Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30479 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. TSA has 

assessed the potential effect of this 

rulemaking and has determined that it 

will not create any unnecessary 

obstacles to foreign commerce. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 is intended, among other things, 

to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and tribal governments. Title II of 

the Act requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed or final agency rule that may 

result in a $100 million or more 

expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’ 

This rulemaking does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply and TSA has not prepared a 

statement under the Act. 

IV. Executive Order 13132, Federalism 

TSA has analyzed this final rule 

under the principles and criteria of E.O. 

13132, Federalism. We have determined 

that this action will not have a 

substantial direct effect on the States, or 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

have determined that this action does 

not have federalism implications. 

V. Environmental Analysis 

TSA has reviewed this action for 

purposes of the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4347) and has determined that 

this action will not have a significant 

effect on the human environment. 

VI. Energy Impact Analysis 

The energy impact of the action has 

been assessed in accordance with the 

Energy Policy and Conservation Act 

(EPCA), Public Law 94–163, as amended 

(42 U.S.C. 6362). We have determined 

that this rulemaking is not a major 

regulatory action under the provisions 

of the EPCA. 

List of Subjects in 49 CFR Part 1570 

Appeals, Commercial drivers license, 

Criminal history background checks, 

Explosives, Facilities, Hazardous 

materials, Incorporation by reference, 

Maritime security, Motor carriers, Motor 

vehicle carriers, Ports, Seamen, Security 

measures, Security threat assessment, 

Vessels, Waivers. 

The Amendments 

■ For the reasons set forth in the 

preamble, the interim rule for part 1570 

of Title 49 of the Code of Federal 

Regulations, adding § 1570.13, 

published July 31, 2008, at 73 FR 44665, 

is adopted as final, without change. 

Issued in Arlington, VA, on June 22, 2009. 

Gale D. Rossides, 

Acting Administrator. 

[FR Doc. E9–15080 Filed 6–25–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XP91 

Atlantic Highly Migratory Species; 

Inseason Action to Close the 

Commercial Non–Sandbar Large 

Coastal Shark Fisheries in the Shark 

Research Fishery and Atlantic Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishery closures. 

SUMMARY: NMFS is closing the 

commercial fisheries for non–sandbar 

large coastal sharks (LCS) in both the 

shark research fishery and Atlantic 

region. This action is necessary because 

NMFS estimated that these fisheries 

have reached or exceeded 80 percent of 

the available quota. 

DATES: The commercial non–sandbar 

LCS fisheries in both the shark research 

fishery and the Atlantic region are 

closed effective 11:30 p.m. local time 

July 1, 2009, until the effective date of 

the final 2010 shark season 

specifications in which NMFS will 

publish a separate document in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster–Geisz or Guy ́ DuBeck, 

301–713–2347; fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the 2006 Consolidated Atlantic 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and its implementing 

regulations found at 50 CFR part 635 

issued under authority of the 

Magnuson–Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Under § 635.5(b)(1), shark dealers are 

required to report every two weeks. 

Dealer reports for fish received between 

the 1st and 15th of any month must be 

received by NMFS by the 25th of that 

month. Dealer reports for fish received 

between the 16th and the end of any 

month must be received by NMFS by 

the 10th of the following month. In 

addition, shark landings within the 

shark research fishery are monitored via 

scientific observer reports. Under 

§ 635.28(b)(2), when NMFS projects that 

fishing season landings for a specific 

shark quota have reached or are about 

to reach 80 percent of the available 

quota, NMFS will file for publication 

with the Office of the Federal Register 

a notice of closure for that shark species 

group that will be effective no fewer 

than 5 days from the date of filing. From 

the effective date and time of the closure 

until NMFS announces, via a notice in 

the Federal Register, that additional 

quota is available and the season is 

reopened, the fishery for that specific 

quota is closed, even across fishing 

years. 

On December 24, 2008 (73 FR 79005), 

NMFS announced that the non–sandbar 

LCS quota for the shark research fishery 

for the 2009 fishing year would be 37.5 

metric tons (mt) dressed weight (dw) 

(82,673 lb dw). Scientific observer 

reports through June 15, 2009, indicate 

that 34.9 mt dw or 93 percent of the 

available quota for non–sandbar LCS 

Atlantic shark research fishery has been 

taken. This amount exceeds the 80 

percent limit specified in the 

regulations. Accordingly, NMFS is 

closing the commercial non–sandbar 

LCS fishery in the shark research fishery 

as of 11:30 p.m. local time July 1, 2009. 

On December 24, 2008, NMFS 

announced that the non–sandbar LCS 

quota in the Atlantic region would be 

187.8 mt dw (414,024 lb dw). Dealer 

reports through May 31, 2009, indicate 

that 138.9 mt dw or 74 percent of the 

available quota for non–sandbar LCS 

has been taken. Dealer reports indicate 

that 19 percent of the quota was taken 

in April and 18 percent taken in May. 

Based on dealer reports in April and 

May, NMFS estimates that 

approximately 19 percent of the quota 

could be taken in June. Based on this 

projection, the non–sandbar LCS 

Atlantic region fishery could reach 92 

percent of the quota, which exceeds the 

30480 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

80 percent limit specified in the 

regulations. Accordingly, NMFS is 

closing the commercial non–sandbar 

LCS fishery in the Atlantic region as of 

11:30 p.m. local time July 1, 2009. 

As such, as of July 1, 2009, all 

commercial non–sandbar LCS fisheries 

in all regions and fisheries will be 

closed. All other Atlantic shark fisheries 

remain open. 

During this closure, a fishing vessel, 

issued an Atlantic Shark LAP and a 

valid shark research permit with a 

NMFS–approved observer onboard, 

pursuant to § 635.4, may not possess or 

sell a non–sandbar LCS. A shark dealer, 

issued a permit pursuant to § 635.4, may 

not purchase or receive non–sandbar 

LCS from a vessel issued an Atlantic 

Shark LAP and a valid shark research 

permit with a NMFS–approved observer 

onboard, except that a permitted shark 

dealer or processor may possess sharks 

that were harvested, off–loaded, and 

sold, traded, or bartered, prior to the 

effective date of the closure and were 

held in storage. Additionally, a shark 

dealer issued a federal permit, pursuant 

to § 635.4, may in accordance with state 

regulations, purchase or receive a non– 

sandbar LCS if the shark was harvested, 

off–loaded, and sold, traded, or bartered 

from a vessel that fishes only in state 

waters and had not been issued a Shark 

LAP, HMS Angling permit, or HMS CHB 

permit under § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the 

fisheries are currently underway, and 

any delay in this action would cause 

overharvest of the quotas and be 

inconsistent with management 

requirements and objectives. Similarly, 

affording prior notice and opportunity 

for public comment on this action is 

contrary to the public interest because if 

the quotas are exceeded, the affected 

public is likely to experience reductions 

in the available quotas and a lack of 

fishing opportunities in future seasons. 

Thus, for these reasons, the AA also 

finds good cause to waive the 30-day 

delay in effective date pursuant to 5 

U.S.C. 553 (d)(3). This action is required 

under § 635.28(b)(2) and is exempt from 

review under Executive Order 12866. 

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

Dated: June 23, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–15198 Filed 6–25–09; 8:45 am] 

BILLING CODE 3510–22–S