern subzone is that
part of the Florida west coast subzone
that is between 26°19.8′ N. lat. (a line
directly west from the Lee/Collier
County, FL boundary) and 87°31.1′ W.
long. (a line directly south from the
Alabama/Florida boundary).
The commercial ACL (commercial
quota) for the Gulf migratory group king
mackerel in the northern Florida west
coast subzone is 197,064 lb (89,397 kg)
(50 CFR 622.42(c)(1)(i)(A)(2)(ii)), for the
current fishing year, July 1, 2012,
through June 30, 2013.
Because 75 percent of the northern
Florida west coast subzone’s quota had
been harvested, NMFS published a
temporary rule on August 30, 2012, to
reduce the trip limit for the commercial
sector of king mackerel in the northern
Florida west coast subzone to 500 lb
(227 kg) of king mackerel per day in or
from the EEZ (77 FR 52623).
Regulations at 50 CFR 622.49(h)(1)(i)
and 50 CFR 622.43(a)(3) require NMFS
to close the commercial sector for Gulf
migratory group king mackerel in the
northern Florida west coast subzone
when the ACL (quota) is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined the commercial
ACL (commercial quota) of 197,064 lb
(89,397 kg) for Gulf migratory group
king mackerel in the northern Florida
west coast subzone will be reached by
October 5, 2012. Accordingly, the
northern Florida west coast subzone is
closed effective noon, local time,
October 5, 2012, through June 30, 2013,
the end of the fishing year, to
commercial fishing for Gulf migratory
group king mackerel.
Except for a person aboard a charter
vessel or headboat, during the closure,
no person aboard a vessel for which a
commercial permit for king mackerel
has been issued may fish for or retain
Gulf group king mackerel in the EEZ in
the closed zones or subzones. A person
aboard a vessel that has a valid charter
vessel/headboat permit for coastal
migratory pelagic fish may continue to
retain king mackerel in or from the
closed zones or subzones under the bag
and possession limits set forth in 50
CFR 622.39(c)(1)(ii) and (c)(2), provided
E:\FR\FM\05OCR1.SGM
05OCR1
]]>Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60945-60946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24651]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0907271173-0629-03]
RIN 0648-XC152
2012-2013 Accountability Measure and Closure for Commercial Black
Sea Bass in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the
commercial sector of black sea bass in the exclusive economic zone
(EEZ) of the South Atlantic through this temporary final rule. NMFS has
determined that the annual catch limit (ACL) (equal to the commercial
quota) for black sea bass will have been reached by October 8, 2012.
Therefore, NMFS closes the commercial sector for black sea bass in the
EEZ of the South Atlantic. This closure is necessary to protect the
black sea bass resource.
DATES: Closure is effective 12:01 a.m., local time, October 8, 2012,
through 12:01 a.m., local time, on June 1, 2013.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone 727-824-
5305, email Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP), and black sea bass
is a species contained in that FMP. The FMP was prepared by the South
Atlantic Fishery Management Council (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. NMFS published a temporary rule to delay the start of the 2012-
2013 fishing season for the commercial sector of black sea bass from
June 1, 2012 to July 1, 2012 (77 FR 28305, May 14, 2012). The
commercial ACL (commercial quota) for black sea bass in the South
Atlantic is 309,000 lb (140,160 kg), gutted weight, for the current
fishing year (July 1, 2012, through May 31, 2013) as specified in 50
CFR 622.42(e)(5).
Background
Black sea bass are managed throughout their range. In the South
Atlantic EEZ, black sea bass are managed under the FMP by the Council
from 35[deg]15.19' N. lat., the latitude of Cape Hatteras Light, North
Carolina, south to the boundary between the South Atlantic and Gulf of
Mexico (Gulf) Councils, off of Key West, Florida. The boundary between
the South Atlantic and Gulf Councils coincides with the line of
demarcation between the Atlantic Ocean and the Gulf, which begins at
the intersection of the outer boundary of the EEZ, as specified in the
Magnuson-Stevens Act, and 83[deg]00' W. long., proceeds northward along
that meridian to 24[deg]35' N. lat., (near the Dry Tortugas Islands),
thence eastward along that parallel, through Rebecca Shoal and the
Quicksand Shoal, to the Marquesas Keys, and then through the Florida
Keys to the mainland at the eastern end of Florida Bay, the line so
running that the narrow waters within the Dry Tortugas Islands, the
Marquesas Keys and the Florida Keys, and between the Florida Keys and
the mainland, are within the Gulf. From Cape Hatteras Light, North
Carolina, through Maine, black sea bass are managed jointly by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission. Therefore, the closure provisions contained in
this notice are applicable to those vessels harvesting or possessing
black sea bass from Cape Hatteras Light, North Carolina, through to the
boundary between the South Atlantic and Gulf Councils (off of Key West,
Florida), as described above.
The AM at 50 CFR 622.49(b)(5)(i) requires NMFS to close the
commercial sector for black sea bass when the ACL (quota) is reached,
or is projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. Also, under 50 CFR 622.43(a),
NMFS is required to close the commercial sector for a species or
species group when the quota for that species or species group is
reached, or is projected to be reached, by filing a notification to
that effect with the Office of the Federal Register. Based on the best
scientific information available, NMFS has determined that the
available commercial ACL (commercial quota) of 309,000 lb (140,160 kg),
gutted weight, for black sea bass will be reached on or before October
8, 2012. Accordingly, NMFS is implementing an AM to close the
commercial sector for black sea bass in the South Atlantic EEZ at 12:01
a.m., local time, on October 8, 2012 from 35[deg]15.19' N. lat., the
latitude of Cape Hatteras Light, North Carolina, south to the boundary
between the South Atlantic and Gulf Councils, as previously described
in this temporary rule. The commercial sector for black sea bass will
remain closed until 12:01 a.m., local time, on June 1, 2013. The
operator of a vessel with a valid commercial vessel permit for snapper-
grouper having black sea bass onboard must have landed and bartered,
traded, or sold such black sea bass prior to 12:01 a.m., local time,
October 8, 2012.
During the closure, the bag limit and possession limits specified
in 50 CFR 622.39(d)(1)(vii) and (d)(2), respectively, apply to all
harvest or possession of black sea bass in or from the South Atlantic
EEZ, and the sale or purchase of black sea bass taken from the EEZ is
prohibited. The prohibition on sale or purchase does not apply to sale
or
[[Page 60946]]
purchase of black sea bass that were harvested, landed ashore, and sold
prior to 12:01 a.m., local time, October 8, 2012, and held in cold
storage by a dealer or processor. For a person on board a vessel for
which a Federal commercial or charter vessel/headboat permit for the
South Atlantic snapper-grouper fishery has been issued, the sale and
purchase provisions of the commercial closure for black sea bass would
apply regardless of whether the fish were harvested in state or Federal
waters, as specified in 50 CFR 622.43(a)(5)(ii).
Classification
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the commercial
sector to the harvest of black sea bass 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 would be unnecessary and contrary to the public
interest. Such procedures would be unnecessary because the regulations
have already been subject to notice and comment, and all that remains
is to notify the public of the closure.
Additionally, allowing prior notice and opportunity for public
comment is contrary to the public interest because of the need to
immediately implement this action to protect the black sea bass stock
because it is subject to overfishing and the capacity of the fishing
fleet allows for rapid harvest of the commercial ACL (commercial
quota). Prior notice and opportunity for public comment would require
time and would potentially result in a harvest well in excess of the
established commercial ACL (commercial quota), which would impede the
rebuilding of the stock by the end of the rebuilding period set at
2016.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of the 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: October 2, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-24651 Filed 10-2-12; 4:15 pm]
BILLING CODE 3510-22-P
