21558 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations 

health or risk to safety that may 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

With Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. In the separate action of a 

recognized classification society issuing 

an IAPP, any technical standards 

applied would be those from MARPOL 

Annex VI itself and 33 U.S.C. 1907(a), 

which makes it unlawful to act in 

violation of the MARPOL Protocol. 

MARPOL Protocol is now defined to 

include Annex VI. 33 U.S.C. 

1901(a)(4)&(5). 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.lD, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f), 

and have concluded that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraph 34(d), from 

the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves IAPP 

certificates and falls within the 

documentation portion of this 

categorical exclusion. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects for 46 CFR Part 8 

Administrative practice and 

procedure, Incorporation by reference, 

Organization and functions 

(Government agencies), Reporting and 

recordkeeping requirements, Vessels. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 8 as follows: 

PART 8—VESSEL INSPECTION 

ALTERNATIVES 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: 46 U.S.C. 3103, 3306, 3316, 

3703; Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. In § 8.320— 

■ a. In paragraph (b)(10), remove the 

word ‘‘and’’; 

■ b. In paragraph (b)(11), remove the 

period and add, in its place, ‘‘; and’’; 

and 

■ c. Add new paragraph (b)(12) to read 

as follows: 

§ 8.320 Classification society authorization 

to issue international certificates. 

* * * * * 

(b) * * * 

(12) MARPOL 73/78 International Air 

Pollution Prevention Certificate. 

* * * * * 

Dated: April 30, 2009. 

Jeffrey G. Lantz, 

U.S. Coast Guard, Director, Commercial 

Regulations and Standards. 

[FR Doc. E9–10749 Filed 5–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 970730185–7206–02] 

RIN 0648–XO98 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2009 Gulf of Mexico Recreational 

Fishery for Red Snapper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the recreational 

fishery for red snapper in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico (Gulf). In addition, a person 

aboard a vessel for which a Federal 

charter vessel/headboat permit for Gulf 

reef fish has been issued, must also 

abide by these closure provisions in 

state waters if the Federal closure 

provisions are more restrictive than 

applicable state law. NMFS has 

determined this action is necessary to 

prevent the recreational fishery from 

exceeding its quota for the fishing year. 

This closure is necessary to prevent 

overfishing of Gulf red snapper. 

DATES: The closure is effective 12:01 

a.m., local time, August 15, 2009, 

through December 31, 2009. The 

recreational fishery will reopen on June 

1, 2010, the beginning of the 2010 

recreational fishing season. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Steve Branstetter, telephone 727–551– 

5796, fax 727–824–5308, e-mail 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The red 

snapper fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP). 

The FMP was prepared by the Gulf of 

Mexico Fishery Management Council 

(Council) and is implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Background 

Constraining harvest to the quota is 

crucial to meeting the legal 

requirements to prevent and end 

overfishing and rebuild the red snapper 

resource of the Gulf of Mexico. On 

February 28, 2008, new fishing 

regulations were implemented by NMFS 


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Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations 21559 

to reduce the harvest and discard of red 

snapper in the Gulf commercial and 

recreational directed snapper fishery 

and shrimp fishery. Regulatory changes 

for the recreational fishery included 

reducing the recreational quota to 2.45 

million lb (1.11 million kg), reducing 

the recreational bag limit from 4 to 2 

fish per person, prohibiting for-hire 

captain and crew from retaining bag 

limits of red snapper while under 

charter, and reducing the recreational 

season length from 194 days (April 21– 

October 31) to 122 days (June 1– 

September 30). 

On March 25, 2008, NMFS announced 

the Gulf red snapper recreational fishery 

was being closed effective August 5, 

2008, for the remainder of the 2008 

fishing year (73 FR 15674). Projections 

at that time indicated the quota would 

be met or exceeded by that date due to 

incompatible regulations with some 

Gulf states. Despite the early closure 

and new regulatory measures, 2008 

recreational red snapper landings were 

3.65 million lb (1.66 million kg)-- 

exceeding the quota by 1.2 million lb 

(0.5 million kg). This overage was in 

part due to incompatible regulations 

with some Gulf states, as well as larger, 

heavier red snapper being landed in 

2008. 

In 2009, red snapper state fishing 

season changes are proposed for the 

states of Alabama and Florida to further 

reduce recreational red snapper harvest. 

Both Florida and Alabama are proposing 

fishing seasons in state waters 

consistent with the Federal fishing 

season. No changes to fishing seasons 

are proposed for the remaining Gulf 

states. The fishing season in state waters 

off Mississippi will be the same as the 

Federal red snapper season, Louisiana’s 

season currently extends from June 1 

through September 30 but compatibility 

with the Federal fishing season is 

anticipated, and Texas will maintain a 

year-round fishing season in state 

waters. 

Using reported landings for 2008, and 

taking into account state regulatory 

changes in 2009, NMFS projects the 

2009 recreational red snapper quota will 

be met on August 14, 2009. Therefore, 

in accordance with 50 CFR 622.43(a), 

NMFS is closing the recreational red 

snapper fishery in the Gulf EEZ effective 

12:01 a.m. local time on August 15, 

2009; the recreational fishery will 

reopen on June 1, 2010, the beginning 

of the 2010 recreational fishing season. 

This quota closure also complies with 

section 407(d) of the Magnuson-Stevens 

Act, which requires that the retention of 

red snapper be prohibited for the 

remainder of the fishing year once the 

quota is met. 

In addition to the Gulf EEZ closure, as 

specified in 50 CFR 622.4(a)(1)(iv), a 

person aboard a vessel for which a 

Federal charter vessel/headboat permit 

for Gulf reef fish has been issued must 

also abide by these closure provisions in 

state waters if Federal regulations 

regarding this closure are more 

restrictive than applicable state law. The 

closure is intended to prevent 

overfishing and increase the likelihood 

that the 2009 quota will not be 

exceeded. A detailed summary of the 

quota closure analysis can be found at 

http://sero.nmfs.noaa.gov/. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

finds good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(3)(B). Such procedures 

would be unnecessary because the rule 

implementing the quota and the 

associated requirement for closure of the 

fishery when the quota is reached or 

projected to be reached already has been 

subject to notice and comment, and all 

that remains is to notify the public of 

the closure. NMFS is mandated by 

section 407(d) of the Magnuson-Stevens 

Act, to establish this quota; keep harvest 

within the quota; and close the fishery 

when the quota is reached. NMFS also 

has a legal obligation to keep harvest 

within the quota limits established by 

the stock rebuilding plan in the FMP. 

Providing prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest. Many of those affected by this 

closure, particularly charter vessel and 

headboat operations, book trips for 

clients months in advance and, 

therefore, need as much time as possible 

to adjust business plans to account for 

the closure. Delaying announcement of 

the closure rule to accommodate prior 

public notice and comment would 

result in significantly less advance 

notice of the definitive closure date; 

decrease the time available for affected 

participants to adjust business plans; 

and be very disruptive. Given the legal 

obligation to implement this closure in 

a timely manner, NMFS believes it is 

important to establish the closure date 

as soon as possible to allow affected 

participants the maximum amount of 

time to adjust their fishing activities 

consistent with the closure. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: May 5, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–10822 Filed 5–7–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.070817467–8554–02] 

RIN 0648–XP03 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Atlantic 

Sea Scallop Fishery; Closure of the 

Limited Access General Category 

Scallop Fishery to Individual Fishing 

Quota Scallop Vessels 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

Limited Access General Category 

(LAGC) Scallop Fishery will close to 

individual fishing quota (IFQ) scallop 

vessels until it re-opens on June 1, 2009, 

under current regulations. This action is 

based on the determination that the first 

quarter scallop total allowable catch 

(TAC) for LAGC IFQ scallop vessels 

(including vessels issued an IFQ letter 

of authorization (LOA) to fish under 

appeal), is projected to be landed. This 

action is being taken to prevent IFQ 

scallop vessels from exceeding the 2009 

first quarter TAC, in accordance with 

the regulations implementing 

Amendment 11 to the Atlantic Sea 

Scallop Fishery Management Plan 

(FMP), enacted by Framework 19 to the 

FMP, and the Magnuson-Stevens 

Fishery Conservation and Management 

Act. 

DATES: The closure of the LAGC fishery 

to all IFQ scallop vessels is effective 

0001 hr local time, May 6, 2009, through 

May 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

(978) 281–9221, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the LAGC fishery are found at §§ 648.59 

and 648.60. Regulations specifically 

governing IFQ scallop vessel operations 


hsrobinson on PROD1PC76 with RULES