Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 46021-46022 [E9-21530]

Download as PDF Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR Part 73 as follows: ■ PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Idaho is amended by adding DTV channel 9 and removing DTV channel 28 at Boise. ■ Federal Communications Commission. Clay C. Pendarvis Associate Chief, Video Division, Media Bureau. [FR Doc. E9–21597 Filed 9–4–09; 8:45 am] education, research, safety standards and enforcement activity. This final rule, which amends NHTSA’s regulation specifying the order of succession to the Administrator, is a matter relating to agency management or personnel. We have determined at this time that a change in the order of succession better serves the public interest and the agency’s mission. The Senior Associate Administrator for Vehicle Safety is responsible for overseeing all of NHTSA’s rulemaking, enforcement, and research programs, as well as NHTSA’s National Center for Analysis. Notice and the opportunity for comment are not required under the Administrative Procedure Act, and the amendment is effective immediately upon publication in the Federal Register. 5 U.S.C. 553(a)(2). In addition, this amendment is not subject to Executive Order 12866, the Department of Transportation’s regulatory policies and procedures, or the provisions for Congressional review of final rules in Chapter 8 of Title 5, United States Code. List of Subjects in 49 CFR Part 501 Authority delegations (Government agencies), Organization and functions (Government agencies). ■ In consideration of the foregoing, 49 CFR Part 501 is amended as follows: BILLING CODE 6712–01–P PART 501—[AMENDED] DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Authority: 49 U.S.C. 105 and 322; delegation of authority at 49 CFR 1.50. 2. In § 501.4 revise paragraph (a) to read as follows: ■ 49 CFR Part 501 [Docket No. NHTSA–2009–0121] § 501.4 RIN 2127–AK59 Succession to the Administrator CPrice-Sewell on DSKGBLS3C1PROD with RULES AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This document amends NHTSA’s regulation specifying the order of succession to the Administrator. We have determined at the present time that a change in the order of succession better serves the agency’s mission. DATES: Effective Date: This rule is effective on September 8, 2009. FOR FURTHER INFORMATION CONTACT: You may contact Maria Arsenlis at 202–366– 9153. SUPPLEMENTARY INFORMATION: The mission of NHTSA is to save lives, prevent injuries and reduce economic costs due to road traffic crashes, through VerDate Nov<24>2008 14:52 Sep 04, 2009 1. The authority citation for Part 501 continues to read as follows: ■ Jkt 217001 Succession to the Administrator. (a) The following officials, in the order indicated, shall act in accordance with the requirements of 5 U.S.C. 3346– 3349 as Administrator of the National Highway Traffic Safety Administration, in the case of the absence or disability or in the case of a vacancy in the office of the Administrator, until a successor is appointed: (1) Deputy Administrator; (2) Senior Associate Administrator for Vehicle Safety; (3) Chief Counsel; (4) Senior Associate Administrator for Traffic Injury Control; and (5) Senior Associate Administrator for Policy and Operations. * * * * * Issued in Washington, DC, on July 24, 2009. John D. Porcari, Deputy Secretary. [FR Doc. E9–20695 Filed 9–4–09; 8:45 am] BILLING CODE 4910–59–P PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 46021 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0810141351–9087–02] RIN 0648–XR43 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. 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 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.), September 3, 2009, through 1200 hrs, A.l.t., September 10, 2009. Comments must be received at the following address no later than 4:30 p.m., A.l.t., September 17, 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–XR43, 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. • 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 E:\FR\FM\08SER1.SGM 08SER1 46022 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations CPrice-Sewell on DSKGBLS3C1PROD with RULES 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 September 1, 2009. NMFS has determined that approximately 476 mt of the 2009 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 VerDate Nov<24>2008 14:52 Sep 04, 2009 Jkt 217001 utilize the 2009 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 effective 1200 hrs, A.l.t., September 3, 2009. Pursuant to § 679.25(b), the Regional Administrator considered the following factors in reaching this decision: (1) the catch per unit of effort and the rate of harvest and, (2) the economic impacts on fishing businesses affected in the BSAI trawl limited access sector. 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 September 1, 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 § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until September 17, 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: September 2, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–21530 Filed 9–2–09; 4:15 am] BILLING CODE 3510–22–S E:\FR\FM\08SER1.SGM 08SER1

Agencies

[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 46021-46022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21530]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0810141351-9087-02]
RIN 0648-XR43


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 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.), September 3, 
2009, through 1200 hrs, A.l.t., September 10, 2009. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 17, 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-
XR43, 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.
     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

[[Page 46022]]

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 September 1, 2009.
    NMFS has determined that approximately 476 mt of the 2009 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 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 
effective 1200 hrs, A.l.t., September 3, 2009. Pursuant to Sec.  
679.25(b), the Regional Administrator considered the following factors 
in reaching this decision: (1) the catch per unit of effort and the 
rate of harvest and, (2) the economic impacts on fishing businesses 
affected in the BSAI trawl limited access sector.

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 September 1, 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 September 17, 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: September 2, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-21530 Filed 9-2-09; 4:15 am]
BILLING CODE 3510-22-S
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