Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 28757 

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.25 [Amended] 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2502A Fort Irwin, CA [Amended] 

Under Controlling agency, remove the 

words ‘‘FAA, Hi-Desert TRACON, 

Edwards, CA’’ and insert the words 

‘‘FAA, Los Angeles ARTCC.’’ 

Issued in Washington, DC, May 18, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–12415 Filed 5–21–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2010–0325] 

Drawbridge Operation Regulation; 

Long Island, New York Inland 

Waterway From East Rockaway Inlet to 

Shinnecock Canal, Hempstead, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Wantagh State 

Parkway Bridge across Sloop Channel at 

mile 15.4, at Jones Beach, New York. 

Under this temporary deviation the 

bridge may operate on a special 

operating schedule for five months to 

facilitate the completion of new bridge 

construction. 

DATES: This deviation is effective from 

May 15, 2010 through October 30, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0325 and are available online at http:// 

www.regulations.gov, inserting USCG– 

2010–0325 in the ‘‘Keyword’’ and then 

clicking ‘‘Search’’. They are also 

available for inspection or copying at 

the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone (212) 668–7165. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Wantagh State Parkway Bridge has a 

vertical clearance in the closed position 

of 20 feet at mean high water and 23 at 

mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.5. 

The New York State Department of 

Transportation, requested a temporary 

deviation for the existing bridge to 

operate on special schedule to facilitate 

the completion of the new bridge 

construction. 

The waterway has seasonal 

recreational vessels of various sizes. 

We contacted the New York Marine 

Trades Association, South Bay Cruising 

Club, and Sector Long Island Sound. No 

objection to the proposed temporary 

deviation schedule was received. 

Under this temporary deviation, in 

effect from May 15, 2010 through 

October 30, 2010, the Wantagh State 

Parkway Bridge at mile 15.4, across 

Sloop Channel, at Jones Beach, New 

York, shall operate as follows: The draw 

shall open on signal after at least a halfhour advance notice is given by calling 

the number posted at the bridge. From 

6:30 a.m. through 12 noon and from 

12:15 p.m. through 4 p.m., Monday 

through Friday, one bascule lift span 

may remain in the closed position. A 

full two lift span opening shall be given 

between 12 noon and 12:15 p.m. 

provided at least a one-hour advance 

notice is given by calling the number 

posted at the bridge. 

From 7:30 a.m. through 8:30 p.m. on 

Saturday, Sunday and Federal holidays 

the draw shall open on the hour and 

half-hour provided at least a half-hour 

advance notice is given by calling the 

number posted at the bridge. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: May 7, 2010. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2010–12342 Filed 5–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0405] 

RIN 1625–AA87 

Security Zone; Potomac River, 

Washington Channel, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

in certain waters of Washington 

Channel on the Potomac River. The 

security zone is necessary to provide for 

the security and safety of life and 

property of event participants, 

spectators and mariners during the U.S. 

Coast Guard Vice Commandant’s 

Change of Watch ceremony from 6 a.m. 

through 5 p.m. on May 24, 2010. Entry 

into this zone is prohibited unless 

authorized by the Captain of the Port, 

Baltimore, Maryland, or his designated 

representative. 

DATES: This rule is effective from 6 a.m. 

through 5 p.m. on May 24, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0405 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0405 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

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rule, call or e-mail Mr. Ronald L. Houck, 

Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

contrary to public interest to delay the 

effective date of this rule. The Coast 

Guard is establishing this security zone 

to protect high-ranking government 

officials, mitigate potential terrorist acts, 

and enhance public and maritime safety 

and security. The Coast Guard was 

unable to publish a NPRM due to the 

short time period between event 

planners notifying the Captain of the 

Port Baltimore of the security needs 

during the event and the publication of 

this security zone. Furthermore, 

delaying the effective date would be 

contrary to the security zone’s intended 

objectives of protecting high-ranking 

government officials, mitigating 

potential terrorist acts and enhancing 

public and maritime safety security. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction of vessel traffic is 

necessary to protect life, property and 

the environment, therefore, a 30-day 

notice period is impracticable. Delaying 

the effective date would be contrary to 

the security zone’s intended objectives 

of protecting high-ranking government 

officials, mitigating potential terrorist 

acts and enhancing public and maritime 

safety and security. 

Basis and Purpose 

The Coast Guard will conduct a 

ceremony at Fort McNair in 

Washington, DC on Monday, May 24, 

2010. To address security concerns 

during the event, the Captain of the Port 

Baltimore, Maryland is establishing a 

security zone upon certain waters of the 

Washington Channel. This security zone 

will help the Coast Guard to prevent 

vessels or persons from engaging in 

waterborne terrorist actions during the 

U.S. Coast Guard Vice Commandant’s 

Change of Watch ceremony. Due to the 

catastrophic impact a terrorist attack 

during the ceremony would have 

against the large number of dignitaries, 

and the surrounding area and 

communities, a security zone is prudent 

for this type of event. 

Discussion of Rule 

Through this regulation, the Coast 

Guard will establish a security zone. 

The security zone will be in effect from 

6 a.m. through 5 p.m. on May 24, 2010. 

The security zone will include all 

navigable waters of the Washington 

Channel, from shoreline to shoreline, 

bounded on the north along latitude 

38°52′03′′ N and bounded on the south 

along latitude 38°51′50′′ N (North 

American Datum 1983). This location is 

entirely within the Area of 

Responsibility of the Captain of the Port 

Baltimore, as set forth at 33 CFR 3.25– 

15. 

Vessels underway at the time this 

security zone is implemented would be 

required to immediately proceed out of 

the zone. Vessels already at berth, 

mooring, or anchor at the time the 

security zone is implemented do not 

have to depart the security zone. Entry 

into this zone is prohibited unless 

authorized by the Captain of the Port or 

his designated representative. To seek 

permission to transit the area, the 

Captain of the Port Baltimore can be 

contacted at telephone number 410– 

576–2693 or on Marine Band Radio, 

VHF–FM channel 16 (156.8 MHz). Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio, 

VHF–FM channel 16 (156.8 MHz). The 

Captain of the Port will issue Broadcast 

Notices to Mariners to publicize the 

security zone and notify the public of 

changes in the status of the zone. Such 

notices will continue until the 

ceremony is complete. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. Although this security zone 

restricts vessel traffic through the 

affected area, vessels may seek 

permission from the Captain of the Port 

Baltimore to enter and transit the zone. 

Furthermore, the effect of this regulation 

will not be significant due to the limited 

size and duration that the regulated area 

will be in effect. In addition, 

notifications will be made to the 

maritime community via marine 

information broadcasts so mariners may 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would have 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 Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to operate or transit 

through or within the security zone 

during the enforcement period. The 

security zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. The security zone is 

of limited size and duration. Although 

the security zone will apply to the entire 

width of the channel, maritime 

advisories will be widely available to 

the maritime community before the 

effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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 

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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 28759 

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). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

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. 

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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

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. 

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. 

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. 

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 

require a Statement of Energy Effects 

under Executive Order 13211. 

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. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing a temporary 

security zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0405 to read as 

follows: 

§ 165.T05–0405 Security Zone; Potomac 

River, Washington Channel, Washington, 

DC. 

(a) Location. The following area is a 

security zone: all waters of the 

Washington Channel, from shoreline to 

shoreline, bounded on the north along 

latitude 38°52′03′′ N and bounded on 

the south along latitude 38°51′50′′ N 

(North American Datum 1983). 

(b) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the security zone 

described in paragraph (a) of this 

section. 

(c) Regulations. (1) The general 

security zone regulations found in 33 

CFR 165.33 apply to the security zone 

created by this temporary section, 

§ 165.T05.0405. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. Vessels already at berth, 

mooring, or anchor at the time the 

security zone is implemented do not 

have to depart the security zone. All 

vessels underway within this security 

zone at the time it is implemented are 

to depart the zone. 

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28760 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Rules and Regulations 

(3) Persons desiring to transit the area 

of the security zone must first request 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

lights, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. through 5 

p.m. on May 24, 2010. 

Dated: May 11, 2010. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore Maryland. 

[FR Doc. 2010–12341 Filed 5–21–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090225243–0170–03] 

RIN 0648–AX67 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 31; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This document contains a 

correction to the final rule to implement 

Amendment 31 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico that 

was published in the Federal Register 

Monday, April 26, 2010. 

DATES: This correction is effective May 

26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Scott Sandorf, 727–824–5305; fax: 727– 

824–5308; e-mail: 

scott.sandorf@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On April 26, 2010, (75 FR 21520, 

April 26, 2010) an incorrect coordinate 

for Point G, in § 622.34 (q) was 

published and this document corrects 

that coordinate. 

1. On page 21520, in the third 

column, under § 622.34 (q), the Point G 

coordinate is corrected to read as 

follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(q) * * * 

Point North lat. West long. 

*****

G 26°48.80′ 83°40.00′ 

*****

* * * * * 

Dated: May 18, 2010 

Eric C. Schwaab, 

Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–12383 Filed 5–21–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100121040–0177–01] 

RIN 0648–AY58 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery of the Gulf of Mexico and 

South Atlantic; Revisions To Allowable 

Bycatch Reduction Devices 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

framework procedures for adjusting 

management measures of the Fishery 

Management Plan for the Shrimp 

Fishery of the Gulf of Mexico (Gulf 

FMP) and the Fishery Management Plan 

for the Shrimp Fishery of the South 

Atlantic region (South Atlantic FMP) 

NMFS provisionally recertifies two 

bycatch reduction devices (BRDs) and 

revises the construction and installation 

requirements of one of these BRD 

designs in the southeastern shrimp 

fishery. The intended effect of this rule 

is to improve bycatch reduction in the 

shrimp fishery and better meet the 

requirements of National Standard 9. 

DATES: This rule is effective June 23, 

2010. 

ADDRESSES: Copies of supporting 

documentation for this final rule, which 

includes a regulatory impact review and 

a regulatory flexibility act analysis may 

be obtained from Steve Branstetter, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701–5505. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305. 

SUPPLEMENTARY INFORMATION: The 

fishery for shrimp in the exclusive 

economic zone (EEZ) of the Gulf is 

managed under the FMP prepared by 

the Gulf of Mexico Fishery Management 

Council. The fishery for shrimp in the 

EEZ of the South Atlantic is managed 

under the FMP prepared by the South 

Atlantic Fishery Management Council. 

The FMPs are implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Background 

Regulations implementing 

Amendment 2 to the South Atlantic 

Shrimp FMP (73 FR 18536, April 16, 

1997) established BRD requirements in 

the South Atlantic EEZ. The rule 

established a certification criterion, 

descriptions of BRD designs and 

configurations allowed for use in the 

South Atlantic shrimp fishery, as well 

as procedures to develop and test new 

BRDs for certification. 

Regulations implementing 

Amendment 9 to the Gulf Shrimp FMP 

were published April 14, 1998 (63 FR 

18139), and established a requirement, 

with limited exceptions, for the use of 

certified BRDs in shrimp trawls towed 

in the Gulf EEZ shoreward of the 100- 

fm (183-m) depth contour west of 85° 

30′ W. longitude (western Gulf), the 

approximate longitude of Cape San Blas, 

FL. The rule established descriptions of 

BRD designs and configurations allowed 

for use in the western Gulf shrimp 

fishery. 

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