15284 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 

TABLE 1—GENERAL SUPERFUND SECTION—Continued 

State Site name City/County Notes a

*******

NY .................................................................... Eighteenmile Creek ....................... Niagara County.

*******

PA .................................................................... Metro Container Corporation ......... Trainer.

*******

PR .................................................................... Corozal Well .................................. Corozal.

*******

aA = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be greater than or 

equal to 28.50). 

S = State top priority (HRS score need not be greater than or equal to 28.50). 

P = Sites with partial deletion(s). 

* * * * * 

[FR Doc. 2012–6329 Filed 3–14–12; 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–XB076 

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 commercial 

sector of the coastal migratory pelagic 

fishery for king mackerel in the Florida 

east coast subzone. This closure is 

necessary to protect the Gulf king 

mackerel resource. 

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

local time, March 14, 2012, through 

12:01 a.m., local time, April 1, 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 

(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. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, on April 30, 2001 (66 

FR 17368, March 30, 2001) NMFS 

implemented a commercial quota of 

2.25 million lb (1.02 million kg) for the 

eastern zone (Florida) of the Gulf 

migratory group of king mackerel. That 

quota is further divided into separate 

quotas for the Florida east coast subzone 

and the northern and southern Florida 

west coast subzones. The quota 

implemented for the Florida east coast 

subzone is 1,040,625 lb (472,020 kg)(50 

CFR 622.42(c)(1)(i)(A)(1)). 

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 Florida east coast 

subzone will be reached by March 14, 

2012. Accordingly, the commercial 

sector for Gulf group king mackerel in 

the east coast subzone is closed effective 

12:01 a.m., local time, March 14, 2012, 

through March 31, 2012, the end of the 

fishing year. 

From November 1 through March 31 

the Florida east coast subzone of the 

Gulf group king mackerel is that part of 

the eastern zone north of 25°20.4′ N. lat. 

(a line directly east from the MiamiDade/Monroe County, FL, boundary) to 

29°25′ N. lat. (a line directly east from 

the Flagler/Volusia County, FL, 

boundary). Beginning April 1, the 

boundary between Atlantic and Gulf 

groups of king mackerel shifts south and 

west to the Monroe/Collier County 

boundary on the west coast of Florida. 

From April 1 through October 31, king 

mackerel harvested along the east coast 

of Florida, including all of Monroe 

County, are considered to be Atlantic 

group king mackerel. 

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. 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Rules and Regulations 15285 

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: March 12, 2012. 

Steven Thur, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–6290 Filed 3–12–12; 4:15 pm] 

BILLING CODE 3510–22–P 


sroberts on DSK5SPTVN1PROD with RULES