Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Rules and Regulations 23127 

(2) Each entity contacted that 

provided information concerning the 

individual; 

(3) A certification that the review was 

conducted in accordance with all 

applicable laws, regulations, and 

Executive Orders, including those 

governing the processing and privacy of 

an individual’s information collected 

during the review; 

(4) A certification that all information 

collected during the review was 

reviewed and evaluated in accordance 

with the contractor’s personnel policies; 

and 

(5) The results of the test for illegal 

drugs. 

When a DOE access authorization will 

be required, the aforementioned review 

must be conducted and the required 

information forwarded to DOE before a 

request is made to DOE to process the 

individual for an access authorization. 

(vi) Management and operating 

contractors and other contractors 

operating DOE facilities shall include 

the requirements set forth in this 

subsection in subcontracts 

(appropriately modified to identify the 

parties) wherein subcontract employees 

will be required to hold DOE access 

authorizations in order to perform onsite duties, such as protective force 

operations. 

* * * * * 

[FR Doc. E9–11522 Filed 5–15–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XN93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish, 

Pacific Ocean Perch, and Pelagic Shelf 

Rockfish in the Western Regulatory 

Area and West Yakutat District of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish, Pacific 

ocean perch, and pelagic shelf rockfish 

for catcher vessels subject to sideboard 

limits established under the Central 

GOA Rockfish Program in the Western 

Regulatory Area and West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to prevent 

exceeding the sideboard limits of 

northern rockfish, Pacific ocean perch, 

and pelagic shelf rockfish established 

for catcher vessels in the Western 

Regulatory Area and West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 1, 2009, through 2400 

hrs, A.l.t., July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 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. 

The 2009 sideboard limits established 

for catcher vessels subject to sideboard 

limits in the Central GOA Rockfish 

Program in the West Yakutat District are 

32 metric tons (mt) for Pacific ocean 

perch and 4 mt for pelagic shelf 

rockfish. In addition, the 2009 sideboard 

limits established for catcher vessels 

subject to sideboard limits under the 

Central GOA Rockfish Program in the 

Western Regulatory Area are 0 mt for 

northern rockfish, Pacific ocean perch, 

and pelagic shelf rockfish. The 

sideboard limits are established by the 

final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2009). 

In accordance with 

§ 679.82(d)(7)(i)(B), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that 

these sideboard limits are insufficient to 

support a directed fishing allowance for 

Pacific ocean perch and pelagic shelf 

rockfish in the West Yakutat District, as 

well as insufficient to support a directed 

fishing allowance for Pacific ocean 

perch, pelagic shelf rockfish, and 

northern rockfish in the Western 

Regulatory Area. Therefore, the Regional 

Administrator is setting a directed 

fishing allowance of 0 mt for each of 

these sideboard species in the West 

Yakutat District and Western Regulatory 

Area. Consequently, pursuant to 

§ 679.82(d)(7)(ii) NMFS is prohibiting 

directed fishing for Pacific ocean perch 

and pelagic shelf rockfish in the West 

Yakutat District and for northern 

rockfish, Pacific ocean perch, and 

pelagic shelf rockfish in the Western 

Regulatory Area by catcher vessels 

subject to sideboard limits in the Central 

GOA Rockfish Program, effective 1200 

hrs, A.l.t, July 1, 2009, through 2400 hrs, 

A.l.t., July 31, 2009. 

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. Pursuant to 5 U.S.C. 

553 (b)(B), the Assistant Administrator 

for Fisheries, NOAA (AA) finds good 

cause to waive prior notice and an 

opportunity for public comment on this 

action, as notice and comment is 

unnecessary. Notice and comment is 

unnecessary because the closure is non– 

discretionary; pursuant to 

§ 679.82(d)(7)(ii), the Regional 

Administrator has no choice but to 

prohibit directed fishing once it is 

determined that the directed fishing 

sideboard limit has been attained. 

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 § 679.82 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 11, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–11539 Filed 5–15–09; 8:45 am] 

BILLING CODE 3510–22–S 


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