51798 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart D—Arizona 

■ 2. Section 52.120 is amended by: 

■ a. Revising paragraph (c)(38)(i)(A); 

■ b. Adding paragraph (c)(38)(i)(A)(1); 

and 

■ c. Adding paragraph (c)(50)(ii)(A)(1). 

The revision and additions read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(38) * * * 

(i) * * * 

(A) New or amended Regulation 10: 

Rules 101–103; Regulation 11: Rules 

111–113; Regulation 12: Rules 121–123; 

Regulation 13: Rules 131–137; 

Regulation 14: Rules 141 and 143–147; 

Regulation 15: Rule 151; Regulation 16: 

Rules 161–165; Regulation 17: Rules 

172–174; Regulation 18: Rules 181 and 

182; Regulation 20: Rules 201–205; 

Regulation 21: Rules 211–215; 

Regulation 22: Rules 221–226; 

Regulation 23: Rules 231–232; 

Regulation 24: Rules 241 and 243–248; 

Regulation 25: Rules 251 and 252; 

Regulation 30: Rules 301 and 302; 

Regulation 31: Rules 312–316 and 318; 

Regulation 32: Rule 321; Regulation 33: 

Rules 331 and 332; Regulation 34: Rules 

341–344; Regulation 40: Rules 402 and 

403; Regulation 41: 411–413; Regulation 

50: Rules 501–503 and 505–507; 

Regulation 51: Rules 511 and 512; 

Regulation 60: Rule 601; Regulation 61: 

Rule 611 (Paragraph A.1 to A.3) and 

Rule 612; Regulation 62: Rules 621–624; 

Regulation 63: Rule 631; Regulation 64: 

Rule 641; Regulation 70: Rules 701–705 

and 706 (Paragraphs A to C, D.3, D.4, 

and E); Regulation 71: Rules 711–714; 

Regulation 72: Rules 721 and 722; 

Regulation 80: Rules 801–804; 

Regulation 81: Rule 811; Regulation 82: 

Rules 821–823; Regulation 90: Rules 

901–904; Regulation 91: Rule 911 

(except Methods 13–A, 13–B, 14, and 

15), and Rules 912 and 913; Regulation 

92: Rules 921–924; and Regulation 93: 

Rules 931 and 932. 

(1) Previously approved on April 16, 

1982 in paragraph (c)(38)(i)(A) of this 

section and now deleted from the SIP 

without replacement Pima County 

Health Department Regulations: 

Regulation 13: Rules 131–137; 

Regulation 16: Rule 164; Regulation 18: 

Rules 181 and 182; Regulation 20: Rule 

205; Regulation 21: Rule 214; and 

Regulation 24: Rules 245–248. 

* * * * * 

(50) * * * 

(ii) * * * 

(A) * * * 

(1) Previously approved on June 18, 

1982 in paragraph (c)(50)(ii)(A) of this 

section and now deleted from the SIP 

without replacement Arizona Revised 

Statutes: sections 36–770, 36–774, 36– 

775, 36–776, 36–777, and 36–779. 

* * * * * 

Subpart DD—Nevada 

■ 3. Section 52.1470 is amended by: 

■ a. Adding paragraphs (c)(2)(i), 

(c)(14)(vii)(A), (c)(16)(viii)(D), and 

(c)(16)(ix)(A) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Previously approved on July 27, 

1972 in paragraph (c)(2) of this section 

and now deleted from the SIP without 

replacement Washoe County Air Quality 

Regulations: Rules 020.020, 020.030, 

020.075, and 040.055. 

* * * * * 

(14) * * * 

(vii) * * * 

(A) Previously approved on August 

27, 1981 in paragraph (c)(14)(vii) of this 

section and now deleted from the SIP 

without replacement Nevada Air 

Quality Regulations: Rule 2.11.7. 

* * * * * 

(16) * * * 

(viii) * * * 

(D) Previously approved on August 

27, 1981 in paragraph (c)(16)(viii) of this 

section and now deleted from the SIP 

without replacement Nevada Air 

Quality Regulations: Clark County 

District Board of Health Air Pollution 

Control Regulations: Section 3, Rule 3.1. 

(ix) * * * 

(A) Previously approved on August 

27, 1981 in paragraph (c)(16)(ix) of this 

section and now deleted from the SIP 

without replacement Washoe County 

Air Quality Regulations: Rules 

030.3105, 030.3107, and 030.3108. 

* * * * * 

[FR Doc. E9–24191 Filed 10–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XS12 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Yellowfin Sole in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2009 

yellowfin sole total allowable catch 

(TAC) assigned to the Bering Sea and 

Aleutian Islands trawl limited access 

sector to the Amendment 80 cooperative 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2009 total 

allowable catch of yellowfin sole to be 

fully harvested. 

DATES: Effective October 5, 2009, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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. 

The 2009 yellowfin sole TAC assigned 

to the Bering Sea and Aleutian Islands 

trawl limited access sector is 39,154 

metric tons (mt) and to the Amendment 

80 cooperative is 87,987 mt in the BSAI 

as established by the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). 

The Administrator, Alaska Region, 

NMFS, has determined that 6,000 mt of 

the yellowfin sole TAC assigned to the 

BSAI trawl limited access sector will 

not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 6,000 mt of yellowfin sole 

from the BSAI trawl limited access 

sector to the Amendment 80 cooperative 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51799 

in the BSAI. In accordance with 

§ 679.91(f), NMFS will reissue 

cooperative quota permits for the 

reallocated yellowfin sole following the 

procedures set forth in § 679.91(f)(3). 

The harvest specifications for 

yellowfin sole included in the harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009) 

are corrected as follows: 33,154 mt to 

the BSAI trawl limited access sector and 

93,987 mt to the Amendment 80 

cooperative in the BSAI. Table 7a is 

corrected as set forth below: 

TABLE 7a—FINAL 2009 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK

SOLE, AND YELLOWFIN SOLE TACS

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead sole Rock sole Yellowfin sole 

Eastern 

Aleutian 

district 

Central 

Aleutian 

district 

Western 

Aleutian 

district 

BSAI BSAI BSAI 

TAC .......................................................... 4,200 4,260 6,520 60,000 90,000 210,000 

CDQ ......................................................... 449 456 698 6,420 9,630 22,470 

ICA ........................................................... 100 10 10 4,500 5,000 2,000 

BSAI trawl limited access ........................ 365 379 116 0 0 33,154 

Amendment 80 ......................................... 3,286 3,415 5,696 49,080 75,370 146,376 

Amendment 80 limited access ................. 1,742 1,811 3,020 5,729 18,559 58,389 

Amendment 80 cooperatives ................... 1,543 1,604 2,676 43,351 56,811 93,987 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon yellowfin sole in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) The current catch of 

yellowfin sole by the BSAI trawl limited 

access sector and, (2) the harvest 

capacity and stated intent on future 

harvesting patterns of the Amendment 

80 cooperative that participates in this 

BSAI fishery. 

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 requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the reallocation of yellowfin sole 

from the BSAI trawl limited access 

sector to the Amendment 80 cooperative 

in the BSAI. Since the fishery is 

currently open, it is important to 

immediately inform the industry as to 

the revised allocations. Immediate 

notification is necessary to allow for the 

orderly conduct and efficient operation 

of this fishery, to allow the industry to 

plan for the fishing season, and to avoid 

potential disruption to the fishing fleet 

as well as processors. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 1, 2009. 

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 § 679.91 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 5, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24282 Filed 10–5–09; 4:15 pm] 

BILLING CODE 3510–22–P 


srobinson on DSKHWCL6B1PROD with RULES