48170 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–2037; MB Docket No. 09–132; RM– 

11550] 

Television Broadcasting Services; Fort 

Worth, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by CBS 

Stations Group of Texas, L.P. (‘‘CBS 

Stations Group’’) and Television Station 

KTXA, L.P. (‘‘KTXA L.P.’’), the 

respective licensees of co-owned Fort 

Worth, Texas stations KTVT(TV), 

channel 11, and KTXA(TV), channel 19, 

requesting the substitution of channel 

19 for KTVT(TV)’s assigned channel 11 

at Fort Worth and the substitution of 

channel 29 for KTXA(TV)’s assigned 

channel 19 at Fort Worth. 

DATES: This rule is effective September 

22, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 09–132, 

adopted September 10, 2009, and 

released September 11, 2009. The full 

text of this document is available for 

public inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street, SW., 

Washington, DC 20554. This document 

will also be available via ECFS (http:// 

www.fcc.gov/cgb/ecfs/). (Documents 

will be available electronically in ASCII, 

Word 97, and/or Adobe Acrobat.) This 

document may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–478–3160 or via e-mail http:// 

www.BCPIWEB.com. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

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). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Report and 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). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

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

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas is first amended by adding 

DTV channel 29 and removing DTV 

channel 19 at Fort Worth. 

■ 3. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Texas is next amended by adding 

DTV channel 19 and removing DTV 

channel 11 at Fort Worth. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–22831 Filed 9–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 205 

Defense Federal Acquisition 

Regulation Supplement; Provision of 

Information to Cooperative Agreement 

Holders 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapter 2 (Parts 201 to 

299), revised as of October 1, 2008, on 

page 34, in section 205.470, remove 

‘‘$100,000,000’’ and add ‘‘$1,000,000’’ 

in its place. 

[FR Doc. E9–22901 Filed 9–21–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

48 CFR Part 247 

Defense Federal Acquisition 

Regulation Supplement; 

Transportation Acquisition Policy 

CFR Correction 

In Title 48 of the Code of Federal 

Regulations, Chapter 2 (Parts 201 to 

299), revised as of October 1, 2008, on 

page 307, in section 247.105, paragraph 

(b)(iii)(E) is reinstated to read as follows: 

247.105 Transportation assistance. 

(b) * * * 

(iii) * * * 

(E) When requesting rates and related 

costs for the evaluation of bids or 

proposals, include the bid opening or 

proposal due date and the expected date 

of initial shipment, if established. 

[FR Doc. E9–22902 Filed 9–21–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0801041351–9087–02] 

RIN 0648–XR71 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod 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; reallocation. 

SUMMARY: NMFS is reallocating 

projected unused amounts of Pacific cod 

from catcher vessels using trawl gear, 

catcher vessels using pot gear, and 

vessels using jig gear to American 

Fisheries Act (AFA) catcher processors, 

the Amendment 80 cooperative, catcher 

processors using pot gear, and catcher 

processors using hook-and-line gear in 

the Bering Sea and Aleutian Islands 

management area (BSAI). These actions 

are necessary to allow the 2009 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective September 17, 2009, 

until 2400 hours, A.l.t., December 31, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 


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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 48171 

BSAI 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 2009 Pacific cod TAC in the BSAI 

is 176,540 metric tons (mt) as 

established by the final 2009 and 2010 

final harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009). Pursuant to 

§ 679.20(a)(7)(ii), the allocations of the 

Pacific cod TAC are 76,375 mt to 

catcher processors using hook–and–line 

gear, 2,352 mt to catcher processors 

using pot gear, 13,173 mt to catcher 

vessels greater than or equal to 60 feet 

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

using pot gear, 3,626 mt to AFA trawl 

catcher processors, 17,654 mt to the 

Amendment 80 cooperative, and 34,841 

mt to catcher vessels using trawl gear. 

The allocation to vessels using jig gear 

is 607 mt after two reallocations (74 FR 

9965, March 9, 2009 and 74 FR 19021, 

April 27, 2009). 

As of September 15, 2009, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that catcher vessels using 

trawl gear will not be able to harvest 

4,200 mt of Pacific cod allocated to 

those vessels under (§ 679.20(a)(7)(ii). 

The Regional Administrator has 

determined that the projected 

unharvested amount is unlikely to be 

harvested by any of the other catcher 

vessel sectors described in 

§ 679.20(a)(7)(iii)(A). Therefore, in 

accordance with § 679.20(a)(7)(iii)(B), 

NMFS apportions 1,200 mt of Pacific 

cod from catcher vessels using trawl 

gear to AFA trawl catcher processors 

and 3,000 mt of Pacific cod from catcher 

vessels using trawl gear to the 

Amendment 80 cooperative. 

The Regional Administrator also has 

determined that catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using pot gear will not be able to harvest 

1,300 mt of Pacific cod. Additionally, 

the Regional Administrator has 

determined that catcher processors 

using pot gear will be unable to fully 

harvest this amount of Pacific cod. 

Therefore, in accordance with 

§ 679.20(a)(7)(iii)(C), NMFS is 

reallocating 500 mt of Pacific cod 

allocated to catcher vessels greater than 

60 feet (18.3 m) LOA using pot gear to 

catcher processors using pot gear and 

800 mt of Pacific cod allocated to 

catcher vessels greater than 60 feet (18.3 

m) LOA using pot gear to catcher 

processers using hook-and-line gear. 

The Regional Administrator also has 

determined that vessels using jig gear 

will be unable to harvest 550 mt of 

Pacific cod. The Regional Administrator 

has also determined that catcher vessels 

less than 60 feet (18.3m) LOA using 

hook-and-line or pot gear and catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

will be unable to harvest additional 

Pacific cod. Therefore, in accordance 

with § 679.20(a)(7)(iii)(A), NMFS is 

reallocating 550 mt of Pacific cod 

allocated to jig vessels to catcher 

processors using hook-and-line gear. 

The allocations for Pacific cod 

specified in the final 2009 and 2010 

final harvest specifications for 

groundfish in the BSAI (74 FR 7359, 

February 17, 2009) and two 

reallocations (74 FR 9965, March 9, 

2009 and 74 FR 19021, April 27, 2009) 

are revised as follows: 57 mt to vessels 

using jig gear, 77,725 mt to catcher 

processor vessels using hook-and-line 

gear, 11,873 mt to catcher vessels using 

pot gear, 2,852 mt to catcher processor 

vessels using pot gear, 4,826 mt to AFA 

catcher processors using trawl gear, 

20,654 mt to the Amendment 80 

cooperative, and 30,641 mt to catcher 

vessels using trawl gear. 

This will enhance the socioeconomic 

well-being of harvesters dependent 

upon Pacific cod in this area. The 

Regional Administrator considered the 

following factors in reaching this 

decision: (1) the current catch of Pacific 

cod by the applicable BSAI sectors and, 

(2) the harvest capacity and stated intent 

on future harvesting patterns of vessels 

in the sectors participating in this 

fishery. 

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 reallocation of Pacific cod. 

Since the fishery is currently open, it is 

important to immediately inform the 

industry as to the revised allocations. 

Immediate notification is necessary to 

allow for the orderly conduct and 

efficient operation of this fishery, to 

allow the industry to plan for the fishing 

season, and to avoid potential 

disruption to the fishing fleet as well as 

processors. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of September 15, 2009. 

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: September 16, 2009 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–22821 Filed 9–17–09; 4:15 pm] 

BILLING CODE 3510–22–S 


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