Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61363 

recordkeeping requirements, comes 

from sections 114(a) and 301(a) of the 

CAA. 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Fuel additives, 

Gasoline, Imports, Labeling, Motor 

vehicle fuel, Motor vehicle pollution, 

Penalties, Reporting and recordkeeping 

requirements. 

Dated: October 9, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set forth in the 

preamble, 40 CFR part 80 is amended as 

set forth below: 

PART 80—REGULATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7542, 7545 and 

7601(a). 

■ 2. Section 80.1275 is amended as 

follows: 

■ a. By adding paragraph (d)(1)(v). 

■ b. By redesignating paragraph (d)(2) as 

paragraph (d)(3). 

■ c. By adding paragraph (d)(2). 

§ 80.1275 How are early benzene credits 

generated? 

* * * * * 

(d) * * * 

(1) * * * 

(v) Providing for benzene alkylation. 

(2)(i) A refiner may petition EPA to 

approve, for purposes of paragraph 

(d)(1) of this section, the use of 

operational changes and/or 

improvements in benzene control 

technology that are not listed in 

paragraph (d)(1) of this section to reduce 

gasoline benzene levels at a refinery. 

(ii) The petition specified in 

paragraph (d)(2)(i) of this section must 

be sent to: U.S. EPA, NVFEL–ASD, Attn: 

MSAT2 Early Credit Benzene Reduction 

Technology, 2000 Traverwood Dr., Ann 

Arbor, MI 48105. 

(iii) The petition specified in 

paragraph (d)(2)(i) of this section must 

show how the benzene control 

technology improvement or operational 

change results in a net reduction in the 

refinery’s average gasoline benzene 

level, exclusive of benzene reductions 

due simply to blending practices. 

(iv) The petition specified in 

paragraph (d)(2)(i) of this section must 

be submitted to EPA prior to the start of 

the first averaging period in which the 

refinery plans to generate early credits. 

(v) The refiner must provide 

additional information as requested by 

EPA. 

* * * * * 

[FR Doc. E8–24591 Filed 10–15–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

42 CFR Part 73 

RIN 0920–AA09 

Possession, Use, and Transfer of 

Select Agents and Toxins 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This document completes the 

biennial review and republication of the 

lists of biological agents and toxins 

regulated by the U.S. Department of 

Health and Human Services (HHS), as 

well as those biological agents and 

toxins regulated by both HHS and the 

U.S. Department of Agriculture (USDA). 

Because USDA has chosen to no longer 

regulate ten biological agents and toxins 

which HHS still believes have the 

potential to pose a severe threat to 

public health and safety, we have 

moved those ten biological agents and 

toxins from the overlap select agents 

and toxins section to the HHS select 

agents and toxins section of the select 

agent regulations. 

In a companion document published 

in this issue of the Federal Register, the 

USDA has established corresponding 

final rules regarding the select agents 

and toxins regulated only by the USDA, 

as well as those overlap select agents 

and toxins regulated by both agencies. 

DATES: The final rule is effective 

November 17, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Rd., MS A–46, Atlanta, GA 

30333. Telephone: (404) 718–2000. 

SUPPLEMENTARY INFORMATION: The Public 

Health Security and Bioterrorism 

Preparedness and Response Act of 2002, 

Subtitle A of Public Law 107–188 (42 

U.S.C. 262a) (the Bioterrorism 

Preparedness Act), requires the HHS 

Secretary to establish by regulation a list 

of each biological agent and each toxin 

that has the potential to pose a severe 

threat to public health and safety. In 

determining whether to include an 

agent or toxin on the list, the HHS 

Secretary considers the effect on human 

health of exposure to an agent or toxin; 

the degree of contagiousness of the 

agent and the methods by which the 

agent or toxin is transferred to humans; 

the availability and effectiveness of 

pharmacotherapies and immunizations 

to treat and prevent illnesses resulting 

from an agent or toxin; the potential for 

an agent or toxin to be used as a 

biological weapon; and the needs of 

children and other vulnerable 

populations. The Bioterrorism 

Preparedness Act requires that the HHS 

Secretary review and republish the list 

of select agents and toxins on at least a 

biennial basis. 

The HHS Secretary promulgated the 

current select agents and toxins lists in 

a final rule, published on March 18, 

2005, and made effective on April 18, 

2005. The select agents and toxins lists 

found in Part 73 are found in two 

sections. The biological agents and 

toxins listed in section 73.3 (HHS select 

agents and toxins) are those biological 

agents and toxins regulated only by 

HHS. The biological agents and toxins 

listed in section 73.4 (Overlap select 

agents and toxins) are those biological 

agents and toxins regulated both by 

HHS and USDA under the provisions of 

the Agricultural Bioterrorism Protection 

Act of 2002. 

The Agricultural Bioterrorism 

Protection Act of 2002, Subtitle B of 

Public Law 107–188 (7 U.S.C. 8401) (the 

Agricultural Bioterrorism Protection 

Act), requires the USDA Secretary to 

establish by regulation a list of each 

biological agent and each toxin that the 

Secretary determines has the potential 

to pose a severe threat to animal or plant 

health or animal or plant products. In 

determining whether to include an 

agent or toxin on the list, the USDA 

Secretary considers the effect of 

exposure to the agent or toxin on animal 

or plant health, and on the production 

and marketability of animal or plant 

products; the pathogenicity of the agent 

or the toxicity of the toxin and the 

methods by which the agent or toxin is 

transferred to animals and plants; the 

availability and effectiveness of 

pharmacotherapies and prophylaxis to 

treat and prevent any illness caused by 

the agent or toxin; and the potential of 

an agent or toxin for use as a biological 

weapon. The USDA Secretary is also 

required to conduct a biennial review of 

the USDA select agents and toxins list. 

To assist with the biennial review, 

HHS reviewed recommendations 

provided by subject matter experts and 

the Intragovernmental Select Agents and 


rwilkins on PROD1PC63 with NOTICES
61364 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

Toxins Technical Advisory Committee 

(ISATTAC). The ISATTAC is comprised 

of Federal government employees from 

the CDC, the National Institutes of 

Health (NIH), the Food and Drug 

Administration (FDA), the USDA/ 

Animal and Plant Health Inspection 

Service (APHIS), USDA/Agricultural 

Research Service (ARS), USDA/CVB 

(Center for Veterinary Biologics) and the 

Department of Defense (DOD). 

HHS completed its biennial review on 

February 22, 2007 and on August 28, 

2007, we published in the Federal 

Register (72 FR 49244) a proposal to 

neither add nor remove any agents or 

toxins from our select agents and toxins 

lists. However, we did advise that HHS 

intended to continue to regulate ten 

biological agents and toxins that USDA 

was proposing to no longer regulate. 

After conducting its biennial review, 

on August, 28, 2007 (72 FR 49231) 

USDA proposed that it would no longer 

regulate ten of the biological agents and 

toxins currently listed by them as 

‘‘overlap’’ select agents and toxins. 

Published in today’s Federal Register is 

USDA’s final rule that removes from 

Part 121 of Title 9 of the Code of Federal 

Regulations the following agents and 

toxins: Botulinum neurotoxins, 

Botulinum neurotoxin producing 

species of Clostridium, Coxiella 

burnetti, Francisella tularensis, 

Coccidioides immitis, Eastern equine 

encephalitis virus, T–2 toxin, 

Staphylococcal enterotoxins, 

Shigatoxin, and Clostridium perfringens 

epsilon toxin. 

For the proposed rule, we provided 

for a 60-day comment period for written 

comments that ended October 29, 2007. 

Relevant issues raised by the comments 

are discussed below. Based on the 

rationale set forth in the proposed rule, 

we are affirming the provisions of the 

proposed rule as a final rule. 

Commenters recommended that the 

following biological agents and toxins 

be removed from the HHS list to mirror 

their removal by USDA: (1) Botulinum 

neurotoxin producing species of 

Clostridium, (2) Eastern equine 

encephalitis virus, (3) Botulinum 

neurotoxins; and (4) Clostridium 

perfringens epsilon toxin because ‘‘they 

are found naturally in the U.S. and most 

are ubiquitous and the proposed rule 

does not give the basis for maintaining 

these naturally occurring agents.’’ One 

commenter further argued that 

Clostridium perfringens epsilon toxin 

should be removed because ‘‘the use of 

this toxin as a bioterrorism weapon is 

highly unlikely due to several factors 

including the method and effectiveness 

of administration, the lack of potential 

secondary transmission to uninfected 

individuals.’’ We made no changes 

based on these comments. The potential 

negative impact of exposure to a select 

agent or toxin to the public health may 

be different from its impact on 

agriculture. As a part of its review using 

subject matter experts, HHS determines 

whether a select agent or toxin has the 

potential to pose a significant public 

health threat based on the effect of the 

exposure to the agent or toxin to 

humans, the degree of contagiousness 

that an agent will have with respect to 

humans, availability of treatments for 

humans, and the susceptibility by 

vulnerable human populations. Based 

on these criteria, HHS confirmed its 

prior determination that these agents 

and toxins have the potential to pose a 

significant public health threat because 

they have acute toxicity, have lethality 

in humans, can easily be produced in 

large quantities, and can be transferred 

by an aerosol method. In contrast, 

USDA’s evaluations and determinations 

that it would remove these agents and 

toxins from its regulation is detailed in 

their Federal Register notice published 

on August 28, 2007 (See 72 FR 49231) 

and today’s Federal Register that: 

• Botulinum neurotoxin producing 

species of Clostridium (i.e., C. 

botulinum, C. butyricum and C. baratii) 

are widely distributed in soil, sediments 

of lakes and ponds, and decaying 

vegetation. The species may be found in 

any region of the world and some 

species may occasionally colonize the 

intestinal tract of birds and mammals 

under natural conditions. The 

neurotoxins produced by these agents 

produce the infectious toxicosis of 

botulism. There is a well known and 

established history of infection and 

toxicosis in agricultural species 

associated with C. botulinum in the 

United States, and UDSA concluded 

that Botulinum neurotoxin producing 

species do not pose a serious threat to 

American agriculture. 

• Based on evidence that 

transmissibility from animal to animal 

is negligible and that, historically, 

outbreaks of botulism occur periodically 

in the United States, USDA determined 

that botulinum neurotoxins are a poor 

agroterrorism weapon, and USDA 

should therefore remove Botulinum 

neurotoxins and Botulinum neurotoxin 

producing species of Clostridium from 

the list of overlap select agents in its 

regulations in § 121.4(b). 

• Eastern equine encephalitis virus 

has been recognized as an important 

veterinary pathogen that infects equines 

and birds during sporadic outbreaks. 

Infection results in central nervous 

system dysfunction and may result in 

moderate to high morbidity and 

mortality. The virus is maintained 

naturally in nature in marshes and 

swamps in an enzootic bird-mosquitobird cycle, and is endemic in the United 

States along the Atlantic and Gulf 

coasts. Eastern equine encephalitis virus 

does not play a major role in 

agricultural species of concern, and 

equine species are considered a deadend host of the virus. 

• Additionally, the working group 

concluded that because the following 

overlap select agents and toxins are 

naturally found in the United States, do 

not pose a significant impact to animal 

health, and are not likely candidates for 

use in an agroterrorism event directed 

toward animal health, these select 

agents and toxins would have a limited 

socio-economic impact on American 

agriculture, and thus should be removed 

from the list: Botulinum neurotoxin 

producing species of Clostridium, 

Clostridium perfringens epsilon toxin, 

Francisella tularensis, Staphylococcal 

enterotoxin, shigatoxin, and T–2 toxin. 

One commenter further proposed that 

(1) ‘‘CDC provides an exemption for the 

use of the agents noted above in the 

manufacture of veterinary biologics in 

facilities licensed by the USDA’s Center 

for Veterinary Biologics (CVB) or their 

investigational use by biologics firms 

under CVB supervision,’’ (2) ‘‘that they 

remain on the overlap list’’ or (3) ‘‘if 

they remain on the CDC Select Agent 

list and are removed from the Overlap 

list that CDC utilize the CVB for 

oversight and inspection of CVB 

licensed firms.’’ We made no changes 

based on these comments. The 

regulations currently provide that 

products that are, bear, or contain listed 

select agents or toxins that are cleared, 

approved, licensed, or registered under 

the Virus-Serum-Toxin Act (21 U.S.C. 

151–159) are exempt from the 

provisions of this part insofar as their 

use meets the requirements of that Act. 

Veterinary biologics licensed by USDA’s 

Center for Veterinary Biologics are 

licensed under the authority of the 

Virus-Serum-Toxin Act. The regulations 

also provide that on a case-by-case basis 

the HHS Secretary may exempt from the 

requirements of the part 73 regulations 

an investigational product that is, bears, 

or contains a select agent or toxin, when 

such product is being used in an 

investigation authorized under any 

Federal Act and additional regulation 

under part 73 is not necessary to protect 

public health and safety. See 42 CFR 

73.5(d). While we and USDA do 

everything we can to minimize 

disruption due to select agent oversight, 

CDC has determined that it would not 

be appropriate to utilize CVB for 

oversight and inspection of registered 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61365 

entities that only have select agents and 

toxins on the HHS list. 

Several commenters noted a 

typographical error on page 49245 that 

listed the aggregate amount for 

Botulinum neurotoxins as ‘‘05. mg.’’ 

This was a typographical error and we 

were not proposing to change the 

aggregate amount for Botulinum 

neurotoxins under the control of a 

principal investigator, a treating 

physician or veterinarian, or a 

commercial manufacturer or distributor 

that would meet the exclusion 

provisions for part 73. The maximum 

aggregate amount of Botulinum 

neurotoxins under the control of a 

principal investigator, a treating 

physician or veterinarian, or a 

commercial manufacturer or distributor 

that meets the requirement for exclusion 

under 42 CFR 73.4 will continue to be 

0.5 mg. 

Regulatory Analyses 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

HHS consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined no new information 

collection requirements are associated 

with this proposed rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been reviewed 

under Executive Order 12866, and has 

been determined not to be significant. 

For this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines that a rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

This rule will have no costs because it 

merely changes the designation of ten 

select agents and toxins from being 

regulated by both HHS and USDA to 

being regulated solely by HHS. We 

hereby certify this proposed rule will 

not have a significant economic impact 

on a substantial number of small 

businesses. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

at 2 U.S.C. 1532 requires that agencies 

prepare an assessment of anticipated 

costs and benefits before developing any 

rule that may result in expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more (adjusted for 

inflation) in any given year. This 

proposed rule is not expected to result 

in any one-year expenditure that would 

exceed this amount. 

Executive Order 12988 

This Final Rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Would 

preempt all State and local laws and 

regulations that are inconsistent with 

this rule; (2) would have no retroactive 

effect; and (3) would not require 

administrative proceedings before 

parties may file suit in court challenging 

this rule. 

Executive Order 13132 

This Final Rule has been reviewed 

under Executive Order 13132, 

Federalism. The notice does not propose 

any regulation that would preempt 

State, local, and Indian tribe 

requirements, or that would have any 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 42 CFR Part 73 

Biologics, Incorporation by reference, 

Packaging and containers, Penalties, 

Reporting and recordkeeping 

requirements, Transportation. 

Dated: September 22, 2008. 

Michael O. Leavitt, 

Secretary. 

■ For the reasons stated in the preamble, 

we have amended 42 CFR part 73 as 

follows: 

PART 73—SELECT AGENTS AND 

TOXINS 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 42 U.S.C. 262a; sections 201– 

204, 221 and 231 of Title II of Public Law 

107–188, 116 Stat. 637 (42 U.S.C. 262a). 

■ 2. In § 73.3, revise paragraphs (b), 

(d)(3), and (f)(3)(i) to read as follows: 

§ 73.3 HHS select agents and toxins. 

* * * * * 

(b) HHS select agents and toxins: 

Abrin 

Botulinum neurotoxins 

Botulinum neurotoxin producing 

species of Clostridium 

Cercopithecine herpesvirus 1 (Herpes B 

virus) 

Clostridium perfringens epsilon toxin 

Coccidioides posadasii/Coccidioides 

immitis 

Conotoxins 

Coxiella burnetii 

Crimean-Congo haemorrhagic fever 

virus 

Diacetoxyscirpenol 

Eastern Equine Encephalitis virus 

Ebola viruses 

Francisella tularensis 

Lassa fever virus 

Marburg virus 

Monkeypox virus 

Ricin 

Rickettsia prowazekii 

Rickettsia rickettsii 

Saxitoxin 

Shiga-like ribosome inactivating 

proteins 

Shigatoxin 

South American Haemorrhagic Fever 

viruses (Junin, Machupo, Sabia, 

Flexal, Guanarito) 

Staphylococcal enterotoxins 

T–2 toxin 

Tetrodotoxin 

Tick-borne encephalitis complex (flavi) 

viruses (Central European Tick-borne 

encephalitis, Far Eastern Tick-borne 

encephalitis [Russian Spring and 

Summer encephalitis, Kyasanur 

Forest disease, Omsk Hemorrhagic 

Fever]) 

Variola major virus (Smallpox virus) 

and Variola minor virus (Alastrim) 

Yersinia pestis 

* * * * * 

(d) * * * 

(3) HHS toxins under the control of a 

principal investigator, treating 

physician or veterinarian, or 

commercial manufacturer or distributor, 

if the aggregate amount does not, at any 

time, exceed the following amounts: 100 

mg of Abrin; 0.5 mg of Botulinum 

neurotoxins; 100 mg of Clostridium 

perfringens epsilon toxin; 100 mg of 

Conotoxins; 1,000 mg of 

Diacetoxyscirpenol; 100 mg of Ricin; 

100 mg of Saxitoxin; 100 mg of Shigalike ribosome inactivating proteins; 100 

mg of Shigatoxin; 5 mg of 

Staphylococcal enterotoxins; 1,000 mg 

of T–2 toxin; or 100 mg of Tetrodotoxin. 

* * * * * 

(f) * * * 

(3) * * * 

(i) The seizure of Botulinum 

neurotoxins, Ebola viruses, Francisella 

tularensis, Lassa fever virus, Marburg 

virus, South American Haemorrhagic 

Fever virus (Junin, Machupo, Sabia, 

Flexal, Guanarito), Variola major virus 

(Smallpox virus), Variola minor 

(Alastrim), or Yersinia pestis 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. 

* * * * * 


rwilkins on PROD1PC63 with NOTICES
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