Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Closure of the Primary Pacific Whiting Season for the Shore-Based Sector, 37176-37177 [E9-17930]
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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
(g) Any action(s) taken by the contractor,
in response to any direction given by any
person acting on behalf of the government or
any government official other than the
contracting officer or the contracting officer
technical representative, shall be at the
contractor’s risk.
(End of clause)
[FR Doc. E9–17938 Filed 7–27–09; 8:45 am]
BILLING CODE 6560–50–P
35135, in the third column, S4.2.2.3 is
corrected to read as follows:
S4.2.2.3 This S4.2.2 applies to
vehicles manufactured on or after
September 1, 2010.
Issued: July 23, 2009.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E9–17918 Filed 7–27–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF COMMERCE
National Highway Traffic Safety
Administration
National Oceanic and Atmospheric
Administration
49 CFR Part 571
50 CFR Part 660
[Docket No. NHTSA–2009–0116]
[Docket No. 090428799–9802–01]
RIN 2127–AK35
RIN 0648–XQ39
Federal Motor Vehicle Safety
Standards; Door Locks and Door
Retention Components, Correction
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Closure of the Primary Pacific Whiting
Season for the Shore-Based Sector
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; correction.
SUMMARY: NHTSA published in the
Federal Register of July 20, 2009, a
document delaying the compliance date
of the sliding door provisions of a
February 6, 2007 final rule. The
regulatory text adopted by that
document contained errors. This
document corrects those errors.
DATES: Effective on September 1, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Sarah Alves, NHTSA Office of the Chief
Counsel, DOT, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
telephone (202) 366–2992, fax (202)
366–3820.
SUPPLEMENTARY INFORMATION:
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Background
NHTSA published in the Federal
Register of July 20, 2009 (74 FR 35131),
a document delaying the compliance
date of the sliding door provisions of a
February 6, 2007 final rule (FR Doc. E9–
17078). In the regulatory text adopted by
that document, in S4.2.2.3, a statement
erroneously reads: ‘‘This S4.2.2.3
applies to vehicle manufactured on or
after September 1, 2010.’’ The statement
should read: ‘‘This S4.2.2 applies to
vehicles manufactured on or after
September 1, 2010.’’ This document
corrects that error.
Correction of Publication
In rule FR Doc. E9–17078 published
on July 20, 2009 (74 FR 35131), make
the following correction. On page
VerDate Nov<24>2008
14:14 Jul 27, 2009
Jkt 217001
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Fishing closure restrictions.
SUMMARY: NMFS announces the closure
of the primary season for the Pacific
whiting fishery for the shore-based
sector at 10 a.m. local time (l.t.) July 7,
2009. This action is authorized by
regulations implementing the Pacific
Coast Groundfish Fishery Management
Plan (FMP), which governs the
groundfish fishery off Washington,
Oregon, and California. This action is
intended to keep the harvest of Pacific
whiting at the 2009 allocation levels.
DATES: Effective from 10 a.m. l.t. July 7,
2009, until the start of the 2010 primary
season for the shore-based sector, unless
modified, superseded or rescinded by
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Becky Renko at 206–526–6110.
SUPPLEMENTARY INFORMATION: This
action is authorized by regulations
implementing the Pacific Coast
Groundfish Fishery Management Plan
(FMP), which governs the groundfish
fishery off Washington, Oregon, and
California. Regulations at 50 CFR
660.323(a) established separate
allocations for the catcher/processor,
mothership, and shore-based sectors of
the Pacific whiting fishery. The 2009
Optimum Yield (OY) for Pacific whiting
is 135,939 mt. The 2009 commercial OY
is 81,939 mt. The commercial OY is
calculated by deducting the 50,000–mt
tribal set-aside and 4,000–mt for
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Fmt 4700
Sfmt 4700
research catch and bycatch in nongroundfish fisheries from the 135,939
mt total catch OY. Each sector receives
a portion of the commercial OY, with
the catcher/processors getting 34
percent (27,859 mt), motherships getting
24 percent (19,665 mt), and the shorebased sector getting 42 percent (34,414
mt). When each sector’s allocation is
reached, the primary season for that
sector is ended.
If the Regional Administrator
determines that a portion of the tribal
set aside or another sector’s allocation
will not be used during the year,
regulations at 50 CFR 660.323(c) allow
the Regional Administrator to
reapportion that Pacific whiting to other
sectors in proportion to their initial
allocations. At the Pacific Fishery
Management Council’s March 2009
meeting, the Makah Tribal
representatives stated their intent to
harvest only 23,789 mt of their 42,000
mt set aside and asked that the
remaining 18,211 mt be reapportioned
to the non-tribal sectors of the fishery.
Therefore, the shore-based sector
received an additional 7,649 mt,
resulting in a harvest guideline of
42,063 mt.
The shore-based sector is composed of
vessels that harvest Pacific whiting for
delivery to land-based processors. The
primary season for the shore-based
sector is the period or periods when the
large-scale target fishery is conducted,
and when ‘‘per trip’’ limits are not in
effect for vessels targeting Pacific
whiting with mid-water gear.
The best available information on July
6, 2009 indicated that 32,933 mt of
Pacific whiting had been taken through
July 3, 2009, and the 42,063 mt
allocation for the shore-based sector
would be reached by 10 a.m. on July 7,
2009. This Federal Register notice
announces the date that the primary
season for the shore-based sector was
ended. Regulations at 50 CFR
660.323(b)(4) allow this action to be
taken. To prevent an allocation from
being exceeded, regulations at 50 CFR
660.323(e) allow closure of the
commercial Pacific whiting fisheries by
actual notice to the fishery participants.
Actual notice includes e-mail, internet,
phone, fax, letter or press release. NMFS
provided actual notice by e-mail and fax
on July 6, 2009.
NMFS Action
This document announces
achievement of the shore-based sector
allocation specified at 50 CFR
660.323(a) and in the final rule
published on May 5, 2009 (74 FR
20620). The best available information
on July 6, 2009, indicated that 32,933 mt
E:\FR\FM\28JYR1.SGM
28JYR1
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations
of Pacific whiting had been taken
through July 3, 2009 and that the shorebased allocation would be reached by 10
a.m. on July 7, 2009. For the reasons
stated here and in accordance with the
regulations at 50 CFR 660.323(b)(4),
NMFS herein announces: Effective 10
a.m. July 7, 2009 the Pacific whiting
shoreside fishery was closed.
DEPARTMENT OF COMMERCE
Classification
Fisheries Off West Coast States;
Highly Migratory Species Fisheries
This action is authorized by the
regulations implementing the
groundfish FMP. The determination to
take this action was based on the most
recent data available. The aggregate data
upon which the determinations were
based are available for public inspection
at the office of the Regional
Administrator (see ADDRESSES) during
business hours.
The Assistant Administrator for
Fisheries (AA), NMFS, finds good cause
to waive the requirement to provide
prior notice and opportunity for
comment on this action pursuant to 5
U.S.C. 553(3)(b)(B), because providing
prior notice and opportunity would be
impracticable. It would be impracticable
because if this restriction were delayed
in order to provide notice and comment,
it would allow the allocation for the
shore-based sector to be exceeded,
which would either reduce the amount
available to the catcher/processor sector
or cause the OY to be exceeded.
A delay to provide a cooling off
period also would be expected to cause
the fishery to exceed its allocation.
Therefore, good cause also exists to
waive the 30-day delay in effectiveness
requirement of 5 U.S.C. 553(d)(3).
This action is taken under the
authority of 50 CFR 660.323(b)(4), and
is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–17930 Filed 7–27–09; 8:45 am]
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BILLING CODE 3510–22–S
VerDate Nov<24>2008
14:14 Jul 27, 2009
Jkt 217001
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket NO. 080226308–9700–02]
RIN 0648–AW50
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues a final rule to
initiate collection of a permit fee for
vessel owners participating in
commercial and charter recreational
fishing for highly migratory species
(HMS) in the Exclusive Economic Zone
(EEZ) off the West Coast of California,
Oregon, and Washington. The HMS
permits are issued under implementing
regulations for the Fishery Management
Plan for U.S. West Coast Fisheries for
Highly Migratory Species (HMS FMP).
DATES: This final rule is effective August
27, 2009.
ADDRESSES: Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802 4213.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Southwest
Region and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Chris Fanning, Permits Coordinator,
Sustainable Fisheries Division, NMFS,
562–980–4198.
SUPPLEMENTARY INFORMATION: On April
7, 2004, NMFS published a final rule to
implement the HMS FMP (69 FR 18444)
that included mandatory permit
requirements at 50 CFR 660.707. The
HMS FMP permit requirements
included authority to collect permit fees
which NMFS opted not to exercise at
that time. NMFS is now exercising the
option to charge an administrative fee
for the recovery of HMS permit
processing and issuance expenses as
authorized under Section 303(b)(1) of
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), 16 U.S.C. 1853(b)(1). Section
304(d) of the MSA specifies that such
fees may not exceed the administrative
costs of issuing the permits. This final
SUMMARY:
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37177
rule specifies that an application for an
HMS permit, including the renewal of
an existing permit, must include a fee
payable by the vessel owner. The
amount of the fee will be determined in
accordance with the NOAA Finance
Handbook available at (https://
www.corporateservices.noaa.gov/
∼finance/FinanceHandbook.htm) and
specified on the application form. At
this time, the fee amount is expected to
be approximately $30. The proposed
rule to require a permit fee was
published in the Federal Register on
December 19, 2008 (73 FR 77589),
soliciting public comment through
January 20, 2009.
Comments and Responses
NMFS did not receive any public
comment on the proposed rule.
Classification
The Administrator, Southwest Region,
NMFS, determined that this regulation
is necessary for the conservation and
management of the U.S. West Coast
Fisheries for Highly Migratory Species
and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This final rule has been determined to
be significant for purposes of Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA)
which has been approved by OMB as an
amendment to OMB Control No. 0648–
0204. Public reporting burden for the
payment of HMS permit fees is
estimated to average 5 minutes or less
per response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
information. Send comments regarding
this burden estimate, or any other aspect
of this data collection, including
suggestions for reducing the burden, to
NMFS (see ADDRESSES) and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285. Notwithstanding any
E:\FR\FM\28JYR1.SGM
28JYR1
]]>Agencies
[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37176-37177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17930]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 090428799-9802-01]
RIN 0648-XQ39
Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Closure of the Primary Pacific Whiting Season for the Shore-
Based Sector
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishing closure restrictions.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the closure of the primary season for the
Pacific whiting fishery for the shore-based sector at 10 a.m. local
time (l.t.) July 7, 2009. This action is authorized by regulations
implementing the Pacific Coast Groundfish Fishery Management Plan
(FMP), which governs the groundfish fishery off Washington, Oregon, and
California. This action is intended to keep the harvest of Pacific
whiting at the 2009 allocation levels.
DATES: Effective from 10 a.m. l.t. July 7, 2009, until the start of the
2010 primary season for the shore-based sector, unless modified,
superseded or rescinded by notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Becky Renko at 206-526-6110.
SUPPLEMENTARY INFORMATION: This action is authorized by regulations
implementing the Pacific Coast Groundfish Fishery Management Plan
(FMP), which governs the groundfish fishery off Washington, Oregon, and
California. Regulations at 50 CFR 660.323(a) established separate
allocations for the catcher/processor, mothership, and shore-based
sectors of the Pacific whiting fishery. The 2009 Optimum Yield (OY) for
Pacific whiting is 135,939 mt. The 2009 commercial OY is 81,939 mt. The
commercial OY is calculated by deducting the 50,000-mt tribal set-aside
and 4,000-mt for research catch and bycatch in non-groundfish fisheries
from the 135,939 mt total catch OY. Each sector receives a portion of
the commercial OY, with the catcher/processors getting 34 percent
(27,859 mt), motherships getting 24 percent (19,665 mt), and the shore-
based sector getting 42 percent (34,414 mt). When each sector's
allocation is reached, the primary season for that sector is ended.
If the Regional Administrator determines that a portion of the
tribal set aside or another sector's allocation will not be used during
the year, regulations at 50 CFR 660.323(c) allow the Regional
Administrator to reapportion that Pacific whiting to other sectors in
proportion to their initial allocations. At the Pacific Fishery
Management Council's March 2009 meeting, the Makah Tribal
representatives stated their intent to harvest only 23,789 mt of their
42,000 mt set aside and asked that the remaining 18,211 mt be
reapportioned to the non-tribal sectors of the fishery. Therefore, the
shore-based sector received an additional 7,649 mt, resulting in a
harvest guideline of 42,063 mt.
The shore-based sector is composed of vessels that harvest Pacific
whiting for delivery to land-based processors. The primary season for
the shore-based sector is the period or periods when the large-scale
target fishery is conducted, and when ``per trip'' limits are not in
effect for vessels targeting Pacific whiting with mid-water gear.
The best available information on July 6, 2009 indicated that
32,933 mt of Pacific whiting had been taken through July 3, 2009, and
the 42,063 mt allocation for the shore-based sector would be reached by
10 a.m. on July 7, 2009. This Federal Register notice announces the
date that the primary season for the shore-based sector was ended.
Regulations at 50 CFR 660.323(b)(4) allow this action to be taken. To
prevent an allocation from being exceeded, regulations at 50 CFR
660.323(e) allow closure of the commercial Pacific whiting fisheries by
actual notice to the fishery participants. Actual notice includes e-
mail, internet, phone, fax, letter or press release. NMFS provided
actual notice by e-mail and fax on July 6, 2009.
NMFS Action
This document announces achievement of the shore-based sector
allocation specified at 50 CFR 660.323(a) and in the final rule
published on May 5, 2009 (74 FR 20620). The best available information
on July 6, 2009, indicated that 32,933 mt
[[Page 37177]]
of Pacific whiting had been taken through July 3, 2009 and that the
shore-based allocation would be reached by 10 a.m. on July 7, 2009. For
the reasons stated here and in accordance with the regulations at 50
CFR 660.323(b)(4), NMFS herein announces: Effective 10 a.m. July 7,
2009 the Pacific whiting shoreside fishery was closed.
Classification
This action is authorized by the regulations implementing the
groundfish FMP. The determination to take this action was based on the
most recent data available. The aggregate data upon which the
determinations were based are available for public inspection at the
office of the Regional Administrator (see ADDRESSES) during business
hours.
The Assistant Administrator for Fisheries (AA), NMFS, finds good
cause to waive the requirement to provide prior notice and opportunity
for comment on this action pursuant to 5 U.S.C. 553(3)(b)(B), because
providing prior notice and opportunity would be impracticable. It would
be impracticable because if this restriction were delayed in order to
provide notice and comment, it would allow the allocation for the
shore-based sector to be exceeded, which would either reduce the amount
available to the catcher/processor sector or cause the OY to be
exceeded.
A delay to provide a cooling off period also would be expected to
cause the fishery to exceed its allocation. Therefore, good cause also
exists to waive the 30-day delay in effectiveness requirement of 5
U.S.C. 553(d)(3).
This action is taken under the authority of 50 CFR 660.323(b)(4),
and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 22, 2009.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-17930 Filed 7-27-09; 8:45 am]
BILLING CODE 3510-22-S
