16144 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 

DOT 412 Cylindrical Cargo Tanks, may 

be used as guidance in performing the 

calculations. 

* * * * * 

■ 13. In § 178.345–5, paragraph (f) is 

revised to read as follows: 

§ 178.345–5 Manhole assemblies. 

* * * * * 

(f) All components mounted on a 

manhole cover that form part of the 

lading retention structure of the cargo 

tank wall must withstand the same 

static internal fluid pressure as that 

required for the manhole cover. The 

component manufacturer shall verify 

compliance using the same test 

procedure and frequency of testing as 

specified in § 178.345–5(b). 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 14. The authority citation for part 180 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.53. 

■ 15. In § 180.407, paragraphs (d)(3) and 

(g)(1)(ii)(A) are revised to read as 

follows: 

§ 180.407 Requirements for test and 

inspection of specification cargo tanks. 

* * * * * 

(d) * * * 

(3) All reclosing pressure relief valves 

must be externally inspected for any 

corrosion or damage which might 

prevent safe operation. All reclosing 

pressure relief valves on cargo tanks 

carrying lading corrosive to the valve 

must be removed from the cargo tank for 

inspection and testing. Each reclosing 

pressure relief valve required to be 

removed and tested must open at no less 

than the required set pressure and no 

more than 110 percent of the required 

set pressure, and must reseat to a leaktight condition at no less than 90 

percent of the start-to-discharge 

pressure or the pressure prescribed for 

the applicable cargo tank specification. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) * * * 

(A) Each self-closing pressure relief 

valve that is an emergency relief vent 

must open at no less than the required 

set pressure and no more than 110 

percent of the required set pressure, and 

must reseat to a leak-tight condition at 

no less than 90 percent of the start-todischarge pressure or the pressure 

prescribed for the applicable cargo tank 

specification. 

* * * * * 

Issued in Washington, DC, on April 3, 2009 

under authority delegated in 49 CFR part 1. 

Cynthia Douglass, 

Acting Deputy Administrator. 

[FR Doc. E9–8021 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO12 

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; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Atka mackerel in the Eastern 

Aleutian District and the Bering Sea 

subarea of the Bering Sea and Aleutian 

Islands management area (BSAI) for 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to fully use the 2009 A season 

total allowable catch (TAC) of Atka 

mackerel in these areas specified for 

vessels participating in the BSAI trawl 

limited access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 6, 2009, through 1200 

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

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

April 20, 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 0648–XO12, 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: 

Steve Whitney, 907–586–7269. 

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. 

NMFS closed the directed fishery for 

Atka mackerel by vessels participating 

in the BSAI trawl limited access fishery 

in the Eastern Aleutian District and the 

Bering Sea subarea on January 20, 2009 

(74 FR 5625, January 30, 2009). 

NMFS has determined that 

approximately 476 mt of the 2009 A 

season Atka mackerel TAC for vessels 

participating in the BSAI trawl limited 

access fishery in the Eastern Aleutian 

District and the Bering Sea subarea 

remain in the directed fishing 

allowance. Therefore, in accordance 

with § 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2009 A season TAC of Atka mackerel in 

these areas specified for vessels 

participating in the BSAI trawl limited 

access fishery, NMFS is terminating the 

previous closure and is reopening 

directed fishing for Atka mackerel by 

vessels participating in the BSAI trawl 

limited access fishery in the Eastern 

Aleutian District and the Bering Sea 

subarea. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached. 

Consequently, NMFS is prohibiting 

directed fishing for the 2009 A season 

TAC of Atka mackerel in these areas 

specified for vessels participating in the 

BSAI trawl limited access fishery 

effective 1200 hrs, A.l.t., April 15, 2009. 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Rules and Regulations 16145 

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 of the Atka mackerel 

fishery in the Eastern Aleutian District 

and the Bering Sea subarea for vessels 

participating in the BSAI trawl limited 

access fishery. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of April 2, 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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

Atka mackerel fishery in the Eastern 

Aleutian District and the Bering Sea 

subarea for vessels participating in the 

BSAI trawl limited access fishery to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until April 20, 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: April 3, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–8007 Filed 4–3–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XO14 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Trawl 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 trawl catcher 

vessels in the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to prevent exceeding 

the B season allowance of the 2009 

Pacific cod allowable catch (TAC) 

specified for trawl catcher vessels in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 5, 2009, though 1200 

hrs, A.l.t., June 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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. 

The B season allowance of the 2009 

Pacific cod TAC allocated to trawl 

catcher vessels in the BSAI is 3,832 

metric tons (mt) as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the B season 

allowance of the 2009 Pacific cod TAC 

allocated to trawl catcher vessels in the 

BSAI will soon be reached. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 3,782 mt, and is setting 

aside the remaining 50 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 Pacific cod by trawl 

catcher vessels in the BSAI. 

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 Pacific cod by trawl 

catcher vessels in the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of April 2, 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: April 3, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–8011 Filed 4–3–09; 4:15 pm] 

BILLING CODE 3510–22–S 

mstockstill on PROD1PC66 with RULES