Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #4, #5, #6, and #7, 57425-57426 [E9-26846]
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Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Rules and Regulations
srobinson on DSKHWCL6B1PROD with RULES
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making today’s technical
amendment final without prior proposal
and opportunity for comment, because
this rule does not impose any new
requirements. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
IV. Do Any of the Statutory and
Executive Order Reviews Apply to this
Action?
This rule does not impose any new
requirements. As such, the Agency has
determined that this rule will not have
any adverse impacts, economic or
otherwise.
The Office of Management and Budget
(OMB) has exempted these types of
regulatory actions from review under
Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993). This rule does
not contain any information collections
subject to approval under the Paperwork
Reduction Act (PRA), (44 U.S.C. 3501 et
seq.). The Agency certifies pursuant to
section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), that this rule will not have a
significant economic impact on a
substantial number of small entities.
For the same reasons, this action does
not require any action under Title II of
the Unfunded Mandates Reform Act of
1995 (UMRA) (Public Law 104–4). This
rule has neither Federalism
implications, because it will not have
substantial direct effects on States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999)., nor tribal implications, because
it will not have substantial direct effects
on one or more Indian Tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000).
This action is not subject to Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997), because this is not an
economically significant regulatory
action as defined under Executive Order
VerDate Nov<24>2008
16:06 Nov 05, 2009
Jkt 220001
12866, and it does not address
environmental health or safety risks
disproportionately affecting children. It
is not subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), because this action is not
expected to affect energy supply,
distribution, or use. Because this action
does not involve any technical
standards, section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113 section 12(d) (15 U.S.C. 272 note),
does not apply to this action. This
action does not involve special
considerations of environmental justice
related issues as required by Executive
Order 12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: October 26, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention
and Toxics.
Therefore, 40 CFR part 721 is
amended as follows:
■
PART 721—[AMENDED]
1. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
2. In § 721.10095, by amending
paragraph (a)(2)(ii) to read as follows:
■
§ 721.10095 Oxetane, 3.3′[oxybis(methylene)] bis[3-ethyl-.
(a) * * *
(2) * * *
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57425
(ii) Hazard communication program.
Requirements as specified in § 721.72
(a), (b), (c), (d), (e), (f), (g)(1)(iv),
(g)(1)(vi), and (g)(2)(v).
*
*
*
*
*
[FR Doc. E9–26824 Filed 11–5–09; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 090324366–9371–01]
RIN 0648–XR27
Fisheries Off West Coast States;
Modifications of the West Coast
Commercial and Recreational Salmon
Fisheries; Inseason Actions #4, #5, #6,
and #7
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons,
gear restrictions, and landing and
possession limits; request for comments.
SUMMARY: NOAA Fisheries announces
four inseason actions in the ocean
salmon fisheries. Inseason actions #4,
#6, and #7 modified the recreational
fishery in the area from the U.S./Canada
Border to Cape Falcon, Oregon. Inseason
action #5 modified the commercial
fishery in the area from the U.S./Canada
Border to Cape Falcon, Oregon.
DATES: Inseason actions #4 and #5 were
effective on August 1, 2009, and remain
in effect until the closing date or
attainment of the subarea quotas,
whichever was first, as announced in
the 2009 annual management measures
or through additional inseason action.
Inseason action #6 was effective on
August 14, 2009, and remains in effect
until the closing date or attainment of
the subarea quotas, whichever was first,
as announced in the 2009 annual
management measures or through
additional inseason action. Inseason
action #7 was effective on August 21,
2009, and remains in effect until the
closing date or attainment of the subarea
quotas, whichever was first, as
announced in the 2009 annual
management measures or through
additional inseason action. Comments
will be accepted through November 23,
2009.
ADDRESSES: You may submit comments,
identified by 0648–XR27, by any one of
the following methods:
E:\FR\FM\06NOR1.SGM
06NOR1
57426
Federal Register / Vol. 74, No. 214 / Friday, November 6, 2009 / Rules and Regulations
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• Fax: 206–526–6736, Attn: Peggy
Busby
• Mail: 7600 Sand Point Way NE,
Building 1, Seattle, WA 98115
Instructions: 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 (for
example, name, address, etc.)
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). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Peggy Busby, by phone at 206–526–
4323.
In the
2009 annual management measures for
ocean salmon fisheries (74 FR 20610,
May 5, 2009), NMFS announced the
commercial and recreational fisheries in
the area from the U.S./Canada Border to
the U.S./Mexico Border, beginning May
1, 2009.
The Regional Administrator (RA)
consulted with representatives of the
Pacific Fishery Management Council,
Washington Department of Fish and
Wildlife and Oregon Department of Fish
and Wildlife on July 31, August 14, and
August 20, 2009. The information
considered related to catch to date and
Chinook and coho catch rates compared
to quotas and other management
measures established preseason.
Inseason action #4 increased the
recreational daily catch limit for
Chinook salmon in the area from the
U.S./Canada Border to Cape Falcon,
Oregon from 1 to 2 Chinook salmon.
This action was taken to provide greater
access to Chinook salmon that were
available for harvest within the
guideline established preseason. On July
31, 2009, the states recommended this
action and the RA concurred; inseason
action #4 took effect on August 1, 2009,
until it is modified by any subsequent
inseason actions. Modification in quota
and/or fishing seasons is authorized by
regulations at 50 CFR 660.409 (b)(1)(i) .
Inseason action #5 modified the
commercial quota for Chinook salmon
in the area from the U.S./Canada Border
to Cape Falcon, Oregon by rolling over
srobinson on DSKHWCL6B1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
16:06 Nov 05, 2009
Jkt 220001
2,500 in unharvested Chinook salmon
quota from the May/June fishery and
adding it to the guideline for the July/
September fishery, raising the July/
September guideline from 6,765 to 9,665
Chinook salmon. This action was taken
to provide greater access to harvestable
Chinook salmon. On July 31, 2009 the
states recommended this action and the
RA concurred; inseason action #5 took
effect on August 1, 2009, until it is
modified by any subsequent inseason
actions. Modification in quota and/or
fishing seasons is authorized by
regulations at 50 CFR 660.409 (b) (1) (i).
Inseason action #6 modified the
recreational quota in the area from the
U.S./Canada Border to Cape Falcon,
Oregon by transferring quota among
subareas; 2,500 coho were transferred
from the quotas of each of the Neah Bay
subarea (U.S./Canada Border to Cape
Alava, Washington) and the Westport
subarea (Queets River, Washington to
Leadbetter Point, Washington) to the
quota for the LaPush subarea (Cape
Alava, Washington to Queets River,
Washington). This action was taken to
distribute remaining quota among the
subareas to allow fishing to continue in
the LaPush subarea. On August 13, the
states recommended this action and the
RA concurred; inseason action #6 took
effect on August 14, 2009, until it is
modified by any subsequent inseason
actions. Modification in quota and/or
fishing seasons is authorized by
regulations at 50 CFR 660.409 (b) (1) (i).
Inseason action #7 modified the
recreational quota in the area from the
U.S./Canada Border to Cape Falcon,
Oregon by transferring quota between
subareas; 8,750 coho were transferred
from the quota of the Westport subarea
(Queets River, Washington to Leadbetter
Point, Washington); the Columbia River
subarea (Leadbetter Point, Washington
to Cape Falcon, Oregon) received an
impact neutral quota increase of 8,300
coho. This action was taken to distribute
remaining quota between subareas to
allow fishing to continue in the
Columbia River subarea. On August 20,
2009, the states recommended this
action and the RA concurred; inseason
action #7 took effect on August 21,
2009, until it is modified by any
subsequent inseason actions.
Modification in quota and/or fishing
seasons is authorized by regulations at
50 CFR 660.409 (b)(1)(i).
All other restrictions and regulations
remain in effect as announced for the
2009 Ocean Salmon Fisheries and
previous inseason actions.
The RA determined that the best
available information indicated that the
catch and effort data, and projections,
supported the above inseason actions
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
recommended by the states. The states
manage the fisheries in state waters
adjacent to the areas of the U.S.
exclusive economic zone in accordance
with these Federal actions. As provided
by the inseason notice procedures of 50
CFR 660.411, actual notice of the
described regulatory actions was given,
prior to the date the action was
effective, by telephone hotline number
206–526–6667 and 800–662–9825, and
by U.S. Coast Guard Notice to Mariners
broadcasts on Channel 16 VHF-FM and
2182 kHz. These actions do not apply to
other fisheries that may be operating in
other areas.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA), finds that good
cause exists for this notification to be
issued without affording prior notice
and opportunity for public comment
under 5 U.S.C. 553(b)(B) because such
notification would be impracticable. As
previously noted, actual notice of the
regulatory actions was provided to
fishers through telephone hotline and
radio notification. These actions comply
with the requirements of the annual
management measures for ocean salmon
fisheries (73 FR 23971, May 1, 2008; 74
FR 20610, May 5, 2009), the West Coast
Salmon Plan, and regulations
implementing the West Coast Salmon
Plan 50 CFR 660.409 and 660.411. Prior
notice and opportunity for public
comment was impracticable because
NMFS and the state agencies had
insufficient time to provide for prior
notice and the opportunity for public
comment between the time the fishery
catch and effort data were collected to
determine the extent of the fisheries,
and the time the fishery modifications
had to be implemented in order to allow
fishers access to the available fish at the
time the fish were available. The AA
also finds good cause to waive the 30–
day delay in effectiveness required
under U.S.C. 553(d)(3), as a delay in
effectiveness of these actions would
allow fishing at levels inconsistent with
the goals of the Salmon Fishery
Management Plan and the current
management measures.
These actions are authorized by 50
CFR 660.409 and 660.411 and are
exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–26846 Filed 11–5–09; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Rules and Regulations]
[Pages 57425-57426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26846]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 090324366-9371-01]
RIN 0648-XR27
Fisheries Off West Coast States; Modifications of the West Coast
Commercial and Recreational Salmon Fisheries; Inseason Actions
4, 5, 6, and 7
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Modification of fishing seasons, gear restrictions, and
landing and possession limits; request for comments.
-----------------------------------------------------------------------
SUMMARY: NOAA Fisheries announces four inseason actions in the ocean
salmon fisheries. Inseason actions 4, 6, and
7 modified the recreational fishery in the area from the U.S./
Canada Border to Cape Falcon, Oregon. Inseason action 5
modified the commercial fishery in the area from the U.S./Canada Border
to Cape Falcon, Oregon.
DATES: Inseason actions 4 and 5 were effective on
August 1, 2009, and remain in effect until the closing date or
attainment of the subarea quotas, whichever was first, as announced in
the 2009 annual management measures or through additional inseason
action. Inseason action 6 was effective on August 14, 2009,
and remains in effect until the closing date or attainment of the
subarea quotas, whichever was first, as announced in the 2009 annual
management measures or through additional inseason action. Inseason
action 7 was effective on August 21, 2009, and remains in
effect until the closing date or attainment of the subarea quotas,
whichever was first, as announced in the 2009 annual management
measures or through additional inseason action. Comments will be
accepted through November 23, 2009.
ADDRESSES: You may submit comments, identified by 0648-XR27, by any
one of the following methods:
[[Page 57426]]
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov
Fax: 206-526-6736, Attn: Peggy Busby
Mail: 7600 Sand Point Way NE, Building 1, Seattle, WA
98115
Instructions: 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 (for example, name,
address, etc.) 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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Peggy Busby, by phone at 206-526-
4323.
SUPPLEMENTARY INFORMATION: In the 2009 annual management measures for
ocean salmon fisheries (74 FR 20610, May 5, 2009), NMFS announced the
commercial and recreational fisheries in the area from the U.S./Canada
Border to the U.S./Mexico Border, beginning May 1, 2009.
The Regional Administrator (RA) consulted with representatives of
the Pacific Fishery Management Council, Washington Department of Fish
and Wildlife and Oregon Department of Fish and Wildlife on July 31,
August 14, and August 20, 2009. The information considered related to
catch to date and Chinook and coho catch rates compared to quotas and
other management measures established preseason.
Inseason action 4 increased the recreational daily catch
limit for Chinook salmon in the area from the U.S./Canada Border to
Cape Falcon, Oregon from 1 to 2 Chinook salmon. This action was taken
to provide greater access to Chinook salmon that were available for
harvest within the guideline established preseason. On July 31, 2009,
the states recommended this action and the RA concurred; inseason
action 4 took effect on August 1, 2009, until it is modified
by any subsequent inseason actions. Modification in quota and/or
fishing seasons is authorized by regulations at 50 CFR 660.409
(b)(1)(i) .
Inseason action 5 modified the commercial quota for
Chinook salmon in the area from the U.S./Canada Border to Cape Falcon,
Oregon by rolling over 2,500 in unharvested Chinook salmon quota from
the May/June fishery and adding it to the guideline for the July/
September fishery, raising the July/September guideline from 6,765 to
9,665 Chinook salmon. This action was taken to provide greater access
to harvestable Chinook salmon. On July 31, 2009 the states recommended
this action and the RA concurred; inseason action 5 took
effect on August 1, 2009, until it is modified by any subsequent
inseason actions. Modification in quota and/or fishing seasons is
authorized by regulations at 50 CFR 660.409 (b) (1) (i).
Inseason action 6 modified the recreational quota in the
area from the U.S./Canada Border to Cape Falcon, Oregon by transferring
quota among subareas; 2,500 coho were transferred from the quotas of
each of the Neah Bay subarea (U.S./Canada Border to Cape Alava,
Washington) and the Westport subarea (Queets River, Washington to
Leadbetter Point, Washington) to the quota for the LaPush subarea (Cape
Alava, Washington to Queets River, Washington). This action was taken
to distribute remaining quota among the subareas to allow fishing to
continue in the LaPush subarea. On August 13, the states recommended
this action and the RA concurred; inseason action 6 took
effect on August 14, 2009, until it is modified by any subsequent
inseason actions. Modification in quota and/or fishing seasons is
authorized by regulations at 50 CFR 660.409 (b) (1) (i).
Inseason action 7 modified the recreational quota in the
area from the U.S./Canada Border to Cape Falcon, Oregon by transferring
quota between subareas; 8,750 coho were transferred from the quota of
the Westport subarea (Queets River, Washington to Leadbetter Point,
Washington); the Columbia River subarea (Leadbetter Point, Washington
to Cape Falcon, Oregon) received an impact neutral quota increase of
8,300 coho. This action was taken to distribute remaining quota between
subareas to allow fishing to continue in the Columbia River subarea. On
August 20, 2009, the states recommended this action and the RA
concurred; inseason action 7 took effect on August 21, 2009,
until it is modified by any subsequent inseason actions. Modification
in quota and/or fishing seasons is authorized by regulations at 50 CFR
660.409 (b)(1)(i).
All other restrictions and regulations remain in effect as
announced for the 2009 Ocean Salmon Fisheries and previous inseason
actions.
The RA determined that the best available information indicated
that the catch and effort data, and projections, supported the above
inseason actions recommended by the states. The states manage the
fisheries in state waters adjacent to the areas of the U.S. exclusive
economic zone in accordance with these Federal actions. As provided by
the inseason notice procedures of 50 CFR 660.411, actual notice of the
described regulatory actions was given, prior to the date the action
was effective, by telephone hotline number 206-526-6667 and 800-662-
9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel
16 VHF-FM and 2182 kHz. These actions do not apply to other fisheries
that may be operating in other areas.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), finds that
good cause exists for this notification to be issued without affording
prior notice and opportunity for public comment under 5 U.S.C.
553(b)(B) because such notification would be impracticable. As
previously noted, actual notice of the regulatory actions was provided
to fishers through telephone hotline and radio notification. These
actions comply with the requirements of the annual management measures
for ocean salmon fisheries (73 FR 23971, May 1, 2008; 74 FR 20610, May
5, 2009), the West Coast Salmon Plan, and regulations implementing the
West Coast Salmon Plan 50 CFR 660.409 and 660.411. Prior notice and
opportunity for public comment was impracticable because NMFS and the
state agencies had insufficient time to provide for prior notice and
the opportunity for public comment between the time the fishery catch
and effort data were collected to determine the extent of the
fisheries, and the time the fishery modifications had to be implemented
in order to allow fishers access to the available fish at the time the
fish were available. The AA also finds good cause to waive the 30-day
delay in effectiveness required under U.S.C. 553(d)(3), as a delay in
effectiveness of these actions would allow fishing at levels
inconsistent with the goals of the Salmon Fishery Management Plan and
the current management measures.
These actions are authorized by 50 CFR 660.409 and 660.411 and are
exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-26846 Filed 11-5-09; 8:45 am]
BILLING CODE 3510-22-S
