Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Rules and Regulations 16697 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 24, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: February 15, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraph (c)(363)(i)(A)(7) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(363) * * * 

(i) * * * 

(A) * * * 

(7) Rule 4320, ‘‘Advance Emission 

Reduction Options for Boilers, Steam 

Generators and Process Heaters greater 

than 5.0 MMbtu/hr,’’ adopted on 

October 16, 2008. 

* * * * * 

[FR Doc. 2011–7090 Filed 3–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 170 

[USCG–2007–0030] 

RIN 1625–AB20 

Passenger Weight and Inspected 

Vessel Stability Requirements; 

Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Correcting Amendment. 

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register on December 14, 2010. That 

rule amended Coast Guard regulations 

governing the maximum weight and 

number of passengers that may safely be 

permitted on board a vessel and other 

stability regulations, including 

increasing the Assumed Average Weight 

per Person (AAWPP) to 185 lb. The rule 

also improved and updated intact 

stability and subdivision and damage 

stability regulations. 

DATES: These changes are effective April 

25, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this amendment, 

contact Mr. William Peters, U.S. Coast 

Guard, Office of Design and Engineering 

Standards, Naval Architecture Division 

(CG–5212), telephone 202–372–1371. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard is correcting a final 

rule that appeared in the Federal 

Register on December 14, 2010 (75 FR 

78064). That rule, among other things, 

added new definitions of ‘‘Assumed 

average weight per person’’, 

‘‘Constructed’’, and ‘‘Lightweight’’ to 46 

CFR 170.055. The definition of ‘‘Length’’ 

in that section was left unchanged 

except that it was redesignated to a 

different paragraph. Due to a clerical 

error, however, the amendatory 

instructions in the rule would result in 

two redundant definitions of 

‘‘Lightweight’’ and the elimination of a 

definition of ‘‘Length’’ in § 170.055. This 

correction remedies that error by 

removing the second occurrence of a 

definition of ‘‘Lightweight’’ and restoring 

the definition of ‘‘Length’’ in that 

section. This correction also revises an 

incorrect internet address in 46 CFR 

170.090(g). 


erowe on DSK5CLS3C1PROD with RULES
16698 Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Rules and Regulations 

List of Subjects in 46 CFR Part 170 

Marine safety, Reporting and 

recordkeeping requirements, Vessels. 

For the reasons discussed in the 

preamble, 46 CFR part 170 is corrected 

by making the following correcting 

amendments: 

PART 170—STABILITY 

REQUIREMENTS FOR ALL INSPECTED 

VESSELS 

■ 1. The authority citation for part 170 

continues to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 

3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 

1980 Comp., p. 277; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 170.055, revise paragraphs (k) 

and (l) to read as follows: 

§ 170.055 Definitions concerning a vessel. 

* * * * * 

(k) Length means the distance 

between fore and aft points on a vessel. 

The following specific terms are used 

and correspond to specific fore and aft 

points: 

(1) Length between perpendiculars 

(LBP) means the horizontal distance 

measured between perpendiculars taken 

at the forward-most and after-most 

points on the waterline corresponding 

to the deepest operating draft. For a 

small passenger vessel that has 

underwater projections extending 

forward of the forward-most point or aft 

of the after-most point on the deepest 

waterline of the vessel, the 

Commanding Officer, U.S. Coast Guard 

Marine Safety Center, may include the 

length or a portion of the length of the 

underwater projections in the value 

used for the LBP for the purposes of this 

subchapter. The length or a portion of 

the length of projections that contribute 

more than 2 percent of the underwater 

volume of the vessel is normally added 

to the actual LBP. 

(2) Length overall (LOA) means the 

horizontal distance between the 

forward-most and after-most points on 

the hull. 

(3) Length on the waterline (LWL) 

means the horizontal distance between 

the forward-most and after-most points 

on a vessel’s waterline. 

(4) Length on deck (LOD) means the 

length between the forward-most and 

after-most points on a specified deck 

measured along the deck, excluding 

sheer. 

(5) Load line length (LLL) has the 

same meaning that is provided for the 

term length in § 42.13–15(a) of this 

chapter. 

(6) Mean length is the average of the 

length between perpendiculars (LBP) 

and the length on deck (LOD). 

(l) Lightweight means the 

displacement of a vessel with fixed 

ballast and with machinery liquids at 

operating levels but without any cargo, 

stores, consumable liquids, water 

ballast, or persons and their effects. 

* * * * * 

§ 170.090 [Amended] 

■ 3. In § 171.090(g), remove ‘‘http:// 

www.uscg.mil/hq/cg5/cg5212.asp’’ and 

add, in its place, ‘‘http://www.uscg.mil/ 

hq/cg5/cg5212’’. 

Dated: March 21, 2011. 

Kathryn A. Sinniger, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. 2011–7048 Filed 3–24–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 930792–3265] 

RIN 0648–XA305 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery Off the Southern Atlantic 

States; Closure of the Penaeid Shrimp 

Fishery Off South Carolina 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the penaeid 

shrimp commercial sector to trawling, 

i.e., brown, pink, and white shrimp, in 

the exclusive economic zone (EEZ) off 

South Carolina in the South Atlantic. 

This closure is necessary to protect the 

spawning stock of white shrimp that has 

been severely depleted by unusually 

cold weather conditions. 

DATES: The closure is effective March 

22, 2011 until the effective date of a 

notification of opening which will be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–570–5305; fax: 

727–570–5583; e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

penaeid shrimp fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the Shrimp 

Fishery of the South Atlantic Region 

(FMP). The FMP was prepared by the 

South Atlantic Fishery Management 

Council (Council) and is implemented 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

Under 50 CFR 622.35(d)(1), NMFS 

may close the EEZ adjacent to South 

Atlantic states that have closed their 

waters to harvest of brown, pink, and 

white shrimp to protect the white 

shrimp spawning stock that has been 

severely depleted by cold weather. 

Consistent with those procedures and 

criteria, the state of South Carolina has 

determined, based on the information 

from standardized assessments, that 

unusually cold temperatures have 

resulted in at least an 80-percent 

reduction of the white shrimp 

populations in its state waters. South 

Carolina closed its waters on January 10, 

2011, to the harvest of brown, pink, and 

white shrimp, and has requested that 

the Council and NMFS implement a 

concurrent closure of the EEZ off South 

Carolina. The Council convened a 

review panel on March 2, 2011, to 

evaluate the data supporting the states’ 

request. Based on the review panel’s 

recommendation, the Council approved 

South Carolina’s request and 

subsequently requested that NMFS 

concurrently close the EEZ off South 

Carolina to the harvest of brown, pink, 

and white shrimp. NMFS has 

determined that the recommended 

closure conforms with the procedures 

and criteria specified in the FMP and 

the Magnuson-Stevens Act, and, 

therefore, implements the closure 

effective March 22, 2011. The closure 

will be effective until the ending date of 

the closure in South Carolina, but may 

be ended earlier based on a request from 

the state. In no case will the closure 

remain effective after June 6, 2011. 

NMFS will terminate the closure of the 

EEZ by filing a notification to that effect 

with the Office of the Federal Register. 

During the closure, as specified in 50 

CFR 622.35(d)(2), no person may: (1) 

Trawl for brown, pink, or white shrimp 

in the EEZ off South Carolina; (2) 

possess on board a fishing vessel brown, 

pink, or white shrimp in or from the 

EEZ off South Carolina unless the vessel 

is in transit through the area and all nets 

with a mesh size of less than 4 inches 

(10.2 cm) are stowed below deck; or (3) 

for a vessel trawling within 25 nautical 

miles of the baseline from which the 

territorial sea is measured, use or have 

on board a trawl net with a mesh size 

less than 4 inches (10.2 cm), as 

measured between the centers of 

opposite knots when pulled taut. 


erowe on DSK5CLS3C1PROD with RULES