15222 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

D. Regulatory Flexibility Act 

No notice of proposed rulemaking is 

required for this rule under the 

Administrative Procedure Act, 5 U.S.C. 

553, so the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) do 

not apply. This rule will impose no 

costs on small entities because it simply 

delegates authority from one official to 

another. Therefore, I certify this final 

rule will not have a significant 

economic impact on a substantial 

number of small businesses. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 

List of Subjects in 49 CFR Part 1 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

For the reasons set forth in the 

preamble, the Office of the Secretary of 

Transportation amends 49 CFR part 1 as 

follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 322; 46 U.S.C. 

2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); 

Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– 

159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. 

597; Pub. L. 107–295, 116 Stat. 2064; Pub. L. 

108–136, 117 Stat. 1392; Pub. L. 101–115, 

103 Stat. 691; Pub. L. 108–293, 118 Stat. 

1028; Pub. L. 109–364, 120 Stat. 2083; Pub. 

L. 110–140, 121 Stat. 1492; Pub. L. 110–432, 

122 Stat. 4848. 

■ 2. In § 1.59, add paragraph (a)(7) to 

read as follows: 

§ 1.50 Delegations to the Assistant 

Secretary for Administration. 

* * * * * 

(a) * * * 

(7) Carry out the duties and 

responsibilities of the agency head for 

departmental fleet management, 

acquisition and replacement of vehicles 

pursuant to the Energy Independence 

and Security Act of 2007. 

* * * * * 

Dated: February 28, 2011. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2011–6519 Filed 3–18–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 101210611–1185–02] 

RIN 0648–BA58 

Hawaii Bottomfish and Seamount 

Groundfish Fisheries; Modification of 

Fishery Closures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule changes the 

advance notification period for inseason closure of the main Hawaiian 

Islands (MHI) Deep-7 bottomfish fishery 

from 14 to 7 days. The intent of the 

change is to enhance administration of 

the fishery. 

DATES: This final rule is effective April 

20, 2011. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for the Hawaiian 

Archipelago are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel 

808–522–8220, fax 808–522–8226, 

http://www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: The 

fishery for main Hawaiian Islands Deep 

7 bottomfish is managed under a total 

allowable catch (TAC) limit. NMFS and 

the State of Hawaii monitor progress 

towards the TAC based on records of 

commercial bottomfish landings 

collected by the State. When bottomfish 

landings approach the TAC, NMFS, the 

State, and the Council determine the 

date the TAC is projected to be reached, 

and the commercial and noncommercial fisheries for Deep 7 

bottomfish will be closed. 

Federal regulations at 50 CFR 665.211 

require NMFS to notify fishermen and 

the public of the date when the fisheries 

will close through a notice in the 

Federal Register and other means. This 

final rule changes the minimum 

required advance notification period 

from 14 to 7 days. The objective of this 

final rule is to enhance administration 

of the fishery by streamlining the 

advanced notification. 

Additional background information 

on this final rule is found in the 

preamble to the proposed rule 

published on February 14, 2011 (76 FR 

8330). Briefly, reducing the advance 

notification period for a closure of the 

Deep 7 bottomfish fishery will allow 

NMFS to more accurately determine the 

closure date, while still providing 

fishermen with sufficient notice of the 

impending closure. The comment 

period for the proposed rule ended on 

March 1, 2011, and NMFS did not 

receive any comments. 

Changes From the Proposed Rule 

There are no changes from the 

proposed rule in this final rule. 

Classification 

The Administrator, Pacific Islands 

Region, NMFS, determined that this 

final rule is necessary for the 

conservation and management of the 

Hawaii bottomfish fishery, and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 665 

Bottomfish, Fishing, Hawaii. 

Dated: March 15, 2011. 

John Oliver, 

Deputy Assistant Administrator For 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 665 is amended 

as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

■ 1. The authority citation for part 665 

continues to read as follows: 

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

■ 2. In § 665.211, revise paragraph (c) to 

read as follows: 


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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 15223 

§ 665.211 Total allowable catch (TAC) limit. 

* * * * * 

(c) When the TAC limit specified in 

this section is projected to be reached 

based on analyses of available 

information, the Regional Administrator 

shall publish a notice to that effect in 

the Federal Register and shall use other 

means to notify permit holders. The 

notice will include an advisement that 

the fishery will be closed beginning at 

a specified date, which is not earlier 

than 7 days after the date of filing the 

closure notice for public inspection at 

the Office of the Federal Register, until 

the end of the fishing year in which the 

TAC is reached. 

* * * * * 

[FR Doc. 2011–6580 Filed 3–18–11; 8:45 am] 

BILLING CODE 3510–22–P 


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