Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 11411 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This final rule does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. The final rule 

will further regulate and reduce 

pollutants from sewage in California 

marine waters thus reducing the risk of 

exposure to all populations, including 

those covered under this Executive 

order. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule 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). This rule 

will be effective March 28, 2012. 

Lists of Subjects in 40 CFR Part 140 

Environmental protection, Sewage 

disposal, Vessels. 

Dated: February 9, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 140 

as follows: 

PART 140—[AMENDED] 

■ 1. The authority citation for part 140 

continues to read as follows: 

Authority: 33 U.S.C. 1322. 

■ 2. Section 140.4 is amended by adding 

paragraph (b)(2) to read as follows: 

§ 140.4 Complete prohibition. 

* * * * * 

(b) * * * 

(2)(i) For the marine waters of the 

State of California, the following vessels 

are completely prohibited from 

discharging any sewage (whether treated 

or not): 

(A) A large passenger vessel; 

(B) A large oceangoing vessel 

equipped with a holding tank which has 

not fully used the holding tank’s 

capacity, or which contains more than 

de minimis amounts of sewage 

generated while the vessel was outside 

of the marine waters of the State of 

California. 

(ii) For purposes of paragraph (b)(2) of 

this section: 

(A) ‘‘Marine waters of the State of 

California’’ means the territorial sea 

measured from the baseline as 

determined in accordance with the 

Convention on the Territorial Sea and 

the Contiguous Zone and extending 

seaward a distance of three miles, and 

all enclosed bays and estuaries subject 

to tidal influences from the Oregon 

border (41.999325 North Latitude, 

124.212110 West Longitude, decimal 

degrees, NAD 1983) to the Mexican 

border (32.471231 North Latitude, 

117.137814 West Longitude, decimal 

degrees, NAD 1983). A map illustrating 

these waters can be obtained from EPA 

or viewed at http://www.epa.gov/ 

region9/water/no-discharge/ 

overview.html. 

(B) A ‘‘large passenger vessel’’ means 

a passenger vessel, as defined in section 

2101(22) of title 46, United States Code, 

of 300 gross tons or more, as measured 

under the International Convention on 

Tonnage Measurement of Ships, 1969, 

measurement system in 46 U.S.C. 

14302, or the regulatory measurement 

system of 46 U.S.C. 14502 for vessels 

not measured under 46 U.S.C. 14302, 

that has berths or overnight 

accommodations for passengers. 

(C) A ‘‘large oceangoing vessel’’ 

means a private, commercial, 

government, or military vessel of 300 

gross tons or more, as measured under 

the International Convention on 

Tonnage Measurement of Ships, 1969, 

measurement system in 46 U.S.C. 

14302, or the regulatory measurement 

system of 46 U.S.C. 14502 for vessels 

not measured under 46 U.S.C.14302, 

that is not a large passenger vessel. 

(D) A ‘‘holding tank’’ means a tank 

specifically designed, constructed, and 

fitted for the retention of treated or 

untreated sewage, that has been 

designated and approved by the ship’s 

flag Administration on the ship’s 

stability plan; a designated ballast tank 

is not a holding tank for this purpose. 

* * * * * 

[FR Doc. 2012–4469 Filed 2–24–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XB031 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the hook-andline component of the commercial 

sector of the coastal migratory pelagic 

fishery for king mackerel in the 

southern Florida west coast subzone. 

This closure is necessary to protect the 

Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, February 26, 2012, through 

June 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone 727–824– 

5305, email susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 


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11412 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) 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. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

component in the southern Florida west 

coast subzone is 520,312 lb (236,010 kg). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial sector when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota for Gulf group king 

mackerel in the southern Florida west 

coast subzone will be reached by 

February 26, 2012. Accordingly, the 

commercial sector for Gulf group king 

mackerel in the southern subzone is 

closed effective 12:01 a.m., local time, 

February 26, 2012, through June 30, 

2012, the end of the fishing year. 

From November 1 through March 31, 

the southern subzone is that part of the 

Florida west coast subzone off Collier 

and Monroe Counties, Florida. This is 

the area south and west from 25°20.4′ N. 

lat. (a line directly east from the MiamiDade/Monroe County boundary on the 

east coast of Florida) to 26°19.8′ N. lat. 

(a line directly west from the Lee/Collier 

County boundary on the west coast of 

Florida). Beginning April 1, the 

southern subzone is reduced to the area 

off Collier County, Florida, between 

25°48′ N. lat. and 26°19.8′ N. lat. 

During the closure period, no person 

aboard a vessel for which a commercial 

permit for king mackerel has been 

issued may fish for or retain Gulf group 

king mackerel in Federal waters of the 

closed subzone. There is one exception, 

however, for a person aboard a charter 

vessel or headboat. A person aboard a 

vessel that has a valid charter/headboat 

permit and also has a commercial king 

mackerel permit for coastal migratory 

pelagic fish may continue to retain king 

mackerel in or from the closed subzone 

under the 2-fish daily bag limit, 

provided the vessel is operating as a 

charter vessel or headboat. Charter 

vessels or headboats that hold a 

commercial king mackerel permit are 

considered to be operating as a charter 

vessel or headboat when they carry a 

passenger who pays a fee or when more 

than three persons are aboard, including 

operator and crew. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds that the need to immediately 

implement this action to close this 

component of the fishery constitutes 

good cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures would be 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the fishery since 

the capacity of the fishing fleet allows 

for rapid harvest of the quota. Prior 

notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of the 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: February 22, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–4500 Filed 2–22–12; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–2] 

RIN 0648–XB035 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

(CVs) using trawl gear in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allowance of the 2012 Pacific cod total 

allowable catch apportioned to CVs 

using trawl gear in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 22, 2012, through 

1200 hrs, A.l.t., September 1, 2012. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

apportioned to CVs using trawl gear in 

the Western Regulatory Area of the GOA 

is 5,736 metric tons (mt), as established 

by the final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011), revision 

to the final 2012 harvest specifications 

for Pacific cod (76 FR 81860, December 

29, 2011), and inseason adjustment to 

the final 2012 harvest specifications for 

Pacific cod (77 FR 438, January 5, 2012). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 


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