10836 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Rules and Regulations 

1 17 CFR 232.10. 

2 17 CFR 232.101. 

3 17 CFR 232.10 et seq. 

4 17 CFR 239.63, 249.446, 269.7 and 274.402. 

5We approved this process in Release No. 33– 

8410 (Apr. 21, 2004) [69 FR 22704 (Apr. 26, 2004)], 

available at http://www.sec.gov/rules/final/33- 

8410.htm. 

6We adopted the rules requiring online filing of 

Form D information in Release No. 33–8891 (Feb. 

6, 2008) [73 FR 10592 (Feb. 27, 2008)], available at 

http://www.sec.gov/rules/final/2008/33-8891.pdf. 

7See id. at 70 [73 FR 10610]. We expect an 

increase because Form D filings previously were 

made only in paper format, and no Form ID filings 

were required because filers do not need EDGAR 

access codes to make paper filings. 

8 Id. at 58 [73 FR 10607]. 

9 Id. at 59–60 [73 FR 10607–10608]. 

10Regulation S–T is the general regulation 

governing electronic filing of information with the 

Commission. In addition to complying with 

Regulation S–T, filers must submit electronic filings 

in accordance with the instructions in the 

Commission’s EDGAR Filer Manual. We also are 

amending the EDGAR Filer Manual to reflect a 

Form ID filer’s ability to attach a PDF copy of its 

authenticating document to its online Form ID 

application. 

(1) Design, design/build, renovation, 

retrofit and services contracts; facility 

maintenance and operations contracts; 

(2) Energy savings performance 

contracts and utility energy service 

contracts; 

(3) If applicable, lease agreements for 

buildings or equipment, including 

build-to-lease contracts; 

(b) Agencies should require the 

procurement of ENERGY STAR and 

FEMP designated products in new 

service contracts and other existing 

service contracts as they are recompeted 

and should, to the extent possible, 

incorporate such requirements and 

preferences into existing contracts as 

they are modified or extended through 

options. 

(c) Agencies should include criteria 

for energy efficiency that are consistent 

with the criteria used for rating 

qualified products in the factors for the 

evaluation of: 

(1) Offers received for procurements 

involving covered products, and 

(2) Offers received for construction, 

renovation, and services contracts that 

include provisions for covered products. 

(d) Agencies should notify their 

vendors of the Federal requirements for 

energy efficient purchasing. 

[FR Doc. E9–5459 Filed 3–12–09; 8:45 am] 

BILLING CODE 6450–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 232, 239, 249, 269 and 

274 

[Release Nos. 33–9013, 34–59536, 39–2463, 

IC–28642] 

Attaching Authenticating Documents 

to Online Form ID Applications 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: We are adopting rule and 

form amendments that allow applicants 

for EDGAR access codes using Form ID 

to submit their authenticating 

documents by attaching them to their 

online Form ID applications in Portable 

Document Format (PDF) as an 

alternative to submitting the documents 

by fax. 

DATES: Effective Date: March 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Corey Jennings, Special Counsel, at 

(202) 551–3258, for information on legal 

issues, or Cecile Peters, Chief, 

Information Technology Office, (202) 

551–3600, for information on technical 

issues, Division of Corporation Finance, 

U.S. Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20459–3628. 

SUPPLEMENTARY INFORMATION: We are 

adopting amendments that will revise 

Rules 10 1 and 101 2 under Regulation 

S–T3 and Form ID.4

I. Background 

Form ID is used to apply for access 

codes to file information electronically 

through the Commission’s Electronic 

Data Gathering, Analysis and Retrieval 

or ‘‘EDGAR’’ system. EDGAR access 

codes include a CIK (Central Index Key) 

number, which serves as a permanent, 

public filer identification number, as 

well as confidential security codes. 

Applicants submitting Form ID 

applications must submit them online. 

They also must fax to the Commission 

a notarized document containing the 

same information as contained in the 

Form ID application. The additional 

document is called an ‘‘authenticating 

document.’’ Commission staff matches 

applicants’ online submissions with 

their faxed authenticating documents 

before approving the Form ID 

application and allowing applicants to 

generate their EDGAR access codes.5

Today, we adopt amendments that 

allow Form ID applicants to submit 

their authenticating documents as PDF 

attachments to their online Form ID 

applications. This provides an 

alternative method to submitting the 

authenticating documents by fax. The 

use of a PDF attachment may provide a 

simpler and easier method for some 

applicants to submit their 

authenticating documents. Filers can 

use a fillable PDF version of Form ID 

available on the Commission’s Web site 

to create and print the document. For 

Form ID applications with the 

authenticating documents attached, 

Commission staff will no longer have to 

match faxed authenticating documents 

manually with online submissions. This 

alternative method should enhance the 

processing efficiency of these Form ID 

applications. The amendments do not 

impose any new burdens or 

requirements on Form ID applicants or 

others. 

The effective date of the new rules, 

March 16, 2009, coincides with the 

effective date of our new rules requiring 

that Form D filings be made online, 

through the Internet, using the EDGAR 

system.6 At the time we adopted the 

new Form D rules, we estimated they 

would result in an increase of 

approximately 20,000, or 40%, in the 

number of Form ID applications that we 

receive annually.7 Although many Form 

ID applicants will be applying for 

EDGAR access codes to make filings 

other than Form D filings, the increased 

efficiency in use of Commission staff 

resources will benefit all applicants. We 

expect adoption of the Form ID 

amendments should assist the staff in 

better managing the expected increase 

in Form ID applications resulting from 

the Form D amendments. 

At the time we adopted the Form D 

amendments, we acknowledged concern 

over the burdens of the Form ID 

authentication process, particularly in 

the context of mandating Form D online 

filing.8 We stated that we planned to 

consider ways to simplify the Form ID 

authentication process before Form D 

online filing became mandatory on 

March 16, 2009.9 The Form ID 

amendments we adopt today address 

concerns over the burdens of the Form 

ID authentication process. They make 

the process simpler and easier for some 

applicants. We are hopeful that the 

increased Commission staff efficiency in 

processing Form ID applications with 

attached authenticating documents will 

allow Form ID applicants to get their 

EDGAR access codes more quickly. 

However, we continue to study ways to 

further streamline the process. 

II. Discussion of the Amendments 

A. Optional Attachment of 

Authenticating Document to Online 

Form ID Application 

We are adopting minor revisions to 

Regulation S–T10 to allow applicants 

for EDGAR access codes using Form ID 

to attach their required authenticating 

document electronically as a PDF 

document to their online Form ID 


yshivers on PROD1PC66 with RULES
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Rules and Regulations 10837 

11Filers that previously have been assigned a CIK 

number are not eligible to use Form ID. This 

category includes filers that previously have made 

paper filings with the Commission, such as Form 

D filings since 1986 that have been assigned CIK 

numbers by the Commission staff. These filers need 

to obtain confidential security codes to file using 

the EDGAR system, even though they already have 

a CIK number. Prior paper filers that have a CIK 

number but need security access codes may obtain 

the codes by using the ‘‘Convert Paper Only Filer 

to Electronic Filer’’ function on the EDGAR Filer 

Management Web site at https:// 

www.filermanagement.edgarfiling.sec.gov and 

submit their authenticating documents by fax. For 

details, see EDGAR Filer Manual—Volume I, 

available at http://www.sec.gov/info/edgar/ 

edmanuals.htm. 

12To assist Form ID applicants in preparing their 

authenticating documents, the Commission 

maintains a fillable PDF version of Form ID for 

them to use on its Web site at http://www.sec.gov/ 

about/forms/formid.pdf. Using this or another 

version of Form ID that they may have available, 

applicants can choose to prepare the authenticating 

document, including having it notarized, before 

they go online to make their online Form ID 

submission. Upon the effectiveness of today’s 

amendments, applicants will be able to choose to 

continue faxing their authenticating document or 

electronically attach a PDF version of the document 

at the time of the actual submission. If they do not 

have the authenticating document prepared before 

they make their online Form ID submission, they 

may print out the information they submit on the 

EDGAR Web site, have the printout notarized, and 

fax the notarized document as their authenticating 

document. This latter alternative avoids the 

necessity of entering the information twice, once on 

the pre-prepared authenticating document and 

again during the online submission itself. As noted 

above, however, faxing the document increases staff 

processing steps and likely will result in less timely 

assignment of EDGAR access codes. 

13When we adopted the current rules, we stated 

that we did not believe that electronically attaching 

a PDF copy of the authenticating document would 

provide a level of assurance materially greater than 

having no authenticating document and that it 

would not provide a level of assurance as high as 

the fax requirement coupled with our planned 

human intervention and verification procedures. 

We also stated that it was not possible to upload 

a PDF attachment to an online Form ID application 

in our online system at that time. Release No. 33– 

8410, at n.31 (Apr. 21, 2004) [69 FR 22704, 27706 

n.31 (Apr. 26, 2004)]. Improvements to the EDGAR 

system and advancements in PDF technology now 

make it possible to upload a PDF attachment to an 

online Form ID application. We have used PDF 

technology internally to upload and disseminate 

comment letters onto the EDGAR system. The 

procedures we will use to process authenticating 

documents attached as PDF files will be identical 

to our existing human intervention verification 

procedures. These factors have led us to conclude 

that attaching a PDF copy of the authenticating 

document provides assurance comparable to that 

provided by a faxed document. 

14 17 CFR 232.101(a)(1). 

15Rule 101(a)(1)(ix) currently provides that the 

authenticating document required by Rule 10(b) of 

Regulation S–T must be submitted by fax 

transmission. 17 CFR 232.101(a)(1)(ix). 

16OMB Control No. 3235–0328 

17 15 U.S.C. 78w(a)(2). 

18 15 U.S.C. 77b(b). 

19 15 U.S.C. 78c(f). 

application.11 The authenticating 

document is a paper version of the 

online Form ID submission that has 

been notarized. It contains the same 

information, but is manually signed and 

witnessed by a notary public. Rule 10 of 

Regulation S–T currently requires that 

an applicant fax its authenticating 

document to the Commission within 

two days before or after submitting its 

online Form ID application.12 The 

amendments revise subparagraph (b) of 

Rule 10 by supplementing the faxing 

requirement with the option of 

electronically attaching a PDF version of 

the authenticating document to an 

applicant’s online Form ID 

application.13 The amendments also 

revise subparagraph (a)(1)(ix) of Rule 

101 of Regulation S–T14 to reflect that 

the authenticating document required 

by Rule 10(b) of Regulation S–T may be 

filed either by fax or electronically as an 

uploaded PDF attachment to an 

applicant’s online Form ID 

application.15

B. Form ID 

We are adopting minor revisions to 

the General Instructions to Form ID to 

clarify that applicants may also fulfill 

the authenticating document 

requirement of Rule 10 of Regulation 

S–T by electronically attaching a PDF 

version of the document to their online 

Form ID application. Currently, the 

instructions to Form ID follow Rule 10 

of Regulation S–T, which provides that 

an applicant may only fax its 

authenticating document to the 

Commission within two days before or 

after submitting its electronic Form ID 

application. We are also adopting 

revisions to the General Instructions to 

Form ID to update the Commission 

contact information on the current form. 

III. Paperwork Reduction Act 

The amendments do not impose any 

new ‘‘collection of information’’ within 

the meaning of the Paperwork 

Reduction Act of 1995, nor do they 

create any new filing, reporting, 

recordkeeping, or disclosure reporting 

requirements for Form ID filers. 

Compliance with the adopted 

amendments will be optional. The 

Commission previously obtained a 

control number from the Office of 

Management and Budget (‘‘OMB’’) for 

this collection of information.16

IV. Cost-Benefit Analysis 

We expect that the adopted 

amendments will neither significantly 

benefit Form ID applicants, nor will 

they impose additional costs on them, 

since electronically attaching a PDF 

copy of their notarized authenticating 

document to their electronic Form ID 

application will be optional only. We 

expect that there will be some benefit to 

investors, applicants and the 

Commission because the optional 

method of transmitting the 

authenticating document required of 

Form ID applicants may be easier for 

some applicants. To the extent filers 

attach the authenticating document as a 

PDF file rather than sending a faxed 

document, the Commission staff will be 

able to avoid sorting through faxes and 

matching them to online Form ID 

applications. If many filers choose this 

option, we can improve the speed and 

accuracy of the process that leads to 

receipt of EDGAR access codes. 

Form ID applicants that choose to 

transmit their authenticating documents 

as PDF attachments will need access to 

the technology that allows them to scan 

their notarized document and 

electronically attach it to their online 

Form ID application. Since this method 

is optional and a scanning feature is 

now quite widely available on many 

computer printers, and because the 

existing process requires access to fax 

transmission facilities, we do not feel 

applicants that choose the optional PDF 

attachment method will incur greater 

costs. Indeed, we assume filers will 

choose the option that is least costly. 

V. Effect on Efficiency, Competition and 

Capital Formation 

Section 23(a)(2) of the Securities 

Exchange Act 17 requires us, when 

adopting rules under the Exchange Act, 

to consider the impact that any new rule 

would have on competition. In addition, 

Section 23(a)(2) prohibits us from 

adopting any rule that would impose a 

burden on competition not necessary or 

appropriate in furtherance of the 

purposes of the Exchange Act. The 

amendments we adopt today merely 

provide an optional method that allows 

an applicant to electronically attach a 

PDF copy of a notarized Form ID 

authenticating document to its online 

Form ID application. The method will 

be voluntary and not required. We 

believe the amendments will not impose 

a burden on competition. 

Section 2(b) of the Securities Act 18

and Section 3(f) of the Exchange Act 19

require us, when engaging in 

rulemaking where we are required to 

consider or determine whether an action 

is necessary or appropriate in the public 

interest, to consider, in addition to the 

protection of investors, whether the 

action will promote efficiency, 

competition, and capital formation. We 

believe the amendments will have a 

negligible impact on efficiency, 

competition or capital formation. 


yshivers on PROD1PC66 with RULES
10838 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Rules and Regulations 

20See 5 U.S.C. 553(b)(3)(B). 

21For similar reasons, the amendments do not 

require analysis under the Regulatory Flexibility 

Act or a report to Congress under the Small 

Business Regulatory Fairness Act. See 5 U.S.C. 

601(2) (for purposes of a Regulatory Flexibility Act 

analysis, the term ‘‘rule’’ means any rule for which 

the agency publishes a general notice of proposed 

rulemaking) and 5 U.S.C. 804(3)(C) (for purposes of 

Congressional review of agency rulemaking, the 

term ‘‘rule’’ does not include any rule of agency 

organization, procedure or practice that does not 

substantially affect the rights or obligations of nonagency parties). 

22 5 U.S.C. 553(d). 

23 Id. 

24 15 U.S.C. 77s(a). 

25 15 U.S.C. 78c(b). 

26 15 U.S.C. 78m(a). 

27 15 U.S.C. 78w(a). 

28 15 U.S.C. 78ll. 

29 15 U.S.C. 77sss. 

30 15 U.S.C. 80a–29. 

31 15 U.S.C. 80a–37. 

VI. Certain Findings 

Under the Administrative Procedure 

Act (‘‘APA’’), notice of proposed 

rulemaking is not required when an 

agency, for good cause, finds ‘‘that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 20 The changes 

we are adopting today do not impose 

new burdens and merely provide an 

optional method for applicants to fulfill 

the authentication requirements of the 

Form ID submission process. They do 

not change the basic content of the form. 

In making these changes, we also have 

updated certain contact information for 

Commission staff in the instructions to 

Form ID. We therefore believe that 

publication for public comment is 

unnecessary. Accordingly, we find that 

publishing a proposed rulemaking 

notice of these amendments is likewise 

unnecessary.21

The APA generally requires that an 

agency publish an adopted rule in the 

Federal Register 30 days before it 

becomes effective.22 This requirement, 

however, does not apply if the agency 

finds good cause for making the rule 

effective sooner.23 The Commission 

finds good cause to make the changes to 

the Form ID application process 

effective on March 16, 2009. The 

changes to the Form ID application 

process are optional and therefore do 

not impose any new burdens on 

applicants. They are related to changes 

being made to our EDGAR system in 

expectation of March 16, 2009, when 

mandatory electronic filing of Form D 

information becomes effective and when 

we expect to begin experiencing a 

substantial increase in the number of 

new Form ID applications per year. We 

see no reason to delay the effectiveness 

of the amendments for 30 days after 

these rule changes are published in the 

Federal Register. We believe Form ID 

applicants, investors and the 

Commission should be able to enjoy the 

limited benefits of these changes as soon 

as practicable and find there is good 

cause for the amendments to take effect 

on March 16, 2009. 

VII. Statutory Basis and Text of Rule 

Amendments 

We are adopting the amendments to 

Regulation S–T and Form ID under the 

authority in Section 19(a) 24 of the 

Securities Act, Sections 3(b),25 13(a),26

23(a) 27 and 35A 28 of the Exchange Act, 

Section 319 29 of the Trust Indenture Act 

of 1939 and Sections 30 30 and 38 31 of 

the Investment Company Act of 1940. 

Text of Rule Amendments 

List of Subjects in 17 CFR Parts 232, 

239, 249, 269 and 274 

Reporting and recordkeeping 

requirements, Securities. 

Text of the Rules and Amendments 

■ For the reasons set forth above, we 

amend title 17, chapter II of the Code of 

Federal Regulations as follows. 

PART 232—REGULATION S–T— 

GENERAL RULES AND REGULATIONS 

FOR ELECTRONIC FILINGS 

■ 1. The authority citation for part 232 

continues to read in part as follows: 

Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 

77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 

78w(a), 78ll(d), 80a–6(c), 80a–8, 80a–29, 80a– 

30, 80a–37, and 7201 et seq.; and 18 U.S.C. 

1350. 

* * * * * 

■ 2. Amend § 232.10 by revising 

paragraph (b) and the heading of the 

note following paragraph (b) to read as 

follows: 

§ 232.10 Application of part 232. 

* * * * * 

(b) Each registrant, third party filer, or 

agent to whom the Commission 

previously has not assigned a Central 

Index Key (CIK) code, must, before 

filing on EDGAR: 

(1) File electronically the information 

required by Form ID (§§ 239.63, 

249.446, 269.7 and 274.402 of this 

chapter), the uniform application form 

for access codes to file on EDGAR, and 

(2) File, by uploading as a Portable 

Document Format (PDF) attachment to 

the Form ID filing or by faxing to (202) 

504–2474 or (703) 914–4240 within two 

business days before or after the 

electronic Form ID filing, a notarized 

document, manually signed by the 

applicant over the applicant’s typed 

signature, that includes the information 

required to be included in the Form ID 

filing, confirms the authenticity of the 

Form ID filing and, if filed by fax after 

the electronic Form D filing, includes 

the accession number assigned to the 

electronic Form ID filing. 

Note to § 232.10: 

* * * * * 

■ 3. Amend § 232.101 by revising 

paragraph (a)(1)(ix) to read as follows: 

§ 232.101 Mandated electronic 

submissions and exceptions. 

(a) * * * * * 

(1) * * * 

(ix) Form ID (§§ 239.63, 249.446, 

269.7 and 274.402 of this chapter), 

except that the authenticating document 

required by Rule 10(b) of Regulation 

S–T (§ 232.10(b)) may be filed either in 

electronic format as an uploaded 

Portable Document Format (PDF) 

attachment to the Form ID filing or by 

fax as provided in that rule, and other 

related correspondence and 

supplemental information submitted 

after the Form ID filing shall not be 

submitted in electronic format; 

* * * * * 

PART 239—FORMS PRESCRIBED 

UNDER THE SECURITIES ACT OF 1933 

PART 249—FORMS, SECURITIES 

EXCHANGE ACT OF 1934 

PART 269—FORMS PRESCRIBED 

UNDER THE TRUST INDENTURE ACT 

OF 1939 

PART 274—FORMS PRESCRIBED 

UNDER THE INVESTMENT COMPANY 

ACT OF 1940 

■ 17. Revise the two paragraphs 

appearing immediately after the bullets 

in the General Instructions of Form ID 

(referenced in § 239.63, § 249.446, 

§ 269.7 and § 274.402) to read as three 

paragraphs as follows: 

Note: The text of Form ID does not and this 

amendment will not appear in the Code of 

Federal Regulations. 

Form ID 

Uniform Application for Access Codes 

to File on Edgar 

* * * * * 

General Instructions 

* * * * * 

An applicant must file the 

information required by this form in 

electronic format via the Commission’s 

EDGAR Filer Management Web site. 


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Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Rules and Regulations 10839 

Please see Regulation S–T (17 CFR Part 

232) and the EDGAR Filer Manual for 

instructions on how to file 

electronically, including how to use the 

access codes. 

The applicant must complete the 

Form ID electronic filing by also 

submitting to the Commission a copy of 

a notarized paper ‘‘authenticating’’ 

document. The authenticating 

document must include the information 

required to be included in the Form ID 

filing, be manually signed by the 

applicant over the applicant’s typed 

signature, and confirm the authenticity 

of the Form ID filing. Applicants may 

fulfill the authenticating document 

requirement by making a copy of the 

applicant’s electronic Form ID filing, 

adding the necessary confirming 

language, signing it, and having the 

signature notarized. 

If the applicant has prepared the 

authenticating document before making 

its electronic Form ID filing, it may 

submit the document as an uploaded 

Portable Document Format (PDF) 

attachment to the electronic filing. An 

applicant also may submit the 

authenticating document by faxing it to 

the Commission at (202) 504–2474 or 

(703) 914–4240 within two business 

days before or after its electronic Form 

ID filing. If submitted by fax after the 

electronic Form ID filing, the 

authenticating document must contain 

the accession number assigned to the 

electronic Form ID filing. If the fax is 

not received timely, the Form ID filing 

and application for access codes will 

not be processed, and the applicant will 

receive an e-mail message at the contact 

e-mail address included in the Form ID 

filing informing the applicant of the 

failure to process and providing further 

guidance. The message will state why 

the application was not processed. 

For assistance with technical 

questions about electronic filing, call 

Filer Support at (202) 551–8900. For 

assistance with questions about the 

EDGAR rules, Division of Corporation 

Finance filers may call the Office of 

Information Technology at (202) 551– 

3600; and Division of Investment 

Management filers may call the IM 

EDGAR Inquiry Line at (202) 551–6989. 

* * * * * 

Dated: March 9, 2009. 

By the Commission. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–5377 Filed 3–12–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XN85 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Shallow–Water 

Species Fishery by Amendment 80 

Vessels Subject to Sideboard Limits 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 species that comprise the 

shallow–water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the Gulf of Alaska 

(GOA). This action is necessary because 

the first seasonal apportionment of the 

2009 Pacific halibut prohibited species 

catch (PSC) limit specified for the 

shallow–water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 5, 2009, through 

1200 hrs, A.l.t., April 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 first seasonal apportionment of 

the 2009 Pacific halibut PSC limit 

specified for the shallow–water species 

fishery by Amendment 80 vessels 

subject to sideboard limits in the GOA 

is 10 metric tons as established by the 

2009 and 2010 harvest specifications for 

groundfish of the GOA (74 FR 7333, 

February 17, 2009), for the period 1200 

hrs, A.l.t., January 20, 2009, through 

1200 hrs, A.l.t., April 1, 2009. 

In accordance with 

§ 679.20(d)(1)(vi)(C)(2), the 

Administrator, Alaska Region, NMFS, 

has determined that the first seasonal 

apportionment of the 2009 Pacific 

halibut PSC limit specified for the 

shallow–water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow–water species fishery by 

Amendment 80 vessels subject to 

sideboard limits in the GOA. The 

species and species groups that 

comprise the shallow–water species 

fishery are pollock, Pacific cod, 

shallow–water flatfish, flathead sole, 

Atka mackerel, skates and ‘‘other 

species.’’ 

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 the shallow–water 

species fishery by Amendment 80 

vessels subject to sideboard limits using 

trawl gear in 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 3, 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 9, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–5471 Filed 3–12–09; 8:45 am] 

BILLING CODE 3510–22–S 


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