Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19943 

■ a. In paragraph (c)(1), remove the 

words ‘‘The average and individual 

results of testing the minimum number 

of samples prescribed by § 160.076– 

25(d)(2)’’ and add, in their place, the 

words ‘‘The materials in each inflatable 

chamber’’; and remove the words 

‘‘§ 160.076–21(b) and (c)’’ and add, in 

their place, the words ‘‘Table 29.1 of UL 

1191 (incorporated by reference, see 

§ 160.076–11)’’; 

■ b. In paragraph (c)(2), remove the 

words ‘‘§ 160.076–21(d)(2)(iv). The 

results for each inflation chamber must 

be at least 90% of the results obtained 

in approval testing’’ and add, in their 

place, the words ‘‘Table 29.1 of UL 

1191’’; 

■ c. In paragraph (c)(3), after the words 

‘‘UL 1180’’, add the words 

‘‘(incorporated by reference, see 

§ 160.076–11)’’, and remove the number 

‘‘7.15’’, and add, in its place, the 

number ‘‘41’’; 

■ d. In paragraph (c)(4), after the words 

‘‘UL 1180 section’’, remove the number 

‘‘7.16’’, and add, in its place, the 

number ‘‘42’’; 

■ e. In paragraph (c)(5), after the words 

‘‘UL 1180 section’’, remove the words 

‘‘7.2.2–7.2.10, except 7.2.5’’ and add, in 

their place, the number ‘‘29’’; and 

■ f. In paragraph (c)(6), after the words 

‘‘UL 1180 section’’, remove the words 

‘‘7.4.1 and .2’’ and add, in their place, 

the number ‘‘31’’. 

§ 160.076–35 [Amended] 

■ 12. Amend § 160.076–35 by adding 

the words ‘‘(incorporated by reference, 

see § 160.076–11)’’ after the words ‘‘UL 

1123’’. 

§ 160.076–37 [Amended] 

■ 13. Amend § 160.076–37(b) by 

removing the words ‘‘section 11 of’’ 

after the words ‘‘specified in’’ and by 

adding the words ‘‘(incorporated by 

reference, see § 160.076–11)’’ after the 

words ‘‘UL 1180’’. 

§ 160.076–39 [Amended] 

■ 14. Amend § 160.076–39 as follows: 

■ a. In paragraph (a), remove the words 

‘‘section 10’’ and add, in their place, the 

words ‘‘(incorporated by reference, see 

§ 160.076–11)’’; and 

■ b. Remove paragraph (e). 

Dated: March 22, 2012. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–7791 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 10 

[Docket No. DOT–OST–1996–1437] 

RIN 2105–AD85 

Privacy Act of 1974: Implementation of 

Exemptions; DOT/ALL 24— 

Departmental Office of Civil Rights 

System System of Records 

AGENCY: Department of Transportation 

(DOT), Office of the Secretary (OST). 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is issuing a final rule to 

amend its regulations to exempt 

portions of a newly established or 

updated and reissued system of records 

titled, ‘‘DOT/ALL 24—Departmental 

Office of Civil Rights System’’ from 

certain provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the ‘‘DOT/ALL 24— 

Departmental Office of Civil Rights 

System’’ from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

DATES: This final rule is effective April 

3, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Claire W. Barrett, Departmental Chief 

Privacy Officer, Office of the Chief 

Information Officer, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590 or 

privacy@dot.gov or (202) 366–8135. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Transportation 

(DOT), Office of the Secretary (OST) 

published a notice of proposed 

rulemaking in the Federal Register (76 

FR 71930) November 21, 2011, 

proposing to exempt portions of the 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. The system 

of records that is the subject of the 

notice of proposed rulemaking is the 

DOT/ALL 24—Departmental Office of 

Civil Rights System of Records. The 

DOT/ALL 24—Departmental Office of 

Civil Rights System system of records 

notice was published in the Federal 

Register (76 FR 71108) November 16, 

2011, and comments were invited on 

both the Notice of Proposed Rulemaking 

(NPRM) and System of Records Notice 

(SORN). The notice of proposed 

rulemaking was inadvertently published 

under RIN 2105–AD11, and was entitled 

‘‘Maintenance of and Access to Records 

Pertaining to Individuals; Proposed 

Exemption.’’ In addition, the notice of 

proposed rulemaking indicated that the 

proposed rule would add a new 

paragraph 8 to Part II.A of the Appendix 

to Part 10. The notice of proposed 

rulemaking should have stated that the 

proposed rule would add a new 

paragraph 9 to Part II.A of the Appendix 

to Part 10. The final rule has been 

revised accordingly. 

Public Comments 

DOT received no comments on the 

NPRM and no comments on the SORN. 

Regulatory Analysis and Notices 

This final rule is not a ‘‘significant 

regulatory action’’ within the meaning 

of Executive Order 12886. It is also not 

significant within the definition in 

DOT’s Regulatory Policies and 

Procedures, 49 FR 11034 (1979), in part 

because it does not involve any change 

in important Departmental policies. 

Because the economic impact should be 

minimal, further regulatory evaluation 

is not necessary. Moreover, I certify that 

this rule does not have a significant 

economic impact on a substantial 

number of small entities, because the 

reporting requirements, themselves, are 

not changed and because it applies only 

to information on individuals that is 

maintained by the Federal Government. 

This rule does not significantly affect 

the environment, and therefore an 

environmental impact statement is not 

required under the National 

Environmental Policy Act of 1969. It has 

also been reviewed under Executive 

Order 12612, Federalism, and it has 

been determined that it does not have 

sufficient implications for federalism to 

warrant preparation of a Federalism 

Assessment. 

This rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because it has no effect on Indian Tribal 

Governments, the funding and 

consultation requirements of Executive 

Order 13084 do not apply. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines that a rule is not expected to 

have a significant economic impact on 

a substantial number of small entities. I 

hereby certify that this rule does not 

have a significant economic impact on 

a substantial number of small entities. 

This rule imposes no new information 

reporting or record keeping 

necessitating clearance by the Office of 


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19944 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

Management and Budget. The 

Department has determined that the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply to this document. 

List of Subjects in 49 CFR Part 10 

Privacy. 

In consideration of the foregoing, DOT 

amends Part 10 of Title 49, Code of 

Federal Regulations, as follows: 

PART 10—[AMENDED] 

■ 1. The authority citation for part 10 

continues to read as follows: 

Authority: 5 U.S.C. 552a; 49 U.S.C. 322. 

■ 2. The appendix to part 10 is amended 

by republishing Part II, A introductory 

text and adding paragraph 9 to read as 

follows: 

Appendix to Part 10—Exemptions. 

* * * * * 

Part II. Specific Exemptions 

A. The following systems of records 

are exempt from subsection (c)(3) 

(Accounting of Certain Disclosures), (d) 

(Access to Records), (e)(4)(G), (H), and 

(I) (Agency Requirements), and (f) 

(Agency Rules) of 5 U.S.C. 552a, to the 

extent that they contain investigatory 

material compiled for law enforcement 

purposes, in accordance 5 U.S.C. 

552a(k)(2): 

* * * * * 

9. Departmental Office of Civil Rights 

System (DOCRS). 

* * * * * 

Issued in Washington, DC, on February 22, 

2012. 

Nitin Pradhan, 

Chief Information Officer. 

[FR Doc. 2012–7980 Filed 4–2–12; 8:45 am] 

BILLING CODE 4910–62–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120316196–2195–01] 

RIN 0648–BB89 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Interim Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures; request for comments. 

SUMMARY: This temporary rule 

implements interim Gulf of Maine 

(GOM) Atlantic cod (cod) management 

measures for the 2012 fishing year. This 

action is necessary to: Establish GOM 

cod Annual Catch Limits (ACLs); 

implement recreational management 

measures that will constrain catch to the 

recreational sub-ACL; and reduce 

overfishing occurring on GOM cod in 

anticipation of further action to end 

overfishing in fishing year 2013. 

DATES: Effective May 1, 2012, until 

September 30, 2012; comments must be 

received by June 4, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by 

‘‘NOAA–NMFS–2012–0045,’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2012–0045 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Mail: Submit written comments to 

Daniel Morris, Acting Regional 

Administrator, 55 Great Republic Drive, 

Gloucester, MA 01930. 

• Fax: (978) 281–9135. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will 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 or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the supplemental 

environmental assessment (EA) 

prepared for this action by NMFS are 

available from Daniel Morris, Acting 

Regional Administrator, 55 Great 

Republic Drive, Gloucester, MA 01930. 

The supplemental EA is accessible via 

the Internet at http:// 

www.nero.noaa.gov. A copy of the most 

recent stock assessment for GOM cod is 

also accessible via the Internet at http:// 

www.nefsc.noaa.gov/groundfish. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

phone: 978–281–9104. 

SUPPLEMENTARY INFORMATION: 

Plain Language Executive Summary 

A recent assessment of the amount of 

cod found in the GOM was finalized in 

January 2012. The results are 

substantially different from those from a 

similar examination conducted in 2008. 

The new assessment concludes that 

GOM cod are ‘‘overfished,’’ meaning 

there is a lower amount of fish than 

necessary to sustain the population over 

the long term. It also concludes that 

GOM cod are subject to ‘‘overfishing,’’ 

meaning fishing activities are removing 

too many fish from the sea to sustain the 

population. The required population 

and fishing-related removal levels are 

set for GOM cod under a fishery 

management plan developed by the 

New England Fishery Management 

Council (Council) in collaboration with 

NMFS. This plan is designed to satisfy 

requirements of the primary law 

governing U.S. fisheries—the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

The new assessment indicates that 

increasing GOM cod to the rebuilding 

stock size target is not possible by 2014, 

even if no cod are harvested by fisheries 

between now and then. Based on the 

information in the new assessment, 

NMFS has determined that the GOM 

cod rebuilding program is not making 

adequate progress toward building the 

stock to the required size. NMFS has 

notified the Council of this finding. 

Based on this notification and in 

accordance with Magnuson-Stevens Act 

requirements, the Council must revisit 

the GOM cod rebuilding plan and revise 

it within the next two years so that the 

recovery effort is back on track. NMFS 

also advised the Council that there is 

some limited flexibility the agency may 

use to reduce, rather than end, 

overfishing on GOM cod for up to one 

year. The Council had originally 

intended to use the new assessment 

information and recommend measures 

for fishing year 2012 (May 1, 2012–April 

30, 2013). However, the Council elected 

not to do so, based on concerns about 

the new assessment. Instead, the 

Council has asked NMFS to implement 

interim measures for the fishing year, 


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