Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 51241 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 7, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 16, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

adding paragraph (c)(189) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(189) On December 19, 2007, Indiana 

submitted modifications to its Federally 

Enforceable State Operating Permits 

rules as a revision to the state 

implementation plan. The revision 

extends the maximum permit term for 

renewals of Federally Enforceable State 

Operating Permits from five years to ten 

years. EPA has determined that this 

revision is approvable under the Clean 

Air Act. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326, Article 2: Permit Review Rules, 

sections 2–1.1–9.5, ‘‘General provisions; 

term of permit’’, and 2–8–4, ‘‘Permit 

content’’, are incorporated by reference. 

Filed with the Publisher of the Indiana 

Register on November 16, 2007, and 

became effective on December 16, 2007. 

Published in the Indiana Register on 

December 13, 2007 (20071212–IR– 

326060487FRA). 

[FR Doc. E9–23938 Filed 10–5–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XR10 

Atlantic Highly Migratory Species; 

Inseason Action to Close the 

Commercial Sandbar Shark Research 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishery closure. 

SUMMARY: NMFS is closing the 

commercial sandbar shark research 

fishery. This action is necessary because 

NMFS estimated that landings in this 

fishery have exceeded 80 percent of the 

available quota. 

DATES: The commercial sandbar shark 

research fishery is closed effective 11:30 

p.m. local time October 13, 2009, until 

the effective date of the final 2010 shark 

season specifications in which NMFS 

will publish a separate document in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz or Guy DuBeck, 

301–713–2347; fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the 2006 Consolidated Atlantic 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and its implementing 

regulations found at 50 CFR part 635 

and issued under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Under § 635.5(b)(1), shark dealers are 

required to report to NMFS, every two 

weeks, on all Atlantic sharks they have 

received. Dealer reports for fish received 

between the 1st and 15th of the month 

must be received by NMFS by the 25th 

of that month. Dealer reports for fish 

received between the 16th and the end 

of any month must be received by 

NMFS by the 10th of the following 

month. In addition, shark landings 

within the shark research fishery are 

monitored via scientific observer 

reports. Under 50 CFR 635.28(b)(2), 

when NMFS projects that fishing season 

landings for a specific shark quota have 

reached or are about to reach 80 percent 

of the available quota, NMFS will file 

for publication with the Office of the 

Federal Register a notice of closure for 

that shark species group that will be 

effective no fewer than 5 days from the 


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51242 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Rules and Regulations 

date of filing. From the effective date 

and time of the closure until NMFS 

announces, via a notice in the Federal 

Register, that additional quota is 

available and the season is reopened, 

the fishery for that specific quota is 

closed, even across fishing years. 

On December 24, 2008, NMFS 

announced that the sandbar shark quota 

for the shark research fishery for the 

2009 fishing year would be 87.5 metric 

tons (mt) dressed weight (dw) (193,784 

lb dw). Scientific observer reports 

received through June 26, 2009, and 

dealer reports through August 26, 2009, 

indicate that 79.6 mt dw or 90.5 percent 

of the available quota for the sandbar 

shark research fishery has been taken. 

Accordingly, NMFS is closing the 

commercial sandbar shark research 

fishery as of 11:30 p.m. local time 

October 13, 2009. The SCS and pelagic 

shark fisheries will remain open. 

During this closure, a fishing vessel, 

issued an Atlantic Shark Limited Access 

Permit (LAP) pursuant to § 635.4, may 

not possess or sell a sandbar shark, 

except under the conditions specified in 

§ 635.22(a) and (c) or if the vessel 

possesses a valid shark research permit 

under § 635.32 and an NMFS-approved 

observer is onboard. A shark dealer, 

issued a permit pursuant to § 635.4, may 

not purchase or receive sandbar sharks, 

except that a permitted shark dealer or 

processor may possess sandbar sharks 

that were harvested, off-loaded, and 

sold, traded, or bartered, prior to the 

effective date of the closure and were 

held in storage. Additionally, a shark 

dealer issued a Federal permit, pursuant 

to § 635.4 may, in accordance with state 

regulations, purchase or receive a 

sandbar shark if the shark was 

harvested, off-loaded, and sold, traded, 

or bartered from a vessel that fishes only 

in state waters and had not been issued 

a Shark LAP, HMS Angling permit, or 

HMS CHB permit under § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the 

fisheries are currently underway, and 

any delay in this action would cause 

overharvest of the quota and be 

inconsistent with management 

requirements and objectives. Similarly, 

affording prior notice and opportunity 

for public comment on this action is 

contrary to the public interest because, 

if the quota is exceeded, the affected 

public is likely to experience reductions 

in the available quota and a lack of 

fishing opportunities in future seasons. 

Thus, for these reasons, the AA also 

finds good cause to waive the 30–day 

delay in effective date pursuant to 5 

U.S.C. 553 (d)(3). 

This action is required under 50 CFR 

635.28(b)(2) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 29, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–23951 Filed 10–5–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XS04 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the 2009 total allowable catch (TAC) of 

pollock for Statistical Area 630 in the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 1, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 TAC of pollock in Statistical 

Area 630 of the GOA is 11,058 metric 

tons (mt) as established by the final 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the 2009 TAC of 

pollock in Statistical Area 630 of the 

GOA will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 10,800 mt, and is setting 

aside the remaining 258 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for pollock in Statistical 

Area 630 of the GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 closure of pollock in 

Statistical Area 630 of the GOA. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of September 

30, 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 § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: October 1, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24074 Filed 10–1–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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