        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 635
        RIN 0648-BC09
        Atlantic Highly Migratory Species; Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of intent (NOI) to hold public scoping meetings and to prepare a draft environmental impact statement (EIS); request for comments.

          SUMMARY:

          NMFS announces its intent to hold public scoping meetings to determine the scope and significance of issues to be analyzed in a draft environmental impact statement (EIS) on management measures for Atlantic bluefin tuna (BFT) and a potential proposed amendment to the 2006 Consolidated HMS FMP based on that process. The public process will help NMFS determine if existing measures are the best means of achieving certain management objectives for Atlantic BFT and providing flexibility for future management, consistent with the Consolidated HMS FMP, the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Atlantic Tunas Convention Act (ATCA), and other relevant Federal laws. NMFS is also announcing the availability of a scoping document describing measures for potential inclusion in a proposed Amendment. Table 1, below, under SUPPLEMENTARY INFORMATION, provides details for seven scoping meetings to discuss and collect comments on the scoping document and certain management objectives for BFT. NMFS is requesting comments on this NOI, and the management of BFT, including, but not limited to, those described in the scoping document.

          DATES:
          Written comments on this NOI and the scoping document must be received on or before July 15, 2012.

          ADDRESSES:

          Scoping meetings will be held at the locations listed below in Table 1 in SUPPLEMENTARY INFORMATION. You may submit comments, identified by “NOAA-NMFS-2012-0082”, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the “submit a comment” icon, then enter “NOAA-NMFS-2012-0082” in the keyword search. Locate the document you wish to comment on from the resulting list and click on the “Submit a Comment” icon on the right of that line.
          • Fax: 978-281-9340, Attn: Tom Warren.
          • Mail: Tom Warren, Highly Migratory Species Management Division, Office of Sustainable Fisheries (F/SF1), NMFS, 55 Great Republic Drive, Gloucester, MA 01930.
          • Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, or to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. To be considered, electronic comments must be submitted via the Federal eRulemaking Portal http://www.regulations.gov. Do not submit electronic comments to individual NMFS staff.

          The scoping document is available by sending your request to Tom Warren at the mailing address specified above, or by calling the phone number indicated below. The scoping document or the Consolidated HMS FMP also may be downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/.

          FOR FURTHER INFORMATION CONTACT:
          Tom Warren or Brad McHale, 978-281-9260, or online at http://www.nmfs.noaa.gov/sfa/hms/.

        SUPPLEMENTARY INFORMATION:

        Background
        Atlantic HMS, including BFT, are managed under the dual authority of the Magnuson-Stevens Act and ATCA. The Consolidated HMS FMP is implemented by regulations at 50 CFR part 635. Copies of the Consolidated HMS FMP are available upon request. The 1999 FMP allocated the annual U.S. BFT quota recommended by ICCAT to BFT fishing categories based on landings from 1983-1991. Landings were the only portion of catch (i.e., “catch” includes both landings and dead discards) that were factored into the 1999 FMP percentage allocation analysis for the various BFT fisheries at that time, as dead discards were accounted for under a separate ICCAT allocation. The fishing category percentage allocations continued unchanged in the 2006 Consolidated HMS FMP. The ICCAT provision for a separate dead discard allowance has since been eliminated, and dead discards must now be accounted for within annual quota allocations, along with landings. Furthermore, pursuant to ICCAT Recommendation 10-03, the amount of underharvest that is allowed to be carried forward from one year to the next recently has decreased. During the 2011 BFT quota and Atlantic tuna management measures rulemaking (2011 Quota Rule)(March 14, 2011; 76 FR 13583) process, the adjusted quota for 2011 was insufficient to account for anticipated 2011 dead discards up front, while also providing base allocations for the categories per the percentages outlined in the Consolidated HMS FMP. The proposed 2012 specifications rule (77 FR 15712; March 16, 2012) anticipates a similar situation for the 2012 fishing year.
        The range of comments received on the 2011 Quota Rule and during recent HMS Advisory Panel (AP) meetings has demonstrated the need for a comprehensive review of BFT management measures. Many comments raised issues that were outside of the scope of that rulemaking and would require more significant analyses because of the potential impacts on the environment, fisheries, and fishery participants. Some of the issues raised include, but are not limited to: Holding each quota category accountable for dead discards; changing domestic allocations among fishing categories; reducing BFT bycatch; modifying the permit structure for the fisheries; improved monitoring of catch in all BFT fisheries; providing incentives to the Longline category to reduce interactions with BFT; and reducing dead discards in the pelagic longline (PLL) fishery.
        Management Options and Request for Comments
        NMFS requests comments on management options, including, but not limited to, the following: Deduction of estimated dead discards from quotas at the beginning of the fishing year for all permit categories; revision of baseline quota allocations; methods to improve reporting and monitoring of dead discards and landings in all categories; elimination of target catch requirements for Longline category (pelagic); reduction of minimum BFT size restrictions; modification of BFT retention tolerances for Purse seine and Harpoon categories; specification of maximum catch limit for Angling category; mandatory retention of BFT in the Longline category; regional or individual BFT catch caps for the Longline category; modification to existing pelagic longline gear closed areas; creation of new pelagic longline gear closed area(s); modifications to sub-quota rules (e.g., how the General or Angling category subquota is divided up among seasons or areas); establishment of an annual quota and rollover provisions for Northern albacore tuna; and other administrative measures (such as regulations about permit issuance). NMFS also requests comment on any other fishery management issue pertaining to BFT fisheries, which the public believes should be further examined by NMFS. These comments will be used to assist in the development of a proposed Amendment 7. The types of management measures under consideration for Amendment 7 will include those described in the scoping document, as well as alternative measures that may be suggested during the scoping process.
        Scoping Process

        It is NMFS's intent to encourage all persons affected by or otherwise interested in the management of BFT or other HMS species to participate in the process to determine the scope and significance of issues to be analyzed in the draft EIS and Amendment 7. All such persons are encouraged to submit written comments (see ADDRESSES) or comment at one of the scoping meetings. Persons submitting comments may wish to address the specific measures in the scoping document.
        NMFS intends to hold scoping meetings in the geographic areas that may be affected by these measures, including locations on the Atlantic and Gulf of Mexico coasts, and will consult with the Atlantic regional fishery management councils (Table 1). After scoping has been completed and public comment gathered and analyzed, NMFS will proceed with preparation of a draft EIS and proposed rule, which will include additional opportunities for public comment. The scope of the draft EIS will consist of the range of actions, alternatives, and impacts to be considered. Alternatives may include, but are not limited to, the following: not amending the Consolidated HMS FMP (taking no action); developing an amendment that contains management measure such as those described in this notice and in the scoping document; or other reasonable courses of action. Impacts may be direct, indirect, or cumulative. NMFS expects to present relevant draft documents at the fall 2012 HMS AP meeting.

          Table 1—Dates, Times and Locations of the Scoping Meetings

            Date
            Time
            Meeting locations
            Address

            May 8, 2012
            6:15-8:45 p.m.
            Toms River Library (Mancini Hall), Toms River, NJ
            101 Washington Street, Toms River, NJ 08753.

            May 16, 2012
            6:00-9:00 p.m.
            National Marine Fisheries Service, Northeast Regional Office, Gloucester, MA
            55 Great Republic Drive, Gloucester, MA 01930.

            May 21, 2012
            6:00-9:00 p.m.
            Plaquemines Parish Government Community Center, (Belle Chasse Auditorium), Belle Chasse, LA
            8398 Hwy 23, Belle Chasse, LA 70037.

            May 23, 2012
            6:00-9:00 p.m.
            Dare County Administration Bldg., Manteo, NC
            954 Marshall C. Collins Dr., Manteo, NC 27954.

            * Week of June 10, (specific date to be determined)
            * To be announced (MAFMC.org)
            Mid-Atlantic Fishery Management Council Meeting, New York, NY
            Hilton New York, 1335 Avenue of the Americas, New York, NY 10019.

            * Week of June 10, (specific date to be determined)
            * To be announced (SAFMC.net)
            South Atlantic Fishery Management Council Meeting, Orlando, FL
            Renaissance Orlando Airport Hotel, 5445 Forbes Place, Orlando, FL 32812.

            * Week of June 17, (specific date to be determined)
            * To be announced (NEFMC.org)
            New England Fishery Management Council Meeting, Portland, ME
            Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101.

          * The public will be notified when the Council agendas are finalized, and the precise date and time of scoping have been scheduled. For updated information please go to www.nmfs.noaa.gov/sfa/hms/breakingnews.htm or visit the Council Web sites indicated above.

        The process of developing an FMP Amendment is expected to take approximately 2 years. In addition to future HMS AP input, public comment and future analyses, there are other relevant events anticipated that may impact the development of Amendment 7, including a BFT stock assessment during the fall of 2012, a meeting of the Convention on the International Trade of Endangered Species (CITES) in the spring of 2013, revisiting the “species of concern” designation under the Endangered Species Act in 2013, and the annual meetings of ICCAT in November 2012 and 2013.

          Authority:
           16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

          Dated: April 18, 2012.
          Emily H. Menashes,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2012-9756 Filed 4-20-12; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF TRANSPORTATION
        Research and Special Programs Administration
        49 CFR Parts 172, 174, 175, 176, and 177
        [Docket No. RSPA-01-10568 (HM-207B)]
        RIN 2137-AC64
        Hazardous Materials: Retention of Shipping Papers

          AGENCY:
          Research and Special Programs Administration (RSPA), DOT.

          ACTION:
          Notice of proposed rulemaking (NPRM).

          SUMMARY:
          RSPA is proposing to amend the Hazardous Materials Regulations to require shippers and carriers to retain a copy of each hazardous material shipping paper, or an electronic image thereof, for a period of 375 days after the date the hazardous material is accepted by a carrier.

          DATES:
          Comments must be received by November 13, 2001.

          ADDRESSES:

          You must address comments to the Dockets Management System, U.S. Department of Transportation, Room PL 401, 400 Seventh Street SW., Washington, DC 20590-0001. You should identify the docket number (RSPA-01-10568 (HM-207B)) and submit your comments in two copies. If you want to confirm that we received your comments, you should include a self-addressed, stamped postcard. You may submit comments by e-mail by accessing the Dockets Management System website at: http://dms.dot.gov. Click on “Electronic Submission” to obtain instructions for filing a document electronically. The Dockets Management System is located on the Plaza Level of the Department of Transportation headquarters building (Nassif building) at the above address. You may review public dockets there between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. You may also review comments on-line at the DOT Dockets Management System web site at:  http://dms.dot.gov.

          FOR FURTHER INFORMATION CONTACT:
          Deborah Boothe of the Office of Hazardous Materials Standards, (202) 366-8553, Research and Special Programs Administration, U.S. Department of Transportation.

        SUPPLEMENTARY INFORMATION:
        I. Background
        Any person who offers a hazardous material for transportation in commerce must describe the hazardous material on a shipping paper in the manner required in 49 CFR part 172, subpart C. A shipping paper includes “a shipping order, bill of lading, manifest or other shipping document serving a similar purpose and containing the information required by §§ 172.202, 172.203 and 172.204.” 49 CFR 171.8 (definition of “shipping paper”). A hazardous waste manifest “may be used as the shipping paper” if it contains all the information required by 49 CFR part 172, subpart C. 49 CFR 172.205(h).

        Since 1980, generators and transporters of hazardous waste have been required to retain a copy of the hazardous waste manifest “for three years from the date the waste was accepted by the initial carrier.” 49 CFR 172.205(e)(5), adopted in RSPA's May 22, 1980 final rule, 45 FR 34560, 34698. See also regulations of the U.S. Environmental Protection Agency at 40 CFR 262.40(a), 263.22(a). In 1994, Congress amended Federal hazardous material transportation law to require that, after a hazardous material “is no longer in transportation,” each offeror and carrier of a hazardous material must retain the shipping paper “or electronic image thereof for a period of 1 year to be accessible through their respective principal places of business.” 49 U.S.C. 5110(e), added by Pub. L. 103-311, Title I, § 115, 108 Stat. 1678 (Aug. 26, 1994). That section also provides that the offeror and carrier “shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.”
        RSPA proposes to amend the HMR to conform with § 5110(e). A paper copy of the shipping paper must accompany a hazardous material during transportation. We propose to add a new § 172.201(e) and amend §§ 174.24, 175.30, 176.24, and 177.817 to require each shipper and carrier to retain a copy of the shipping paper, or an electronic image thereof, for a period of 375 days after the date a hazardous material is offered for transportation by the shipper and accepted by the carrier. For purposes of the 375-day retention requirement, an electronic image includes an image transmitted by a facsimile (FAX) machine, an image on the screen of a computer, or an image generated by an optical imaging machine.

        The statute requires that each shipper and carrier of a hazardous material retain the shipping paper or electronic image thereof for a period of one year after the hazardous material is no longer in transportation. However, the shipper may not know the exact date when transportation ends, nor will an originating or intermediate carrier know when transportation ends if it does not deliver the hazardous material to the consignee. Therefore, we are proposing that the 375-day retention period begin from the date the shipment is offered and accepted by the initial carrier for transportation. This is the same date that the three-year retention period for hazardous waste manifests starts. (49 CFR 172.205(e)(5)). Well over 95 percent of hazardous materials shipments are delivered within 10 days after they are offered to a carrier. Thus, for these shipments, our proposal to begin the 375-day retention period on the date a shipment is offered and accepted by the initial carrier is consistent with the statutory requirement for retention of shipping documents for one year after transportation ends. For the small percentage of shipments that take longer than 10 days to deliver, especially those shipments involving interlining and international transportation, the shipper and initial and intermediate carriers will likely not know the delivery date for the shipment and will therefore be uncertain about the retention period if the retention period begins with the delivery date. To require shippers and carriers to determine an exact delivery date would impose an unreasonable recordkeeping and reporting burden that was not intended by the statute.
        In order to facilitate compliance with and enforcement of the requirement, we propose that the copy be dated. For shippers, the shipping paper copy must include the date that the shipment is accepted for transportation by the initial carrier. For carriers, the shipping paper copy must include the date that the carrier accepts the shipment for transportation. The shipping paper may be electronically filed; however, it must be made available on paper if requested by an authorized federal, state, or local government official.
        The shipping paper copy or its electronic image must be accessible at or through the principal place of business of each person required to prepare or maintain it during transportation. (For a motor carrier, “principal place of business” has the same meaning as in § 390.5 of the Federal Motor Carrier Safety Regulations.) In this context, “accessible” means readily and easily obtained, i.e., with the same speed of availability as that required to retrieve a paper record from a filing cabinet holding records of the business.
        Except for hazardous waste manifests, see 49 CFR 172.205(a), the HMR do not require a shipping paper to be in any specific form or format. We understand that different types of documents are used by offerors of hazardous material to meet the requirement to describe the hazardous material on a “shipping paper.” Some private motor carriers use the same shipping paper for multiple shipments of a hazardous material. Typically, these permanent shipping papers are used by private motor carriers who transport a single hazardous material on a regular basis over an extended period, such as one cargo tank of gasoline. We are proposing to permit operators to retain a single copy of such permanent shipping papers for the period in which the shipping paper is used and 375 days thereafter to meet the shipping paper retention requirements in this NPRM provided that the operator also retains a record of each shipment made under the shipping paper. The record must include shipping name, identification number, quantity transported, and date of shipment.
        III. Regulatory Analyses and Notices
        A. Executive Order 12866 and DOT Regulatory Policies and Procedures
        This proposed rule is not considered a significant regulatory action under Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. This proposed rule is not considered significant under the regulatory policies and procedures of the Department of Transportation (44 FR 11034).
        This proposed rule implements a statutory requirement that has been in effect since 1994. We do not anticipate any additional costs on offerors and carriers of hazardous materials, and, therefore, preparation of a regulatory evaluation is not warranted. This determination may be revised based on comments received.
        B. Executive Order 13132
        This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). Federal hazardous material transportation law would preempt any State, local, or Indian tribe requirement on the preparation, execution, and use of shipping documents related to hazardous materials that is not substantively the same as this proposed rule, 49 U.S.C. 5125(b)(1)(B), but this proposed rule would not have substantial direct effects on the states, the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply.

        Federal hazardous materials transportation law provides that, if DOT issues a regulation on the preparation, execution, and use of shipping documents related to hazardous material, DOT must determine and publish in the Federal Register the effective date of federal preemption. 49 U.S.C. 5125(b)(2). The effective date may not be earlier than the 90th day following the date of issuance of the final rule and not later than two years after the date of issuance. We propose that the effective date of federal preemption be 90 days from publication of a final rule in the Federal Register.
        C. Executive Order 13175
        This proposed rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this proposed rule does not have tribal implications, does not impose substantial direct compliance costs, and is required by statute, the funding and consultation requirements of Executive Order 13175 do not apply.
        D. Regulatory Flexibility Act
        The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to assess the impact of its regulations on small entities unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. This proposed rule implements a statutory requirement that has been in effect since 1994. Therefore, this proposed rule will not impose additional costs on offerors and carriers of hazardous material. I hereby certify that, while the proposed rule would apply to a substantial number of small entities, there would not be a significant economic impact on those small businesses.
        E. Unfunded Mandates Reform Act of 1995
        This NPRM imposes no mandates and thus does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995.
        F. Paperwork Reduction Act
        Under the Paperwork Reduction Act of 1995, no person is required to respond to an information collection unless it displays a valid OMB control number. No new burdens are proposed under this rule. RSPA has a current information collection approval under OMB No. 2137-0034, “Shipping Papers and Emergency Response Information” which includes the shipping paper retention requirement in the burden estimates.
        G. Regulation Identifier Number (RIN)
        A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda.
        H. Environmental Assessment
        This proposed rule does not affect packaging or hazard communication requirements for shipments of hazardous materials transported in commerce. We find that there are no significant environmental impacts associated with this proposed rule.

          List of Subjects
          49 CFR Part 172

          Hazardous materials transportation, Hazardous waste, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements.

          49 CFR Part 174
          Hazardous materials transportation, Radioactive materials, Railroad safety.
          49 CFR Part 175
          Air Carriers, Hazardous materials transportation, Radioactive materials, Reporting and recordkeeping requirements.
          49 CFR Part 176
          Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements.
          49 CFR Part 177
          Hazardous materials transportation, Motor carriers, Radioactive materials, Reporting and recordkeeping requirements.

        In consideration of the foregoing, we propose to amend 49 CFR parts 172, 174, 175, 176, and 177 as follows:

          PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS
          1. The authority citation for part 172 would continue to read as follows:

            Authority:
            49 U.S.C. 5101-5127; 49 CFR 1.53.
            2. In § 172.201, the section heading would be revised and a new paragraph (e) would be added to read as follows:

            § 172.201
            Preparation and retention of shipping papers.

            (e) Each person required to describe a hazardous material on a shipping paper must retain a copy of the shipping paper, or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper immediately available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, the shipping paper copy must be retained for 375 days after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier. A private motor carrier (as defined in § 390.5 of subchapter B of this title) that uses a shipping paper without change for multiple shipments of a single hazardous material (i.e., one having the same shipping name and identification number) may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.

          PART 174—CARRIAGE BY RAIL
          3. The authority citation for part 174 would continue to read as follows:

            Authority:
            49 U.S.C. 5101-5127; 49 CFR 1.53.
            4. Section 174.24 would be revised to read as follows:

            § 174.24
            Shipping papers.
            (a) A person may not accept a hazardous material for transportation or transport a hazardous material by rail unless that person receives a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements as provided in § 172.200(b) of this subchapter. Only an initial carrier within the United States must receive and retain a copy of the shipper's certification as required by § 172.204 of this subchapter.
            (b) Each person receiving a shipping paper required by this section must retain a copy of the shipping paper, or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper immediately available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for 375 days after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier.

          PART 175—CARRIAGE BY AIRCRAFT
          5. The authority citation for part 175 would continue to read as follows:

            Authority:
            49 U.S.C. 5101-5127; 49 CFR 1.53.
            6. In § 175.30, paragraph (a)(2) would be revised to read as follows:

            § 175.30
            Accepting and inspecting shipments.
            (a) * * *
            (1) * * *
            (2) Described and certified on a shipping paper prepared in duplicate in accordance with part 172 of this subchapter or as authorized by § 171.11 of this subchapter. Each person receiving a shipping paper required by this section must retain a copy of the shipping paper, or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper immediately available, upon request, to an authorized official of a federal, state, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for 375 days after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier.

          PART 176—CARRIAGE BY VESSEL
          7. The authority citation for part 176 would continue to read as follows:

            Authority:
            49 U.S.C. 5101-5127; 49 CFR 1.53.
            8. Section 176.24 would be revised to read as follows:

            § 176.24
            Shipping papers.
            (a) A person may not accept a hazardous material for transportation or transport a hazardous material by vessel unless that person has received a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements as provided in § 172.200(b) of this subchapter.
            (b) Each person receiving a shipping paper required by this section must retain a copy of the shipping paper, or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper immediately available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for 375 days after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier.

          PART 177—CARRIAGE BY PUBLIC HIGHWAY
          9. The authority citation for part 177 would continue to read as follows:

            Authority:
            49 U.S.C. 5101-5127; 49 CFR 1.53.

            10. In § 177.817, paragraph (a) would be revised and new paragraph (f) would be added, to read as follows:

            § 177.817
            Shipping papers.
            (a) General requirements. A person may not accept a hazardous material for transportation or transport a hazardous material by highway unless that person has received a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements as provided in § 172.200(b) of this subchapter.

            (f) Retention of shipping papers. Each person receiving a shipping paper required by this section must retain a copy of the shipping paper, or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper immediately available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, the shipping paper copy must be retained for 375 days after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier. A private motor carrier (as defined in § 390.5 of subchapter B of this title) that uses a shipping paper without change for multiple shipments of a single hazardous material (i.e., one having the same shipping name and identification number) may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.

            Issued in Washington, DC on September 6, 2001, under authority delegated in 49 CFR part 106.
            Robert A. McGuire,
            Associate Administrator for Hazardous Materials Safety.

      [FR Doc. 01-22851 Filed 9-11-01; 8:45 am]
      BILLING CODE 4910-60-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [Docket No. 0911051395-0145-01]
        RIN 0648-AY32
        Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment for the South Atlantic Region

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS issues this proposed rule to implement the Comprehensive Ecosystem-Based Amendment 1 (CE-BA1) to the following South Atlantic fishery management plans (FMPs): The FMP for Coral, Coral reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This proposed rule would establish Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs) off the coast of the southern Atlantic States in which the use of specified fishing gear and methods and the possession of coral would be prohibited. Within the Deepwater Coral HAPCs, fishing zones would be created that would allow continued fishing on the historical grounds for golden crab and deepwater shrimp. In addition, CE-BA1 would update existing Essential Fish Habitat (EFH) information in the area off the southern Atlantic States, thus, addressing the need for spatial representation of designated EFH and EFH-HAPCs. The intended effects of this rule are to protect what is thought to be the largest distribution of pristine deepwater coral ecosystems in the world while minimizing the effects on traditional fishing in the Deepwater Coral HAPCs.

          DATES:
          Written comments on this proposed rule must be received no later than 5 p.m., eastern time, on May 10, 2010.

          ADDRESSES:
          You may submit comments, identified by RIN 0648-AY32, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov

          • Fax: 727-824-5308, Attn: Karla Gore
          • Mail: Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701

            Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

          To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter “NOAA-NMFS-2009-0158” in the keyword search, then select “Send a Comment or Submission.” NMFS will accept anonymous comments. Enter N/A in the required field if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          Copies of CE-BA1 may be obtained from the South Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North Charleston, SC 29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free); fax: 843-769-4520; e-mail: safmc@safmc.net. CE-BA1 includes a Final Environmental Impact Statement (FEIS), an Initial Regulatory Flexibility Analysis (IRFA), a Regulatory Impact Review, and a Social Impact Assessment/Fishery Impact Statement.

          FOR FURTHER INFORMATION CONTACT:
          Karla Gore, telephone: 727-824-5305.

        SUPPLEMENTARY INFORMATION:
        The fisheries for coastal migratory pelagics; coral, coral reefs, and live/hard bottom habitats; dolphin and wahoo; golden crab; shrimp; spiny lobster; and snapper-grouper off the southern Atlantic States are managed under their respective FMPs. The FMPs were prepared by the Council(s) and are implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
        Deepwater Coral HAPCs
        Deepwater corals are slow growing and easily damaged by bottom-tending gear. Areas of deepwater coral provide hard substrates and habitat for a biologically rich and diverse community of associated fish and invertebrates. More than 99 species of fish and invertebrates are associated with deepwater coral habitats, including commercial species such as wreckfish, deepwater groupers, and golden crab.
        The proposed rule would establish five Deepwater Coral HAPCs: Cape Lookout Lophelia Banks Deepwater Coral HAPC, Cape Fear Lophelia Banks Deepwater Coral HAPC, Stetson-Miami Terrace Deepwater Coral HAPC, Pourtales Terrace Deepwater Coral HAPC, and Blake Ridge Diapir Deepwater Coral HAPC. These Deepwater Coral HAPCs would provide positive biological benefits to the deepwater corals and to the species that rely on these areas. In all of the proposed Deepwater Coral HAPCs, possession of coral species and the use of bottom longline, trawl (mid-water and bottom), dredge, pot, or trap gear would be prohibited. The use of anchor, anchor and chain, or grapple and chain would also be prohibited within the Deepwater Coral HAPCs. The fishery for wreckfish would not be affected since the use of bottom tending hook-and-line gear used in that fishery would not be prohibited in the proposed Deepwater Coral HAPCs. Similarly, the use of hook-and-line gear commonly used in the snapper-grouper fishery would not be prohibited.
        Given the slow-growth of these deepwater corals, the restrictions in this proposed rule would be expected to result in long-term biological benefits to deepwater coral habitat as well as the species that utilize this habitat.
        Shrimp Fishery Access Areas

        This rule would designate four portions of one of the Deepwater Coral HAPCs as shrimp fishery access areas. In these areas, an owner or operator of a vessel for which a valid commercial vessel permit for rock shrimp (South Atlantic EEZ) has been issued would be allowed to trawl for and possess shrimp. Such vessels are required to have an operating vessel monitoring system (VMS) approved by NMFS for use in the South Atlantic rock shrimp fishery on board when on a trip in the South Atlantic.
        The proposed shrimp fishery access areas are areas where shrimp fishermen have traditionally trawled when fishing for deepwater shrimp and where damage to bottom habitat is already expected to have occurred during fishing operations. Currently, these areas are experiencing low levels of shrimp fishing effort. Because damage to deepwater coral is already expected to have occurred and current shrimp fishing effort levels are low, further habitat degradation in these areas is not likely.
        Golden Crab Fishery Access Areas
        This rule would designate five portions of the Deepwater Coral HAPCs as golden crab fishery access areas. In these areas, an owner or operator of a vessel for which a valid commercial permit for South Atlantic golden crab has been issued would be allowed to use a trap to fish for golden crab and use a grapple and chain while engaged in such fishing. Access to a specific area would be contingent on the zone restrictions stated on the vessel's permit for South Atlantic golden crab.
        The proposed golden crab fishery access areas are areas traditionally fished for golden crab. The golden crab fishermen avoid setting their traps on coral to protect their gear as well as the coral habitat, and therefore, damage to deepwater coral in these areas is expected to be minimal. Currently, these areas are heavily regulated and experience low levels of golden crab fishing effort. Because damage to deepwater coral is unlikely to occur and current golden crab fishing effort levels are low, further habitat degradation in these areas is not likely.
        Additional Measures in CE-BA1
        CE-BA1 proposes to update existing EFH information regarding the area off the southern Atlantic States by including spatial representation of previously designated EFH and EFH-HAPCs in a Geographic Information System. The addition of this information does not change EFH specifications currently in the FMPs and does not require any change in regulatory language.
        Amendments to FMPs
        The Deepwater Coral HAPCs and the additional measures in CE-BA1, discussed above, constitute amendments to FMPs as follows: Amendment 19 to the CMP FMP; Amendment 6 to the Coral FMP; Amendment 1 to the Dolphin and Wahoo FMP; Amendment 4 to the Golden Crab FMP; Amendment 8 to the Shrimp FMP; Amendment 5 to the Spiny Lobster FMP; and Amendment 19 to the Snapper-Grouper FMP.
        Availability of CE-BA1

        Additional background and rationale for the measures discussed above are contained in CE-BA1. The availability of CE-BA1 was announced in the Federal Register on March 4, 2010 (75 FR 9864). Written comments on CE-BA1 must be received by May 3, 2010. All comments received on CE-BA1 or on this proposed rule during their respective comment periods will be addressed in the preamble to the final rule.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the FMPs subject to this rulemaking, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        NMFS prepared a Draft Environmental Impact Statement (DEIS) for this amendment. A notice of availability for the DEIS was published on July 24, 2009 (74 FR 36706).

        NMFS prepared an IRFA, as required by section 603 of the Regulatory Flexibility Act, for this proposed rule. The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A description of the action, why it is being considered, and the objectives of and legal basis for this action are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A copy of the full analysis is available from the Council (see
          ADDRESSES). A summary of the IRFA follows.
        This proposed rule would establish Deepwater Coral HAPCs off the coast of the southern Atlantic States in which the use of specified fishing gear and methods and the possession of coral would be prohibited. Within the Deepwater Coral HAPCs, fishing zones would be created that would allow continued fishing on the historical grounds for golden crab and deepwater shrimp. The Magnuson-Stevens Act provides the statutory basis for this proposed rule.
        No duplicative, overlapping, or conflicting Federal rules have been identified. However, similar to the proposed rule, which would prohibit the use of bottom longlines in the Deepwater Coral HAPCs, current regulation (50 CFR 622.31(d)) prohibits the use of bottom longlines in the wreckfish fishery in the South Atlantic EEZ. Also, similar to the proposed rule, which would prohibit the use of traps in the Deepwater Coral HAPCs, current regulation (50 CFR 622.31(c)) prohibits the use of fish traps in the South Atlantic EEZ. Finally, similar to the proposed rule, which would prohibit the possession of coral within the Deepwater Coral HAPCs, current regulation (50 CFR 622.32(b)(3)(i)) does not allow “Gulf and South Atlantic prohibited coral” (50 CFR 622.2) to be sold or purchased, and, when taken as incidental catch, the prohibited coral must be returned immediately to the sea in the general area of fishing. This proposed rule would directly affect commercial fishing entities that operate in the proposed Deepwater Coral HAPCs and use bottom longline gear, trawls (mid-water and bottom), dredges, pots, or traps; anchor and chain; or grapple and chain; and/or possess coral in these Deepwater Coral HAPCs. Although many commercial species are found in the proposed areas, only wreckfish, golden crab, and royal red shrimp are known to be presently harvested in these areas. However, if any snapper-grouper species are caught in the proposed Deepwater Coral HAPCs, the proposed rule would not prohibit snapper-grouper fishermen, such as those that harvest wreckfish, from deploying commonly used gear, such as rod and reel, bandit, and handline gear. Hence, the only entities expected to be directly affected by this proposed rule are those that fish for golden crab or royal red shrimp.

        This proposed rule includes provisions that reduce the adverse economic effects on golden crab and royal red shrimp fishing vessels. First, the proposed Shrimp Fishery Access Areas would be areas within the Deepwater Coral HAPCs where royal red shrimp fishing vessels with a valid commercial vessel permit for rock shrimp (South Atlantic EEZ) and equipped with an approved VMS would be allowed to continue to operate in the historical royal red shrimp fishing areas without added restrictions. Second, the proposed Golden Crab Fishery Access Areas would be areas within the proposed Deepwater Coral HAPCs where golden crab fishing vessels would be allowed to continue to operate in historic fishing areas without added restrictions.
        There are six vessels that fish for royal red shrimp in the South Atlantic and, at present, two of these vessels are believed to fish for the species full time. Atlantic and Gulf of Mexico landings of royal red shrimp combined peaked at approximately 507,000 lbs (229,971 kg) in 2007. With an average price of $4 per pound, total revenue from these landings was approximately $2 million, or approximately $333,000 per vessel. Most vessels that fish for royal red shrimp operate in other shrimp fisheries, such as the rock shrimp fishery, and are expected to own a commercial vessel permit for rock shrimp (South Atlantic EEZ), however, this is uncertain from available data. The individual and combined annual revenues from all fishing activities of royal red shrimp vessels is unknown.
        Seven vessels reported landings of golden crab from 2004 to 2007, although there were 11 vessels with an annual permit to fish for or possess golden crab in, or off-load or sell golden crab from, the South Atlantic EEZ. Total dockside revenue from golden crab sales averaged $714,000 annually during the 3-year period, or approximately $102,000 annually per vessel. Vessels that operate in this crab fishery typically do not participate in other fisheries, and therefore the golden crab revenues generated by these vessels can be assumed to be the total annual revenues for these vessels.
        The vessels that fish for royal red shrimp and golden crab represent businesses in the shellfish fishing industry (NAICS 114112). A small business in the shellfish fishing industry does not have annual receipts in excess of $4.0 million, is independently owned and operated and is not dominant in its field of operations. Based on the average revenue information provided above, all vessels that operate in the royal red shrimp and golden crab fisheries are determined for the purpose of this analysis to be small businesses.
        This proposed rule would allow royal red shrimp fishing vessels with a commercial vessel permit for rock shrimp (South Atlantic EEZ) and equipped with an approved VMS to continue fishing in their historic fishing areas. Vessels that fish for royal red shrimp are not required to have a commercial vessel permit for rock shrimp (South Atlantic EEZ) and an approved VMS, however, because they use similar gear as rock shrimp vessels, royal red shrimp vessels are likely to have both a commercial vessel permit for rock shrimp (South Atlantic EEZ) and a VMS. As a result, this proposed rule would not be expected to have any adverse economic impact on vessels that operate in the royal red shrimp fishery.
        Golden crab fishing currently occurs in the proposed Stetson-Miami Terrace Deepwater Coral HAPC and Pourtales Terrace Deepwater Coral HAPC. The three proposed Golden Crab Fishery Access Areas, including the Golden Crab Northern and Middle Access Areas within the proposed Stetson-Miami Terrace Deepwater Coral HAPC and the Golden Crab Southern Access Area within the proposed Pourtales Terrace Deepwater Coral HAPC, would allow golden crab fishing vessels to continue current fishing practices in the traditional fishing areas. As a result, this proposed rule would not be expected to have any adverse economic impact on any vessels that operate in the golden crab fishery.
        No other potential direct adverse economic impacts on small entities have been identified. Thus, it is expected that this proposed rule would not result in a significant economic impact on a substantial number of small entities. However, NMFS specifically invites comments on this finding.
        Two alternatives, including the status quo no-action alternative, were considered for the action to establish Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs). The proposed rule would establish five Deepwater Coral HAPCs: Cape Lookout Lophelia Banks Deepwater Coral HAPC, Cape Fear Lophelia Banks Deepwater Coral HAPC, Stetson-Miami Terrace Deepwater Coral HAPC, Pourtales Terrace Deepwater Coral HAPC, and Blake Ridge Diapir Deepwater Coral HAPC. In all of the proposed Deepwater Coral HAPCs, possession of coral species and the use of bottom longline, trawl (mid-water and bottom), dredge, pot, or trap gear would be prohibited. The use of anchor, anchor and chain, or grapple and chain would also be prohibited within the Deepwater Coral HAPCs. The status quo would not establish Deepwater Coral HAPCs and would not achieve the Council's objectives.
        Three alternatives, including the status quo no-action alternative, were considered to reduce the adverse economic impact of the establishment of Deepwater Coral HAPCs on small businesses that harvest royal red shrimp. The royal red shrimp fishery operates almost exclusively within an area inshore of, but also along, the western boundary of the proposed Stetson-Miami Terrace Deepwater Coral HAPC. This proposed rule would protect vulnerable deepwater corals and reduce the adverse economic impact on royal red shrimp fishermen by creating a Shrimp Fishery Access Area within the Stetson-Miami Terrace Deepwater Coral HAPC where fishing with a shrimp trawl and shrimp possession would be allowed by any royal red shrimp fishing vessel holding a commercial vessel permit for rock shrimp (South Atlantic EEZ) and equipped with an approved VMS. The status quo no-action alternative would not allow continued fishing by royal red shrimp vessels and, as a result, would have the largest adverse economic impact on royal red shrimp fishing vessels caused by the creation of the Deepwater Coral HAPCs. The other alternative to the proposed action would move the western boundary of the Stetson-Miami Terrace Deepwater Coral HAPC and eliminate the adverse economic impact on royal red shrimp fishing vessels; however, it would not protect vulnerable deepwater corals and, as a result, would not achieve the Council's objectives.
        Three alternatives, including the status quo no-action alternative, were considered to reduce the adverse economic impact of the establishment of Deepwater Coral HAPCs on small businesses that fish for golden crab. This proposed rule would create three Golden Crab Fishery Access Areas, which would substantially reduce the adverse economic impact on golden crab fishing vessels caused by the creation of the Deepwater Coral HAPCs. The status quo no-action alternative would not create the allowable fishing areas and, as a result, would have the largest adverse economic impact on small businesses that fish for golden crab because it would prohibit fishing in almost all golden crab fishing areas. The other alternative would position part of the Golden Crab Fishery Access Areas on historical royal red shrimp fishing grounds. As a result, this alternative would reduce the direct adverse economic impact of the establishment of the Deepwater Coral HAPCs on small businesses that fish for golden crab, but it could have negative economic impacts to both shrimp and golden crab fishing vessels in the future due to gear conflicts. None of the three Golden Crab Fishery Access Areas created by this proposed rule are located in historical royal red shrimp fishing areas.

        Three alternatives, including the status quo no-action alternative, were considered to amend the Golden Crab FMP to require a VMS on board fishing vessels that harvest golden crab. This proposed rule, which would maintain the status quo, would not require a VMS for this fishery and would not result in the added cost to golden crab fishing businesses. The second alternative would require a VMS on board any vessel that fishes for golden crab in the Golden Crab Fishery Access Areas, and the third alternative would require a VMS on board any vessel fishing in the South Atlantic EEZ with a limited access golden crab permit. Both non-status quo alternatives would impose additional costs on small businesses in the fishery, while the status quo alternative would not.

          List of Subjects in 50 CFR Part 622
          Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands.

          Dated: March 22, 2010.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

          PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
          1. The authority citation for part 622 continues to read as follows:

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

          2. In § 622.35, paragraph (m) is added to read as follows:

            § 622.35
            Atlantic EEZ seasonal and/or area closures.

            (m) Deepwater Coral HAPCs—(1) Locations. The following areas are designated Deepwater Coral HAPCs:
            (i) Cape Lookout Lophelia Banks is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                34°24′37″
                75°45′11″

                1
                34°10′26″
                75°58′44″

                2
                34°05′47″
                75°54′54″

                3
                34°21′02″
                75°41′25″

                Origin
                34°24′37″
                75°45′11″

             (ii) Cape Fear Lophelia Banks is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                33°38′49″
                76°29′32″

                1
                33°32′21″
                76°32′38″

                2
                33°29′49″
                76°26′19″

                3
                33°36′09″
                76°23′37″

                Origin
                33°38′49″
                76°29′32″

             (iii) Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace (Stetson-Miami Terrace) is bounded by—
            (A) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                28°17′10″
                79°00′00″

                1
                31°23′37″
                79°00′00″

                2
                31°23′37″
                77°16′21″

                3
                32°38′37″
                77°16′21″

                4
                32°38′21″
                77°34′06″

                5
                32°35′24″
                77°37′54″

                6
                32°32′18″
                77°40′26″

                7
                32°28′42″
                77°44′10″

                8
                32°25′51″
                77°47′43″

                9
                32°22′40″
                77°52′05″

                10
                32°20′58″
                77°56′29″

                11
                32°20′30″
                77°57′50″

                12
                32°19′53″
                78°00′49″

                13
                32°18′44″
                78°04′35″

                14
                32°17′35″
                78°07′48″

                15
                32°17′15″
                78°10′41″

                16
                32°15′50″
                78°14′09″

                17
                32°15′20″
                78°15′25″

                18
                32°12′15″
                78°16′37″

                19
                32°10′26″
                78°18′09″

                20
                32°04′42″
                78°21′27″

                21
                32°03′41″
                78°24′07″

                22
                32°04′58″
                78°29′19″

                23
                32°06′59″
                78°30′48″

                24
                32°09′27″
                78°31′31″

                25
                32°11′23″
                78°32′47″

                26
                32°13′09″
                78°30′04″

                27
                32°14′08″
                78°34′36″

                28
                32°12′48″
                78°36′34″

                29
                32°13′07″
                78°39′07″

                30
                32°14′17″
                78°40′01″

                31
                32°16′20″
                78°40′18″

                32
                32°16′33″
                78°42′32″

                33
                32°14′26″
                78°43′23″

                34
                32°11′14″
                78°45′42″

                35
                32°10′19″
                78°49′08″

                36
                32°09′42″
                78°52′54″

                37
                32°08′15″
                78°56′11″

                38
                32°05′00″
                79°00′30″

                39
                32°01′54″
                79°02′49″

                40
                31°58′40″
                79°04′51″

                41
                31°56′32″
                79°06′48″

                42
                31°53′27″
                79°09′18″

                43
                31°50′56″
                79°11′29″

                44
                31°49′07″
                79°13′35″

                45
                31°47′56″
                79°16′08″

                46
                31°47′11″
                79°16′30″

                47
                31°46′29″
                79°16′25″

                48
                31°44′31″
                79°17′24″

                49
                31°43′20″
                79°18′27″

                50
                31°42′26″
                79°20′41″

                51
                31°41′09″
                79°22′26″

                52
                31°39′36″
                79°23′59″

                53
                31°37′54″
                79°25′29″

                54
                31°35′57″
                79°27′14″

                55
                31°34′14″
                79°28′24″

                56
                31°31′08″
                79°29′59″

                57
                31°30′26″
                79°29′52″

                58
                31°29′11″
                79°30′11″

                59
                31°27′58″
                79°31′41″

                60
                31°27′06″
                79°32′08″

                61
                31°26′22″
                79°32′48″

                62
                31°24′21″
                79°33′51″

                63
                31°22′53″
                79°34′41″

                64
                31°21′03″
                79°36′01″

                65
                31°20′00″
                79°37′12″

                66
                31°18′34″
                79°38′15″

                67
                31°16′49″
                79°38′36″

                68
                31°13′06″
                79°38′19″

                70
                31°11′04″
                79°38′39″

                70
                31°09′28″
                79°39′09″

                71
                31°07′44″
                79°40′21″

                72
                31°05′53″
                79°41′27″

                73
                31°04′40″
                79°42′09″

                74
                31°02′58″
                79°42′28″

                75
                31°01′03″
                79°42′40″

                76
                31°59′50″
                79°42′43″

                77
                30°58′27″
                79°42′43″

                78
                30°57′15″
                79°42′50″

                79
                30°56′09″
                79°43′28″

                80
                30°54′49″
                79°44′53″

                81
                30°53′44″
                79°46′24″

                82
                30°52′47″
                79°47′40″

                83
                30°51′45″
                79°48′16″

                84
                30°48′36″
                79°49′02″

                85
                30°45′24″
                79°49′55″

                86
                30°41′36″
                79°51′31″

                87
                30°38′38″
                79°52′23″

                88
                30°35′29″
                79°52′54″

                89
                30°32′55″
                79°54′19″

                90
                30°31′05″
                79°55′27″

                91
                30°28′09″
                79°56′06″

                92
                30°26′57″
                79°56′34″

                93
                30°25′25″
                79°57′36″

                94
                30°23′03″
                79°58′25″

                95
                30°21′27″
                79°59′24″

                96
                30°18′22″
                80°00′09″

                97
                30°16′34″
                80°00′33″

                98
                30°14′55″
                80°00′23″

                99
                30°12′36″
                80°01′44″

                100
                30°12′00″
                80°01′49″

                101
                30°06′52″
                80°01′58″

                102
                29°59′16″
                80°04′11″

                103
                29°49′12″
                80°05′44″

                104
                29°43′59″
                80°06′24″

                105
                29°38′37″
                80°06′53″

                106
                29°36′54″
                80°07′18″

                107
                29°31′59″
                80°07′32″

                108
                29°29′14″
                80°07′18″

                109
                29°21′48″
                80°05′01″

                110
                29°20′25″
                80°04′29″

                111
                29°08′00″
                79°59′43″

                112
                29°06′56″
                79°59′07″

                113
                29°05′59″
                79°58′44″

                114
                29°03′34″
                79°57′37″

                115
                29°02′11″
                79°56′59″

                116
                29°00′00″
                79°55′32″

                117
                28°56′55″
                79°54′22″

                118
                28°55′00″
                79°53′31″

                119
                28°53′35″
                79°52′51″

                120
                28°51′47″
                79°52′07″

                121
                28°50′25″
                79°51′27″

                122
                28°49′53″
                79°51′20″

                123
                28°49′01″
                79°51′20″

                124
                28°48′19″
                79°51′10″

                125
                28°47′13″
                79°50′59″

                126
                28°43′30″
                79°50′36″

                127
                28°41′05″
                79°50′04″

                128
                28°40′27″
                79°50′07″

                129
                28°39′50″
                79°49′56″

                130
                28°39′04″
                79°49′58″

                131
                28°36′43″
                79°49′35″

                132
                28°35′01″
                79°49′24″

                133
                28°30′37″
                79°48′35″

                134
                28°14′00″
                79°46′20″

                135
                28°11′41″
                79°46′12″

                136
                28°08′02″
                79°45′45″

                137
                28°01′20″
                79°45′20″

                138
                27°58′13″
                79°44′51″

                139
                27°56′23″
                79°44′53″

                140
                27°49′40″
                79°44′25″

                141
                27°46′27″
                79°44′22″

                142
                27°42′00″
                79°44′33″

                143
                27°36′08″
                79°44′58″

                144
                27°30′00″
                79°45′29″

                145
                27°29′04″
                79°45′47″

                146
                27°27′05″
                79°45′54″

                147
                27°25′47″
                79°45′57″

                148
                27°19′46″
                79°45′14″

                149
                27°17′54″
                79°45′12″

                150
                27°12′28″
                79°45′00″

                151
                27°07′45″
                79°46′07″

                152
                27°04′47″
                79°46′29″

                153
                27°00′43″
                79°46′39″

                154
                26°58′43″
                79°46′28″

                155
                26°57′06″
                79°46′32″

                156
                26°49′58″
                79°46′54″

                157
                26°48′58″
                79°46′56″

                158
                26°47′01″
                79°47′09″

                159
                26°46′04″
                79°47′09″

                160
                26°35′09″
                79°48′01″

                161
                26°33′37″
                79°48′21″

                162
                26°27′56″
                79°49′09″

                163
                26°25′55″
                79°49′30″

                164
                26°21′05″
                79°50′03″

                165
                26°20′30″
                79°50′20″

                166
                26°18′56″
                79°50′17″

                167
                26°16′19″
                79°54′06″

                168
                26°13′48″
                79°54′48″

                169
                26°12′19″
                79°55′37″

                170
                26°10′57″
                79°57′05″

                171
                29°09′17″
                79°58′45″

                172
                26°07′11″
                80°00′22″

                173
                26°06′12″
                80°00′33″

                174
                26°03′26″
                80°01′02″

                175
                26°00′35″
                80°01′13″

                176
                25°49′10″
                80°00′38″

                177
                25°48′30″
                80°00′23″

                178
                25°46′42″
                79°59′14″

                179
                25°27′28″
                80°02′26″

                180
                25°24′06″
                80°01′44″

                181
                25°21′04″
                80°01′27″

                182
                25°21′04″
                79°42′04″

            (B) The outer boundary of the EEZ in a northerly direction from Point 182 to the Origin.
            (iv) Pourtales Terrace is bounded by—
            (A) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                24°20′12″
                80°43′50″

                1
                24°33′42″
                80°34′23″

                2
                24°37′45″
                80°31′20″

                3
                24°47′18″
                80°23′08″

                4
                24°51′08″
                80°27′58″

                5
                24°42′52″
                80°35′51″

                6
                24°29′44″
                80°49′45″

                7
                24°15′04″
                81°07′52″

                8
                24°10′55″
                80°58′11″

            (B) The outer boundary of the EEZ in a northerly direction from Point 8 to the Origin.
            (v) Blake Ridge Diapir is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                32°32′28″
                76°13′16″

                1
                32°30′44″
                76°13′24″

                2
                32°30′37″
                76°11′21″

                3
                32°32′21″
                76°11′13″

                Origin
                32°32′28″
                76°13′16″

            (2) Restrictions. In the Deepwater Coral HAPCs specified in paragraph (l)(1) of this section, no person may:
            (i) Use a bottom longline, trawl (mid-water or bottom), dredge, pot, or trap.
            (ii) If aboard a fishing vessel, anchor, use an anchor and chain, or use a grapple and chain.
            (iii) Fish for coral or possess coral in or from the Deepwater Coral HAPC on board a fishing vessel.
            (3) Shrimp fishery access areas. The provisions of paragraph (l)(2)(i) of this section notwithstanding, an owner or operator of a vessel for which a valid commercial vessel permit for rock shrimp (South Atlantic EEZ) has been issued may trawl for shrimp in the following portions of the Stetson-Miami Terrace Deepwater Coral HAPC:
            (i) Shrimp access area A is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                30°12′00″
                80°01′49″

                1
                30°06′52″
                80°01′58″

                2
                29°59′16″
                80°04′11″

                3
                29°49′12″
                80°05′44″

                4
                29°43′59″
                80°06′24″

                5
                29°38′37″
                80°06′53″

                6
                29°36′54″
                80°07′18″

                7
                29°31′59″
                80°07′32″

                8
                29°29′14″
                80°07′18″

                9
                29°21′48″
                80°05′01″

                10
                29°20′25″
                80°04′29″

                11
                29°20′25″
                80°03′11″

                12
                29°21′48″
                80°03′52″

                13
                29°29′14″
                80°06′08″

                14
                29°31′59″
                80°06′23″

                15
                29°36′54″
                80°06′00″

                16
                29°38′37″
                80°05′43″

                17
                29°43′59″
                80°05′14″

                18
                29°49′12″
                80°04′35″

                19
                29°59′16″
                80°03′01″

                20
                30°06′52″
                80°00′46″

                21
                30°12′00″
                80°00′42″

                Origin
                30°12′00″
                80°01′49″

             (ii) Shrimp access area B is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                29°08′00″
                79°59′43″

                1
                29°06′56″
                79°59′07″

                2
                29°05′59″
                79°58′44″

                3
                29°03′34″
                79°57′37″

                4
                29°02′11″
                79°56′59″

                5
                29°00′00″
                79°55′32″

                6
                28°56′55″
                79°54′22″

                7
                28°55′00″
                79°53′31″

                8
                28°53′35″
                79°52′51″

                9
                28°51′47″
                79°52′07″

                10
                28°50′25″
                79°51′27″

                11
                28°49′53″
                79°51′20″

                12
                28°49′01″
                79°51′20″

                13
                28°48′19″
                79°51′10″

                14
                28°47′13″
                79°50′59″

                15
                28°43′30″
                79°50′36″

                16
                28°41′05″
                79°50′04″

                17
                28°40′27″
                79°50′07″

                18
                28°39′50″
                79°49′56″

                19
                28°39′04″
                79°49′58″

                20
                28°36′43″
                79°49′35″

                21
                28°35′01″
                79°49′24″

                22
                28°30′37″
                79°48′35″

                23
                28°30′37″
                79°47′27″

                24
                28°35′01″
                79°48′16″

                25
                28°36′43″
                79°48′27″

                26
                28°39′04″
                79°48′50″

                27
                28°39′50″
                79°48′48″

                28
                28°40′27″
                79°48′58″

                29
                28°41′05″
                79°48′56″

                30
                28°43′30″
                79°49′28″

                31
                28°47′13″
                79°49′51″

                32
                28°48′19″
                79°50′01″

                33
                28°49′01″
                79°50′13″

                34
                28°49′53″
                79°50′12″

                35
                28°50′25″
                79°50′17″

                36
                28°51′47″
                79°50′58″

                37
                28°53′35″
                79°51′43″

                38
                28°55′00″
                79°52′22″

                39
                28°56′55″
                79°53′14″

                40
                29°00′00″
                79°54′24″

                41
                29°02′11″
                79°55′50″

                42
                29°03′34″
                79°56′29″

                43
                29°05′59″
                79°57′35″

                44
                29°06′56″
                79°57′59″

                45
                29°08′00″
                79°58′34″

                Origin
                29°08′00″
                79°59′43″

             (iii) Shrimp access area C is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                28°14′00″
                79°46′20″

                1
                28°11′41″
                79°46′12″

                2
                28°08′02″
                79°45′45″

                3
                28°01′20″
                79°45′20″

                4
                27°58′13″
                79°44′51″

                5
                27°56′23″
                79°44′53″

                6
                27°49′40″
                79°44′25″

                7
                27°46′27″
                79°44′22″

                8
                27°42′00″
                79°44′33″

                9
                27°36′08″
                79°44′58″

                10
                27°30′00″
                79°45′29″

                11
                27°29′04″
                79°45′47″

                12
                27°27′05″
                79°45′54″

                13
                27°25′47″
                79°45′57″

                14
                27°19′46″
                79°45′14″

                15
                27°17′54″
                79°45′12″

                16
                27°12′28″
                79°45′00″

                17
                27°07′45″
                79°46′07″

                18
                27°04′47″
                79°46′29″

                19
                27°00′43″
                79°46′39″

                20
                26°58′43″
                79°46′28″

                21
                26°57′06″
                79°46′32″

                22
                26°57′06″
                79°44′52″

                23
                26°58′43″
                79°44′47″

                24
                27°00′43″
                79°44′58″

                25
                27°04′47″
                79°44′48″

                26
                27°07′45″
                79°44′26″

                27
                27°12′28″
                79°43′19″

                28
                27°17′54″
                79°43′31″

                29
                27°19′46″
                79°43′33″

                30
                27°25′47″
                79°44′15″

                31
                27°27′05″
                79°44′12″

                32
                27°29′04″
                79°44′06″

                33
                27°30′00″
                79°43′48″

                34
                27°30′00″
                79°44′22″

                35
                27°36′08″
                79°43′50″

                36
                27°42′00″
                79°43′25″

                37
                27°46′27″
                79°43′14″

                38
                27°49′40″
                79°43′17″

                39
                27°56′23″
                79°43′45″

                40
                27°58′13″
                79°43′43″

                41
                28°01′20″
                79°44′11″

                42
                28°04′42″
                79°44′25″

                43
                28°08′02″
                79°44′37″

                44
                28°11′41″
                79°45′04″

                45
                28°14′00″
                79°45′12″

                Origin
                28°14′00″
                79°46′20″

             (iv) Shrimp access area D is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                26°49′58″
                79°46′54″

                1
                26°48′58″
                79°46′56″

                2
                26°47′01″
                79°47′09″

                3
                26°46′04″
                79°47′09″

                4
                26°35′09″
                79°48′01″

                5
                26°33′37″
                79°48′21″

                6
                26°27′56″
                79°49′09″

                7
                26°25′55″
                79°49′30″

                8
                26°21′05″
                79°50′03″

                9
                26°20′30″
                79°50′20″

                10
                26°18′56″
                79°50′17″

                11
                26°18′56″
                79°48′37″

                12
                26°20′30″
                79°48′40″

                13
                26°21′05″
                79°48′08″

                14
                26°25′55″
                79°47′49″

                15
                26°27′56″
                79°47′29″

                16
                26°33′37″
                79°46′40″

                17
                26°35′09″
                79°46′20″

                18
                26°46′04″
                79°45′28″

                19
                26°47′01″
                79°45′28″

                20
                26°48′58″
                79°45′15″

                21
                26°49′58″
                79°45′13″

                Origin
                26°49′58″
                79°46′54″

             (4) Golden crab fishery access areas. The provisions of paragraphs (l)(2)(i) and (ii) of this section notwithstanding, an owner or operator of a vessel for which a valid commercial permit for South Atlantic golden crab has been issued may use a trap to fish for golden crab and use a grapple and chain while engaged in such fishing in the following portions of the Stetson-Miami Terrace and the Pourtales Terrace Deepwater Coral HAPCs. Access to an area specified in paragraph (l)(4)(i) through (v) of this section is contingent on that zone being authorized on the vessel's permit for South Atlantic golden crab. See § 622.17(b) of this part for specification of zones.
            (i) Golden crab northern zone access area is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                29°00′00″
                79°54′24″

                1
                28°56′55″
                79°53′14″

                2
                28°55′00″
                79°52′22″

                3
                28°53′35″
                79°51′43″

                4
                28°51′47″
                79°50′58″

                5
                28°50′25″
                79°50′17″

                6
                28°49′53″
                79°50′12″

                7
                28°49′01″
                79°50′13″

                8
                28°48′19″
                79°50′01″

                9
                28°47′13″
                79°49′51″

                10
                28°43′30″
                79°49′28″

                11
                28°41′05″
                79°48′56″

                12
                28°40′27″
                79°48′58″

                13
                28°39′50″
                79°48′48″

                14
                28°39′04″
                79°48′50″

                15
                28°36′43″
                79°48′27″

                16
                28°35′01″
                79°48′16″

                17
                28°30′37″
                79°47′27″

                18
                28°30′37″
                79°42′12″

                19
                28°14′00″
                79°40′54″

                20
                28°14′00″
                79°45′12″

                21
                28°11′41″
                79°45′04″

                22
                28°08′02″
                79°44′37″

                23
                28°04′42″
                79°44′25″

                24
                28°01′20″
                79°44′11″

                25
                28°00′00″
                79°43′59″

                26
                28°00′00″
                79°38′16″

                27
                28°11′42″
                79°38′13″

                28
                28°23′02″
                79°38′57″

                29
                28°36′50″
                79°40′25″

                30
                28°38′33″
                79°41′33″

                31
                28°38′20″
                79°43′04″

                32
                28°41′00″
                79°43′39″

                33
                28°48′16″
                79°44′32″

                34
                28°54′29″
                79°45′55″

                35
                29°00′00″
                79°45′50″

                Origin
                29°00′00″
                79°54′24″

            (ii) Golden crab middle zone access area A is bounded by—
            (A) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                26°58′45″
                79°35′05″

                1
                27°00′39″
                79°36′26″

                2
                27°07′55″
                79°37′52″

                3
                27°14′52″
                79°37′09″

                4
                27°29′21″
                79°37′15″

                5
                28°00′00″
                79°38′16″

                6
                28°00′00″
                79°43′59″

                7
                27°58′13″
                79°43′43″

                8
                27°56′23″
                79°43′45″

                9
                27°49′40″
                79°43′17″

                10
                27°46′27″
                79°43′14″

                11
                27°42′00″
                79°43′25″

                12
                27°36′08″
                79°43′50″

                13
                27°30′00″
                79°44′22″

                14
                27°30′00″
                79°43′48″

                15
                27°29′04″
                79°44′06″

                16
                27°27′05″
                79°44′12″

                17
                27°25′47″
                79°44′15″

                18
                27°19′46″
                79°43′33″

                19
                27°17′54″
                79°43′31″

                20
                27°12′28″
                79°43′19″

                21
                27°07′45″
                79°44′26″

                22
                27°04′47″
                79°44′48″

                23
                27°00′43″
                79°44′58″

                24
                26°58′43″
                79°44′47″

                25
                26°57′06″
                79°44′52″

                26
                26°57′06″
                79°42′34″

                27
                26°49′58″
                79°42′34″

                28
                26°49′58″
                79°45′13″

                29
                26°48′58″
                79°45′15″

                30
                26°47′01″
                79°45′28″

                31
                26°46′04″
                79°45′28″

                32
                26°35′09″
                79°46′20″

                33
                26°33′37″
                79°46′40″

                34
                26°27′56″
                79°47′29″

                35
                26°25′55″
                79°47′49″

                36
                26°21′05″
                79°48′08″

                37
                26°20′30″
                79°48′40″

                38
                26°18′56″
                79°48′37″

                39
                26°03′38″
                79°48′16″

                40
                26°03′35″
                79°46′09″

                41
                25°58′33″
                79°46′08″

                42
                25°54′27″
                79°45′37″

                43
                25°46′55″
                79°44′14″

                44
                25°38′04″
                79°45′58″

                45
                25°38′05″
                79°42′27″

            (B) The outer boundary of the EEZ in a northerly direction from Point 45 to Point 46.
            (C) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                46
                26°07′49″
                79°36′07″

                47
                26°17′36″
                79°36′06″

                48
                26°21′18″
                79°38′04″

                49
                26°50′46″
                79°35′12″

                50
                26°50′40″
                79°33′45″

            (D) The outer boundary of the EEZ in a northerly direction from Point 50 to the Origin.
            (iii) Golden crab middle zone access area B is bounded by rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                25°49′10″
                80°00′38″

                1
                25°48′30″
                80°00′23″

                2
                25°46′42″
                79°59′14″

                3
                25°27′28″
                80°02′26″

                4
                25°24′06″
                80°01′44″

                5
                25°21′04″
                80°01′27″

                6
                25°21′04″
                79°58′12″

                7
                25°23′25″
                79°58′19″

                8
                25°32′52″
                79°54′48″

                9
                25°36′58″
                79°54′46″

                10
                25°37′20″
                79°56′20″

                11
                25°49′11″
                79°56′00″

                Origin
                25°49′10″
                80°00′38″

            (iv) Golden crab middle zone access area C is bounded by—
            (A) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                25°33′32″
                79°42′18″

                1
                25°33′32″
                79°47′14″

                2
                25°21′04″
                79°53′45″

                3
                25°21′04″
                79°42′04″

            (B) The outer boundary of the EEZ in a northerly direction from Point 3 to the Origin.
            (v) Golden crab southern zone access area is bounded by—
            (A) Rhumb lines connecting, in order, the following points:

                Point
                North lat.
                West long.

                Origin
                24°14′07″
                80°53′27″

                1
                24°13′46″
                81°04′54″

                2
                24°10′55″
                80°58′11″

            (B) The outer boundary of the EEZ in a northerly direction from Point 2 to the Origin.

      [FR Doc. 2010-6764 Filed 3-25-10; 8:45 am]
      BILLING CODE 3510-22-P