11040 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

Subpart M—Hawaii 

■ 2. In § 52.620, the table in paragraph 

(c) is amended by revising the table 

heading and adding the entries to the 

beginning of the table for ‘‘Department 

of Health, Public Health Regulations, 

chapter 43, Air Pollution Control 

Regulations,’’ sections 22 and 23 to read 

as follows: 

§ 52.620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED STATE OF HAWAII REGULATIONS

State citation Title/subject Effective date EPA approval 

date Explanation 

Department of Health, Public Health Regulations, chapter 43, 

Air Pollution Control Regulations: 

Section 22 ......................................................................... Hearings and Appeals ............ 12/26/1972 05/14/1973 38 FR 12711 

Section 23 ......................................................................... Application .............................. 03/28/1972 05/31/1972 37 FR 10842 

* * * * * * * 

* * * * * 

■ 3. Section 52.622 is amended as 

follows: 

■ a. By revising paragraph (a). 

■ b. By revising paragraph (b)(1). 

■ c. By adding paragraph (c)(4)(i) and 

adding and reserving paragraph 

(c)(4)(ii). 

■ d. By adding paragraph (c)(5)(i), and 

adding and reserving paragraph 

(c)(5)(ii). 

■ e. By adding paragraph (c)(15)(i) and 

adding and reserving paragraph 

(c)(15)(ii). The amendments are as 

follows: 

§ 52.622 Original identification of plan. 

(a) This section identified the original 

‘‘State of Hawaii Air Pollution Control 

Implementation Plan’’ and all revisions 

submitted by the State of Hawaii that 

were federally approved prior to June 1, 

2005. 

(b) * * * 

(1) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted from the SIP without 

replacement Air Pollution Control Law, 

Hawaii Revised Statutes, chapter 322, 

part V, section 322–68 and Public 

Health Regulations, chapter 43, section 

20. 

(c) * * * 

(4) * * * 

(i) Previously approved on November 

8, 1973 in paragraph (c)(4) of this 

section and now deleted from the SIP 

without replacement S.B. No. 1382–72, 

Act 100, section 7. 

(ii) [Reserved] 

(5) * * * 

(i) Previously approved on May 14, 

1973 in paragraph (c)(5) of this section 

and now deleted from the SIP without 

replacement chapter 43, section 20. 

(ii) [Reserved] 

* * * * * 

(15) * * * 

(i) Previously approved on August 18, 

1983 in paragraph (c)(15) of this section 

and now deleted from the SIP without 

replacement Hawaii Statute on 

Environmental Quality, Hawaii Revised 

Statutes, chapter 342, section 342–7. 

(ii) [Reserved] 

* * * * * 

[FR Doc. E9–4802 Filed 3–13–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XN84 

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 B season allowance of 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.), March 11, 2009, through 

1200 hrs, A.l.t., August 25, 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 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 B season allowance of the 2009 

TAC of pollock in Statistical Area 630 

of the GOA is 1,455 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 B season allowance 

of 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 1,400 mt, and is 

setting aside the remaining 55 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 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11041 

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 March 10, 

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: March 10, 2009. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–5632 Filed 3–11–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XL23 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 2009 

and 2010 Final Harvest Specifications 

for Groundfish 

Correction 

In rule document E9–3295 beginning 

on page 7333 in the issue of Tuesday, 

February 17, 2009 make the following 

corrections: 

1. On page 7344, Table 11 should read 

as set forth below: 

TABLE 11—FINAL 2009 AND 2010 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS

[Values are in metric tons] 

Trawl gear Hook-and-line gear 1

Season Amount 

Other than DSR DSR 

Season Amount Season Amount 

January 20–April 1 .......... 550 (27.5%) January 1–June 10 ......... 250 (86%) January 1–December 31 10 (100%) 

April 1–July 1 .................. 400 (20%) June 10–September 1 .... 5 (2%) ......................................... ..............................

July 1–September 1 ........ 600 (30%) September 1–December 

31.

35 (12%) ......................................... ..............................

September 1–October 1 .. 150 (7.5%) n/a ................................... n/a ......................................... ..............................

October 1–December 31 300 (15%) n/a ................................... n/a ......................................... ..............................

Total ......................... 2,000 (100%) n/a ................................... 290 (100%) ......................................... 10 (100%) 

1The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. 

The hook-and-line sablefish fishery is exempt from halibut PSC limits. 

2. On page 7347, in Table 14, in the 

second column, in the sixth entry, 

‘‘Atka mackere’’ should read ‘‘Atka 

mackerel’’. 

3. On the same page, in the same 

table, in the third column, in the sixth 

entry, ‘‘l60’’ should read ‘‘60’’. 

4. On page 7350, Table 17 should read 

as set forth below: 

TABLE 17—FINAL 2009 AND 2010 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PROHIBITED

SPECIES CATCH (PSC) LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA 

[Values are in metric tons] 

Seasonal 

allowance Season Target fishery 

Ratio of 1995–1997 

non-exempt AFA 

CV retained catch 

to total retained 

catch 

2009 and 2010 

PSC limit 

2009 and 2010 

non-exempt AFA 

CV PSC limit 

1 ................. January 20–April 1 ................. shallow-water .......................... 0.340 450 153 

deep-water .............................. 0.070 100 7 

2 ................. April 1–July 1 .......................... shallow-water .......................... 0.340 100 34 

deep-water .............................. 0.070 300 21 

3 ................. July 1–September 1 ............... shallow-water .......................... 0.340 200 68 

deep-water .............................. 0.070 400 28 

4 ................. September 1–October 1 ......... shallow-water .......................... 0.340 150 51 

deep-water 1 ........................... 0.070 0 0 

5 ................. October 1–December 31 ........ all targets ................................ 0.205 300 61 

1There is no apportionment of halibut PSC to the deep-water targets in September. However any unused apportionment to the deep-water targets from earlier in the fishing year may be used to support the deep-water targets in September.