Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Rules and Regulations 59019 

Royalty Judges under section 

114(f)(1)(B) or section 114(f)(1)(C)(ii). 

(2) A Service is an entity engaged in 

the digital transmission of sound 

recordings pursuant to section 114(f) of 

title 17 of the United States Code. 

(c) Notice of Designation as Collective 

under Statutory License. A Collective 

shall file with the Licensing Division of 

the Copyright Office and post and make 

available online a ‘‘Notice of 

Designation as Collective under 

Statutory License,’’ which shall be 

identified as such by prominent caption 

or heading, and shall contain the 

following information: 

(1) The Collective name, address, 

telephone number and facsimile 

number; 

(2) A statement that the Collective has 

been designated for collection and 

distribution of performance royalties 

under statutory license for digital 

transmission of sound recordings; and 

(3) Information on how to gain access 

to the online Web site or home page of 

the Collective, where information may 

be posted under this part concerning the 

use of sound recordings under statutory 

license. The address of the Licensing 

Division is: Library of Congress, 

Copyright Office, Licensing Division, 

101 Independence Avenue, SE., 

Washington, DC 20557–6400. 

(d) Annual Report. The Collective will 

post and make available online, for the 

duration of one year, an Annual Report 

on how the Collective operates, how 

royalties are collected and distributed, 

and what the Collective spent that fiscal 

year on administrative expenses. 

(e) Inspection of Reports of Use by 

copyright owners. The Collective shall 

make copies of the Reports of Use for 

the preceding three years available for 

inspection by any sound recording 

copyright owner, without charge, during 

normal office hours upon reasonable 

notice. The Collective shall predicate 

inspection of Reports of Use upon 

information relating to identity, location 

and status as a sound recording 

copyright owner, and the copyright 

owner’s written agreement not to utilize 

the information for purposes other than 

royalty collection and distribution, and 

determining compliance with statutory 

license requirements, without express 

consent of the Service providing the 

Report of Use. The Collective shall 

render its best efforts to locate copyright 

owners in order to make available 

reports of use, and such efforts shall 

include searches in Copyright Office 

public records and published directories 

of sound recording copyright owners. 

(f) Confidentiality. Copyright owners, 

their agents, and Collectives shall not 

disseminate information in the Reports 

of Use to any persons not entitled to it, 

nor utilize the information for purposes 

other than royalty collection and 

distribution, and determining 

compliance with statutory license 

requirements, without express consent 

of the Service providing the Report of 

Use. 

(g) Termination and dissolution. If a 

Collective terminates its collection and 

distribution operations prior to the close 

of its term of designation, the Collective 

shall notify the Copyright Office, and all 

Services transmitting sound recordings 

under statutory license, by certified or 

registered mail. The dissolving 

Collective shall provide each such 

Service with information identifying the 

copyright owners it has served. 

Dated: October 3, 2006. 

James Scott Sledge, 

Chief Copyright Royalty Judge. 

[FR Doc. E6–16614 Filed 10–5–06; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281-0369-02; I.D. 

091306A] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective 12 noon, 

local time, October 6, 2006, through 

June 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–824–5305, fax: 

727–824–5308, e-mail: 

Steve.Branstetter@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Based on the Councils’ recommended 

total allowable catch and the allocation 

ratios in the FMP, NMFS implemented 

a commercial quota for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone of 1.01 

million lb (0.46 million kg) (66 FR 

17368, March 30, 2001). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached by October 6, 2006. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective 12:00 noon, 

local time, October 6, 2006, through 

June 30, 2007, the end of the fishing 

year. The boundary between the eastern 

and western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed zones or subzones. A person 

aboard a vessel that has a valid charter 

vessel/headboat permit for coastal 

migratory pelagic fish may continue to 

retain king mackerel in or from the 

closed zones or subzones under the bag 

and possession limits set forth in 50 

CFR 622.39(c)(1)(ii) and (c)(2), provided 

the vessel is operating as a charter 

vessel or headboat. A charter vessel or 

headboat that also has a commercial 

king mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

king mackerel from the closed zones or 

subzones that were harvested, landed 


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59020 Federal Register / Vol. 71, No. 194 / Friday, October 6, 2006 / Rules and Regulations 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor. 

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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself 

already has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30 day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: October 2, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 06–8535 Filed 10–3–06; 12:40 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 060209031–6092–02; I.D. 

020606C] 

RIN 0648–AU09 

Fisheries of the Northeastern United 

States; Northeast (NE) Multispecies 

Fishery; Emergency Secretarial Action; 

Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: NMFS continues management 

measures implemented by an April 13, 

2006, emergency interim final rule that 

were set to expire on October 10, 2006. 

Specifically, this temporary rule 

continues differential days-at-sea (DAS) 

counting for all groundfish vessels not 

fishing exclusively within the U.S./ 

Canada Management Area on Georges 

Bank (GB), reduced trip limits for 

certain species, and recreational 

possession restrictions, among other 

provisions. In addition, this action 

continues two programs that would 

otherwise have expired on April 30, 

2006: The DAS Leasing Program and a 

modified Regular B DAS Program on 

GB. This action is necessary to continue 

measures that immediately reduce 

fishing mortality rates (F) on overfished 

groundfish stocks while maintaining 

specific programs designed to help 

mitigate the economic and social 

impacts of effort reductions under the 

NE Multispecies Fishery Management 

Plan (FMP). This action is intended to 

maintain the rebuilding programs 

established for the FMP until more 

permanent management measures can 

be implemented through Framework 

Adjustment (FW) 42 to the FMP. 

DATES: The amendment to 

648.14(bb)(23) in this rule is effective 

October 6, 2006. The expiration date of 

the emergency rule published April 13, 

2006 (71 FR 19348); is extended to April 

4, 2007, or until superseded by another 

final rule, whichever occurs first. 

ADDRESSES: Copies of the Small Entity 

Compliance Guide, the Regulatory 

Impact Review (RIR), Final Regulatory 

Flexibility Analysis (FRFA), and the 

Environmental Assessment (EA) 

prepared for the April 13, 2006, 

emergency interim final rule are 

available from Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930. 

These documents are also accessible via 

the Internet at http:// 

www.nero.nmfs.gov. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this temporary rule should 

be submitted to the Regional 

Administrator at the address above and 

to David Rostker, Office of Management 

and Budget (OMB), by e-mail at 

DavidlRotsker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Douglas W. Christel, Fishery Policy 

Analyst, (978) 281–9141, fax (978) 281–

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

Amendment 13 to the FMP 

established a process whereby the NE 

multispecies complex is routinely 

evaluated to determine the status of 

groundfish stocks in relation to 

rebuilding objectives of the FMP. 

Changes to management measures 

necessary to achieve rebuilding 

objectives are made through biennial 

adjustments to the FMP. The latest stock 

assessment, the Groundfish Assessment 

Review Meeting (GARM II) in August 

2005, updated estimates of F and stock 

biomass for calendar year 2004. Based 

on GARM II and the resulting estimates 

of 2005 calendar year F’s, additional 

management measures are necessary to 

reduce F on six groundfish stocks for 

the 2006 fishing year. 

The New England Fishery 

Management Council (Council) 

developed management measures in FW 

42 that are designed to achieve the 

necessary F reductions in the 

groundfish fishery for the next several 

fishing years, including the current 2006 

fishing year (May 1, 2006, through April 

30, 2007). However, because FW 42 

could not be implemented by the start 

of the 2006 fishing year (FY) on May 1, 

2006, and because several stocks 

required F reductions for the start of the 

2006 fishing year to maintain the 

Amendment 13 rebuilding program, 

NMFS determined that the existing 

situation constituted an emergency, as 

unforeseen events could cause serious 

conservation and management problems 

unless addressed through immediate 

regulatory action. Accordingly, NMFS 

developed emergency management 

measures pursuant to the authority 

provided to the Secretary of Commerce 

in section 305(c) of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). A proposed rule justifying 

emergency action according to agency 

guidelines (62 FR 44421; August 21, 

1997) and soliciting public comment on 

proposed emergency management 

measures published on March 3, 2006 

(71 FR 11060). Based on additional 

analysis and public comment, the 

proposed measures were revised. 

Subsequently, an emergency interim 

final rule implementing revised 

emergency management measures 

published on April 13, 2006 (71 FR 

19348), accepting further comments on 

the revised measures through May 15, 

2006. Additional background for that 

action, an explanation of the 


cprice-sewell on PROD1PC66 with RULES