27216 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 22. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 23. In § 177.848, revise paragraph (c) 

to read as follows: 

§ 177.848 Segregation of hazardous 

materials. 

* * * * * 

(c) In addition to the provisions of 

paragraph (d) of this section and except 

as provided in § 173.12(e) of this 

subchapter, cyanides, cyanide mixtures 

or solutions may not be stored, loaded 

and transported with acids; Division 4.2 

materials may not be stored, loaded and 

transported with Class 8 liquids; and 

Division 6.1 Packing Group I, Hazard 

Zone A material may not be stored, 

loaded and transported with Class 3 

material, Class 8 liquids, and Division 

4.1, 4.2, 4.3, 5.1 or 5.2 material. 

* * * * * 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 24. The authority citation for part 179 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 25. Revise § 179.13 to read as follows: 

§ 179.13 Tank car capacity and gross 

weight limitation. 

Except as provided in this section, 

tank cars, built after November 30, 1970, 

or any existing tank cars that are 

converted, may not exceed 34,500 

gallons (130,597 L) capacity or 263,000 

pounds (119,295 kg) gross weight on 

rail. 

(a) For other than tank cars containing 

poisonous-by-inhalation material, a tank 

car may be loaded to a gross weight on 

rail of up to 286,000 pounds (129,727 

kg) upon approval by the Associate 

Administrator for Safety, Federal 

Railroad Administration (FRA). Tank 

cars must conform to the conditions of 

the approval and must be operated only 

under controlled interchange conditions 

agreed to by participating railroads. 

(b) Tank cars containing poisonousby-inhalation material meeting the 

applicable authorized tank car 

specifications listed in § 173.244(a)(2) or 

(3), or § 173.314(c) or (d) may have a 

gross weight on rail of up to 286,000 

pounds (129,727 kg). Tank cars 

exceeding 263,000 pounds and up to 

286,000 pounds gross weight on rail 

must meet the requirements of AAR 

Standard S–286, Free/Unrestricted 

Interchange for 286,000 lb Gross Rail 

Load Cars (IBR; see § 171.7 of this 

subchapter). Any increase in weight 

above 263,000 pounds may not be used 

to increase the quantity of the contents 

of the tank car. 

Issued in Washington, DC on May 7, 2010, 

under authority delegated in 49 CFR part 1. 

Cynthia L. Quarterman, 

Administrator. 

[FR Doc. 2010–11570 Filed 5–13–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 090130104–91027–02] 

RIN 0648–XW12 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Fishing 

Restrictions and Observer 

Requirements in Purse Seine Fisheries 

for 2009–2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Rule; announcement of date of 

applicability. 

SUMMARY: NMFS announces that the 

catch retention requirements for U.S. 

purse seine fishing vessels operating in 

the area of application of the 

Convention on the Conservation and 

Management of Highly Migratory Fish 

Stocks in the Western and Central 

Pacific Ocean (Convention Area) will be 

applicable from 00:00 on June 14, 2010, 

Universal Coordinated Time (UTC). In 

accordance with regulations, the 

requirements will be applicable until 

24:00 on December 31, 2011, UTC, or 

until nullified by a notification in the 

Federal Register. This action is being 

taken to implement, for U.S. fishing 

vessels, the catch retention measures 

adopted by the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC) at its regular annual session in 

December 2008. The action will have 

the effect of requiring that U.S. purse 

seine vessels do not discard any bigeye 

tuna, yellowfin tuna, or skipjack tuna at 

sea within the Convention Area, except 

in certain specified circumstances. 

DATES: The date of applicability of 50 

CFR 300.223(d) is 00:00 on June 14, 

2010, UTC, and the requirements of that 

paragraph will be applicable until 24:00 

on December 31, 2011, UTC, or until 

nullified by a notification in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS Pacific Islands Regional 

Office, 808–944–2219. 

SUPPLEMENTARY INFORMATION: 

Regulations at 50 CFR 300.223(d)(1) 

provide for NMFS to publish a 

notification in the Federal Register 

announcing the ‘‘effective date’’ of the 

catch retention requirements set forth at 

50 CFR 300.223(d)(3), which apply to 

U.S. fishing vessels equipped with 

purse seine gear operating in the 

Convention Area. The phrase ‘‘effective 

date’’ as used in 50 CFR 300.223(d) is 

synonymous with the ‘‘date of 

applicability’’ in this notice of the catch 

retention requirements. The term ‘‘date 

of applicability’’ is used here to clarify 

that the regulation, including 50 CFR 

300.223(d)(1), became effective (but not 

yet applicable) on August 3, 2009. The 

regulations at 50 CFR 300.223(d) 

establish the catch retention 

requirements adopted by the WCPFC. 

The notification by NMFS is to be based 

on NMFS’ determination as to whether 

an adequate number of WCPFC 

observers is available for the purse seine 

vessels of all members of the WCPFC as 

necessary to ensure compliance by such 

vessels with the catch retention 

requirements established by the 

WCPFC. Based upon information 

provided by the WCPFC Secretariat, 

NMFS has determined that an adequate 

number of WCPFC observers is 

currently available for placement aboard 

purse seine vessels of all WCPFC 

members. Accordingly, NMFS 

announces through this document that 

the date of applicability of the catch 

retention requirements is 00:00 on June 

14, 2010, UTC. In accordance with 50 

CFR 300.223(d)(3), the requirements 

will be applicable until 24:00 on 

December 31, 2011, UTC, or until they 

are nullified by a notification in the 

Federal Register pursuant to 50 CFR 

300.223(d)(2). 

Further information about the 

Convention, the catch retention 

requirements established by the 

WCPFC, and the basis for the catch 

retention requirements for U.S. fishing 

vessels set forth at 50 CFR 300.223(d) 

can be found in the proposed and final 

rules to establish the requirements for 

U.S. fishing vessels (74 FR 26160, June 

1, 2009; and 74 FR 38544, August 4, 

2009; respectively). 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27217 

Classification 

This action is required by 50 CFR 

300.223(d) and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

NMFS Assistant Administrator for 

Fisheries finds good cause to waive the 

requirement to provide prior notice and 

an opportunity for public comment on 

this action, as such procedures would 

be unnecessary and contrary to the 

public interest. Such procedures would 

be unnecessary as NMFS provided prior 

notice and an opportunity for public 

comment on the regulations establishing 

the criteria for implementing the catch 

retention requirement (proposed rule 

published at 74 FR 26160, June 1, 2009, 

and final rule published at 74 FR 38544, 

August 4, 2009), and all that remains is 

to notify the public of the date of 

applicability of the requirement. In 

addition, prior notice and comment 

would be contrary to the public interest 

because it would unnecessarily delay 

implementation of the catch retention 

requirement, an international obligation 

of the United States under the 

Convention, after a determination that 

there is a sufficient number of observers 

for placement aboard purse seine 

vessels of WCPFC members. 

Authority: 16 U.S.C. 6901 et seq. 

Dated: May 7, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–11348 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 622, 635, 640, and 654 

[Docket No. 100510220–0221–01] 

RIN 0648–AY90 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Emergency Fisheries Closures in the 

Southeast Region Due to the 

Deepwater Horizon Oil Spill; 

Amendment 2 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule; amendment; 

request for comments. 

SUMMARY: NMFS issues this emergency 

rule to close portions of the Gulf of 

Mexico (Gulf), South Atlantic, and 

Caribbean exclusive economic zones 

(Southeast EEZ) to all fishing as 

necessary when new information 

becomes available, to respond to the 

evolving nature of the Deepwater 

Horizon oil spill. The closed portions of 

the Southeast EEZ will be updated on a 

regular basis and announced to the 

public via NOAA Weather Radio, 

fishery bulletin, and NOAA Web site 

updates. The updated closed area may 

also be obtained by calling the NMFS 

Southeast Regional Office, Sustainable 

Fisheries Division at 727–824–5305. 

This rule replaces the existing closure 

rule, which became effective May 7, 

2010, and will remain in effect until 

terminated by subsequent rulemaking, 

which will occur once the existing 

emergency conditions from the oil spill 

no longer exist. Fish and shellfish in oil 

affected waters may be contaminated 

with levels of hydrocarbons above 

baseline levels. The U.S. Food and Drug 

Administration (FDA) considers such 

seafood to be adulterated. The intent of 

this emergency rule is to prohibit the 

harvest of adulterated seafood and for 

public safety. 

DATES: This rule is effective May 11, 

2010. Comments may be submitted 

through June 10, 2010. 

ADDRESSES: You may submit comments 

on this rule, identified by ‘‘0648–AY90’’ 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 727–824–5308; Attention: 

Anik Clemens. 

• Mail: Anik Clemens, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period. 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. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0103’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ 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. 

Copies of the environmental 

assessment, which includes a finding of 

no significant impact, may be obtained 

from Cynthia Meyer, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701–5505; 

telephone: 727–824–5305; e-mail: 

cynthia.meyer@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

anik.clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c). 

Background 

NMFS responded to the April 20, 

2010 Deepwater Horizon oil spill by 

closing a portion of the Gulf EEZ to all 

fishing through an emergency rule 

effective May 2, 2010 (75 FR 24822, May 

6, 2010). The closure covered an area of 

the Gulf approximately 6,817 square 

miles (17,655 square km), or 3 percent 

of the total area of the Gulf EEZ. Oil 

continued to leak from the Deepwater 

Horizon incident at a rate of 

approximately 5,000 barrels (210,000 

gallons, or 794,936.5 liters) per day. Due 

to the evolving nature of the oil spill, 

NMFS revised the closed area in a 

second emergency rule that became 

effective May 7, 2010 and will publish 

May 12, 2010. This second emergency 

rule closed an area of the Gulf 

approximately 10,807 square miles 

(27,989 square km), or 4.5 percent of the 

total area of the Gulf EEZ, therefore, 

95.5 percent of the Gulf remains open. 

Need for This Emergency Rule 

The oil spill continues to shift 

locations in the Gulf of Mexico and 

could reach South Atlantic and/or 

Caribbean Federal waters. Wind speed 

and direction, currents, waves, and 

other weather patterns lead to changes 

in oil location. As the weather 

conditions controlling the movement of 

the oil change, the oil could move in 

directions not initially predicted. This 

emergency rule allows NMFS to make 

more timely revisions to the area closed 

to all fishing. This will become 

necessary as new information on the 

location of the Deepwater Horizon oil 

spill becomes available. Continuing to 

follow the process of revising the closed 

area through publication of successive 

emergency rules does not allow for 

timely modification of the closure and 


emcdonald on DSK2BSOYB1PROD with RULES