Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9531 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 07–296, 

adopted January 27, 2010, and released 

January 29, 2010. The full text of this 

Commission document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

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

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, <http:// 

www.bcpiweb.com>. 

The Notice of Proposed Rule Making 

also included an Order to Show Cause 

directed to the licensee of Station 

WFLQ(FM), French Lick, Indiana, to 

show cause why its license should not 

be modified to specify operation on 

Channel 229A in lieu of Channel 261A. 

See 73 FR 50296, published August 26, 

2008. Although Station WFLQ(FM) 

argued that it should not be required to 

change channels, the Report and Order 

found that the station had not raised a 

substantial and material question of fact 

that would warrant a hearing on this 

issue. The document also states that the 

ultimate permittee of Channel 261A at 

Irvington, Kentucky, will be required to 

reimburse Station WFLQ(FM), French 

Lick, Indiana, for its reasonable and 

prudent costs associated with the 

involuntary channel change at French 

Lick. The reference coordinates for 

Channel 261A at Irvington are 37–56–52 

NL and 86–24–54 WL. The reference 

coordinates for Channel 229A at French 

Lick are 38–35–41 NL and 86–36–48 

WL. Finally, because Station WFLQ(FM) 

is a licensed station, the channel 

substitution at French Lick will be 

updated in the Commission’s 

Consolidated Data Base System [CDBS]. 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. In addition, therefore, it 

does not contain any new or modified 

information collection burden for small 

business concerns with fewer than 25 

employees, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

The Commission will send a copy of 

this Report & Order in a report to be sent 

to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BRAODCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Kentucky, is amended 

by adding Irvington, Channel 261A. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, 

Audio Division, 

Media Bureau. 

[FR Doc. 2010–4364 Filed 3–2–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 071220872–0093–04] 

RINs 0648–AS71 and 0648–AU71 

Magnuson-Stevens Act Provisions; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This rule amends general 

provisions for domestic fisheries in the 

western Pacific to correct errors that 

resulted from two recent rules. This 

action is necessary to remedy missing 

information, out of date administrative 

references, and a misspelling. 

DATES: Effective March 3, 2010. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, Pacific Islands Region, NMFS, 

808 944–2271. 

SUPPLEMENTARY INFORMATION: On 

November 21, 2008, NMFS published in 

the Federal Register a final rule (73 FR 

70600) designating three species of 

pelagic squid as management unit 

species under the Fishery Management 

Plan for Pelagic Species of the Western 

Pacific Region (FMP). That rule also 

established permitting and reporting 

requirements, and authorization for 

NMFS to place observers on squid 

fishing vessels. This final rule was 

effective December 22, 2008, except for 

the collection-of-information 

requirements, which were effective 

October 5, 2009 (74 FR 45756, 

September 4, 2009). 

The final rule that included squid jig 

fishing in the FMP inadvertently 

omitted an instruction to revise the table 

of authorized fishing gear at 50 CFR 

600.725(v). The rule established squid 

as management unit species in the 

definition of western Pacific pelagic 

management unit species (50 CFR 

665.800). The rule authorized squid jig 

fishing (50 CFR 665.801(g)), and defined 

squid jig gear (50 CFR 665.800). The 

rule also set restrictions on the use of 

squid jig gear (50 CFR 665.14(b), 

665.808, and 665.802(zz)). By these 

actions, squid jig gear and fishing are 

authorized and managed. However, the 

rule did not include this authorized 

fishing gear in the table at 50 CFR 

600.725(v), which provides a complete 

list of all authorized fishing gear in the 

FEPs. The rule should have added an 

entry to include squid jig as an 

authorized gear in the squid jig fishery 

in item 7 (western Pacific pelagic 

fisheries in the FMP) of section VIII 

(fisheries under the jurisdiction of the 

Western Pacific Fishery Management 

Council) in that table. This final rule 

corrects that error, and no substantive 

changes are made to the regulations. 

Additionally, on January 14, 2010, 

NMFS published in the Federal Register 

a final rule (75 FR 2198) restructuring 

western Pacific fishery regulations at 50 

CFR part 665 to be consistent with five 

new area-specific fishery ecosystem 

plans (FEP). The FEPs were established 

as FMPs, consistent with the MagnusonStevens Fishery Conservation and 

Management Act. In that rule, no 

substantive changes were made to the 

regulations. NMFS also restructured 

western Pacific regulations to be 

consistent with the area-specific 

organization of the FEPs, and changed 

administrative references in western 

Pacific regulations from ‘‘FMP’’ to ‘‘FEP.’’ 

That final rule was effective February 

16, 2010. 

That final rule inadvertently omitted 

an instruction to revise the table of 

authorized fishing gear at 600.725(v) to 

change references from ‘‘FMP’’ to ‘‘FEP’’ 

in section VIII (fisheries under the 

jurisdiction of the Western Pacific 

Fishery Management Council). This 

final rule corrects those administrative 

references; no substantive changes are 

made to the regulations. 


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9532 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 

This rule also corrects the spelling of 

the word ‘‘fishery,’’ which was 

misspelled as ‘‘fisher’’ in item 7.A of 

section VIII of the table. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA, (AA) finds good cause to waive 

prior notice and opportunity for public 

comment, as such notice and comment 

would be unnecessary. These 

procedures are unnecessary because the 

regulations were subject to notice and 

comment when originally implemented, 

and no substantive changes are being 

made pursuant to this final rule. The 

only actions currently being taken are to 

remedy missing or incorrect 

administrative information. Pursuant to 

5 U.S.C. 553(d), the 30–day delay in 

effectiveness does not apply to this rule 

because it is not a substantive rule. 

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 are 

inapplicable. Therefore, a final 

regulatory flexibility analysis is not 

required and one has not been prepared. 

This rule is exempt from review under 

Executive Order 12866. 

List of Subjects in 50 CFR Part 600 

Authorized fishing gear, Fisheries, 

Fishing, Western Pacific. 

Dated: February 25, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 600 is correctly 

amended as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

■ 1. The authority citation for part 600 

continues to read as follows: 

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

■ 2. In the table at § 600.725(v), revise 

the entries in section VIII for western 

Pacific Fisheries to read as follows: 

§ 600.725. General prohibitions. 

* * * * * 

(v) * * * 

Fishery Authorized gear types 

*****

VIII. Western Pacific Fishery Management Council 

1. Western Pacific Crustacean Fishery (FMP) (Fishery Ecosystem Plan, FEP) Trap, hand harvest, hoop net. 

2. Western Pacific Crustacean Fishery (Non-FEP): 

A. Commercial fishery A. Gillnet, hand harvest, hoop net, 

spear, snare, trap, trawl. 

B. Recreational fishery B. Gillnet, hand harvest, hoop net, 

spear, snare, trap. 

C. Charter fishery C. Hand harvest, spear. 

3. Western Pacific Precious Corals Fishery (FEP): 

A. Tangle net dredge fishery A. Tangle net dredge. 

B. Submersible fishery B. Submersible. 

C. Dive fishery C. Hand harvest. 

D. Recreational fishery D. Hand harvest. 

4. Western Pacific Precious Corals Fishery (Non-FEP) Hand harvest, submersible, tangle 

net dredge. 

5. Western Pacific Bottomfish and Seamount Groundfish Fishery (FEP): 

A. Bottomfish hook-and-line fishery A. Bandit gear, buoy gear, handline, 

hook and line, rod and reel, hand 

harvest. 

B. Seamount groundfish fishery B. Longline, trawl. 

C. Bottom longline fishery C. Longline, hook and line. 

D. Trap fishery D. Trap. 

E. Spear fishery E. Spear, powerhead. 

6. Western Pacific Bottomfish and Seamount Groundfish Fishery (Non-FEP): 

A. Commercial fishery A. Bandit gear, buoy gear, gillnet, 

handline, hook-and-line, longline, rod 

and reel, spear, trap. 


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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 9533 

Fishery Authorized gear types 

B. Recreational fishery B. Bandit gear, buoy gear, Gillnet, 

handline, hook and line, longline, rod 

and reel, spear, trap, slurp gun, hand 

harvest. 

C. Charter fishery C. Bandit gear, buoy gear, handline, 

hook-and-line, rod and reel, spear. 

7. Western Pacific Pelagics Fishery (FEP): 

A. Longline Fishery A. Longline. 

B. Hook and line fishery B. Bandit gear, buoy gear, handline, 

hook and line, rod and reel. 

C. Purse seine fishery C. Lampara net, purse seine. 

D. Spear fishery D. Spear, powerhead. 

E. Squid jig fishery E. Squid jig. 

8. Western Pacific Pelagics Fishery (Non-FEP): 

A. Recreational fishery A. Bandit gear, buoy gear, dip net, 

handline, hook and line, hoop net, 

powerhead, rod and real, spear. 

B. Commercial fishery B. Bandit gear, buoy gear, dip net, 

handline, hook and line, hoop net, 

powerhead, rod and reel, spear. 

C. Charter fishery C. Bandit gear, buoy gear, dip net, 

handline, hook and line, hoop net, 

powerhead, rod and reel, spear. 

9. Western Pacific Coastal Pelagics Fishery (Non-FEP) Bandit gear, buoy gear, dip net, 

gillnet, handline, hook and line, hoop 

net, lampara net, purse seine, rod 

and reel, spear. 

10. Western Pacific Squid and Octopus Fishery (Non-FEP) Bandit gear, hand harvest, hook and 

line, rod and reel, spear, trap. 

11. Western Pacific Coral Reef Fishery (Non-FEP) Allowable chemical, barrier net, dip 

net, gillnet, hand harvest, seine, 

slurp gun, trap, spear, rod and reel, 

hook and line. 

12. Recreational Fishery (Non-FEP) Rod and reel, hook and line, 

handline, hand harvest, spear. 

13. Commercial Fishery (Non-FEP) Trawl, gillnet, hook and line, longline, 

handline, rod and reel, bandit gear, 

cast net, spear. 

*****


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9534 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 

[FR Doc. 2010–4397 Filed 2–26–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XU73 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for pollock in Statistical Area 

630 of the Gulf of Alaska (GOA). This 

action is necessary to fully use the A 

season allowance of the 2010 total 

allowable catch (TAC) of pollock in 

Statistical Area 630 of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 28, 2010, through 

1200 hrs, A.l.t., March 2, 2010. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., March 15, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

XU73, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comment will 

generally be posted without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

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. 

NMFS closed directed fishing for 

pollock in Statistical Area 630 of the 

GOA under § 679.20(d)(1)(iii) on 

February 5, 2010 (75 FR 6589 February 

10, 2010). 

As of February 24, 2010, NMFS has 

determined that approximately 3,659 

metric tons of pollock remain in the 

directed fishing allowance for pollock in 

Statistical Area 630 of the GOA. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the A 

season allowance of the 2010 TAC of 

pollock in Statistical Area 630 of the 

GOA, NMFS is terminating the previous 

closure and is reopening directed 

fishing pollock in Statistical Area 630 of 

the GOA. The Administrator, Alaska 

Region (Regional Administrator) 

considered the following factors in 

reaching this decision: (1) the current 

catch of pollock in Statistical Area 630 

of the GOA and, (2) the harvest capacity 

and stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance will be reached after 

48 hours. Consequently, NMFS is 

prohibiting directed fishing for pollock 

in Statistical Area 630 of the GOA 

effective 1200 hrs, A.l.t., March 2, 2010. 

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 opening of pollock in 

Statistical Area 630 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 24, 

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. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

pollock in Statistical Area 630 of the 

GOA to be harvested in an expedient 

manner and in accordance with the 

regulatory schedule. Under 

§ 679.25(c)(2), interested persons are 

invited to submit written comments on 

this action to the above address until 

March 15, 2010. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: February 25, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4392 Filed 2–26–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XU79 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in 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 pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2010 total 

allowable catch (TAC) of pollock for 

Statistical Area 610 in the GOA. 


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