2022 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions 

which do not individually or 

cumulatively have a significant effect on 

the human environment. This rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction. 

This regulation establishes a temporary 

security zone. A final ‘‘Environmental 

Analysis Checklist’’ and a final 

‘‘Categorical Exclusion Determination’’ 

are available in the docket where 

indicated under ADDRESSES. 

We seek any comments or information 

that may lead to the discovery of a 

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 amends 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T14–1159 to read as 

follows: 

§ 165.T14–1159 Security Zone; Passenger 

Vessel SAFARI EXPLORER Arrival/ 

Departure, Kaunakakai Harbor, Molokai, 

Hawaii. 

(a) Location. All waters, from the 

surface to the sea floor, and land 

encompassed within a rectangle-like 

shape bounded by the following 

coordinates: North of the Young 

Brothers Facility at 21°05′08′′ N, 

157°01′41′′ W; then Southeast at a 

bearing of 125° for 770 yards to 

21°04′55′′ N, 157°01′21′′ W; then 

southwest at a bearing of 226° for 1,360 

yards to 21°04′27′′ N, 157°01′52′′ W; 

then northwest at a bearing of 306° for 

580 yards to 21°04′27′′ N, 157°01′52′′ W; 

then northeast at a bearing of 038° for 

1,375 yards back to the starting point. 

(b) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Honolulu to assist in enforcing the 

security zones described in paragraph 

(a) of this section. 

(c) Regulations. The general security 

zone found in 33 CFR part 165, subpart 

D, apply to the security zones created by 

this temporary section. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in the 

security zone described in paragraph (a) 

of this section is prohibited unless 

authorized by the Coast Guard Captain 

of the Port Honolulu zone or her 

designated representatives. 

(3) Persons desiring to transit the area 

of the security zone may contact the onscene patrol commander on VHF 

channel 16 (156.800 MHz) or VHF 

channel 13 (156.650 MHz), or the 

Captain of the Port Honolulu at 

telephone number 1–(808) 842–2600. If 

permission is granted to enter the 

security zone, all persons and vessels 

must comply with the instructions of 

the Captain of the Port or her designated 

representatives. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State, and local agencies. 

(e) Enforcement period. The security 

zone described in paragraph (a) of this 

section will be activated for 

enforcement 60 minutes before the 

SAFARI EXPLORER’s intended transit 

into the Kaunakakai Harbor Channel 

and will remain subject to enforcement 

until 10 minutes after the SAFARI 

EXPLORER is safely moored in the 

harbor. The security zone may also be 

activated for enforcement 60 minutes 

before the SAFARI EXPLORER’s 

intended transit until after the SAFARI 

EXPLORER has safely departed from the 

security zone. Notice of the zone’s 

activation will be provided by broadcast 

notice to mariners and the display of a 

red flag at the Kaunakakai Harbor 

Master’s building. 

Dated: December 21, 2011. 

J. M. Nunan, 

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

Port Honolulu. 

[FR Doc. 2012–549 Filed 1–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110303179–1290–02] 

RIN 0648–XA926 

Fisheries of the Northeastern United 

States; Spiny Dogfish Fishery; 

Commercial Period 2 Quota Harvested 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

spiny dogfish fishery. 

SUMMARY: NMFS announces that the 

spiny dogfish commercial quota 

available to the coastal states from 

Maine through Florida for the second 

semi-annual quota period, November 1, 

2011–April 30, 2012, has been 

harvested. Therefore, effective 0001 

hours, January 13, 2012, federally 

permitted spiny dogfish vessels may not 

fish for, possess, transfer, or land spiny 

dogfish until May 1, 2012, when the 


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Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2023 

2012 spiny dogfish fishing year begins. 

Regulations governing the spiny dogfish 

fishery require publication of this 

notification to advise the coastal states 

from Maine through Florida that the 

quota has been harvested and to advise 

vessel permit holders and dealer permit 

holders that no Federal commercial 

quota is available for landing spiny 

dogfish in these states. This action is 

necessary to prevent the fishery from 

exceeding its Period 2 quota and to 

allow for effective management of this 

stock. 

DATES: Effective at 0001 hr local time, 

January 13, 2012, through 2400 hr local 

time April 30, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, (978) 281–9224, or 

Carly.Bari@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the spiny dogfish 

fishery are found at 50 CFR part 648, 

subpart L. The regulations require 

annual specification of a commercial 

quota, which is allocated into two quota 

periods based upon percentages 

specified in the fishery management 

plan. The fishery is managed from 

Maine through Florida, as described in 

§ 648.230. 

The initial total commercial quota for 

spiny dogfish for the 2011 fishing year 

is 20 million lb (9,071.85 mt) (76 FR 

32874, June 7, 2011). The commercial 

quota is allocated into two periods (May 

1 through October 31, and November 1 

through April 30). Vessel possession 

limits are set at 3,000 lb (1.36 mt) per 

trip for both Quota Period 1 and 2. 

Quota Period 1 is allocated 11,580,000 

lb (5,252.6 mt), and Quota Period 2 is 

allocated 8,420,000 lb (3,819.25 mt) of 

the commercial quota. The total quota 

cannot be exceeded, so landings in 

excess of the amount allocated to Period 

1 have the effect of reducing the quota 

available to the fishery during Period 2. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator), 

monitors the commercial spiny dogfish 

quota for each quota period and, based 

upon dealer reports, state data, and 

other available information, determines 

when the total commercial quota will be 

harvested. NMFS is required to publish 

notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the 

Federal spiny dogfish commercial quota 

has been harvested and no Federal 

commercial quota is available for 

landing spiny dogfish for the remainder 

of that quota period. 

Section 648.4(b) provides that Federal 

spiny dogfish permit holders agree, as a 

condition of the permit, not to land 

spiny dogfish in any state after NMFS 

has published notification in the 

Federal Register that the commercial 

quota has been harvested and that no 

commercial quota for the spiny dogfish 

fishery is available. Therefore, effective 

0001 hr local time, January 13, 2012, 

landings of spiny dogfish in coastal 

states from Maine through Florida by 

vessels holding commercial Federal 

fisheries permits will be prohibited 

through 2400 hr local time, April 30, 

2012. The 2012 Period 1 quota will be 

available for commercial spiny dogfish 

harvest on May 1, 2012. Effective 

January 13, 2012, federally permitted 

dealers are also advised that they may 

not purchase spiny dogfish from vessels 

issued Federal spiny dogfish permits 

that land in coastal states from Maine 

through Florida. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the spiny dogfish fishery 

until May 1, 2012, under current 

regulations. The regulations at § 648.231 

require such action to ensure that the 

spiny dogfish 2011 Period 2 quota is not 

exceeded. Data indicating the spiny 

dogfish fleet will have landed the 2011 

Period 2 quota have only recently 

become available. If implementation of 

this closure is delayed to solicit prior 

public comment, the quota for Period 2 

will be exceeded, thereby undermining 

the conservation objectives of the FMP. 

The AA further finds, pursuant to 5 

U.S.C. 553(d)(3), good cause to waive 

the 30-day delayed effectiveness period 

for the reasons stated above. 

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

Dated: January 9, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–496 Filed 1–9–12; 4:15 pm] 

BILLING CODE 3510–22–P 


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