Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 16144-16145 [E9-8007]

Download as PDF 16144 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations DOT 412 Cylindrical Cargo Tanks, may be used as guidance in performing the calculations. * * * * * ■ 13. In § 178.345–5, paragraph (f) is revised to read as follows: § 178.345–5 * * * * (f) All components mounted on a manhole cover that form part of the lading retention structure of the cargo tank wall must withstand the same static internal fluid pressure as that required for the manhole cover. The component manufacturer shall verify compliance using the same test procedure and frequency of testing as specified in § 178.345–5(b). DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] 14. The authority citation for part 180 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128; 49 CFR 1.53. 15. In § 180.407, paragraphs (d)(3) and (g)(1)(ii)(A) are revised to read as follows: ■ § 180.407 Requirements for test and inspection of specification cargo tanks. * * * * * (d) * * * (3) All reclosing pressure relief valves must be externally inspected for any corrosion or damage which might prevent safe operation. All reclosing pressure relief valves on cargo tanks carrying lading corrosive to the valve must be removed from the cargo tank for inspection and testing. Each reclosing pressure relief valve required to be removed and tested must open at no less than the required set pressure and no more than 110 percent of the required set pressure, and must reseat to a leaktight condition at no less than 90 percent of the start-to-discharge pressure or the pressure prescribed for the applicable cargo tank specification. * * * * * (g) * * * (1) * * * (ii) * * * (A) Each self-closing pressure relief valve that is an emergency relief vent must open at no less than the required set pressure and no more than 110 percent of the required set pressure, and must reseat to a leak-tight condition at no less than 90 percent of the start-todischarge pressure or the pressure prescribed for the applicable cargo tank specification. * * * * * 16:45 Apr 08, 2009 Jkt 217001 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: RIN 0648–XO12 PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS mstockstill on PROD1PC66 with RULES BILLING CODE 4910–60–P Manhole assemblies. * VerDate Nov<24>2008 Issued in Washington, DC, on April 3, 2009 under authority delegated in 49 CFR part 1. Cynthia Douglass, Acting Deputy Administrator. [FR Doc. E9–8021 Filed 4–8–09; 8:45 am] Steve Whitney, 907–586–7269. Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area SUPPLEMENTARY INFORMATION: AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. SUMMARY: NMFS is opening directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to fully use the 2009 A season total allowable catch (TAC) of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 6, 2009, through 1200 hrs, A.l.t., April 15, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., April 20, 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 0648–XO12, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http://www.regulations.gov. • 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 http://www.regulations.gov without change. All Personal Identifying PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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 the directed fishery for Atka mackerel by vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District and the Bering Sea subarea on January 20, 2009 (74 FR 5625, January 30, 2009). NMFS has determined that approximately 476 mt of the 2009 A season Atka mackerel TAC for vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District and the Bering Sea subarea remain in the directed fishing allowance. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the 2009 A season TAC of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery, NMFS is terminating the previous closure and is reopening directed fishing for Atka mackerel by vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District and the Bering Sea subarea. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached. Consequently, NMFS is prohibiting directed fishing for the 2009 A season TAC of Atka mackerel in these areas specified for vessels participating in the BSAI trawl limited access fishery effective 1200 hrs, A.l.t., April 15, 2009. E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations Classification DEPARTMENT OF COMMERCE 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 a 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 the opening of the Atka mackerel fishery in the Eastern Aleutian District and the Bering Sea subarea for vessels participating in the BSAI trawl limited access fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 2, 2009. The AA also finds good cause to waive the 30day 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 fishery for Atka mackerel fishery in the Eastern Aleutian District and the Bering Sea subarea for vessels participating in the BSAI trawl limited access fishery 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 April 20, 2009. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. National Oceanic and Atmospheric Administration Authority: 16 U.S.C. 1801 et seq. Dated: April 3, 2009. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–8007 Filed 4–3–09; 4:15 pm] mstockstill on PROD1PC66 with RULES BILLING CODE 3510–22–S VerDate Nov<24>2008 16:45 Apr 08, 2009 Jkt 217001 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XO14 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl 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; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance of the 2009 Pacific cod allowable catch (TAC) specified for trawl catcher vessels in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 5, 2009, though 1200 hrs, A.l.t., June 10, 2009. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone 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. The B season allowance of the 2009 Pacific cod TAC allocated to trawl catcher vessels in the BSAI is 3,832 metric tons (mt) as established by the final 2009 and 2010 harvest specifications for groundfish in the BSAI (74 FR 7359, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS, has determined that the B season PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 16145 allowance of the 2009 Pacific cod TAC allocated to trawl catcher vessels in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 3,782 mt, and is setting aside the remaining 50 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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 the closure of Pacific cod by trawl catcher vessels 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 April 2, 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. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 3, 2009. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–8011 Filed 4–3–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\09APR1.SGM 09APR1

Agencies

[Federal Register Volume 74, Number 67 (Thursday, April 9, 2009)]
[Rules and Regulations]
[Pages 16144-16145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8007]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XO12


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel 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; modification of a closure.

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SUMMARY: NMFS is opening directed fishing for Atka mackerel in the 
Eastern Aleutian District and the Bering Sea subarea of the Bering Sea 
and Aleutian Islands management area (BSAI) for vessels participating 
in the BSAI trawl limited access fishery. This action is necessary to 
fully use the 2009 A season total allowable catch (TAC) of Atka 
mackerel in these areas specified for vessels participating in the BSAI 
trawl limited access fishery.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 6, 2009, 
through 1200 hrs, A.l.t., April 15, 2009. Comments must be received at 
the following address no later than 4:30 p.m., A.l.t., April 20, 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 0648-
XO12, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
     Mail: P. O. Box 21668, Juneau, AK 99802.
     Fax: (907) 586-7557.
     Hand delivery to the Federal Building: 709 West 9\th\ 
Street, Room 420A, Juneau, AK.
    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 (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: Steve Whitney, 907-586-7269.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone 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 the directed fishery for Atka mackerel by vessels 
participating in the BSAI trawl limited access fishery in the Eastern 
Aleutian District and the Bering Sea subarea on January 20, 2009 (74 FR 
5625, January 30, 2009).
    NMFS has determined that approximately 476 mt of the 2009 A season 
Atka mackerel TAC for vessels participating in the BSAI trawl limited 
access fishery in the Eastern Aleutian District and the Bering Sea 
subarea remain in the directed fishing allowance. Therefore, in 
accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), and to fully utilize the 2009 A season TAC of Atka 
mackerel in these areas specified for vessels participating in the BSAI 
trawl limited access fishery, NMFS is terminating the previous closure 
and is reopening directed fishing for Atka mackerel by vessels 
participating in the BSAI trawl limited access fishery in the Eastern 
Aleutian District and the Bering Sea subarea. In accordance with Sec.  
679.20(d)(1)(iii), the Regional Administrator finds that this directed 
fishing allowance will be reached. Consequently, NMFS is prohibiting 
directed fishing for the 2009 A season TAC of Atka mackerel in these 
areas specified for vessels participating in the BSAI trawl limited 
access fishery effective 1200 hrs, A.l.t., April 15, 2009.

[[Page 16145]]

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 a 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 the opening of the Atka mackerel fishery in the Eastern 
Aleutian District and the Bering Sea subarea for vessels participating 
in the BSAI trawl limited access fishery. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of April 2, 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 fishery 
for Atka mackerel fishery in the Eastern Aleutian District and the 
Bering Sea subarea for vessels participating in the BSAI trawl limited 
access fishery 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 April 20, 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: April 3, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-8007 Filed 4-3-09; 4:15 pm]
BILLING CODE 3510-22-S