Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64165 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 20, 

2010. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. See section 307(b)(2). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: October 7, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2010–26258 Filed 10–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Roy 

E. Wright, Deputy Director, Risk 

Analysis Division, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3461, or (e-mail) 

roy.e.wright@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

Marion County, Alabama, and Incorporated Areas 

Docket No.: FEMA–B–1041 

Unnamed Tributary to Reddy 

Creek.

At the confluence with Reedy Creek .................................. +458 Town of Gu-Win. 


emcdonald on DSK2BSOYB1PROD with RULES
64166 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

Approximately 1,825 feet upstream of the confluence with 

Reedy Creek.

+459 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Town of Gu-Win 

Maps are available for inspection at 4835 U.S. Route 43, Gu-Win, AL 35563. 

Cowley County, Kansas, and Incorporated Areas 

Docket No.: FEMA–B–1016 

Black Crook Creek .................... Approximately 0.38 mile upstream of Simpson Avenue ..... +1154 City of Winfield, Unincorporated Areas of Cowley 

County. 

Approximately 0.16 mile upstream of 152nd Street ........... +1244 

Black Crook Creek Tributary 1 Approximately 0.36 mile downstream of 101st Road ......... +1120 Unincorporated Areas of 

Cowley County. 

Approximately 0.91 mile upstream of 103rd Road ............. +1188 

Black Crook Creek Tributary 2 At the confluence with Black Crook Creek ......................... +1132 City of Winfield, Unincorporated Areas of Cowley 

County. 

Approximately 350 feet upstream of K–360 ....................... +1183 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Winfield 

Maps are available for inspection at the City Office, 200 East 9th Avenue, Winfield, KS 67156. 

Unincorporated Areas of Cowley County 

Maps are available for inspection at the Cowley County Office, 311 East 9th Avenue, Winfield, KS 67156. 

Edmonson County, Kentucky, and Incorporated Areas 

Docket No.: FEMA–B–1074 

Alexander Creek (backwater effects from Green River).From the confluence with the Green River to approximately 240 feet upstream of the confluence with Alexander Creek Tributary 3.+446 Unincorporated Areas of 

Edmonson County. 

Bear Creek (backwater effects 

from Green River).

From the confluence with the Green River to approximately 3.8 miles upstream of the confluence with the 

Green River.

+438 Unincorporated Areas of 

Edmonson County. 

Beaverdam Creek South (backwater effects from Green 

River).

From the confluence with the Green River to approximately 3.4 miles upstream of the confluence with the 

Green River.

+449 City of Brownsville, Unincorporated Areas of 

Edmonson County. 

Beaverdam Creek Tributary 6 

(backwater effects from 

Green River).

From the confluence with Beaverdam Creek South to approximately 1,400 feet upstream of the confluence with 

Beaverdam Creek South.

+449 City of Brownsville, Unincorporated Areas of 

Edmonson County. 

Brier Creek (backwater effects 

from Nolin Lake).

From the confluence with Nolin Lake to approximately 0.6 

mile upstream of the confluence with Nolin Lake.

+560 Unincorporated Areas of 

Edmonson County. 

Bylew Creek (backwater effects 

from Green River).

From the confluence with the Nolin River to approximately 

1.2 miles upstream of the confluence with the Nolin 

River.

+455 Unincorporated Areas of 

Edmonson County. 

Dog Creek (backwater effects 

from Nolin Lake).

From the county boundary to approximately 0.6 mile upstream of the confluence with Dog Creek Tributary 1.+560 Unincorporated Areas of 

Edmonson County. 

Green River .............................. At the confluence with Bear Creek ..................................... +438 City of Brownsville, Unincorporated Areas of 

Edmonson County. 

Approximately 3.4 miles upstream of the confluence with 

Ugly Creek.

+480 

Green River Tributary 4 (backwater effects from Green 

River).

From the confluence with the Green River to approximately 0.6 mile upstream of the confluence with the 

Green River.

+445 Unincorporated Areas of 

Edmonson County. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64167 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

Honey Creek (backwater effects from Green River).From the confluence with the Green River to approximately 1.6 miles upstream of the confluence with the 

Green River.

+443 Unincorporated Areas of 

Edmonson County. 

Indian Creek (backwater effects 

from Green River).

From the confluence with the Green River to approximately 0.9 mile upstream of the confluence with ther 

Green River.

+452 City of Brownsville, Unincorporated Areas of 

Edmonson County. 

Laurel Branch (backwater effects from Green River).From the confluence with Beaverdam Creek South to approximately 0.5 mile upstream of the confluence with 

Beaverdam Creek South.

+449 City of Brownsville. 

Little Beaverdam Creek (backwater effects from Green 

River).

From the confluence with the Green River to approximately 1 mile upstream of the confluence with Sally 

Branch.

+442 Unincorporated Areas of 

Edmonson County. 

Nolin Lake ................................. Entire shoreline within Edmonson County .......................... +560 Unincorporated Areas of 

Edmonson County. 

Nolin River (backwater effects 

from Green River).

From the confluence with the Green River to approximately 0.8 mile upstream of the confluence with Bylew 

Creek.

+455 Unincorporated Areas of 

Edmonson County. 

Sally Branch (backwater effects 

from Green River).

From the confluence with Little Beaverdam Creek to approximately 0.6 mile upstream of the confluence with 

Little Beaverdam Creek.

+442 Unincorporated Areas of 

Edmonson County. 

Ugly Creek (backwater effects 

from Green River).

From the confluence with the Green River to approximately 1.1 miles upstream of the confluence with the 

Green River.

+477 Unincorporated Areas of 

Edmonson County. 

Wolf Creek (backwater effects 

from Nolin Lake).

From the confluence with Dog Creek to approximately 1 

mile upstream of the confluence with Dog Creek.

+560 Unincorporated Areas of 

Edmonson County. 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Brownsville 

Maps are available for inspection at 121 Washington Street, Brownsville, KY 42210. 

Unincorporated Areas of Edmonson County 

Maps are available for inspection at 108 North Main Street, Brownsville, KY 42210. 

Luna County, New Mexico, and Incorporated Areas 

Docket No.: FEMA–B–1065 

Mimbres River ........................... Approximately 2.1 miles upstream of State Road 549 

Southeast.

+4151 Unincorporated Areas of 

Luna County. 

Approximately 1,500 feet downstream of I–10 ................... +4282 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Luna County 

Maps are available for inspection at 201 East Cody Street, Deming, NM 88030. 

Washington County, Rhode Island (All Jurisdictions) 

Docket No.: FEMA–B–1075 

Mattatuxet River ........................ At the confluence with the Pettaquamscutt River ............... +10 Town of North Kingstown. 

At the downstream side of the Gilbert Stuart Dam ............. +10 

Narragansett Bay (Mill Creek) .. From a point approximately 500 feet northwest of the 

intersection of Asqah Drive and Camp Avenue, extending northeast to Quonset Road and following the 

unnamed tributary to Mill Creek, to a point approximately 600 feet east of the intersection of Camp Avenue and Gateway Road.

+12 Town of North Kingstown. 

Pawcatuck River ....................... Approximately 70 feet upstream of Ashaway Road (State 

Route 3).

+33 Town of Hopkinton, Town of 

Richmond. 

Approximately 1,518 feet upstream of Biscuit City Road ... +89 

Pettaquamscutt River ............... At the Town of North Kingstown/ ........................................

South Kingstown/Narragansett corporate limits (approximately 5,060 feet upstream of Bridgetown Road).

+10 Town of North Kingstown. 


emcdonald on DSK2BSOYB1PROD with RULES
64168 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

At the confluence with the Mattatuxet River ....................... +10 

Tomaquag Brook ...................... At the confluence with the Pawcatuck River ...................... +35 Town of Hopkinton. 

Approximately 1,210 feet downstream of Chase Hill Road +35 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Town of Hopkinton 

Maps are available for inspection at the Town Hall, 1 Town House Road, Hopkinton, RI 028330. 

Town of North Kingstown 

Maps are available for inspection at the Department of Public Works and Engineering, 2050 Davisville Road, North Kingstown, RI 02852. 

Town of Richmond 

Maps are available for inspection at the Richmond Town Hall, 5 Richmond Townhouse Road, Wyoming, RI 02898. 

Spink County, South Dakota, and Incorporated Areas 

Docket No.: FEMA–B–1069 

James River .............................. Approximately 2.8 miles upstream of 188th Street ............. +1253 Unincorporated Areas of 

Spink County. 

Approximately 7,920 feet downstream of 149th Street ...... +1275 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Spink County 

Maps are available for inspection at 210 East 7th Avenue, Redfield, SD 57469. 

Houston County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Tennessee River ....................... Houston County boundary (approximately at River Mile 

74.3).

+375 Unincorporated Areas of 

Houston County. 

Houston County boundary (approximately at River Mile 

82.5).

+375 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Houston County 

Maps are available for inspection at 31 East Main Street, 101 Courthouse, Erin, TN 37061. 

Macon County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1047 

Salt Lick Creek ......................... Approximately 1,624 feet upstream of State Route 151 .... +778 Unincorporated Areas of 

Macon County. 

Approximately 1,965 feet upstream of State Route 151 .... +778 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Macon County 

Maps are available for inspection at 201 County Courthouse, Lafayette, TN 37083. 

Stewart County, Tennessee, and Incorporated Areas 

Docket No.: FEMA–B–1065 

Tennessee River ....................... At the Houston County boundary (approximately at River 

Mile 74.2).

+375 Unincorporated Areas of 

Stewart County. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64169 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

At the State of Kentucky/State of Tennessee boundary 

(approximately at River Mile 49.2).

+375 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Stewart County 

Maps are available for inspection at 226 Lakeview Drive, Dover, TN 37058. 

Bowie County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1034 

Days Creek ............................... Approximately 4,910 feet downstream of Loop 151 ........... +255 Unincorporated Areas of

Bowie County. 

Approximately 1,480 feet upstream of Lubbock Street ...... +273 

No Name Creek ........................ Approximately 1,015 feet upstream of Lakeridge Drive ..... +281 Unincorporated Areas of 

Bowie County. 

Approximately 1,273 feet downstream of Lakeridge Drive +290 

Unnamed Tributary of Day’s 

Creek.

At the confluence with Unnamed Tributary and Days 

Creek.

+259 Unincorporated Areas of 

Bowie County. 

Approximately 2,663 feet upstream of the confluence with 

Days Creek.

+261 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Bowie County 

Maps are available for inspection at the Bowie County Courthouse, 710 James Bowie Drive, New Boston, TX 75570. 

Goliad County, Texas, and Incorporated Areas 

Docket Nos.: FEMA–B–7774 and FEMA–B–1060 

Maddox Branch ......................... Approximately 65 feet upstream of Fulcord Street ............. +142 City of Goliad. 

Approximately 1,550 feet upstream of U.S. Route 183 ...... +199 

San Antonio River ..................... Approximately 600 feet upstream of the confluence with 

Maddox Branch.

+142 City of Goliad, Unincorporated Areas of Goliad 

County. 

Approximately 1,300 feet upstream of South San Patricio 

Street.

+147 

Southwest City Drain ................ Approximately 950 feet downstream of Fannin Street ....... +147 City of Goliad. 

Approximately 150 feet upstream of West Oak Street ....... +199 

Sparrow Branch ........................ Approximately 475 feet downstream of Hord Street ........... +146 City of Goliad. 

Approximately 825 feet upstream of Sunset Avenue ......... +199 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Goliad 

Maps are available for inspection at 152 West End Street, Goliad, TX 77963. 

Unincorporated Areas of Goliad County 

Maps are available for inspection at 127 North Courthouse Square, Goliad, TX 77963. 

Karnes County, Texas, and Incorporated Areas 

Docket Nos.: FEMA–B–7774 and FEMA–B–1061 

Escondido Creek ...................... Approximately 700 feet downstream of the confluence 

with Nichols Creek.

+258 City of Kenedy, Unincorporated Areas of Karnes 

County. 

Approximately 450 feet upstream of the confluence with 

Panther Creek.

+274 


emcdonald on DSK2BSOYB1PROD with RULES
64170 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

Marcelinas Creek ...................... Approximately 730 feet upstream of the confluence with 

Tributary 1 to Marcelinas Creek Watershed.

+300 City of Falls City, Unincorporated Areas of Karnes 

County. 

Approximately 830 feet upstream of the confluence with 

Tributary 8 to Marcelinas Creek Watershed.

+307 

Nichols Creek ........................... Approximately 265 feet downstream of South 2nd Street .. +269 City of Kenedy. 

Ojo de Agua Creek ................... Approximately 1,050 feet downstream of FM 81 ................ +262 Town of Runge, Unincorporated Areas of Karnes 

County. 

Approximately 860 feet upstream of the confluence with 

Tributary 9 to Ojo de Agua Watershed.

+287 

San Antonio River ..................... Approximately 460 feet downstream of the confluence 

with Marcelinas Creek.

+300 City of Falls City, Unincorporated Areas of Karnes 

County. 

Approximately 1,440 feet downstream of the confluence 

with Tributary 199 to Lower San Antonio River Watershed.

+304 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

City of Falls City 

Maps are available for inspection at 208 North Irvin Street, Falls City, TX 78113. 

City of Kenedy 

Maps are available for inspection at 303 West Main Street, Kenedy, TX 78119. 

Town of Runge. 

Maps are available for inspection at 109 North Helena, Runge, TX 78151. 

Unincorporated Areas of Karnes County 

Maps are available for inspection at the Karnes County Courthouse, 101 North Panna Maria, Karnes City, TX 78118. 

Upshur County, Texas, and Incorporated Areas 

Docket No.: FEMA–B–1066 

Victory Branch .......................... Approximately 680 feet downstream of Salt Water Road .. +315 Unincorporated Areas of 

Upshur County. 

Approximately 650 feet downstream of Salt Water Road .. +315 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Upshur County 

Maps are available for inspection at the Upshur County Courthouse, 100 West Tyler Street, Gilmer, TX 75644. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64171 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: October 14, 2010. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–26311 Filed 10–18–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XY49 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2010 Gulf of Mexico Commercial 

Sector for Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for greater amberjack in the 

exclusive economic zone (EEZ) of the 

Gulf of Mexico (Gulf). NMFS has 

determined that the commercial greater 

amberjack quota will have been reached 

by October 28, 2010. This closure is 

necessary to prevent overfishing of Gulf 

greater amberjack. 

DATES: Closure is effective 12:01 a.m., 

local time, October 28, 2010, until 12:01 

a.m., local time, on January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–551– 

5727, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

and is implemented under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. The regulations set 

the commercial quota for greater 

amberjack in the Gulf at 503,000 lb 

(228,157 kg), round weight, however in 

2009, the commercial quota was 

exceeded by 129,928 lb (58,934 kg), and, 

therefore, a reduced quota of 373,072 lb 

(169,222 kg) was implemented for the 

2010 fishing year. 

Background 

Constraining harvest to the quota is 

crucial to meeting the legal 

requirements to prevent and end 

overfishing and rebuild greater 

amberjack in the Gulf. On August 4, 

2008, new fishing regulations were 

implemented by NMFS (73 FR 38139) to 

reduce the harvest and discard of greater 

amberjack in the Gulf reef fish fishery. 

Regulatory changes for commercial 

greater amberjack included 

implementing a quota of 503,000 lb 

(228,157 kg), round weight and 

accountability measures. 

The accountability measures state, as 

described in § 622.49(a)(1)(i), when the 

applicable commercial quota is reached, 

or projected to be reached, the Assistant 

Administrator for Fisheries, NOAA 

(AA), will close the commercial sector 

of greater amberjack for the remainder of 

the fishing year. If despite such closure, 

commercial landings exceed the quota, 

the AA will reduce the quota the year 

following an overage by the amount of 

the overage of the prior fishing year. 

NMFS published a temporary rule on 

June 22, 2010 (75 FR 35335) to 

implement the 2010 accountability 

measures for Gulf greater amberjack, 

including a reduced 2010 commercial 

quota and an estimated season length 

for the 2010 recreational sector. In 2009, 

the commercial sector of greater 

amberjack was closed on November 7, 

when the commercial quota of 503,000 

lb (228,157 kg) was determined to be 

reached. Finalized 2009 commercial 

landings data determined the 

commercial quota was exceeded by 25.8 

percent, or 129,928 lb (58,934 kg). 

Therefore, in accordance with the 

accountability measures, the reduced 

2010 commercial quota for Gulf greater 

amberjack is 373,072 lb (169,222 kg). 

Under 50 CFR 622.43(a), NMFS is 

required to close harvest for a species or 

species group when the quota for that 

species or species group is reached, or 

is projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. Based on current 

statistics, NMFS has determined that the 

available commercial quota of 373,072 

lb (169,222 kg), round weight for greater 

amberjack will be reached on or before 

October 28, 2010. Accordingly, NMFS is 

closing commercial harvest of greater 

amberjack in the Gulf EEZ from 12:01 

a.m., local time, on October 28, 2010, 

until 12:01 a.m., local time, on January 

1, 2011. The operator of a vessel with 

a valid commercial vessel permit for 

Gulf reef fish having greater amberjack 

aboard must have landed and bartered, 

traded, or sold such greater amberjack 

prior to 12:01 a.m., local time, October 

28, 2010. 

During the closure, all harvest or 

possession of greater amberjack in or 

from the Gulf of Mexico EEZ, and the 

sale or purchase of greater amberjack 

taken from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of greater 

amberjack that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, October 28, 2010, and were 

held in cold storage by a dealer or 

processor. In addition to the Gulf EEZ 

closure, a person on board a vessel for 

which a commercial vessel permit for 

Gulf reef fish has been issued must 

comply with these closure provisions 

regardless of where the Gulf greater 

amberjack are harvested, i.e., in state or 

Federal waters. This closure is intended 

to prevent overfishing of Gulf greater 

amberjack and increase the likelihood 

that the 2010 quota will not be 

exceeded. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The 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)(3)(B). Such procedures would be 

unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of 

commercial harvest when the quota is 

reached or projected to be reached 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest because any delay in the closure 

of commercial harvest could result in 

the commercial quota for greater 

amberjack being exceeded, which in 

turn, would trigger the accountability 

measure for greater amberjack. The 

accountability measure would require 

NMFS to reduce the quota for the 

following year by the amount of the 

quota overage from the prior fishing 

year. Reducing the quota the following 

year would produce additional adverse 

economic impacts for Gulf reef fish 

fishermen. There is a need to implement 

this measure in a timely fashion to 

prevent a quota overrun of the 

commercial greater amberjack sector, 

given the capacity of the fishing fleet to 

harvest the quota quickly. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 


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