15092 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 

LOUISIANA—OZONE (8-HOUR STANDARD)—Continued 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. E8–5663 Filed 3–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[USCG–2007–0039] 

RIN 1625–AB23 

2008 Rates for Pilotage on the Great 

Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule. 

SUMMARY: As required by statute, the 

Coast Guard has reviewed and is 

updating the rates for pilotage service 

on the Great Lakes for the 2008 

navigation season. We are increasing 

pilotage rates an average 8.17% over the 

last ratemaking that was completed in 

September 2007. This rulemaking 

promotes the Coast Guard strategic goals 

of maritime safety, protection of natural 

resources, maritime security, and 

maritime mobility. 

DATES: This interim rule is effective 

March 21, 2008. Comments and related 

material must reach the Docket 

Management Facility on or before April 

21, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2007–0039 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590–

0001. 

(3) Hand delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this interim rule, please 

call Mr. Paul Wasserman, Chief, Great 

Lakes Pilotage Branch, Commandant 

(CG–54122), U.S. Coast Guard, at 202–

372–1535, by fax 202–372–1929, or by 

e-mail at Paul.M.Wasserman@uscg.mil. 

For questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Dockets 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

II. Effective Date 

III. Background and Purpose 

IV. Discussion of Comments 

V. Discussion of the Interim Rule 

VI. Regulatory Evaluation 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’

paragraph below. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–0039), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this rule in view of them. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov at any time. 

Enter the docket number for this 

rulemaking (USCG–2007–0039) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

C. Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

II. Effective Date 

This interim rule takes effect upon 

publication in the Federal Register. 

Under 5 U.S.C. 553(d), the Coast Guard 

finds good cause for this interim rule to 

take effect less than 30 days after 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 15093 

publication. Congress mandates that 

Great Lakes pilotage rates be reviewed 

and adjusted annually by March 1. This 

interim rule cannot be issued until some 

time after that date, but we expect it to 

be issued close to the beginning of the 

2008 Great Lakes shipping season in late 

March. If the interim rule takes effect 

upon publication, the Congressional 

intent for rate adjustments before the 

shipping season opens will essentially 

be met. Although the public comments 

received in response to our notice of 

proposed rulemaking (NPRM; 73 FR 

6085, Feb. 1, 2008) raised several 

substantive issues that will require some 

additional time for the Coast Guard to 

review and to properly address in a final 

rule, several comments pointed to the 

need for early rate adjustment, and there 

is no question that a rate adjustment at 

least as large as that proposed in the 

NPRM is fully justified. Therefore, to 

delay implementation of a rate 

adjustment that is unquestionably 

justified, and that Congress intended the 

Coast Guard to make in time for the 

annual resumption of Great Lakes 

shipping is both unnecessary and 

contrary to the public interest, and the 

Coast Guard finds good cause under 5 

U.S.C. 553(d) for this interim rule to 

take effect upon its publication in the 

Federal Register. 

III. Background and Purpose 

The Great Lakes Pilotage Act of 1960, 

codified in Title 46, Chapter 93, of the 

United States Code (U.S.C.), requires 

foreign-flag vessels and U.S.-flag vessels 

in foreign trade to use Federal Great 

Lakes registered pilots while transiting 

the St. Lawrence Seaway and the Great 

Lakes system. 46 U.S.C. 9302, 9308. The 

Coast Guard is responsible for 

administering this pilotage program, 

which includes setting rates for pilotage 

service. 46 U.S.C. 9303. 

The Coast Guard pilotage regulations 

require annual reviews of pilotage rates 

and the creation of a new rate at least 

once every five years, or sooner, if 

annual reviews show a need. 46 CFR 

part 404. Annual reviews ensure that 

sufficient revenues are generated to 

cover the annual projected allowable 

expenses, target pilot compensation, 

and returns on investment of the pilot 

associations. 46 U.S.C. 9303(f) requires 

that we conduct these reviews and make 

appropriate rate adjustments by March 1 

of every shipping season. 

To assist in calculating pilotage rates, 

the three Great Lakes pilotage 

associations are required to submit to 

the Coast Guard annual financial 

statements prepared by certified public 

accounting firms. In addition, every fifth 

year, in connection with the full 

ratemaking, the Coast Guard contracts 

with an independent accounting firm to 

conduct audits of the accounts and 

records of the pilotage associations and 

to submit financial reports relevant to 

the ratemaking process. In those years 

when a full ratemaking is conducted, 

the Coast Guard generates the pilotage 

rates using Appendix A to 46 CFR Part 

404. Between the five-year full 

ratemaking intervals, the Coast Guard 

annually reviews the pilotage rates 

using Appendix C to 46 CFR Part 404, 

and adjusts rates as appropriate. 

The last ratemaking was completed by 

publication of a final rule in the Federal 

Register on September 18, 2007 (72 FR 

53158). The annual review following the 

2007 ratemaking showed a need to 

adjust rates for the 2008 Great Lakes 

shipping season. That adjustment was 

the subject of the NPRM published in 

the Federal Register on February 1, 

2008. 

IV. Discussion of Comments 

The Coast Guard received six 

comments in response to the NPRM. 

The comments raised several issues that 

we considered substantive and which 

will require the Coast Guard to conduct 

additional review to properly address. 

Public comments on the NPRM 

suggested that: 

• We should revise our monthly 

multiplier from 49.5 to 54.5 days; 

• We should apply the AMO wage 

rate and health insurance adjustments 

that are in effect on August 1, 2008; 

• The projected bridge hours for 

Areas 2, 4, and 5 are too high when 

compared to their 2007 actual bridge 

hours experience; 

• We need to address the Riker 

Report on Great Lakes pilotage 

ratemaking and revise the bridge hours 

standards; 

• We should increase our calculations 

for the length of the navigation season 

from 270 days to 284 days; 

• We should raise our weighting 

factor for smaller vessels from 1.0 to 

1.15 in order to align with the 

Canadians current system of weighting 

factors; 

• We should further justify our 

proposal for clarifying the duty of 

compliance with lawful orders; and 

• We should place supporting 

financial and contract documents in the 

public docket. 

At the same time, commenters also 

commended the Coast Guard for acting 

to put new rates in place early in the 

2008 shipping season and urged us to 

implement the rate adjustment as soon 

as possible. We agree that action as 

close to the beginning of the shipping 

season as possible is very important, 

and we acknowledge that Congress has 

set a March 1 deadline for taking that 

action. 

Although the comments on the NPRM 

indicate a possible need for further rate 

adjustments in 2008, there is no 

question that a rate increase at least as 

large as that proposed in the NPRM is 

fully justified. Therefore, we are issuing 

this interim rule in order to make the 

presently justified rate adjustments as 

close as possible to the beginning of the 

2008 Great Lakes navigation season. 

Other issues raised by the public in 

their comments will be addressed in a 

subsequent final rule which we hope to 

issue by this summer. 

V. Discussion of the Interim Rule 

This interim rule puts into place, 

without modification, the rate changes 

that were proposed in the NPRM. 

Because we are implementing this 

portion of the NPRM proposals without 

modification, we will not repeat the 

extended discussion of these changes 

that appears in the NPRM. We are 

increasing pilotage rates in accordance 

with the methodology outlined in 

Appendix C to 46 CFR Part 404. The 

rate changes for each individual pilotage 

Area are shown in Table 1. They average 

8.17% across all Areas. For a full 

discussion of how rate changes were 

calculated, see pages 6087 through 6094 

of the NPRM. 

Based upon comments received, we 

are withholding implementation of the 

amendments proposed to 46 CFR 

§§ 401.700 and 401.710 to clarify the 

obligation imposed on Great Lakes 

registered pilots and authorized pilotage 

pools to fully and professionally 

cooperate in the course of performing 

their duties with U.S. and Canadian 

Coast Guard units and personnel, vessel 

traffic service personnel, and other 

lawful authority. Upon final review, we 

will determine whether these 

amendments should be implemented. 

TABLE 1.—2008 AREA RATE CHANGES

If pilotage service is required 

in: 

Then the 

percentage increases over 

the current 

rate is: 

Area 1 (Designated waters) 7.78 

Area 2 (Undesignated waters) ................................... 8.41 

Area 4 (Undesignated waters) ................................... 8.50 

Area 5 (Designated waters) 7.98 

Area 6 (Undesignated waters) ................................... 8.37 

Area 7 (Designated waters) 7.83 

Area 8 (Undesignated waters) ................................... 8.31 


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15094 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 

VI. Regulatory Evaluation 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analysis based 

on 13 of these statutes or executive 

orders. 

A. Regulatory Analysis 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The changes proposed in the February 

1, 2008 NPRM have not been modified 

for this interim rule. The cost and 

population data contained in the NPRM 

analysis is also unchanged for this 

interim rule. Consequently, we adopt 

the analysis from the NPRM for this 

interim rule. This rule puts into place 

the 8.17 percent average rate adjustment 

for the Great Lakes system over the rate 

adjustment found in the 2007 final rule. 

The annual cost of the rate adjustment 

in this rule to shippers is approximately 

$1.0 million (non-discounted). The total 

five-year present value cost estimate 

(2008–2012) of this rule to shippers is 

$4.4 million discounted at a seven 

percent discount rate and $4.7 million 

discounted at a three percent discount 

rate. We use a five-year cost estimate 

because the Coast Guard is required to 

determine and, if necessary, perform a 

full adjustment of Great Lakes pilotage 

rates every five years. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule has a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The analysis of the impact to small 

entities in the NPRM resulted in a 

finding that the proposed changes 

would not have a significant impact on 

a substantial number of small entities. 

Since we received no comments 

pertaining to small entities and the 

analysis has not changed, we adopt the 

NPRM’s analysis for this interim rule. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule does 

not have a significant economic impact 

on a substantial number of U.S. small 

entities. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities 

in understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking. If the 

rule affects your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call Paul 

Wasserman, Great Lakes Pilotage 

Branch, (CG–54122), U.S. Coast Guard, 

telephone 202–372–1535, or send him email at Paul.M.Wasserman@uscg.mil. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

Under the Paperwork Reduction Act 

of 1995, (44 U.S.C. 3501–3520), the 

Office of Management and Budget 

(OMB) reviews each rule that contains 

a collection of information requirement 

to determine whether the practical value 

of the information is worth the burden 

imposed by its collection. Collection of 

information requirements include 

reporting, record keeping, notification, 

and other similar requirements. 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act. This rule does not 

change the burden in the collection 

currently approved by the Office of 

Management and Budget under OMB 

Control Number 1625–0086, Great Lakes 

Pilotage Methodology. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism because 

there are no similar State regulations, 

and the States do not have the authority 

to regulate and adjust rates for pilotage 

services in the Great Lakes system. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such expenditure, we do discuss the 

economic impact of this rule elsewhere 

in this preamble. 

G. Taking of Private Property 

This rule would not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

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 


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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 15095 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. 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. 

M. Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f). We 

have concluded that this action is not 

likely to have a significant effect on the 

human environment and that there are 

no factors in this case that would limit 

the use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe this rule should 

be categorically excluded, under figure 

2–1, paragraph (34)(a), of the 

Instruction, from further environmental 

documentation. Paragraph 34(a) pertains 

to minor regulatory changes that are 

editorial or procedural in nature. This 

rule adjusts rates in accordance with 

applicable statutory and regulatory 

mandates. A final ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 46 CFR part 401 

Administrative practice and 

procedure, Great Lakes, Navigation 

(water), Penalties, Reporting and 

recordkeeping requirements, Seamen. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 401 as follows: 

PART 401—GREAT LAKES PILOTAGE 

REGULATIONS 

■ 1. The authority citation for part 401 

continues to read as follows: 

Authority: 46 U.S.C. 2104(a), 6101, 7701, 

8105, 9303, 9304; Department of Homeland 

Security Delegation No. 0170.1 46 CFR 

401.105 also issued under the authority of 44 

U.S.C. 3507. 

■ 2. In § 401.405, revise paragraphs (a) 

and (b), including the footnote to Table 

(a), to read as follows: 

§ 401.405 Basic rates and charges on the 

St. Lawrence River and Lake Ontario. 

* * * * * 

(a) Area 1 (Designated Waters): 

Service St. Lawrence River 

Basic Pilotage $14 per Kilometer or $25 

per mile.1

Each Lock 

Transited.

$310.1

Harbor Movage $1,016.1

1The minimum basic rate for assignment of 

a pilot in the St. Lawrence River is $678, and 

the maximum basic rate for a through trip is 

$2,976. 

(b) Area 2 (Undesignated Waters): 

Service Lake Ontario 

Six-Hour Period .................... $517 

Docking or Undocking .......... 493 

■ 3. In § 401.407 revise paragraphs (a) 

and (b), including the footnote to Table 

(b), to read as follows: 

§ 401.407 Basic rates and charges on Lake 

Erie and the navigable waters from 

Southeast Shoal to Port Huron, MI. 

* * * * * 

(a) Area 4 (Undesignated Waters): 

Service 

Lake Erie 

(East of 

Southeast 

Shoal) 

Buffalo 

Six-Hour Period ....................................................................................................................................................... $695 $695 

Docking or Undocking ............................................................................................................................................. 536 536 

Any Point on the Niagara River below the Black Rock Lock .................................................................................. N/A 1,368 

(b) Area 5 (Designated Waters): 

Any point on or in Southeast 

Shoal 

Toledo or 

any point on 

Lake Erie 

west of 

Southeast 

Shoal 

Detroit River Detroit Pilot 

Boat 

St. Clair 

River 

Toledo or any port on Lake Erie west of Southeast Shoal ..................... $1,835 $1,084 $2,382 $1,835 N/A 

Port Huron Change Point ........................................................................ 1 3,195 3,702 2,400 1,867 1,327 

St. Clair River ........................................................................................... 1 3,195 N/A 2,400 2,400 1,084 

Detroit or Windsor or the Detroit River .................................................... 1,835 2,382 1,084 N/A 2,400 

Detroit Pilot Boat ...................................................................................... 1,327 1,835 N/A N/A 2,400 

1When pilots are not changed at the Detroit Pilot Boat. 

■ 4. In § 401.410, revise paragraphs (a), 

(b), and (c) to read as follows: 

§ 401.410 Basic rates and charges on 

Lakes Huron, Michigan, and Superior, and 

the St Mary’s River. 

* * * * * 

(a) Area 6 (Undesignated Waters): 

Service Lakes Huron 

and Michigan 

Six-Hour Period .................... $519 

Service Lakes Huron 

and Michigan 

Docking or Undocking .......... 493 

(b) Area 7 (Designated Waters): 


jlentini on PROD1PC65 with RULES
15096 Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations 

Area De Tour Gros Cap Any Harbor 

Gros Cap ..................................................................................................................................... $1,853 N/A N/A 

Algoma Steel Corporation Wharf at Sault Ste. Marie Ontario .................................................... 1,853 $698 N/A 

Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................ 1,553 698 N/A 

Sault Ste. Marie, MI ..................................................................................................................... 1,553 698 N/A 

Harbor Movage ............................................................................................................................ N/A N/A $698 

(c) Area 8 (Undesignated Waters): 

Service Lake Superior 

Six-Hour Period .................... $503 

Docking or Undocking .......... 478 

§ 401.420 [Amended] 

■ 5. In § 401.420—

■ a. In paragraph (a), remove the 

number ‘‘$86’’ and add, in its place, the 

number ‘‘$93’’; and remove the number 

‘‘$1,349’’ and add, in its place, the 

number ‘‘$1,459’’. 

■ b. In paragraph (b), remove the 

number ‘‘$86’’ and add, in its place, the 

number ‘‘$93’’; and remove the number 

‘‘$1,349’’ and add, in its place, the 

number ‘‘$1,459’’. 

■ c. In paragraph (c)(1), remove the 

number ‘‘$510’’ and add, in its place, 

the number ‘‘$552’’; in paragraph (c)(3), 

remove the number ‘‘$86’’ and add, in 

its place, the number ‘‘$93’’; and, also 

in paragraph (c)(3), remove the number 

‘‘$1,349’’ and add, in its place, the 

number ‘‘$1,459’’. 

§ 401.428 [Amended] 

■ 6. In § 401.428, remove the number 

‘‘$520’’ and add, in its place, the 

number ‘‘$562’’. 

Dated: March 18, 2008. 

James Watson, 

Rear Admiral, U.S. Coast Guard, Acting 

Assistant Commandant for Marine Safety, 

Security and Stewardship. 

[FR Doc. 08–1063 Filed 3–18–08; 4:02 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

RIN 0648–XG52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to fully use the 2008 A season 

total allowable catch (TAC) of Atka 

mackerel in these areas specified for 

vessels participating in the BSAI trawl 

limited access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 18, 2008, through 

1200 hrs, A.l.t., March 20, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 2, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XG52, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; or 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

Instructions: 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 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

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FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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. 

NMFS closed the directed fishery for 

Atka mackerel by vessels participating 

in the BSAI trawl limited access fishery 

in the Eastern Aleutian District and the 

Bering Sea subarea on January 20, 2008 

(73 FR 4494, January 25, 2008). 

NMFS has determined that 

approximately 159 mt of the 2008 A 

season Atka mackerel TAC for vessels 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District and the Bering Sea subarea 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2008 A season TAC of Atka mackerel in 

these areas specified for vessels 

participating in the BSAI trawl limited 

access fishery, NMFS is terminating the 

previous closure and is reopening 

directed fishing for Atka mackerel by 

vessels participating in the BSAI trawl 

limited access fishery in the Eastern 

Aleutian District and the Bering Sea 

subarea. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached after 

48 hours. Consequently, NMFS is 

prohibiting directed fishing for the 2008 

A season TAC of Atka mackerel in these 

areas specified for vessels participating 

in the BSAI trawl limited access fishery 

effective 1200 hrs, A.l.t., March 20, 

2008. 

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 a requirement 

is impracticable and contrary to the 

public interest. This requirement is 


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