Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 9975-9977 [2017-02611]
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Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations
date for certain provisions to begin 30
days after the effective date of the Order.
The implementation date of these
provisions is now April 20, 2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, our
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), we have determined
that good cause exists to forego the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary
and contrary to the public interest. We
are temporarily postponing for 60 days
the effective date of this regulation
pursuant to the previously-noted
memorandum of the Chief of Staff. As
a result, seeking public comment on this
delay is unnecessary and contrary to the
public interest. For these same reasons
we find good cause to waive the 30-day
delay in effective date provided for in 5
U.S.C. 553(d).
Authority: 43 CFR part 3160.
Richard T. Cardinale,
Acting Assistant Secretary, Land and
Minerals Management.
For reasons set out in the preamble,
the Bureau of Land Management
amends the appendix following the
regulatory text of the final rule
published in the Federal Register at 72
FR 10308 at 10328 (March 7, 2007),
corrected on March 9, 2007 (72 FR
10608), effective March 7, 2007, and
revised on January 10, 2017 (82 FR
2906), as follows:
Note: This appendix does not appear in the
BLM regulations in 43 CFR part 3160.
Appendix—Text of Oil and Gas
Onshore Order
Amend Onshore Oil and Gas Order
Number 1 sections III.A, III.C, and III.E by
replacing ‘‘March 13, 2017,’’ with ‘‘April 20,
2017,’’ at each place it occurs.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
9975
policy they raise.’’ In accordance with
this memorandum, this action delays
the final rule NMFS published on
January 19, 2017, at 82 FR 6309, until
March 21, 2017.
RIN 0648–XD771
List of Subjects in 50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
Endangered and Threatened Wildlife
and Plants; Final Rule To List Two
Guitarfishes as Threatened Under the
Endangered Species Act
Dated: February 3, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[Docket No. 150211138–7024–02]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; delay of effective
date.
AGENCY:
In accordance with the
memorandum of January 20, 2017, from
the Assistant to the President and Chief
of Staff, entitled ‘‘Regulatory Freeze
Pending Review,’’ published in the
Federal Register on January 24, 2017
(the Memorandum), this action delays
the final rule NMFS published on
January 19, 2017.
DATES: Effective February 9, 2017, the
effective date of the final rule amending
50 CFR part 223, that published on
January 19, 2017, at 82 FR 6309, is
delayed until March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Marta Nammack, NMFS, Office of
Protected Resources (OPR), (301) 427–
8403.
SUMMARY:
On
January 19, 2017, NMFS published the
final rule to list two foreign marine
guitarfish species under the Endangered
Species Act (ESA). We considered
comments submitted on the proposed
listing rule and have determined that
the blackchin guitarfish (Rhinobatos
cemiculus) and common guitarfish
(Rhinobatos rhinobatos) warrant listing
as threatened species. We will not
designate critical habitat for either of
these species because the geographical
areas occupied by these species are
entirely outside U.S. jurisdiction, and
we have not identified any unoccupied
areas within U.S. jurisdiction that are
currently essential to the conservation
of either of these species.
On January 20, 2017, the White House
issued a memorandum instructing
Federal agencies to temporarily
postpone the effective date for 60 days
after January 20, 2017, of any
regulations or guidance documents that
have published in the Federal Register
but not yet taken effect, for the purpose
of ‘‘reviewing questions of fact, law, and
SUPPLEMENTARY INFORMATION:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XF209
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amounts of the
Community Development Quota pollock
directed fishing allowance from the
Aleutian Islands subarea to the Bering
Sea subarea. This action is necessary to
provide opportunity for harvest of the
2017 total allowable catch of pollock,
consistent with the goals and objectives
of the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), February 9, 2017 until the
effective date of the final 2017 and 2018
harvest specifications for Bering Sea and
Aleutian Islands (BSAI) groundfish,
unless otherwise modified or
superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 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 (Council)
SUMMARY:
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Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Rules and Regulations
under authority of the MagnusonStevens 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.
In the Aleutian Islands subarea, the
portion of the 2017 pollock total
allowable catch (TAC) allocated to the
Community Development Quota (CDQ)
directed fishing allowance (DFA) is
1,900 metric tons (mt) as established by
the final 2016 and 2017 harvest
specifications for groundfish in the
BSAI (81 FR 14773, March 16, 2016),
and as adjusted by an inseason
adjustment (82 FR 2916, January 10,
2017).
As of February 1, 2017, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 1,900 mt of pollock
CDQ DFA in the Aleutian Islands
subarea will not be harvested.
Therefore, in accordance with
§ 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 1,900 mt of pollock CDQ
DFA from the Aleutian Islands subarea
to the 2015 Bering Sea subarea
allocations. The 1,900 mt of pollock
CDQ DFA is added to the 2017 Bering
Sea CDQ DFA. As a result, the 2017
harvest specifications for pollock in the
Aleutian Islands subarea included in the
final 2016 and 2017 harvest
specifications for groundfish in the
BSAI (81 FR 14773, March 16, 2016) are
revised as follows: 0 mt to CDQ DFA.
Furthermore, pursuant to § 679.20(a)(5),
Table 5 of the final 2015 and 2016
harvest specifications for groundfish in
the BSAI (81 FR 14773, March 16,
2016), as adjusted by the inseason
adjustment (82 FR 2916, January 10,
2017), is revised to make 2017 pollock
allocations consistent with this
reallocation. This reallocation results in
adjustments to the 2017 CDQ pollock
allocations established at § 679.20(a)(5).
TABLE 5—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2017 A season 1
2017
Allocations
Area and sector
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Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..................................................................................................
Catch by CVs 3 .................................................................................................
Unlisted C/P Limit 4 ..........................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 541 ....................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
1,346,900
136,400
47,210
1,163,291
581,645
465,316
425,764
39,552
2,327
116,329
203,576
348,987
36,061
17,100
0
2,400
14,700
10,818
5,409
1,803
500
A season DFA
n/a
61,380
n/a
523,481
261,740
209,392
191,594
17,798
1,047
52,348
n/a
n/a
n/a
n/a
0
1,200
13,224
n/a
n/a
n/a
n/a
SCA harvest
limit 2
n/a
38,192
n/a
325,721
162,861
130,289
n/a
n/a
n/a
32,572
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2017
B season 1
B season DFA
n/a
75,020
n/a
639,810
319,905
255,924
234,170
21,754
1,280
63,981
n/a
n/a
n/a
n/a
0
1,200
1,476
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the
Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B
season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery.
In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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Classification
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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) as such 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 reallocation of AI pollock.
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Since the pollock fishery is currently
open, it is important to immediately
inform the industry as to the final
Bering Sea subarea pollock allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery; allow
the industry to plan for the fishing
season and avoid potential disruption to
the fishing fleet as well as processors;
and provide opportunity to harvest
increased seasonal pollock allocations
while value is optimum. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of February 1, 2017.
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9977
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.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–02611 Filed 2–8–17; 8:45 am]
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]]>Agencies
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9975-9977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02611]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 150916863-6211-02]
RIN 0648-XF209
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reallocation.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the
Community Development Quota pollock directed fishing allowance from the
Aleutian Islands subarea to the Bering Sea subarea. This action is
necessary to provide opportunity for harvest of the 2017 total
allowable catch of pollock, consistent with the goals and objectives of
the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 9, 2017
until the effective date of the final 2017 and 2018 harvest
specifications for Bering Sea and Aleutian Islands (BSAI) groundfish,
unless otherwise modified or superseded through publication of a
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 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
(Council)
[[Page 9976]]
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.
In the Aleutian Islands subarea, the portion of the 2017 pollock
total allowable catch (TAC) allocated to the Community Development
Quota (CDQ) directed fishing allowance (DFA) is 1,900 metric tons (mt)
as established by the final 2016 and 2017 harvest specifications for
groundfish in the BSAI (81 FR 14773, March 16, 2016), and as adjusted
by an inseason adjustment (82 FR 2916, January 10, 2017).
As of February 1, 2017, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 1,900 mt of pollock CDQ
DFA in the Aleutian Islands subarea will not be harvested. Therefore,
in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates
1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the
2015 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is
added to the 2017 Bering Sea CDQ DFA. As a result, the 2017 harvest
specifications for pollock in the Aleutian Islands subarea included in
the final 2016 and 2017 harvest specifications for groundfish in the
BSAI (81 FR 14773, March 16, 2016) are revised as follows: 0 mt to CDQ
DFA. Furthermore, pursuant to Sec. 679.20(a)(5), Table 5 of the final
2015 and 2016 harvest specifications for groundfish in the BSAI (81 FR
14773, March 16, 2016), as adjusted by the inseason adjustment (82 FR
2916, January 10, 2017), is revised to make 2017 pollock allocations
consistent with this reallocation. This reallocation results in
adjustments to the 2017 CDQ pollock allocations established at Sec.
679.20(a)(5).
Table 5--Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2017 A season \1\ 2017 B season
2017 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,346,900 n/a n/a n/a
CDQ DFA......................................... 136,400 61,380 38,192 75,020
ICA \1\......................................... 47,210 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,163,291 523,481 325,721 639,810
AFA Inshore..................................... 581,645 261,740 162,861 319,905
AFA Catcher/Processors \3\...................... 465,316 209,392 130,289 255,924
Catch by C/Ps................................... 425,764 191,594 n/a 234,170
Catch by CVs \3\................................ 39,552 17,798 n/a 21,754
Unlisted C/P Limit \4\.......................... 2,327 1,047 n/a 1,280
AFA Motherships................................. 116,329 52,348 32,572 63,981
Excessive Harvesting Limit \5\.................. 203,576 n/a n/a n/a
Excessive Processing Limit \6\.................. 348,987 n/a n/a n/a
Aleutian Islands subarea ABC.................... 36,061 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 17,100 n/a n/a n/a
CDQ DFA......................................... 0 0 n/a 0
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 13,224 n/a 1,476
Area harvest limit \7\ 541...................... 10,818 n/a n/a n/a
542......................................... 5,409 n/a n/a n/a
543......................................... 1,803 n/a n/a n/a
Bogoslof District ICA \8\....................... 500 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10
percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands
pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA
(2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands
subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated
the remainder of the pollock directed fishery.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The
amounts specified are for ICA only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
[[Page 9977]]
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) as such 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 reallocation of AI pollock. Since the pollock fishery
is currently open, it is important to immediately inform the industry
as to the final Bering Sea subarea pollock allocations. Immediate
notification is necessary to allow for the orderly conduct and
efficient operation of this fishery; allow the industry to plan for the
fishing season and avoid potential disruption to the fishing fleet as
well as processors; and provide opportunity to harvest increased
seasonal pollock allocations while value is optimum. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of February 1, 2017.
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.
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: February 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-02611 Filed 2-8-17; 8:45 am]
BILLING CODE 3510-22-P
