38974 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the temporary exemption from the 

requirement of a tolerance in this final 

rule, do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to 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). 

IX. 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 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 22, 2009. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1290 is added to 

subpart D to read as follows: 

§ 180.1290 Pasteuria usgae; temporary 

exemption from the requirement of a 

tolerance. 

Pasteuria usgae is temporarily exempt 

from the requirement of a tolerance 

when applied/used as a nematicide on 

strawberries in accordance with the 

terms of EUP 85004-EUP-1. This 

temporary exemption from the 

requirement of a tolerance expires and 

is revoked on December 31, 2010. 

[FR Doc. E9–18472 Filed 8–4–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 599 

[ Docket No. NHTSA–2009–0120] 

RIN 2127–AK54; Notice 1 

Requirements and Procedures for 

Consumer Assistance To Recycle and 

Save Program 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulation implementing the Consumer 

Assistance to Recycle and Save (CARS) 

Program, published on July 29, 2009 in 

the Federal Register, under the CARS 

Act (Pub. L. 111–32). The rule clarifies 

the insurance eligibility requirements 

for trade-in vehicles under the CARS 

program. The rule makes substantive 

changes and a conforming amendment 

related to the timing for disabling tradein vehicle engines. The rule also makes 

a technical amendment to the 

requirements and procedures for 

identifying salvage auctions and 

disposal facilities. Finally, we provide a 

clarification related to the insurance 

requirement under the CARS Act. 

DATES: This final rule is effective August 

5, 2009. Petitions: If you wish to petition 

for reconsideration of this rule, your 

petition must be received by September 

21, 2009. 

ADDRESSES: If you submit a petition for 

reconsideration of this rule, you should 

refer in your petition to the docket 

number of this document and submit 

your petition to: Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., West Building, 

Washington, DC 20590. 

The petition will be placed in the 

public docket. Anyone is able to search 

the electronic form of all documents 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review the complete User Notice and 

Privacy Notice for Regulations.gov at 

http://www.regulations.gov/search/ 

footer/privacyanduse.jsp. 

FOR FURTHER INFORMATION CONTACT: For 

questions, you may call David Bonelli, 

NHTSA Office of Chief Counsel, 

telephone (202) 366–5834. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the regulation 

implementing the Consumer Assistance 

to Recycle and Save (CARS) Program, 

published on July 29, 2009 (74 FR 

37878), under the CARS Act (Pub. L. 

111–32). The rule makes substantive 

changes and a conforming amendment 

related to the timing for disabling tradein vehicle engines. The rule also makes 

a technical amendment to the 

requirements and procedures for 

identifying salvage auctions and 

disposal facilities. Finally, the agency 

clarifies the application of the insurance 

requirement under the CARS Act. 

a. Engine Disablement 

The rule currently requires a dealer 

that receives an eligible trade-in vehicle 

under the CARS program to disable that 

vehicle’s engine prior to submitting an 

application for reimbursement and prior 

to transferring the vehicle to a disposal 

facility. That requirement is 


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implemented in sections 599.300(a), 

599.300(d)(2), 599.300(e)(1)(i) and the 

certifications in Appendix A. 

The agency has determined that the 

requirement for a dealer to disable the 

engine prior to submitting an 

application for reimbursement could 

create an undue hardship for a dealer in 

some circumstances. For example, a 

dealer operating in good faith may 

conduct a non-compliant transaction 

under the CARS program and extend a 

credit that is disapproved for 

reimbursement after the sale or lease of 

a new vehicle to a customer. If the 

engine of the trade-in vehicle has 

already been disabled under these 

circumstances, as the rule currently 

requires, the dealer would not only 

forgo a CARS credit reimbursement, but 

also be unable to recoup the full value 

of the trade-in vehicle to mitigate its 

loss. 

With these considerations in mind, 

this final rule amends the provision 

relating to the timing of the dealer’s 

disablement of the engine of the tradein vehicle. The agency is removing the 

requirement that the dealer disable the 

engine prior to submitting an 

application for reimbursement and 

replacing it with a provision that allows 

engine disablement before or after 

submission of the application for 

reimbursement, but in all cases prior to 

leaving the dealership or property 

owned by or under the control of the 

dealership. 

Accordingly, we are amending section 

599.300(a) to specify that the dealer 

must store the trade-in vehicle at the 

dealership or property owned by or 

under the control of the dealership until 

the engine is disabled. We are amending 

section 599.300(d) to remove the 

requirement for engine disablement 

prior to submission of the request for 

reimbursement and to insert a 

requirement that the dealer must disable 

the engine at its dealership or property 

owned by or under the control of the 

dealership not more than seven calendar 

days after the government reimburses 

the dealer for the value of the credit. 

The continued storage of the trade-in 

vehicle and the disablement of trade-in 

vehicle’s engine are conditions of the 

government’s payment of the credit to 

the dealer that the dealer is obligated to 

satisfy. 

We are amending the certification in 

Appendix A to allow a dealer to certify, 

at the time of the submission of the 

application for reimbursement, that the 

dealer has either already disabled the 

engine at the dealership or property 

owned by or under the control of the 

dealership or will store the trade-in 

vehicle at the dealership or property 

owned by or under the control of the 

dealership and disable the engine at the 

dealership or property owned by or 

under the control of the dealership not 

more than seven calendar days after 

receiving electronic reimbursement for 

the credit. The amendment does not 

change the requirement that the dealer 

disable the engine before the trade-in 

vehicle is transferred to the disposal 

facility or salvage auction. The storage 

requirement enables the agency to 

inspect to see that the dealer has not 

shipped the trade-in vehicle 

prematurely. The rule makes a 

conforming change section 

599.300(d)(3) to retain the requirement 

to mark the title prior to submission of 

the application for reimbursement. 

Finally, today’s amendments do not 

affect the requirements for pre-July 24th 

trade-in vehicles under the program 

where the vehicle has already been 

transferred from the dealership. 

b. Technical Amendments 

The final rule currently requires 

salvage auctions, as a condition of 

participation in the program, to transfer 

trade-in vehicles only to a disposal 

facility listed on the agency’s website at 

cars.gov/disposal or to a facility that 

disposes of vehicles in Puerto Rico, the 

Virgin Islands, Guam, American Samoa, 

or the Commonwealth of the Northern 

Mariana Islands. Section 599.201(a)(1) 

of the regulation incorrectly stated that 

a salvage auction may transfer the 

vehicle to a disposal facility identified 

in Section 599.201(b)(2) or (b)(3). The 

correct citations are Section 

599.201(a)(2) or (a)(3). Today’s 

amendment makes that correction. 

The agency is amending the Dealer 

Certifications (Appendix A). We are 

removing the reference to the ‘‘engine 

block’’ and replacing it with the 

‘‘engine’’ for conformity with the 

language in the regulation. In this same 

dealer certification, the phrase ‘‘render 

inoperative’’ is being replaced with the 

word ‘‘disable.’’ This change, too, 

allows the dealer certification form in 

Appendix A to conform to the language 

used throughout the rule. These changes 

do not change the meaning of the rule. 

The procedures of Appendix B, Engine 

Disablement Procedures for the CARS 

Program, continue to apply. These 

dealer certification changes will also be 

made to the electronic certification 

screen a dealer sees while entering a 

transaction. It may take some time to 

amend the electronic form. However, 

the new certifications are now available 

in the Summary of Sale sheet, which 

should be used immediately. The 

certifications on this form will control 

and the superseded certification on the 

electronic form will not be binding. 

Finally, the agency is amending the 

Disposal Facility Certification Form 

(Appendix E) by replacing incorrect 

information in one of the input fields. 

We are removing ‘‘End of Life Vehicle 

Solution (ELVS) Identification No. (if 

assigned)’’ and replacing it with 

‘‘NHTSA Disposal Facility Identification 

No. (if assigned).’’ The requested 

number is a unique identifier assigned 

by NHTSA to the disposal facility 

identified on the CARS website—it is 

not assigned by the ELVS program. This 

correction should resolve the instances 

of misdirected inquiries from dealers 

seeking a number from the ELVS 

program. 

c. Insurance Eligibility Requirements 

In addressing the requirement under 

the CARS Act that the trade-in vehicle 

be ‘‘continuously insured consistent 

with the applicable State law,’’ the 

agency stated in the preamble to the rule 

its interpretation that the Act requires 

all transactions to meet the continuous 

one-year insurance condition as a 

threshold matter with respect to any 

trade-in vehicle under the CARS 

program. Upon further consideration of 

the statutory language and because the 

prior interpretation has only been in 

effect a few days, the agency has 

concluded that, in those States with no 

insurance requirement, the rule’s 

requirement unfairly penalizes 

consumers who are in compliance with 

State law. Therefore, today’s 

interpretation exempts trade-in vehicles 

registered in New Hampshire and 

Wisconsin from the one-year insurance 

requirement because both New 

Hampshire and Wisconsin have no 

insurance requirement under State Law. 

As this interpretation is not inconsistent 

with the existing regulatory text, no 

change to the rule is necessary; 

however, the dealer and purchaser 

certifications (Appendix A) are being 

amended to make today’s interpretation 

clear. 

Statutory Basis for This Action 

This final rule makes amendments to 

implement the Consumer Assistance to 

Recycle and Save Act (CARS Act) (Pub. 

L. 111–32), which directs the Secretary 

to issue final regulations. 

APA Requirements and Effective Date 

The rule is being issued without first 

providing a notice and an opportunity 

for public comment. Section 1302(d) of 

the CARS Act provides that 

‘‘notwithstanding’’ the requirements of 

section 553 of title 5, United States 

Code, the Secretary shall promulgate 


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final regulations to implement the 

Program not later than 30 days after the 

date of the enactment of this Act. Given 

that schedule and the fact that this 4- 

month program with a statutorily fixed 

end date has already begun, the agency 

finds for good cause that providing 

notice and comment is impracticable 

and contrary to the public interest for 

these changes to the final rule. Drafting 

and issuing a proposed rule, providing 

a period for public comment, and 

addressing those comments in the final 

rule would have been highly 

impracticable in the time available and 

would have substantially delayed 

issuance of this final rule. Because sales 

of new vehicles under the program have 

begun in what appears to be high 

volume, we believe it is necessary to 

provide these amendments and 

clarification immediately so that no one 

will be harmed in making transactions. 

Because of the CARS Act schedule 

and the fact that the 4-month program 

has already begun, the agency finds that 

it has good cause to make this rule 

effective fewer than 30 days after the 

publication in the Federal Register. In 

view of the fact that sales of new 

vehicles under the program have begun 

in what appears to be high volume, we 

believe it is necessary to provide these 

amendments and clarifications 

immediately so that no one will be 

harmed in making transactions. We also 

note that, other than the technical 

provisions, this rule is relieving 

restrictions in the original final rule. It 

would, therefore, be inconsistent with 

Congressional intent, impracticable, and 

contrary to the public interest, to delay 

the effective date of the regulation, 

which would, in turn, adversely affect 

effective implementation of the 

program. 

Accordingly, the effective date of this 

final rule is August 5, 2009. 

Regulatory Analyses and Notices 

Because of the public and 

Congressional interest in the CARS 

program, this rulemaking is considered 

significant under Executive Order 12866 

and the Department of Transportation’s 

Regulatory Policies and Procedures. It 

was reviewed by the Office of 

Management and Budget. The agency 

has discussed the relevant requirements 

of the Regulatory Flexibility Act, 

Executive Order 13132 (Federalism), 

Executive Order 12988 (Civil Justice 

Reform), the National Environmental 

Policy Act, the Paperwork Reduction 

Act, and the Unfunded Mandates 

Reform Act in the July 29, 2009 final 

rule cited above. This rule does not 

change the finding in those analyses. 

Regulatory Identifier Number (RIN) 

The Department of Transportation 

assigns a regulatory identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

Privacy Act 

Please note that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the complete User 

Notice and Privacy Notice for 

Regulations.gov at http://www.

regulations.gov/search/footer/

privacyanduse.jsp. 

List of Subjects in 49 CFR Part 599 

Fuel Economy, Motor Vehicle Safety. 

■ In consideration of the foregoing, 

NHTSA hereby amends 49 CFR part 599 

as set forth below. 

PART 599—REQUIREMENTS AND 

PROCEDURES FOR CONSUMER 

ASSISTANCE TO RECYCLE AND SAVE 

ACT PROGRAM 

■ 1. The authority citation for Part 599 

continues to read as follows: 

Authority: 49 U.S.C. 32901, Notes; 

delegation of authority at 49 CFR 1.50. 

■ 2. Section 599.201 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 599.201 Identification of salvage 

auctions and disposal facilities. 

(a) * * * 

(1) A salvage auction that will transfer 

trade-in vehicles received under this 

program only to a disposal facility 

identified in paragraph (a)(2) or (a)(3) of 

this section. 

* * * * * 

■ 3. Section 599.300 is amended by 

revising paragraphs (a), (d) introductory 

text, (d)(2), and (d)(3), to read as 

follows: 

§ 599.300 Requirements for qualifying 

transactions. 

(a) In general. To qualify for a credit 

under the CARS Program, a dealer must 

sell or lease a new vehicle that meets 

eligibility requirements to a purchaser, 

obtain a trade-in vehicle that meets 

eligibility requirements from the 

purchaser, satisfy combined fuel 

economy requirements for both the new 

and trade-in vehicles, store the trade-in 

vehicle at the dealership or property 

owned by or under the control of the 

dealership until the engine is disabled, 

disable the engine of the trade-in 

vehicle at the dealership or property 

owned by or under the control of the 

dealership, satisfy the limitations and 

restrictions of the program, arrange for 

disposal of the trade-in vehicle at a 

qualifying disposal facility or through a 

qualifying salvage auction, and register 

and submit a complete application for 

reimbursement to NHTSA, 

demonstrating that it meets all the 

requirements of this part. 

* * * * * 

(d) Trade-In Vehicle—Disclosure of 

Scrap Value, Engine Disablement, and 

Title Marking. As part of a qualifying 

transaction under this part, the dealer 

shall: 

* * * * * 

(2) Except as provided in paragraph 

(e) of this section, store the trade-in 

vehicle at the dealership or property 

owned by or under the control of the 

dealership until its engine is disabled 

following the procedures set forth in 

Appendix B to this part, disable the 

engine of the trade-in vehicle at the 

dealership or property owned by or 

under the control of the dealership 

following the procedures set forth in 

Appendix B to this part, and certify, as 

provided in Appendix A to this part, 

dealer certifications section, that either 

the engine of the trade-in vehicle has 

been disabled at the dealership or 

property owned by or under the control 

of the dealership, or that the trade-in 

vehicle will be stored at the dealership 

or property owned by or under the 

control of the dealership until the 

engine is disabled and the engine of the 

trade-in vehicle will be disabled by the 

dealer at the dealership or property 

owned by or under the control of the 

dealership not more than seven calendar 

days after the dealer’s receipt of 

payment for the transaction; and 

(3) Prior to submitting an application 

for reimbursement under § 599.302, 

legibly mark the front and back of the 

trade-in vehicle’s title in prominent 

letters that do not obscure the owner’s 

name, VIN, or other writing as follows: 

‘‘Junk Automobile, CARS.gov.’’ 

* * * * * 

■ 4. Revise Appendix A to Part 599 to 

read as follows: 

BILLING CODE 4910–59–P 


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■ 5. Revise Appendix E to Part 599 to 

read as follows: 


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Issued on: July 31, 2009. 

Ronald L. Medford, 

Acting Deputy, Administrator. 

[FR Doc. E9–18835 Filed 8–3–09; 4:15 pm] 

BILLING CODE 4910–59–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Other Rockfish in the 

Western Regulatory Area of the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of ‘‘other rockfish’’ in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2009 total allowable catch (TAC) of 

‘‘other rockfish’’ in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 31, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 2009 TAC of ‘‘other rockfish’’ in 

the Western Regulatory Area of the GOA 

is 357 metric tons (mt) as established by 

the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2009). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2009 TAC of ‘‘other 

rockfish’’ in the Western Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

‘‘other rockfish’’ caught in the Western 

Regulatory Area of the GOA be treated 

as prohibited species in accordance 

with § 679.21(b). 

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 prohibition of retention of 

‘‘other rockfish’’ in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 30, 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: July 31, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–18703 Filed 7–31–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ76 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of Pacific ocean perch in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary because 

the 2009 total allowable catch (TAC) of 

Pacific ocean perch in the Western 

Regulatory Area of the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 31, 2009, through 2400 

hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 2009 TAC of Pacific ocean perch 

in the Western Regulatory Area of the 

GOA is 3,713 metric tons (mt) as 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2009 TAC of Pacific 

ocean perch in the Western Regulatory 

Area of the GOA has been reached. 

Therefore, NMFS is requiring that 

Pacific ocean perch caught in the 

Western Regulatory Area of the GOA be 

treated as prohibited species in 

accordance with § 679.21(b). 

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 prohibition of retention of 

shortraker rockfish in the Western 

Regulatory Area of the GOA. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 30, 2009. 

The AA also finds good cause to 

waive the 30–day delay in the effective 


srobinson on DSKHWCL6B1PROD with RULES