Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11503 

553. In addition, in accordance with the 

Congressional Review provisions in 

SBEWFA, at 5 U.S.C. 801(a)(4), a final 

rule cannot ‘‘take effect’’ until the rule 

is submitted to Congress in accordance 

with 5 U.S.C. 801(a)(1). The rule was 

submitted to Congress on March 12, 

2009. 

According to the procedures 

established by the Administrative 

Committee of the Federal Register 

under the Federal Register Act (44 

U.S.C. Chapter 15), the amendments to 

the Code of Federal Regulations (CFR) 

set out in this final rule were 

incorporated into the CFR on August 21, 

2008, the effective date of the rule. 

However, because of the issues with the 

APA and the Congressional Review 

provisions, this rule could not become 

operative until March 13, 2009. 

Accordingly, MARAD acknowledges 

that the rule was not operative and 

enforceable until March 13, 2009. 

MARAD further notes that because the 

rule establishes procedures that have 

not yet been utilized, neither the public, 

nor any regulated entities, were harmed 

in the interim period between 

publication of the rule and March 13, 

2009. 

Dated: March 9, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–5787 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 390 

[Docket No. MARAD 2008 0075] 

RIN 2133–AB71 

Capital Construction Fund 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule; clarification. 

SUMMARY: On September 30, 2008, the 

Maritime Administration published the 

final rule in this docket to implement 

provisions of the Energy Independence 

and Security Act of 2007 and amend the 

definition of a ‘‘qualified vessel’’ under 

the Capital Construction Fund. The final 

rule was published with an effective 

date of the date of publication. Prior to 

publication, we inadvertently failed to 

submit the rule to Congress and the 

General Accounting Office (GAO), as 

required by the Congressional Review 

provisions in the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA). Therefore, the rule was not 

applicable on the date of publication. 

DATES: The applicability date for the 

final rule published at 73 FR 56738 

(September 30, 2008) was March 13, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Murray Bloom, Chief, Division of 

Maritime Programs, Maritime 

Administration at 202–366–5320, via email at Murray.Bloom@dot.gov, or by 

writing to Murray Bloom, Office of the 

Chief Counsel, Maritime 

Administration, MAR–222, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Background 

For complete background and 

regulatory analysis, see the original 

document published September 30, 

2008 (73 FR 56741). This final rule 

indicated that it would be effective 

upon publication. Pursuant to Section 

553 of the Administrative Procedure Act 

(APA), codified at 5 U.S.C. 553, with 

certain exceptions, substantive rules 

cannot take effect less than 30 days after 

publication, unless the agency finds 

good cause for doing so and provides a 

written explanation of any good cause 

found when the rule is published. The 

Maritime Administration (MARAD) 

provided no justification for the 

immediate effective date in the 

published rule document and, in fact, 

MARAD did not intend to avail itself of 

the good cause exception of 5 U.S.C. 

553. In addition, in accordance with the 

Congressional Review provisions in 

SBREFA at 5 U.S.C. 801(a)(4), a final 

rule cannot ‘‘take effect’’ until the rule 

is submitted to Congress in accordance 

with 5 U.S.C. 801(a)(1). The rule was 

submitted to Congress on March 12, 

2009. 

According to the procedures 

established by the Administrative 

Committee of the Federal Register under 

the Federal Register Act (44 U.S.C. 

Chapter 15), the amendments to the 

Code of Federal Regulations (CFR) set 

out in this final rule were incorporated 

into the CFR on September 30, 2008, the 

effective date of the rule. However, 

because of the issues with the APA and 

the Congressional Review provisions, 

this rule could not become operative or 

enforceable until March 13, 2009. 

Accordingly, MARAD acknowledges 

that the rule was not operative and 

enforceable until March 13, 2009. 

MARAD further notes that because the 

rule establishes procedures that have 

not yet been utilized, neither the public, 

nor any regulated entities, were harmed 

in the interim period between 

publication of the rule and March 13, 

2009. 

By Order of the Maritime Administrator. 

Dated: March 9, 2009. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–5792 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XN75 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Less Than 60 ft (18.3 

m) Length Overall Using Hook–and– 

Line or 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; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

less than 60 ft (< 18.3 m) length overall 

(LOA) using hook–and–line or pot gear 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2009 

Pacific cod total allowable catch (TAC) 

allocated to catcher vessels < 60 ft LOA 

using hook–and–line or pot gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 16, 2009, through 

2400 hrs, A.l.t., December 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 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. 

The 2009 Pacific cod TAC allocated to 

catcher vessels < 60 ft LOA using hook– 

and–line or pot gear in the BSAI is 3,033 

metric tons as established by the 2009 

and 2010 final harvest specification for 


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