70614 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

per-PSAP basis, using, at the carrier’s 

election, either 

(1) Network-based accuracy data, 

(2) Blended reporting as provided in 

paragraph (h)(1)(iv) of this section, or 

(3) Handset-based accuracy data as 

provided in paragraph (h)(1)(v) of this 

section. 

(ii) 300 meters for 90 percent of calls, 

consistent with the following 

benchmarks: 

(A) Three years from January 18, 

2011, carriers shall comply with this 

standard in 60 percent of counties or 

PSAP service areas. These counties or 

PSAP service areas must cover at least 

70 percent of the population covered by 

the carrier across its entire network. 

Compliance will be measured on a percounty or per-PSAP basis using, at the 

carrier’s election, either 

(1) Network-based accuracy data, or 

(2) Blended reporting as provided in 

paragraph (h)(1)(iv) of this section. 

(B) Five years from January 18, 2011, 

carriers shall comply in 70 percent of 

counties or PSAP service areas. These 

counties or PSAP service areas must 

cover at least 80 percent of the 

population covered by the carrier across 

its entire network. Compliance will be 

measured on a per-county or per-PSAP 

basis using, at the carrier’s election, 

either 

(1) Network-based accuracy data, or 

(2) Blended reporting as provided in 

paragraph (h)(1)(iv) of this section. 

(C) Eight years from January 18, 2011, 

carriers shall comply in 85 percent of 

counties or PSAP service areas. 

Compliance will be measured on a percounty or per-PSAP basis using, at the 

carrier’s election, either 

(1) Network-based accuracy data, 

(2) Blended reporting as provided in 

paragraph (h)(1)(iv) of this section, or 

(3) Handset-based accuracy data as 

provided in paragraph (h)(1)(v) of this 

section. 

(iii) County-level or PSAP-level 

location accuracy standards for 

network-based technologies will be 

applicable to those counties or PSAP 

service areas, on an individual basis, in 

which a network-based carrier has 

deployed Phase II in at least one cell site 

located within a county’s or PSAP 

service area’s boundary. Compliance 

with the requirements of paragraph 

(h)(1)(i) and paragraph (h)(1)(ii) of this 

section shall be measured and reported 

independently. 

(iv) Accuracy data from both networkbased solutions and handset-based 

solutions may be blended to measure 

compliance with the accuracy 

requirements of paragraph (h)(1)(i)(A) 

through (C) and paragraph (h)(1)(ii)(A) 

through (C) of this section. Such 

blending shall be based on weighting 

accuracy data in the ratio of assisted 

GPS (‘‘A–GPS’’) handsets to non-A–GPS 

handsets in the carrier’s subscriber base. 

The weighting ratio shall be applied to 

the accuracy data from each solution 

and measured against the network-based 

accuracy requirements of paragraph 

(h)(1) of this section. 

(v) A carrier may rely solely on 

handset-based accuracy data in any 

county or PSAP service area if at least 

85 percent of its subscribers, networkwide, use A–GPS handsets, or if it offers 

A–GPS handsets to subscribers in that 

county or PSAP service area at no cost 

to the subscriber. 

(vi) A carrier may exclude from 

compliance particular counties, or 

portions of counties, where 

triangulation is not technically possible, 

such as locations where at least three 

cell sites are not sufficiently visible to 

a handset. Carriers must file a list of the 

specific counties or portions of counties 

where they are utilizing this exclusion 

within 90 days following approval from 

the Office of Management and Budget 

for the related information collection. 

This list must be submitted 

electronically into PS Docket No. 07– 

114, and copies must be sent to the 

National Emergency Number 

Association, the Association of PublicSafety Communications OfficialsInternational, and the National 

Association of State 9–1–1 

Administrators. Further, carriers must 

submit in the same manner any changes 

to their exclusion lists within thirty 

days of discovering such changes. This 

exclusion will sunset on [8 years after 

effective date]. 

(2) Handset-based technologies: 

(i) Two years from January 18, 2011, 

50 meters for 67 percent of calls, and 

150 meters for 80 percent of calls, on a 

per-county or per-PSAP basis. However, 

a carrier may exclude up to 15 percent 

of counties or PSAP service areas from 

the 150 meter requirement based upon 

heavy forestation that limits handsetbased technology accuracy in those 

counties or PSAP service areas. 

(ii) Eight years from January 18, 2011, 

50 meters for 67 percent of calls, and 

150 meters for 90 percent of calls, on a 

per-county or per-PSAP basis. However, 

a carrier may exclude up to 15 percent 

of counties or PSAP service areas from 

the 150 meter requirement based upon 

heavy forestation that limits handsetbased technology accuracy in those 

counties or PSAP service areas. 

(iii) Carriers must file a list of the 

specific counties or PSAP service areas 

where they are utilizing the exclusion 

for heavy forestation within 90 days 

following approval from the Office of 

Management and Budget for the related 

information collection. This list must be 

submitted electronically into PS Docket 

No. 07–114, and copies must be sent to 

the National Emergency Number 

Association, the Association of PublicSafety Communications OfficialsInternational, and the National 

Association of State 9–1–1 

Administrators. Further, carriers must 

submit in the same manner any changes 

to their exclusion lists within thirty 

days of discovering such changes. 

(3) Confidence and uncertainty data: 

Two years after January 18, 2011, all 

carriers subject to this section shall be 

required to provide confidence and 

uncertainty data on a per-call basis 

upon the request of a PSAP. Once a 

carrier has established baseline 

confidence and uncertainty levels in a 

county or PSAP service area, ongoing 

accuracy shall be monitored based on 

the trending of uncertainty data and 

additional testing shall not be required. 

All entities responsible for transporting 

confidence and uncertainty between 

wireless carriers and PSAPs, including 

LECs, CLECs, owners of E911 networks, 

and emergency service providers 

(collectively, System Service Providers 

(SSPs)) must implement any 

modifications that will enable the 

transmission of confidence and 

uncertainty data provided by wireless 

carriers to the requesting PSAP. If an 

SSP does not pass confidence and 

uncertainty data to PSAPs, the SSP has 

the burden of proving that it is 

technically infeasible for it to provide 

such data. 

* * * * * 

[FR Doc. 2010–29007 Filed 11–17–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131363–0087–02] 

RIN 0648–XA048 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Greater Than or Equal 

to 60 Feet (18.3 Meters) Length Overall 

Using Pot Gear in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 70615 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by pot catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

in the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2010 

Pacific cod total allowable catch (TAC) 

specified for pot catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 15, 2010, 

through 2400 hrs, A.l.t., December 31, 

2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2010 Pacific cod TAC allocated as 

a directed fishing allowance to pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI is 

12,591 metric tons as established by the 

final 2010 and 2011 harvest 

specifications for groundfish in the 

BSAI (75 FR 11778, March 12, 2010). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, has determined that the 2010 

Pacific cod TAC allocated as a directed 

fishing allowance to pot catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA in the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod by pot 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA in the BSAI. NMFS 

was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of November 

12, 2010. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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

Dated: November 15, 2010. 

Brian W. Parker, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–29130 Filed 11–15–10; 4:15 pm] 

BILLING CODE 3510–22–P 


jdjones on DSK8KYBLC1PROD with RULES