9176 Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 

unless doing so would be inconsistent 

with applicable law or is otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies, such as the Society of 

Automotive Engineers. The NTTAA 

directs us to provide Congress (through 

OMB) with explanations when we 

decide not to use available and 

applicable voluntary consensus 

standards. There are no voluntary 

consensus standards developed by 

voluntary consensus standards bodies 

pertaining to this interim final rule. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 requires agencies to prepare a 

written assessment of the costs, benefits 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million annually 

(adjusted for inflation with base year of 

1995). This interim final rule would not 

result in expenditures by State, local or 

tribal governments, in the aggregate, or 

by the private sector in excess of $100 

million annually. 

National Environmental Policy Act 

NHTSA has analyzed this rulemaking 

action for the purposes of the National 

Environmental Policy Act. The agency 

has determined that implementation of 

this action will not have any significant 

impact on the quality of the human 

environment. 

Executive Order 13211 

Executive Order 13211 (66 FR 28355, 

May 18, 2001) applies to any 

rulemaking that: (1) Is determined to be 

economically significant as defined 

under E.O. 12866, and is likely to have 

a significantly adverse effect on the 

supply of, distribution of, or use of 

energy; or (2) that is designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. This 

rulemaking is not subject to E.O. 13211. 

Plain Language 

Executive Order 12866 and the 

President’s memorandum of June 1, 

1998, require each agency to write all 

rules in plain language. Application of 

the principles of plain language 

includes consideration of the following 

questions: 

• Have we organized the material to 

suit the public’s needs? 

• Are the requirements in the rule 

clearly stated? 

• Does the rule contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rule easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

If you have any responses to these 

questions, please include them in your 

comments on this proposal. 

Regulatory Identifier Number (RIN) 

The Department of Transportation 

assigns a regulation identifier number 

(RIN) to each regulatory action listed in 

the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. You may use the RIN contained in 

the heading at the beginning of this 

document to find this action in the 

Unified Agenda. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.regulations.gov. 

List of Subjects in 49 CFR Part 571 

Imports, Motor vehicle safety, Motor 

vehicles, and Tires. 

■ In consideration of the foregoing, 

NHTSA is amending 49 CFR part 571 as 

set forth below. 

PART 571—FEDERAL MOTOR 

VEHICLE SAFETY STANDARDS 

■ 1. The authority citation for part 571 

continues to read as follows: 

Authority: 49 U.S.C. 322, 30111, 30115, 

30117 and 30166; delegation of authority at 

49 CFR 1.50. 

■ 2. Section 571.121 is amended by 

revising S5.2.3.3(a) to read as follows: 

§ 571.121 Standard No. 121; Air brake 

systems. 

* * * * * 

S5.2.3.3 Antilock malfunction 

indicator. 

(a) In addition to the requirements of 

S5.2.3.2, each trailer and trailer 

converter dolly manufactured on or after 

March 1, 1998, and before September 1, 

2009, shall be equipped with an 

external antilock malfunction indicator 

lamp that meets the requirements of 

S5.2.3.3(b) through (d). 

* * * * * 

Issued: February 26, 2009. 

Ronald L. Medford, 

Acting Deputy Administrator. 

[FR Doc. E9–4492 Filed 2–27–09; 11:15 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351—9087—02] 

RIN 0648–XN54 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Opening Directed 

Fishing for Pacific Cod by Catcher 

Vessels Greater Than or Equal to 60 

feet (18.3 m) Length Overall Using Pot 

Gear 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; opening. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by catcher vessels 

greater than or equal to 60 feet (18.3 m) 

length overall (LOA) using pot gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to fully use the A season 

allowance of the 2009 total allowable 

catch (TAC) of Pacific cod by catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using pot gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

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

1200 hrs, A.l.t., June 10, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 13, 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 RIN 

0648-XN54, 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. 


rmajette on PRODPC74 with RULES
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations 9177 

• 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 (e.g., name, address) 

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) formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Mary Furuness, 907–586–7228. 

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 directed fishing for 

Pacific cod by catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using pot gear in the BSAI under 

§ 679.20(d)(1)(iii) on February 1, 2009 

(74 FR 6554, February 10, 2009). 

NMFS has determined that 

approximately 1,019 mt of Pacific cod 

remain in the directed fishing allowance 

for catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using pot gear 

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 A 

season allowance of the 2009 TAC of 

Pacific cod by catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using pot gear in the BSAI, NMFS is 

terminating the previous closure and is 

reopening directed fishing for Pacific 

cod. 

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 opening directed fishing for 

Pacific cod by catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using pot gear 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 February 23, 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 TAC of 

Pacific cod by catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using pot gear 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 March 13, 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. 

Dated: February 25, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4474 Filed 2–26–09; 4:15 pm] 

BILLING CODE 3510–22–S 


rmajette on PRODPC74 with RULES