19926 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

(B) [Reserved] 

(ii) [Reserved] 

(10) Instead of complying with section 

11.1 of ASTM F 2085–10a, comply with 

the following: 

(i) 11.1 Instructions must be 

provided with the portable bed rail and 

must be easy to read and understand. 

Assembly, installation, maintenance, 

cleaning, operating, and adjustment 

instructions and warnings, where 

applicable, must be included. 

(ii) [Reserved] 

Dated: April 6, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–8558 Filed 4–8–11; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Portable Bed Rails: Withdrawal of 

Advance Notice of Proposed 

Rulemaking 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Withdrawal of advance notice of 

proposed rulemaking. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (‘‘Commission,’’ 

‘‘CPSC,’’ or ‘‘we’’) is terminating a 

proceeding initiated for portable bed 

rails under the Federal Hazardous 

Substances Act (‘‘FHSA’’), which the 

Commission began with publication of 

an advance notice of proposed 

rulemaking (‘‘ANPR’’) on October 3, 

2000, 65 FR 58968. On August 14, 2008, 

the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) was 

enacted. Section 104(b) of the CPSIA 

requires the Commission to promulgate 

consumer product safety standards for 

durable infant or toddler products, 

which are to be ‘‘substantially the same 

as’’ applicable voluntary standards (or 

more stringent requirements if they 

would further reduce the risk of injury 

associated with the product). Elsewhere 

in this issue of the Federal Register, we 

are proposing a safety standard for 

portable bed rails in response to section 

104(b) of the CPSIA. The proposed 

portable bed rail standard includes 

provisions that address the risks of 

injury identified in the ANPR. 

DATES: The advanced notice of proposed 

rulemaking published on October 3, 

2000 (65 59868) is withdrawn as of 

April 11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Rohit Khanna, Project Manager, Office 

of Hazard Identification and Reduction, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7546; rkhanna@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

In the Federal Register of October 3, 

2000 (65 FR 58968), we published an 

advance notice of proposed rulemaking 

(‘‘ANPR’’), which initiated a rulemaking 

proceeding that could result in a rule 

banning portable bed rails that present 

an unreasonable risk of injury under the 

FHSA. After publication of the ANPR, 

we worked with the voluntary standards 

group, ASTM International (formerly 

known as the American Society for 

Testing and Materials), which added 

provisions in its standard for portable 

bed rails, ASTM F 2085, Standard 

Consumer Safety Specification for 

Portable Bed Rails, to address 

entrapment hazards. ASTM 

subsequently revised its standard to also 

address the structural integrity of bed 

rails. The current edition of the standard 

is ASTM F 2085–10a. 

The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’, 

Pub. L. 110–314) was enacted on August 

14, 2008. Section 104(b) of the CPSIA 

requires the Commission to promulgate 

consumer product safety standards for 

durable infant or toddler products. 

These standards are to be ‘‘substantially 

the same as’’ applicable voluntary 

standards or more stringent than the 

voluntary standard if the Commission 

concludes that more stringent 

requirements would further reduce the 

risk of injury associated with the 

product. Elsewhere in this issue of the 

Federal Register, we are publishing a 

proposed rule that would establish 

safety standards for portable bed rails 

that would incorporate by reference 

voluntary standard ASTM F 2085–10a, 

Standard Consumer Safety 

Specification for Portable Bed Rails, 

with certain modifications to strengthen 

the standard, making it more stringent 

and reducing the risk of injury 

associated with these products, 

including provisions that address foam 

and inflatable bed rail products, and 

new performance requirements to 

reduce the likelihood of misassembly 

and misinstallation of portable bed rails 

by consumers. 

B. Withdrawal of the ANPR 

The rulemaking that the Commission 

is now initiating under section 104(b) of 

the CPSIA proposes to establish new 

requirements for portable bed rails that 

will include the ASTM F 2085–10a, 

Standard Consumer Safety 

Specification for Portable Bed Rails, 

with modifications. Accordingly, we are 

withdrawing the October 3, 2000 ANPR 

and terminating that rulemaking. 

Dated: April 6, 2011. 

Todd S. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–8557 Filed 4–8–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0182] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patapsco River, Northwest 

Harbor, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish special local regulations 

during the ‘‘Baltimore Dragon Boat 

Challenge,’’ a marine event to be held on 

the waters of the Patapsco River, 

Northwest Harbor, Baltimore, MD on 

June 25, 2011. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to temporarily restrict vessel 

traffic in a portion of the Patapsco River 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 26, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0182 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19927 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0182), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0182’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0182’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On June 25, 2011, the Baltimore 

Dragon Boat Club will sponsor Dragon 

Boat Races in the Patapsco River, 

Northwest Harbor, at Baltimore, MD. 

The event will consist of approximately 

15 teams rowing Chinese Dragon Boats 

in heats of 2 or 3 boats for a distance 

of 500 meters. Due to the need for vessel 

control during the event, the Coast 

Guard will temporarily restrict vessel 

traffic in the event area to provide for 

the safety of participants, spectators and 

other transiting vessels 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

temporary special local regulations on 

specified waters of the Patapsco River, 

Northwest Harbor, in Baltimore, MD. 

The regulations will be in effect from 

6 a.m. to 6 p.m. on June 25, 2011. In the 

case of inclement weather this marine 

event may be postponed and 

rescheduled for 6 a.m. to 6 p.m. on June 

26, 2011. The regulated area includes all 

waters of the Patapsco River, Northwest 

Harbor, in Baltimore, MD, within an 

area bounded by the following lines of 

reference; bounded on the west by a line 

running along longitude 076°35′35′′ W; 

bounded on the east by a line running 

along longitude 076°35′10′′ W; bounded 

on the north by a line running along 

latitude 39°16′40′′ N; and bounded on 

the south by the shoreline between the 

east and west lines of reference. The 

effect of this proposed rule will be to 

restrict general navigation in the 

regulated area during the event. Except 

for persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. Vessel traffic will be 

allowed to transit the regulated area at 

slow speed between heats, when the 

Coast Guard Patrol Commander 

determines it is safe to do so. These 

regulations are needed to control vessel 

traffic during the event to enhance the 

safety of participants, spectators and 

transiting vessels. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563 and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although this 

regulation will prevent traffic from 

transiting a portion of the Patapsco 

River during the event, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
19928 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 

area will be in effect and the extensive 

advance notifications that will be made 

to the maritime community via the 

Local Notice to Mariners and marine 

information broadcasts, so mariners can 

adjust their plans accordingly. 

Additionally, the regulated area has 

been narrowly tailored to impose the 

least impact on general navigation yet 

provide the level of safety deemed 

necessary. Vessel traffic will be able to 

transit the regulated area at slow speed 

between heats, when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to transit 

or anchor in the effected portions of the 

Patapsco River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Patapsco River, Northwest Harbor 

during the event, this proposed rule will 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons. This proposed 

rule would be in effect for only a limited 

period. Vessel traffic will be able to 

transit the regulated area between heats, 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

Before the enforcement period, we will 

issue maritime advisories so mariners 

can adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Coast Guard 

Sector Baltimore, MD. The Coast Guard 

will not retaliate against small entities 

that question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Proposed Rules 19929 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

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 proposed 

rule involves implementation of 

regulations within 33 CFR Part 100 

applicable to organized marine events 

on the navigable waters of the United 

States that could negatively impact the 

safety of waterway users and shore side 

activities in the event area, and is 

categorically excluded from further 

analysis under paragraph 34(g) of the 

Commandant Instruction. This category 

of water activities includes but is not 

limited to sail boat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary section, § 100.35– 

T05–0182 to read as follows: 

§ 100.35–T05–0182 Special Local 

Regulations for Marine Events; Patapsco 

River, Northwest Harbor, Baltimore, MD. 

(a) Regulated area. The following 

locations are regulated areas: All waters 

of the Patapsco River, Northwest 

Harbor, within an area bounded by the 

following lines of reference: Bounded 

on the west by a line running along 

longitude 076°35′35′′ W; bounded on the 

east by a line running along longitude 

076°35′10′′ W; bounded on the north by 

a line running along latitude 39°16′40′′ 

N; and bounded on the south by the 

shoreline between the east and west 

lines of reference in Baltimore, MD. All 

coordinates reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: (i) Stop the vessel 

immediately when directed to do so by 

the Coast Guard Patrol Commander or 

any Official Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced as follows; (1) from 

6 a.m. until 6 p.m. on June 25, 2011. 

(2) In the case of inclement weather 

this marine event may be postponed and 

rescheduled for 6 a.m. to 6 p.m. on June 

26, 2011. 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

Dated: March 23, 2011. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2011–8519 Filed 4–8–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110329229–1219–02] 

RIN 0648–BA71 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Amendment 15 to 

the Atlantic Sea Scallop Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 15 to the 

Atlantic Sea Scallop Fishery 

Management Plan (FMP), which was 

developed by the New England Fishery 

Management Council (Council). The 

Council submitted Amendment 15, 

incorporating the Final Environmental 

Impact Statement (FEIS) and the Initial 

Regulatory Flexibility Analysis (IRFA), 

for review by the Secretary of 

Commerce. NMFS has also published a 

Notice of Availability requesting 

comments from the public on 

Amendment 15 pursuant to the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). Amendment 15 was developed 

primarily to implement annual catch 

limits (ACLs) and accountability 

measures (AMs) to bring the Scallop 

FMP into compliance with requirements 

of the MSA as reauthorized in 2007. 

Amendment 15 includes additional 

measures recommended by the Council, 

including: A revision of the overfishing 

definition (OFD); modification of the 

essential fish habitat (EFH) closed areas 

under the Scallop FMP; adjustments to 

measures for the Limited Access 

General Category (LAGC) fishery; 

adjustments to the scallop research setaside (RSA) program; and additions to 

the list of measures that can be adjusted 

by framework adjustments. 

DATES:

Comments must be received by 5 

p.m., Eastern Standard Time, by May 

26, 2011. 

ADDRESSES: An FEIS was prepared for 

Amendment 15 that describes the 

proposed action and its alternatives and 

provides a thorough analysis of the 

impacts of proposed measures and their 

alternatives. Copies of Amendment 15, 

including the FEIS and the IRFA, are 

available from Paul J. Howard, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950. These 

documents are also available online at 

http://www.nefmc.org. 

You may submit comments, identified 

by 0648–BA71, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: Peter 

Christopher. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

Scallop Amendment 15 Proposed 

Regulations.’’ 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 


emcdonald on DSK2BSOYB1PROD with PROPOSALS