Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 19707 

Technical Information: George A. 

Quadrino, 202–523–5800; Gary G. 

Kardian, 202–523–5856, 

tradeanalysis@fmc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–4599 appearing in the Federal 

Register of Wednesday, March 2, 2011 

(76 FR 11351), the following corrections 

are made: 

§ 532.5 [Corrected] 

■ 1. On page 11361, in the first column, 

in § 532.5 Requirements for NVOCC 

negotiated rate arrangements, the word 

‘‘contain’’ in paragraph (b) is capitalized 

and, paragraph (c) is corrected to read 

as follows: 

‘‘(c) Be agreed to by both NRA shipper 

and NVOCC, prior to receipt of cargo by 

the common carrier or its agent 

(including originating carriers in the 

case of through transportation);’’ 

§ 532.6 [Corrected] 

■ 2. On page 11361, in the second 

column, in § 532.6 Notices, the 

paragraph designations are removed and 

the text of the section is correctly 

revised to read as follows: 

‘‘An NVOCC wishing to invoke an 

exemption pursuant to this part must 

indicate that intention to the 

Commission and to the public by a 

prominent notice in its rules tariff and 

bills of lading or equivalent shipping 

documents.’’ 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–8467 Filed 4–7–11; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

49 CFR Part 8 

[Docket No. DOT–OST–1999–6189] 

RIN 9991–AA58 

Classified Information: Classification/ 

Declassification/Access; Authority To 

Classify Information 

AGENCY: Office of the Secretary of 

Transportation (OST), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule delegates 

various authorities vested in the 

Secretary of Transportation (Secretary) 

by Executive Order 13526 to originally 

classify information as SECRET or 

CONFIDENTIAL to the Administrator of 

the Federal Aviation Administration, 

and to the Assistant Administrator for 

Security and Hazardous Materials. 

DATES: This final rule is effective April 

8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brett Jortland, Attorney, Office of the 

General Counsel, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, Email: brett.jortland@dot.gov, Telephone: 

(202) 366–9314. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13526 confers upon the Secretary 

the authority to originally classify 

information as SECRET or 

CONFIDENTIAL, with further 

authorization to designate this 

authority. Title 49 of the Code of 

Federal Regulations (CFR), Section 

8.11(b)(3) delegates this authority to the 

Administrator of the Federal Aviation 

Administration (FAA), and the Assistant 

Administrator for Civil Aviation 

Security. As a result of administrative 

changes within the FAA, the position of 

the Assistant Administrator for Civil 

Aviation Security no longer exists. The 

authority exercised by that position has 

been transferred to the Assistant 

Administrator for Security and 

Hazardous Materials, thus necessitating 

a change in the language of § 8.11(b)(3) 

to reflect the proper office for 

designation of this authority. 

In addition, following the creation of 

the Department of Homeland Security, 

and the transfer of the United States 

Coast Guard from DOT to the 

Department of Homeland Security, the 

delegation of authority from the 

Secretary to the United States Coast 

Guard is hereby removed and the 

section is renumbered accordingly. 

Since these amendments relate to 

departmental management, 

organization, procedure, and practice, 

notice and comment are unnecessary 

under 5 U.S.C. 553(b). Further, since 

these amendments expedite DOT’s 

ability to meet the statutory intent of the 

applicable laws and regulations covered 

by this delegation, the Secretary finds 

good cause under 5 U.S.C. 553(d)(3) for 

the final rule to be effective on the date 

of publication in the Federal Register. 

Regulatory Impact and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures. See 

44 FR 11034, Feb. 26, 1979. There are 

no costs associated with this rule. 

B. Regulatory Flexibility Act and 

Executive Order 13272 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. We also do not 

believe that this rule would impose any 

costs on small entities because it simply 

delegates authority from one official to 

another. Therefore, I certify that this 

final rule will not have a significant 

economic impact on a substantial 

number of small businesses. 

C. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501 et seq. 

D. Federalism Implications 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

E. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian Tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

F. Unfunded Mandates Reform Act of 

1995 

DOT has determined that the 

requirements of title II of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 2 U.S.C. 1531) do not apply to 

this rulemaking. 

List of Subjects in 49 CFR Part 8 

Classified Information (Government 

agencies), Classification/ 

Declassification/Access (Government 

agencies). 

The Final Rule 

For the reasons set forth in the 

preamble, OST amends 49 CFR part 8 as 

follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
19708 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

PART 8—[AMENDED] 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: E. O. 10450, 3 CFR, 1949–1953 

Comp., p. 936; E.O. 12829, 3 CFR, 1993 

Comp., p. 570; E.O. 12958, 3 CFR, 1995 

Comp., p. 333; E. O. 12968, 3 CFR, 1995 

Comp., p. 391. 

Subpart B—Classification/ 

Declassification of Information 

§ 8.11 [Amended] 

■ 2. Section 8.11 is amended as follows: 

■ a. By removing paragraph (b)(2), 

■ b. By redesignating paragraphs (b)(3) 

and (b)(4) as (b)(2) and (b)(3) 

■ c. By amending newly designated 

paragraph (b)(2) by removing the 

reference ‘‘Assistant Administrator for 

Civil Aviation Security’’, and by adding 

in its place, the reference ‘‘Assistant 

Administrator for Security and 

Hazardous Materials.’’ 

Issued in Washington, DC, on March 30, 

2011. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2011–8292 Filed 4–7–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 110325225–1224–02] 

RIN 0648–BA96 

Pacific Halibut Fisheries; Limited 

Access for Guided Sport Charter 

Vessels in Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; interpretation. 

SUMMARY: This interpretation clarifies 

regulations that apply to vessels 

operating in the guided sport (charter) 

fishery for halibut in International 

Pacific Halibut Commission 

Management Area 2C (Southeast Alaska) 

and Area 3A (Central Gulf of Alaska). 

Under regulations implementing the 

charter halibut limited access program, 

all vessel operators in Area 2C and Area 

3A with charter vessel anglers on board 

catching and retaining halibut must 

have a valid charter halibut permit that 

was issued by NMFS on board the 

vessel. This interpretation clarifies that 

a valid charter halibut permit must be 

on board a vessel when the charter 

vessel guide on board is being 

compensated to provide assistance to 

persons catching and retaining halibut. 

A charter vessel guide is not required to 

have a charter halibut permit on board 

a vessel during a recreational halibut 

fishing trip on which he or she is not 

being compensated to provide 

assistance to persons catching and 

retaining halibut. 

DATES: This rule is effective on April 8, 

2011. 

ADDRESSES: Electronic copies of this 

action and other related documents are 

available from http:// 

www.regulations.gov or from the NMFS 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Baker, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

The International Pacific Halibut 

Commission (IPHC) and NMFS manage 

fishing for Pacific halibut (Hippoglossus 

stenolepis) through regulations 

established under authority of the 

Northern Pacific Halibut Act of 1982 

(Halibut Act) (16 U.S.C. 773 et seq.). 

Sections 773c(a) and (b) of the Halibut 

Act provide the Secretary of Commerce 

(Secretary) with general responsibility 

to carry out the Convention between the 

United States and Canada for the 

Preservation of the Halibut Fishery of 

the North Pacific Ocean and Bering Sea 

and the Halibut Act. Section 773c(c) of 

the Halibut Act also authorizes the 

North Pacific Fishery Management 

Council (Council) to develop 

regulations, including limited access 

regulations, that are in addition to, and 

not in conflict with, approved IPHC 

regulations. Such Council-developed 

regulations may be implemented by 

NMFS only after approval by the 

Secretary. The Council has exercised 

this authority in the development of its 

limited access program for charter 

vessels in the guided sport fishery, 

codified at 50 CFR 300.67. 

Charter Halibut Limited Access 

Program 

In March 2007, the Council 

recommended a limited access program 

for charter vessels in IPHC Regulatory 

Area 2C and Area 3A. The intent of the 

program was to manage growth of 

fishing capacity in the charter sector by 

limiting the number of charter vessels 

that may participate in the guided sport 

fishery for halibut in Areas 2C and 3A. 

NMFS published a final rule 

implementing the program on January 5, 

2010 (75 FR 554). Under the program, 

NMFS initially issued a charter halibut 

permit (CHP) to qualified applicants. A 

person who was not initially issued a 

CHP by NMFS may obtain a transferable 

CHP from another person by submitting 

a transfer application and meeting CHP 

transfer requirements. A permit holder 

may use a CHP on board any vessel that 

meets Federal and State requirements to 

operate as a charter vessel in the guided 

sport fishery for halibut in Areas 2C and 

3A. 

Beginning February 1, 2011, any 

person operating a vessel on which 

charter vessel anglers are catching and 

retaining halibut in Area 2C or Area 3A 

is required to have on board the vessel 

a CHP designated for that area. This 

requirement is codified in the 

regulations as a prohibition. The 

regulation at § 300.66(r) prohibits a 

person from being an operator of a 

vessel in Area 2C or Area 3A with one 

or more charter vessel anglers on board 

that are catching and retaining halibut 

without having a valid CHP for the 

regulatory area in which the vessel is 

operating. 

Interpretation 

This interpretation clarifies that a 

CHP is required to be on board a vessel 

in Area 2C or Area 3A if both of the 

following conditions are met: (1) One or 

more persons on board are catching and 

retaining halibut, and (2) a charter 

vessel guide on board the vessel is 

receiving compensation to assist a 

person to take, or attempt to take, 

halibut. 

Regulations at § 300.61 include three 

definitions that are relevant for 

determining whether a CHP is required 

to be on board a vessel in Area 2C or 

Area 3A. These definitions are ‘‘charter 

vessel angler,’’ ‘‘charter vessel guide,’’ 

and ‘‘sport fishing guide services.’’ For 

purposes of regulations at §§ 300.65(d), 

300.66, and 300.67: 

1. ‘‘Charter vessel angler’’ means a 

person, paying or non-paying, using the 

services of the charter vessel guide. 

2. ‘‘Charter vessel guide’’ means a 

person who holds an annual sport guide 

license issued by the Alaska Department 

of Fish and Game, or a person who 

provides sport fishing guide services. 

3. ‘‘Sport fishing guide services’’ 

means assistance, for compensation, to 

a person who is sport fishing, to take or 

attempt to take fish by being on board 

a vessel with such person during any 

part of a charter vessel fishing trip. 

NMFS interprets ‘‘services’’ in the 

definition of ‘‘charter vessel angler’’ to 

mean ‘‘sport fishing guide services’’ as 

defined at § 300.61. Under this 

interpretation, a person who takes or 

attempts to take halibut would only be 


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