Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Delmarva Scallop Access Area to General Category Scallop Vessels, 14933-14934 [E9-7460]

Download as PDF dwashington3 on PROD1PC60 with RULES Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Rules and Regulations verification upon receipt, processing through a secure mail system, and signature upon delivery. For these services, in addition to terminal dues, the delivering postal operator is provided a set amount in compensation from the originating postal operator, regardless of the cost of the delivery process. The Postal Service is not authorized to charge a premium for the delivery of these items to the addressee. Through the December 20, 2006, enactment of the Postal Accountability and Enhancement Act (PAEA), Congress fundamentally changed the Postal Service’s business model by converting it from one based on an expectation that it would break-even over time, to a more commercially competitive, profitmaking model. This change requires the Postal Service to review all of its services in an effort to better align costs and revenues, while at the same time ensuring the security of the mail. Domestic Registered Mail is handled in a separate hand-to-hand laborintensive process from point of acceptance to delivery. The domestic Registered Mail fees are set by the Postal Service and are based on the stated value of the item, for which insurance is provided in the fee, up to $25,000. These fees take into account the labor and processing costs required to accept, process and deliver this mail. In contrast, inbound international Registered Mail is defined by the UPU’s agreement, which limits the compensation the Postal Service receives for providing the service and also limits the indemnity available to customers. The UPU agreement does not require hand-to-hand processing. Inbound international Registered Mail, therefore, will no longer be handled in the domestic Registered Mail system. International senders of Registered Mail will continue to receive the features that distinguish this service. The Postal Service will verify the receipt of Registered Mail to the originating postal administration. A signature will be obtained at the time of delivery in accordance with domestic regulations governing the delivery of accountable mail. The sender also will have access to the inquiry process and may receive indemnity based on UPU limits for loss, damage or missing contents. Customers will also benefit from the high security of the domestic First-Class Mail® mailstream, which is protected by the United States Postal Inspection Service® and the United States Postal Service Office of Inspector General. The Postal Service anticipates improved service as well as cost savings as a result of this change to its VerDate Nov<24>2008 14:50 Apr 01, 2009 Jkt 217001 14933 operational handling of inbound international Registered Mail items. The Postal Service hereby adopts the following changes to Mailing Standards of the United States Postal Service, International Mail Manual (IMM), which is incorporated by reference in the Code of Federal Regulations. See 39 CFR 20.1. DEPARTMENT OF COMMERCE List of Subjects in 39 CFR Part 20 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Delmarva Scallop Access Area to General Category Scallop Vessels Foreign relations, International postal services. Accordingly, 39 CFR part 20 is amended as follows: ■ PART 20—[AMENDED] 1. The authority citation for 39 CFR part 20 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408, 3622, 3632, and 3633. 2. Revise the following sections of Mailing Standards of the United States Postal Service, International Mail Manual (IMM) to read as follows: ■ Mailing Standards of the United States Postal Service, International Mail Manual (IMM) * 7 * * * * Treatment of Inbound Mail * * 750 Extra Services * * 752 Registered Mail 752.1 * * * * * * * Identification * * * * [Revise 752.13 to read as follows:] 752.13 Treatment of Registered Items All mail registered by the country of origin must be handled in the domestic First-Class Mail mailstream from the exchange office to the office of delivery. A signed delivery receipt must be obtained at the time of delivery. * * * * * Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. E9–7373 Filed 4–1–09; 8:45 am] BILLING CODE 7710–12–P PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.070817467–8554–02] RIN 0648–XN68 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces that the Delmarva Scallop Access Area will close to general category scallop vessels for the remainder of the 2009 fishing year. This action is based on the determination that 728 general category scallop trips into the Delmarva Access Area are projected to be taken as of 0001, April 1, 2009. This action is being taken to prevent the allocation of general category trips in the Delmarva Scallop Access Area from being exceeded during the 2009 fishing year, in accordance with the regulations implementing Framework 19 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. DATES: Effective 0001 hours, April 1, 2009, through February 28, 2010. FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, (978) 281–9221, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas are found at §§ 648.59 and 648.60. Regulations specifically governing general category scallop vessel operations in the Delmarva Scallop Access Area are specified at § 648.59(e)(4)(ii). These regulations authorize vessels issued a valid general category scallop permit to fish in the Delmarva Scallop Access Area under specific conditions, including a total of 728 trips that may be taken by general category vessels during the 2009 fishing year. The regulations at § 648.59(e)(4)(ii) require the Delmarva Scallop Access Area to be closed to general category scallop vessels once the Northeast Regional Administrator has determined that the E:\FR\FM\02APR1.SGM 02APR1 14934 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Rules and Regulations allowed number of trips are projected to be taken. Based on trip declarations by general category scallop vessels fishing in the Delmarva Scallop Access Area, and analysis of fishing effort, a projection concluded that 728 trips will have been taken on April 1, 2009. Therefore, in accordance with the regulations at § 648.59(e)(4)(ii), the Delmarva Scallop Access Area is closed to all general category scallop vessels as of 0001 hours, April 1, 2009, through February 28, 2010. Any vessel that has declared into the general category Delmarva Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area, may complete the trip. This closure is in effect for the remainder of the 2009 scallop fishing year under current regulations. dwashington3 on PROD1PC60 with RULES Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. VerDate Nov<24>2008 14:50 Apr 01, 2009 Jkt 217001 This action closes the Delmarva Scallop Access Area to all general category scallop vessels for the remainder of the 2009 fishing year. The regulations at § 648.59(e)(4)(ii) allow such action to ensure that general category scallop vessels do not take more than their allocated number of trips in the Delmarva Scallop Access Area. The Delamarva Scallop Access Area opened for the 2009 fishing year at 0001 hours on March 1, 2009. Data indicating the general category scallop fleet has taken all of the Delmarva Scallop Access Area trips have only recently become available. To allow general category scallop vessels to continue to take trips in the Delmarva Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would result in vessels taking much more than the allowed number of trips in the Delmarva Scallop Access Area. Excessive trips and harvest from the Delmarva Scallop Access Area would result in excessive fishing effort in the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Delmarva Scallop Access Area, where effort controls are critical, thereby undermining conservation objectives of the FMP. Should excessive effort occur in the Delmarva Scallop Access Area, future management measures would need to be more restrictive. Based on the above, under 5 U.S.C. 553(d)(3), proposed rulemaking is waived because it would be impracticable and contrary to the public interest to allow a period for public comment. Furthermore, for the same reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for this action. Authority: 16 U.S.C. 1801 et seq. Dated: March 30, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–7460 Filed 3–30–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\02APR1.SGM 02APR1

Agencies

[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Rules and Regulations]
[Pages 14933-14934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7460]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.070817467-8554-02]
RIN 0648-XN68


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic Sea 
Scallop Fishery; Closure of the Delmarva Scallop Access Area to General 
Category Scallop Vessels

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the Delmarva Scallop Access Area will 
close to general category scallop vessels for the remainder of the 2009 
fishing year. This action is based on the determination that 728 
general category scallop trips into the Delmarva Access Area are 
projected to be taken as of 0001, April 1, 2009. This action is being 
taken to prevent the allocation of general category trips in the 
Delmarva Scallop Access Area from being exceeded during the 2009 
fishing year, in accordance with the regulations implementing Framework 
19 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the 
Magnuson-Stevens Fishery Conservation and Management Act.

DATES: Effective 0001 hours, April 1, 2009, through February 28, 2010.

FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management 
Specialist, (978) 281-9221, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in 
the Sea Scallop Access Areas are found at Sec. Sec.  648.59 and 648.60. 
Regulations specifically governing general category scallop vessel 
operations in the Delmarva Scallop Access Area are specified at Sec.  
648.59(e)(4)(ii). These regulations authorize vessels issued a valid 
general category scallop permit to fish in the Delmarva Scallop Access 
Area under specific conditions, including a total of 728 trips that may 
be taken by general category vessels during the 2009 fishing year. The 
regulations at Sec.  648.59(e)(4)(ii) require the Delmarva Scallop 
Access Area to be closed to general category scallop vessels once the 
Northeast Regional Administrator has determined that the

[[Page 14934]]

allowed number of trips are projected to be taken.
    Based on trip declarations by general category scallop vessels 
fishing in the Delmarva Scallop Access Area, and analysis of fishing 
effort, a projection concluded that 728 trips will have been taken on 
April 1, 2009. Therefore, in accordance with the regulations at Sec.  
648.59(e)(4)(ii), the Delmarva Scallop Access Area is closed to all 
general category scallop vessels as of 0001 hours, April 1, 2009, 
through February 28, 2010. Any vessel that has declared into the 
general category Delmarva Access Area scallop fishery, complied with 
all trip notification and observer requirements, and crossed the VMS 
demarcation line on the way to the area, may complete the trip. This 
closure is in effect for the remainder of the 2009 scallop fishing year 
under current regulations.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    This action closes the Delmarva Scallop Access Area to all general 
category scallop vessels for the remainder of the 2009 fishing year. 
The regulations at Sec.  648.59(e)(4)(ii) allow such action to ensure 
that general category scallop vessels do not take more than their 
allocated number of trips in the Delmarva Scallop Access Area. The 
Delamarva Scallop Access Area opened for the 2009 fishing year at 0001 
hours on March 1, 2009. Data indicating the general category scallop 
fleet has taken all of the Delmarva Scallop Access Area trips have only 
recently become available. To allow general category scallop vessels to 
continue to take trips in the Delmarva Scallop Access Area during the 
period necessary to publish and receive comments on a proposed rule 
would result in vessels taking much more than the allowed number of 
trips in the Delmarva Scallop Access Area. Excessive trips and harvest 
from the Delmarva Scallop Access Area would result in excessive fishing 
effort in the Delmarva Scallop Access Area, where effort controls are 
critical, thereby undermining conservation objectives of the FMP. 
Should excessive effort occur in the Delmarva Scallop Access Area, 
future management measures would need to be more restrictive. Based on 
the above, under 5 U.S.C. 553(d)(3), proposed rulemaking is waived 
because it would be impracticable and contrary to the public interest 
to allow a period for public comment. Furthermore, for the same 
reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delayed effectiveness period for this action.

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

    Dated: March 30, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-7460 Filed 3-30-09; 4:15 pm]
BILLING CODE 3510-22-S