52912 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 

Note: The report forms prescribed by part 

1248 are available upon request from the 

Economics, Environmental Analysis, and 

Administration, Surface Transportation 

Board, Washington, DC 20423–0001. 

PART 1253—RATE–MAKING 

ORGANIZATION; RECORDS AND 

REPORTS 

■ 84. The authority citation for part 

1253 continues to read as follows: 

Authority: 49 U.S.C. 721, 10706, 13703, 

11144, and 11145. 

■ 85. Revise the note to part 1253 to 

read as follows: 

Note: The report forms prescribed by part 

1253 are available upon request from the 

Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

■ 86. Amend § 1253.20 by revising 

paragraph (c) to read as follows: 

§ 1253.20 Other records. 

* * * * * 

(c) All rate bureaus are required to: 

(1) Advise the Board of any change in 

legal address by notifying the Chief, 

Section of Administration, Office of 

Proceedings; and 

(2) Submit information to the Board 

when requested. 

PARTS 1260–1269—VALUATION 

■ 87. Revise the note to parts 1260— 

1269 to read as follows: 

Note: The report forms prescribed by parts 

1260–1269 are available upon request from 

the Office of Economics, Environmental 

Analysis, and Administration, Surface 

Transportation Board, Washington, DC 

20423–0001. 

[FR Doc. E9–24674 Filed 10–14–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XS34 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish 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; modification of 

closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI). This action is 

necessary to fully use the 2009 total 

allowable catch (TAC) of northern 

rockfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 11, 2009, through 

1200 hrs, A.l.t., December 31, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 30, 2009. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by 0648–XS34, by 

any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal website at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) file formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Patty Britza, 907–586–7376. 

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. 

NMFS closed the directed fishery for 

northern rockfish in the BSAI under 

§ 679.20(d)(1)(iii) on January 1, 2009 (74 

FR 7359, February 17, 2009). 

As of October 7, 2009, NMFS has 

determined that approximately 4,794 

metric tons of northern rockfish remain 

unharvested in the BSAI. Therefore, in 

accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the 2009 TAC of northern 

rockfish in the BSAI, NMFS is 

terminating the previous closure and is 

opening directed fishing for northern 

rockfish in the BSAI. This will enhance 

the socioeconomic well-being of 

harvesters in this area. The 

Administrator, Alaska Region (Regional 

Administrator) considered the following 

factors in reaching this decision: (1) the 

current catch of northern rockfish in the 

BSAI and, (2) the harvest capacity and 

stated intent on future harvesting 

patterns of vessels in participating in 

this 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) and 679.25(c)(1)(ii) 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 

opening of northern rockfish in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of October 7, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

northern rockfish in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until October 26, 2009. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Rules and Regulations 52913 

Dated: October 9, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–24824 Filed 10–9–09; 8:45 am] 

BILLING CODE 3510–22–S 


jlentini on DSKJ8SOYB1PROD with RULES