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. 


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Federal Register / Vol. 76, No. 58 / Friday, March 25, 2011 / Rules and Regulations 16699 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close the 

penaeid shrimp commercial sector off 

South Carolina 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 

because the rule itself has 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 is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the severely 

depleted spawning stock of white 

shrimp off South Carolina. Prior notice 

and opportunity for public comment 

would require time and would 

potentially further harm the spawning 

stock that has been impacted due to 

cold weather. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is authorized by 50 CFR 

622.35(d) and is exempt from review 

under Executive Order 12866. 

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

Dated: March 22, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7118 Filed 3–22–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

Docket No. 101126522–0640–02] 

RIN 0648–XA319 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 620 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

620 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2011 total 

allowable catch of pollock for Statistical 

Area 620 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 22, 2011 through 

1200 hrs, A.l.t., May 31, 2011. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

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. 

The B season allowance of the 2011 

total allowable catch (TAC) of pollock in 

Statistical Area 620 of the GOA is 

14,232 metric tons (mt) as established 

by the final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the B season allowance 

of the 2011 TAC of pollock in Statistical 

Area 620 of the GOA will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 14,182 mt, and is 

setting aside the remaining 50 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 620 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of pollock in 

Statistical Area 620 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of March 21, 

2011. 

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: March 22, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–7116 Filed 3–22–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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