Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23159 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Parts 229 and 238 

[Docket Nos. FRA–2009–0094 and FR–2009– 

0095, Notice No. 4] 

RIN 2130–AC16 

Locomotive Safety Standards; 

Correction 

AGENCY: Federal Railroad 

Administration (FRA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: FRA is notifying the public 

that the correct docket number for the 

Locomotive Safety Standards final rule 

is FRA–2009–0094. The final rule 

issued on April 9, 2012, incorrectly 

identified docket number FR–2009– 

0095 as the public docket for this 

rulemaking proceeding. FRA is 

requesting that all petitions for 

reconsideration and all comments on 

any petitions for reconsideration related 

to this proceeding be submitted to FRA– 

2009–0094. 

DATES: The deadline for petitions for 

reconsideration of the final rule 

published April 9, 2012, at 77 FR 21312, 

remains June 8, 2012. The deadline for 

comments on such petitions remains 

July 23, 2012. 

ADDRESSES: Petitions for reconsideration 

or comments on such petitions: Any 

petitions and any comments to petitions 

related to Docket No. FRA–2009–0094, 

may be submitted by any of the 

following methods: Web Site: Federal 

eRulemaking Portal, http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, W12–140, 

Washington, DC 20590. 

• Hand Delivery: Room W12–140 on 

the Ground level of the West Building, 

1200 New Jersey Avenue SE., W12–140, 

Washington, DC between 9 a.m. and 

5 p.m. Monday through Friday, except 

Federal holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this rulemaking. Note 

that all comments received will be 

posted without change to http:// 

www.regulation.gov including any 

personal information. FRA wishes to 

inform all potential petitioners that 

anyone is able to search the electronic 

form of all comments received into any 

agency docket by the name of the 

individual submitting the petition (or 

signing the petition, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70; Pages 

19477–78) or you may visit http:// 

dms.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

Room W12–140 on the Ground level of 

the West Building, 1200 New Jersey 

Avenue SE., Washington, DC between 

9 a.m. and 5 p.m. Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael Masci, Trial Attorney, Office of 

Chief Counsel, FRA, 1200 New Jersey 

Avenue SE., Washington, DC (telephone 

202–493–6037). 

SUPPLEMENTARY INFORMATION: On April 

9, 2012, FRA published a final rule 

related to locomotive safety standards. 

See 77 FR 21312. The final rule 

established a public docket to receive 

petitions for reconsideration in response 

to FRA’s final rule related to locomotive 

safety standards and comments on such 

petitions. That final rule mistakenly 

lists FR–2009–0095 (‘‘incorrect docket’’) 

as the docket number for the final rule. 

The correct docket number for this 

proceeding is FRA–2009–94 (‘‘correct 

docket’’). FRA requests that petitions for 

reconsideration related to the final rule 

and comments on such petitions be 

submitted to the correct docket. 

Petitions for reconsideration and 

comments on such petitions submitted 

to the incorrect docket will be fully 

considered as part of the locomotive 

safety standards rulemaking. Because 

the incorrect docket is listed in the 

April 9, 2012, Federal Register 

document issuing the final rule, 

petitions for reconsideration and 

comments on such petitions submitted 

to the incorrect docket will remain 

valid. FRA will transfer all comments 

and information that are received in the 

incorrect docket to the correct docket. 

As such, interested parties that wish to 

read petitions for reconsideration 

related to the final rule and comments 

on such petitions should access docket 

FRA–2009–0094 to locate them. 

Issued in Washington, DC, on April 12, 

2012. 

Ron Hynes, 

Acting Deputy Associate Administrator for 

Regulatory and Legislative Operations. 

[FR Doc. 2012–9353 Filed 4–17–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 111213751–2102–02] 

RIN 0648–XB176 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl Gear in 

the Bering Sea and Aleutian Islands 

Management Area 

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 

using trawl gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the B season 

allowance of the 2012 Pacific cod total 

allowable catch allocated to trawl 

catcher vessels in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 15, 2012, through 

1200 hrs, A.l.t., June 10, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

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. 

The B season allowance of the 2012 

Pacific cod total allowable catch (TAC) 

allocated to trawl catcher vessels in the 

BSAI is 5,666 metric tons (mt) as 

established by the final 2012 and 2013 

harvest specifications for groundfish in 

the BSAI (77 FR 10669, February 23, 

2012). 

In accordance with § 679.20(d)(1)(i) 

and (d)(1)(ii)(B), the Administrator, 

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23160 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

B season allowance of the 2012 Pacific 

cod TAC allocated to trawl catcher 

vessels in the BSAI will soon be 

reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 5,166 mt and is 

setting aside the remaining 500 mt as 

incidental catch to support other 

anticipated groundfish fisheries. In 

accordance with § 679.20(d)(1)(iii), the 

Regional Administrator finds that this 

directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as 

such requirement is impracticable and 

contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

closure of directed fishing for Pacific 

cod by catcher vessels using trawl gear 

in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 12, 2012. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: April 13, 2012. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–9334 Filed 4–13–12; 4:15 pm] 

BILLING CODE 3510–22–P 

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