Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26981 

Issued on: June 2, 2009. 

Ronald Medford, 

Acting Deputy Administrator, National 

Highway Traffic Safety Administration. 

Anna M. Gomez, 

Acting Assistant Secretary for 

Communications and Information. 

[FR Doc. E9–13206 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–59–C 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 22, and 52 

[FAC 2005–29, Amendment–4; FAR Case 

2007–013; Docket 2008–0001; Sequence 19] 

RIN 9000–AK91 

Federal Acquisition Regulation; FAR 

Case 2007–013, Employment Eligibility 

Verification 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Amendment to final rule; delay 

of applicability date. 

SUMMARY: The Department of Defense, 

General Services Administration, and 

National Aeronautics and Space 

Administration have agreed to delay the 

applicability date of FAR Case 2007– 

013, Employment Eligibility 

Verification, to September 8, 2009. 

DATES: Applicability Date: The 

applicability date of FAC 2005–29, 

Amendment–3, published April 17, 

2009, 74 FR 17793, is delayed until 

September 8, 2009. 

Contracting officers shall not include 

the new clause at 52.222–54, 

Employment Eligibility Verification, in 

any solicitation or contract prior to the 

applicability date of September 8, 2009. 

On or after September 8, 2009, 

contracting officers— 

• Shall include the clause in 

solicitations, in accordance with the 

clause prescription at 22.1803 and FAR 

1.108(d)(1); and 

• Should modify, on a bilateral basis, 

existing indefinite-delivery/indefinitequantity contracts in accordance with 

FAR 1.108(d)(3) to include the clause 

for future orders if the remaining period 

of performance extends beyond March 

8, 2010, and the amount of work or 

number of orders expected under the 

remaining performance period is 

substantial. 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

further information pertaining to status 

or publication schedule. Please cite FAC 

2005–29 (delay of applicability date). 

SUPPLEMENTARY INFORMATION: This 

document extends to September 8, 2009, 

the applicability date of the E-Verify 

rule, in order to permit the new 

Administration an adequate opportunity 

to review the rule. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–29, Amendment–4, is issued 

under the authority of the Secretary of 

Defense, the Administrator of General 

Services, and the Administrator for the 

National Aeronautics and Space 

Administration. 

The Federal Acquisition Regulation 

(FAR) contained in FAC 2005–29 was 

effective January 19, 2009, and is 

applicable September 8, 2009. 

Dated: May 29, 2009. 

Amy G. Williams, 

Acting Deputy Director, Defense Procurement 

and Acquisition Policy (Defense Acquisition 

Regulations System). 

Dated: June 1, 2009. 

Rodney P. Lantier, 

Acting Senior Procurement Executive & 

Acting Deputy Chief Acquisition Officer, 

Office of the Chief Acquisition Officer, U.S. 

General Services Administration. 

Dated: May 29, 2009. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–13124 Filed 6–4–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

49 CFR Part 1 

[Docket No. DOT–OST–1999–6189] 

RIN 9991–AA55 

Organization and Delegation of Powers 

and Duties: Federal Railroad 

Administrator and Federal Transit 

Administrator 

AGENCY: Office of the Secretary of 

Transportation (OST), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule delegates all of 

the authorities vested in the Secretary of 

Transportation (Secretary) by the Rail 

Safety Improvement Act of 2008 to the 

Administrator of the Federal Railroad 

Administration (FRA). This final rule 

also delegates the authorities vested in 


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26982 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

the Secretary by the Passenger Rail 

Investment and Improvement Act of 

2008 to the Administrator of FRA, 

except for the authorities vested in the 

Secretary by Title VI of that Act, which 

are delegated in this final rule to the 

Administrator of the Federal Transit 

Administration (FTA). 

DATES: Effective Date: June 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Bonnie Angermann, Office of General 

Counsel, Department of Transportation, 

1200 New Jersey Ave., SE., Washington, 

DC 20590; Telephone (202) 366–9166. 

SUPPLEMENTARY INFORMATION: This final 

rule updates the Code of Federal 

Regulations (CFR) section that sets forth 

authorities delegated from the Secretary 

of Transportation to other Departmental 

officials. Specifically, all authorities 

vested in the Secretary by the Rail 

Safety Improvement Act of 2008, Div. A 

of Public Law 110–432; 122 Stat. 4848 

et seq. (Oct. 16, 2008), are delegated to 

the Administrator of FRA. This final 

rule also delegates the authorities vested 

in the Secretary by the Passenger Rail 

Investment and Improvement Act of 

2008, Div. B of Public Law 110–432; 122 

Stat. 4907 et seq. (Oct. 16, 2008), to the 

Administrator of FRA, except for the 

authorities vested in the Secretary under 

one title of that Act, which are delegated 

in this final rule to the Administrator of 

FTA. 

Part 1 of Title 49 of the CFR describes 

the organization of DOT and provides 

for the performance of duties imposed 

upon, and the exercise of powers vested 

in, the Secretary. This final rule corrects 

a typographical error in section 1 

(‘‘Purpose’’) of this part. 

Section 1.49 of this part delegates to 

the Administrator of FRA the authority 

to carry out various functions and 

activities related to the mission of the 

agency. This rule delegates all 

authorities vested in the Secretary by 

the Rail Safety Improvement Act of 2008 

to the Administrator of FRA. In 

addition, this rule delegates the 

authorities vested in the Secretary by 

Titles I through V of the Passenger Rail 

Investment and Improvement Act of 

2008 (122 Stat. 4907 et seq.) to the 

Administrator of FRA. These titles 

address intercity rail passenger services 

and related programs. This final rule 

adds paragraphs (oo) and (pp) to 49 CFR 

1.49 to reflect these delegations to the 

Administrator of FRA. 

Section 1.51 of this part delegates to 

the Administrator of FTA the authority 

to carry out various functions and 

activities related to the mission of the 

agency. This rule delegates the authority 

vested in the Secretary by Title VI of the 

Passenger Rail Investment and 

Improvement Act of 2008 (122 Stat. 

4968), as it relates to capital and 

preventive maintenance projects for the 

Washington Metropolitan Area Transit 

Authority, to the Administrator of FTA. 

The FTA is responsible for mass 

transportation programs. This rule adds 

paragraph (j) to 49 CFR 1.51 to reflect 

these delegations. 

Since these amendments relate to 

DOT management, organization, 

procedure, and practice, notice and 

comment are unnecessary under 5 

U.S.C. 553(b). Further, since the final 

rule expedites DOT’s ability to meet the 

statutory intent of the applicable laws 

and regulations covered by this 

delegation, the Secretary finds good 

cause under 5 U.S.C. 553(d)(3) for the 

final rule to be effective on the date of 

publication in the Federal Register. 

Regulatory Analysis and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and the 

Regulatory Policies and Procedures of 

DOT (44 FR 11034). There are no costs 

associated with this final rule because it 

simply delegates authority from one 

DOT official to another. 

B. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

With Indian Tribal Governments’’). For 

the reasons previously stated, this final 

rule does not significantly or uniquely 

affect the communities of the Indian 

tribal governments and does not impose 

substantial direct compliance costs; 

therefore, the funding and consultation 

requirements of Executive Order 13175 

do not apply. 

C. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. We also do not 

believe this rule would impose any 

costs on small entities because it simply 

delegates authority from one DOT 

official to another. Therefore, I certify 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Paperwork Reduction Act 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). 

E. Unfunded Mandates Reform Act 

DOT has determined that the 

requirements of Title II of the Unfunded 

Mandates Reform Act of 1995 do not 

apply to this rulemaking. 

List of Subjects in 49 CFR Part 1 

Authority delegations (Government 

agencies), Organization and functions 

(Government agencies). 

■ For the reasons set forth in the 

preamble, part 1, subtitle A of title 49, 

Code of Federal Regulations is amended 

as follows: 

PART 1—[AMENDED] 

■ 1. The authority citation for part 1 is 

revised to read as follows: 

Authority: 49 U.S.C. 322; 46 U.S.C. 

2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); 

Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– 

159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. 

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

108–136, 117 Stat. 1392; Pub. L. 101–115, 

103 Stat. 691; Pub. L. 108–293, 118 Stat. 

1028; Pub. L. 109–364, 120 Stat. 2083; Pub. 

L. 110–140, 121 Stat. 1492; Pub. L. 110–432, 

122 Stat. 4848. 

■ 2. Revise § 1.1 to read as follows: 

§ 1.1 Purpose. 

This part describes the organization of 

the Department of Transportation and 

provides for the performance of duties 

imposed upon, and the exercise of 

powers vested in, the Secretary of 

Transportation by law. 

■ 3. Amend § 1.49 by adding paragraphs 

(oo) and (pp) as follows: 

§ 1.49 Delegations to Federal Railroad 

Administrator. 

* * * * * 

(oo) Carry out the functions and 

exercise the authority vested in the 

Secretary by the Rail Safety 

Improvement Act of 2008 (Pub. L. 110– 

432, Div. A, 122 Stat. 4848). 

(pp) Carry out the functions and 

exercise the authority vested in the 

Secretary by the Passenger Rail 

Investment and Improvement Act of 

2008 (Pub. L. 110–432, Div. B, 122 Stat. 

4907), except Title VI (122 Stat. 4968) as 

it relates to capital and preventive 

maintenance projects for the 

Washington Metropolitan Area Transit 

Authority. 

■ 4. Amend § 1.51 by adding paragraph 

(j) as follows: 

§ 1.51 Delegations to Federal Transit 

Administrator. 

* * * * * 

(j) Title VI of the Passenger Rail 

Investment and Improvement Act of 


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Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26983 

2008 (Pub. L. 110–432, Div. B, 122 Stat. 

4968). 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. E9–13021 Filed 6–4–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–XP43 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Suspension of the Primary Pacific 

Whiting Season for the Shore-based 

Sector South of 42≥ North Latitude 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing restrictions. 

SUMMARY: NMFS announces the 

suspension of the primary season for 

Pacific whiting (whiting) fishery for the 

shore-based sector south of 42° N. lat. at 

noon local time (l.t.) May 14, 2009. ‘‘Per 

trip’’ limits for whiting were reinstated 

until 0001 hours June 15, 2009, at which 

time the primary season for the shorebased sector opens coastwide. This 

action is authorized by regulations 

implementing the Pacific Coast 

Groundfish Fishery Management Plan 

(FMP), which governs the groundfish 

fishery off Washington, Oregon, and 

California. This action is intended to 

keep the harvest of whiting at the 2009 

allocation levels. 

DATES: Effective from noon l.t. May 14, 

2009, until 0001 hours June 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: The 

regulations at 50 CFR 660.323(a) 

established separate allocations for the 

catcher/processor, mothership, and 

shore-based sectors of the whiting 

fishery. The 2009 commercial Optimum 

Yield (OY) for Pacific whiting is 81,939 

mt. This is calculated by deducting the 

50,000–mt tribal set-aside and 4,000–mt 

for research catch and bycatch in nongroundfish fisheries from the 135,939 

mt total catch OY. Each sector receives 

a portion of the commercial OY, with 

the catcher/processors getting 34 

percent (27,859 mt), motherships getting 

24 percent (19,665 mt), and the shorebased sector getting 42 percent (34,414 

mt). The regulations further divide the 

shore-based allocation so that no more 

than 5 percent (1,721 mt) of the shorebased allocation may be taken in waters 

off the State of California before the 

primary season begins north of 42° N. 

lat. 

The primary season for the shorebased sector is the period or periods 

when the large-scale target fishery is 

conducted, and when ‘‘per trip’’ limits 

are not in effect for vessels targeting 

Pacific whiting with mid-water gear. 

Because whiting migrate from south to 

north during the fishing year, the shorebased primary whiting season begins 

earlier south of 42° N. lat. than north. 

For 2009: the primary season for the 

shore-based sector between 42°-40°30’ 

N. lat. began on April 1; south of 40°30’ 

N. lat., the primary season began on 

April 15; and the fishery north of 42° N. 

lat. is scheduled to begin June 15. 

Although the fishery opened in April, 

the vessels choose to delay fishing until 

May 1, 2009. 

Because the 1,721 mt allocation for 

the early season fishery off California 

was estimated to be reached, NMFS is 

announcing the suspension of the 

primary whiting season south of 42° N. 

lat. Regulations at 50 CFR 660.323 (b)(4) 

allow this action to be taken. The 

20,000–lb (9,072 kg) trip limit that was 

in place before the start of the southern 

primary season was reinstated remains 

in effect until the primary June 15. A 

trip limit of 10,000 lb (4,536 kg) of 

whiting is in effect year-round (unless 

landings of whiting are prohibited) for 

vessels that fish in the Eureka area 

shoreward of the 100–fm(183–m) 

contour at any time during a fishing 

trip. This smaller limit is intended to 

minimize incidental catch of Chinook 

salmon, which are more likely to be 

caught shallower than 100 fm (183 m) 

in the Eureka area. 

To prevent an allocation from being 

exceeded, regulations at 50 CFR 660.323 

(e) allow closure of the commercial 

whiting fisheries by actual notice to the 

fishery participants. Actual notice 

includes e-mail, internet, phone, fax, 

letter or press release. NMFS provided 

actual notice by e-mail, internet, and fax 

on May 13, 2009. 

NMFS Action 

This action announces achievement of 

the shore-based sector allocation 

specified at 50 CFR 660.323(a) for the 

fishery south of 42° N. lat. The best 

available information on May 13, 2009, 

indicated that 1,119 metric tons (mt) of 

whiting was taken through May 11,2009 

and that the 1,721 mt shore-based 

allocation for the early season fishery 

south of 42° N. lat would be reached by 

noon May 14, 2009. For the reasons 

stated here and in accordance with the 

regulations at 50 CFR 660.323(b)(4), 

NMFS herein announces: Effective noon 

May 14, 2009 until 0001 l.t., June 15, 

2009, the primary whiting season south 

of 42° N. lat is suspended. No more than 

20,000–lb (9,072 kg) of whiting may be 

taken and retained, possessed or landed 

by a catcher vessel participating in the 

shore-based sector of the whiting 

fishery. If a vessel fishes shoreward of 

the 100 fm (183 m) contour in the 

Eureka area (43° – 40° 30’ N. lat.) at any 

time during a fishing trip, the 10,000– 

lb (4,536 kg) trip limit applies. 

Classification 

This action is authorized by the 

regulations implementing the 

groundfish FMP. The determination to 

take these actions is based on the most 

recent data available. The aggregate data 

upon which the determinations are 

based are available for public inspection 

at the office of the Regional 

Administrator (see ADDRESSES) during 

business hours. The Assistant 

Administrator for Fisheries (AA), 

NMFS, finds good cause to waive the 

requirement to provide prior notice and 

opportunity for comment on this action 

pursuant to 5 U.S.C. 553 (3)(b)(B), 

because providing prior notice and 

opportunity would be impracticable. It 

would be impracticable because if this 

restriction were delayedin order to 

provide notice and comment, it would 

allow the allocation for the shore-based 

fishery south of 42° N. lat. to be 

exceeded. Similarly, the AA finds good 

cause to waive the 30–day delay in 

effectiveness requirement of 5 U.S.C. 

553 (d)(3), as such a delay would cause 

the fishery south of 42° N. lat. to exceed 

its allocation. Allowing the early season 

fishery to continue would result in a 

disproportionate shift in effort, which 

could result in greater impacts on 

Endangered Species Act listed Chinook 

salmon and overfished groundfish 

species that had been considered when 

the 2009 Pacific Coast groundfish 

harvest specifications were established. 

This action is taken under the 

authority of 50 CFR 660.323(b)(4), and 

is exempt from review under Executive 

Order 12866. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13178 Filed 6–4–09; 8:45 am] 

BILLING CODE 3510–22–S 


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