Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 46509 

in circumstances that limit their 

academic, social, or emotional 

development within the project’s 

service area. 

* * * * * 

§ 2552.41 [Amended] 

■ 51. Amend § 2552.41(a)(1) by 

removing the term ‘‘60’’ and adding 

‘‘55’’ in its place. 

■ 52. Revise § 2552.42 to read as 

follows: 

§ 2552.42 What types of criminal 

convictions or other adjudications 

disqualify an individual from serving as a 

Foster Grandparent or as a Foster 

Grandparent grant-funded employee? 

Any individual who is registered, or 

who is required to be registered, on a 

State sex offender registry, or who has 

been convicted of murder, as defined 

under Federal law in section 1111 of 

title 18, United States Code, is deemed 

unsuitable for, and may not serve in, a 

position as a Foster Grandparent or as 

a Foster Grandparent grant-funded 

employee. 

■ 53. Amend § 2552.43 by revising 

paragraph (a) to read as follows. 

§ 2552.43 What income guidelines govern 

eligibility to serve as a stipended Foster 

Grandparent? 

(a) To receive a stipend, a Foster 

Grandparent may not have an annual 

income from all sources, after deducting 

allowable medical expenses, which 

exceeds the program’s income eligibility 

guideline for the State in which he or 

she resides. The income eligibility 

guideline for each State is 200 percent 

of the poverty line, as set forth in 42 

U.S.C. 9902 (2). 

* * * * * 

■ 54. Revise § 2552.81 to read as 

follows: 

§ 2552.81 What type of Children are 

eligible to be served? 

Foster Grandparents serve only 

children and youth with special and 

exceptional needs, or in circumstances 

that limit their academic, social, or 

emotional development, who are less 

than 21 years of age. 

■ 55. Amend § 2552.82 by: 

■ a. In paragraph (a) introductory text, 

by removing the term ‘‘mentally 

retarded child’’ and adding the term 

‘‘child with a disability’’ in its place; 

■ b Revising paragraph (b); and 

■ c. In paragraph (c), by removing the 

term’’ mentally retarded child’’ and 

adding the term ‘‘child with a 

disability’’ in its place. 

Revised text reads as follows: 

§ 2552.82 Under what circumstances may 

a Foster Grandparent continue to serve an 

individual beyond his or her 21st birthday? 

* * * * * 

(b) In cases where the assigned Foster 

Grandparent becomes unavailable to 

serve a particular individual, the 

replacement of that Foster Grandparent 

shall be made through mutual 

agreement by all parties involved. 

* * * * * 

§ 2552.101 [Amended] 

■ 56. Amend § 2552.101 by removing 

the term ‘‘60’’ and adding ‘‘55’’ in its 

place. 

PART 2553—RETIRED AND SENIOR 

VOLUNTEER PROGRAM 

■ 57. The authority citation for part 

2553 continues to read as follows: 

Authority: 42 U.S.C. 4950 et seq.; 

■ 58. Amend § 2553.25 by adding 

paragraph (i) to read as follows: 

§ 2553.25 What are a sponsor’s 

administrative responsibilities? 

* * * * * 

(i) Conduct criminal history checks on 

all grant-funded staff employed on or 

after October 1, 2009, in accordance 

with the requirements in 45 CFR 

2540.200–207. 

Dated: September 2, 2009. 

Frank R. Trinity, 

General Counsel. 

[FR Doc. E9–21671 Filed 9–9–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XR06 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; 

Closure of the July-December 2009 

Commercial Fishery for Vermilion 

Snapper in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS has determined 

that the quota for the commercial 

fishery for vermilion snapper will have 

been reached by September 18, 2009. 

This closure is necessary to protect the 

vermilion snapper resource. 

DATES: Closure is effective 12:01 a.m., 

local time, September 18, 2009, through 

11:59 p.m., local time, on December 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for vermilion 

snapper in the South Atlantic at 302,523 

lb (137,222 kg) for the current fishing 

period, July 1 through December 31, 

2009, as specified in 50 CFR 

622.42(e)(4)(ii). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 302,523 lb (137,222 

kg) for vermilion snapper will be 

reached on or before September 18, 

2009. Accordingly, NMFS is closing the 

commercial fishery for vermilion 

snapper in the South Atlantic EEZ from 

12:01 a.m., local time, on September 18, 

2009, through 11:59 p.m., local time, on 

December 31, 2009. The operator of a 

vessel with a valid commercial vessel 

permit for snapper-grouper having 

vermilion snapper onboard must have 

landed and bartered, traded, or sold 

such vermilion snapper prior to 12:01 

a.m., local time, September 18, 2009. 

During the closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(v) and (d)(2), respectively, 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, and the sale or purchase 

of vermilion snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of vermilion snapper that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, 


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46510 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations 

September 18, 2009, and were held in 

cold storage by a dealer or processor. 

For a person on board a vessel for which 

a Federal commercial or charter vessel/ 

headboat permit for the South Atlantic 

snapper-grouper fishery has been 

issued, the sale and purchase provisions 

of the commercial closure for vermilion 

snapper would apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.43(a)(5)(ii). 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the fishery since the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30–day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 4, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–21823 Filed 9–4–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XR32 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective noon, 

local time, September 12, 2009, through 

June 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 727–824–5305, fax: 727– 

824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial fishery for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone is 

managed under a commercial quota of 

1.01 million lb (0.46 million kg) (66 FR 

17368, March 30, 2001) for the current 

fishing year, July 1, 2009, through June 

30, 2010. 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached by September 12, 2009. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective noon, local time, 

September 12, 2009, through June 30, 

2010, the end of the fishing year. The 

boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed zones or subzones. A person 

aboard a vessel that has a valid charter 

vessel/headboat permit for coastal 

migratory pelagic fish may continue to 

retain king mackerel in or from the 

closed zones or subzones under the bag 

and possession limits set forth in 50 

CFR 622.39(c)(1)(ii) and (c)(2), provided 

the vessel is operating as a charter 

vessel or headboat. A charter vessel or 

headboat that also has a commercial 

king mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

king mackerel from the closed zones or 

subzones that were harvested, landed 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor. 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the fishery since the capacity of 


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