Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40523 

within the meaning of the Unfunded 

Mandates Reform Act of 1995. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this program. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) addresses the 

collection of information by the Federal 

government from individuals, small 

businesses and State and local 

government and seeks to minimize the 

burdens such information collection 

requirements might impose. A 

collection of information includes 

requiring answers to identical questions 

posed to, or identical reporting or 

recordkeeping requirements imposed 

on, ten or more persons, other than 

agencies, instrumentalities or employees 

of the United States. 

This final rule contains information 

that would apply to individuals and 

possibly small entities. However, there 

are no reporting or other collection 

requirements associated with this final 

rule, even though it relates to an 

employer’s certification of certain 

information about the debtor, such as 

the debtor’s employment status and 

earnings, which would be inquiries on 

a one-time basis. In any case, comments 

in this area are welcomed. 

National Environmental Policy Act 

In accordance with 24 CFR 50.19(c)(1) 

of the Department’s regulations, this 

final rule does not direct, provide for 

assistance or loan and mortgage 

insurance for, or otherwise govern or 

regulate, real property acquisition, 

disposition, leasing, rehabilitation, 

alteration, demolition, or new 

construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Therefore, this 

final rule is categorically excluded from 

the requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ See 66 FR 28355 (May 

22, 2001). Under the Executive Order a 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of final rulemaking, and 

notices of final rulemaking: (1)(i) That is 

a significant regulatory action under 

Executive Order 12866 or any successor 

order, and (ii) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (2) that 

is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs as a significant energy action. 

OST has evaluated this final rule in 

accordance with Executive Order 13211. 

The Department has determined that 

this final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Consequently, the Department has 

determined that this final rule is not a 

‘‘significant energy action’’ within the 

meaning of the Executive Order. 

Privacy Act Statement 

Anyone is able to search the 

electronic form of all comments 

received into any of DOT’s 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 DOT’s complete Privacy Act 

Statement published in the Federal 

Register on April 11, 2000 (Volume 65, 

Number 70, Pages 19477–78) or you 

may visit: http://www.regulations.gov. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned 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. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 49 CFR Part 89 

Claims, Income taxes. 

The Final Rule 

■ For the reasons set forth in the 

preamble, OST amends Part 89 of 

chapter I, subtitle A of title 49, Code of 

Federal Regulations, as set forth below: 

PART 89—IMPLEMENTATION OF THE 

FEDERAL CLAIMS COLLECTION ACT 

■ 1. The authority citation for 49 CFR 

part 89, subpart B is revised to read as 

follows: 

Authority: Public Law 89–508; Public Law 

89–365, secs. 3, 10, 11, 13(b), 31 U.S.C. 3701– 

3720A; Public Law 98–167; Public Law 98– 

369; Public Law 99–578; Public Law 101– 

552, 31 U.S.C. 3711(a)(2); 31 CFR 3711, 

3716–3720E. 

■ 2. Add § 89.35 to subpart B to read as 

follows: 

§ 89.35 Administrative wage garnishment. 

(a) General. The Secretary may use 

administrative wage garnishment for 

debts referred to cross-servicing at 

Financial Management Service, 

Department of Treasury. Regulations in 

31 CFR 285.11 govern the collection of 

debts owed to federal agencies through 

administrative wage garnishment. 

Whenever the Financial Management 

Service collects a debt for the Secretary 

using administrative wage garnishment, 

the statutory administrative 

requirements in 31 CFR 285.11 will 

govern. 

(b) Hearing official. Any hearing 

required to establish the Secretary’s 

right to collect a debt through 

administrative wage garnishment shall 

be conducted by a qualified individual 

selected at the discretion of the 

Secretary of Transportation, as specified 

in 31 CFR 285.11. The qualified 

individual may include an 

Administrative Law Judge. 

Issued this 30th day of July 2009, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. E9–19344 Filed 8–11–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XQ93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery 

assignments. 

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the 2009 B season 

Atka mackerel fishery in harvest limit 

area (HLA) 542 and/or 543 of the 

Aleutian Islands subarea of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the harvest of the 2009 B season 

HLA limits established for area 542 and 

area 543 pursuant to the final 2009 and 


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40524 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

2010 harvest specifications for 

groundfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 7, 2009, until 1200 

hrs, A.l.t., November 1, 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. 

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Eight vessels have registered 

with NMFS to fish in the B season HLA 

fisheries in areas 542 and/or 543. In 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment. 

For the Amendment 80 cooperative, 

the vessels authorized to participate in 

the first HLA directed fishery in area 

542 and the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) are as follows: Federal 

Fishery Permit number (FFP) 2134 

Ocean Peace and FFP 3835 Seafisher. 

The vessel authorized to participate in 

the first HLA directed fishery in area 

543 and the second HLA directed 

fishery in area 542 in accordance with 

§ 679.20(a)(8)(iii) is as follows: FFP 2733 

Seafreeze Alaska. 

For the Amendment 80 limited access 

sector, vessels authorized to participate 

in the first HLA directed fishery in area 

542 and in the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) are as follows: FFP 

4093 Alaska Victory and FFP 2443 

Alaska Juris. Vessels authorized to 

participate in the first HLA directed 

fishery in area 543 and in the second 

HLA directed fishery in area 542 in 

accordance with § 679.20(a)(8)(iii) are as 

follows: FFP 3819 Alaska Spirit and FFP 

3423 Alaska Warrior. 

For the BSAI trawl limited access 

sector, the vessel authorized to 

participate in the first HLA directed 

fishery in area 542 in accordance with 

§ 679.20(a)(8)(iii) is as follows: FFP 

11770 Alaska Knight. 

Classification 

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 unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the B season 

HLA fisheries in area 542 and area 543. 

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: August 7, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–19331 Filed 8–7–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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