29430 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 

2–1, paragraph (34)(g), of the 

Instruction. This rule involves the 

establishment of a safety zone. Based on 

our preliminary determination, there are 

no factors in this case that would limit 

the use of a categorical exclusion under 

section 2.B.2 of the Instruction. 

Therefore, we believe that this rule 

should be categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. Because this event 

establishes a safety zone, paragraph 

(34)(g) of the Instruction applies. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T09– 

0483 as follows: 

§ 165.T09–0483 Safety Zone; Target 

Fireworks; Detroit River; Detroit, MI. 

(a) Location. The following areas are 

temporary safety zones: 

(1) The first safety zone area will 

encompass all waters of the Detroit 

River bounded by the arc of a circle 

with a 900-foot radius with its center in 

approximate position 42°19′23′′ N, 

083°04′34′′ W (NAD 83). 

(2) The second safety zone area will 

encompass a portion of the Detroit River 

bounded on the South by the 

International Boundary line, on the 

West by 83°03′30′′ W, on the North by 

the City of Detroit shoreline and on the 

East by 083°01′15′′ W (NAD 83). 

(3) The third safety zone will 

encompass a portion of the Detroit River 

bounded on the South by the 

International Boundary line, on the 

West by the Ambassador Bridge, on the 

North by the City of Detroit shoreline, 

and on the East by the downstream end 

of Belle Isle. The Captain of the Port 

Detroit has determined that vessels 

below 65 feet in length may enter this 

zone. 

(b) Effective Period. 

(1) The first safety zone is effective 

from 7 a.m. on June 20, 2009 to 5 p.m. 

on June 25 2009. The first safety zone 

will be enforced from 7 a.m. to 9 p.m. 

on June 20, 2009, from 6 a.m. to 9 p.m. 

June 21, 2009, from 6 a.m. to 9 p.m. June 

22, 2009, from 6 a.m. to 9 p.m. June 23, 

2009 and from 6 a.m. to 5 p.m. on June 

24, 2009. In the event of inclement 

weather, the first safety zone will also 

be enforced from 6 a.m. to 5 p.m. on 

June 25, 2009. 

(2) The second safety zone is effective 

from 5 p.m. on June 24, 2009 through 

12:15 a.m. on June 26, 2009. The second 

safety zone will be enforced from 5 p.m. 

on June 24, 2009 through 12:15 a.m. on 

June 25, 2009. In the event of inclement 

weather, the second safety zone will 

also be enforced from 5 p.m. on June 25, 

2009 to 12:15 a.m. on June 26, 2009. 

(3) The third safety zone is effective 

from 8 p.m. on June 24, 2009 through 

12:15 a.m. on June 26, 2009. The third 

safety zone will be enforced from 8 p.m. 

on June 24, 2009 through 12:15 a.m. on 

June 25, 2009. In the event of inclement 

weather, the third safety zone will also 

be enforced from 8 p.m. on June 25, 

2009 to 12:15 a.m. on June 26, 2009. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit, or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his on-scene representative to obtain 

permission to do so. 

(5) Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the Captain of the Port or his 

on-scene representative. 

Dated: June 8, 2009. 

F.M. Midgette, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E9–14549 Filed 6–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

Collection of Debts Owed by Reason of 

Participation in a Benefits Program 

CFR Correction 

In Title 38 of the Code of Federal 

Regulations, Parts 0 to 17, revised as of 

July 1, 2008, on page 91, in § 1.911, 

remove paragraphs (b)(1) through (b)(4). 

[FR Doc. E9–14689 Filed 6–19–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XP56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Closure 

of the 2009 Deepwater Grouper 

Commercial Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for deepwater grouper (misty 

grouper, snowy grouper, yellowedge 

grouper, warsaw grouper, and speckled 

hind) in the exclusive economic zone 

(EEZ) of the Gulf of Mexico. NMFS has 

determined that the deepwater grouper 

quota for the commercial fishery will 

have been reached by June 27, 2009. 

This closure is necessary to protect the 

deepwater grouper resource. 

DATES: Closure is effective 12:01 a.m., 

local time, June 27, 2009, until 12:01 

a.m., local time, on January 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–551– 

5727, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the Fishery 


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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 29431 

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 

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. Those regulations 

set the commercial quota for deepwater 

grouper in the Gulf of Mexico at 1.02 

million lb (463,636 kg) for the current 

fishing year, January 1 through 

December 31, 2009. 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial fishery 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 1.02 million lb 

(463,636 kg) for deepwater grouper will 

be reached on or before June 27, 2009. 

Accordingly, NMFS is closing the 

commercial deepwater grouper fishery 

in the Gulf of Mexico EEZ from 12:01 

a.m., local time, on June 27, 2009, until 

12:01 a.m., local time, on January 1, 

2010. The operator of a vessel with a 

valid commercial vessel permit for Gulf 

reef fish having deepwater grouper 

aboard must have landed and bartered, 

traded, or sold such deepwater grouper 

prior to 12:01 a.m., local time, June 27, 

2009. 

During the closure, the bag and 

possession limits specified in 50 CFR 

622.39(b) apply to all harvest or 

possession of deepwater grouper in or 

from the Gulf of Mexico EEZ, and the 

sale or purchase of deepwater grouper 

taken from the EEZ is prohibited. 

Vessels with commercial quantities of 

reef fish on board are prohibited from 

retaining a recreational bag limit. Thus 

a vessel may only have a commercial 

quantity of reef fish or a recreational bag 

limit of reef fish. The prohibition on 

sale or purchase does not apply to sale 

or purchase of deepwater grouper that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, June 27, 

2009, and were held in cold storage by 

a dealer or processor. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the fishery since the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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: June 17, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–14610 Filed 6–17–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–XP82 

Fisheries off West Coast States; 

Pacific Coast Groundfish Fishery; 

Closure of the Pacific Whiting Primary 

Fishery for the Mothership Sector 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing restrictions. 

SUMMARY: NMFS announces closure of 

the primary season for the mothership 

sector of the Pacific whiting fishery at 

10:00 p.m. local time (l.t.) June 1, 2009. 

The closure was necessary because the 

mothership sector was projected to 

reach its Pacific whiting harvest 

guideline. 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 Pacific 

whiting at the 2009 allocation levels. 

DATES: Effective from 10:00 p.m. l.t. 

June 1, 2009, until the start of the 2010 

primary season for the mothership 

sector, unless modified, superseded or 

rescinded. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko at 206–526–6110. 

SUPPLEMENTARY INFORMATION: 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. 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). 

Regulations at 50 CFR 660.323 (c) 

provide that if the Regional 

Administrator determines that a portion 

of the tribal set-aside or another sector’s 

allocation will not be used during the 

year, the Regional Administrator can 

reapportion that Pacific whiting to other 

sectors in proportion to their initial 

allocations. At the Pacific Fishery 

Management Council’s March 2009 

meeting, the Makah Tribal 

representatives stated their intent to 

harvest only 23,789 mt of their 42,000 

mt set-aside and asked that the 

remaining 18,211 mt be reapportioned 

to the non-tribal sectors of the fishery. 

Therefore, the mothership sector 

received an additional 5,823 mt, 

resulting in a harvest guideline of 

24,034 mt. 

When each sector’s Pacific whiting 

harvest allocation or harvest guideline is 

reached, the primary season for that 

sector is ended. The mothership sector 

is composed of motherships and catcher 

vessels that harvest whiting for delivery 

to motherships. Motherships are vessels 

that process, but do not harvest, 

whiting. The regulations at 50 CFR 

600.323 (a)(3)(i) describe the primary 

season for vessels delivering to 

motherships as the period(s) when atsea processing is allowed and the 

fishery is open for the mothership 

sector. 

To prevent an allocation from being 

exceeded, regulations at 50 CFR 660.323 


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