Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50699 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 

safety in air commerce, I find that notice 

and public procedure before adopting 

these SIAPs are impracticable and 

contrary to the public interest and, 

where applicable, that good cause exists 

for making these SIAPs effective in less 

than 30 days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. For the same reason, the 

FAA certifies that this amendment will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, and 

Navigation (Air). 

Issued in Washington, DC, on September 

18, 2009. 

John M. Allen, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, Title 14, Code of 

Federal regulations, Part 97, 14 CFR part 

97, is amended by amending Standard 

Instrument Approach Procedures, 

effective at 0901 UTC on the dates 

specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

§§ 97.23, 97.25, 97.29 97.29, 97.31, 97.33, 

and 97.35 [Amended] 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, SDF, SDF/DME; 

§ 97.27 NDB, NDB/DME; § 97.29 ILS, 

ILS/DME, MLS, MLS/DME, MLS/RNAV; 

§ 97.31 RADAR SIAPs; § 97.33 RNAV 

SIAPs; and § 97.35 COPTER SIAPs, 

Identified as follows: 

* * * Effective Upon Publication 

AIRAC date State City Airport FDC No. FDC date Subject 

22–Oct–09 .... TX Llano ....................... Llano Muni ............................... 9/7728 9/3/2009 VOR–A, AMDT 3. 

22–Oct–09 .... NY Saratoga Springs .... Saratoga County ..................... 9/8985 9/10/2009 RNAV (GPS) RWY 23, AMDT 1. 

22–Oct–09 .... AK Kotlik ....................... Kotlik ........................................ 9/8994 9/10/2009 RNAV (GPS) RWY 2, ORIG–A. 

22–Oct–09 .... CA Long Beach ............ Long Beach/Daugherty Field .. 9/9048 9/10/2009 VOR OR TACAN RWY 30, 

AMDT 8A. 

22–Oct–09 .... CA Long Beach ............ Long Beach/Daugherty Field .. 9/9049 9/10/2009 ILS OR LOC RWY 30, AMDT 

32D. 

22–Oct–09 .... OR Newport .................. Newport Muni .......................... 9/9058 9/10/2009 VOR/DME RWY 34, AMDT 1. 

22–Oct–09 .... CA Grass Valley ........... Nevada County Airpark ........... 9/9062 9/10/2009 GPS RWY 7, ORIG. 

22–Oct–09 .... CA Grass Valley ........... Nevada County Airpark ........... 9/9064 9/10/2009 VOR OR GPS–A, AMDT 1. 

[FR Doc. E9–23103 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 622 

[Docket No. 071025620–91118–03] 

RIN 0648–AW19 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery off the Southern Atlantic 

States; Amendment 7 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 7 to the Fishery 

Management Plan for the Shrimp 

Fishery of the South Atlantic Region 

(FMP), as prepared and submitted by 

the South Atlantic Fishery Management 

Council (Council). For South Atlantic 

rock shrimp, this final rule renames the 

rock shrimp permit and endorsement; 

requires all South Atlantic shrimp 

permit holders to provide economic 

data if selected; reinstates all limited 

access rock shrimp endorsements for 

those vessel owners who renewed their 

open access permit in the year in which 

they failed to renew their limited access 

endorsement; removes the 15,000–lb 

(6,804–kg) rock shrimp landing 

requirement; and reinstates all limited 

access rock shrimp endorsements lost 

due to not meeting the landing 

requirement. NMFS also implements 

several non-substantive changes in 

codified text through this final rule. 

NMFS also informs the public of the 

approval by the Office of Management 

and Budget (OMB) of the collection-ofinformation requirement contained in 

this final rule and publishes the OMB 

control number for that collection. The 

intended effect of this final rule is to 

improve data collection, reduce permit 

confusion, and maintain a viable rock 

shrimp fishery in the South Atlantic 

region. 

DATES: This final rule is effective 

November 2, 2009. 

ADDRESSES: Copies of the 

Environmental Assessment, the Final 

Regulatory Flexibility Analysis (FRFA), 

and the Finding of No Significant 

Impact may be obtained from Susan 

Gerhart, Southeast Regional Office, 

NMFS, 263 13th Avenue South, St. 

Petersburg, FL 33701; telephone 727– 

824–5305; fax 727–824–5308. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

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50700 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

requirements contained in this final rule 

may be submitted to Rich Malinowski, 

Southeast Regional Office, NMFS, and 

by e-mail to 

David_Rostker@omb.eop.gov, or by fax 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305. 

SUPPLEMENTARY INFORMATION: The 

shrimp fishery off the southern Atlantic 

states is managed under the FMP. The 

FMP was prepared by the 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. 

On June 1, 2009, NMFS published a 

notice of availability for Amendment 7 

and requested public comments (74 FR 

26170). On June 24, 2009, NMFS 

published the proposed rule to 

implement Amendment 7 and requested 

public comments (74 FR 30034). NMFS 

approved Amendment 7 on August 19, 

2009. The rationale for the measures 

contained in Amendment 7 is provided 

in the amendment and the preamble to 

the proposed rule and is not repeated 

here. 

Comments and Responses 

NMFS received 153 public comments 

on Amendment 7 and the proposed rule, 

including 1 comment from a 

governmental agency, 148 comments 

from individuals (including 145 copies 

of a form letter sent by individuals), and 

4 comments from non-governmental 

agencies. Six comments were in favor of 

the measures contained in the 

amendment and the rule, and the 

remaining comments, including all 

those in the form letter, were opposed 

to the amendment and the rule. The 

following is a summary of the comments 

received that were opposed to the 

amendment and the rule, and NMFS’ 

respective responses. 

Comment 1: Commenters who signed 

the form letter stated that rock 

shrimping kills juvenile red snapper 

and grouper; therefore, all shrimping in 

the EEZ should be eliminated. 

Response: No evidence exists that the 

rock shrimp trawl fleet captures juvenile 

red snapper. During 2001-2006, NMFS 

initiated observer coverage of the rock 

shrimp fishery in the U.S. southeastern 

Atlantic (east coast). The primary 

objective of this effort was to estimate 

catch rates for target and non-target 

species. Results of this study show rock 

shrimp comprised 16 percent of the 

total catch, followed by dusky flounder 

(13 percent), inshore lizardfish (11 

percent), iridescent swimming crab (7 

percent), longspine swimming crab (6 

percent), spot (5 percent), blotched 

swimming crab and brown shrimp (3 

percent each), and horned searobin and 

brown rock shrimp (2 percent each). 

Other finfish species were rock sea bass, 

bluespotted searobin, red goatfish, and 

lefteye flounder. Most of these species, 

with the exception of spot, are not 

targeted in commercial or recreational 

fisheries. A summary of bycatch issues 

for the rock shrimp fishery and a report 

on the above study can be found in 

Amendment 7 to the Shrimp FMP. 

Confusion about rock shrimp bycatch 

likely results from evidence that the 

fishery for penaeid shrimp (pink, white, 

and brown shrimp) in the Gulf of 

Mexico catches a high level of juvenile 

red snapper. However, no evidence 

exists that the penaeid shrimp fishery in 

the South Atlantic has the same level of 

red snapper catch. In fact, the Southeast 

Area Monitoring and Assessment 

Program - South Atlantic Coastal Survey 

has not caught any red snapper during 

shallow water trawl studies since 2007, 

and no more than two red snapper in 

any year during 1995–2007. 

Comment 2: One individual stated no 

permits should be required for rock 

shrimp fishing because the cost and 

difficulty of finding rock shrimp 

effectively regulate the fishery. 

Response: Permits have been required 

in the South Atlantic rock shrimp 

fishery since 1996. Permits provide 

NMFS with a vehicle to collect data on 

fishing activity and catch, and to help 

enforce regulations for vessels subject to 

Federal jurisdiction. The data on fishing 

activity and catch are necessary for the 

Council and NMFS to comply with the 

Magnuson-Stevens Act and other 

applicable laws. 

Other Non-Substantive Changes 

Implemented by NMFS 

This final rule corrects a number of 

non-substantive errors in 50 CFR part 

622. In § 622.6, this rule corrects a 

subject heading that was misidentified 

as ‘‘Gulf and South Atlantic EEZ’’, as it 

should read ‘‘South Atlantic EEZ’’. In 

§ 622.34, a subject heading is added to 

paragraph (k)(1) because it had been 

inadvertently removed in a prior 

rulemaking. In § 622.41, paragraphs 

(a)(4)(i)-(iii) are added to paragraph 

(a)(4), as these paragraphs were 

inadvertently removed in a prior 

rulemaking. These corrections are 

unrelated to the actions taken via 

Amendment 7. 

Classification 

The Administrator, Southeast Region, 

NMFS, determined that Amendment 7 

is necessary for the conservation and 

management of the shrimp fishery and 

is consistent with the MagnusonStevens Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

An FRFA was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis (IRFA), a summary of 

the significant economic issues raised 

by public comments, NMFS responses 

to those comments, and a summary of 

the analyses completed to support the 

action. A copy of the full analysis is 

available from NMFS (see ADDRESSES). 

A summary of the FRFA follows. 

This final rule will rename the rock 

shrimp permit and endorsement, require 

all South Atlantic shrimp permit 

holders to provide economic data if 

selected, reinstate all limited access 

rock shrimp endorsements for those 

vessel owners who renewed their open 

access permit in the year in which they 

failed to renew their limited access 

endorsement, remove the 15,000–lb 

(6,804–kg) rock shrimp landing 

requirement, and reinstate all limited 

access rock shrimp endorsements lost 

due to not meeting the landing 

requirement. The purposes of this final 

rule are to ensure that sufficient effort 

remains active to sustain the fishery and 

its infrastructure and the Council has 

necessary economic data to satisfy 

requirements under the MagnusonStevens Act and other statutes. 

No significant issues associated with 

the economic analysis were raised 

through public comment on the 

proposed rule. A summary of all 

comments is provided in the previous 

section of this preamble. No changes 

were made in the final rule as a result 

of these comments. 

Within the South Atlantic shrimp 

fisheries, vessels may possess one or 

more of the following Federal permits: 

a penaeid shrimp permit, an open 

access rock shrimp permit, and a 

limited access rock shrimp 

endorsement. As of April 2008, NMFS 

issued 266 open access rock shrimp 

permits, 620 penaeid shrimp permits, 

and 155 limited access rock shrimp 

endorsements. Of the 155 limited access 

rock shrimp endorsements, 125 were 

active or renewable and 30 had been 

terminated. The total number of vessels 

that possessed one or more of these 

permits or endorsements was 694, and, 

thus, this is the maximum number of 

vessels that could be directly impacted 

by the actions in this final rule. Of these 

694 vessels, 293 vessels also possessed 

Gulf shrimp moratorium permits, and, 

therefore, only 401 vessels are unique to 

the South Atlantic shrimp fisheries. 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50701 

The fleet of vessels with limited 

access rock shrimp endorsements is 

fairly homogeneous with respect to its 

physical characteristics. The average or 

typical vessel in this fleet is 

approximately 20 years old, nearly 73 ft 

(22.3 m) in length, gross tonnage of 132 

tons, with a fuel capacity of 

approximately 16,000 gallons (60,567 

liters), and a hold capacity of more than 

63,000 lb (28,576 kg) of shrimp. The 

average vessel typically uses four nets 

averaging between 55 and 60 ft (17.2– 

18.3 m) in length and uses between 

three and four crew on each trip. More 

than 90 percent of these vessels are large 

(60 ft (18.3 m) in length or greater) while 

less than 9 percent are small (less than 

60 ft (18.3 m) in length). More than 87 

percent of these vessels have on-board 

freezing capacity. More than two-thirds 

of these vessels have steel hulls, while 

the other vessels are nearly equally split 

between fiberglass and wood hulls. 

Of the 155 vessels with limited access 

rock shrimp endorsements, 145 were 

commercially fishing at some point 

between 2003 and 2007, and 10 vessels 

with endorsements were not 

commercially active during these years. 

All of the commercially inactive vessels 

are state-registered boats that are older, 

smaller, and less powerful than the 

average vessel in the fleet. 

Between 2003 and 2007, 

commercially active vessels with 

endorsements averaged nearly $284,000 

in total revenue per year. These vessels’ 

dependence on landings from the South 

Atlantic rock shrimp fishery was 

relatively low, on average, accounting 

for 7 percent of their total revenue 

during this time. These vessels were 

most dependent on revenue from the 

Gulf shrimp fishery, which, on average, 

accounted for nearly 46 percent of their 

total revenue. Revenue from South 

Atlantic penaeid shrimp landings and 

Northeast non-shrimp landings were 

also important, with each representing 

approximately 22 percent of their total 

revenue on average. The vast majority of 

the Northeast non-shrimp revenue came 

from Atlantic sea scallop landings. 

Thus, although South Atlantic rock 

shrimp landings were not unimportant 

to these vessels’ operations, these 

vessels were considerably more 

dependent on other fisheries. 

The fleet of 694 vessels that possessed 

one or more South Atlantic shrimp 

permits or endorsements is very 

heterogeneous with respect to its 

physical characteristics. For example, 

approximately 65 percent of the vessels 

are large while 35 percent are small. 

Less than 40 percent have on-board 

freezing capacity while nearly 60 

percent rely on ice for storage purposes. 

With respect to their hulls, the fleet is 

approximately evenly split between 

steel, wood, and fiberglass. On average, 

this group of vessels is somewhat 

smaller, older, less technologically 

advanced and uses less crew and gear 

relative to vessels that only possess 

limited access rock shrimp 

endorsements. Related, between 2003 

and 2007, the average total revenue per 

vessel was $185,000, or 35 percent less 

than vessels that only possess a limited 

access rock shrimp endorsement. 

Further, revenue from the Gulf shrimp, 

Northeast non-shrimp, and South 

Atlantic penaeid shrimp fisheries have 

accounted for 36 percent, 31 percent 

and 24 percent of total revenue on 

average during this time. Also, during 

this time period, the maximum total 

revenue for a single vessel was 

approximately $3.7 million. 

With respect to the 401 vessels that 

possessed one or more South Atlantic 

shrimp permits or endorsements and 

did not possess a Gulf shrimp 

moratorium permit, they are also fairly 

heterogeneous with respect to their 

physical characteristics. However, on 

average, they are smaller, older, less 

technologically advanced and use less 

crew and gear than the fleet as a whole, 

and even more so compared to the 

vessels that only possess a limited 

access rock shrimp endorsement. For 

example, nearly 56 percent of these 

vessels are small, only 10 percent have 

on-board freezing capacity, and less 

than 18 percent have steel hulls. 

Related, between 2003 and 2007, the 

average total revenue per vessel was 

only about $135,000, or 27 percent less 

than the fleet as a whole and 53 percent 

less than vessels that only possess a 

limited access rock shrimp 

endorsement. Since these vessels do not 

possess a Gulf shrimp moratorium 

permit and thus cannot participate in 

the Federal Gulf shrimp fishery, 

approximately 40 percent of their total 

revenue comes from both the South 

Atlantic shrimp and Northeast nonshrimp fisheries respectively, with 15 

percent coming from South Atlantic 

non-shrimp fisheries. 

The Small Business Administration 

defines a small business in the 

commercial fishing industry as an entity 

that is independently owned and 

operated, is not dominant in its field of 

operation (including its affiliates), and 

has combined annual receipts not in 

excess of $4.0 million annually (NAICS 

codes 114111 and 114112, finfish and 

shellfish fishing). Based on the annual 

revenues for the fishery provided above, 

all shrimp vessels expected to be 

directly impacted by this final rule are 

determined, for the purpose of this 

analysis, to be small entities. 

The action to remove the 15,000–lb 

(6,804–kg) landing requirement will 

directly affect 27 vessels with active or 

renewable endorsements, the action to 

reinstate limited access rock shrimp 

endorsements lost due to not meeting 

the landing requirement will directly 

affect 43 vessels with active or 

renewable endorsements, the action to 

reinstate limited access rock shrimp 

endorsements for those vessel owners 

who renewed their open access permit 

in the year in which they failed to 

renew their limited access endorsement 

will directly affect 5 vessels with 

terminated endorsements, and the 

action to rename the rock shrimp permit 

and endorsement will directly affect all 

125 vessels with active or renewable 

endorsements and 5 vessels with 

terminated endorsements. In general, 

the action to require all South Atlantic 

shrimp permit holders to provide 

economic data if selected would apply 

to all 694 vessels with a South Atlantic 

penaeid or rock shrimp permit or 

endorsement. However, since 293 of 

these vessels possess a Gulf shrimp 

moratorium permit and therefore must 

already comply with economic data 

reporting requirements in that fishery, 

only 401 vessels will be directly affected 

by this action. Thus, NMFS determines 

that this final rule will affect a 

substantial number of small entities. 

The action to remove the 15,000–lb 

(6,804–kg) landing requirement is 

expected to directly benefit at least 27 

vessels by allowing them to retain their 

limited access rock shrimp 

endorsements. Under current 

regulations, these vessels would be 

expected to lose their endorsements 

during the next few years. By retaining 

their endorsements, these vessels are 

able to retain the market value of their 

endorsements, which is estimated to be 

$5,000. Further, they will retain their 

ability to participate in the fishery, 

which in the short term is expected to 

increase these vessels’ average total 

revenue by only $600 per vessel but 

could be greater in the long term if they 

increase their level of participation in 

the fishery. 

The action to reinstate limited access 

rock shrimp endorsements lost due to 

not meeting the landing requirement is 

expected to directly benefit 43 vessels 

by allowing them to retain their limited 

access rock shrimp endorsements. By 

retaining their endorsements, these 

vessels are able to retain the market 

value of their endorsements, which is 

estimated to be $5,000. Further, they 

will retain their ability to participate in 

the fishery, which in the short term is 

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50702 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

expected to increase these vessels’ 

average total revenue by $4,600 per 

vessel but could be greater in the long 

term if they increase their level of 

participation in the fishery. 

The action to reinstate limited access 

rock shrimp endorsements for those 

vessel owners who renewed their open 

access permit in the year in which they 

failed to renew their limited access 

endorsement is expected to directly 

benefit 5 vessels by reinstating their 

endorsements. At present, these vessels’ 

endorsements have been terminated and 

thus cannot be used to participate in the 

fishery and in turn have no market 

value. Reinstatement of these 

endorsements will allow these vessels to 

regain the market value of their 

endorsements, which is estimated to be 

$5,000. Further, they will regain their 

ability to participate in the fishery, 

which in the short term is expected to 

increase these vessels’ average total 

revenue by $6,000 per vessel but could 

be greater in the long term if they 

increase their level of participation in 

the fishery. 

The action to rename the rock shrimp 

permit and endorsement is expected to 

directly benefit 130 vessels by reducing 

the number of permits these vessels 

must possess and pay for in order to 

participate in the limited access rock 

shrimp fishery. The annual benefit is 

only $10 per vessel and therefore 

minimal. 

The action to require all South 

Atlantic shrimp permit holders to 

provide economic data if selected is 

expected to adversely affect 401 vessels 

by requiring a sample to provide 

economic data on an annual basis. 

However, this reporting requirement 

would only impose an annual 

opportunity cost of approximately $15 

per vessel. Therefore, this action is not 

expected to increase these vessels’ 

operating costs and thus would not be 

expected to decrease their profits. 

Three alternatives, including the 

status quo, were considered for the 

action to remove the 15,000–lb (6,804– 

kg) rock shrimp landing requirement. 

The first alternative, the status quo, 

would retain the landing requirement. 

In the long term, retention of the 

landing requirement would be expected 

to significantly and permanently reduce 

the maximum fleet size in the rock 

shrimp fishery. Specifically, the 

maximum fleet size under this 

alternative would only be 

approximately 37 percent of the 

Council’s desired fleet size and 44 

percent of its current fleet size. Such a 

result would be inconsistent with the 

Council’s objective of retaining 

sufficient productive capacity in the 

fishery in order to support the onshore 

infrastructure. The second alternative to 

the proposed removal of the landing 

requirement would have reduced the 

landing requirement from 15,000 lb 

(6,804 kg) in at least one out of every 

four calendar years to 7,500 lb (3,402 kg) 

in at least one out of every four calendar 

years. Although this represents a 50– 

percent reduction in the landings 

requirement, few additional vessels 

would be able to meet this requirement 

relative to the 15,000–lb (6,804–kg) 

requirement. Therefore, similar to the 

status quo, this alternative would result 

in a significant and permanent 

reduction in the rock shrimp fishery’s 

long-term maximum fleet size. 

Specifically, the maximum fleet size 

under this alternative would only be 

approximately 39 percent of the 

Council’s desired fleet size and 47 

percent of its current fleet size. Such a 

result would be inconsistent with the 

Council’s objective of retaining 

sufficient productive capacity in the 

fishery in order to support the onshore 

infrastructure. 

Three alternatives, including the 

status quo, were considered for the 

action to reinstate endorsements lost 

due to not meeting the 15,000–lb 

(6,804–kg) rock shrimp landing 

requirement at the end of the 2007 

calendar year. The first alternative, the 

status quo, would not reinstate 

endorsements lost due to not meeting 

the 15,000–lb (6,804–kg) rock shrimp 

landing requirement at the end of the 

2007 calendar year. Of the 125 vessels 

currently possessing active or renewable 

endorsements, 83 vessels were required 

to meet the landing requirement by the 

end of the 2007 calendar year. However, 

43 vessels did not meet the landing 

requirement and thus their 

endorsements were not eligible for 

renewal in 2008. Upon these 

endorsements’ termination, the 

maximum fleet size would be 

permanently reduced from 125 vessels 

to 82 vessels. Such a significant and 

permanent reduction in the maximum 

fleet size would be inconsistent with the 

Council’s objective of retaining 

sufficient productive capacity in the 

fishery in order to support the onshore 

infrastructure. The second alternative 

considered for this action would 

reinstate endorsements to vessels 

landing at least 7,500 lb (3,402 kg) of 

rock shrimp in one of four consecutive 

calendar years. This alternative would 

only allow three more vessels with 

active or renewable endorsements to 

remain in the fishery relative to the noaction alternative. Hence, this 

alternative did not adequately address 

the Council’s objective. 

Three alternatives, including the 

status quo, were considered for the 

action to reinstate endorsements lost 

through failure to renew for vessels that 

renewed their open access permits. The 

first alternative, the status quo, would 

not reinstate endorsements that were 

lost through failure to renew for vessels 

that renewed their open access permits. 

At present, an open access permit is 

needed to harvest rock shrimp in the 

EEZ off of North and South Carolina 

while both the open access permit and 

the limited access endorsement are 

needed to harvest rock shrimp in the 

EEZ off of Georgia and east Florida. Five 

vessels that previously possessed 

endorsements renewed their open 

access permits but failed to 

simultaneously renew their 

endorsements. By renewing their open 

access permits, these vessels indicated 

that they intended to continue 

participating in the limited access 

component of the fishery in the future. 

Their failure to renew their 

endorsements at the same time may 

have been the result of confusion over 

the application and renewal process 

associated with the open access permit 

and the limited access endorsement. 

The Council does not consider the 

permanent loss of these endorsements to 

be an equitable outcome. Further, the 

unintended loss of these endorsements 

from the fishery is inconsistent with the 

Council’s objective of retaining 

sufficient productive capacity in order 

to support the onshore infrastructure. 

The second alternative would extend 

the time allowed to renew endorsements 

by one calendar year after the effective 

date of this action. The outcome of this 

alternative is uncertain as it is 

dependent on whether the five affected 

vessel owners take the proper actions 

within the specified time period. Any 

vessel owners that did not would not 

have their vessels’ endorsements 

reinstated, which in turn would result 

in an unintended and undesired 

reduction in the maximum fleet size, 

and, thus, this alternative is also 

potentially inconsistent with the 

Council’s objective of retaining 

sufficient productive capacity in order 

to support the onshore infrastructure. 

Two alternatives, including the status 

quo, were considered for the action to 

rename the rock shrimp permit and 

endorsement. At present, an open access 

permit is needed to harvest rock shrimp 

in the EEZ off of North and South 

Carolina while both the open access 

permit and the limited access 

endorsement are needed to harvest rock 

shrimp in the EEZ off of Georgia and 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50703 

east Florida. Five vessels have already 

lost their endorsements possibly due to 

confusion associated with the current 

naming practice and more could be lost 

in the future. This unintended loss of 

additional endorsements from the 

fishery in the future possibly due to 

vessel owners’ confusion with the 

current naming practice is inconsistent 

with the Council’s objective of retaining 

sufficient productive capacity in order 

to support the onshore infrastructure. 

Two alternatives, including the status 

quo, were considered for the action to 

specify VMS requirements for owners of 

vessels with limited access rock shrimp 

endorsements. The alternative to require 

VMS verification for all vessels with 

limited access endorsements, which 

would include those not operating in 

South Atlantic waters, could cause some 

vessel owners to relinquish their limited 

access endorsements, particularly those 

whose vessels are very small by 

industry standards and thus 

technologically incapable of supporting 

a VMS. Twenty-one vessels would be 

impacted by this alternative possibly 

resulting in additional reductions in the 

number of limited access endorsements. 

This is inconsistent with the Council’s 

objective of retaining sufficient 

productive capacity in the fishery in 

order to support the onshore 

infrastructure. 

Three alternatives, including the 

status quo, were considered for the 

action to require all South Atlantic 

shrimp permit holders to provide 

economic data if selected. The first 

alternative, the status quo, would not 

require South Atlantic shrimp permit 

holders to provide economic data. At 

present, economic data are lacking for 

the South Atlantic shrimp fisheries. The 

lack of such data makes it difficult for 

the Council to conduct regulatory 

impacts analyses that meet the 

requirements of the Magnuson-Stevens 

Act, National Environmental Protection 

Act, the Regulatory Flexibility Act, E.O. 

12866, and other Federal statutes. 

Further, the reauthorized MagnusonStevens Act explicitly states that all 

fishery management plans must indicate 

all economic information necessary to 

meet the requirements of the Act. Thus, 

these data are needed in order for the 

Council to comply with these various 

mandates. Furthermore, the lack of such 

data can lead to potentially misleading 

information and guidance. Such 

misinformation can adversely affect 

decisions made by the Council and 

NMFS and thereby lead to unforeseen 

and unintended adverse economic and 

social consequences on fishery 

participants. The second alternative 

would require all shrimp permit holders 

to provide economic data each year. In 

effect, this alternative would require a 

census rather than a sample of permit 

holders to provide the necessary 

economic data. A census of permit 

holders is not required to provide 

statistically accurate and reliable 

estimates of important economic 

variables for the fishery and thus would 

constitute an unnecessarily onerous 

time burden on fishery participants. 

Copies of the FRFA are available from 

NMFS (see ADDRESSES). 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ As part of the 

rulemaking process, NMFS prepared a 

fishery bulletin, which also serves as a 

small entity compliance guide. The 

fishery bulletin will be sent to all vessel 

permit holders for the South Atlantic 

shrimp fishery. 

This final rule contains a collectionof-information requirement subject to 

the Paperwork Reduction Act (PRA) and 

which has been approved by OMB 

under control number 0648–0591. 

NMFS will collect economic data from 

shrimp vessel owners who operate in 

Federal waters of the South Atlantic. 

The public reporting burden for this 

collection of information is estimated to 

average 45 minutes per response. This 

estimate of the public reporting burden 

includes the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA unless that 

collection of information displays a 

currently valid OMB control number. 

List of Subjects 

15 CFR Part 902 

Reporting and recordkeeping 

requirements. 

50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: September 25, 2009 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 15 CFR Chapter IX and 50 

CFR Chapter VI are amended as follows: 

15 CFR Chapter IX 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, the table in paragraph 

(b), under 50 CFR is amended, by 

adding in numerical order the entry 

‘‘622.5(a)(1)(vii)’’, to read as follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section where the 

information collection requirement is located 

Current OMB 

control number (All numbers begin 

with 0648–) 

*****

50 CFR 

*****

622.5(a)(1)(vii) –0591 

*****

50 CFR Chapter VI 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 3. The authority citation for part 622 

continues to read as follows: 

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

■ 4. In § 622.4, in the first sentence of 

paragraph (g)(1), the words ‘‘commercial 

vessel permit for South Atlantic rock 

shrimp’’ are removed and the words 

‘‘Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ)’’ are added 

in their place, and paragraph (a)(2)(viii) 

is revised to read as follows: 

§ 622.4 Permits and fees. 

(a) * * * 

(2) * * * 

(viii) South Atlantic rock shrimp. (A) 

Until January 27, 2010, the permit 

requirements specified in paragraphs 

(a)(2)(viii)(A)(1) and (2) of this section 

apply. 

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50704 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

(1) For a person aboard a vessel to fish 

for rock shrimp in the South Atlantic 

EEZ or possess rock shrimp in or from 

the South Atlantic EEZ, a commercial 

vessel permit for rock shrimp must be 

issued to the vessel and must be on 

board. (See paragraph (a)(5) of this 

section for the requirements for operator 

permits for the South Atlantic rock 

shrimp fishery.) 

(2) In addition, for a person aboard a 

vessel to fish for rock shrimp in the 

South Atlantic EEZ off Georgia or off 

Florida or possess rock shrimp in or 

from the South Atlantic EEZ off Georgia 

or off Florida, a limited access 

endorsement for South Atlantic rock 

shrimp must be issued to the vessel and 

must be on board. See § 622.19 for 

limitations on the issuance, transfer, 

renewal, and reissuance of a limited 

access endorsement for South Atlantic 

rock shrimp. 

(B) During January 2010, and prior to 

January 26, 2010, a currently valid (not 

expired) commercial vessel permit for 

rock shrimp with an expiration date 

after January 27, 2010, that does not 

have a limited access endorsement for 

South Atlantic rock shrimp will be 

replaced by the RA with a Commercial 

Vessel Permit for Rock Shrimp 

(Carolinas Zone), and a currently valid 

(not expired) commercial vessel permit 

for rock shrimp with an expiration date 

after January 27, 2010, that has a limited 

access endorsement for South Atlantic 

rock shrimp will be replaced by the RA 

with a Commercial Vessel Permit for 

Rock Shrimp (South Atlantic EEZ). 

However, a person with an expired 

limited access endorsement for South 

Atlantic rock shrimp who desires a 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) must 

apply for such a permit before the date 

1 year after the expiration date of the 

expired limited access endorsement for 

South Atlantic rock shrimp. 

(C) On and after January 27, 2010, the 

permit requirements specified in 

paragraphs (a)(2)(viii)(C)(1) and (2) of 

this section apply. 

(1) For a person aboard a vessel to fish 

for rock shrimp in the South Atlantic 

EEZ off North Carolina or off South 

Carolina or possess rock shrimp in or 

from the South Atlantic EEZ off those 

states, a Commercial Vessel Permit for 

Rock Shrimp (Carolinas Zone) or a 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) must be 

issued to the vessel and must be on 

board. 

(2) For a person aboard a vessel to fish 

for rock shrimp in the South Atlantic 

EEZ off Georgia or off Florida or possess 

rock shrimp in or from the South 

Atlantic EEZ off those states, a 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) must be 

issued to the vessel and must be on 

board. A Commercial Vessel Permit for 

Rock Shrimp (South Atlantic EEZ) is a 

limited access permit. See § 622.19(b) 

for limitations on the issuance, transfer 

or renewal of a Commercial Vessel 

Permit for Rock Shrimp (South Atlantic 

EEZ). 

(D) The provisions of paragraph (f) of 

this section notwithstanding, neither a 

commercial vessel permit for rock 

shrimp nor a limited access 

endorsement for South Atlantic rock 

shrimp remains valid on or after January 

27, 2010. 

* * * * * 

■ 5. In § 622.5, paragraph (a)(1)(vii) is 

revised to read as follows: 

§ 622.5 Recordkeeping and reporting. 

* * * * * 

(a) * * * 

(1) * * * 

* * * * * 

(vii) South Atlantic shrimp. The 

owner or operator of a vessel that fishes 

for shrimp in the South Atlantic EEZ or 

in adjoining state waters, or that lands 

shrimp in an adjoining state, must 

provide information for any fishing trip, 

as requested by the SRD, including, but 

not limited to, vessel identification, 

gear, effort, amount of shrimp caught by 

species, shrimp condition (heads on/ 

heads off), fishing areas and depths, and 

person to whom sold. 

* * * * * 

■ 6. In § 622.6, the heading for 

paragraph (b)(1)(i)(B) is revised to read 

as follows: 

§ 622.6 Vessel and gear identification. 

* * * * * 

(b) * * * 

(1) * * * 

(i) * * * 

(B) South Atlantic EEZ. * * * 

* * * * * 

■ 7. In § 622.9, the first sentence of 

paragraph (a)(1) is revised to read as 

follows: 

§ 622.9 Vessel monitoring systems 

(VMSs). 

(a) Requirements for use of a VMS— 

(1) South Atlantic rock shrimp. An 

owner or operator of a vessel that has 

been issued a limited access 

endorsement for South Atlantic rock 

shrimp or a Commercial Vessel Permit 

for Rock Shrimp (South Atlantic EEZ) 

must ensure that such vessel has an 

operating VMS approved by NMFS for 

use in the South Atlantic rock shrimp 

fishery on board when on a trip in the 

South Atlantic. * * * 

* * * * * 

■ 8. § 622.19 is revised to read as 

follows: 

§ 622.19 South Atlantic rock shrimp 

limited access off Georgia and Florida. 

(a) Initial applicability. (1) The 

measures in paragraph (a) of this section 

are applicable on November 2, 2009 

through January 26, 2010. 

(2) For a person aboard a vessel to fish 

for rock shrimp in the South Atlantic 

EEZ off Georgia or off Florida or possess 

rock shrimp in or from the South 

Atlantic EEZ off Georgia or off Florida, 

a limited access endorsement for South 

Atlantic rock shrimp must be issued to 

the vessel and must be on board. 

(3) A limited access endorsement for 

South Atlantic rock shrimp is valid only 

for the vessel and owner named on the 

permit/endorsement. To change either 

the vessel or the owner, a complete 

application for transfer must be 

submitted to the RA. An owner of a 

vessel with an endorsement may request 

that the RA transfer the endorsement to 

another vessel owned by the same 

entity, to the same vessel owned by 

another entity, or to another vessel with 

another owner. A transfer of an 

endorsement under this paragraph will 

include the transfer of the vessel’s entire 

catch history of South Atlantic rock 

shrimp to a new owner; no partial 

transfers are allowed. No transfer of a 

limited access endorsement for South 

Atlantic rock shrimp will be allowed 

after November 2, 2009. 

(4) The RA will not reissue a limited 

access endorsement for South Atlantic 

rock shrimp if the endorsement is 

revoked or if the RA does not receive a 

complete application for renewal of the 

endorsement within 1 year after the 

endorsement’s expiration date. 

(b) Subsequent applicability. (1) The 

measures in paragraph (b) of this section 

are applicable on and after January 27, 

2010. 

(2) For a person aboard a vessel to fish 

for rock shrimp in the South Atlantic 

EEZ off Georgia or off Florida or possess 

rock shrimp in or from the South 

Atlantic EEZ off those states, a 

Commercial Permit for Rock Shrimp 

(South Atlantic EEZ) must be issued to 

the vessel and must be on board. 

(3) Applications. No applications for 

additional Commercial Vessel Permits 

for Rock Shrimp (South Atlantic EEZ) 

will be accepted, except as follows: 

(i) Failure to renew. An owner of a 

vessel may apply for a Commercial 

Vessel Permit for Rock Shrimp (South 

Atlantic EEZ) and such permit will be 

issued provided the owner, 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50705 

(A) Had a limited access endorsement 

for South Atlantic rock shrimp; 

(B) Failed to request renewal of his or 

her endorsement within 1 year after the 

endorsement’s expiration date; and 

(C) Renewed his or her commercial 

vessel permit for rock shrimp within 1 

year after its expiration date. 

(ii) Inactive endorsement. An owner 

of a vessel may apply for a Commercial 

Vessel Permit for Rock Shrimp (South 

Atlantic EEZ) and such permit will be 

issued provided the owner, 

(A) Has a commercial vessel permit 

for rock shrimp; 

(B) Had a limited access endorsement 

for South Atlantic rock shrimp and; 

(C) Was unable to renew the 

endorsement because the endorsement 

was ‘‘inactive’’ for a period of 4 

consecutive calendar years. ‘‘Inactive’’ 

means that the vessel with the 

endorsement did not land at least 

15,000 lb (6,804 kg) of rock shrimp from 

the South Atlantic EEZ in a calendar 

year. 

(iii) Application period. Applications 

under paragraph (b)(3) of this section 

must be received by NMFS by January 

27, 2011. 

(iv) Continuity of ownership. An 

applicant who believes he or she meets 

the permit eligibility criteria based on 

ownership of a vessel under a different 

name, as may have occurred when 

ownership has changed from individual 

to corporate or vice versa, must 

document his or her continuity of 

ownership. 

(c) Transfer of an existing permit. A 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) is valid 

only for the vessel and owner named on 

the permit. To change either the vessel 

or the owner, a complete application for 

transfer must be submitted to the RA. 

An owner of a vessel with a permit may 

request that the RA transfer a valid 

permit to another vessel owned by the 

same entity, to the same vessel owned 

by another entity, or to another vessel 

with another owner. A transfer of a 

permit under this paragraph will 

include the transfer of the vessel’s entire 

catch history of South Atlantic rock 

shrimp to a new owner; no partial 

transfers are allowed. 

(d) Renewal. The RA will not reissue 

a Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) if the 

permit is revoked or if the RA does not 

receive an application for renewal of the 

permit within 1 year after the expiration 

date of the permit. 

(e) Limitation on permits. A vessel for 

which a permit for South Atlantic rock 

shrimp is required may be issued either 

a Commercial Vessel Permit for Rock 

Shrimp (Carolinas Zone) or a 

Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ), 

depending on its eligibility. However, 

no such vessel may be issued both 

permits for the same period of 

effectiveness. 

■ 9. In § 622.34, a heading is added to 

paragraph (k)(1) to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(k) * * * 

(1) Descriptions of Areas. * * * 

* * * * * 

■ 10. In § 622.41, paragraphs (a)(4)(i)— 

(a)(4)(iii) are added to read as follows: 

§ 622.41 Species specific limitations. 

* * * * * 

(a) * * * 

(4) * * * 

(i) Permit number of site to be 

harvested and date of harvest. 

(ii) Name and official number of the 

vessel to be used in harvesting. 

(iii) Date, port, and facility at which 

aquacultured live rock will be landed. 

* * * * * 

[FR Doc. E9–23703 Filed 9–30–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9458] 

RIN 1545–BI72 

Modification to Consolidated Return 

Regulation Permitting an Election To 

Treat a Liquidation of a Target, 

Followed by a Recontribution to a New 

Target, as a Cross-Chain 

Reorganization; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to temporary 

regulations. 

SUMMARY: This document contains 

corrections to temporary regulations (TD 

9458) that were published in the 

Federal Register on Friday, September 

4, 2009 (74 FR 45757) modifying the 

election under which a consolidated 

group can avoid immediately taking into 

account an intercompany item after the 

liquidation of a target corporation. This 

modification was made necessary in 

light of the regulations under section 

368 that were issued in October 2007 

addressing transfers of assets or stock 

following a reorganization. 

DATES: These regulations are effective 

on October 1, 2009, and are applicable 

on September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mary W. Lyons, (202) 622–7930 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The temporary regulations that are the 

subject of this document are under 

section 1502 of the Internal Revenue 

Code. 

Need for Correction 

As published, the temporary 

regulations (TD 9458) contain errors that 

may prove to be misleading and are in 

need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

temporary regulations (TD 9458), which 

were the subject of FR Doc. E9–21324, 

is corrected as follows: 

1. On page 45757, column 2, in the 

preamble, under the caption DATES:, line 

12, the language ‘‘§ 1.1502–13(f)(ii)(B)(1) 

and (2) in effect’’ is corrected to read 

‘‘§ 1.1502–13(f)(5)(ii)(B)(1) and (2) in 

effect’’. 

2. On page 45758, column 1, in the 

preamble, under the paragraph heading 

‘‘1. Results Prior to the Issuance of 

§ 1.368–2(k) Regulations’’, last line of 

the third paragraph of the column, the 

language ‘‘accomplished. See § 1.1502– 

13(a)(1)).’’ is corrected to read 

‘‘accomplished. See § 1.1502–13(a)(1).’’. 

3. On page 45758, column 2, in the 

preamble, under the paragraph heading 

‘‘2. Results After the Issuance of 

§ 1.368–2(k) Regulations’’, line 7 from 

the bottom of the first paragraph of the 

column, the language ‘‘of assets, and 

would no longer be’’ is corrected to read 

‘‘of assets, and could no longer be’’. 

4. On page 45758, column 3, in the 

preamble, under the paragraph heading 

‘‘5. Effective/Applicability Date’’, line 

10, the language ‘‘13(f)(ii)(B)(1) and (2) 

in effect prior to’’ is corrected to read 

‘‘13(f)(5)(ii)(B)(1) and (2) in effect prior 

to’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E9–23646 Filed 9–30–09; 8:45 am] 

BILLING CODE 4830–01–P 

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