Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 10441 

certain elements of a security scheme 

could assist parties in defeating the 

scheme. As Cisco stated in its petition, 

licensing agreements may require that 

open source software code be made 

publicly available. This could 

potentially lead to public disclosure of 

this information. For these reasons, the 

Commission stated in the MO&O that a 

system that is wholly dependent on 

open source elements would have a 

high burden to demonstrate that it is 

sufficiently secure to warrant 

authorization as a software defined 

radio. However, the Commission’s 

statements in the MO&O were not 

intended to prohibit the use of open 

source software or discourage its use. 

All applicants seeking to certify a 

software defined radio are held to the 

same standard, i.e., they must 

demonstrate that the radio contains 

security features sufficient to prevent 

unauthorized modifications to the radio 

frequency operating parameter. A party 

applying for certification of a software 

defined radio would need to show that 

public disclosure of the source code 

would not assist parties in defeating the 

security scheme, or that disclosure of 

the distinctive elements of the security 

scheme would not assist parties in 

defeating the security scheme. As the 

SDR Forum notes, security mechanisms 

can rely on a variety of means to control 

access, such as keys, passwords or 

biometric data. 

11. Finally, as software defined radio 

and security technologies continue to 

develop and mature, the Commission 

may address the rules for software 

defined radios, including their security 

requirements, in future proceedings. 

The Commission encourages the SDR 

Forum and other interested parties to 

participate in such proceedings. 

Ordering Clauses 

12. The petition for reconsideration 

filed by the SDR Forum IS hereby 

dismissed. This action is taken pursuant 

to the authority contained in Sections 

4(i), 301, 302, 303(e), 303(f), and 303(r) 

of the Communications Act of 1934, as 

amended, 47 U.S.C. Sections 154(i), 301, 

302, 303(e), 303(f), and 303(r). 

13. It is further ordered that ET Docket 

No. 03–108 is terminated. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–4855 Filed 3–5–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XU89 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

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 offshore 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 offshore component of 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 3, 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 offshore component of 

the Western Regulatory Area of the GOA 

is 1,246 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, 2009). 

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 offshore 

component of the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 1,096 mt, and is setting 

aside the remaining 150 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 offshore 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 offshore 

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 March 2, 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: March 3, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–4857 Filed 3–3–10; 4:15 pm] 

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