Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Proposed Rules 10449 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposed to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0050 to read as 

follows: 

§ 165.T05–0050 Security Zone; Potomac 

River, Washington Channel, Washington, 

DC. 

(a) Location. The following area is a 

security zone: all waters of the 

Washington Channel, from shoreline to 

shoreline, bounded on the north along 

latitude 38°52′03′′ N and bounded on 

the south along latitude 38°51′50′′ N 

(North American Datum 1983). 

(b) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the security zone 

described in paragraph (a) of this 

section. 

(c) Regulations. (1) The general 

security zone regulations found in 33 

CFR 165.33 apply to the security zone 

created by this temporary section, 

§ 165.T05–0050. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. Vessels already at berth, 

mooring, or anchor at the time the 

security zone is implemented do not 

have to depart the security zone. All 

vessels underway within this security 

zone at the time it is implemented are 

to depart the zone. 

(3) Persons desiring to transit the area 

of the security zone must first request 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

lights, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. through 5 

p.m. on May 25, 2010. 

Dated: February 24, 2010. 

Mark P. O’Malley, 

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

Port Baltimore Maryland. 

[FR Doc. 2010–4808 Filed 3–5–10; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0850; FRL–9123–9] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Revisions to Chapter 116 Which Relate 

to the Application Review Schedule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Texas State 

Implementation Plan (SIP) submitted by 

the State of Texas to EPA on September 

25, 2003 and January 24, 2008. The 

portions of the SIP revisions proposed 

today address requirements found under 

Title 30 in the Texas Administrative 

Code (TAC), Chapter 116—Control of 

Air Pollution by Permits for New 

Construction or Modification, Section 

114—Application Review Schedule. 

The proposed revisions; amends the 

requirements related to the voiding of a 

permit or permit amendment; and 

implements the requirements of House 

Bill 3732, 80th Legislature (2007), and 

the Texas Health and Safety Code, 

section 382.0566, concerning specific 

deadlines for review and issuance of air 

quality permits for Advanced Clean 

Energy Projects (ACEP). EPA has 

determined that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being taken under section 

110 and parts C and D of the Act. 

DATES: Comments must be received on 

or before April 7, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Jeff Robinson, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposal, please contact Ms. Melanie 

Magee (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 

Suite 1200, Dallas, TX 75202–2733. The 

telephone number is (214) 665–7161. 

Ms. Magee can also be reached via 

electronic mail at 

magee.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no relevant 

adverse comments. A detailed rationale 

for the approval is set forth in the direct 

final rule. If no relevant adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives relevant 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of the rule, and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
10450 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Proposed Rules 

Dated: February 24, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–4832 Filed 3–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100204079–0084–01] 

RIN 0648–XQ49 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fisheries; 

2010 Atlantic Bluefish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes specifications 

for the 2010 Atlantic bluefish fishery, 

including State-by-State commercial 

quotas, a recreational harvest limit, and 

recreational possession limits for 

Atlantic bluefish off the east coast of the 

United States. The intent of these 

specifications is to establish the 

allowable 2010 harvest levels and 

possession limits to attain the target 

fishing mortality rate (F), consistent 

with the Atlantic Bluefish Fishery 

Management Plan (FMP). 

DATES: Comments must be received on 

or before March 23, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XQ49, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal: http:// 

www.regulations.gov, 

• Fax: (978) 281–9135, Attn: Regional 

Administrator. 

• Mail and Hand Delivery: Patricia A. 

Kurkul, Regional Administrator, NMFS, 

Northeast Regional Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope: 

‘‘Comments on 2010 Bluefish 

Specifications.’’ 

• Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. 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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the specifications 

document, including the Environmental 

Assessment and Initial Regulatory 

Flexibility Analysis (EA/IRFA) and 

other supporting documents for the 

specifications, are available from Daniel 

Furlong, Executive Director, MidAtlantic Fishery Management Council, 

Room 2115, Federal Building, 300 South 

Street, Dover, DE 19901–6790. The 

specifications document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Management 

Specialist, (978) 281–99257. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic bluefish fishery is 

managed cooperatively by the MidAtlantic Fishery Management Council 

(Council) and the Atlantic States Marine 

Fisheries Commission (Commission). 

The management unit for bluefish 

specified in the FMP is U.S. waters of 

the western Atlantic Ocean. Regulations 

implementing the FMP appear at 50 

CFR part 648, subparts A and J. 

Regulations requiring annual 

specifications are found at § 648.160. 

The FMP requires the Council to 

recommend, on an annual basis, a total 

allowable catch (TAC) and total 

allowable landings (TAL) that will 

control fishing mortality. An estimate of 

annual discards is deducted from the 

TAC to calculate the TAL that can be 

made during the year by the commercial 

and recreational fishing sectors 

combined. The TAL is composed of a 

commercial quota (allocated to the 

States from Maine to Florida in 

specified shares) and a coastwide 

recreational harvest limit (RHL). A 

research set-aside (RSA) quota is 

deducted from the bluefish TAL (after 

any applicable transfer) in an amount 

proportional to the percentage of the 

overall TAL as allocated to the 

commercial and recreational sectors. 

The annual review process for 

bluefish requires that the Council’s 

Bluefish Monitoring Committee 

(Monitoring Committee) and Scientific 

and Statistical Committee (SSC) review 

and make recommendations based on 

the best available data, including, but 

not limited to, commercial and 

recreational catch/landing statistics, 

current estimates of fishing mortality, 

stock abundance, discards for the 

recreational fishery, and juvenile 

recruitment. Based on the 

recommendations of the Monitoring 

Committee and SSC, the Council makes 

a recommendation to the Northeast 

Regional Administrator (RA). Because 

this FMP is a joint plan, the 

Commission also meets during the 

annual specification process to adopt 

complementary measures. 

The Council’s recommendations must 

include supporting documentation 

concerning the environmental, 

economic, and social impacts of the 

recommendations. NMFS is responsible 

for reviewing these recommendations to 

assure they achieve the FMP objectives, 

and may modify them if they do not. 

NMFS then publishes proposed 

specifications in the Federal Register. 

After considering public comment, 

NMFS will publish final specifications 

in the Federal Register. 

In July 2009, the Monitoring 

Committee and SSC met to discuss the 

updated estimates of bluefish stock 

biomass and project fishery yields for 

2010. In August 2009, the Council 

approved the Monitoring Committee 

and SSC’s recommendations, and the 

Commission’s Bluefish Board (Board) 

adopted complementary management 

measures. 

Proposed Specifications 

Updated Model Estimates 

According to Amendment 1 to the 

FMP (Amendment 1), overfishing for 

bluefish occurs when F exceeds the 

fishing mortality rate that allows 

maximum sustainable yield (FMSY), or 

the maximum F threshold to be 

achieved. The stock is considered 

overfished if the biomass (B) falls below 

the minimum biomass threshold, which 

is defined as 1⁄2 BMSY. Amendment 1 

also established that the long-term target 

F is 90 percent of FMSY (FMSY = 0.19, 

therefore Ftarget = 90 percent of FMSY = 

0.17), and the long-term target B is BMSY

= 324 million lb (146,964 mt). 

An age-structured assessment 

program (ASAP) model for bluefish was 

approved by the 41st Stock Assessment 

Review Committee (SARC 41) in 2005 to 

estimate F and annual biomass. In June 

2009, the ASAP model was updated in 

order to estimate the current status of 

the bluefish stock (i.e., 2008 biomass 

and F estimates) and enable the 

Monitoring Committee and SSC to 

recommend 2010 specifications using 

landings information and survey indices 


srobinson on DSKHWCL6B1PROD with PROPOSALS