Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78929 

Lakes. However, we have established 

special load line regimes whereby 

certain river barges may operate on 

select Great Lakes routes under limited 

conditions. These are conditional 

exemptions: The barges are exempted 

from the normal Great Lakes load line 

requirement only if they comply with 

the specified provisions for the route. 

On all routes, the tows are restricted to 

not more than 5 nautical miles from 

shore. And because river barges are not 

as robustly constructed as vessels 

designed for Great Lakes service, certain 

weather restrictions pertain to the routes 

in order to ensure the safety of the tow. 

It is up to the tow master to review the 

weather forecast and interpret it against 

the particular weather restrictions for 

the route. 

In reviewing marine weather forecast 

services for the routes, the National 

Weather Service (NWS) Nearshore 

Marine Forecasts for Lake Michigan 

were identified as providing localized 

forecasts for the specific waters covered 

by the exemption routes. The Nearshore 

forecast waters are a 5-mile wide 

corridor along the Lake shoreline. This 

corridor is further divided into 

coastwise zones: There are five zones 

between Milwaukee and Calumet, two 

zones between Calumet and Burns 

Harbor, and seven zones beyond Burns 

Harbor to Muskegon. The Nearshore 

forecast takes into account wind 

direction and speed for these zones, and 

the resulting wave conditions expected 

over the forecast period. 

In addition to geographic coverage, 

the general ‘‘Small Craft Advisory’’ 

(SCA) threshold conditions for the Great 

Lakes are sustained winds or gusts 

between 22 and 33 knots inclusive, and/ 

or seas or waves greater than 4 feet. 

Small Craft Advisories may also be 

issued when lake ice exists that could 

be hazardous to small boats. 

Although river barges are not 

customary small craft, the SCA 

threshold conditions align closely with 

the weather limits for the routes that 

have been in effect with the interim 

regulations. While the SCA wind range 

is higher than the interim regulation’s 

wind limits, the compensating factor is 

that the effects of the winds are 

analyzed for wave conditions in the 

Nearshore zones, as opposed to an open 

Lake forecast. We believe that this will 

lead to more-accurate wave forecasts 

within the Nearshore waters actually 

transited by the tows. 

In this regard, we believe that the use 

of the SCA is also a reasonable 

clarification of the ‘‘fair weather 

conditions’’ for the Burns Harbor route, 

since the zone forecast similarly 

considers the effect of wind direction on 

wave heights along that route. 

For these reasons, the final rule 

substituted SCA conditions as the 

limiting weather criteria for all routes 

because they align closely with the 

interim weather limitations, and offer 

the benefit of simplifying and clarifying 

the weather restrictions without 

adversely affecting any operations. 

Since publishing the final rule, 

however, the Coast Guard has received 

several comments from operators 

contending that the use of SCA criteria 

would reduce the number of operational 

days on the Burns Harbor route. 

Therefore, in order to provide operators 

with an opportunity to comment 

specifically on that issue, the Coast 

Guard is delaying the implementation of 

the SCA weather criteria and reopening 

the comment period. Meanwhile, the 

weather limitations that are in the 

present regulations, as summarized in 

original Table 45.171, will remain in 

effect during the delay period. All other 

revisions in the final rule enter into 

force on December 20, 2010. 

Request for Public Comment 

The Coast Guard is soliciting public 

comment on the weather limitations for 

these routes. Comments are particularly 

requested in regard to the following 

issues: 

• Suitability of the Nearshore SCA for 

the limiting weather conditions. 

• Alternative limiting conditions if 

SCA conditions are considered 

excessive or otherwise inappropriate. 

We are also interested in comments 

regarding operator practices and 

interpretation of the ‘‘fair weather’’ 

requirement for the Burns Harbor route 

found in the interim regulations. 

This notice is issued under authority 

of 5 U.S.C. 553. 

Dated: December 13, 2010. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards. 

[FR Doc. 2010–31699 Filed 12–16–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–XZ20 

Fraser River Sockeye Salmon 

Fisheries; Inseason Orders 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary orders; inseason 

orders; request for comments. 

SUMMARY: NMFS publishes Fraser River 

salmon inseason orders to regulate 

salmon fisheries in U.S. waters. The 

orders were issued by the Fraser River 

Panel (Panel) of the Pacific Salmon 

Commission (Commission) and 

subsequently approved and issued by 

NMFS during the 2010 salmon fisheries 

within the U.S. Fraser River Panel Area. 

These orders established fishing dates, 

times, and areas for the gear types of 

U.S. treaty Indian and all citizen 

fisheries during the period the Panel 

exercised jurisdiction over these 

fisheries. 

DATES: The effective dates for the 

inseason orders are set out in this 

document under the heading Inseason 

Orders. Comments will be accepted 

through January 3, 2011. 

ADDRESSES: You may submit comments, 

identified by 0648–XZ20 by any one of 

the following methods: 

Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

Fax: 206–526–6736. 

Mail: NMFS NWR, 7600 Sand Point 

Way, NE., Seattle, WA 98115. 

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 submit 

Confidential Business Information or 

otherwise sensitive or protected 

information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Busby, by phone at 206–526– 

4323, peggy.busby@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Treaty between the Government of the 

United States of America and the 

Government of Canada concerning 

Pacific Salmon was signed at Ottawa on 

January 28, 1985, and subsequently was 

given effect in the United States by the 

Pacific Salmon Treaty Act (Act) at 16 

U.S.C. 3631–3644. 

Under authority of the Act, Federal 

regulations at 50 CFR part 300, subpart 

F provide a framework for the 


srobinson on DSKHWCL6B1PROD with RULES
78930 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 

implementation of certain regulations of 

the Commission and inseason orders of 

the Commission’s Fraser River Panel for 

U.S. sockeye salmon fisheries in the 

Fraser River Panel Area. 

The regulations close the U.S. portion 

of the Fraser River Panel Area to U.S. 

sockeye salmon fishing unless opened 

by Panel orders that are given effect by 

inseason regulations published by 

NMFS. During the fishing season, NMFS 

may issue regulations that establish 

fishing times and areas consistent with 

the Commission agreements and 

inseason orders of the Panel. Such 

orders must be consistent with domestic 

legal obligations and are issued by 

Regional Administrator, Northwest 

Region, NMFS. Official notification of 

these inseason actions is provided by 

two telephone hotline numbers 

described at 50 CFR 300.97(b)(1) and in 

75 FR 24482 (May 5, 2010). The 

inseason orders are published in the 

Federal Register as soon as practicable 

after they are issued. Due to the 

frequency with which inseason orders 

are issued, publication of individual 

orders is impractical. Therefore, the 

2010 orders are being published in this 

single document to avoid fragmentation. 

Inseason Orders 

The following inseason orders were 

adopted by the Panel and issued for U.S. 

fisheries by NMFS during the 2010 

fishing season. Each of the following 

inseason actions was effective upon 

announcement on telephone hotline 

numbers as specified at 50 CFR 

300.97(b)(1) and in 75 FR 24482 (May 5, 

2010); those dates and times are listed 

herein. The times listed are local times, 

and the areas designated are Puget 

Sound Management and Catch 

Reporting Areas as defined in the 

Washington State Administrative Code 

at Chapter 220–22. 

Order Number 2010–01: Issued 12:30 

p.m., July 27, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5 and 6C: Open to drift 

gillnets from 12 noon, Thursday, July 

29, 2010 to 12 noon, Saturday, July 31, 

2010. 

Order Number 2010–02: Issued 1 p.m., 

July 30, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Opening 

extended for drift gillnets from 12 noon, 

Saturday, July 31, 2010 to 12 noon, 

Wednesday, August 4, 2010. 

Order Number 2010–03: Issued 1 p.m., 

August 3, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Opening 

extended for drift gillnets from 12 noon, 

Wednesday, August 4, 2010 to 12 noon, 

Saturday, August 7. 

Areas 6, 7 and 7A: Open to net fishing 

from 5 a.m., Friday, August 6, 2010 to 

5 a.m., Sunday, August 8, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 5 a.m. to 9 p.m., Sunday, August 

8, 2010. 

Areas 7 and 7A: Open to reefnets from 

5 a.m. to 9 p.m., Sunday, August 8, 

2010. 

Areas 7 and 7A: Open to gillnets from 

8 a.m. to 11:59 p.m. (midnight), Sunday, 

August 8, 2010. 

Order Number 2010–04: Issued 1:30 

p.m., August 6, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Opening 

extended for drift gillnets from 12 noon, 

Saturday, August 7, 2010 to 12 noon, 

Tuesday, August 10, 2010. 

Order Number 2010–05: Issued 2 p.m., 

August 15, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Open to drift 

gillnets from 6 p.m., Sunday, August 15, 

2010 to 12 noon, Wednesday, August 

18, 2010. 

Areas 6, 7, and 7A: Open to net 

fishing from 5 a.m., Wednesday, August 

18, 2010, to 9 p.m., Wednesday, August 

18, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 8 a.m., Tuesday, August 17, 2010, 

to 4 p.m., Tuesday, August 17, 2010. 

Areas 7 and 7A: Open to reefnets from 

8 a.m., Tuesday, August 17, 2010, to 

4 p.m., Tuesday, August 17, 2010. 

Areas 7 and 7A: Open to gillnets from 

3 p.m., Tuesday, August 17, 2010, to 

11 p.m., Tuesday, August 17, 2010. 

Order Number 2010–06: Issued 

1:30 p.m., August 17, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Opening 

extended for drift gillnets from 

12 noon, Wednesday, August 18, 2010, 

to 12 noon, Friday, August 20, 2010. 

Areas 6, 7, and 7A: Opening extended 

for net fishing from 9 p.m., Wednesday, 

August 18, 2010, to 9 a.m., Thursday, 

August 19, 2010. 

Order Number 2010–07: Issued 2 p.m., 

August 20, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Open to drift 

gillnets from 3 p.m., Friday, August 20, 

2010, to 12 noon, Wednesday, August 

25, 2010. 

Areas 6, 7, and 7A: Open to net 

fishing from 5 a.m., Sunday, August 22, 

2010, to 9 a.m., Wednesday, August 25, 

2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 11 a.m. to 5 p.m., Saturday, August 

21, 2010, in the area southerly and 

easterly of a straight line drawn from 

Iwersen’s Dock on Point Roberts in the 

State of Washington to the Georgina 

Point Light at the entrance to Active 

Pass in the province of British 

Columbia. 

Areas 7 and 7A: Open to reefnets from 

5 a.m. to 9 p.m., Saturday, August 21, 

2010. 

Areas 7 and 7A: Open to gillnets from 

8 a.m. to 11:59 p.m. (midnight), 

Saturday, August 21, 2010. 

Order Number 2010–08: Issued 

1:30 p.m., August 24, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Extended for 

drift gillnets from 12 noon, Wednesday, 

August 25, 2010 to 12 noon, Saturday, 

August 28, 2010. 

Areas 6, 7, and 7A: Open to net 

fishing from 5 a.m., Thursday, August 

26, 2010, to 9 a.m., Sunday, August 29, 

2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 5 a.m. to 9 p.m., Wednesday, 

August 25, 2010. 

Areas 7 and 7A: Open to reefnets from 

5 a.m. to 9 p.m., Wednesday, August 25, 

2010, and from 5 a.m. to 9 p.m., 

Thursday, August 26, 2010. 

Areas 7 and 7A: Open to gillnets from 

8 a.m. to 11:59 p.m. (midnight), 

Wednesday, August 25, 2010. 

Order Number 2010–09: Issued 

12:30 p.m., August 27, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Extend for drift 

gillnets from 12 noon, Saturday, August 

28, 2010, through 12 noon, Wednesday, 

September 1, 2010. 

Areas 6, 7, and 7A: Extend for net 

fishing from 9 a.m., Sunday, August 29, 

2010, through 9 a.m., Monday, August 

30, 2010. Open to net fishing from 

5 a.m., Tuesday, August 31, 2010, 

through 9 a.m., Wednesday, September 

1, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 5 a.m. to 9 p.m., Monday, August 

30, 2010. 

Areas 7 and 7A: Open to reefnets from 

5 a.m. to 9 p.m., Monday, August 30, 

2010, and from 5 a.m. to 9 p.m., 

Tuesday, August 31, 2010. 

Areas 7 and 7A: Open to gillnets from 

8 a.m. to 11:59 p.m. (midnight), 

Monday, August 30, 2010. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations 78931 

Order Number 2010–10: Issued 

12:30 p.m., August 31, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Extend for drift 

gillnets from 12 noon, Wednesday, 

September 1, 2010, through 12 noon, 

Saturday, September 4, 2010. 

Areas 6, 7, and 7A: Extend for net 

fishing from 9 a.m., Wednesday, 

September 1, 2010 through 9 a.m., 

Friday, September 3, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 9 a.m. through 9 p.m., Friday, 

September 3, 2010, in the area southerly 

and easterly of a straight line drawn 

from Iwersen’s dock on Point Roberts in 

the State of Washington to the Georgina 

Point Light at the entrance to Active 

Pass in the Province of British 

Columbia. 

Areas 7 and 7A: Open to reefnets from 

5 a.m. to 9 p.m., Friday, September 3, 

2010. 

Areas 7 and 7A: Open to gillnets from 

8 a.m. to 11:59 p.m. (midnight), Friday, 

September 3, 2010. 

Order Number 2010–11: Issued 12 noon, 

September 3, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Extend for drift 

gillnets from 12 noon, Saturday, 

September 4, 2010, through 12 noon, 

Wednesday, September 8, 2010. 

Areas 6, 7, and 7A: Open for net 

fishing from 5 a.m., Saturday, 

September 4, 2010, through 9 a.m., 

Wednesday, September 8, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to reefnets 

daily from 5 a.m. to 9 p.m., from 

Saturday, September 4, 2010, through 

Tuesday, September 7, 2010. 

Order Number 2010–12: Issued 2 p.m., 

September 7, 2010 

Treaty Indian Fisheries: 

Areas 4B, 5, and 6C: Extend for drift 

gillnets from 12 noon, Wednesday, 

September 8, 2010, through 11:59 p.m. 

(midnight), Saturday, September 11, 

2010. 

Areas 6, 7, and 7A: Open for net 

fishing from 5 a.m., Thursday, 

September 9, 2010, through 9 a.m., 

Saturday, September 11, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open to purse seines 

from 5 a.m. through 9 p.m., Wednesday, 

September 8, 2010. 

Areas 7 and 7A: Open to reefnets 

daily from 5 a.m. to 9 p.m., from 

Wednesday, September 8, 2010, through 

Friday, September 10, 2010. 

Areas 7 and 7A: Open to gillnets from 

8:15 a.m. to 11:59 p.m. (midnight), 

Wednesday, September 8, 2010. 

Order Number 2010–13: Issued 12 noon, 

September 10, 2010 

Treaty Indian Fisheries: 

Areas 6, 7, and 7A: Extend for net 

fishing through 9 a.m., Tuesday, 

September 14, 2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Extend for reefnets 

daily, from 5 a.m. to 9 p.m., through 

Friday, September 17, 2010. 

Order Number 2010–14: Issued 12 noon, 

September 14, 2010 

Treaty Indian Fisheries: 

Areas 6, 7, and 7A: Open for net 

fishing from 5 a.m., Thursday, 

September 16, 2010, through 11:59 p.m. 

(midnight), Saturday, September 18, 

2010. 

All Citizen Fisheries: 

Areas 7 and 7A: Open for reefnets 

from 5 a.m. to 9 p.m., Saturday, 

September 18, 2010. 

Classification 

The Assistant Administrator for 

Fisheries NOAA (AA), finds that good 

cause exists for the inseason orders to be 

issued without affording the public 

prior notice and opportunity for 

comment under 5 U.S.C. 553(b)(B) as 

such prior notice and opportunity for 

comments is impracticable and contrary 

to the public interest. Prior notice and 

opportunity for public comment is 

impracticable because NMFS has 

insufficient time to allow for prior 

notice and opportunity for public 

comment between the time the stock 

abundance information is available to 

determine how much fishing can be 

allowed and the time the fishery must 

open and close in order to harvest the 

appropriate amount of fish while they 

are available. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date, required under 5 U.S.C. 553(d)(3), 

of the inseason orders. A delay in the 

effective date of the inseason orders 

would not allow fishers appropriately 

controlled access to the available fish at 

that time they are available. 

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 3636(b). 

Dated: December 14, 2010. 

Brian W. Parker, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–31757 Filed 12–16–10; 8:45 am] 

BILLING CODE 3510–22–P 


srobinson on DSKHWCL6B1PROD with RULES