Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 37173 

(c) * * * 

(144) [Reserved] 

(145) [Reserved] 

(146) On September 4, 2008, and 

March 23, 2009, the Ohio 

Environmental Protection Agency 

submitted several volatile organic 

compound rules for approval into the 

Ohio State Implementation Plan. Only 

those paragraphs in 3745–21–09 that 

were revised in the September 4, 2008, 

and/or March 23, 2009, submittals have 

been incorporated into the SIP. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–01 ‘‘Definitions.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(B) Ohio Administrative Code Rule 

3745–21–02 ‘‘Ambient air quality 

standards and guidelines.’’, adopted 

August 15, 2008, effective August 25, 

2008. 

(C) Ohio Administrative Code Rule 

3745–21–03 ‘‘Methods of ambient air 

quality measurement.’’, adopted August 

15, 2008, effective August 25, 2008. 

(D) Ohio Administrative Code Rule 

3745–21–04 ‘‘Attainment dates and 

compliance time schedules.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(E) Ohio Administrative Code Rule 

3745–21–06 ‘‘Classification of 

Regions.’’, adopted August 15, 2008, 

effective August 25, 2008. 

(F) Ohio Administrative Code Rule 

3745–21–08 ‘‘Control of carbon 

monoxide emissions from stationary 

sources.’’, adopted August 15, 2008, 

effective August 25, 2008. 

(G) Ohio Administrative Code Rule 

3745–21–09 ‘‘Control of emissions of 

volatile organic compounds from 

stationary sources and 

perchloroethylene from dry cleaning 

facilities’’: (A), (B), (C), (D), (E), (F), (G), 

(H), (I), (J), (K), (O), (P), (R), (S), (T), 

(U)(1)(a), (U)(1)(b), (U(1)(c), (U)(1)(d), 

(U)(1)(e), (U)(1)(f), (U)(1)(g), (U)(1)(i), 

(U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l), 

(W), (X), (Y), (Z), (DD), (HH), (NN), (RR), 

(SS), (TT), (VV), (YY), (DDD), adopted 

March 23, 2009, effective April 2, 2009. 

(H) Ohio Administrative Code Rule 

3745–21–10 ‘‘Compliance test methods 

and procedures.’’, adopted August 15, 

2008, effective August 25, 2008. 

(I) Ohio Administrative Code Rule 

3745–21–12 ‘‘Control of volatile organic 

compound emissions from commercial 

bakery oven facilities.’’, adopted August 

15, 2008, effective August 25, 2008. 

(J) Ohio Administrative Code Rule 

3745–21–13 ‘‘Control of volatile organic 

compounds from reactors and 

distillation units employed in SOCMI 

chemical production.’’, adopted August 

15, 2008, effective August 25, 2008. 

(K) Ohio Administrative Code Rule 

3745–21–14 ‘‘Control of Volatile organic 

compound emissions from process vents 

in batch operations.’’, adopted March 

23, 2009, effective April 2, 2009. 

(L) Ohio Administrative Code Rule 

3745–21–15 ‘‘Control of volatile organic 

compound emissions from wood 

furniture manufacturing operations.’’, 

adopted August 15, 2008, effective 

August 25, 2008. 

(M) Ohio Administrative Code Rule 

3745–21–16 ‘‘Control of volatile organic 

compound emissions from industrial 

wastewater.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(N) Ohio Administrative Code Rule 

3745–21–18 ‘‘Commercial Motor 

Vehicle and Mobile Equipment 

Refinishing Operations.’’, adopted 

March 23, 2009, effective April 2, 2009. 

(O) Ohio Administrative Code Rule 

3745–21–19 ‘‘Control of volatile organic 

compound emissions from aerospace 

manufacturing and rework facilities.’’, 

adopted August 15, 2008, effective 

August 25, 2008. 

(P) Ohio Administrative Code Rule 

3745–21–20 ‘‘Control of volatile organic 

compound emissions from shipbuilding 

and ship repair operations.’’, adopted 

August 15, 2008, effective August 25, 

2008. 

(Q) Ohio Administrative Code Rule 

3745–21–21 ‘‘Storage of volatile organic 

liquids in fixed roof tanks and external 

floating roof tanks.’’, adopted March 23, 

2009, effective April 2, 2009. 

(R) Ohio Administrative Code Rule 

3745–21–22 ‘‘Lithographic and 

letterpress printing.’’, adopted March 

23, 2009, effective April 2, 2009. 

(S) Ohio Administrative Code Rule 

3745–21–23 ‘‘Industrial cleaning 

solvents.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(T) Ohio Administrative Code Rule 

3745–21–24 ‘‘Flat wood paneling 

coatings.’’, adopted March 23, 2009, 

effective April 2, 2009. 

(U) August 15, 2008, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

(V) March 23, 2009, ‘‘Director’s Final 

Findings and Orders’’, signed by Chris 

Korleski, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. E9–17829 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1537 and 1552 

[EPA–HQ–OARM–2007–1115; FRL–8935–6] 

RIN 2030–AA96 

Acquisition Regulation: Guidance on 

Technical Direction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is amending the EPA 

Acquisition Regulation (EPAAR) to 

revise the prescription for and the 

content of a clause that addresses 

issuing technical direction in contracts. 

This revision incorporates and 

supersedes several class deviations to 

the EPAAR and updates terminology 

and procedures related to issuing 

technical direction. 

DATES: This final rule is effective August 

12, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OARM–2007–1115. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Office of Environmental 

(OEI) Information Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OEI Docket is (202) 566– 

1752. 

FOR FURTHER INFORMATION CONTACT: 

Donna S. Blanding, Policy, Training, 

and Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–564– 

1130; fax number: 202–565–2475; e-mail 

address: blanding.donna@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected by this 

action include firms that are performing 


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37174 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 

or will perform under contract for the 

EPA. This includes firms in all industry 

groups. 

II. Background 

Under certain contracts the 

Contracting Officer authorizes a 

designated individual, e.g., the 

Contracting Officer Technical 

Representative (COTR), to issue 

technical direction to the contractor. 

The technical direction clause in the 

contract defines what constitutes 

technical direction, which officials are 

authorized to issue technical direction, 

and procedures for issuing technical 

direction. 

Since the EPAAR technical direction 

guidance was originally issued, several 

class deviations to the clause have been 

approved. (A class deviation is a change 

to the EPAAR necessary to meet specific 

contract requirements.) This revision 

incorporates and supersedes the class 

deviations and makes additional 

revisions to the technical direction 

guidance as specified below. 

III. Final Rule 

This rule amends the EPAAR to revise 

the prescription for using the Technical 

Direction clause and the wording of the 

clause itself. The current prescription 

states the clause is used in cost 

reimbursement type solicitations and 

contracts. The revised prescription 

allows COs to use the clause, or a clause 

substantially the same, in solicitations 

and contracts where the CO will 

delegate authority to issue technical 

direction to the COTR. 

The EPAAR clause entitled 

‘‘Technical Direction’’ adds and defines 

these two new terms ‘‘contracting officer 

technical representative’’ and ‘‘task 

order’’. These two terms will 

standardize titles and terminology used 

at EPA with terms used in the Federal 

Acquisition Regulation (FAR) and other 

Federal procurement policy. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); therefore, no review is 

required by the Office of Information 

and Regulatory Affairs within the Office 

of Management and Budget (OMB). 

Order. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s final rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

clause and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, Local, and Tribal governments or 

the private sector. The rule imposes no 

enforceable duty on any State, Local or 

Tribal governments or the private sector. 

Thus, the rule is not subject to the 

requirements of Sections 202 and 205 of 

the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and Local officials in the development 

of regulatory policies that have 

federalism implications.’’ ‘‘Policies that 

have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This rule does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. Today’s rule on 

technical direction provides guidance 

on the interaction between contracting 

officials and contractors only. Thus, 

Executive Order 13132 does not apply 

to this rule. In the spirit of Executive 

Order 13132, and consistent with EPA 

policy to promote communications 

between EPA and State and Local 

governments, EPA specifically solicited 

comments from State and Local officials 

on this rule and no comments were 

received. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications, as specified in 

Executive Order 13175. This rule on 

technical direction provides guidance 

on the interaction between contracting 

officials and contractors only. This 

Executive Order 13175 does not apply 

to this rule. EPA specifically solicited 

additional comments on this rule from 

tribal officials and no comments were 

received. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children From 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 37175 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution of Use’’ (66 

FR 28335 (May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in its regulatory activities, 

unless to do so would be inconsistent 

with applicable law, or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898, (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed 

rulemaking does not involve human 

health or environmental effects. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule, for 

purposes of 5 U.S.C. 804(3). 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

List of Subjects in 48 CFR Parts 1537 

and 1552 

Environmental protection, 

Government procurement. 

Dated: July 10, 2009. 

John C. Gherardini III, 

Acting Director, Office of Acquisition 

Management. 

■ Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

PART 1537—SERVICE CONTRACTING 

■ 1. The authority citation for part 1537 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 2. Amend 1537.110 by revising 

paragraph (b) to read as follows: 

§ 1537.110 Solicitation provisions and 

contract clauses. 

* * * * * 

(b) The contracting officer shall insert 

a clause substantially the same as the 

clause in 1552.237–71, Technical 

Direction, in solicitations and contracts 

where the contracting officer intends to 

delegate authority to issue technical 

direction to the contracting officer 

technical representative(s). 

* * * * * 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301: Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 4. Revise 1552.237–71 to read as 

follows: 

1552.237–71 Technical direction. 

As prescribed in 1537.110, insert a 

clause substantially the same as the 

following: 

TECHNICAL DIRECTION (AUG 2009) 

(a) Definitions. 

Contracting officer technical representative 

(COTR), means an individual appointed by 

the contracting officer in accordance with 

Agency procedures to perform specific 

technical and administrative functions. 

Task order, as used in this clause, means 

work assignment, delivery order, or any other 

document issued by the contracting officer to 

order work under a service contract. 

(b) The contracting officer technical 

representative(s) may provide technical 

direction on contract or work request 

performance. Technical direction includes: 

(1) Instruction to the contractor that 

approves approaches, solutions, designs, or 

refinements; fills in details; completes the 

general descriptions of work shifts emphasis 

among work areas or tasks; and 

(2) Evaluation and acceptance of reports or 

other deliverables. 

(c) Technical direction must be within the 

scope of work of the contract and any task 

order there under. The contracting officer 

technical representative(s) does not have the 

authority to issue technical direction which: 

(1) Requires additional work outside the 

scope of the contract or task order; 

(2) Constitutes a change as defined in the 

‘‘Changes’’ clause; 

(3) Causes an increase or decrease in the 

estimated cost of the contract or task order; 

(4) Alters the period of performance of the 

contract or task order; or 

(5) Changes any of the other terms or 

conditions of the contract or task order. 

(d) Technical direction will be issued in 

writing or confirmed in writing within five 

(5) days after oral issuance. The contracting 

officer will be copied on any technical 

direction issued by the contracting officer 

technical representative. 

(e) If, in the contractor’s opinion, any 

instruction or direction by the contracting 

officer technical representative(s) falls within 

any of the categories defined in paragraph (c) 

of the clause, the contractor shall not proceed 

but shall notify the contracting officer in 

writing within 3 days after receiving it and 

shall request that the contracting officer take 

appropriate action as described in this 

paragraph. Upon receiving this notification, 

the contracting officer shall: 

(1) Advise the contractor in writing as soon 

as practicable, but no later than 30 days after 

receipt of the contractor’s notification, that 

the technical direction is within the scope of 

the contract effort and does not constitute a 

change under the ‘‘Changes’’ clause of the 

contract; 

(2) Advise the contractor within a 

reasonable time that the government will 

issue a written modification to the contract; 

or 

(3) Advise the contractor that the technical 

direction is outside the scope of the contract 

and is thereby rescinded. 

(f) A failure of the contractor and 

contracting officer to agree as to whether the 

technical direction is within the scope of the 

contract, or a failure to agree upon the 

contract action to be taken with respect 

thereto, shall be subject to the provisions of 

the clause entitled ‘‘Disputes’’ in this 

contract. 


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37176 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Rules and Regulations 

(g) Any action(s) taken by the contractor, 

in response to any direction given by any 

person acting on behalf of the government or 

any government official other than the 

contracting officer or the contracting officer 

technical representative, shall be at the 

contractor’s risk. 

(End of clause) 

[FR Doc. E9–17938 Filed 7–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2009–0116] 

RIN 2127–AK35 

Federal Motor Vehicle Safety 

Standards; Door Locks and Door 

Retention Components, Correction 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: NHTSA published in the 

Federal Register of July 20, 2009, a 

document delaying the compliance date 

of the sliding door provisions of a 

February 6, 2007 final rule. The 

regulatory text adopted by that 

document contained errors. This 

document corrects those errors. 

DATES: Effective on September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah Alves, NHTSA Office of the Chief 

Counsel, DOT, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

telephone (202) 366–2992, fax (202) 

366–3820. 

SUPPLEMENTARY INFORMATION: 

Background 

NHTSA published in the Federal 

Register of July 20, 2009 (74 FR 35131), 

a document delaying the compliance 

date of the sliding door provisions of a 

February 6, 2007 final rule (FR Doc. E9– 

17078). In the regulatory text adopted by 

that document, in S4.2.2.3, a statement 

erroneously reads: ‘‘This S4.2.2.3 

applies to vehicle manufactured on or 

after September 1, 2010.’’ The statement 

should read: ‘‘This S4.2.2 applies to 

vehicles manufactured on or after 

September 1, 2010.’’ This document 

corrects that error. 

Correction of Publication 

In rule FR Doc. E9–17078 published 

on July 20, 2009 (74 FR 35131), make 

the following correction. On page 

35135, in the third column, S4.2.2.3 is 

corrected to read as follows: 

S4.2.2.3 This S4.2.2 applies to 

vehicles manufactured on or after 

September 1, 2010. 

Issued: July 23, 2009. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E9–17918 Filed 7–27–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 090428799–9802–01] 

RIN 0648–XQ39 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Closure of the Primary Pacific Whiting 

Season for the Shore-Based Sector 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishing closure restrictions. 

SUMMARY: NMFS announces the closure 

of the primary season for the Pacific 

whiting fishery for the shore-based 

sector at 10 a.m. local time (l.t.) July 7, 

2009. 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 a.m. l.t. July 7, 

2009, until the start of the 2010 primary 

season for the shore-based sector, unless 

modified, superseded or rescinded by 

notification in the Federal Register. 

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. Regulations at 50 CFR 

660.323(a) established separate 

allocations for the catcher/processor, 

mothership, and shore-based sectors of 

the Pacific whiting fishery. The 2009 

Optimum Yield (OY) for Pacific whiting 

is 135,939 mt. The 2009 commercial OY 

is 81,939 mt. The commercial OY 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). When each sector’s allocation is 

reached, the primary season for that 

sector is ended. 

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, 

regulations at 50 CFR 660.323(c) allow 

the Regional Administrator to 

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 shore-based sector 

received an additional 7,649 mt, 

resulting in a harvest guideline of 

42,063 mt. 

The shore-based sector is composed of 

vessels that harvest Pacific whiting for 

delivery to land-based processors. The 

primary season for the shore-based 

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. 

The best available information on July 

6, 2009 indicated that 32,933 mt of 

Pacific whiting had been taken through 

July 3, 2009, and the 42,063 mt 

allocation for the shore-based sector 

would be reached by 10 a.m. on July 7, 

2009. This Federal Register notice 

announces the date that the primary 

season for the shore-based sector was 

ended. Regulations at 50 CFR 

660.323(b)(4) allow this action to be 

taken. To prevent an allocation from 

being exceeded, regulations at 50 CFR 

660.323(e) allow closure of the 

commercial Pacific 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 and fax 

on July 6, 2009. 

NMFS Action 

This document announces 

achievement of the shore-based sector 

allocation specified at 50 CFR 

660.323(a) and in the final rule 

published on May 5, 2009 (74 FR 

20620). The best available information 

on July 6, 2009, indicated that 32,933 mt 


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