sign in sign up
<<
Home , Central Time Zone, Mountain Time Zone

60004 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations

Authority: 46 U.S.C. 2103, 3306, 3703 and DEPARTMENT OF TRANSPORTATION the Board of Commissioners of Oliver 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 County (which is adjacent to Mercer Comp., p. 277; 49 CFR 1.46. Office of the Secretary County), the Department moved that county into the central . The § 160.151–57 [Amended] 49 CFR Part 71 Department took similar action with ■ 58. Amend § 160.151–57(b)(8) by [OST Docket No. OST–2010–0046] respect to Morton County and a portion removing the word ‘‘Transponder’’ and of Sioux County in 2003. adding, in its place, the word Relocation of Zone In 2000–2003, the Department ‘‘Transmitter’’. Boundary in the State of : considered a petition from the Mercer Mercer County County Commission to move the county PART 177—CONSTRUCTION AND to the . The proposal ARRANGEMENT AGENCY: Office of the Secretary, was controversial in the county. A 2000 Department of Transportation (DOT). referendum favored changing to central ■ 59. The authority citation for part 177 ACTION: Final rule. time by a vote of 1,180 to 1,038. However, a majority of written continues to read as follows: SUMMARY: DOT is moving all of Mercer comments to the Department’s docket, Authority: 46 U.S.C. 2103, 3306; E.O. County, North Dakota to the central time and much of the sentiment of persons 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. zone. Prior to this action, all of Mercer attending a public hearing, favored 277; Department of Homeland Security County was located in the mountain keeping the county in the mountain Delegation No. 0170.1. time zone. This action is taken in time zone. After considering the response to a petition filed by the Board comments, and while acknowledging § 177.820 [Amended] of County Commissioners for Mercer the reasons supporting a change, the ■ 60. Amend § 177.820 in paragraphs County and is based on comments made Department decided to deny the petition (d)(1) and (2) by removing the words at a public hearing and filed in the (68 FR 53082; September 9, 2003). The ‘‘3.8 meters’’ and adding, in their places, docket. Department’s decision noted that the the words ‘‘4.572 meters’’. DATES: Effective Date: This final rule Commission was free to file a new will be effective November 7, 2010. petition on the subject in the future. In PART 184—VESSEL CONTROL AND FOR FURTHER INFORMATION CONTACT: a petition dated October 9, 2009, Mr. MISCELLANEOUS SYSTEMS AND Robert C. Ashby, Deputy Assistant Lyle L. Latimer, Chairman of Mercer EQUIPMENT General Counsel for Regulation and County Board of County Enforcement, U.S. Department of Commissioners, asked the Department ■ 61. The authority citation for part 184 Transportation, Room W94–302, 1200 to move the county from the mountain continues to read as follows: New Jersey Avenue, SE., Washington, time zone to the central time zone. Under the , the DC 20590, (202) 366–9310, Authority: 46 U.S.C. 2103, 3306; E.O. Secretary of Transportation has [email protected]. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. authority to issue regulations modifying 277; Department of Homeland Security SUPPLEMENTARY INFORMATION: the boundaries between time zones in Delegation No. 0170.1. Background the United States in order to move an area from one time zone to another. The § 184.510 [Amended] For more than a century, time zone standard in the statute for such ■ 62. Amend § 184.510(a)(7) by boundaries in North Dakota have had an decisions is ‘‘regard for the convenience removing the words ‘‘LORAN interesting and varied history. of commerce and the existing junction coordinates,’’. Beginning in 1883, mountain time was points and division points of common observed in the southwest portion of the carriers engaged in interstate or foreign PART 401—GREAT LAKES PILOTAGE State and a few locations in the commerce.’’ The principal standard for REGULATIONS northwest, with central time being used deciding whether to change a time zone elsewhere. In 1929, the Interstate is defined very broadly to include ■ 63. The authority citation for part 401 Commerce Commission (ICC), which consideration of all the impacts upon a then had jurisdiction over time zone continues to read as follows: community of a change in its standard boundaries, extended central time to of time. DOT has developed a series of Authority: 46 U.S.C. 2104(a), 6101, 7701, cover all but a cluster of counties in the questions to assist communities and us 8105, 9303, 9304; Department of Homeland southwest corner of the State. Congress in determining the impact of a time Security Delegation No. 0170.1; 46 CFR transferred the ICC’s time zone zone change on the ‘‘convenience of 401.105 also issued under the authority of 44 boundary powers to the Department of commerce.’’ The Department considers U.S.C. 3507. Transportation (DOT) in 1967. DOT information bearing on these questions § 401.110 [Amended] exercises these powers under the in making its decision on a proposed provisions of the Uniform Time Act of time zone change. ■ 64. Amend § 401.110(a)(9) by 1966 (15 U.S.C. 260–64). 1. From where do businesses in the removing the text ‘‘CG–54122’’ and The Department has exercised its community get their supplies, and to adding, in its place, the text ‘‘CG–5522’’. authority under this statute in several where do they ship their goods or proceedings affecting North Dakota. In Dated: September 17, 2010. products? 1968, in response to a petition from the 2. From where does the community Sandra Selman, Governor of North Dakota, the receive television and radio broadcasts? Acting Chief, Office of Regulations and Department placed 14 counties lying 3. Where are the newspapers Administrative Law, United States Coast south and west of the River published that serve the community? Guard. into mountain time. The change was 4. From where does the community [FR Doc. 2010–23766 Filed 9–28–10; 8:45 am] made to accommodate the historical get its bus and passenger rail services; BILLING CODE 9110–04–P pattern of time observance in the State. if there is no scheduled bus or passenger In 1992, in response to a petition from rail service in the community, to where

VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60005

must residents go to obtain these rulemaking (75 FR 9568) announcing businesses have their suppliers and services? the proposed change and inviting public customers in central time and believe 5. Where is the nearest airport; if it is comment. A DOT representative that moving Mercer County to central a local service airport, to what major conducted a public hearing in Hazen, time would serve the convenience of airport does it carry passengers? North Dakota on May 14, 2010. At the commerce. Many people explained that 6. What percentage of residents of the meeting, 14 persons spoke in favor of because their businesses primarily community work outside the switching to central time and five spoke conduct transactions with entities community; where do these residents in favor of remaining in mountain time. located in central time, they lose work? Over 400 written comments were valuable work time every day—at least 7. What are the major elements of the submitted to the docket. These an hour in the morning, an hour at community’s economy; is the submissions included many detailed lunch time, and an hour at the end of community’s economy improving or letters, a number of anonymous the day. The manager of the Beulah declining; what Federal, State or local comments, and some brief statements Motor Vehicle Branch Office wrote that plans, if any, are there for economic simply expressing a preference for all their office support comes from the development in the community? either mountain or central time. The State office in Bismarck, and they 8. If residents leave the community submissions came from individuals, therefore lose three hours a day of for schooling, recreation, health care, or businesses, medical service providers, contact with key support functions. The religious worship, what standard of time local Chambers of Commerce, and President of Dakota Helicopters, Inc. is observed in the places where they go school districts. We appreciate the time explained that they are in a ‘‘constant for these purposes? and effort of the people who expressed battle’’ to complete their daily activities their opinion at the public meeting and with their vendors in a shortened time The Petition for Rulemaking through written comments, providing span, because the vendors are all on In October 2009, the Board of the Department with the factual basis central time. Other comments focused Commissioners for Mercer County, upon which to make a decision. on the ongoing struggle businesses face North Dakota, petitioned the Secretary Comments in Support of Central Time to schedule meetings, teleconferences, of Transportation to move Mercer and seminars with businesses located in County from the to Approximately 250 comments, central time. the central time zone. The Mercer including written submissions and Being on mountain time also County petition stated several reasons those comments made at the hearing, adversely affects the quality of services for the request, outlining the favored a switch to central time. Our that businesses in Mercer County Commission’s view of why the change decision, however, is not based on the provide, commenters asserted. A would meet the ‘‘convenience of number of comments supporting a submission from the secretary and commerce’’ standard. The following is a particular time zone. As discussed treasurer of Knife River Indian Heritage summary of the reasons asserted in above, the decision is based on the Foundation portrayed how frequently support of the request, which address statutory ‘‘convenience of commerce’’ tourists get confused about the time and several of the Department’s questions. standard and the comments help us to arrive too early or too late for events at • Almost all supplies for businesses make the decision by providing factual the Foundation. The owner of Beulah in Mercer County, including the coal information regarding the impact of a Drug Company explained that all of and agriculture industries, are shipped time zone change on a community. The their suppliers and technical support from the Bismarck/Mandan area and comments supporting a move to central are located on central or eastern time; from other points in the central time time addressed five impacted areas that on many occasions they have needed a zone. would be improved by a change of time service or product, but have had to wait • Communications media zones: (1) Transportation, (2) business, an extra day because the supplier was (newspapers, radio and television (3) schools and other public agencies, already closed. The Beulah Public stations) serving Mercer County are (4) health care, and (5) family life. Library is one of only two libraries in a based in the Bismarck/Mandan area. In the area of transportation, many 25-member consortium that is on • There is no regular passenger submissions noted that the closest mountain time, which creates transportation serving Mercer County. transportation hub is Bismarck, which is scheduling issues. The Library also Residents go to the Bismarck/Mandan on central time. Numerous individuals believes that switching to central time area to catch planes, trains, and buses. explained that catching a morning flight would allow them to better serve their • The main offices for several Mercer out of Bismarck is inconvenient, patrons, because their hours would County energy industry facilities are because they either have to get up very coincide with the area power plants and located in Bismarck. early in the morning to account for the mines. Moreover, several business • Many residents regularly travel to one hour time difference, or pay to owners suggested that they would have the Bismarck/Mandan area for spend the night before their flight in a an easier time recruiting employees who recreation, health care, and other hotel. live in central time if Mercer County purposes. The docket included abundant switched to central time. • Geographically, Mercer County is comments focusing on the impact of a The Mercer County time zone also has adjacent to the central time zone on the time zone switch on businesses in a major impact on the schools. The east, north, and south sides of the Mercer County. Most of the power Center-Stanton Public School Board, the county, and is therefore well located for plants and mines, which are major Beulah Board of Education, and the inclusion in the central time zone. The employers in Mercer County, already Hazen Public School Board all Fort Berthold Indian Reservation, run on central time. The manager of submitted comments favoring a switch located in Mercer County, is currently Coyote electric generating plant to central time. The Center-Stanton in the central time zone. expressed how confusing it is to be school district is currently divided, with located in mountain time, but operating half of the district on central time and Public Comments on central time. half on mountain time. The On March 3, 2010, the Department From the comments submitted, it Superintendent explained how this published a notice of proposed appears that the majority of the county’s makes scheduling meetings difficult,

VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES 60006 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations

and it also requires the students residing the public hearing comments and the to enjoy the extra daylight in the in Stanton to wake up very early in the written comments. morning hours provided by mountain morning to be ready for the bus. Many people also described the strain time, because they can finish their The Beulah School Board said that in on family life that results from chores in time to attend evening events the 2008–2009 school year school constantly coping with two time zones. or to order parts from suppliers. They depicted households with two sets athletic teams participated in 180 Other Issues varsity-level extracurricular contests, of clocks set to different time zones to with 119 of those in central time. The accommodate the fact that the parents Close to 50 written comments, most of comment explained that the students work in central time while the children them anonymous, requested that the leaving school early for these events attend school in mountain time. One matter be put to a vote, such as an lose an hour of instruction more than commenter illustrated how confusing it advisory referendum on the November they would if Mercer County were on is to make arrangements to see a high 2010 ballot. As a Federal agency, DOT central time. The Hazen School Board, school basketball game and have dinner has no authority to tell a county as well as many parents of children in beforehand, when some of the family whether or not to hold a referendum, Mercer County schools, also expressed works on central time and some on and it would be very inappropriate for concern over the lost educational time. mountain time. People wrote in to say us to do so. In addition, even if Mercer An added difficulty relates to the that they feel like they live in a County were to hold a referendum on present trend of schools in North Dakota ‘‘peninsula’’ or ‘‘pocket’’ of mountain the time zone issue, the outcome of the to move to distance education; the time and that their lives would be vote would not necessarily be different time zones make the simpler if they lived in the same time determinative. Rather, the Department is coordination of distance education zone as surrounding counties, the required to apply the statutory criteria set forth in the Uniform Time Act. cumbersome. counties on three sides of Mercer County being on central time. Finally, several comments called for A recurrent theme in the comments an end to was that mountain time negatively Comments in Favor of Mountain Time observance in North Dakota. Under the impacts health care for Mercer County About 100 comments from Uniform time Act, State governments residents. A number of health care individuals and businesses in Mercer may decide to opt out of observing providers submitted comments to the County expressed support for mountain daylight saving time for all of the docket addressing the operational issues time. Comments voiced at the public portion of a State in a given time zone. that arise from the time zone difference. hearing and also mentioned in the This issue is therefore outside the scope Some of the issues mentioned were that written submissions conveyed concern of this rulemaking. Those interested in communications with health care about children going to school in the the daylight saving time issue should facilities in Bismarck are more difficult dark. A high school teacher explained explore the matter with their State to schedule, that patients often miss that she does not want to walk to school officials. appointments because of the time in the dark. difference, and that it is confusing for Several individuals said they found The Decision physicians in Bismarck to review charts living and working in different time After weighing all the material in the of patients seen in Mercer County zones to be very convenient. Some said record for this rulemaking, DOT has because they have to readjust the that they enjoy finishing work in central decided to place all of Mercer County timeframe to determine when events time and still having time to shop in on central time. We find that the occurred. The Medical Center noted that Mercer County where the businesses are proposed change requested by the it is difficult for their providers to still open. They can go to the drug store, County Commissioners suits ‘‘the schedule follow-up appointments for the post office, and the banks after work. convenience of commerce.’’ patients who are seen in the middle to Other comments stated that a switch to We believe that the change to central late afternoon at their clinics in Hazen, central time would harm local time will benefit the community in a because the clinics in Bismarck and businesses, because they would no variety of ways. Many individuals and Minot are already closed. longer offer the convenience of being businesses in Mercer County look to A large number of individuals open after the workers on central time, areas in the central time zone for described the inconvenience of making particularly those who work at the commercial, health care, and and attending medical appointments in power plants, finish the workday. transportation services. The change will central time. Many medical procedures Additional commenters said that improve access to medical care by are only offered in the larger medical working on central time and having making it easier to attend appointments facilities in Bismarck. These their children go to school on mountain in Bismarck. It will also simplify travel appointments are usually scheduled time allows them to be home when their arrangements for those using the first thing in the morning. Thus, the children get out of school and to attend Bismarck airport. Employees of the coal Mercer County residents have to leave school events without missing work. or electric power industry in Mercer very early in the morning to get to Several people enjoy that the evening County, as well as those commuting to appointments in central time. The TV news comes on earlier in mountain Bismarck-Mandan for work, will be on Administrator of the Knife River Care time than in central time. Some of the the same schedule at home and at work. Center, a long-term care facility in comments noted that Mercer County The change should aid commerce by Beulah, wrote that they frequently had been on mountain time throughout placing suppliers and businesses on the transport residents to medical its history, and that the inconveniences same schedule, thus eliminating the appointments in Bismarck. Having to of living on a time zone border (e.g., shortened workday that has arisen for leave so early in the morning makes it having two sets of clocks in the house) many businesses in Mercer County. In harder for the resident, the van driver, were things people were used to and addition, school children will no longer and the staff. The belief that medical could easily live with. have to miss extra instructional time care would be much more convenient if Many comments asserted that when they participate in extracurricular Mercer County switched to central time mountain time is much preferred by the activities. Mercer County will now be in was mentioned numerous times in both farmers and ranchers. Farmers were said the same time zone as its main

VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60007

television broadcasts and newspapers. policymaking discretion of the States. Privacy Act Finally, having Mercer County on Therefore, the consultation Anyone is able to search the central time should alleviate much of requirements of Executive Order 13132 electronic form of all comments the confusion and scheduling do not apply. received into any of our dockets by the complexity that have become a part of Unfunded Mandates name of the individual submitting the many residents’ daily lives. comment (or signing the comment, if We understand that there are a The Unfunded Mandates Reform Act submitted on behalf of an association, number of individuals who are satisfied of 1995 (2 U.S.C. 1531–1538) and E.O. business, labor union, etc.). You may with mountain time and that this 12875, Enhancing the Intergovernmental review DOT’s complete Privacy Act change will not be an easy transition for Partnership (58 FR 58093; October 28, Statement in the Federal Register them. However, the Department is 1993), govern the issuance of Federal published on April 11, 2000 (Volume required to apply the statutory criteria regulations that impose unfunded 65, Number 70; Pages 19477–78) or you set forth in the Uniform Time Act, and mandates. An unfunded mandate is a may visit http://dms.dot.gov. the reasons advanced by proponents of regulation that requires a State, local, or mountain time were fewer and Tribal government, or the private sector Paperwork Reduction Act considerably less strong, with respect to to incur direct costs without the Federal This rule does not create any the ‘‘convenience of commerce’’ criteria, Government having first provided the information collection requirements than those made by persons favoring the funds to pay those costs. This rule does covered by the Paperwork Reduction change. not impose an unfunded mandate. Act. This decision will go into effect on November 7, 2010, at the same time that Protection of Children List of Subjects in 49 CFR Part 71 North Dakota changes from daylight Time zones. saving time to standard time. Because We have analyzed this rule under E.O. the time zone change and the change 13045, Protection of Children from Issued this 20th day of September, 2010, at Washington, DC. from daylight saving time to standard Environmental Health Risks and Safety time will coincide, Mercer County Risks. This rule is not an economically Ray LaHood, residents and organizations will not significant rule and does not concern an Secretary of Transportation. have to change their clocks this fall. environmental risk to health or risk to ■ For reasons discussed in the safety as defined by the Executive Order preamble, the Office of the Secretary Regulatory Analyses and Notices that may disproportionately affect amends Title 49 of the Code of Federal Executive Order 12866 and Regulatory children. Regulations, Part 71, as follows: Flexibility Act Environment PART 71—STANDARD TIME ZONE The Department has determined that BOUNDARIES this action is not a significant regulatory This rulemaking is not a major action for purposes of Executive Order Federal action significantly affecting the ■ 1. The authority citation for 49 CFR 12866 or the Department’s regulatory quality of the human environment Part 71 continues to read as follows: under the National Environmental policies and procedures. The rule Authority: Secs. 1–4, 40 Stat. 450, as primarily affects the convenience of Policy Act and, therefore, an environmental impact statement is not amended; sec. 1, 41 Stat. 1446, as amended; individuals in scheduling their secs. 2–7, 80 Stat. 107, as amended; 100 Stat. required. activities. It imposes no direct costs. Its 764; Act of Mar. 19, 1918, as amended by the impact is localized in nature, affecting Consultation With Indian Tribal Uniform Time Act of 1966 and Pub. L. only the residents of, and people who Governments 97–449, 15 U.S.C. 260–267; Pub. L. 99–359; do business in, a single county. We Pub. L. 106–564, 15 U.S.C. 263, 114 Stat. expect the economic impact of this final Executive Order 13175 (65 FR 67249, 2811; 49 CFR 1.59(a), unless otherwise noted. rule to be so minimal that full November 6, 2000) requires DOT to ■ 2. Revise § 71.7 (a) to read as follows: Regulatory Evaluation under paragraph have an accountable process to ensure 10e of the regulatory policies and ‘‘meaningful and timely input by Tribal § 71.7 Boundary line between central and procedures of DOT is unnecessary. officials’’ in the development of rules mountain zones. While some small entities (i.e., small with Tribal implications. The Fort (a) -North Dakota. Beginning business or governmental entities in Berthold Indian Reservation is located at the junction of the Montana-North Mercer County) will be affected by in Mercer County. However, the Dakota boundary with the boundary of setting their clocks differently than in Reservation already observes central the United States and Canada southerly the past, the economic effects of doing time. This rule helps the Fort Berthold along the Montana-North Dakota so would not be significant, and would Indian Reservation by placing the boundary to the Missouri River; thence largely be economically favorable to surrounding areas in Mercer County in southerly and easterly along the middle them. Therefore, the Department the same time zone as the Reservation. of that river to the midpoint of the certifies that the rule would not have a Furthermore, the representatives of the confluence of the Missouri and significant economic impact on a Reservation did not comment on the Yellowstone Rivers; thence southerly substantial number of small entities. rule. This rule does not have substantial and easterly along the middle of the direct effects on an Indian tribe, or on Yellowstone River to the north Federalism the relationship between the Federal boundary of T. 150 N., R. 104 W.; thence This final rule has been analyzed in Government and Indian tribes, or on the east to the northwest corner of T. 150 accordance with the principles and distribution of power and N., R. 102 W.; thence south to the criteria contained in Executive Order responsibilities between the Federal southwest corner of T. 149 N., R. 102 13132 (‘‘Federalism’’). This final rule Government and Indian tribes. W.; thence east to the northwest corner does not have a substantial direct effect Therefore, this rule does not have Tribal of T. 148 N., R. 102 W.; thence south to on, or sufficient federalism implications implications and does not preempt the northwest corner of 147 N., R. 102 for, the States, nor would it limit the Tribal law. W.; thence east to the southwest corner

VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES 60008 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations

of T. 148 N., R. 101 W.; thence south to Atlantic is managed under the Fishery a dealer or processor. For a person on the middle of the Little Missouri; thence Management Plan for the Snapper- board a vessel for which a Federal easterly and northerly along the middle Grouper Fishery of the South Atlantic commercial or charter vessel/headboat of that river to the midpoint of its Region (FMP). The FMP was prepared permit for the South Atlantic snapper- confluence with the Missouri River; by the South Atlantic Fishery grouper fishery has been issued, the sale thence southerly and easterly along the Management Council and is and purchase provisions of the middle of the Missouri River to the implemented under the authority of the commercial closure for black sea bass midpoint of its confluence with the Magnuson-Stevens Fishery would apply regardless of whether the western land boundary of Mercer Conservation and Management Act fish are harvested in state or Federal County; thence south along the western (Magnuson-Stevens Act) by regulations waters, as specified in 50 CFR county line of Mercer County to the at 50 CFR part 622. Those regulations 622.43(a)(5)(ii). southwest boundary; thence east and set the commercial quota for black sea south along the southwestern county bass in the South Atlantic at 309,000 lb Classification boundary of Morton County to the (140,160 kg) for the current fishing year, intersection with the boundary with June 1, 2010, through May 31, 2011, as This action responds to the best Sioux County; thence west and south specified in 50 CFR 622.42(e)(5)(iii). available information recently obtained along the northern boundary of Sioux Black sea bass are managed from the fishery. The Assistant County to the center of State Highway throughout their range. In the South Administrator for Fisheries, NOAA 31; thence south along the center of Atlantic EEZ, black sea bass are (AA), finds that the need to immediately State Highway 31 to the State border managed by the Council from 35° 15.19′ implement this action to close the with ; thence east along N. lat., the latitude of Cape Hatteras commercial sector to the harvest of the southern boundary of Sioux County Light, North Carolina, south. From Cape black sea bass constitutes good cause to in the middle of the Missouri River. Hatteras Light, North Carolina, through waive the requirements to provide prior * * * * * Maine, black sea bass are managed notice and opportunity for public [FR Doc. 2010–24376 Filed 9–28–10; 8:45 am] jointly by the Mid-Atlantic Fishery comment pursuant to the authority set Management Council and the Atlantic BILLING CODE 4910–9X–P forth in 5 U.S.C. 553(b)(B), as such States Marine Fisheries Commission. procedures would be unnecessary and Therefore, the closure provisions contrary to the public interest. Such DEPARTMENT OF COMMERCE contained in this notice are applicable to those vessels harvesting or possessing procedures would be unnecessary because the rule itself already has been National Oceanic and Atmospheric black sea bass from Key West, , Administration through Cape Hatteras Light, North subject to notice and comment, and all Carolina. that remains is to notify the public of 50 CFR Part 622 Under 50 CFR 622.43(a), NMFS is the closure. required to close the commercial sector Allowing prior notice and [Docket No. 040205043–4043–01] for a species or species group when the opportunity for public comment is RIN 0648–XY48 quota for that species or species group contrary to the public interest because is reached, or is projected to be reached, of the need to immediately implement Fisheries of the Caribbean, Gulf of by filing a notification to that effect with this action to protect the black sea bass , and South Atlantic; Snapper- the Office of the Federal Register. Based stock because the capacity of the fishing Grouper Fishery of the South Atlantic; on current statistics, NMFS has fleet allows for rapid harvest of the Closure of the 2010–2011 Commercial determined that the available Sector for Black Sea Bass in the South commercial quota of 309,000 lb (140,160 quota. Prior notice and opportunity for Atlantic kg) for black sea bass will be reached on public comment would require time and or before October 7, 2010. Accordingly, would potentially result in a harvest AGENCY: National Marine Fisheries NMFS is closing the commercial sector well in excess of the established quota. Service (NMFS), National Oceanic and for black sea bass in the South Atlantic Atmospheric Administration (NOAA), For the aforementioned reasons, the EEZ from 12:01 a.m., local time, on Commerce. AA also finds good cause to waive the October 7, 2010, through 12:01 a.m., 30–day delay in effectiveness of the ACTION: Temporary rule; closure. local time, on June 1, 2011. The operator action under 5 U.S.C. 553(d)(3). of a vessel with a valid commercial SUMMARY: NMFS closes the commercial This action is taken under 50 CFR sector for black sea bass in the exclusive vessel permit for snapper-grouper having black sea bass onboard must 622.43(a) and is exempt from review economic zone (EEZ) of the South under Executive Order 12866. Atlantic. NMFS has determined that the have landed and bartered, traded, or quota for the commercial sector for sold such black sea bass prior to 12:01 Authority: 16 U.S.C. 1801 et seq. a.m., local time, October 7, 2010. black sea bass will have been reached by Dated: September 24, 2010. During the closure, the bag limit and October 7, 2010. This closure is Carrie Selberg, necessary to protect the black sea bass possession limits specified in 50 CFR Acting Director, Office of Sustainable resource. 622.39(d)(1)(vii) and (d)(2), respectively, apply to all harvest or possession of Fisheries, National Marine Fisheries Service. DATES: Closure is effective 12:01 a.m., black sea bass in or from the South [FR Doc. 2010–24450 Filed 9–24–10; 4:15 pm] local time, October 7, 2010, through Atlantic EEZ, and the sale or purchase BILLING CODE 3510–22–S 12:01 a.m., local time, on June 1, 2011. of black sea bass taken from the EEZ is FOR FURTHER INFORMATION CONTACT: prohibited. The prohibition on sale or Catherine Bruger, telephone 727–824– purchase does not apply to sale or 5305, fax 727–824–5308, e-mail purchase of black sea bass that were [email protected]. harvested, landed ashore, and sold prior SUPPLEMENTARY INFORMATION: The to 12:01 a.m., local time, October 7, snapper-grouper fishery of the South 2010, and were held in cold storage by

VerDate Mar<15>2010 14:30 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 E:\FR\FM\29SER1.SGM 29SER1 erowe on DSK5CLS3C1PROD with RULES