Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 17907 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6; 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0217 to read as 

follows: 

§ 165.T05–0217 Safety Zone; Jordan 

Bridge Lift Span Demolition, Elizabeth 

River, Chesapeake and Portsmouth, VA. 

(a) Regulated Area. The following area 

is a safety zone: All waters of the 

Elizabeth River, located between the 

Belt Line Railroad Bridge at 

approximate position 36°48′42′′ N/ 

76°17′25′′ W (NAD 1983) and the 

Norfolk and Western Portsmouth 

Chesapeake Railroad Bridge at 

approximate position 36°47′49′′ N/ 

76°17′34′′ W (NAD 1983), in the vicinity 

of Chesapeake and Portsmouth, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced from May 3, 

2009 through May 6, 2009, with 

contingency dates of May 18, 2009 

through May 21, 2009 in the event of 

adverse weather conditions. 

Dated: April 3, 2009. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton Roads. 

[FR Doc. E9–8946 Filed 4–17–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900—AN10 

Post-9/11 GI Bill 

Correction 

In rule document E9–7052 beginning 

on page 14654 in the issue of Tuesday, 

March 31, 2009, make the following 

corrections: 

§ 21.4200 [Corrected] 

1. On page 14667, in the second 

column, in §21.4200, under amendatory 

instruction 21a., ‘‘title10, U.S.C.’’ 

should read ‘‘title 10, U.S.C.’’. 

§ 21.9650 [Corrected] 

2. On page 14687, in the first column, 

in §21.9650(a)(i), ‘‘$50.00 per month’’ 

should read ‘‘$950.00 per month’’. 

3. On the same page, in the second 

column, in §21.9650(b)(2)(i), ‘‘$50.00 

per month’’ should read ‘‘$950.00 per 

month’’. 

[FR Doc. Z9–7052 Filed 4–17–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071004577–8124–02] 

RIN 0648–XO25 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Closure of the 

Eastern U.S./Canada Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces a temporary 

closure of the Eastern U.S./Canada Area 

to limited access NE multispecies daysat-sea (DAS) vessels. Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has projected 

that 100 percent of the total allowable 

catch (TAC) of Georges Bank (GB) cod 

allocated to be harvested from the 

Eastern U.S./Canada Area would be 

harvested in the next few days, if 

current catch rates continue. This action 

is being taken to prevent the 2008 TAC 

for GB cod in the Eastern U.S./Canada 

Area from being exceeded during the 

2008 fishing year in accordance with the 

regulations implemented under 

Amendment 13 to the NE Multispecies 

Fishery Management Plan (FMP) and 

the Magnuson–Stevens Fishery 

Conservation and Management Act. 

DATES: The temporary closure of the 

Eastern U.S./Canada Area to all limited 

access NE multispecies DAS vessels is 

effective 0001 hr April 16, 2009, 

through 2400 hr local time, April 30, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the GB cod 

landing limit within the Eastern U.S./ 

Canada Area are found at 

(§ 648.85(a)(3)(iv)(A) and (D). The 

regulations authorize vessels issued a 

valid limited access NE multispecies 

permit and fishing under a NE 

multispecies DAS to fish in the U.S./ 

Canada Management Area, as defined at 

(§ 648.85(a)(1), under specific 

conditions. The TAC for Eastern GB cod 

for the 2008 fishing year (May 1, 2008– 

April 30, 2009) was set at 667 mt (73 FR 

16572, March 28, 2008), a 35–percent 

increase from the TAC for the 2007 

fishing year. 

The regulations at 

(§ 648.85(a)(3)(iv)(D) authorize the 

Administrator, Northeast (NE) Region, 

NMFS (Regional Administrator), to 

increase or decrease the trip limits in 

the U.S./Canada Management Area to 

prevent over-harvesting or underharvesting the TAC allocation. The 

default landing limit of Eastern GB cod 

for NE multispecies DAS vessels fishing 

in the Eastern U.S./Canada Area is 500 

lb (226.8 kg) per DAS, or any part of a 

DAS, up to 5,000 lb (2,268 kg) per trip. 

NMFS published a temporary rule on 

December 23, 2008 (73 FR 78659), 

increasing the landing limit for Eastern 

GB cod to 1,000 lb (453.6 kg) per DAS, 

or any part of a DAS, up to 10,000 lb 

(4,535.9 kg) per trip. The limit was 

subsequently decreased on March 9, 

2009, to 500 lb per DAS, or any part of 

a DAS, up to 5,000 lb per trip, as the 

TAC was expected to be achieved by 

early April, prior to the conclusion of 

the 2008 fishing year. 

Based upon VMS daily catch reports 

and other available information, the 

2008 TAC is projected to be achieved if 

the Eastern U.S./Canada Area is closed 

immediately. Therefore, to ensure that 

the TAC for GB cod will not be 

exceeded, the Eastern U.S./Canada Area 

is closed to all limited access NE 


rmajette on PRODPC74 with RULES
17908 Federal Register / Vol. 74, No. 74 / Monday, April 20, 2009 / Rules and Regulations 

multispecies DAS vessels, effective 0001 

hr April 16, 2009, pursuant to 

(§ 648.85(a)(3)(iv)(E), through the end of 

the 2008 fishing year (April 30, 2009). 

Vessel owners that have made a 

correct VMS declaration indicating their 

intention to fish in the Eastern U.S./ 

Canada Area, and crossed the 

demarcation line prior to 0001 hr April 

16, 2009 may continue to fish for the 

remainder of their trip in the Eastern 

U.S./Canada Area. Vessels that are 

currently declared into the Eastern U.S./ 

Canada Area and have already (flexed 

out( or (flexed west,( may not reenter 

the Eastern U.S./Canada Area after 0001 

hr April 16, 2009. Any vessel that leaves 

the Eastern U.S./Canada Area after 0001 

hr April 16, 2009 is prohibited from 

reentering the Eastern U.S./Canada Area 

for the remainder of the fishing year, 

unless otherwise notified. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

prior notice and comment and a delayed 

effectiveness would be impracticable 

and contrary to the public interest. This 

action will temporarily close the Eastern 

U.S./Canada Area to NE multispecies 

DAS vessels. This action is necessary to 

prevent the Eastern U.S./Canada Area 

GB cod TAC from being exceeded 

during the 2008 fishing year. Because of 

the rapidly increasing GB cod harvest 

rate, and the small GB cod TAC, it is 

projected that 102 percent of the GB cod 

TAC will be harvested if the Eastern 

U.S./Canada Area is closed 

immediately. This projection was not 

available until April 13, 2009. 

This action is required by the 

regulations at (§ 648.85(a)(3)(iv)(E) to 

prevent over-harvesting the U.S./Canada 

Management Area TACs. The time 

necessary to provide for prior notice, 

opportunity for public comment, and 

delayed effectiveness for this action 

would prevent the agency from taking 

immediate action to halt the catch of GB 

cod in the Eastern U.S./Canada Area 

and prevent the Eastern U.S./Canada 

Area GB cod TAC from being exceeded 

prior to the end of the 2008 fishing year. 

To allow vessels to continue directed 

fishing effort on GB cod and GB 

haddock during the period necessary to 

publish and receive comments on a 

proposed rule could allow the GB cod 

harvest to exceed the GB cod TAC for 

the 2008 fishing year. Exceeding the 

2008 TAC for GB cod would increase 

mortality of this overfished stock 

beyond that evaluated during the 

development of Amendment 13, 

resulting in decreased revenue for the 

NE multispecies fishery, increased 

negative economic impacts to vessels 

operating in the Eastern U.S./Canada 

Area, a reduced chance of achieving 

optimum yield in the groundfish 

fishery, and unnecessary delays to the 

rebuilding of this overfished stock. 

Exceeding the 2008 GB cod TAC would 

also necessitate that any overage of the 

GB cod TAC during the 2008 fishing 

year be deducted from the GB cod TAC 

for the 2009 fishing year. Reducing the 

2009 TAC due to exceeding the 2008 

TAC caused by delaying this action, 

therefore, would create an unnecessary 

burden on the fishing industry and 

further negative economic and social 

impacts that were not previously 

considered. 

The public is able to obtain 

information on the rate of harvest of the 

Eastern GB cod TAC via the NMFS 

Northeast Regional Office website 

(http://www.nero.noaa.gov), which 

provides at least some advanced notice 

of a potential action to prevent the TAC 

for Eastern GB cod from being exceeded 

during the 2008 fishing year. Further, 

the potential for this action was 

considered and open to public comment 

during the development of Amendment 

13 and Framework 42 to the FMP. 

Therefore, any negative effect the 

waiving of public comment and delayed 

effectiveness may have on the public is 

mitigated by these factors. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 15, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–8990 Filed 4–15–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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