Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Rules and Regulations 16547 

Appendix 

The additional information below is 

included to assist those who may wish to 

submit comments pertinent to review under 

the Paperwork Reduction Act: 

Description of Collection 

Title: Solid Waste Rail Transfer Facilities. 

OMB Control Number: ___–___. 

STB Form Number: None. 

Type of Review: New Collection. 

Respondents: Any applicant seeking a 

land-use-exemption permit, whether 

compelled by a Governor’s petition or 

through its own accord. 

Number of Respondents: Unknown; none 

mandated by the Board. 

Estimated Time Per Response: 160 hours. 

Frequency: 1. 

Total Burden Hours (annually including all 

respondents): 160 hours. 

Total ‘‘Non-hour Burden’’ Cost: An 

estimated cost of $50,000 to hire an 

environmental consultant to work with Board 

staff on the required environmental report. 

Needs and Uses: The information collected 

from applicants develops the record in landuse-exemption-permit proceedings, a process 

mandated by Congress in the CRA. The 

information gathered under the interim 

regulations is intended to permit the Board 

to accurately assess the merits of a permit 

application. 

Retention Period: Information in this report 

will be maintained on the Board’s Web site 

for a minimum of 1 year and will be 

otherwise maintained permanently. 

[FR Doc. 2011–6420 Filed 3–23–11; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA264 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the hook-andline component of the commercial 

sector for king mackerel in the southern 

Florida west coast subzone. This closure 

is necessary to protect the Gulf king 

mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 23, 2011, through 

June 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) 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 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The king mackerel quota for the 

hook-and-line component of the 

commercial sector in the southern 

Florida west coast subzone is 520,312 lb 

(236,010 kg) (50 CFR 

622.42(c)(1)(i)(A)(2)(i)). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial sector when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification with the Office of the 

Federal Register. NMFS has determined 

the commercial quota for Gulf group 

king mackerel in the southern Florida 

west coast subzone will be reached by 

March 23, 2011. Accordingly, the 

commercial sector for Gulf group king 

mackerel in the southern subzone is 

closed effective 12:01 a.m., local time, 

March 23, 2011, through June 30, 2011, 

the end of the fishing year. 

From November 1 through March 31, 

the southern subzone is that part of the 

Florida west coast subzone off Collier 

and Monroe Counties, Florida. This is 

the area south and west from 25°20.4′N. 

lat. (a line directly east from the MiamiDade/Monroe County boundary on the 

east coast of Florida) to 26°19.8′ N. lat. 

(a line directly west from the Lee/Collier 

County boundary on the west coast of 

Florida). Beginning April 1, the 

southern subzone is reduced to the area 

off Collier County, Florida, between 

25°48′ N. lat. and 26° 19.8′ N. lat. 

During the closure period, 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 Federal waters of the 

closed subzone. There is one exception, 

however, for a person aboard a charter 

vessel or headboat. A person aboard a 

vessel that has a valid charter/headboat 

permit and also has a commercial king 

mackerel permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed subzone 

under the 2-fish daily bag limit, 

provided the vessel is operating as a 

charter vessel or headboat. Charter 

vessels or headboats that hold a 

commercial king mackerel permit are 

considered to be operating as a charter 

vessel or headboat when they carry a 

passenger who pays a fee or when more 

than three persons are aboard, including 

operator and crew. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this action to close the hookand-line component of the commercial 

sector for king mackerel in the southern 

Florida west coast subzone constitutes 

good cause to waive the requirements 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 prior notice and opportunity for 

public comment is unnecessary and 

contrary to the public interest. Such 

procedures would be unnecessary 

because the rule implementing the 

quota and the associated requirement 

for closure of the commercial harvest 

when the quota is reached or projected 

to be reached has already 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 on this 

action would be contrary to the public 

interest because any delay in the closure 

of the commercial harvest could result 

in the commercial quota being 

exceeded. There is a need to 

immediately implement this action to 

protect the king mackerel resource 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

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. 


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16548 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Rules and Regulations 

Dated: March 21, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–6981 Filed 3–21–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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