12604 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

FEMA. While some commenters 

opposed a requirement that the first 

national EAS test use the EAN, the live 

event code for nationwide Presidential 

alerts, there is at present no other way 

to test the entire system for propagation 

of a national-level EAS alert. No 

commenter opposed the requirement 

that the national test replace the 

monthly and weekly EAS tests in the 

month and week in which it is held and 

this requirement in fact serves to 

minimize burdens on all participants be 

relieving them of certain testing 

obligations. While some commenters 

sought more than two months notice, 

the Order requires the Bureau to provide 

at least two months’ public notice prior 

to any national test of the EAS. The 

impact on small entities will be a factor 

considered by the Bureau in making its 

determination of notice period. 

27. The new rule requires EAS 

Participants to submit test-related data 

to the Bureau within 45 days following 

a national EAS test. This was an 

extension of the 30 days initially 

proposed in the Second FNPRM and 

will minimize the burden on all 

participants. A number of commenters 

requested the ability to submit the 

required test data electronically and this 

Third R&O provides for this alternative 

method of data submission, also 

lessening the economic impact on all 

entities. The requirement that test data 

received from EAS Participants be 

treated as presumptively confidential, 

but allowing test data to be shared on 

a confidential basis with other Federal 

agencies and State governmental 

emergency management agencies that 

have confidentiality protection at least 

equal to that provided by the Freedom 

of Information Act (FOIA), has no 

economic impact on small entities. In 

delegating authority to the Bureau to 

determine, in consultation with FEMA 

and with other EAS stakeholders, as 

appropriate, various administrative 

procedures for national tests, including 

test codes to be used and pre-test 

outreach, the Commission has 

instructed the Bureau to factor in the 

needs of all stakeholders, including 

small business entities. 

28. Report to Congress: The 

Commission will send a copy of the 

Third R&O including this FRFA, in a 

report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. In addition, the Commission will 

send a copy of the Third R&O, including 

this FRFA, to the Chief Counsel for 

Advocacy of the SBA. A copy of the 

Third R&O and FRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

III. Ordering Clauses 

29. Accordingly, it is ordered that 

pursuant to sections 1, 2, 4(i), 4(o), 301, 

303(r), 303(v), 307, 309, 335, 403, 

624(g),706 and 715 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i) and 

(o), 301, 303(r), 303(v), 307, 309, 335, 

403, 544(g), 606, and 615, this Third 

Report and Order is adopted. 

30. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Third Report and Order, including 

the Final Regulatory Flexibility 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

List of Subjects in 47 CFR Part 11 

Radio, Television, Emergency 

alerting. 

Federal Communications Commission. 

Bulah P. Wheeler, 

Deputy Manager. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 11 as 

follows: 

PART 11—EMERGENCY ALERT 

SYSTEM (EAS) 

■ 1. The authority citation for part 11 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i) and (o), 

303(r), 544(g) and 606. 

■ 2. Revise § 11.61(a)(3) to read as 

follows: 

§ 11.61 Tests of EAS procedures. 

(a) * * * 

(3) National Tests. (i) All EAS 

Participants shall participate in national 

tests as scheduled by the Commission in 

consultation with the Federal 

Emergency Management Agency 

(FEMA). Such tests will consist of the 

delivery by FEMA to PEP/NP stations of 

a coded EAS message, including EAS 

header codes, Attention Signal, Test 

Script, and EOM code. All other EAS 

Participants will then be required to 

relay that EAS message. The coded 

message shall utilize EAS test codes as 

designated by the Commission’s rules. 

(ii) A national test shall replace the 

required weekly and monthly tests for 

all EAS Participants, as set forth in 

paragraphs (a)(1) and (a)(2) of this 

section, in the week and month in 

which it occurs. 

(iii) Notice shall be provided to EAS 

Participants by the Commission at least 

two months prior to the conduct of any 

such national test. 

(iv) Test results as required by the 

Commission shall be logged by all EAS 

Participants and shall be provided to the 

Commission’s Public Safety and 

Homeland Security Bureau within forty 

five (45) days following the test. 

* * * * * 

[FR Doc. 2011–5222 Filed 3–7–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XA263 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the trip limit 

for the hook-and-line component of the 

commercial sector for Gulf group king 

mackerel in the southern Florida west 

coast subzone to 500 lb (227 kg) of king 

mackerel per day in or from the 

exclusive economic zone (EEZ). This 

trip limit reduction is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, March 8, 2011, through June 

30, 2011, unless changed by further 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone: 727–824– 

5305, fax: 727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 12605 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the Gulf 

of Mexico eastern zone into northern 

and southern subzones, and established 

their separate quotas. The king mackerel 

quota for the hook-and-line component 

of the commercial sector in the southern 

Florida west coast subzone is 520,312 lb 

(236,010 kg) (50 CFR 

622.42(c)(1)(i)(A)(2)(i)). 

In accordance with 50 CFR 

622.44(a)(2)(ii)(B)(2), from the date that 

75 percent of the southern Florida west 

coast subzone’s hook-and-line gear 

quota has been harvested until a closure 

of the subzone’s hook-and-line 

component has been effected or the 

fishing year ends, king mackerel in or 

from the EEZ may be possessed on 

board or landed from a permitted vessel 

in amounts not exceeding 500 lb (227 

kg) per day. 

NMFS has determined that 75 percent 

of the quota for the hook-and-line 

component of the commercial sector for 

Gulf group king mackerel from the 

southern Florida west coast subzone has 

been reached. Accordingly, a 500-lb 

(227-kg) trip limit applies to vessels in 

the hook-and-line component of the 

commercial sector for king mackerel in 

or from the EEZ in the southern Florida 

west coast subzone effective 12:01 a.m., 

local time, March 8, 2011. The 500-lb 

(227-kg) trip limit will remain in effect 

until the commercial sector closes or 

until the end of the current fishing year 

(June 30, 2011), whichever occurs first. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade/ 

Monroe County, FL boundary) along the 

west coast of Florida to 87°31′06′ W. 

long. (a line directly south from the 

Alabama/Florida boundary). The 

Florida west coast subzone is further 

divided into northern and southern 

subzones. From November 1 through 

March 31, the southern subzone is 

designated as the area extending south 

and west from 25°20.4′ N. lat. to 

26°19.8′ N. lat. (a line directly west from 

the Lee/Collier County, Florida, 

boundary), i.e., the area off Collier and 

Monroe Counties. Beginning April 1, the 

southern subzone is reduced to the area 

off Collier County, Florida, between 

25°48′ N. lat. and 26°19.8′ N. lat. 

Classification 

This action responds to the best 

available information recently obtained 

from the fisheries. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this trip limit reduction for 

the king mackerel hook-and-line 

component of the commercial sector in 

the southern Florida west coast subzone 

constitutes good cause to waive the 

requirements 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 

implementing the quota and the 

associated requirement for closure of the 

commercial harvest when the quota is 

reached or projected to be reached 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 on this 

action would be contrary to the public 

interest because any delay in the trip 

limit reduction of the commercial 

harvest could result in the commercial 

quota being exceeded. There is a need 

to immediately implement this action to 

protect the king mackerel resource 

because 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: March 3, 2011. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5227 Filed 3–3–11; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271173–1137–04] 

RIN 0648–AY11 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 17B; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final rule that 

implemented Amendment 17B to the 

Fishery Management Plan (FMP) for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (Amendment 17B), 

which was published in the Federal 

Register on December 30, 2010. 

DATES: This correction is effective 

March 8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Anik Clemens, 727–824–5305; e-mail: 

Anik.Clemens@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 30, 2010, a final rule 

was published to implement 

Amendment 17B (75 FR 82280). That 

final rule established annual catch 

limits and accountability measures for 

nine snapper-grouper species in the 

South Atlantic region. One of these 

accountability measures prohibits the 

possession of deep-water snappergrouper species in or from the South 

Atlantic exclusive economic zone in 

depths greater than 240 ft (73 m). After 

the regulations implementing 

Amendment 17B became effective on 

January 31, 2011, it was determined that 

two of the waypoints defining the 240- 

ft (73-m) depth contour were in State 

waters. 

Need for Correction 

As published, the final rule contains 

errors in a table of coordinates in the 

regulatory text. In § 622.35, paragraph 

(o) contains a table of coordinates for 

the depth closure implemented in 

Amendment 17B for deep-water 

snapper-grouper. Within this table, an 

incorrect longitudinal coordinate was 

implemented for point K, and the 

coordinates for points O and U are 

within State boundaries. Through this 


emcdonald on DSK2BSOYB1PROD with RULES