61366 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

■ 3. In § 73.4, revise paragraphs (b) and 

(f)(3)(i), and remove paragraph (d)(3) to 

read as follows: 

§ 73.4 Overlap select agents and toxins. 

* * * * * 

(b) Overlap select agents and toxins: 

Bacillus anthracis 

Brucella abortus 

Brucella melitensis 

Brucella suis 

Burkholderia mallei (formerly 

Pseudomonas mallei) 

Burkholderia pseudomallei (formerly 

Pseudomonas pseudomallei) 

Hendra virus 

Nipah virus 

Rift Valley fever virus 

Venezuelan Equine Encephalitis virus 

* * * * * 

(f) * * * 

(3) * * * 

(i) The seizure of Bacillus anthracis, 

Brucella melitensis, Hendra virus, 

Nipah virus, Rift Valley fever virus, or 

Venezuelan equine encephalitis virus 

must be reported within 24 hours by 

telephone, facsimile, or e-mail. This 

report must be followed by submission 

of APHIS/CDC Form 4 within seven 

calendar days after seizure of the select 

agent or toxin. 

* * * * * 

■ 4. In § 73.5 revise paragraph (a)(3)(i) to 

read as follows: 

§ 73.5 Exemptions for HHS select agents 

and toxins. 

(a) * * * 

(3) * * * 

(i) The identification of any of the 

following HHS select agents or toxins 

must be immediately reported by 

telephone, facsimile, or e-mail: 

Botulinum neurotoxins, Ebola viruses, 

Francisella tularensis, Lassa fever virus, 

Marburg virus, South American 

Haemorrhagic Fever viruses (Junin, 

Machupo, Sabia, Flexal, Guanarito), 

Variola major virus (Smallpox virus), 

Variola minor (Alastrim), or Yersinia 

pestis. This report must be followed by 

submission of APHIS/CDC Form 4 

within seven calendar days after 

identification. 

* * * * * 

■ 5. In § 73.6, revise paragraph (a)(3)(i) 

to read as follows: 

§ 73.6 Exemptions for overlap select 

agents and toxins. 

(a) * * * 

(3) * * * 

(i) The identification of any of the 

following overlap select agents or toxins 

must be immediately reported by 

telephone, facsimile, or e-mail: Bacillus 

anthracis, Brucella melitensis, Hendra 

virus, Nipah virus, Rift Valley fever 

virus, or Venezuelan equine 

encephalitis virus. This report must be 

followed by submission of APHIS/CDC 

Form 4 within seven calendar days after 

identification. 

* * * * * 

[FR Doc. E8–24623 Filed 10–15–08; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106673–8011–02] 

[ID 101008A] 

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) by 

vessels participating in the BSAI trawl 

limited access fishery. This action is 

necessary to fully use the 2008 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.), October 10, 2008, through 

1200 hrs, A.l.t., October 13, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 27, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘ID 101008A,’’ 

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 September 1, 

2008 (73 FR 51242, September 2, 2008). 

NMFS has determined that 

approximately 152 mt of the 2008 Atka 

mackerel TAC specified 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 

2008 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 opening 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 after 72 hours. Consequently, 

NMFS is prohibiting directed fishing for 

the 2008 TAC of Atka mackerel in these 

areas specified for vessels participating 

in the BSAI trawl limited access fishery 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61367 

effective 1200 hrs, A.l.t., October 13, 

2008. 

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 October 8, 2008. 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 by 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 October 27, 2008. 

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: October 10, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–24585 Filed 10–10–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

[ID 101008B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 of the Gulf of Alaska 

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 pollock in Statistical Area 

610 of the Gulf of Alaska (GOA) for 48 

hours. This action is necessary to fully 

use the 2008 total allowable catch (TAC) 

of pollock specified for Statistical Area 

610 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 12, 2008, through 

1200 hrs, A.l.t., October 14, 2008. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., October 27, 2008. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by ‘‘ID 101008B,’’ 

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: Josh 

Keaton, 907–586–7228. 

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. 

NMFS closed the directed fishery for 

pollock in Statistical Area 610 of the 

GOA under § 679.20(d)(1)(iii) on 

October 6, 2008 (73 FR 59538, October 

9, 2008). 

NMFS has determined that 

approximately 750 metric tons of 

pollock 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 

2008 TAC of pollock in Statistical Area 

610, NMFS is terminating the previous 

closure and is reopening directed 

fishing for pollock in Statistical Area 

610 of the GOA. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached after 

48 hours. Consequently, NMFS is 

prohibiting directed fishing for pollock 

in Statistical Area 610 of the GOA 

effective 1200 hrs, A.l.t., October 14, 

2008. 

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 opening of pollock in 

Statistical Area 610 of 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 October 9, 

2008. 

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 


rwilkins on PROD1PC63 with NOTICES