Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 45705 

entitlement to, educational assistance 

under chapter 33, Post-9/11 GI Bill. 

(2) Reelection of subsistence 

allowance under § 21.260(b). Reelection 

of payment of benefits at the chapter 31 

subsistence allowance rate under 

§ 21.260(b) may be made only after 

completion of a term, quarter, semester, 

or other period of instruction unless: 

(i) Chapter 33 eligibility or 

entitlement ends earlier; or 

(ii) Failure to approve immediate 

reelection would prevent the veteran 

from continuing in the rehabilitation 

program. 

(3) Services under chapter 31. A 

veteran who elects payment of the Post9/11 subsistence allowance remains 

entitled to all other services and 

assistance under chapter 31. 

(Authority: 38 U.S.C. 3108(b)) 

■ 5. Amend § 21.270 by: 

■ a. Revising the section heading. 

■ b. Removing paragraph (b). 

■ c. Redesignating paragraph (c) as 

paragraph (b). 

■ d. In newly redesignated paragraph 

(b), removing ‘‘Weeekend’’ and adding, 

in its place, ‘‘Weekend’’. 

■ e. Adding an authority citation at the 

end of the section. 

The revision and addition read as 

follows: 

§ 21.270 Payment of subsistence 

allowance during leave and other periods. 

* * * * * 

(Authority: 38 U.S.C. 3680(a)) 

■ 6. Revise § 21.274 (d)(1)(iii) to read as 

follows: 

§ 21.274 Revolving fund loan. 

* * * * * 

(d) * * * 

(1) * * * 

(iii) The advance does not exceed 

either the amount needed, or twice the 

monthly subsistence allowance for a 

veteran without dependents in full-time 

institutional training specified in 

§ 21.260(b); and 

* * * * * 

[FR Doc. 2011–19473 Filed 7–29–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0471; FRL–9445–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Diesel-Powered Motor 

Vehicle Idling Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Pennsylvania State Implementation Plan 

(SIP). The revision consists of the 

Commonwealth’s Diesel-Powered Motor 

Vehicle Idling Act (hereafter referred to 

as the Diesel-Powered Motor Vehicle 

Idling Act or as Act 124 of 2008, or 

simply Act 124). Act 124, passed by the 

Pennsylvania General Assembly and 

signed into state law by Governor 

Rendell in October 2008 (and effective 

at the state level in February 2009), 

reduces the allowable time that heavyduty, commercial highway diesel 

vehicles of over 10,000 pounds gross 

vehicle weight can idle their main 

propulsion engines. The law restricts 

idling of these commercial diesel 

vehicles (mostly heavy trucks and 

buses) to a period of 5 minutes per 

continuous 60 minute period (with 

certain allowable exemptions and 

exclusions). Act 124 applies statewide 

in the Commonwealth, and is estimated 

by Pennsylvania to significantly reduce 

emissions of nitrogen oxides, volatile 

organic compounds, and fine particulate 

matter. While idle time emissions limits 

are not mandatory under the Clean Air 

Act (CAA), incorporation of Act 124 

into the SIP does strengthen the SIP, 

makes the state law federally 

enforceable by EPA, and allows the 

Commonwealth to take credit for 

emissions benefits from the rule as part 

of future Pennsylvania SIP revisions to 

demonstrate compliance with CAA 

National Ambient Air Quality Standards 

(NAAQS). EPA is approving this 

revision governing idling time limits on 

commercial heavy duty vehicles into the 

Pennsylvania SIP. This action is not a 

federal mandate required by the CAA, 

but provides emission reductions that 

aid Pennsylvania in complying with 

CAA NAAQS. EPA’s approval of this 

SIP revision is being done in accordance 

with the requirements of the CAA. 

DATES: This rule is effective on 

September 30, 2011 without further 

notice, unless EPA receives adverse 

written comment by August 31, 2011. If 

EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0471 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2011–0471, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID Number EPA–R03–OAR– 

2011–0471. EPA’s policy is that all 

comments received will be included in 

the public docket without change, and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 


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45706 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this rulemaking action, 

whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, 

we are referring to EPA. The following 

outline is provided to aid in locating 

information in this preamble. 

I. Summary of the SIP Revision 

A. Applicability 

B. Penalties for Violations 

C. Idle Restriction Signage Requirements 

D. Preemption of Local Ordinances and 

Rules 

II. What action is EPA taking? 

III. Why is EPA approving Pennsylvania’s SIP 

revision? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Summary of the SIP Revision 

On January 21, 2010, Pennsylvania 

submitted a SIP revision to incorporate 

its Diesel-Powered Motor Vehicle Idling 

Act. Act 124, as this statute became 

known, was effective at the state level 

on February 6, 2009, and is codified in 

Title 35, Chapter 23B of the 

Pennsylvania Statute. Act 124 restricts 

unnecessary idling of the main 

propulsion engine of in-use dieselpowered commercial, heavy duty motor 

vehicles of over 10,000 pounds gross 

vehicle weight rating. With certain 

exceptions and exemptions, idling of 

subject trucks and buses is restricted to 

5 minutes in any continuous 60-minute 

period. The purpose of Act 124 is to 

reduce emissions of air pollutants, 

including nitrogen oxides and volatile 

organic compounds, both of which are 

precursors to the formation of ground 

level ozone, and which are governed by 

a NAAQS under authority of the CAA. 

Act 124 also addresses fine particulate 

matter, another group of pollutants 

which is regulated by a NAAQS under 

the Clean Air Act. 

A. Applicability 

Act 124 restricts extended idling of 

diesel-powered highway vehicles that 

are used for commercial purposes and 

have a gross vehicle weight rating 

(GVWR) of over 10,000 pounds while 

operating in the Commonwealth of 

Pennsylvania. The regulation sets a time 

limit of five minutes of idling (i.e., 

defined as operation of vehicle’s main 

propulsion engine while the vehicle is 

stationary) per continuous 60 minute 

period. Section 3 of Pennsylvania’s Act 

124 specifically excludes certain types 

of highway vehicles from these idling 

restrictions, including motor homes, 

implements of husbandry, and farm 

vehicles and equipment. 

These idling restrictions do not apply 

to a diesel-powered motor vehicle with 

a label from the California Air Resources 

Board showing that the vehicle’s engine 

meets California’s optional idling 

emission standard for nitrogen oxide 

emissions (per applicable California law 

as it relates to 1985 and newer heavyduty vehicles and engines (13 CCR 

1956.8(a)(6)(C)). 

For vehicles that are subject to 

Pennsylvania’s Act 124, exemptions that 

allow idling beyond the five-minute per 

hour time limit are specified therein, 

including: 

(1) Idling caused by traffic conditions, 

traffic control devices or signals, or law 

enforcement officials; 

(2) idling necessary to operate 

defrosters, heaters, air conditioners, or 

cargo refrigeration equipment, or idling 

necessary to install equipment, or idling 

related to a safety or health emergency 

(not for purposes of a rest period), or to 

comply with manufacturers’ operating 

requirements or operating specifications 

or warranties in accordance with federal 

or state motor carrier safety regulations; 

(3) idling of a police, fire, ambulance, 

public safety, military, utility service, or 

other law enforcement vehicle or 

vehicle being used in an emergency 

capacity and not for the convenience of 

the driver; 

(4) idling of the main propulsion 

engine for maintenance, particulate 

matter trap regeneration, servicing, or 

repair of the vehicle or for vehicle 

diagnostic purposes, if idling is required 

for that activity; 

(5) idling performed as part of a state 

inspection to verify the equipment is in 

good working order, if necessary as part 

of the inspection; 

(6) idling of a primary propulsion 

engine to power work-related 

mechanical, safety, or electrical 

operations other than propulsion (not 

done for cabin comfort or to operation 

nonessential onboard equipment); 

(7) idling of a primary propulsion 

engine necessary as part of a security 

inspection, such as entering or exiting a 

facility; 

(8) idling of an armored vehicle when 

a person remains inside to guard the 

contents or during loading or unloading; 

(9) idling due to mechanical 

difficulties in which the driver has no 

control (if the owner submits repair 

documentation to the Pennsylvania 

Department of Environmental Protection 

within 30 days) verifying that the 

mechanical problem has been remedied; 

(10) idling of a bus, school bus, or 

school vehicle to provide heat or air 

conditioning when non-driver 

passengers are onboard (up to a 

maximum of 15 minutes per continuous 

60 minute period); 

(11) idling necessary for sampling, 

weighing, active loading or unloading 

for an attended motor vehicle waiting 

for sampling, weighing, loading, or 

unloading (up to 15 minutes per 

continuous 60 minute period); 

(12) idling by a school bus or school 

vehicle off school property during 

queuing for the sequential discharge or 

pickup of students where the physical 

configuration of the school or 

surrounding location does not allow for 

stopping; 

(13) idling where necessary for 

maintaining safe operating conditions 

while waiting for a police escort when 

transporting a load requiring issuance of 

a special permit for excessive size and 

weight; 

(14) idling when actively engaged in 

solid waste collection or the collection 

of source-separated recyclable materials 

(not to apply when a vehicle is not 

actively engaged in solid waste or 

source separated recyclables collection); 

B. Penalties for Violations 

Pennsylvania Act 124 lists penalties 

that may result from violations of the 

idling limits in Section 5 of Act 124. 

Violations constitute a summary 

offense, punishable by a fine of not less 

than $150 and not more than $300 and 

court costs. In addition, the 

Commonwealth may issue enforcement 

orders and civil penalties to aid in the 

enforcement of Act 124. 

C. Idling Restriction Signage 

Requirements 

Pennsylvania Act 124 requires that an 

owner or operator of a location where 

vehicles subject to the act load or 

unload that provide 15 or more parking 

spaces for vehicles subject to Act 124 

shall erect and maintain permanent 

signs that inform drivers that idling of 

heavy, commercial diesel-powered 

vehicles is restricted in Pennsylvania. 

D. Preemption of Local Ordinances or 

Rules 

Section 9 of Act 124 preempts and 

supersedes local ordinance or rules 

concerning idling restrictions on 

vehicles subject to Act 124, except 

where the local rule is more restrictive 

than the provisions of Act 124 (if the 

local ordinance or rule was in effect 

prior to January 1, 2007). 


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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 45707 

II. What rulemaking action is EPA 

taking? 

EPA is approving a formal revision to 

the Pennsylvania SIP submitted by the 

Commonwealth on January 21, 2010. 

This SIP revision consists of the DieselPowered Motor Vehicle Idling Act of 

2008 (codified in the Pennsylvania 

Statute, Title 35, chapter 23B 4601– 

4610), which was signed into law by 

Governor Rendell on October 9, 2008 

and became effective as state law on 

February 6, 2009. EPA is taking direct 

final rulemaking action to approve this 

SIP revision, and is acting to incorporate 

by reference Pennsylvania Act 124 of 

2008 entitled, ‘‘The Diesel Powered 

Motor Vehicle Idling Act’’ (codified at 

Title 35, chapter 23B, 4601–4610 of the 

Pennsylvania Statute). 

III. Why is EPA approving 

Pennsylvania’s SIP revision? 

Pennsylvania’s Diesel-Powered Motor 

Vehicle Idling Act SIP results in 

reduced emissions of pollutants that 

contribute to nonattainment of NAAQS 

for ozone and fine particulate matter. 

Specifically, Pennsylvania Act 124 leads 

to elimination of such pollutants 

resulting from unnecessary extended 

idling of heavy-duty, diesel-powered 

commercial vehicles. The reduction in 

vehicle idling resulting from this statute 

decreases emissions of volatile organic 

compounds and nitrogen oxides, both of 

which are ground level ozone pollution 

precursors. Pennsylvania’s Act 124 also 

reduces emissions of fine particulate 

matter, in addition to carbon monoxide 

and carbon dioxide. 

The approval of Pennsylvania’s Act 

124 will strengthen the Pennsylvania 

SIP and will assist the Commonwealth 

in complying with federal ambient air 

quality standards, including the NAAQS 

for ground level ozone and fine 

particulate matter. Act 124 is consistent 

with EPA’s ‘‘Model State Idling Law’’ 

(EPA420–S–06–001, April 2006). This 

model rule was developed with input 

from the states and affected industry to 

address extended idling issues in a 

consistent manner from state to state 

and to aid those being regulated in 

compliance with compliance with 

idling limits. 

IV. Final Action 

EPA is approving Pennsylvania’s 

Diesel-Powered Motor Vehicle Idling 

SIP and incorporating Pennsylvania Act 

124 of 2008 into the Pennsylvania SIP. 

Act 124 is intended to reduce emissions 

caused by unnecessary idling of heavyduty, diesel-powered, commercial motor 

vehicles within the boundaries of the 

Commonwealth of Pennsylvania. 

EPA is publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and we 

anticipate we will receive no adverse 

comment. Act 124 has been in effect at 

the state level in Pennsylvania since 

February 6, 2009. Therefore, the 

regulated community should be 

accustomed to the idling restrictions 

imposed by this state statute. 

Similar provisions for reduced idling 

have been adopted in many other states, 

including the neighboring states of 

Delaware, Maryland, New York, New 

Jersey, Ohio, and West Virginia. We 

anticipate the regulated parties will 

understand Pennsylvania’s 

requirements as they relate to other 

nearby states and localities with similar 

vehicle idling restrictions. Pennsylvania 

Act 124 complies with EPA’s idling 

guidance and model rule. For these 

reasons, EPA anticipates that this direct 

final action to approve Pennsylvania’s 

Diesel-Powered Vehicle Idling Act SIP 

revision will not be controversial. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

September 30, 2011 without further 

notice unless EPA receives adverse 

comment by August 31, 2011. If EPA 

receives adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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 action 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. 


emcdonald on DSK2BSOYB1PROD with RULES
45708 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 30, 2011. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action to approve the 

Pennsylvania Diesel-Powered Vehicle 

Idling Act SIP revision may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 18, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by revising the 

paragraph title and adding Title 35 

Pennsylvania Statute, Chapter 23B, 

Sections 4601 to 4610, at the end of the 

table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) EPA-APPROVED PENNSYLVANIA REGULATIONS AND STATUTES

State citation Title/subject State effective 

date EPA approval date Additional explanation/ § 52.2063 citation 

*******

Title 35 Pennsylvania Statute—Health and Safety 

Chapter 23B—Diesel-Powered Motor Vehicle Idling Act 

Section 4601 ................................ Short title ..................................... 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4602 ................................ Definitions .................................... 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4603 ................................ Restrictions on idling ................... 2/6/09 8/1/11 [Insert] ...................

Section 4604 ................................ Increase of weight limit ................ 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4605 ................................ Penalties ...................................... 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4606 ................................ Disposition of fines ...................... 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4607 ................................ Enforcement ................................ 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4608 ................................ Permanent idling restriction signs 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4609 ................................ Preemption .................................. 2/6/09 8/1/11 [Insert page number where the document 

begins].

Section 4610 ................................ Applicability .................................. 2/6/09 8/1/11 [Insert page number where the document 

begins].


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Rules and Regulations 45709 

* * * * * 

[FR Doc. 2011–19276 Filed 7–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

DEPARTMENT OF ENERGY 

RIN 0648–XA610 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District 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 ocean perch in the 

West Yakutat District of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2011 total 

allowable catch (TAC) of Pacific ocean 

perch in the West Yakutat District of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 27, 2011, through 2400 

hrs, A.l.t., December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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. 

The 2011 TAC of Pacific ocean perch 

in the West Yakutat District of the GOA 

is 1,937 metric tons (mt) as established 

by the final 2011 and 2012 harvest 

specifications for groundfish of the GOA 

(76 FR 11111, March 1, 2011). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2011 TAC of Pacific 

ocean perch in the West Yakutat District 

of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 1,837 mt, and is setting 

aside the remaining 100 mt as bycatch 

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 ocean perch 

in the West Yakutat District of the GOA. 

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 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) 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 Pacific ocean perch 

in the West Yakutat District of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of July 26, 

2011. 

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: July 27, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–19394 Filed 7–27–11; 4:15 pm] 

BILLING CODE 3510–22–P 


emcdonald on DSK2BSOYB1PROD with RULES