Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63721 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

Section 130.462 ........ Modification of an ACP by the 

Department.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.465 ........ Other applicable requirements ... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Public Hearing Requirements 

Section 130.471 ........ Public hearings ........................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Subchapter C—Architectural and Industrial Maintenance Coatings 

*******

Section 130.602 ........ Definitions ................................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. 2010–25317 Filed 10–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100803321–0477–01] 

RIN 0648–BA08 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Framework Adjustment 21; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendments. 

SUMMARY: On June 28, 2010, NMFS 

published in the Federal Register the 

final rule to implement Framework 

Adjustment 21 (Framework 21) to the 

Atlantic Sea Scallop Fishery 

Management Plan (Scallop FMP), which 

established management measures for 

the 2010 scallop fishing year (FY). 

Following publication, NMFS identified 

errors, omissions, and possible need for 

clarification of some provisions. In 

addition to certain technical and 

wording clarifications, the Framework 

21 final rule inadvertently did not 

incorporate a proposed regulatory 

provision pertaining to how scallop 

access area trip overages incurred 

during the interim period between the 

March 1, 2010, start of the fishing year 

(FY) and the implementation of 

Framework 21 FY 2010 management 

measures would be applied to FY 2011. 

This provision was described in the 

proposed rule and NMFS subsequently 

responded to specific comments on this 

provision and provided greater detail of 

this measure in the preamble of the final 

rule. However, the regulatory text was 

inadvertently excluded. In addition, the 

Framework 21 final rule inadvertently 

deleted regulations pertaining to limited 

access general category (LAGC) 

possession and landing limits 

promulgated in the final rule 

implementing Amendment 11 to the 

Scallop FMP that published in the 

Federal Register on April 24, 2008. This 

correcting amendment corrects these 

errors. 

DATES: Effective October 18, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Policy Analyst, 

(978) 281–9244. 

SUPPLEMENTARY INFORMATION: On June 

28, 2010, the final rule for Framework 

21 published in the Federal Register (75 

FR 36559). The purpose of Framework 

21, developed by the New England 

Fishery Management Council, was to set 

scallop management measures for FY 

2010. The final rule to Framework 21 

also included revisions to regulatory 

text at 50 CFR part 648 in order to 

remove or clarify text that was 

duplicative and unnecessary, outdated, 

or unclear. 

This action corrects errors and 

omissions, and provides clarification in 

the final rule for Framework 21. Because 

Framework 21 was not implemented by 

the start of the FY on March 1, 2010, 

and the regulations in effect at the start 

of FY 2010 were inconsistent with 

Framework 21 specifications, the 

preamble to the proposed and final rules 

discussed how FY 2010 overages in 

scallop days-at-sea (DAS), access area 

trips, and possession limits incurred 

prior to Framework 21’s effectiveness 

would be applied to FY 2011 

allocations. NMFS received one 

comment specifically addressing the 

provision for Elephant Trunk Access 

Area (ETAA) trip overages for limited 

access full-time scallop vessels during 

the comment period on the proposed 

rule and, based on this comment, NMFS 

intended to clarify this provision in the 

final rule. However, the specific 

reference to the ETAA trip overage 

provision was inadvertently omitted 

from the regulatory text. This action 

corrects this error by including the 

regulatory text to this specific provision 

in § 648.60. 

This action also makes minor editorial 

revisions to the regulatory text at 

§§ 648.14(i)(2)(i)(G) and 

648.53(h)(5)(iv)(A) to ensure that the 

regulatory language incorporated 

through the Framework 21 final rule is 

consistent with the language in other 

sections of the regulations. This action 

also corrects the title of a required 

vessel monitoring system (VMS) form 

for LAGC Northern Gulf of Maine 

(NGOM) and Individual Fishing Quota 


jlentini on DSKJ8SOYB1PROD with RULES
63722 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 

(IFQ) vessels at § 648.10(f)(4)(ii), to be 

consistent with other references to this 

form in the regulations, as well as with 

the current designation used in onboard VMS units. 

Finally, this action reinstates 

regulatory language pertaining to LAGC 

possession and landing limits at 

§ 648.14(i)(4)(i)(B)–(H), originally 

incorporated into the regulations 

through the final rule to Amendment 11 

to the Scallop FMP (April 14, 2008; 73 

FR 20090). These prohibitions were 

inadvertently deleted due to inaccurate 

regulatory instructions provided in both 

the proposed (April 27, 2010; 75 FR 

22073) and final rules to implement 

Framework 21. 

Classification 

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

Assistant Administrator for Fisheries, 

NOAA, finds good cause to waive prior 

notice and opportunity for additional 

public comment for this action because 

any delay of this action would be 

unnecessary, impracticable, or contrary 

to the public interest. This correcting 

amendment includes editorial revisions 

that make only minor, non-substantive 

changes in order to clarify the 

regulations and alleviate unnecessary 

confusion. The remaining revisions 

reflect the measures detailed in the 

preamble of the proposed rule for 

Framework 21, for which the 

opportunity for public comment was 

already given. The provision regarding 

FY 2010 ETAA access area trip overages 

was specifically addressed in the 

response to comments in the Framework 

21 final rule and further described in 

detail in that rule’s preamble. This 

provision was intended to be included 

in the final rule and was only 

unintentionally excluded. In addition, 

the inaccurate regulatory instructions 

which inadvertently deleted the 

prohibitions at § 648.14(i)(4)(i)(B)–(H) 

were available in the proposed rule and 

the public had the opportunity to 

provide comments on this error at that 

time. This deletion was also 

unintentional. One comment was 

received during the comment period for 

Framework 21 in general support of 

NMFS initiating general revisions to 

clarify unclear text, implying support 

for reinstating inadvertently-deleted text 

that may result in further unintended 

confusion. For these reasons, there is 

good cause to waive prior notice and 

opportunity for additional public 

comment so that these errors may be 

corrected, and public confusion 

avoided, without delay. 

Moreover, pursuant to 5 U.S.C. 

553(d), the Assistant Administrator 

finds good cause to waive the 30-day 

delay in effective date for the reasons 

given above. Most of these revisions 

make only minor, non-substantive 

changes and do not change operating 

practices in the fishery. The immediate 

publication of the correct information 

regarding the ETAA overage provision 

for full-time scallop vessels and the 

prohibitions for possession and landing 

limits for LAGC NGOM and IFQ vessels 

would alleviate confusion among 

industry members regarding the final FY 

2010 management measures to the 

Scallop FMP. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

This final rule is exempt from review 

under Executive Order 12866. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: October 13, 2010. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons explained in the 

preamble, 50 CFR part 648 is corrected 

by making the following correcting 

amendments: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.10, paragraph (f)(4)(ii) is 

revised to read as follows: 

§ 648.10 VMS and DAS requirements for 

vessel owners/operators. 

* * * * * 

(f) * * * 

(4) * * * 

(ii) Scallop Pre-Landing Notification 

Form for IFQ and NGOM vessels. Using 

the Scallop Pre-Landing Notification 

Form, a vessel issued an IFQ or NGOM 

scallop permit must report through VMS 

the amount of any scallops kept on each 

trip declared as a scallop trip, including 

declared scallop trips where no scallops 

were landed. In addition, vessels with 

an IFQ or NGOM permit must submit a 

Scallop Pre-Landing Notification Form 

on trips that are not declared as scallop 

trips, but on which scallops are kept 

incidentally. A limited access vessel 

that also holds an IFQ or NGOM permit 

must submit the Scallop Pre-Landing 

Notification Form only when fishing 

under the provisions of the vessel’s IFQ 

or NGOM permit. VMS Scallop PreLanding Notification forms must be 

submitted no less than 6 hr prior to 

crossing the VMS Demarcation Line on 

the way back to port, and must include 

the amount of scallop meats or bushels 

to be landed, the estimated time of 

arrival in port, the port at which the 

scallops will be landed, and the VTR 

serial number recorded from that trip’s 

VTR. If the scallop harvest ends less 

than 6 hr prior to landing, then the 

Scallop Pre-Landing Notification form 

must be submitted immediately upon 

leaving the fishing grounds. 

* * * * * 

■ 3. In § 648.14, paragraphs (i)(2)(vi)(G) 

and (i)(4)(i) are revised to read as 

follows: 

§ 648.14 Prohibitions. 

* * * * * 

(i) * * * 

(2) * * * 

(vi) * * * 

(G) Fish for, possess, or retain more 

than a combined total of 36,000 lb 

(16,329 kg) of scallops from the 

Delmarva and Elephant Trunk Access 

Areas specified in § 648.59(a) and (e) 

during the period June 15 through 

August 31. This restriction does not 

include the additional possession 

allowance to defray the cost of carrying 

an observer, as specified in § 648.60(d), 

that occurs during observed trips 

between June 15 through August 31. 

* * * * * 

(4) * * * 

(i) Possession and landing. (A) Fish 

for or land per trip, or possess at any 

time, in excess of 400 lb (181.4 kg) of 

shucked, or 50 bu (17.6 hL) of in-shell 

scallops shoreward of the VMS 

Demarcation Line, unless the vessel is 

carrying an observer as specified in 

§ 648.11 while participating in the Area 

Access Program specified in § 648.60 

and an increase in the possession limit 

is authorized by the Regional 

Administrator and not exceeded by the 

vessel, as specified in §§ 648.52(g) and 

648.60(d)(2). 

(B) Fish for or land per trip, or possess 

at any time, in excess of 200 lb (90.7 kg) 

of shucked or 25 bu (8.8 hL) of in-shell 

scallops in the NGOM scallop 

management area, unless the vessel is 

seaward of the VMS Demarcation Line 

and in possession of no more than 50 bu 

(17.6 hL) of in-shell scallops, or when 

the vessel is not declared into the 

NGOM scallop management area and is 

transiting the NGOM scallop 

management area with gear properly 

stowed and unavailable for immediate 

use in accordance with § 648.23. 

(C) Possess more than 100 bu (35.2 

hL) of in-shell scallops seaward of the 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63723 

VMS Demarcation Line and not 

participating in the Access Area 

Program, or possess or land per trip 

more than 50 bu (17.6 hL) of in-shell 

scallops shoreward of the VMS 

Demarcation Line, unless exempted 

from DAS allocations as provided in 

§ 648.54. 

(D) Possess more than 50 bu (17.6 hL) 

of in-shell scallops, as specified in 

§ 648.52(d), outside the boundaries of a 

Sea Scallop Access Area by a vessel that 

is declared into the Access Area 

Program as specified in § 648.60. 

(E) Fish for, possess, or land scallops 

after the effective date of a notification 

in the Federal Register that the 

quarterly TAC specified in § 648.53(a)(8) 

has been harvested. 

(F) Fish for, possess, or land scallops 

in excess of a vessel’s IFQ. 

(G) Fish for, possess, or land more 

than 40 lb (18.1 kg) of shucked scallops, 

or 5 bu (1.76 hL) of in-shell scallops 

shoreweard of the VMS Demarcation 

Line, or 10 bu (3.52 hL) of in-shell 

scallops seaward of the VMS 

Demarcation Line, when the vessel is 

not declared into the IFQ scallop 

fishery, unless the vessel is fishing in 

compliance with all of the requirements 

of the State waters exemption program, 

specified at § 648.54. 

(H) Land scallops more than once per 

calendar day. 

* * * * * 

■ 4. In § 648.53, paragraph (h)(5)(iv)(A) 

is revised to read as follows: 

§ 648.53 Target total allowable catch, DAS 

allocations, and individual fishing quotas. 

* * * * * 

(h) * * * 

(5) * * * 

(iv) * * * 

(A) Application information 

requirements. An application to transfer 

IFQ must contain at least the following 

information: Transferor’s name, vessel 

name, permit number, and official 

number or State registration number; 

transferee’s name, vessel name, permit 

number, and official number or State 

registration number; total price paid for 

purchased IFQ; signatures of transferor 

and transferee; and date the form was 

completed. In addition, applications to 

temporarily transfer IFQ must indicate 

the amount, in pounds, of the IFQ 

allocation transfer, which may not be 

less than 100 lb (45 kg) unless that value 

reflects the total IFQ amount remaining 

on the transferor’s vessel, or the entire 

IFQ allocation. Information obtained 

from the transfer application will be 

held confidential, and will be used only 

in summarized form for management of 

the fishery. If applicable, an application 

for a permanent IFQ transfer must be 

accompanied by verification, in writing, 

that the transferor either has requested 

cancellation of all other limited access 

Federal fishing permits, or has applied 

for a transfer of all of its limited access 

permits in accordance with the vessel 

replacement restrictions under § 648.4. 

* * * * * 

■ 5. In § 648.60, paragraph (a)(3)(i)(A) is 

revised to read as follows: 

§ 648.60 Sea scallop area access program 

requirements. 

(a) * * * 

(3) * * * 

(i) * * * 

(A) Except as provided in paragraph 

(c) of this section, paragraphs (a)(3)(i)(B) 

through (E) of this section specify the 

total number of trips that a limited 

access scallop vessel may take into Sea 

Scallop Access Areas during applicable 

seasons specified in § 648.59. The 

number of trips per vessel in any one 

Sea Scallop Access Area may not exceed 

the maximum number of trips allocated 

for such Sea Scallop Access Area as 

specified in § 648.59, unless the vessel 

owner has exchanged a trip with 

another vessel owner for an additional 

Sea Scallop Access Area trip, as 

specified in paragraph (a)(3)(ii) of this 

section, or has been allocated a 

compensation trip pursuant to 

paragraph (c) of this section. If, during 

the interim period between March 1, 

2010, and the implementation of trip 

allocations specified in this section, a 

full-time limited access vessel takes 

more than the number of Elephant 

Trunk Access Area trips specified in 

this section, the trip overage will be 

deducted from the vessel’s 2011 access 

area trip allocation. The deduction 

would be taken from the vessel’s 

Elephant Trunk Access Area trip 

allocation if that area is open in 2011. 

If the Elephant Trunk Access Area is not 

open in 2011, vessel owners will be 

given the opportunity to select the 

access area from which the trip overage 

would be deducted, with NMFS 

determining the access area if the vessel 

owner fails to respond. 

* * * * * 

[FR Doc. 2010–26196 Filed 10–15–10; 8:45 am] 

BILLING CODE 3510–22–P 


jlentini on DSKJ8SOYB1PROD with RULES