54384 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a safety zone 

around a fireworks display and is 

expected to have no impact on the water 

or environment. This zone is designed 

to protect mariners and spectators from 

the hazards associated with aerial 

fireworks displays. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0546 to read as 

follows: 

165.T05–0546 Safety Zone; Labor Day 

Fireworks, James River, Richmond, VA. 

(a) Regulated Area. The following area 

is a safety zone: specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10, in the vicinity of the James River in 

Richmond, VA and within 420 feet of 

position 337°31′13.1′′ N/077°25′ 07.84′′ 

W (NAD 1983). 

(b) Definition. For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65 Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period. This 

regulation will be enforced from 8 p.m. 

until 9 p.m. on September 5, 2011. 

Dated: August 19, 2011. 

Mark S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. 2011–22355 Filed 8–31–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0537; FRL–9457–6] 

California State Implementation Plan, 

South Coast Air Quality Management 

District; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On July 15, 2011 (76 FR 

41717), EPA published a direct final 

approval of a revision to the California 

State Implementation Plan (SIP). This 

revision concerned South Coast Air 

Quality Management District 

(SCAQMD) Rule 1143, Consumer Paint 

Thinner & Multi-Purpose Solvents and 

Rule 1144, Metal Working Fluids & 

Direct-Contact Lubricants. The direct 

final action was published without prior 

proposal because EPA anticipated no 

adverse comment. The direct final rule 

stated that if adverse comments were 

received by August 15, 2011, EPA 

would publish a timely withdrawal in 

the Federal Register. EPA received 

timely adverse comments. 

Consequently, with this revision we are 

withdrawing the direct final approval of 

SCAQMD Rules 1143 and 1144. EPA 

will either address the comments in a 

subsequent final action based on the 

parallel proposal also published on July 

15, 2011 (76 FR 41745), or repropose an 

alternative action. As stated in the 

parallel proposal, EPA will not institute 

a second comment period on a 

subsequent final action. Accordingly, 

the amendment to 40 CFR 52.220 

published in the Federal Register on 

July 15, 2011, (76 FR 41717) which was 

to become effective on September 13, 

2011 is withdrawn. 

DATES: Effective Date: The amendment 

to 40 CFR 52.220 which published at 76 

FR 41717 on July 15, 2011 is withdrawn 

as of September 1, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2011–0537 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 


wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Rules and Regulations 54385 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Adrianne Borgia, EPA Region IX, (415) 

97–3576, Borgia.adrianne@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 19, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Accordingly, the amendment to 40 

CFR 52.220 published in the Federal 

Register on July 15, 2011, (76 FR 41717) 

is withdrawn as of September 1, 2011. 

[FR Doc. 2011–22289 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110131079–1521–02] 

RIN 0648–BA79 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Regulatory Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS revises the reporting 

requirements for vessels issued Atlantic 

herring (herring) permits, because more 

timely catch information is necessary to 

monitor herring catch against the stockwide herring annual catch limit (ACL) 

and herring management area sub-ACLs, 

to help prevent sub-ACLs overages and 

the chance of premature fishery 

closures. This action requires limited 

access herring vessels to report catch 

daily via vessel monitoring systems 

(VMS), open access herring vessels to 

report catch weekly via the interactive 

voice response (IVR) system, and all 

herring-permitted vessels to submit 

vessel trip reports (VTRs) weekly. 

DATES: Effective September 8, 2011. 

ADDRESSES: An Environmental 

Assessment (EA) was prepared for this 

regulatory amendment; it describes the 

proposed action and other considered 

alternatives, and provides a thorough 

analysis of the impacts of the proposed 

measures and alternatives. Copies of the 

regulatory amendment, including the 

EA, the Regulatory Impact Review (RIR), 

and the Initial Regulatory Flexibility 

Analysis (IRFA), are available from: 

NMFS, Northeast Regional Office, 55 

Great Republic Drive, Gloucester, MA 

01930. The EA/RIR/IRFA is also 

accessible via the Internet at http:// 

www.nero.nmfs.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this rule 

should be submitted to NMFS, at the 

address above, and to the Office of 

Management and Budget (OMB) by email at OIRA_Submission@omb.eop.gov, 

or fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Nordeen, Fishery Policy Analyst, 

978–281–9272, fax 978–281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The herring fishery in the United 

States is managed by a fishery 

management plan (FMP) developed by 

the New England Fishery Management 

Council (Council), and implemented by 

NMFS, in 2000. The harvest of herring 

is managed by a stock-wide ACL that is 

divided among three management areas, 

one of which has two sub-areas. Area 1 

is located in the Gulf of Maine and is 

divided into an inshore section (Area 

1A) and an offshore section (Area 1B). 

Area 2 is located in the coastal waters 

between Massachusetts and North 

Carolina, and Area 3 is on Georges 

Bank. In order to monitor catch against 

management area quota allocations (i.e., 

sub-ACLs), reporting requirements for 

the herring fishery were implemented as 

part of the original Herring FMP in 

2000, and are specified at § 648.7. This 

action revises catch reporting 

requirements for owners/operators of 

vessels issued herring permits. A 

proposed rule revising reporting 

requirements for the herring fishery was 

published on June 15, 2011 (75 FR 

34947), with a comment period ending 

June 30, 2011. Because the proposed 

rule included detailed information on 

the background and rationale for the 

revised reporting requirements, that 

information is only briefly summarized 

in this final rule. 

Fishing year 2010 was the first year 

that NMFS monitored herring catch 

against recently reduced herring 

management area allocations (reduced 

from 2009 levels by 20 to 60 percent). 

When catch is projected to reach 95 

percent of a management area sub-ACL, 

NMFS implements a 2,000-lb (907.2-kg) 

possession limit for that management 

area, essentially closing that area to the 

directed herring fishery, to prevent the 

sub-ACL from being exceeded. In 2010, 

NMFS experienced difficulty projecting 

a closure date in Area 1B because of a 

pulse of fishing effort. NMFS had 

similar difficulties projecting a closure 

date in Area 1A, resulting in premature 

fishery closures, because bycatch rates 

were highly variable. Preliminary 2010 

data indicate that catches from Area 1B 

and Area 1A exceeded their respective 

allocations. Overage determinations, 

and any subsequent overage deductions, 

will be determined when the 2010 

herring catch data are finalized. 

NMFS’s monitoring experiences in 

2010 illustrated the need for more 

timely catch reporting to better monitor 

herring catch against management area 

sub-ACLs, help prevent sub-ACL 

overages, and reduce the chance of 

premature fishery closures. The Council 

is in the process of developing 

Amendment 5 to the Herring FMP 

(Amendment 5), which considers 

revisions to catch reporting 

requirements for the herring fishery, but 

that amendment, if approved, is not 

anticipated to be implemented before 

2013. NMFS recognizes the importance 

of timely catch information to monitor 

herring catch against management areas 

sub-ACLs in 2011 and beyond, as well 

as to help catch achieve, but not exceed, 

sub-ACLs. The Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) section 402(a)(2), in 

conjunction with regulations at § 648.7, 

provide NMFS with the authority to 

revise fishery reporting requirements as 

necessary to monitor a FMP. Therefore, 

in this action, NMFS requires that: 

Limited access herring vessels report 

herring catch daily via VMS; open 

access herring vessels report catch 

weekly via IVR; and all herringpermitted vessels submit VTRs weekly. 

Reporting Requirements for Limited 

Access Herring Vessels 

To ensure timely catch data are 

available to better inform management 

decisions, NMFS requires owners/ 

operators of vessels issued limited 

access herring permits to report herring 

catch, retained and discarded, daily via 

VMS. Daily catch reports would include 

the following information: Vessel name; 

VTR serial number; date; and the 

amount of herring retained and 

discarded from each management area. 

During a declared herring trip, catch 

reports would be required to be 

submitted via VMS by 9 a.m., eastern 

time, for herring caught the previous 

calendar day (0000–2400 hr). If no fish 

were caught on a particular day during 


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