18652 Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number 110323214–1214–01] 

RIN 0660–AA24 

Revision to the Manual of Regulations 

and Procedures for Federal Radio 

Frequency Management 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The National 

Telecommunications and Information 

Administration (NTIA) hereby makes 

certain changes to its regulations, which 

relate to the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). 

Specifically, NTIA updates the version 

of the Manual of Regulations and 

Procedures for Federal Radio Frequency 

Management with which federal 

agencies must comply when requesting 

use of the radio frequency spectrum. 

DATES: Effective Date: This regulation is 

effective on April 5, 2011. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of April 5, 2011. 

ADDRESSES: A reference copy of the 

NTIA Manual, including all revisions in 

effect, is available in the Office of 

Spectrum Management, 1401 

Constitution Avenue, NW., Room 1087, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

William Mitchell, Office of Spectrum 

Management, at (202) 482–8124 or 

wmitchell@ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NTIA authorizes the U.S. 

Government’s use of the radio frequency 

spectrum. 47 U.S.C. 902(b)(2)(A). As 

part of this authority, NTIA developed 

the NTIA Manual to provide further 

guidance to applicable federal agencies. 

The NTIA Manual is the compilation of 

policies and procedures that govern the 

use of the radio frequency spectrum by 

the U.S. Government. Federal 

government agencies are required to 

follow these policies and procedures in 

their use of the spectrum. 

Part 300 of title 47 of the Code of 

Federal Regulations provides 

information about the process by which 

NTIA regularly revises the NTIA 

Manual and makes public this 

document and all revisions. Federal 

agencies are required to comply with 

the specifications in the NTIA Manual 

when requesting frequency assignments 

for use of the radio frequency spectrum. 

See 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 

13349, 3 CFR 1978 Comp. at 158. 

This rule updates section 300.1(b) of 

title 47 of the Code of Federal 

Regulations to specify the version of the 

NTIA Manual with which federal 

agencies must comply when requesting 

frequency assignments for use of the 

radio frequency spectrum. In particular, 

this rule amends section 300.1(b) by 

replacing ‘‘May 2010’’ with ‘‘September 

2010.’’ See Revision to the Manual of 

Regulations and Procedures for Federal 

Radio Frequency Management, 75 FR 

54790, 54791 (Sept. 9, 2010) (revising 

the Manual through May 2010). Upon 

the effective date of this rule, Federal 

agencies must comply with the 

requirements set forth in the January 

2008 edition of the NTIA Manual, as 

revised through September 2010. 

The NTIA Manual is scheduled for 

revision in January, May, and 

September of each year and is submitted 

to the Director of the Federal Register 

for Incorporation by Reference approval. 

The Director of the Federal Register 

approved this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and part 51 of title 1 of the Code 

of Federal Regulations. The NTIA 

Manual is available from the 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402, by referring to 

Catalog Number 903–008–00000–8. A 

reference copy of the NTIA Manual, 

including all revisions in effect, is 

available in the Office of Spectrum 

Management, 1401 Constitution 

Avenue, NW., Room 1087, Washington, 

DC 20230, or call William Mitchell on 

(202) 482–8124, and available online at 

http://www.ntia.doc.gov/osmhome/ 

redbook/redbook.html. The NTIA 

Manual is also on file at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Paperwork Reduction Act 

This action does not contain 

collection of information requirements 

subject to the Paperwork Reduction Act 

(PRA). Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the PRA, unless that collection 

displays a currently valid OMB Control 

Number. 

Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

NTIA finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and 

opportunity for public comment as it is 

unnecessary. This action amends the 

regulations to include the date of the 

most current version of the NTIA 

Manual. These changes do not impact 

the rights or obligations of the public. 

The NTIA Manual applies only to 

Federal agencies. Because these changes 

impact only federal agencies, NTIA 

finds it unnecessary to provide for the 

notice and comment requirements of 5 

U.S.C. 553. NTIA also finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delay in effectiveness for the 

reasons provided above. Because notice 

and opportunity for comment are not 

required pursuant to 5 U.S.C. 553 or any 

other law, the analytical requirements of 

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

601 et seq.) are not applicable. 

Therefore, a regulatory flexibility 

analysis is not required and has not 

been prepared. 

Executive Order 13132 

This rule does not contain policies 

having federalism implications as that 

term is defined in EO 13132. 

Regulatory Text 

List of Subjects in 47 CFR Part 300 

Incorporation by reference, Radio. 

For the reasons set forth in the 

preamble, NTIA amends title 47, part 

300 as follows: 

PART 300—MANUAL OF 

REGULATIONS AND PROCEDURES 

FOR FEDERAL RADIO FREQUENCY 

MANAGEMENT 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 13349, 

3 CFR 1978 Comp., p. 158. 

■ 2. Section 300.1 (b) is revised to read 

as follows: 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

* * * * * 

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Federal Register / Vol. 76, No. 65 / Tuesday, April 5, 2011 / Rules and Regulations 18653 

(b) The Federal agencies shall comply 

with the requirements set forth in the 

January 2008 edition of the NTIA 

Manual, as revised through September 

2010, which is incorporated by 

reference with approval of the Director, 

Office of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

* * * * * 

Dated: March 30, 2011. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2011–7944 Filed 4–4–11; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 101029546–1208–02] 

RIN 0648–BA39 

Atlantic Highly Migratory Species; 

Bluefin Tuna Bycatch Reduction in the 

Gulf of Mexico Pelagic Longline 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Under this final rule, NMFS 

requires the use of ‘‘weak hooks’’ in the 

Gulf of Mexico (GOM) pelagic longline 

(PLL) fishery. A weak hook is a circle 

hook that meets NMFS’ current size and 

offset restrictions for the GOM PLL 

fishery, but is constructed of round wire 

stock that is thinner-gauge than the 

circle hooks currently used and is no 

larger than 3.65 mm in diameter. Weak 

hooks can allow incidentally hooked 

bluefin tuna (BFT) to escape capture 

because the hooks are more likely to 

straighten when a large fish is hooked. 

Requiring weak hooks in the GOM will 

reduce bycatch of BFT; allow the longterm beneficial socio-economic benefits 

of normal operation of directed fisheries 

in the GOM with minimal short-term 

negative socio-economic impacts; and 

have both short- and long-term 

beneficial impacts on the stock status of 

Atlantic BFT, an overfished species. 

This action affects commercial 

fishermen using PLL gear to fish for 

Atlantic Highly Migratory Species 

(HMS) in the GOM. 

DATES: This final action will become 

effective on May 5, 2011. 

ADDRESSES: Highly Migratory Species 

Management Division, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Copies of the supporting documents— 

including the Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), Final Regulatory 

Flexibility Analysis (FRFA), small entity 

compliance guide, and the 2006 

Consolidated Atlantic Highly Migratory 

Species (HMS) Fishery Management 

Plan (FMP)—are available from the 

HMS Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/. 

FOR FURTHER INFORMATION CONTACT: 

Dianne Stephan at 978–281–9260 or 

Randy Blankinship at 727–824–5399. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tunas Conventions Act 

(ATCA), which authorizes the Secretary 

of Commerce (Secretary) to promulgate 

regulations as may be necessary and 

appropriate to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). The authority 

to issue regulations under the 

Magnuson-Stevens Act and ATCA has 

been delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NOAA (AA). On May 28, 1999, NMFS 

published in the Federal Register (64 

FR 29090) final regulations, effective 

July 1, 1999, implementing the Fishery 

Management Plan for Atlantic Tunas, 

Swordfish, and Sharks (1999 FMP). On 

October 2, 2006, NMFS published in the 

Federal Register (71 FR 58058) final 

regulations, effective November 1, 2006, 

implementing the 2006 Consolidated 

Atlantic Highly Migratory Species 

(HMS) Fishery Management Plan (FMP), 

which details the management measures 

for Atlantic HMS fisheries, including 

the PLL fishery. The implementing 

regulations for Atlantic HMS are at 50 

CFR part 635. 

Background 

On January 13, 2011, NMFS 

published a proposed rule (76 FR 2313) 

to require the use of ‘‘weak hooks’’ by 

PLL vessels fishing in the GOM. A weak 

hook is a circle hook that meets NMFS’ 

current size and offset restrictions but is 

constructed of round wire stock that is 

thinner-gauge and is no larger than 3.65 

mm in diameter than the circle hooks 

currently used in the PLL fishery. This 

final rule finalizes the provisions 

proposed in the January 13, 2011, rule. 

The purpose of this action is to reduce 

PLL catch of Atlantic BFT in the GOM, 

which is the only known BFT spawning 

area for the western Atlantic stock of 

BFT, as early in the 2011 BFT spawning 

season as possible. Bluefin tuna 

spawning season begins in early April 

each year. This action is consistent with 

the advice of the ICCAT Standing 

Committee for Research and Statistics 

(SCRS) that ICCAT may wish to protect 

the strong 2003 year class until it 

reaches maturity and can contribute to 

spawning. The purpose is also to allow 

directed fishing for other species to 

continue within allocated BFT subquota 

limits. This measure is consistent with 

the 2006 Consolidated HMS FMP and 

ICCAT Recommendation 10–03 

(supplemental recommendation by 

ICCAT concerning the western BFT 

rebuilding program). 

Since 2007, NMFS has conducted 

research on weak hooks used on PLL 

vessels operating in the GOM to 

determine if their use can reduce the 

incidental catch of large BFT during 

directed PLL fishing for other species. 

Research data show that the use of a 

weak hook can significantly reduce the 

amount of BFT caught incidentally by 

PLL vessels in the GOM. Weak hooks 

can allow incidentally hooked BFT to 

escape capture because the hooks are 

more likely to straighten when a large 

fish is hooked, thus releasing the fish. 

Due in part to this research, this 

action finalizes the requirement to use 

weak hooks in the Atlantic HMS PLL 

fishery in the GOM. This action will be 

effective on May 5, 2011 to ensure 

implementation happens as early in the 

2011 BFT spawning season as possible. 

Implementation of weak hooks in the 

GOM PLL fishery during spring 2011 is 

important because the strong 2003 year 

class is beginning to enter adulthood, 

and it is likely that some of them will 

begin to spawn in the GOM this spring. 

Also, reducing the incidental BFT catch 

in the GOM may enable the PLL fishery 

to continue to participate in directed 

fisheries (e.g., yellowfin tuna (YFT) and 

swordfish) year-round with less risk of 

fishery interruption due to insufficient 

BFT subquota availability in the 

Longline Category. 

NMFS considered three alternatives 

regarding the GOM PLL fishery. 

Alternative one would maintain the 

status quo, thus continuing existing 

regulations in the GOM PLL fishery. 

Alternative two would require all PLL 

vessels fishing in the GOM to use weak 

hooks. Alternative three would 

implement additional time/area closures 

in the GOM to protect spawning BFT. 

The proposed rule contained details 

regarding the alternatives considered 

and a brief summary of the recent 

management history. Those details are 

not repeated here. 

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