23198 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

1As noted above, the BLM has also published, 

concurrently with this Interim Rule, a proposed 

rule that would make permanent the segregation 

authority included here. There will be a separate 

opportunity for public comment on the proposed 

rule as outlined in the Federal Register notice for 

that rule. 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 27, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compound. 

Dated: April 4, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(187) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(187) On October 25, 2010, Illinois 

submitted revised regulations that are 

consistent with 40 CFR 51.100(s)(1), as 

amended by 74 FR 3437. The 

compounds propylene carbonate and 

dimethyl were added to the list of 

negligibly reactive compounds excluded 

from the definition of VOC in 35 IAC 

211.7150(a). 

(i) Incorporation by reference. Illinois 

Administrative Code Title 35: 

Environmental Protection, Part 211: 

Definitions and General Provisions, 

Section 211.7150: Volatile Organic 

Matter (VOM) or Volatile Organic 

Compound (VOC), Subsection 

211.7150(a). Effective January 11, 2010. 

[FR Doc. 2011–10027 Filed 4–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 2090 and 2800 

[WO 300–1430–PQ] 

RIN 1004–AE19 

Segregation of Lands—Renewable 

Energy 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of interim temporary 

final rule and opportunity to comment. 

SUMMARY: The Bureau of Land 

Management (BLM) is issuing this 

interim temporary final rule (Interim 

Rule) to amend the BLM’s regulations 

found in 43 CFR parts 2090 and 2800 by 

adding provisions allowing the BLM to 

temporarily segregate from the operation 

of the public land laws, by publication 

of a Federal Register notice, public 

lands included in a pending or future 

wind or solar energy generation right-ofway (ROW) application, or public lands 

identified by the BLM for a potential 

future wind or solar energy generation 

ROW authorization under the BLM’s 

ROW regulations, in order to promote 

the orderly administration of the public 

lands. If segregated under this rule, such 

lands will not be subject to 

appropriation under the public land 

laws, including location under the 

Mining Law of 1872 (Mining Law), but 

not the Mineral Leasing Act of 1920 

(Mineral Leasing Act) or the Materials 

Act of 1947 (Materials Act), subject to 

valid existing rights, for a period of up 

to 2 years. This Interim Rule is effective 

immediately upon publication in the 

Federal Register for a period not to 

exceed 2 years after publication, but 

public comments received within 60 

days of the publication of this rule will 

be considered by the BLM. Any 

necessary changes will be made to the 

Interim Rule. The BLM is also 

publishing in today’s Federal Register a 

proposed rule that would make this 

segregation authority permanent. At the 

completion of the notice and comment 

rulemaking process for the proposed 

rule, or at the end of 2 years, whichever 

occurs first, this Interim Rule will 

expire. 

DATES: Effective date: The Interim Rule 

is effective April 26, 2011 through April 

26, 2013. 

Comment deadline: You should 

submit your comments on the Interim 

Rule on or before June 27, 2011. The 

BLM need not consider, or include in 

the administrative record for the Interim 

Rule, comments that the BLM receives 

after the close of the comment period or 

comments delivered to an address other 

than those listed below (see ADDRESSES). 

ADDRESSES: Mail: Director (630), Bureau 

of Land Management, U.S. Department 

of the Interior, 1849 C St., NW., 

Washington, DC 20240, Attention: 

1004–AE19. Personal or messenger 

delivery: U.S. Department of the 

Interior, Bureau of Land Management, 

20 M Street, SE., Room 2134LM, 

Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: Ray 

Brady at (202) 912–7312 or the Division 

of Lands, Realty, and Cadastral Survey 

at (202) 912–7350 for information 

relating to the BLM’s renewable energy 

program or the substance of the Interim 

Rule, or Ian Senio at (202) 912–7440 for 

information relating to the rulemaking 

process generally. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339, 24 hours a day, seven days a week 

to contact the above individuals. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Section-by-Section Analysis 

IV. Procedural Matters 

I. Public Comment Procedures 

While this Interim Rule is effective 

immediately upon publication in the 

Federal Register, the BLM still seeks the 

public’s input and will consider any 

comments on the Interim Rule received 

within 60 days after the date of 

publication (see DATES).1 If the BLM 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23199 

determines that substantive comments 

received during the comment period 

warrant it, the BLM may issue a further 

interim temporary final rule to address 

those comments and make any 

necessary changes. Any further interim 

temporary final rule would still be 

subject to the 2-year effective period as 

of the date of publication for this 

Interim Rule. 

If you wish to comment, you may 

submit your comments by one of several 

methods: 

You may mail comments to Director 

(630) Bureau of Land Management, U.S. 

Department of the Interior, Mail Stop 

2143LM, 1849 C St., NW., Washington, 

DC 20240, Attention: 1004–AE19. 

You may deliver comments to U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M Street, SE., 

Room 2134LM, Attention: Regulatory 

Affairs, Washington, DC 20003; or 

You may access and comment on the 

Interim Rule at the Federal eRulemaking 

Portal by following the instructions at 

that site (see ADDRESSES). 

Written comments on the Interim 

Rule should be specific, should be 

confined to issues pertinent to the 

Interim Rule, and should explain the 

reason for any recommended change. 

Where possible, comments should 

reference the specific section or 

paragraph of the Interim Rule that the 

comment is addressing. 

The BLM need not consider or 

include in the Administrative Record 

for the Interim Rule comments that we 

receive after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

Comments, including names and street 

addresses of respondents, will be 

available for public review at the U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M Street, SE., 

Room 2134LM, Division of Regulatory 

Affairs, Washington, DC 20003 during 

regular hours (7:45 a.m. to 4:15 p.m.) 

Monday through Friday, except 

holidays. They will also be available at 

the Federal eRulemaking Portal http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

Before including your address, 

telephone number, e-mail address, or 

other personal identifying information 

in your comment, be advised that your 

entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

Congress has directed the Department 

of the Interior (Department) to facilitate 

the development of renewable energy 

resources. Promoting renewable energy 

is one of this Administration’s and this 

Department’s highest priorities. In 

Section 211 of the Energy Policy Act of 

2005 (119 Stat. 660, Aug. 8, 2005) 

(EPAct), Congress declared that before 

2015 the Secretary of the Interior should 

seek to have approved non-hydropower 

renewable energy projects (solar, wind, 

and geothermal) on public lands with a 

generation capacity of at least 10,000 

megawatts (MW) of electricity. Even 

before the EPAct was enacted by 

Congress, President Bush issued 

Executive Order 13212, ‘‘Actions to 

Expedite Energy-Related Projects’’ (May 

18, 2001), which requires Federal 

agencies to expedite the production, 

transmission, or conservation of energy. 

After passage of the EPAct, the 

Secretary of the Interior issued several 

orders emphasizing the importance of 

renewable energy development on 

public lands. On January 16, 2009, 

Secretary Kempthorne issued Secretarial 

Order 3283, ‘‘Enhancing Renewable 

Energy Development on the Public 

Lands,’’ which states that its purpose is 

to ‘‘facilitate[ ] the Department’s efforts 

to achieve the goal Congress established 

in Section 211 of the * * * [EPAct] to 

approve non-hydropower renewable 

energy projects on the public lands with 

a generation capacity of at least 10,000 

megawatts of electricity by 2015.’’ The 

order also declared that ‘‘the 

development of renewable energy 

resources on the public lands will 

increase domestic energy production, 

provide alternatives to traditional 

energy resources, and enhance the 

energy security of the United States.’’ 

Approximately 1 year later, Secretary 

Salazar issued Secretarial Order 

3285A1, ‘‘Renewable Energy 

Development by the Department of the 

Interior’’ (Feb. 22, 2010), which 

reemphasized the development of 

renewable energy as a priority for the 

Department. The order states: 

‘‘Encouraging the production, 

development, and delivery of renewable 

energy is one of the Department’s 

highest priorities. Agencies and bureaus 

within the Department will work 

collaboratively with each other, and 

with other Federal agencies, 

departments, states, local communities, 

and private landowners to encourage 

the timely and responsible development 

of renewable energy and associated 

transmission while protecting and 

enhancing the Nation’s water, wildlife, 

and other natural resources.’’ As a result 

of these and other initiatives, the 

interest in renewable energy 

development on public lands has 

increased significantly. 

In addition to these specific 

directives, the BLM is charged generally 

with managing the public lands for 

multiple uses under the Federal Land 

Policy and Management Act of 1976 

(FLPMA), 43 U.S.C. 1701, et seq., 

including for mining and energy 

development. In some instances, 

different uses may present conflicts. For 

example, a mining claim located within 

a proposed ROW for a utility-scale solar 

energy generation facility could impede 

the BLM’s ability to process the ROW 

application because the Federal 

government’s use of the surface cannot 

endanger or materially interfere with a 

properly located mining claim. In order 

to help avoid such conflicts while 

carrying out the Congressional and 

Executive mandates and direction to 

prioritize the development of renewable 

energy, the BLM is issuing the Interim 

Rule. The Interim Rule will help 

promote the orderly administration of 

the public lands by giving the BLM a 

tool to minimize potential resource 

conflicts between ROWs for proposed 

solar and wind energy generation 

facilities and other uses of the public 

lands. Under existing regulations, lands 

within a solar or wind energy generation 

ROW application or within an area 

identified by the BLM for such ROWs, 

unlike lands proposed for exchange or 

sale, remain open to appropriation 

under the public land laws, including 

location and entry under the Mining 

Law, while BLM is considering the 

ROW. 

Over the past 5 years, the BLM has 

processed 24 solar and wind energy 

development ROW applications. New 

mining claims were located on the 

public lands described in two of these 

proposed ROWs during the BLM’s 

consideration of the applications. Many 

of the mining claims in the two 

proposed ROWs were not located until 

after the existence of the wind or solar 

ROW application or the identification of 

an area by the BLM for such ROWs 

became publicly known. In addition, 

over the past 2 years, 437 new mining 

claims were located within wind energy 

ROW application areas in Arizona, 

California, Idaho, Nevada, Oregon, Utah, 

and Wyoming and 216 new mining 

claims were located within solar energy 

ROW application areas. In the BLM’s 

experience, some of these claims are 

likely to be valid, but others are likely 

to be speculative and not located for 

true mining purposes. As such, the 

latter are likely filed for no other 

purpose than to provide a means for the 

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23200 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

2This uncertainty may also discourage banks 

from financing such projects. 

3The existing regulations define segregation as 

‘‘the removal for a limited period, subject to valid 

existing rights, of a specified area of the public 

lands from the operation of some or all of the public 

land laws, including the mineral laws, pursuant to 

the exercise by the Secretary of regulatory authority 

for the orderly administration of the public lands.’’ 

43 CFR 2091.0–5(b) 

4See Bryon v. United States, 259 F. 371, 376 (9th 

Cir. 1919); Hopkins v. United States, 414 F.2d 464, 

472 (9th Cir. 1969). 

5See, e.g., Marian Q. Kaiser, 65 I.D. 485 (Nov. 25, 

1958). 

mining claimant to compel some kind of 

payment from the ROW applicant to 

relinquish the mining claim. The 

potential for such a situation exists 

because, while it is relatively easy and 

inexpensive to file a mining claim, it 

can be difficult, time-consuming, and 

costly to prove that the mining claim 

was not properly filed or does not 

contain a valid discovery. Regardless of 

the merits of a particular claim, the 

location of a mining claim in an area 

covered by a ROW application (or 

identified for such an application) 

creates uncertainty that interferes with 

the orderly administration of the public 

lands. This uncertainty makes it 

difficult for the BLM, energy project 

developers, and institutions that finance 

such development to proceed with such 

projects because a subsequently located 

mining claim potentially precludes final 

issuance of the ROW and increases 

project costs, jeopardizing the planned 

energy development. 

For example, the location of a new 

mining claim during the pendency of 

the BLM’s review process for a ROW 

application could preclude the 

applicant from providing a concrete 

proposal for their use and occupancy of 

the public lands. This is because under 

the Mining Law, a ROW cannot 

materially interfere with a previously 

located mining claim. Since all properly 

located claims are treated as valid until 

proven otherwise, the filing of any 

mining claim can substantially delay the 

processing of a ROW application. As a 

result, a ROW applicant could either 

wait for the BLM to determine the 

validity of a claim, or the applicant 

could choose to modify or relocate its 

proposed surface use to avoid conflicts 

with the newly located mining claim, 

leading to additional expense, which 

could jeopardize the renewable energy 

project.2 The BLM’s processing time for 

the ROW application could be 

significantly increased if any changes 

necessitated by the newly located 

mining claim require the BLM to 

undertake any additional analyses, such 

as those required by the National 

Environmental Policy Act 42 U.S.C. 

4321 et seq. (NEPA). Under these 

circumstances, the BLM’s ability to 

administer the public lands in an 

orderly manner is impeded. 

This Interim Rule is needed to 

provide the BLM with the necessary 

authority to ensure the orderly 

administration of the public lands and 

to prevent conflicts between competing 

uses of those lands. By allowing for 

temporary segregation, it will enable the 

BLM to prevent new resource conflicts 

from arising as a result of new mining 

claims that may be located within land 

covered by any currently pending or 

future wind or solar energy generation 

facility ROW applications or in any 

areas identified by the BLM for such 

ROWs pursuant to its ROW regulations. 

Temporary segregation is generally 

sufficient because once a ROW has been 

authorized, subsequently located 

mining claims would be subject to the 

previously authorized use, and any 

future mining claimant would have 

notice of such use. 

The Interim Rule supplements the 

authority contained in 43 CFR subpart 

2091 to allow the BLM to segregate from 

appropriation under the public land 

laws, including location under the 

Mining Law, but not the Mineral 

Leasing Act or the Materials Act, public 

lands included in a pending or future 

wind or solar energy generation ROW 

application or public lands identified by 

the BLM for a wind or solar energy 

generation ROW authorization under 43 

CFR subpart 2804, subject to valid 

existing rights.3 This Interim Rule does 

not affect valid existing rights in mining 

claims located before any segregation 

made pursuant to this Interim Rule. The 

Interim Rule also does not affect ROW 

applications for uses other than wind or 

solar energy generation facilities. 

Segregations under the Interim Rule 

would be accomplished by publishing a 

notice in the Federal Register and 

would be effective upon the date of 

publication. The BLM considered a rule 

that would allow for segregation 

through notation to the public land 

records, but it rejected this approach 

because it would not provide the public 

with the same level of notice that a 

Federal Register notice would 

accomplish. The Interim Rule provides 

for segregation periods of up to 2 years. 

The Interim Rule does not authorize the 

BLM to continue the segregation after a 

final decision on a ROW has been made. 

Finally, not all wind or solar ROW 

applications would lead to a 

segregation, as the BLM may reject some 

applications and others may not require 

segregation because conflicts with 

mining claims are not anticipated. 

Segregation rules, like the Interim 

Rule, have been held to be ‘‘reasonably 

related’’ to the BLM’s broad authority to 

issue rules related to ‘‘the orderly 

administration of the public land 

laws,’’ 4 because they allow the BLM to 

protect an applicant for an interest in 

such lands from ‘‘the assertion by others 

of rights to the lands while the applicant 

is prevented from taking any steps to 

protect’’ its interests because it has to 

wait for the BLM to act on its 

application.5 It is for this purpose that 

existing regulations at 43 CFR subpart 

2091 provide the BLM with the 

discretion to segregate lands that are 

proposed for various types of land 

disposals, such as land sales, land 

exchanges, and transfers of public land 

to local governments and other entities 

under the Recreation and Public 

Purposes Act of 1926. These regulatory 

provisions allowing segregations were 

put in place over the years to prevent 

resource conflicts, including conflicts 

arising from the location of new mining 

claims, which could create 

encumbrances on the title of the public 

lands identified for transfer out of 

Federal ownership under the applicable 

authorities. 

Such a situation occurred in Nevada, 

and the proposed land purchaser chose 

to pay the mining claimant to relinquish 

his claims in order to enable the sale to 

go forward. In fact, in the land sales 

context, the segregative period was 

increased from 270 days to a maximum 

term of 4 years, as it was found that the 

original segregative period was 

insufficient and that conflicting mining 

claims were being located before sales 

could be completed. The Interim Rule 

will provide the BLM the same 

flexibility it currently has for land 

disposals by allowing the BLM to 

temporarily segregate lands that are 

included in pending or future 

applications for solar and wind facility 

ROWs or on lands identified by the 

BLM for such ROWs. This will allow for 

the orderly administration of the public 

lands by eliminating the potential for 

conflicts with mining claims located 

after the BLM publishes a Federal 

Register notice of such ROW 

applications or areas. 

As noted above, the development of 

renewable energy is a high priority for 

the Department of the Interior and the 

BLM. The location of mining claims, 

however, under certain circumstances, 

may impede the BLM’s ability to 

administer the public lands in an 

orderly manner and carry out its 

Congressional and Executive mandate to 

facilitate renewable energy development 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23201 

6 ‘‘Significant regulatory action’’ means any 

regulatory action that is likely to result in a rule that 

may: (1) Have an annual effect on the economy of 

$100 million or more or adversely effect in a 

material way the economy * * *; (2) Create a 

serious inconsistency or otherwise interfere with an 

action taken or planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan programs 

* * *; or (4) Raise novel legal and policy issues 

arising out of legal mandates, the President’s 

priorities, or * * * this Executive Order.’’ Exec. 

Order No. 12866, 58 FR 51738 (Oct. 4, 1993). 

on those lands because the BLM 

currently lacks the ability to maintain 

the status quo on such lands while it is 

processing a ROW application for a 

wind or solar energy generation facility. 

This Interim Rule will help the BLM 

maintain the status quo and prevent 

potential resource use conflicts by 

allowing the BLM to temporarily 

segregate lands being considered for a 

wind or solar energy generation facility. 

Based on these considerations, the BLM 

has determined that it has ‘‘good cause’’ 

under the Administrative Procedure Act 

(APA) to forgo the APA’s normal notice 

and comment requirements and make 

the provisions outlined below effective 

immediately for a temporary period, 

while it conducts a full notice and 

comment rulemaking process on a 

proposed rule, published concurrently 

in today’s Federal Register, that would 

make the segregation authority 

permanent. The proposed rule would 

also allow segregations made under it to 

be extended under certain 

circumstances. 

Under the APA, agencies can 

dispense with the standard notice and 

comment procedures and make a rule 

effective immediately when such 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5 U.S.C. 553(b)(B), 553(d)(3). 

Publishing this Interim Rule for public 

comment prior to its implementation is 

contrary to the public interest because it 

could negate the rule’s very purpose by 

resulting in a potential increase in the 

location of mining claims in areas 

covered by pending ROW applications 

or in areas included in future ROW 

applications prior to those applications 

being acted on by the BLM. The location 

of such mining claims could impede the 

Department’s ability to process those 

ROW applications and potentially 

prevent the Department from meeting 

the renewable energy goals established 

by Congress and the Secretary of the 

Interior. For these reasons and those 

stated above, the BLM finds that it has 

‘‘good cause’’ to publish this rule as an 

interim temporary final rule that is 

effective immediately. Recognizing, 

however, that the ‘‘good cause’’ 

exception is to be used sparingly by 

agencies and limited to circumstances 

in which the delay attributed to the 

notice-and-comment process would do 

genuine harm, the BLM is making this 

Interim Rule effective only on a 

temporary basis—for a period not to 

exceed 2 years. As noted above, the 

BLM published today, in the same issue 

of the Federal Register, a proposed rule 

allowing for the temporary segregation 

of the public lands for the same 

purposes as described in this Interim 

Rule. The Interim Rule will expire after 

2 years or upon the completion of the 

notice and comment rulemaking process 

for the proposed rule, whichever occurs 

first. 

While the comment process on the 

proposed rule involves the same 

regulatory provisions as outlined below, 

the BLM recognizes the importance of 

also receiving public input on this 

Interim Rule. Therefore, the BLM is also 

soliciting, as noted above, public 

comments as a part of this temporary 

interim final rulemaking process. After 

the comment period on the Interim 

Rule, the BLM will review the 

comments received and may issue a 

further temporary final rule with any 

necessary changes, prior to the 

expiration of the 2-year effective period 

for this Interim Rule. 

III. Section-by-Section Analysis 

This Interim Rule revises 43 CFR 

2091.3–1 and 2804.25 by adding 

language that allows the BLM to 

segregate, if the BLM determines it to be 

necessary for the orderly administration 

of the public lands, by publication of a 

Federal Register notice. This authority 

will be limited to public lands included 

in a pending or future wind or solar 

energy ROW application, or public 

lands identified by the BLM for a wind 

or solar energy generation ROW 

authorization under the BLM’s ROW 

regulations. If segregated under this 

rule, such lands, during the limited 

segregation period, will not be subject to 

appropriation under the public land 

laws, including location under the 

Mining Law, but not the Mineral 

Leasing Act or the Materials Act, subject 

to valid existing rights. 

The new language also specifies that 

the segregative effect terminates and the 

lands will automatically reopen to 

appropriation under the public land 

laws, including the mining laws: (1) 

Upon the BLM’s issuance of a decision 

regarding whether to issue a ROW 

authorization for the solar or wind 

energy generation proposal; (2) Upon 

publication of a Federal Register notice 

of termination of the segregation; or (3) 

Without further administrative action at 

the end of the segregation period 

provided for in the Federal Register 

notice initiating the segregation, 

whichever occurs first. The segregation 

would be effective for a period of up to 

2 years. This Interim Rule is only 

effective for a period of 2 years from the 

date of its publication in the Federal 

Register. 

IV. Procedural Matters 

Executive Order 12866, Regulatory 

Planning and Review 

This Interim Rule is not a significant 

regulatory action 6 and is not subject to 

review by the Office of Management and 

Budget under Executive Order 12866. 

The Interim Rule provides the BLM 

with regulatory authority to segregate 

public lands included within a pending 

or future wind or solar energy 

generation ROW application, or public 

lands identified by the BLM for a 

potential future wind or solar energy 

generation ROW authorization, from 

appropriation under the public land 

laws, including location under the 

Mining Law, but not the Mineral 

Leasing Act or the Materials Act, if the 

BLM determines that segregation is 

necessary for the orderly administration 

of the public lands. To assess the 

potential economic impacts, the BLM 

must first make some assumptions 

concerning when and how often this 

segregation authority may be exercised. 

The purpose of any segregation would 

be to allow for the orderly 

administration of the public lands to 

facilitate the development of renewable 

energy resources by avoiding conflicts 

between renewable energy development 

and the location of mining claims. 

Wind—Wind energy ROW site testing 

and development applications are 

widely scattered in many western states. 

Most of the public lands with pending 

wind energy ROW applications are 

currently managed for multiple resource 

use, including being open to mineral 

entry under the mining laws. Over the 

past 2 fiscal years, 437 new mining 

claims were located within wind energy 

ROW application areas in Arizona, 

California, Idaho, Nevada, Oregon, Utah, 

and Wyoming. Based on the BLM’s 

recent experience processing wind 

energy ROW applications, it is 

anticipated that approximately 25 

percent of the lands with current wind 

energy ROW applications will reach the 

processing stage where a Notice of 

Intent (NOI) is issued. Without trying to 

identify specific locations of new 

mining claims located within those 

application areas, we assume a quarter 

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23202 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

7With respect to any particular Plan of Operation 

or Notice that might be filed in areas segregated 

under the Interim Rule, the BLM will separately 

determine, on a case-by-case basis and consistent 

with the requirements of 43 CFR 3809.100(a), 

whether to require a validity determination for such 

Plan and Notice. 

8With respect to any particular Plan of Operation 

or Notice that might be filed in areas segregated 

under the Interim Rule, the BLM will separately 

determine, on a case-by-case basis and consistent 

with the requirements of 43 CFR 3809.100(a), 

of those new mining claims, or 109 new 

mining claims, would be located within 

wind application areas that would be 

segregated under this rule. 

The actual number of claimants 

affected will likely be less than this 

estimate since a single claimant 

typically files and holds multiple 

mining claims. Of the 437 new mining 

claims filed within the wind energy 

ROW application areas in fiscal year 

(FY) 2009 and 2010, there was an 

average of about eight mining claims per 

claimant. Assuming that there was 

nothing unique about the number of 

claims and distribution of claims per 

claimant for FY 2009 and 2010, we 

estimate that 14 entities will be 

potentially precluded from filing new 

mining claims on lands that would be 

segregated within the identified wind 

energy ROW application areas under 

this rule. For these entities the 

economic impacts of the segregation are 

the delay in when they could locate 

their mining claims and a potential 

delay in the development of such claims 

because such development would be 

subject to any approved ROW issued 

during the segregative period. However, 

a meaningful estimate of the value of 

such delays is hard to quantify given the 

available data because it depends on the 

validity and commercial viability of any 

individual claim, and the fact that the 

location of a mining claim is an early 

step in a long process that may 

eventually result in revenue generating 

activity for the claimant. 

The other situation where entities 

might be affected by the segregation 

provision is if a new Plan of Operations 

or Notice is filed with the BLM during 

the 2-year segregation period. In such a 

situation, the BLM has the discretion 

under the Surface Management 

Regulations (43 CFR subpart 3809) to 

require the preparation of a mineral 

examination report to determine if the 

mining claims were valid before the 

lands were segregated before it 

processes the Plan of Operations or 

accepts the filed Notice. If required, the 

operator is responsible to pay the cost 

of the examination and report. 

Within the past 2-year period, five 

Plans of Operations and two Notices 

were filed with the BLM within wind 

ROW application areas. Assuming (1) a 

quarter of those filings would be on 

lands segregated under this rule, (2) the 

number of Plan and Notice filings 

received in the past 2 years is somewhat 

reflective of what might occur within a 

2-year segregation period, and (3) the 

BLM would require mineral 

examination reports to determine claim 

validity on all Plans and Notices filed 

within the segregation period, we 

estimate two entities might be affected 

by this rule change.7

Should the BLM require the 

preparation of mineral examination 

reports to determine claim validity, the 

entity filing the Plan or Notice would be 

responsible for the cost of making that 

validity determination. Understanding 

that every mineral examination report is 

unique and the costs will vary 

accordingly, we assume an average cost 

of $100,000 to conduct the examination 

and prepare the report. Based on the 

number of Plans and Notices filed 

within the wind energy right-of-way 

application areas in FY 2009 and 2010, 

we estimate the total cost of this 

provision could be about $200,000 over 

the 2-year period. 

Solar—As noted above, the primary 

purpose of any segregation under this 

Interim Rule would be to allow for the 

orderly administration of the public 

lands to facilitate the development of 

valuable renewable resources and to 

avoid conflicts between renewable 

energy generation and mining claim 

location. The main resource conflict of 

concern involves mining claims that are 

located after the first public 

announcement that the BLM is 

evaluating a ROW application, and prior 

to when the BLM issues a final decision 

on the ROW application. 

Most of the public lands with pending 

solar energy ROW applications are 

currently managed for multiple resource 

use, including mineral entry under the 

mining laws. Where the BLM segregates 

lands from mineral entry, claimants 

would not be allowed to locate any new 

mining claims during the 2-year 

segregation period. Over the past 2 

years, 216 new mining claims were 

located within solar energy ROW 

application areas. Based on the BLM’s 

recent experience processing solar 

energy ROW applications, it is 

anticipated that approximately 25 

percent of the lands with current solar 

energy ROW applications will reach the 

processing stage where a NOI is issued. 

Without trying to identify which ROWs 

will be granted or the specific locations 

of new mining claims within those 

application areas, we assume a quarter 

of those new mining claims, or 54 new 

mining claims, would be located within 

solar ROW application areas that would 

be segregated under this rule. 

The actual number of claimants 

affected will likely be less than this 

estimate since a single claimant 

typically locates and holds multiple 

mining claims. Of the 216 new mining 

claims located within solar energy ROW 

application areas in the past 2 years, 

there was an average of about eight 

mining claims per claimant. Assuming 

that there was nothing unique about the 

number and distribution of claims per 

claimant for the past 2 years, we 

estimate seven entities would be 

potentially precluded from locating new 

mining claims on lands segregated 

within the identified solar energy ROW 

application areas under the rule change. 

For these entities the economic impacts 

of the segregation are the delay in when 

they can locate their mining claim and 

a potential delay in the development of 

such claim because such development 

would be subject to any approved ROW 

issued during the segregative period. 

However, a meaningful estimate of the 

value of such delays is hard to quantify 

given the available data because it 

depends on the validity and commercial 

viability of any individual claim, and 

the fact that the location of a mining 

claim is an early step in a long process 

that may eventually result in revenue 

generating activity for the claimant. 

The other situation where entities 

might be affected by the segregation 

provisions is where a new Plan of 

Operations or Notice is filed with the 

BLM during the 2-year segregation 

period. In such a situation, the BLM has 

the discretion under the Surface 

Management Regulations (43 CFR 

subpart 3809) to require a mineral 

examination to determine if the mining 

claims were valid before the lands were 

segregated before it approves the Plan of 

Operations or accepts the filed Notice. 

If required, the operator is responsible 

to pay the cost of the examination and 

report. 

Within the past 2-year period, two 

Plans of Operations and two Notices 

were filed with the BLM within solar 

ROW application areas. Assuming (1) a 

quarter of those filings would be on 

lands segregated under this rule, (2) the 

number of Plan and Notice filings 

received in the past 2 years is reflective 

of what might occur within a 2-year 

segregation period, and (3) the BLM 

would require mineral examination 

reports to determine claim validity on 

all Plans and Notices filed within the 

segregation period, we estimate one 

entity might be affected by this rule 

change.8

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23203 

whether to require a validity determination for such 

Plan and Notice. 

Should the BLM require a mineral 

examination to determine claim 

validity, the entity filing the Plan or 

Notice would be responsible for the cost 

of making that validity determination. 

Understanding that every mineral 

examination report is unique and the 

costs will vary accordingly, we assume 

an average cost of $100,000 to conduct 

the examination and prepare the report. 

Based on the number of Plans and 

Notices filed within the solar energy 

ROW application areas in the past 2 

years, we estimate the total cost of this 

provision could be about $100,000 over 

the 2-year period. 

It is not possible to estimate the 

number of future rights-of-way for wind 

or solar energy developments that could 

be filed on areas identified as having 

potential for either of these sources of 

energy. This is because there are many 

variables that could have an impact on 

such filings. Such variables include: 

The quantity and sustainability of wind 

at any one site, the intensity and 

quantity of available sunlight, the 

capability of obtaining financing for 

either wind or solar energy projects, the 

proximity of transmission facilities that 

could be used to carry the power 

generated from a specific wind or solar 

energy ROW project, and the 

topography of the property involved. 

The number of mining claims would 

also be based on speculation as to the 

mineral potential of an area, access to 

markets, potential for profitability, and 

a host of other geologic factors, such as 

type of mineral, depth of the mineral 

beneath the surface, quantity and 

quality of the mineral, and other such 

considerations. 

Based on this analysis, the BLM 

concludes that this Interim Rule will not 

have an annual effect of $100 million or 

more on the economy. It will not 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. This 

Interim Rule does not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. This Interim Rule does 

not alter the budgetary effects of 

entitlements, grants, user fees or loan 

programs or the rights or obligations of 

their recipients; nor does it raise novel 

legal or policy issues. The full economic 

analysis is available at the office listed 

under the ADDRESSES section of this 

preamble. 

Clarity of the Regulation 

Executive Order 12866 requires each 

agency to write regulations that are 

simple and easy to understand. The 

BLM invites your comments on how to 

make this Interim Rule easier to 

understand, including answers to 

questions such as the following: 

1. Are the requirements in the Interim 

Rule clearly stated? 

2. Does the Interim Rule contain 

technical language or jargon that 

interferes with its clarity? 

3. Does the format of the Interim Rule 

(grouping and order of sections, use of 

headings, paragraphing, etc.) aid or 

reduce its clarity? 

4. Would the regulations be easier to 

understand if they were divided into 

more (but shorter) sections? 

5. Is the description of the Interim 

Rule in the SUPPLEMENTARY INFORMATION

section of this preamble helpful in 

understanding the Interim Rule. How 

could this description be more helpful 

in making the Interim Rule easier to 

understand? 

Please send any comments you have 

on the clarity of the regulations to the 

address specified in the ADDRESSES

section. 

National Environmental Policy Act 

The BLM has determined that this 

Interim Rule is administrative in nature 

and involves only procedural changes 

addressing segregation requirements. 

This Interim Rule will result in no new 

surface disturbing activities and 

therefore will have no effect on 

ecological or cultural resources. 

Potential effects from associated wind 

and/or solar ROWs will be analyzed as 

part of the site-specific NEPA analysis 

for those activities. In promulgating this 

rule, the government is conducting 

routine and continuing government 

business of an administrative nature 

having limited context and intensity. 

Therefore, it is categorically excluded 

from environmental review under 

section 102(2)(C) of NEPA, pursuant to 

43 CFR 46.205. The Interim Rule does 

not meet any of the extraordinary 

circumstances criteria for categorical 

exclusions listed at 43 CFR 46.215. 

Pursuant to Council on Environmental 

Quality regulation (40 CFR 1508.4) and 

the environmental policies and 

procedures of the Department, the term 

‘‘categorical exclusion’’ means a category 

of actions which do not individually or 

cumulatively have a significant effect on 

the human environment and which 

have been found to have no such effect 

on procedures adopted by a Federal 

agency and for which, therefore, neither 

an environmental assessment nor an 

environmental impact statement is 

required. 

Regulatory Flexibility Act 

The Congress enacted the Regulatory 

Flexibility Act (RFA) of 1980, as 

amended, 5 U.S.C. 601–612, to ensure 

that Government regulations do not 

unnecessarily or disproportionately 

burden small entities. The RFA requires 

a regulatory flexibility analysis if a rule 

would have a significant economic 

impact, either detrimental or beneficial, 

on a substantial number of small 

entities. The RFA requires agencies to 

analyze the economic impact of 

regulations to determine the extent to 

which there is anticipated to be a 

significant economic impact on a 

substantial number of small entities. We 

anticipate that the Interim Rule could 

potentially affect a few entities that 

might otherwise have located new 

mining claims on public lands covered 

by a wind or solar energy facility ROW 

application currently pending or filed in 

the future. We further anticipate that 

most of these entities will be small 

entities as defined by the Small 

Business Administration; however, we 

do not expect the potential impact to be 

significant. Please see the Economic and 

Threshold Analysis at the address in the 

ADDRESSES section of this rule for 

additional information. Therefore, the 

BLM has determined under the RFA 

that this Interim Rule would not have a 

significant economic impact on a 

substantial number of small entities. A 

copy of the analysis that supports this 

determination is available at the office 

listed under the ADDRESSES section of 

this preamble. 

Small Business Regulatory Enforcement 

Fairness Act 

For the same reasons as discussed 

under the Executive Order 12866, 

Regulatory Planning and Review section 

of this preamble, this Interim Rule is not 

a ‘‘major rule’’ as defined at 5 U.S.C. 

804(2). That is, it would not have an 

annual effect on the economy of $100 

million or more; it would not result in 

major cost or price increases for 

consumers, industries, government 

agencies, or regions; and it would not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. A copy 

of the analysis that supports this 

determination is available at the office 

listed under the ADDRESSES section of 

this preamble. 

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23204 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

Unfunded Mandates Reform Act 

This Interim Rule does not impose an 

unfunded mandate on State, local, or 

tribal governments, in the aggregate, or 

the private sector of $100 million or 

more per year; nor does this Interim 

Rule have a significant or unique effect 

on State, local, or tribal governments. 

The rule imposes no requirements on 

any of these entities. This Interim Rule 

will not have effects approaching $100 

million per year on the government or 

the private sector. Therefore, the BLM 

does not need to prepare a statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.). 

Executive Order 12630, Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights (Takings) 

This Interim Rule is not a government 

action that interferes with 

constitutionally protected property 

rights. This Interim Rule sets out a 

process, by publication of a notice in the 

Federal Register, that could be used to 

segregate public lands included within 

a pending or future solar or wind energy 

generation ROW application, or public 

lands identified by the BLM for a 

potential future wind or solar energy 

generation ROW authorization. This 

segregation would remove public lands 

from the operation of the public land 

laws, including the location of new 

mining claims under the General 

Mining Law, but not the Mineral 

Leasing Act or the Materials Act, for a 

period of up to 2 years in order to 

promote the orderly administration of 

the public lands. Because any 

segregation under this Interim Rule 

would be subject to valid existing rights, 

it does not interfere with 

constitutionally protected property 

rights. Therefore, the Department has 

determined that this Interim Rule does 

not have significant takings implications 

and does not require further discussion 

of takings implications under this 

Executive Order. 

Executive Order 13132, Federalism 

This Interim Rule will not have a 

substantial direct effect on the States, or 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the levels of 

government. It does not apply to States 

or local governments or State or local 

government entities. Therefore, in 

accordance with Executive Order 13132, 

the BLM has determined that this 

Interim Rule does not have sufficient 

Federalism implications to warrant 

preparation of a Federalism Assessment. 

Executive Order 12988, Civil Justice 

Reform 

Under Executive Order 12988, the 

BLM has determined that this Interim 

Rule will not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, the BLM has found that this 

Interim Rule does not include policies 

that have tribal implications. This rule 

applies exclusively to lands 

administered by the BLM. It is not 

applicable to and has no bearing on 

trust or Indian lands or resources, or on 

lands for which title is held in fee status 

by Indian tribes, or on U.S. Governmentowned lands managed by the Bureau of 

Indian Affairs. 

Information Quality Act 

In developing this Interim Rule, the 

BLM did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Section 515 of Pub. L. 106–554). 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

In accordance with Executive Order 

13211, the BLM has determined that 

this Interim Rule is not likely to have a 

significant adverse effect on energy 

supply, distribution, or use, including a 

shortfall in supply, price increase, or 

increased use of foreign supplies. The 

BLM’s authority to segregate lands 

under this rulemaking would be of a 

temporary nature for the purpose of 

encouraging the orderly administration 

of public lands, including the 

generation of electricity from wind and 

solar resources on the public lands. Any 

increase in energy production as a result 

of this rule from wind or solar sources 

is not easily quantified, but the Interim 

Rule is expected to relieve obstacles and 

hindrances to energy development on 

public lands. 

Executive Order 13352—Facilitation of 

Cooperative Conservation 

In accordance with Executive Order 

13352, the BLM has determined that 

this Interim Rule does not impede the 

facilitation of cooperative conservation. 

The rule takes appropriate account of 

and respects the interests of persons 

with ownership or other legally 

recognized interests in land or other 

natural resources; properly 

accommodates local participation in the 

Federal decision-making process; and 

provides that the programs, projects, 

and activities are consistent with 

protecting public health and safety. 

Paperwork Reduction Act 

The Interim Rule does not contain 

information collection requirements that 

the Office of Management and Budget 

must approve under the Paperwork 

Reduction Act of 1995. 

Author 

The principal author of this rule is Jeff 

Holdren, Realty Specialist, Division of 

Lands and Realty, assisted by the 

Division of Regulatory Affairs, 

Washington Office, Bureau of Land 

Management, Department of the 

Interior. 

List of Subjects 

43 CFR Part 2090 

Airports; Alaska; Coal; Grazing lands; 

Indian lands; Public lands; Public 

lands—classification; Public lands— 

mineral resources; Public lands— 

withdrawal; Seashores. 

43 CFR Part 2800 

Communications; Electric power; 

Highways and roads; Penalties; 

Pipelines; Public lands—rights-of-way; 

Reporting and recordkeeping 

requirements. 

For the reasons stated in the preamble 

and under the authorities stated below, 

the BLM amends 43 CFR parts 2090 and 

2800 as follows: 

Subchapter B—Land Resource 

Management (2000) 

PART 2090—SPECIAL LAWS AND 

RULES 

■ 1. The authority citation for part 2090 

continues to read as follows: 

Authority: 43 U.S.C. 1740. 

Subpart 2091—Segregation and 

Opening of Lands 

■ 2. Amend § 2091.3–1 by adding a new 

paragraph (e) to read as follows: 

§ 2091.3–1 Segregation. 

* * * * * 

(e)(1) The Bureau of Land 

Management may segregate, if it finds it 

to be necessary for the orderly 

administration of the public lands, 

lands included in a right-of-way 

application for the generation of 

electrical energy under 43 CFR subpart 

2804 from wind or solar sources. In 

addition, the Bureau of Land 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23205 

Management may also segregate lands 

that it identifies for potential rights-ofway for electricity generation from wind 

or solar sources. Upon segregation, such 

lands will not be subject to 

appropriation under the public lands 

laws, including location under the 

General Mining Law, but not the 

Mineral Leasing Act of 1920 (30 U.S.C. 

181 et seq.) or the Materials Act of 1947 

(30 U.S.C. 601 et seq.). The Bureau of 

Land Management will effect such 

segregation by publishing a Federal 

Register notice that includes a 

description of the lands covered by the 

segregation. The Bureau of Land 

Management may impose a segregation 

in this way on both pending and new 

right-of-way applications. 

(2) The effective date of segregation is 

the date of publication of the notice in 

the Federal Register, and the date of 

termination of the segregation is the 

date that is the earliest of the following: 

(i) Upon issuance of a decision by the 

authorized officer granting, granting 

with modifications, or denying the 

application for a right-of-way; 

(ii) Automatically at the end of the 

segregation period provided for in the 

Federal Register notice initiating the 

segregation, without further action by 

the authorized officer; or 

(iii) Upon publication of a Federal 

Register notice of termination of the 

segregation. 

(3) The segregation period may not 

exceed 2 years from the date of 

publication of the Federal Register 

notice initiating the segregation. 

(4) The effective period of this 

subsection of this part will not exceed 

two years from the date of its 

publication in the Federal Register. 

PART 2800—RIGHTS-OF-WAY UNDER 

THE FEDERAL LAND POLICY AND 

MANAGEMENT ACT 

■ 3. The authority citation for part 2800 

continues to read as follows: 

Authority: 43 U.S.C. 1733, 1740, 1763, and 

1764. 

Subpart 2804—Applying for FLPMA 

Grants 

■ 4. Amend § 2804.25 by adding a new 

paragraph (e) to read as follows: 

§ 2804.25 How will BLM process my 

application? 

* * * * * 

(e)(1) The BLM may segregate, if it 

finds it to be necessary for the orderly 

administration of the public lands, 

lands included within a right-of-way 

application under 43 CFR subpart 2804 

for the generation of electricity from 

wind or solar sources. In addition, the 

BLM may also segregate public lands 

that it identifies for potential rights-ofway for electricity generation from wind 

or solar sources under the BLM’s rightof-way regulations. Upon segregation, 

such lands will not be subject to 

appropriation under the public land 

laws, including location under the 

General Mining Law, but not from the 

Mineral Leasing Act of 1920 (30 U.S.C. 

181 et seq.) or the Materials Act of 1947 

(30 U.S.C. 601 et seq.). The BLM will 

effect such segregation by publishing a 

Federal Register notice that includes a 

description of the lands covered by the 

segregation. The Bureau of Land 

Management may impose a segregation 

in this way on both pending and new 

right-of-way applications. 

(2) The segregative effect of the 

Federal Register notice terminates on 

the date that is the earliest of the 

following: 

(i) Upon issuance of a decision by the 

authorized officer granting, granting 

with modifications, or denying the 

application for a right-of-way; 

(ii) Automatically at the end of the 

segregation period provided for in the 

Federal Register notice initiating the 

segregation, without further action by 

the authorized officer; or 

(iii) Upon publication of a Federal 

Register notice of termination of the 

segregation. 

(3) The segregation period may not 

exceed 2 years from the date of 

publication of the Federal Register 

notice initiating the segregation. 

(4) The effective period of this 

subsection of this part will not exceed 

two years from the date of its 

publication in the Federal Register. 

Dated: April 6, 2011. 

Wilma A. Lewis, 

Assistant Secretary of the Interior, Land and 

Minerals Management. 

[FR Doc. 2011–10019 Filed 4–25–11; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XA360 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Reopening of the Commercial Sector 

for Vermilion Snapper in the South 

Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening. 

SUMMARY: NMFS reopens the 

commercial sector for South Atlantic 

vermilion snapper in the exclusive 

economic zone (EEZ). NMFS previously 

determined the quota for the 

commercial sector would be reached by 

March 10, 2011, and closed the 

commercial sector for vermilion snapper 

in the South Atlantic. The latest 

estimates for landings indicate the quota 

was not reached by that date. 

Consequently, NMFS will reopen the 

commercial sector for 7 days. The 

purpose of this action is to allow the 

commercial sector to maximize harvest 

benefits and at the same time protect the 

vermilion snapper resource. 

DATES: The reopening is effective 12:01 

a.m., local time, May 1, 2011, until 

12:01 a.m., local time, on May 8, 2011. 

The commercial sector will then be 

closed until the end of the current 

fishing period, 12:01 a.m., local time, 

July 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper 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 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial quota for vermilion 

snapper in the South Atlantic is 315,523 

lb (143,119 kg) for the current fishing 

period, January 1 through June 30, 2011, 

as specified in 50 CFR 622.42(e)(4)(i). 

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