43062 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because the 

rule establishes a temporary safety zone. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T08–0359 to 

read as follows: 

§ 165.T08–0359 Safety Zone; Sabine River, 

Orange, TX. 

(a) Definitions. As used in this 

section, Participant Vessel means all 

vessels officially registered with event 

officials to race or work in the event. 

These vessels include race boats, rescue 

boats, tow boats, and picket boats 

associated with the race. 

(b) Location. The following area is a 

safety zone: All waters of the Sabine 

River, from shoreline to shoreline, 

adjacent to the Naval Reserve Unit and 

the Orange public boat ramps located in 

Orange, Texas. The northern boundary 

is from the end of Navy Pier One at 

30°05′45′′ N and 93°43′24′′ W then 

easterly to the river’s eastern shore. The 

southern boundary is a line from 

shoreline to shoreline at latitude 

30°05′33′′ N. 

(c) Effective date. This rule is effective 

from 9 a.m. on September 19, 2009 until 

6 p.m. on September 20, 2009. 

(d) Periods of Enforcement. This rule 

will be enforced from 9 a.m. until 6 p.m. 

on September 19, 2009, and 9 a.m. until 

6 p.m. on September 20, 2009. The 

Captain of the Port, Port Arthur will 

inform the public through broadcast 

notice to mariners of the enforcement 

periods for the safety zone. 

(e) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited to all vessels except 

participant vessels and those vessels 

specifically authorized by the Captain of 

the Port, Port Arthur or a designated 

representative. 

(2) Persons or vessels requiring entry 

into or passage through the zone must 

request permission from the Captain of 

the Port, Port Arthur, or a designated 

representative. They may be contacted 

on VHF Channel 13 or 16, or by 

telephone at (409) 723–6500. 

(3) All persons and vessels must 

comply with the instructions of the 

Captain of the Port, Port Arthur, 

designated representatives and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

Dated: July 22, 2009. 

J.J. Plunkett, 

Captain, U.S. Coast Guard, Captain of the 

Port, Port Arthur. 

[FR Doc. E9–20512 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 010319075–1217–02] 

RIN 0648–XP75 

Fisheries of the Northeastern United 

States; Tilefish Fishery; Quota 

Harvested for Part-time Category 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; tilefish Parttime permit category closure. 

SUMMARY: NMFS announces that the 

percentage of the tilefish annual total 

allowable landings (TAL) available to 

the tilefish Part-time permit category for 

the 2009 fishing year has been 

harvested. Therefore, commercial 

vessels fishing under the Part-time 

tilefish category may not harvest tilefish 

from within the Golden Tilefish 

Management Unit for the remainder of 

the 2009 fishing year. Regulations 

governing the tilefish fishery require 

publication of this notification to advise 

the public of this closure. 

DATES: Effective August 21, 2009 

through 2400 hrs local time, October 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fisheries Management 

Specialist, at (978) 281–9165. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the tilefish 

fishery are found at 50 CFR part 648. 

The regulations require annual 

specification of a TAL for federally 

permitted tilefish vessels harvesting 

tilefish from within the Golden Tilefish 

Management Unit. The Golden Tilefish 

Management Unit is defined as an area 

of the Atlantic Ocean from the latitude 

of the VA and NC border (36°33.36′ N. 

lat.), extending eastward from the shore 

to the outer boundary of the exclusive 

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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 43063 

economic zone, and northward to the 

U.S.-Canada border. After 5 percent of 

the TAL is deducted to reflect landings 

by vessels issued an open-access 

incidental permit category, and after up 

to 3 percent of the TAL is set aside for 

research purposes, should research TAL 

be set aside, the remaining TAL is 

distributed among three tilefish limited 

access permit categories: Full-time tier 1 

category (66 percent); Full-time tier 2 

category (15 percent); and the Part-time 

category (19 percent). 

The TAL for tilefish for the 2009 

fishing year was set at 1.995 million lb 

(905,172 kg) and then adjusted 

downward by 5 percent to 1,895,250 lb 

(859,671 kg) to account for incidental 

catch. There was no research set-aside 

for the 2009 fishing year. Thus, the Parttime permit category quota for the 2009 

fishing year, which is equal to 19 

percent of the TAL, was specified at 

360,098 lb (163,338 kg). Notification of 

the 2009 Part-time permit category 

quota for the 2009 fishing year was sent 

in a Permit Holder Letter to all tilefish 

limited access permit holders on 

October 7, 2008. 

The Administrator, Northeast Region, 

NMFS (Regional Administrator), 

monitors the commercial tilefish quota 

for each fishing year using dealer 

reports, vessel catch reports, and other 

available information to determine 

when the quota for each limited access 

permit category is projected to have 

been harvested. NMFS is required to 

publish notification in the Federal 

Register notifying commercial vessels 

and dealer permit holders that, effective 

upon a specific date, the tilefish TAL for 

the specific limited access category has 

been harvested and no commercial 

quota is available for harvesting tilefish 

by that category for the remainder of the 

fishing year, from within the Golden 

Tilefish Management Unit. 

The Regional Administrator has 

determined, based upon dealer reports 

and other available information, that the 

2009 tilefish TAL for the Part-time 

category has been harvested. Therefore, 

effective August 21, 2009, further 

landings of tilefish harvested from 

within the Golden Tilefish Management 

Unit by tilefish vessels holding Parttime category Federal fisheries permits 

are prohibited through October 31, 

2009. The 2010 fishing year for 

commercial tilefish harvest will open on 

November 1, 2009. Federally permitted 

dealers are also advised that, effective 

August 21, 2009, they may not purchase 

tilefish from Part-time category federally 

permitted tilefish vessels who land 

tilefish harvested from within the 

Golden Tilefish Management Unit for 

the remainder of the 2009 fishing year 

(through October 31, 2009). 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. If 

implementation of this closure were 

delayed to solicit prior public comment, 

the quota for this category would be 

exceeded, given the rate of harvest of 

tilefish for vessels in this category. This 

would conflict with the agency’s legal 

obligation under section 304(e) of the 

Magnuson-Stevens Act to prevent 

overfishing and to rebuild this fishery as 

soon as possible. Overage of the Parttime category quota that occurs in a 

given fishing year is subtracted from the 

quota for this category in the following 

fishing year. Thus, allowing an overage 

would have a negative economic impact 

on owners of vessels permitted in the 

Part-time category, who did not 

contribute to the overage this year, and 

who would fish during the next fishing 

year. The AA further finds, pursuant to 

5 U.S.C. 553(d)(3), good cause to waive 

the 30-day delayed effectiveness period 

for the reasons stated above. 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 21, 2009 

William D. Chappell, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–20580 Filed 8–21–09; 4:15 pm] 

BILLING CODE 3510–22–S 

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