21716 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 

verifiable references to support their 

statements. 

1. Beginning in 2013, how many 

lithium cells, batteries, and packages are 

anticipated to be subject to the 

additional requirements of the proposed 

Section IB of ICAO Packing Instructions 

965 and 968, or, in other words, how 

many shipments of lithium cells, 

batteries, and packages were previously 

excepted from full hazardous materials 

packaging and labeling requirements, 

but would now be subject to additional 

requirements? These packages would 

typically contain more than 2 batteries 

or 8 cells, but weigh less than 10 kg. 

Also, if quantifiable, please specify 

projected figures for shipments that 

would fall under Section IA and 

Section II. 

2. What impacts (if any) would arise 

from the allowance to use non-UN 

Specification packaging for cells and 

batteries to be shipped under the 

proposed Section IB of ICAO Packing 

Instructions 965 and 968? 

3. What impacts (if any) would result 

if PHMSA chooses not to harmonize 

with 2013–2014 ICAO Technical 

Instructions applicable to lithium 

batteries? 

4. Will harmonization with the 2013– 

2014 ICAO Technical Instructions result 

in any modal impacts or diversions, i.e., 

will shippers be less likely to ship by 

air, in favor of maritime, truck, or rail 

transport of these materials? If a modal 

shift will occur, please quantify the 

impact of this shift if possible (costs 

increase or decrease, shipment time 

differences, and other considerations). 

5. What is the projected burden (time 

and/or cost) for compliance with the 

information collection activities and 

disclosures outlined in this notice? If 

PHMSA were to harmonize with the 

2013–2014 ICAO Technical 

Instructions, are there other Paperwork 

Reduction Act related activities 

associated with implementation that 

PHMSA should consider? 

6. If PHMSA were to harmonize the 

2013–2014 ICAO Technical Instructions 

in a final rule, are there ways in which 

PHMSA could reduce regulatory burden 

or cost of implementation, for example, 

delayed effective date? 

7. Please provide any other relevant 

information that PHMSA should 

consider before harmonizing with 

ICAO’s standards for lithium cells and 

batteries. 

Issued in Washington, DC, on April 5, 

2012. 

R. Ryan Posten, 

Deputy Associate Administrator. 

[FR Doc. 2012–8550 Filed 4–10–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 120330244–2242–01] 

RIN 0648–BB77 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Salmon 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 12 to the 

Fishery Management Plan for Salmon 

Fisheries in the EEZ off the Coast of 

Alaska (FMP). If approved, Amendment 

12 would comprehensively revise and 

update the FMP to reflect the North 

Pacific Fishery Management Council’s 

(Council’s) salmon management policy 

and to comply with Federal law. This 

proposed rule is necessary to revise 

specific regulations and remove obsolete 

regulations in accordance with the 

modifications proposed by Amendment 

12. These proposed regulations are 

intended to promote the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the FMP, and other applicable 

laws. 

DATES: Comments must be received no 

later than May 29, 2012. 

ADDRESSES: You may submit comments, 

identified by FDMS Docket Number 

NOAA–NMFS–2011–0295, by any one 

of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

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

then enter NOAA–NMFS–2011–0295 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 that line. 

• Fax: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Fax comments to 907– 

586–7557. 

• Mail: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

• Hand delivery to the Federal 

Building: Address written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Deliver comments to 

709 West 9th Street, Room 420A, 

Juneau, AK. 

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 to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

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). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Electronic copies of the proposed 

Fishery Management Plan for the 

Salmon Fisheries in the EEZ off Alaska 

and the draft Environmental 

Assessment/Regulatory Impact Review 

prepared for this action may be obtained 

from http://www.regulations.gov or from 

the NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Harrington, 907–586–7228. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would implement 

Amendment 12 to the FMP. The Council 

has submitted Amendment 12 for 

review by the Secretary of Commerce, 

and a Notice of Availability (NOA) of 

this amendment was published in the 

Federal Register on April 2, 2012 (77 FR 

19605) with comments invited through 

June 1, 2012. Respondents do not need 

to submit the same comments on both 

the NOA and this proposed rule. All 

relevant written comments received by 

the end of the comment period for the 

NOA, whether specifically directed to 

the FMP amendment, this proposed 

rule, or both, will be considered in the 

approval/disapproval decision for 

Amendment 12 and addressed in the 

response to comments in the final rule. 

The Council prepared the FMP under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 21717 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. Regulations governing U.S. 

fisheries and implementing the FMP 

appear at 50 CFR part 679. The FMP 

was approved in 1979 and last 

comprehensively revised in 1990. The 

current FMP conserves and manages the 

Pacific salmon commercial and sport 

fisheries that occur in the exclusive 

economic zone (EEZ) off Alaska. The 

FMP establishes two management areas: 

the East Area is the EEZ in the Gulf of 

Alaska east of Cape Suckling (143°53.6′ 

West Longitude), and the West Area is 

the EEZ off the coast of Alaska west of 

Cape Suckling. The FMP manages 

commercial salmon fisheries differently 

in each area. In the East Area, the FMP 

delegates management of the 

commercial troll salmon fishery to the 

State of Alaska (State) to manage in 

compliance with the Pacific Salmon 

Treaty, Magnuson-Stevens Act, and 

FMP. The FMP prohibits commercial 

salmon fishing with net gear in the East 

Area. In the West Area, the FMP 

prohibits commercial salmon fishing, 

except for commercial salmon fishing 

with net gear in three defined areas of 

the EEZ adjacent to Cook Inlet, Prince 

William Sound, and the Alaska 

Peninsula. The FMP delegates 

management of the sport fishery to the 

State in both areas. 

Although the FMP has been amended 

nine times in the last two decades, no 

comprehensive reconsideration of 

management strategies or the scope of 

Federal management has occurred since 

1990. State fisheries regulations and 

Federal and international laws affecting 

Alaska salmon have changed since 

1990, and the reauthorized MagnusonStevens Act expanded the requirements 

for FMPs. Additionally, the 1990 FMP is 

vague with respect to management 

authority for commercial salmon fishing 

in the three defined areas that occur in 

the West Area. Therefore, the Council 

determined that the FMP must be 

updated to comply with current 

Magnuson-Stevens Act requirements 

and amended to more clearly reflect the 

Council’s policy regarding the State’s 

continued management authority over 

commercial fisheries in the West Area, 

the Southeast Alaska commercial troll 

fishery, and the sport fishery. 

Amendment 12 

In December 2011, the Council voted 

unanimously to recommend 

Amendment 12 to the FMP. The Council 

considered revisions to the FMP at five 

separate meetings that occurred over 

more than a year. At each regularly 

scheduled and noticed public meeting, 

the Council took public testimony and 

considered written and oral public 

comments, providing stakeholders with 

opportunities for involvement on this 

issue. Additionally, the Council 

conducted a special open workshop for 

stakeholders in September 2011, which 

was attended by more than 20 members 

of the public, three Council members, 

Council staff, and State and Federal 

agency staff. The Council considered the 

comments and suggestions made during 

that workshop in developing 

Amendment 12. 

Amendment 12 would 

comprehensively revise the FMP to 

reflect the Council’s salmon 

management policy, which is to 

facilitate State of Alaska salmon 

management in accordance with the 

Magnuson-Stevens Act, Pacific Salmon 

Treaty, and applicable Federal law. 

Under this policy, the Council 

identified six management objectives to 

guide salmon management under the 

FMP and achieve the management 

policy: (1) Prevent overfishing and 

achieve optimum yield, (2) manage 

salmon as a unit throughout their range, 

(3) minimize bycatch and bycatch 

mortality, (4) maximize economic and 

social benefits to the Nation over time, 

(5) protect wild stocks and fully utilize 

hatchery production, and (6) promote 

safety. The Council, NMFS, and the 

State of Alaska will consider these 

management objectives in developing 

FMP amendments and associated 

fishery management measures. 

To reflect the Council’s policy and 

objectives, Amendment 12 would 

redefine the FMP’s management area to 

exclude Cook Inlet, Prince William 

Sound, and Alaska Peninsula net fishing 

areas and the sport fishery from the 

West Area. The Council determined that 

excluding these areas and the sport 

fishery from the West Area and the FMP 

would allow the State to manage Alaska 

salmon stocks as seamlessly as 

practicable throughout their range, 

rather than imposing dual State and 

Federal management. The FMP would 

continue to apply to the vast majority of 

the EEZ west of Cape Suckling and 

would maintain the prohibition on 

commercial salmon fishing in the 

redefined West Area. 

In the East Area, Amendment 12 

would maintain the current scope of the 

FMP and would reaffirm that 

management of the commercial and 

sport salmon fisheries in the East Area 

is delegated to the State. The FMP relies 

on a combination of State management 

and management under the Pacific 

Salmon Treaty to ensure that salmon 

stocks, including trans-boundary stocks, 

are managed as a unit throughout their 

ranges and interrelated stocks are 

managed in close coordination. 

Maintaining the FMP in the East Area 

would leave existing management 

structures in place, recognizing that the 

FMP is the nexus for the application of 

the Pacific Salmon Treaty and other 

applicable Federal law. 

The Council also recommended a 

number of provisions to update the FMP 

and bring it into compliance with the 

Magnuson-Stevens Act and other 

applicable Federal law. Amendment 12 

includes these changes in a reorganized 

FMP with a more concise title, ‘‘Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ off Alaska.’’ The 

Notice of Availability prepared for 

Amendment 12 provides detailed 

information on the provisions of 

Amendment 12 as well as additional 

explanation of the Council’s rationale 

for Amendment 12 (77 FR 19605, April 

2, 2012). 

Proposed Rule 

To implement Amendment 12, this 

proposed rule would amend Chapter 50 

of the CFR for the following purposes: 

• Revise § 679.1 Purpose and Scope 

to reflect the new FMP title and clarify 

that the FMP governs commercial 

salmon fishing in the West Area and 

commercial and sport salmon fishing in 

the East Area. 

• Revise the definition of Salmon 

Management Area, at § 679.2, to 

explicitly exclude the Cook Inlet Area, 

the Prince William Sound Area, and the 

Alaska Peninsula Area from the West 

Area. 

• Revise § 679.3(h), the relation of 

domestic fishing for salmon to other 

laws, and remove references to laws that 

are no longer applicable or current, such 

as references to the North Pacific 

Fisheries Act of 1954. 

• Remove regulations requiring 

Federal salmon permits at § 679.4(h). 

The Council recommended removing 

the requirement for Federal salmon 

permits because the Council determined 

and NMFS agrees that such permits are 

no longer necessary. All current 

participants in the East Area 

commercial troll fishery have State of 

Alaska limited entry permits. According 

to the 1979 FMP, the Federal salmon 

permit was established as a complement 

to the State limited entry permit, 

intended to limit capacity in the EEZ by 

preventing persons who did not receive 

a State limited entry permit from simply 

shifting their fishing efforts into Federal 

waters. Additionally, the 1979 FMP 

explains that there was an interest in 

ensuring that the few vessels that had 

fished in the EEZ but not landed their 

catch in Alaska could continue to have 

access to the EEZ, even if they were not 

eligible for a State limited entry permit. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
21718 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 

The problems identified in the 1979 

FMP were addressed by this Federal 

permit system. In 1979 or 1980, NMFS 

issued 2 non-transferrable limited entry 

permits and these permits are no longer 

active in the fishery. As a result, the 

Federal permit system is obsolete and 

should be terminated. 

• Revise prohibitions at § 679.7(h) to 

explicitly prohibit commercial fishing 

for salmon using any gear except troll 

gear in the East Area of the Salmon 

Management Area, and to explicitly 

prohibit commercial fishing for salmon 

in the West Area. Troll gear has been the 

only authorized gear for commercial 

fishing for salmon in the East Area since 

the original FMP was approved in 1979. 

Likewise, the FMP has prohibited 

commercial salmon fishing in the 

majority of West Area since 1979. With 

the removal of the three traditional net 

fishing areas from the West Area, an 

exception from this prohibition is no 

longer needed and the proposed rule 

would explicitly prohibit commercial 

fishing in the newly defined West Area. 

• Replace Figure 23 with a new map 

to show the newly defined Salmon 

Management Area and the three areas 

excluded from the West Area. 

Classification 

Pursuant to sections 304(b) and 305(d) 

of the Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration of comments received 

during the public comment period. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

The Chief Council for Regulation of 

the Department of Commerce certified 

to the Chief Council for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

Factual Basis for Certification 

NMFS guidelines for economic 

reviews of regulatory actions describe 

the criteria to evaluate whether a rule 

would impose impacts on ‘‘a substantial 

number’’ of small entities and the 

criteria used to evaluate whether a rule 

would impose ‘‘significant economic 

impacts.’’ 

Description and Estimate of the Number 

of Small Entities to which the Rule 

Applies 

Current regulations implementing the 

FMP do not directly regulate any small 

entities, except to prohibit fishing in 

certain areas and/or with certain gear 

types. These prohibitions have largely 

been in place since the FMP was first 

approved in 1979 and this proposed 

rule clarifies, but does not substantively 

change, these prohibitions. 

Under the current FMP, the Council 

and NMFS could have directly regulated 

the salmon fishing vessels in the East 

Area and in the three net fishing areas 

in the West Area. However, since 1990, 

NMFS and the Council have chosen not 

to directly regulate salmon fishing 

vessels in any of these areas. 

Under the proposed rule, NMFS and 

the Council are removing the possibility 

of Federal direct regulation of salmon 

fishing vessels in the three net fishing 

areas in the West Area by changing the 

definition of the Salmon Management 

Area at § 679.2 to exclude these areas. 

NMFS and the Council are also 

removing the possibility of direct 

regulation of the sport fishery in the 

West Area by clarifying that the 

regulations only apply to commercial 

fishing for salmon in the West Area. By 

removing these areas from the Salmon 

Management Area and Federal 

regulations, salmon fishery management 

remains under State of Alaska 

jurisdiction. The State of Alaska has 

managed these salmon fisheries since 

statehood. Therefore, while this 

proposed rule would clearly define the 

scope of the federal regulations, it does 

not substantively change the 

management of the salmon fisheries in 

a way that would have impacts on small 

entities. 

The Council and NMFS are retaining 

the potential to directly regulate salmon 

fishing vessels in the East Area; 

however, no such direct regulation is 

under consideration and the FMP 

explicitly delegates regulation of the 

salmon commercial troll fishery and 

sport fishery to the State of Alaska. 

Estimate of Economic Impact on Small 

Entities, by Entity Size and Industry 

Because this action does not directly 

regulate small entities, there are no 

economic impacts from this action on 

small entities. 

Description of, and an Explanation of 

the Basis for, Assumptions Used 

The economic analysis contained in 

the draft Environmental Assessment and 

Regulatory Impact Review for this 

action further describes (1) The 

regulatory and operational 

characteristics of the proposed action; 

(2) the history of the salmon fisheries 

under the FMP, including the role of 

Federal management and the delegation 

of management to the State of Alaska; 

(3) the history of this action; and (4) the 

details of the alternatives considered for 

this action, including the preferred 

alternative (see ADDRESSES). 

From this analysis, it is clear that the 

FMP does not directly regulate any 

entities, including small entities. Under 

the FMP, participants in the salmon 

fisheries under the FMP are directly 

managed by the State of Alaska. This 

action does not change State 

management, it only revises and 

updates the regulations to reflect the 

revised and updated FMP. As a result, 

an initial regulatory flexibility analysis 

is not required and none has been 

prepared. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: April 5, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

1. The authority citation for 50 CFR 

part 679 continues to read as follows: 

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., 3631 et seq., and Pub. L. 108–447. 

2. In § 679.1, revise paragraph (i) to 

read as follows: 

§ 679.1 Purpose and scope. 

* * * * * 

(i) Fishery Management Plan for the 

Salmon Fisheries in the EEZ Off Alaska 

(Salmon FMP). (1) Regulations in this 

part govern commercial fishing for 

salmon by fishing vessels of the United 

States in the West Area of the Salmon 

Management Area. 

(2) State of Alaska laws and 

regulations that are consistent with the 

Salmon FMP and with the regulations in 

this part apply to vessels of the United 

States that are commercial and sport 

fishing for salmon in the East Area of 

the Salmon Management Area. 

* * * * * 

3. In § 679.2, revise the definition for 

‘‘Salmon Management Area’’ to read as 

follows: 

§ 679.2 Definitions. 

* * * * * 

Salmon Management Area means 

those waters of the EEZ off Alaska (see 

Figure 23 to part 679) under the 

authority of the Salmon FMP. The 

Salmon Management Area is divided 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 21719 

into a West Area and an East Area with 

the border between the two at the 

longitude of Cape Suckling (143°53.6′ 

W): 

(1) The East Area means the area of 

the EEZ in the Gulf of Alaska east of the 

longitude of Cape Suckling (143°53.6′ 

W). 

(2) The West Area means the area of 

the EEZ off Alaska in the Bering Sea, 

Chukchi Sea, Beaufort Sea, and the Gulf 

of Alaska west of the longitude of Cape 

Suckling (143°53.6′ W) but excludes the 

Cook Inlet Area, the Prince William 

Sound Area, and the Alaska Peninsula 

Area, shown in Figure 23 and described 

as: 

(i) The Cook Inlet Area which means 

the EEZ waters north of a line at 

59°46.15′ N; 

(ii) The Prince William Sound Area 

which means the EEZ waters shoreward 

of a line that starts at 60°16.8′ N and 

146°15.24′ W and extends southeast to 

59°42.66′ N and 144°36.20′ W and a line 

that starts at 59°43.28′ N and 144°31.50′ 

W and extends northeast to 59°56.4′ N 

and 143°53.6′ W. 

(iii) The Alaska Peninsula Area which 

means the EEZ waters shoreward of a 

line at 54°22.5′ N from 164°27.1′ W to 

163°1.2′ W and a line at 162°24.05′ W 

from 54°30.1′ N to 54°27.75′ N. 

* * * * * 

4. In § 679.3, revise paragraph (f) to 

read as follows: 

§ 679.3 Relation to other laws. 

* * * * * 

(f) Domestic fishing for salmon. 

Management of the salmon commercial 

troll fishery and sport fishery in the East 

Area of the Salmon Management Area, 

defined at § 679.2, is delegated to the 

State of Alaska. 

* * * * * 

§ 679.4 [Amended] 

5. In § 679.4, remove and reserve 

paragraph (a)(1)(v) and paragraph (h). 

6. In § 679.7, revise paragraph (h) to 

read as follows: 

§ 679.7 Prohibitions. 

* * * * * 

(h) Salmon Fisheries. (1) Engage in 

commercial fishing for salmon using 

any gear except troll gear, defined at 

§ 679.2, in the East Area of the Salmon 

Management Area, defined at § 679.2 

and Figure 23 to this part. 

(2) Engage in commercial fishing for 

salmon in the West Area of the Salmon 

Management Area, defined at § 679.2 

and Figure 23 to this part. 

* * * * * 

7. Revise Figure 23 to part 679 to read 

as follows: 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
21720 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Proposed Rules 

[FR Doc. 2012–8750 Filed 4–10–12; 8:45 am] 

BILLING CODE 3510–22–P 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALSEP11AP12.000</GPH>