Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7975 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 02–10; FCC 09–63] 

Procedures to Govern the Use of 

Satellite Earth Stations on Board 

Vessels in the 5925–6425 MHz/3700– 

4200 MHz Bands and 14.0–14.5 GHz/ 

11.7–12.2 GHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final Rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with Sections 25.221(b)(1)(i) 

through (iii), 25.222(b)(1)(i) through 

(iii), 25.221(b)(1)(iv)(A), (B), 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4) and 25.222(b)(4) of the 

Commission’s rules, and that these rules 

will take effect as of the date of this 

notice. On September 15, 2009, the 

Commission published the summary 

document of the Order on 

Reconsideration, In the Matter of 

Procedures to Govern the Use of 

Satellite Earth Stations on Board Vessels 

in the 5925–6425 MHz/3700–4200 MHz 

Bands and 14.0–14.5 GHz/11.7–12.2 

GHz, IB Docket No. 02–10, FCC 09–63, 

at 74 FR 47100. This published item 

stated that the Commission will publish 

a notice in the Federal Register 

announcing when OMB approval for the 

rule sections which contain information 

collection requirements has been 

received and when the revised rules 

will take effect. This notice is consistent 

with the statement in the published 

summary document of the Order on 

Reconsideration. 

DATES: Section 25.221(b)(1)(i) through 

(iii), 25.222(b)(1)(i) through (iii), 

25.221(b)(1)(iv)(A), (B), 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4) and 25.222(b)(4) published 

at 74 FR 47100 on September 15, 2009 

are effective on February 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Balatan or Howard Griboff, 

Policy Division, International Bureau, 

FCC, (202) 418–1460 or via the Internet 

at: Jennifer.Balatan@fcc.gov or 

Howard.Griboff@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on December 

1, 2009, OMB approved, for a period of 

three years, the information collection 

requirements contained in Sections 

25.221(b)(1)(i) through (iii), 

25.222(b)(1)(i) through (iii), 

25.221(b)(1)(iv)(A), (B), 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4) and 25.222(b)(4) of the 

Commission’s rules. The Commission 

publishes this notice to announce the 

effective date of these rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street, SW., Washington, 

DC 20554. Please include OMB Control 

Number 3060–1061 in your 

correspondence. The Commission also 

will accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

e–mail to fcc504@fcc.gov or call the 

Consumer & Governmental Affairs 

Bureau at (202)418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

December 1, 2009, for the information 

collection requirements contained in the 

Commission’s rules at 47 CFR Sections 

25.221(b)(1)(i) through (iii), 

25.222(b)(1)(i) through (iii), 

25.221(b)(1)(iv)(A), (B), 

25.222(b)(1)(iv)(A), (B), 25.221(b)(2)(i) 

through (v), 25.222(b)(2)(i) through (v), 

25.221(b)(4) and 25.222(b)(4). 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a valid OMB Control Number. 

The OMB Control Number is 3060–1061 

and the total annual reporting burdens 

and costs for respondents are as follows: 

OMB Control No.: 3060–1061. 

OMB Approval Date: December 1, 

2009. 

Expiration Date: December 31, 2012. 

Title: Earth Stations on Board Vessels 

(ESV). 

Form No.: Not applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents and 

Responses: 15 respondents; 15 

responses. 

Estimated Time per Response: 

Estimated time is different for each 

response – the response with the 

shortest duration takes an estimated 

0.25 hours to complete and the response 

with the longest duration takes an 

estimated 24 hours to complete. 

Frequency of Response: 

Recordkeeping requirement; On 

occasion reporting requirement; Third 

party disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The 

Commission has statutory approval for 

the information collection requirements 

under Sections 4(i), 7(a), 303(c), 303(f), 

303(g) and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 157(a), 

303(c), 303(f), 303(g) and 303(r). 

Total Annual Burden: 264 hours. 

Total Annual Cost: $149,925. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

pertaining to the information collection 

requirements in this collection. 

Needs and Uses: On July 31, 2009, the 

Federal Communications Commission 

(‘‘Commission’’) released an Order on 

Reconsideration titled, ‘‘In the Matter of 

the Procedures to Govern the Use of 

Satellite Earth Stations on Board Vessels 

in the 5925–6425 MHz/ 3700–4200 MHz 

Bands and 14.0–14.5 GHz/11.7–12.2 

GHz Bands’’ (FCC 09–63, IB Docket No. 

02–10 (‘‘ESV Reconsideration Order’’). In 

the ESV Reconsideration Order, the 

Commission resolved various concerns 

raised regarding the operational 

restrictions placed on ESVs that are 

designed to protect the fixed–satellite 

service (FSS), operating in the C–band 

and Ku–band, and the terrestrially– 

based fixed service (FS), operating in 

the C–band, from harmful interference. 

The Commission adopted rule changes 

that should provide ESV operators with 

greater operational flexibility while 

continuing to ensure that the other 

services in these bands are protected 

from harmful interference. 

The information collection 

requirements accounted for in this 

collection are necessary to determine 

the technical and legal qualifications of 

applicants or licensees to operate a 

station, transfer or assign a license, and 

to determine whether the authorization 

is in the public interest, convenience 

and necessity. Without such 

information, the Commission could not 

determine whether to permit 

respondents to provide 

telecommunication services in the U.S. 

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7976 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

Therefore, the Commission would be 

unable to fulfill its statutory 

responsibilities in accordance with the 

Communications Act of 1934, as 

amended, and the obligations imposed 

on parties to the World Trade 

Organization (WTO) Basic Telecom 

Agreement. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010–3381 Filed 2–22–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XU51 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allocation of the 2010 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 19, 2010, through 

1200 hrs, A.l.t., September 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens 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 A season allocation of the 2010 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the GOA 

is 11,213 metric tons (mt) as established 

by the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2010) and 

inseason adjustment (74 FR 68713, 

December 29, 2010). 

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

the Regional Administrator has 

determined that the A season allocation 

of the 2010 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 11,013 mt, and is setting 

aside the remaining 200 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component in 

the Western Regulatory Area of the 

GOA. 

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 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 17, 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: February 18, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–3568 Filed 2–18–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XU52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod for 

American Fisheries Act CatcherProcessors Using Trawl 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. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by American 

Fisheries Act (AFA) trawl catcherprocessors in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the A season 

allowance of the 2010 Pacific cod total 

allowable catch (TAC) specified for AFA 

trawl catcher-processors in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 18, 2010, through 

1200 hrs, A.l.t., April 1, 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 

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