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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