Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48665 

KNAZ–TV, channel 2, Flagstaff, 

Arizona. MHC is currently operating on 

its allotted pre-transition DTV channel 

22 pursuant to Special Temporary 

Authority and requests the substitution 

of channel 22 for channel 2 at Flagstaff. 

DATES: This rule is effective September 

24, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joyce L. Bernstein, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–110, 

adopted September 15, 2009, and 

released September 16, 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 Arizona, is amended by adding 

channel 22 and removing channel 2 at 

Flagstaff. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–23062 Filed 9–23–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XR78 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

for Vessels in the Bering Sea and 

Aleutian Islands Trawl Limited Access 

Fishery in the Western Aleutian District 

of 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 ocean perch for 

vessels participating in the Bering Sea 

and Aleutian Islands (BSAI) trawl 

limited access fishery in the Western 

Aleutian District of the BSAI. This 

action is necessary to prevent exceeding 

the 2009 Pacific ocean perch total 

allowable catch (TAC) specified for 

vessels participating in the BSAI trawl 

limited access fishery in the Western 

Aleutian District of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 21, 2009, 

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

2009. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 2009 Pacific ocean perch TAC 

allocated as a directed fishing allowance 

to vessels participating in the BSAI 

trawl limited access fishery in the 

Western Aleutian District of the BSAI is 

116 metric tons as established by the 

final 2009 and 2010 harvest 

specifications for groundfish in the 

BSAI (74 FR 7359, February 17, 2009). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2009 Pacific ocean 

perch TAC allocated to vessels 

participating in the BSAI trawl limited 

access fishery in the Western Aleutian 

District of the BSAI has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific ocean perch 

for vessels participating in the BSAI 

trawl limited access fishery in the 

Western Aleutian District of 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 ocean perch 

for vessels participating in the BSAI 

trawl limited access fishery in the 

Western Aleutian District of the BSAI. 

Delaying the closure of Pacific ocean 

perch after the Regional Administrator 

had determined that the TAC has been 

reached would be a conservation 

concern. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 18, 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 


cprice-sewell on DSK2BSOYB1PROD with RULES
48666 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

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 21, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–23070 Filed 9–21–09; 4:15 pm] 

BILLING CODE 3510–22–S 


cprice-sewell on DSK2BSOYB1PROD with RULES