Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 54287 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383, and 1383b); sec 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

■ 2. In § 416.1110, revise the section 

heading, paragraph (a) and the first 

sentence of paragraph (c) to read as 

follows: 

§ 416.1110 What is earned income. 

* * * * * 

(a) Wages—(1) Wages paid in cash— 

general. Wages are what you receive 

(before any deductions) for working as 

someone else’s employee. Wages are the 

same for SSI purposes as for the social 

security retirement program’s earnings 

test. (See § 404.429(c) of this chapter.) 

Wages include salaries, commissions, 

bonuses, severance pay, and any other 

special payments received because of 

your employment. 

(2) Wages paid in cash to uniformed 

service members. Wages paid in cash to 

uniformed service members include 

basic pay, some types of special pay, 

and some types of allowances. 

Allowances for on-base housing or 

privatized military housing are 

unearned income in the form of in-kind 

support and maintenance. Cash 

allowances paid to uniformed service 

members for private housing are wages. 

(3) Wages paid in kind. Wages may 

also include the value of food, clothing, 

shelter, or other items provided instead 

of cash. We refer to this type of income 

as in-kind earned income. However, if 

you are a domestic or agricultural 

worker, the law requires us to treat your 

in-kind pay as unearned income. 

* * * * * 

(c) * * * Refunds on account of 

earned income credits are payments 

made to you under the provisions of 

section 32 of the Internal Revenue Code 

of 1986, as amended. * * * 

* * * * * 

■ 3. Amend § 416.1112(c) as follows: 

■ a. Remove the word ‘‘and’’ at the end 

of paragraph (c)(8); 

■ b. Remove the period at the end of 

paragraph (c)(9) and add ‘‘; and’’ in its 

place; 

■ c. Add paragraph (c)(10) to read as 

follows: 

§ 416.1112 Earned income we do not 

count. 

* * * * * 

(c) * * * 

(10) Payments made to participants in 

AmeriCorps State and National and 

AmeriCorps National Civilian 

Community Corps (NCCC). Payments to 

participants in AmeriCorps State and 

National and AmeriCorps NCCC may be 

made in cash or in-kind and may be 

made directly to the AmeriCorps 

participant or on the AmeriCorps 

participant’s behalf. These payments 

include, but are not limited to: Living 

allowance payments, stipends, 

educational awards, and payments in 

lieu of educational awards. 

■ 4. Amend § 416.1124 as follows: 

■ a. Remove the word ‘‘and’’ at the end 

of paragraph (c)(21); 

■ b. Remove the period from the end of 

paragraph (c)(22) and add ‘‘; and’’ in its 

place; and 

■ c. Add new paragraphs (c)(23) and 

(c)(24) to read as follows: 

§ 416.1124 Unearned income we do not 

count. 

* * * * * 

(c) * * * 

(23) AmeriCorps State and National 

and AmeriCorps National Civilian 

Community Corps cash or in-kind 

payments to AmeriCorps participants or 

on AmeriCorps participants’ behalf. 

These include, but are not limited to: 

Food and shelter, and clothing 

allowances; 

(24) Any annuity paid by a State to a 

person (or his or her spouse) based on 

the State’s determination that the person 

is: 

(i) A veteran (as defined in 38 U.S.C. 

101); and 

(ii) Blind, disabled, or aged. 

■ 5. Amend § 416.1130 by adding the 

following sentence to the end of 

paragraph (b) to read as follows: 

§ 416.1130 Introduction. 

* * * * * 

(b) How we define in-kind support 

and maintenance. * * * In addition, 

cash payments to uniformed service 

members as allowances for on-base 

housing or privatized military housing 

are in-kind support and maintenance. 

* * * * * 

Subpart L—[Amended] 

■ 6. The authority citation for subpart L 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383, and 1383b); sec 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

■ 7. Amend § 416.1210 as follows: 

■ a. Remove the word ‘‘and’’ at the end 

of paragraph (u); 

■ b. Remove the period from the end of 

paragraph (v) and add ‘‘; and’’ in its 

place; and 

■ c. Add paragraph (w) to read as 

follows: 

§ 416.1210 Exclusions from resources; 

general. 

* * * * * 

(w) Any annuity paid by a State to a 

person (or his or her spouse) based on 

the State’s determination that the person 

is: 

(1) A veteran (as defined in 38 U.S.C. 

101); and 

(2) Blind, disabled, or aged. 

[FR Doc. 2010–22179 Filed 9–3–10; 8:45 am] 

BILLING CODE 4191–02–P 

POSTAL SERVICE 

39 CFR Part 111 

Submission of Electronic 

Documentation With Comailed and 

Copalletized Mailings 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705 and 707 to require mailers 

preparing comailed or copalletized 

mailings, or mail owners who contribute 

mailpieces to a consolidated comailed 

or copalletized mailing, to submit 

electronic documentation to the USPS®

by an approved method. 

DATES: Effective Date: January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: 

David Guinther at 202–268–7769 or 

Kevin Gunther at 202–268–7208. 

SUPPLEMENTARY INFORMATION: The 

support of electronic documentation for 

a comailed and copalletized mailing 

enhances the electronic visibility of the 

mailpiece, allows for a reduction in 

postal handling, and improves 

efficiency of USPS processing. 

The Postal Service published a 

proposed rule Federal Register notice, 

Submission of Electronic 

Documentation with Comailed and 

Copalletized Mailings (75 FR 32143– 

32145) on June 7, 2010. 

This final rule will require comailed 

and copalletized mailings to include 

Intelligent Mail® tray labels on trays or 

sacks. Intelligent Mail container 

placards must also be used on pallets or 

similar containers when making 

comailed or copalletized mailings. 

The Postal Service will accept piecelevel electronic documentation through 

either of two methods—Mail.dat® or 

Mail.XML®. The original container data, 

included in the Mail.dat or Mail.XML 

file, permit the tracking of containers 

from their origin, through the 

consolidation site, and ultimately into 

USPS processing. These original 


wwoods2 on DSK1DXX6B1PROD with RULES
54288 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 

container data are essential for the 

generation of standardized 

documentation (i.e. qualification 

reports) and postage statements for 

comailed or copalletized mailings. 

Therefore, the Postal Service will 

require mail owners and mailers 

associated with the preparation and 

presentation of comailed and 

copalletized mailings to transmit 

electronic documentation to the USPS 

using properly formatted Mail.dat or 

Mail.XML files. Electronic postage 

statements prepared through Postal 

Wizard will not fulfill this 

documentation requirement. 

This final rule will require mailers 

preparing mailings of letter-size pieces 

in trays, which include mailpieces to be 

incorporated in a copalletized mailing, 

to prepare separate postage statements 

for the portion of the mailing being 

accepted at the origin site, and separate 

electronic postage statements for the 

portion being directed to a consolidator. 

Consolidators preparing copalletized 

mailings of trays must prepare 

electronic documentation showing the 

assignment of the trays with Intelligent 

Mail tray labels to pallets bearing 

Intelligent Mail container placards. 

Consolidators of letter-size pieces in 

trays will also be required to dropship 

copalletized mailpieces at the 

appropriate postal facility in accordance 

with the entry discount claimed at the 

origin acceptance location. 

Origin mailers preparing mailings of 

bundles of flats must prepare separate 

postage statements for the portion of the 

mailing being accepted at the origin site, 

and electronic documentation for that 

portion being directed to a consolidator. 

For mailings of bundles of flats, the 

electronic data will be used to generate 

electronic postage statements and 

payment at the consolidator site. 

DMM 705.22.0 currently requires 

electronic documentation with mailings 

(including comailed or copalletized 

mailings) that include full-service 

Intelligent Mail letters or flats. These 

standards have not changed. Mailers 

who prepare full-service Intelligent Mail 

pieces that will later be included in a 

copalletized mailing must prepare these 

pieces to meet the requirements for fullservice Intelligent Mail, including the 

use of an approved electronic method to 

transmit postage statements and mailing 

documentation to the USPS. 

Consolidators must then ensure that 

mailings including any full-service 

mailpieces meet all of the requirements 

for the full-service automation option 

specified in DMM 705.22.0. 

This final rule will require Periodicals 

mailers to submit electronic 

documentation for each comailed and/ 

or copalletized mailing, identifying each 

title and version (or edition) in the 

mailing. For mailings that are entered at 

origin, and later copalletized at a 

consolidation site, the mail owner or 

preparer must submit electronic 

documentation (Mail.dat or Mail.XML) 

for the copalletized portion of the 

mailing. For copalletized Periodicals 

mail, electronic postage statements and 

payment must be entered at the 

consolidator’s site. 

Electronic documentation submitted 

at the origin site must indicate which 

bundles, trays, or sacks will be sent to 

a consolidator for copalletization. The 

standardized documentation and 

postage statements must then be 

available in PostalOne! ® for review by 

USPS acceptance personnel when the 

electronic documentation for the 

copalletized portion of the mailing job 

is updated by the consolidator. The 

origin site is required to transmit 

electronic documentation to the 

PostalOne! system before the 

consolidator’s electronic documentation 

and electronic postage statements are 

transmitted to the USPS. When 

copalletizing letters in trays, postage 

statements at the origin site must be 

finalized before the consolidator’s 

electronic documentation is transmitted 

to the USPS. 

With this final rule, the consolidator 

will be responsible for updating the 

electronic documentation from the mail 

owner or preparer for that portion of the 

mailing going to the consolidation site. 

Mailers consolidating multiple mailings 

on pallets must use the electronic data 

received from the originator of the 

mailing to create new electronic data. 

These electronic data will then be used 

to generate the original container data, 

indicating the origin of the bundles, 

trays or sacks comprising the 

copalletized mailing. 

The Postal Service revises portions of 

DMM 705.8.0 to refer to the 

copalletization of letter-size pieces 

within those sections. 

Comments Received: The Postal 

Service received five comments in 

response to the proposed rule, some 

addressing multiple issues. These 

comments are summarized as follows: 

Two commenters referenced a 

requirement in the preamble of the 

proposed rule Federal Register notice 

regarding the payment of postage at the 

consolidator’s site when making 

copalletized mailings of letters in trays. 

This language has been revised in the 

final rule to clarify that postage payment 

for copalletized mailings of letters in 

trays will be at the origin site and not 

at the consolidator’s mailing site. 

One commenter questioned why it 

would be necessary to use Intelligent 

Mail tray labels and container placards 

with full-service mailpieces that are 

intended to be included in a 

copalletized mailing. In response, we 

clarify that mailers preparing fullservice pieces that are expected to be 

included in a copalletized mailing may 

omit Intelligent Mail pallet placards 

from the containers used to transport 

these pieces to the consolidator, as long 

as these pieces are in full compliance 

with DMM 705.22 at the time the mail 

is presented to the USPS for mailing. To 

ensure effective and consistent USPS 

verification, Intelligent Mail tray labels 

will be required to be placed on trays, 

or similar containers, prior to fullservice mailpieces leaving the origin 

facility. 

One commenter requested 

information on how these new 

standards would relate to mixed-class 

comail mailings within the PostalOne! 

system. At this time, the Postal Service 

is not planning any change to current 

processes for the submission or 

processing of postage statements from 

mailers participating in the mixed class 

comail pilot. General use standards for 

mixed-class comail are still under 

consideration within the USPS; and no 

decision has been made regarding their 

implementation. 

Another commenter requested that 

the USPS relax the requirement for 

mailers at the origin site to prepare 

separate postage statements for the 

portion of the mailing being entered at 

origin from that being directed to a 

consolidator. This commenter states that 

most mailers participating in 

copalletized mailings are able to provide 

a summary listing that specifies which 

trays are being entered at origin and 

which will be sent to the consolidator. 

The USPS will investigate the feasibility 

of using mailer-provided documentation 

in lieu of separate postage statements 

and may consider this option in a future 

rulemaking. 

One commenter requested a minimum 

60-day transitional window between the 

PostalOne! implementation date and the 

effective date for these new standards. 

In response, we will delay the effective 

date until January 2, 2011. This should 

give mailers sufficient time to make any 

necessary software changes and to test 

their systems prior to the effective date. 

Two comments referenced language 

in the proposal that would require 

consolidators to prepare mailings to the 

finest presort level possible, and to 

dropship mailpieces in accordance with 

the entry discount claimed at the origin 

acceptance site. One commenter stated 

that their current copalletization 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 54289 

agreement affords them the option to 

selectively palletize to the sectional 

center facility (SCF), area distribution 

center (ADC) (for Periodicals), or 

network distribution center (NDC) as 

conditions dictate and not necessarily 

by the available volume for a particular 

pallet level. Another commenter related 

the necessity for a consolidator to have 

flexibility in deciding the final dropship 

destination for the mailpieces 

comprising the copalletized mailing, 

without regard to the entry discount 

taken by the mail owner at the origin 

site. Although such policies may have 

been a commonly accepted practice in 

the past, they will be discontinued with 

the effective date of these standards. For 

clarity, we also revised the language in 

this final rule to state that the presort 

level of mailpieces in copalletized 

mailings of Standard Mail letters in 

trays must accurately reflect the postage 

and entry discount claimed at the origin 

site. It was suggested that consolidators 

may have the ability to process 

electronic transactions directly into 

PostalOne! to offset the postage 

deficiency resulting from mailpieces 

dropped less deeply into the USPS 

network than that claimed by the mail 

owner at the origin site. The Postal 

Service will investigate the practicality 

of adding this functionality in 

PostalOne! and may consider providing 

this option at a future date. 

One commenter requested 

enhancements to PostalOne! to allow for 

the generation of a ‘‘master statement’’ 

that could include the mailpieces being 

presented at origin as well as those 

being directed to the consolidator. This 

request is outside the scope of this 

particular rulemaking and will be 

forwarded to the PostalOne! program 

management office for review. 

The Postal Service hereby adopts the 

following changes to the Mailing 

Standards for the United States Postal 

Service, Domestic Mail Manual (DMM), 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR Part 111.1 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR Part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

700 Special Standards 

* * * * * 

705 Advanced Preparation and Special 

Postage Payment Systems 

* * * * * 

8.0 Preparing Pallets 

* * * * * 

[Revise title of 8.7 as follows:] 

8.7 Copalletized, Combined, or Mixed-Price 

Level Palletized Mailings 

8.7.1 General 

[Revise 8.7.1 as follows:] 

Copalletized, combined, or mixed-price 

level palletized mailings of letter-size or flatsize pieces must be prepared under the 

standards for the class of mail, subject to 

specific authorization by Business Mailer 

Support when required. The following 

conditions apply when making copalletized 

mailings: 

a. Postage statements and mailing 

documentation must be transmitted to the 

USPS using an approved electronic method. 

b. Intelligent Mail tray labels must be used 

on trays or sacks, and Intelligent Mail 

container placards must be used on pallets or 

similar containers, under 708.6.5 and 

708.6.6. 

c. If consolidating multiple mailings on 

pallets, update the electronic data for each of 

the original mailings. This updated data must 

be reflected in the electronic data transmitted 

to the USPS. 

d. Meet postage payment requirements as 

specified by Business Mailer Support. 

* * * * * 

8.7.3 Periodicals Publications 

[Revise 8.7.3 by adding a new third sentence 

as follows:] 

* * * Postage for copalletized mailings of 

flat-size Periodicals must be paid at the 

consolidator’s site. * * * 

* * * * * 

8.7.4 Standard Mail 

[Revise 8.7.4 by adding new third and fourth 

sentences as follows:] 

* * * For Standard Mail letter-size pieces, 

the presort level of the mailpieces in the 

copalletized mailing must accurately reflect 

the postage and entry discount paid at the 

origin site; and will not always result in the 

finest pallet presort level possible. Origin 

mailers participating in a copalletized 

mailing of Standard Mail letters in trays must 

prepare a separate postage statement for the 

portion entered at the origin site and another 

postage statement for the portion directed to 

the consolidator. 

* * * * * 

8.8 Basic Uses 

These types of mail may be palletized: 

* * * * * 

[Revise 8.8 by re-sequencing items f through 

i as the new g through j and adding a new 

item f as follows:] 

f. Copalletized multiple letter-size 

mailings, prepared in trays, subject to 8.0. 

* * * * * 

[Revise title of 8.16 as follows:] 

8.16 Copalletized Letter-size and Flat-size 

Pieces—Periodicals or Standard Mail 

8.16.1 Basic Standards 

[Revise 8.16.1 as follows:] 

Copalletized letter-size and flat-size 

mailings must meet the applicable standards 

in 8.0. In addition, if copalletized under 10.0, 

12.0, or 13.0, the applicable provisions of 

that preparation option must also be met. 

Any combination of automation mailings and 

nonautomation mailings is subject to the 

restrictions in 8.14. Trays and bundles in a 

copalletized mailing qualify for the 

appropriate presort level price, regardless of 

the presort level for the pallet on which they 

are placed. Mailers participating in 

copalletized mailings must: 

a. Transmit postage statements and mailing 

documentation to the USPS using an 

approved electronic method. 

b. Use Intelligent Mail tray labels on trays 

and sacks and Intelligent Mail container 

placards on pallets or similar containers, 

under 708.6.5 and 708.6.6. 

c. If consolidating multiple mailings on 

pallets, update the electronic data for each of 

the original mailings. These updated data 

must be reflected in the electronic data 

transmitted to the USPS by the consolidator. 

d. Meet postage payment requirements as 

specified by Business Mailer Support. 

8.16.2 Periodicals 

Additional standards are as follows: 

* * * * * 

[Revise 8.16.2 by adding a new item d as 

follows:] 

d. Postage for copalletized mailings of flatsize Periodicals must be paid at the 

consolidator’s site. 

8.16.3 Standard Mail 

Additional standards are as follows: 

* * * * * 

[Revise 8.16.3 by adding a new item f as 

follows:] 

f. Origin mailers participating in a 

copalletized mailing of Standard Mail letters 

in trays must prepare a separate postage 

statement for the portion entered at the origin 

site and another postage statement for the 

portion directed to the consolidator. 

* * * * * 

707 Periodicals 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with RULES
54290 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 

27.0 Combining Multiple Editions or 

Publications 

* * * * * 

27.5 Documentation 

* * * The following additional standards 

apply: 

* * * * * 

[Revise 27.5 by adding a new item c as 

follows:] 

c. Unless excepted by Business Mailer 

Support (BMS), mailers combining 

Periodicals publications under 27.1a or 27.1c 

must transmit postage statements and 

mailing documentation to the USPS using a 

BMS-approved electronic method. 

[Renumber current 27.6 through 27.8 as new 

27.7 through 27.9 and add a new item 27.6 

as follows:] 

27.6 Additional Standards 

Mailers combining Periodicals publications 

under 27.1a or 27.1c must: 

a. Use Intelligent Mail tray labels on trays 

and sacks, and Intelligent Mail container 

placards on pallets or similar containers, 

under 708.6.5 and 6.6. 

b. When using a consolidator, prepare a 

separate postage statement for the portion of 

the mailing accepted at the origin site and 

another statement for that portion directed to 

a consolidator. 

c. When using a consolidator under 27.1c, 

pay postage at the consolidator’s site. 

d. If consolidating multiple mailings on 

pallets, update the electronic data for each of 

the original mailings. These updated data 

must be reflected in the electronic data 

transmitted to the USPS. 

e. Meet postage payment requirements as 

specified by Business Mailer Support. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–22134 Filed 9–3–10; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0908191244–91427–02] 

RIN 0648–XY61 

Fisheries of the Northeastern United 

States; Scup Fishery; Adjustment to 

the 2010 Winter II Quota 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS adjusts the 2010 

Winter II commercial scup quota. This 

action complies with Framework 

Adjustment 3 (Framework 3) to the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan, which 

established a process to allow the 

rollover of unused commercial scup 

quota from the Winter I period to the 

Winter II period. 

DATES: Effective September 7, 2010, 

through December 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Management 

Specialist, (978) 281–9257. 

SUPPLEMENTARY INFORMATION: NMFS 

published a final rule in the Federal 

Register on November 3, 2003 (68 FR 

62250), implementing a process, for 

years in which the full Winter I 

commercial scup quota is not harvested, 

to allow unused quota from the Winter 

I period (January 1 through April 30) to 

be added to the quota for the Winter II 

period (November 1 through December 

31), and to allow adjustment of the 

commercial possession limits for the 

Winter II period commensurate with the 

amount of quota rolled over from the 

Winter I period. 

For 2010, the initial Winter II quota is 

1,701,695 lb (772 mt), and the best 

available landings information indicates 

that 76,256 lb (35 mt) remain of the 

Winter I quota of 4,815,775 lb (2,184 

mt). Consistent with the intent of 

Framework 3, the full amount of unused 

2010 Winter I quota is transferred to 

Winter II, resulting in a revised 2010 

Winter II quota of 1,777,951 lb (806 mt). 

Because the amount transferred is less 

than 499,999 lb (227 mt), the possession 

limit per trip will remain 2,000 lb (907 

kg) during the Winter II quota period, 

consistent with the final rule Winter I to 

Winter II possession limit increase table 

(table 4) published in the 2010 final 

scup specifications (74 FR 67978, 

December 22, 2009). 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment on this in-season 

adjustment because it is impracticable 

and contrary to the public interest. The 

landings data upon which this action is 

based is not available on a real-time 

basis and were compiled only a short 

time before the determination was made 

that this action is warranted. If 

implementation of this in-season action 

is delayed to solicit prior public 

comment, the objective of the fishery 

management plan to achieve the 

optimum yield from the fishery could be 

compromised; deteriorating weather 

conditions during the later part of the 

fishery year will reduce fishing effort 

and could result in the annual quota 

from being fully harvested. This would 

conflict with the agency’s legal 

obligation under the Magnuson-Stevens 

Fishery Conservation and Management 

Act to achieve the optimum yield from 

a fishery on a continuing basis. This 

will have a negative economic impact 

on vessels permitted to fish in this 

fishery. 

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

Dated: September 1, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–22202 Filed 9–1–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XY78 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in 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 species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the fourth seasonal apportionment of 

the Pacific halibut bycatch allowance 

specified for the shallow-water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 3, 2010, through 

1200 hrs, A.l.t., October 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

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 


wwoods2 on DSK1DXX6B1PROD with RULES