31194 Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations 

Commission amends 47 CFR parts 20 

and 80 as follows: 

PART 20—COMMERCIAL MOBILE 

RADIO SERVICES 

■ 1. The authority citation for part 20 

continues to read as follows: 

Authority: 47 U.S.C. 154, 160, 201, 251–

254, 303, and 332 unless otherwise noted. 

■ 2. Amend § 20.9 by revising 

paragraphs (b) introductory text and 

(b)(1) to read as follows: 

§ 20.9 Commercial mobile radio service. 

* * * * * 

(b) Licensees of a Personal 

Communications Service or applicants 

for a Personal Communications Service 

license, and VHF Public Coast Station 

geographic area licensees or applicants, 

and Automated Maritime 

Telecommunications System (AMTS) 

licensees or applicants, proposing to use 

any Personal Communications Service, 

VHF Public Coast Station, or AMTS 

spectrum to offer service on a private 

mobile radio service basis must 

overcome the presumption that Personal 

Communications Service, VHF Public 

Coast, and AMTS Stations are 

commercial mobile radio services. 

(1) The applicant or licensee (who 

must file an application to modify its 

authorization) seeking authority to 

dedicate a portion of the spectrum for 

private mobile radio service, must 

include a certification that it will offer 

Personal Communications Service, VHF 

Public Coast Station, or AMTS service 

on a private mobile radio service basis. 

The certification must include a 

description of the proposed service 

sufficient to demonstrate that it is not 

within the definition of commercial 

mobile radio service in § 20.3. Any 

application requesting to use any 

Personal Communications Service, VHF 

Public Coast Station, or AMTS spectrum 

to offer service on a private mobile radio 

service basis will be placed on public 

notice by the Commission. 

* * * * * 

PART 80—STATIONS IN THE 

MARITIME SERVICES 

■ 3. The authority citation for part 80 

continues to read as follows: 

Authority: Secs. 4, 303, 307(e), 309, and 

332, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309, and 332, unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 

4726, 12 UST 2377. 

■ 4. Amend § 80.5 by revising the 

definition of ‘‘Automated maritime 

telecommunications system’’ to read as 

follows: 

§ 80.5 Definitions. 

* * * * * 

Automated maritime 

telecommunications system (AMTS). An 

automatic maritime communications 

system. 

* * * * * 

■ 5. Amend § 80.123 by revising the 

introductory text to read as follows: 

§ 80.123 Service to stations on land. 

Marine VHF public coast stations, 

including AMTS coast stations, may 

provide service to stations on land in 

accordance with the following: 

* * * * * 

■ 6. Amend § 80.371 by revising the 

introductory text of paragraph (c)(1)(i) to 

read as follows: 

§ 80.371 Public correspondence 

frequencies. 

* * * * * 

(c) * * * 

(1) (i) The frequency pairs listed in 

this paragraph are available for 

assignment to public coast stations for 

communications with ship stations and 

units on land. 

* * * * * 

■ 7. Amend § 80.475 by revising 

paragraph (c) and adding a new 

paragraph (d) to read as follows: 

§ 80.475 Scope of service of the 

Automated Maritime Telecommunications 

System (AMTS). 

* * * * * 

(c) An AMTS system may provide 

private mobile radio service in addition 

to or instead of public correspondence 

service. However, such communications 

may be provided only to stations whose 

licensees make cooperative 

arrangements with the AMTS coast 

station licensees. In emergency and 

distress situations, services must be 

provided to ship stations without prior 

arrangements. 

(d) AMTS systems providing private 

mobile radio service instead of, or in 

addition to, public correspondence 

service are not required to be 

interconnected to the public switched 

network when providing such private 

mobile radio service. AMTS systems 

providing public correspondence 

service must be interconnected to the 

public switched network, but the 

licensee may also offer noninterconnected services. 

■ 8. Amend § 80.479 by revising 

paragraph (a) to read as follows: 

§ 80.479 Assignment and use of 

frequencies for AMTS. 

(a) The frequencies assignable to 

AMTS stations are listed in subpart H of 

this subpart. 

* * * * * 

[FR Doc. E7–10724 Filed 6–5–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070427094–7113–02, I.D. 

042407A] 

RIN 0648–AV50 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Allocation of 

Trips in the Closed Area II Yellowtail 

Flounder Special Access Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; allocation of trips. 

SUMMARY: NMFS announces that the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), has allocated 

zero trips to the Closed Area (CA) II 

Yellowtail Flounder Special Access 

Program (SAP) during the 2007 fishing 

year (FY) (i.e., May 1, 2007, through 

April 30, 2008). The Regional 

Administrator has determined that the 

available catch of Georges Bank (GB) 

yellowtail flounder is insufficient to 

support a minimum level of fishing 

activity within the CA II Yellowtail 

Flounder SAP for FY 2007. The intent 

of this action is to help achieve 

optimum yield (OY) in the fishery by 

maximizing the utility of available GB 

yellowtail flounder total allowable catch 

(TAC) throughout FY 2007. 

DATES: Effective July 1, 2007 through 

April 30, 2008. 

ADDRESSES: Copies of the final rule 

implementing the FY 2007 TAC for GB 

yellowtail flounder in the U.S./Canada 

Management Area are available upon 

request from the NE Regional Office at 

the following mailing address: George 

H. Darcy, Assistant Regional 

Administrator for Sustainable Fisheries, 

NMFS, Northeast Regional Office, 1 

Blackburn Drive, Gloucester, MA 01930. 

Copies may also be requested by calling 

(978) 281–9315. 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Rules and Regulations 31195 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, phone: (978) 281–9145, fax: 

(978) 281–9135, e-mail: 

Mark.Grant@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Framework Adjustment (FW) 40B (70 

FR 31323; June 1, 2005), requires the 

Regional Administrator annually 

allocate the total number of trips into 

the CA II Yellowtail Flounder SAP. A 

formula was developed in FW 40B to 

assist the Regional Administrator in 

determining the appropriate number of 

trips for this SAP on a yearly basis. The 

FY 2007 calculations for this equation 

were detailed in the proposed rule (72 

FR 26770; May 11, 2007) and are not 

repeated here. 

FW 40B authorized the Regional 

Administrator to allocate zero trips to 

this SAP if the available GB yellowtail 

flounder catch is not sufficient to 

support 150 trips with a 15,000-lb 

(6,804-kg) trip limit (i.e., if the available 

GB yellowtail catch is less than 1,021 

mt), as required. Using the formula 

developed in FW 40B and based on the 

900-mt U.S./Canada GB yellowtail 

flounder TAC for 2007 (72 FR 25709; 

May 7, 2007), the Regional 

Administrator has determined that there 

will be insufficient GB yellowtail 

flounder TAC to support the CA II 

Yellowtail Flounder SAP for FY 2007. 

Therefore, zero trips are allocated to the 

SAP for FY 2007. 

Comments and Responses 

Two comments were received on this 

action. 

Comment 1: One commenter did not 

specifically address the proposed 

allocation of trips, but asserted that all 

of GB should be closed permanently 

because it has been denuded of all fish 

species. 

Response: Amendment 13 (69 FR 

22906; April 27, 2004) to the NE 

Multispecies Fishery Management Plan 

(FMP) implemented a rebuilding plan 

for all overfished stocks managed under 

the FMP. Included in this rebuilding 

plan was the CA II Yellowtail Flounder 

SAP. The Environmental Impact 

Statement for Amendment 13 

determined that this SAP has minimal 

negative impacts to the GB yellowtail 

flounder stock, neutral impacts on 

Essential Fish Habitat, and negligible 

impacts on other stocks managed by the 

FMP. The current regulatory restrictions 

in place are designed to protect and 

rebuild fish stocks in accordance with 

applicable laws; therefore, it is not 

necessary to close BG to fishing in order 

to rebuild fish stocks. 

Comment 2: Another commenter did 

not specifically address the proposed 

allocation of trips, but asserted that GB 

yellowtail flounder trip limits in the 

Western U.S./Canada Area were 

preventing the harvest of GB haddock. 

Response: the GB yellowtail flounder 

TAC for FY 2007 is greatly reduced (57 

percent less than FY 2006). For this 

reason, allowing any trips into this SAP 

will likely result in fully harvesting the 

TAC prior to the end of the fishing year, 

resulting in a possession ban for GB 

yellowtail flounder, premature closure 

of the entire Eastern U.S./Canada Area 

to all NE multispecies DAS vessels, and 

reduced opportunities to fully harvest 

the GB haddock and GD cod TACs in 

the Eastern U.S./Canada Area. NMFS is 

allocating zero trips to this SAP to help 

achieve OY in the U.S./Canada Area by 

maximizing the utility of available GB 

yellowtail flounder TAC throughout FY 

2007. 

Classification 

The Regional Administrator has 

determined that this action is necessary 

for the conservation and management of 

the NE multispecies fishery and that it 

is consistent with the MagnusonStevens Fishery Conservation and 

Management Act and other applicable 

laws. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

This final rule does not contain any 

new, nor revises existing reporting, 

recordkeeping, and other compliance 

requirements. 

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

Dated: May 31, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–2813 Filed 6–1–07; 2:46 pm] 

BILLING CODE 3510–22–M 


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