Fisheries of the Exclusive Economic Zone Off Alaska; Opening Directed Fishing for Pacific Cod by Catcher Vessels Greater Than or Equal to 60 feet (18.3 m) Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands management area, 9176-9177 [E9-4474]
Download as PDF
9176
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations
unless doing so would be inconsistent
with applicable law or is otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies, such as the Society of
Automotive Engineers. The NTTAA
directs us to provide Congress (through
OMB) with explanations when we
decide not to use available and
applicable voluntary consensus
standards. There are no voluntary
consensus standards developed by
voluntary consensus standards bodies
pertaining to this interim final rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a
written assessment of the costs, benefits
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
1995). This interim final rule would not
result in expenditures by State, local or
tribal governments, in the aggregate, or
by the private sector in excess of $100
million annually.
National Environmental Policy Act
NHTSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action will not have any significant
impact on the quality of the human
environment.
rmajette on PRODPC74 with RULES
Executive Order 13211
Executive Order 13211 (66 FR 28355,
May 18, 2001) applies to any
rulemaking that: (1) Is determined to be
economically significant as defined
under E.O. 12866, and is likely to have
a significantly adverse effect on the
supply of, distribution of, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. This
rulemaking is not subject to E.O. 13211.
Plain Language
Executive Order 12866 and the
President’s memorandum of June 1,
1998, require each agency to write all
rules in plain language. Application of
the principles of plain language
includes consideration of the following
questions:
• Have we organized the material to
suit the public’s needs?
VerDate Nov<24>2008
14:43 Mar 02, 2009
Jkt 217001
• Are the requirements in the rule
clearly stated?
• Does the rule contain technical
language or jargon that isn’t clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rule easier to understand?
If you have any responses to these
questions, please include them in your
comments on this proposal.
Regulatory Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) 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. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.regulations.gov.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, and Tires.
■ In consideration of the foregoing,
NHTSA is amending 49 CFR part 571 as
set forth below.
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
continues to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.121 is amended by
revising S5.2.3.3(a) to read as follows:
■
§ 571.121
systems.
Standard No. 121; Air brake
*
*
*
*
*
S5.2.3.3 Antilock malfunction
indicator.
(a) In addition to the requirements of
S5.2.3.2, each trailer and trailer
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
converter dolly manufactured on or after
March 1, 1998, and before September 1,
2009, shall be equipped with an
external antilock malfunction indicator
lamp that meets the requirements of
S5.2.3.3(b) through (d).
*
*
*
*
*
Issued: February 26, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9–4492 Filed 2–27–09; 11:15 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351—9087—02]
RIN 0648–XN54
Fisheries of the Exclusive Economic
Zone Off Alaska; Opening Directed
Fishing for Pacific Cod by Catcher
Vessels Greater Than or Equal to 60
feet (18.3 m) Length Overall Using Pot
Gear in the Bering Sea and Aleutian
Islands management area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; opening.
SUMMARY: NMFS is opening directed
fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3 m)
length overall (LOA) using pot gear in
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to fully use the A season
allowance of the 2009 total allowable
catch (TAC) of Pacific cod by catcher
vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear in the
BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 1, 2009, through
1200 hrs, A.l.t., June 10, 2009.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., March 13, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN
0648-XN54, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
E:\FR\FM\03MRR1.SGM
03MRR1
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
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. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
FOR FURTHER INFORMATION CONTACT:
rmajette on PRODPC74 with RULES
Mary Furuness, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
VerDate Nov<24>2008
14:43 Mar 02, 2009
Jkt 217001
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using pot gear in the BSAI under
§ 679.20(d)(1)(iii) on February 1, 2009
(74 FR 6554, February 10, 2009).
NMFS has determined that
approximately 1,019 mt of Pacific cod
remain in the directed fishing allowance
for catcher vessels greater than or equal
to 60 feet (18.3 m) LOA using pot gear
in the BSAI. Therefore, in accordance
with § 679.25(a)(1)(i), (a)(2)(i)(C) and
(a)(2)(iii)(D), and to fully utilize the A
season allowance of the 2009 TAC of
Pacific cod by catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using pot gear in the BSAI, NMFS is
terminating the previous closure and is
reopening directed fishing for Pacific
cod.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
9177
data in a timely fashion and would
delay opening directed fishing for
Pacific cod by catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using pot gear in the BSAI. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of February 23, 2009. The
AA also finds good cause to waive the
30-day delay in the effective date of this
action under 5 U.S.C. 553(d)(3). This
finding is based upon the reasons
provided above for waiver of prior
notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the TAC of
Pacific cod by catcher vessels greater
than or equal to 60 feet (18.3 m) LOA
using pot gear in the BSAI to be
harvested in an expedient manner and
in accordance with the regulatory
schedule. Under § 679.25(c)(2),
interested persons are invited to submit
written comments on this action to the
above address until March 13, 2009.
This action is required by § 679.20
and § 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–4474 Filed 2–26–09; 4:15 pm]
BILLING CODE 3510–22–S
E:\FR\FM\03MRR1.SGM
03MRR1
Agencies
[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Rules and Regulations]
[Pages 9176-9177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4474]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351--9087--02]
RIN 0648-XN54
Fisheries of the Exclusive Economic Zone Off Alaska; Opening
Directed Fishing for Pacific Cod by Catcher Vessels Greater Than or
Equal to 60 feet (18.3 m) Length Overall Using Pot Gear in the Bering
Sea and Aleutian Islands management area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; opening.
-----------------------------------------------------------------------
SUMMARY: NMFS is opening directed fishing for Pacific cod by catcher
vessels greater than or equal to 60 feet (18.3 m) length overall (LOA)
using pot gear in the Bering Sea and Aleutian Islands management area
(BSAI). This action is necessary to fully use the A season allowance of
the 2009 total allowable catch (TAC) of Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3 m) LOA using pot gear in the
BSAI.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 1, 2009,
through 1200 hrs, A.l.t., June 10, 2009. Comments must be received at
the following address no later than 4:30 p.m., A.l.t., March 13, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN
0648[dash]XN54, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at https://
www.regulations.gov.
[[Page 9177]]
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to https://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) 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. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI according to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the
North Pacific Fishery Management Council under authority of the
Magnuson-Stevens Fishery Conservation and Management Act. Regulations
governing fishing by U.S. vessels in accordance with the FMP appear at
subpart H of 50 CFR part 600 and 50 CFR part 679.
NMFS closed directed fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3 m) LOA using pot gear in the
BSAI under Sec. 679.20(d)(1)(iii) on February 1, 2009 (74 FR 6554,
February 10, 2009).
NMFS has determined that approximately 1,019 mt of Pacific cod
remain in the directed fishing allowance for catcher vessels greater
than or equal to 60 feet (18.3 m) LOA using pot gear in the BSAI.
Therefore, in accordance with Sec. 679.25(a)(1)(i), (a)(2)(i)(C) and
(a)(2)(iii)(D), and to fully utilize the A season allowance of the 2009
TAC of Pacific cod by catcher vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear in the BSAI, NMFS is terminating the
previous closure and is reopening directed fishing for Pacific cod.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay opening directed fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3 m) LOA using pot gear in the
BSAI. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data only became available as
of February 23, 2009. The AA also finds good cause to waive the 30-day
delay in the effective date of this action under 5 U.S.C. 553(d)(3).
This finding is based upon the reasons provided above for waiver of
prior notice and opportunity for public comment.
Without this inseason adjustment, NMFS could not allow the TAC of
Pacific cod by catcher vessels greater than or equal to 60 feet (18.3
m) LOA using pot gear in the BSAI to be harvested in an expedient
manner and in accordance with the regulatory schedule. Under Sec.
679.25(c)(2), interested persons are invited to submit written comments
on this action to the above address until March 13, 2009.
This action is required by Sec. 679.20 and Sec. 679.25 and is
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 25, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-4474 Filed 2-26-09; 4:15 pm]
BILLING CODE 3510-22-S