Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14493 

March 19, 2009 make the following 

corrections: 

52.212–5 [Corrected] 

1. On page 11825, in the third 

column, in 52.212–5, in the clause, 

‘‘CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS (MAR 2009)’’ 

should read 

‘‘CONTRACT TERMS AND 

CONDITIONS REQUIRED TO 

IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS (APR 2009)’’. 

2. In the same clause, in the same 

section, paragraph (b)(16) is printed to 

read as set forth below: 

(b) * * * 

(16) 52.219–28, Post Award Small Business 

Program Rerepresentation (APR 2009) (15 

U.S.C. 632(a)(2)). 

52.219–28 [Corrected] 

3. On page 11825, in the third 

column, in 52.219–28, in the clause, 

‘‘POST–AWARD SMALL BUSINESS 

PROGRAM REREPRESENTATION 

(MAR 2009)’’ 

should read 

‘‘POST–AWARD SMALL BUSINESS 

PROGRAM REREPRESENTATION (APR 

2009)’’. 

[FR Doc. Z9–5871 Filed 3–30–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO11 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel 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; closures and 

openings. 

SUMMARY: NMFS is announcing the 

opening and closing dates of the 

Amendment 80 cooperative’s Atka 

mackerel directed fishery within the 

harvest limit area (HLA) in Statistical 

Areas 542 and 543 (Area 542 and Area 

543), and the opening and closing dates 

of the BSAI Trawl Limited Access Atka 

mackerel directed fishery within the 

harvest limit area (HLA) in Statistical 

Area 542 . This action is necessary to 

fully use the 2009 A season HLA limits 

of Atka mackerel in Areas 542 and 543 

of the Bering Sea and Aleutian Islands 

management area (BSAI). 

DATES: The directed fishery in the HLA 

for Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

Area 542, opens effective 1200 hrs, 

A.l.t., March 27, 2009, through 1200 hrs, 

A.l.t., April 6, 2009. 

The directed fishery in the HLA for 

Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the second HLA fishery in 

area 542, opens effective 1200 hrs, A.l.t., 

April 7, 2009, through 1200 hrs, A.l.t., 

April 15, 2009. 

The directed fishery in the HLA for 

Area 542 by the BSAI Trawl Limited 

Access vessels authorized to participate 

in the first HLA fishery in Area 542, 

opens effective 1200 hrs, A.l.t., March 

27, 2009, through 1200 hrs, A.l.t., April 

6, 2009. 

The directed fishery in the HLA for 

Area 543 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

Area 543, opens effective 1200 hrs, 

A.l.t., March 27, 2009, through 1200 hrs, 

A.l.t., April 6, 2009. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 10, 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– 

XO11,’’ 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. 

• 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 exclusive economic zone 

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. 

In accordance with the final 2009 and 

2010 harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009) the HLA limit of the 

A season allowance of the 2009 TAC for 

Atka mackerel in Area 542 is 3,314 

metric tons (mt) and in Area 543 is 

1,739 mt for the Amendment 80 

cooperative. For BSAI trawl Limited 

Access in Area 542, the HLA limit of the 

A season allowance of the 2009 TAC for 

Atka mackerel is 348 mt. NMFS 

previously announced the opening and 

closing dates of the first and second 

directed fisheries within the HLA in 

Statistical Areas 542 and 543 (74 FR 

5625, January 30, 2009) and (74 FR 

8216, February 24, 2009). NMFS has 

determined that approximately 1,111 mt 

of Atka mackerel remain in the A season 

HLA limit in Area 542 and 

approximately 1,726 mt of Atka 

mackerel remain in the A season HLA 

limit in Area 543 for vessels 

participating in the Amendment 80 

cooperative. NMFS has also determined 

that approximately 273 mt of Atka 

mackerel remain in the A season HLA 

limit in Area 542 for vessels 

participating in the BSAI Trawl Limited 

Access fishery. 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 HLA limits of Atka mackerel in 

Areas 542 and 543, NMFS is terminating 

the previous closures and is opening 

directed fishing for Atka mackerel in the 

HLA of Areas 542 and 543 for 

Amendment 80 cooperative vessels 

authorized to participate in the first 

HLA fishery in Areas 542 and 543. 

NMFS is also terminating the previous 

closure and is opening directed fishing 

for Atka mackerel in the HLA of Area 


tjames on PRODPC61 with RULES
14494 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

542 for BSAI Trawl Limited Access 

vessels authorized to participate in the 

first HLA fishery in Area 542. In 

accordance with § 679.20(a)(8)(iii)(E), 

the Regional Administrator has 

established the closure dates of the Atka 

mackerel directed fishery in the HLA for 

Areas 542 and 543 based on the amount 

of the harvest limit and the estimated 

fishing capacity of the vessels assigned 

to the fishery. 

The directed fishery in the HLA for 

Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

Area 542, opens effective 1200 hrs, 

A.l.t., March 27, 2009. The HLA fishery 

in Area 542 will remain open until 1200 

hrs, A.l.t., April 6, 2009. 

The directed fishery in the HLA for 

Area 542 by the Amendment 80 

cooperative vessels authorized to 

participate in the second HLA fishery in 

Area 542, opens effective 1200 hrs, 

A.l.t., April 7, 2009. The HLA fishery in 

Area 542 will remain open until 1200 

hrs, A.l.t., April 15, 2009. 

The directed fishery in the HLA for 

Area 542 by the BSAI Trawl Limited 

Access vessels authorized to participate 

in the first HLA fishery in Area 542, 

opens effective 1200 hrs, A.l.t., March 

27, 2009. The HLA fishery in Area 542 

will remain open until 1200 hrs, A.l.t., 

April 6, 2009. 

The directed fishery in the HLA for 

Area 543 by the Amendment 80 

cooperative vessels authorized to 

participate in the first HLA fishery in 

area 543, opens effective 1200 hrs, A.l.t., 

March 27, 2009. The HLA fishery in 

Area 543 will remain open until 1200 

hrs, A.l.t., April 6, 2009. 

After the effective dates of these 

closures, 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 a 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 opening and closing of the 

fishery for the HLA limit established for 

Areas 542 and 543 pursuant to the 2009 

Atka mackerel TAC. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 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). Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

April 10, 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: March 25, 2009. 

Alan D. Risenhoover 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–7178 Filed 3–26–09; 4:15 am] 

BILLING CODE 3510–22–S 


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