Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48421 

[FR Doc. E9–22934 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 52 

Federal Acquisition Regulation; 

Solicitation Provisions and Contract 

Clauses 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapter 1 (Parts 52 to 99), 

revised as of October 1, 2008, on page 

123, in section 52.219–9, in the clause, 

move paragraph (d)(2)(vi), which 

precedes paragraph (d)(2)(v), to follow 

paragraph (d)(2)(v); remove the second 

paragraph (d)(2)(vi); and reinstate 

paragraph (d)(2)(iv) to read as follows: 

52.219–9 Small business subcontracting 

plan. 

* * * * * 

(d) * * * 

(2) * * * 

(iv) Total dollars planned to be 

subcontracted to service-disabled 

veteran-owned small business; 

* * * * * 

[FR Doc. E9–23053 Filed 9–22–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF ENERGY 

48 CFR Part 909 

Acquisition Regulation; Contractor 

Qualifications 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapters 7 to 14, revised as 

of October 1, 2008, on page 300, 

reinstate section 909.405 to read as 

follows: 

909.405 Effect of listing. (DOE coverage— 

paragraph (e), (f), (g) and (h)) 

(e) The Department of Energy may not 

solicit offers from, award contracts to or 

consent to subcontract with contractors 

debarred, suspended or proposed for 

debarment unless the Deputy Assistant 

Secretary for Procurement and 

Assistance Management makes a written 

determination justifying that there is a 

compelling reason for such action in 

accordance with FAR 9.405(a). 

(f) DOE may disapprove or not 

consent to the selection (by a contractor) 

of an individual to serve as a principal 

investigator, as a project manager, in a 

position of responsibility for the 

administration of Federal funds, or in 

another key personnel position, if the 

individual is on the GSA List. 

(g) DOE shall not conduct business 

with an agent or representative of a 

contractor if the agent’s or 

representative’s name appears on the 

GSA List. 

(h) DOE shall review the GSA List 

before conducting a preaward survey or 

soliciting proposals, awarding contracts, 

renewing or otherwise extending the 

duration of existing contracts, or 

approving or consenting to the award, 

extension, or renewal of subcontracts. 

[61 FR 39857, July 31, 1996; 61 FR 41684, 

Aug. 9, 1996] 

[FR Doc. E9–23051 Filed 9–22–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No.0812171612–9134–02] 

RIN 0648–XR63 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific sardine off the coasts 

of Washington, Oregon and California. 

This action is necessary because the 

directed harvest allocation total for the 

third seasonal period (September 15– 

December 31) is projected to be reached 

by the effective date of the rule. From 

the effective date of this rule until 

December 31, 2009, Pacific sardine can 

only be harvested as part of the live bait 

fishery or incidental to other fisheries; 

the incidental harvest of Pacific sardine 

is limited to 20–percent by weight of all 

fish per trip. Fishing vessels must be at 

shore and in the process of offloading at 

12:01 am Pacific Daylight Time on date 

of closure. 

DATES: Effective 12:01 am Pacific 

Daylight Time (PDT) September 23, 

2009, through December 31, 2009 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, Southwest Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: This 

document announces that based on the 

best available information recently 

obtained from the fishery and 

information on past effort, the directed 

fishing harvest allocation for the third 

allocation period (September 15 - 

December 31) will be reached and 

therefore directed fishing for Pacific 

sardine is being closed until December 

31, 2009. Fishing vessels must be at 

shore and in the process of offloading at 

the time of closure. From 12:01 am on 

the date of closure until December 31, 

2009, Pacific sardine may be harvested 

only incidental to other fisheries, with 

the incidental harvest of Pacific sardine 

limited to 20–percent by weight of all 

fish caught during a trip. 

NMFS manages the Pacific sardine 

fishery in the U.S. exclusive economic 

zone (EEZ) off the Pacific coast 

(California, Oregon, and Washington) in 

accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). Annual specifications published 

in the Federal Register establish the 

harvest guideline (HG) and allowable 

harvest levels for each Pacific sardine 

fishing season (January 1 - December 

31). If during any of the seasonal 

allocation periods the applicable 

adjusted directed harvest allocation is 

projected to be taken, only incidental 

harvest is allowed and, for the 

remainder of the period, any incidental 

Pacific sardine landings will be counted 

against that period’s incidental set 

aside. In the event that an incidental setaside is projected to be attained, all 

fisheries will be closed to the retention 

of Pacific sardine for the remainder of 

the period via appropriate rulemaking. 

Under 50 CFR 660.509 if the total HG 

or these apportionment levels for Pacific 

sardine are reached at any time, NMFS 

is required to close the Pacific sardine 

fishery via appropriate rulemaking and 

it is to remain closed until it re-opens 

either per the allocation scheme or the 

beginning of the next fishing season. In 

accordance with § 660.509 the Regional 

Administrator shall publish a notice in 

the Federal Register announcing the 

date of the closure of the directed 

fishery for Pacific sardine. 

The above in-season harvest 

restrictions are not intended to affect the 

prosecution the live bait portion of the 

Pacific sardine fishery. 

Classification 

This action is required by 50 CFR 

660.509 and is exempt from Office of 

Management and Budget review under 

Executive Order 12866. 

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48422 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

NMFS 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) for the closure of the 

July 1–September 14 directed harvest of 

Pacific sardine. For the reasons set forth 

below, notice and comment procedures 

are impracticable and contrary to the 

public interest. For the same reasons, 

NMFS also finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effectiveness for this action. 

This measure responds to the best 

available information and is necessary 

for the conservation and management of 

the Pacific sardine resource. A delay in 

effectiveness would cause the fishery to 

exceed the in-season harvest level. 

These seasonal harvest levels are 

important mechanisms in preventing 

overfishing and managing the fishery at 

optimum yield. The established directed 

and incidental harvest allocations are 

designed to allow fair and equitable 

opportunity to the resource by all 

sectors of the Pacific sardine fishery and 

to allow access to other profitable CPS 

fisheries, such as squid and Pacific 

mackerel. Many of the same fishermen 

who harvest Pacific sardine rely on 

these other fisheries for a significant 

portion of their income. 

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

Dated: September 14, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–22910 Filed 9–18–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 0908131233–91275–02] 

RIN 0648–XQ14 

Fisheries in the Western Pacific; 

Bottomfish and Seamount Groundfish 

Fisheries; 2009–10 Main Hawaiian 

Islands Bottomfish Total Allowable 

Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final specification. 

SUMMARY: NMFS specifies a total 

allowable catch (TAC) of 254,050 lb 

(115,235 kg) of Deep 7 bottomfish in the 

main Hawaiian Islands (MHI) for the 

2009–10 fishing year. 

DATES: This final specification is 

effective October 23, 2009. 

ADDRESSES: Copies of the Fishery 

Management Plan for Bottomfish and 

Seamount Groundfish Fisheries of the 

Western Pacific Region (Bottomfish 

FMP) and related Environmental Impact 

Statement are available from the 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813, tel 

808–522–8220, fax 808–522–8226, or 

www.wpcouncil.org. 

An environmental assessment (EA), 

was prepared that describes the impact 

on the human environment that would 

result from this action. Based on the 

environmental impact analysis 

presented in the EA, NMFS prepared a 

finding of no significant impact 

(FONSI). Copies of the EA and FONSI 

are available from www.regulations.gov, 

the Council, or William L. Robinson, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd. 1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, Sustainable Fisheries 

Division, NMFS PIR, 808–944–2108. 

SUPPLEMENTARY INFORMATION: This final 

specification is also accessible at 

www.gpoaccess.gov/fr. 

NMFS specifies a TAC for the 2009– 

10 fishing year of 254,050 lb (115,235 

kg) of Deep 7 bottomfish in the MHI, as 

recommended by the Council, based on 

the best available scientific, commercial, 

and other information, taking into 

account the associated risk of 

overfishing. 

The MHI Management Subarea refers 

to the portion of U.S. Exclusive 

Economic Zone around the Hawaiian 

Archipelago lying to the east of 161° 20′ 

W. long. The Deep 7 bottomfish are 

onaga (Etelis coruscans), ehu (E. 

carbunculus), gindai (Pristipomoides 

zonatus), kalekale (P. sieboldii), 

opakapaka (P. filamentosus), lehi 

(Aphareus rutilans), and hapu‘upu‘u 

(Epinephelus quernus). 

When the TAC is projected to be 

reached, NMFS will close the noncommercial and commercial Deep 7 

bottomfish fisheries until the end of the 

fishing year (August 31, 2010). During a 

fishery closure for Deep 7 bottomfish, 

no person may fish for, possess, or sell 

any of these fish in the MHI, except as 

otherwise authorized by law. 

Specifically, fishing for, and the 

resultant possession or sale of, Deep 7 

bottomfish by vessels legally registered 

to Mau Zone, Ho omalu Zone, or Pacific 

Remote Island Areas bottomfish fishing 

permits, and conducted in compliance 

with all other laws and regulations, are 

not affected by the closure. There is no 

prohibition on fishing for or selling 

other non-Deep 7 bottomfish species 

throughout the year. 

All other management measures 

continue to apply in the MHI bottomfish 

fishery. The MHI bottomfish fishery 

reopened on September 1, 2009, and 

will continue until August 31, 2010, 

unless the fishery is closed prior to 

August 31 as a result of the TAC being 

reached. 

Additional background information 

on this final specification may be found 

in the preamble to the proposed 

specification published on August 24, 

2009 (74 FR 42641), and is not repeated 

here. 

Comments and Responses 

On August 24, 2009, NMFS published 

a proposed specification and request for 

public comments on the MHI bottomfish 

TAC (74 FR 42641). The comment 

period ended on September 8, 2009. 

NMFS did not receive any public 

comments. 

Classification 

The Regional Administrator, NMFS 

PIR, determined that this final 

specification is necessary for the 

conservation and management of the 

MHI bottomfish fishery, and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required, and none was prepared. 

This action is exempt from review 

under Executive Order 12866. 

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

Dated: September 17, 2009. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–22913 Filed 9–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

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