Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations 63861 

sale is defined to mean a provider’s 

website and any alternate sales channels 

through which the provider’s broadband 

internet access service is sold, including 

a provider-owned retail location, thirdparty retail location, and over the 

phone. For labels displayed on provider 

websites, the label must be displayed in 

close proximity to the associated 

advertised service plan. Point of sale 

also means the time a consumer begins 

investigating and comparing broadband 

service offerings available to them at 

their location. For alternate sales 

channels, providers must document 

each instance when it directs a 

consumer to a label and retain such 

documentation for two years. This 

requirement will be deemed satisfied if, 

instead, the provider: establishes the 

business practices and processes it will 

follow in distributing the label through 

alternative sales channels; retains 

training materials and related business 

practice documentation for two years; 

and provides such information to the 

Commission upon request, within thirty 

days. Point of sale for purposes of the 

E-Rate and Rural Health Care programs 

is defined as the time a service provider 

submits its bid to a program participant. 

Providers participating in the E-Rate 

and Rural Health Care programs must 

provide their labels to program 

participants when they submit their 

bids to participants. Broadband internet 

access service providers that offer 

online account portals to their 

customers shall also make each 

customer’s label easily accessible to the 

customer in such portals. 

* * * * * 

(b) Broadband internet access service 

is a mass-market retail service by wire 

or radio that provides the capability to 

transmit data to and receive data from 

all or substantially all internet 

endpoints, including any capabilities 

that are incidental to and enable the 

operation of the communications 

service, but excluding dial-up internet 

access service. This term also 

encompasses any service that the 

Commission finds to be providing a 

functional equivalent of the service 

described in the previous sentence or 

that is used to evade the protections set 

forth in this part. For purposes of 

paragraphs (a)(1) through (6) of this 

section, ‘‘mass-market’’ services exclude 

service offerings customized for the 

customer through individually 

negotiated agreements even when the 

services are supported by federal 

universal service support. 

* * * * * 

[FR Doc. 2023–20115 Filed 9–15–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 221223–0282; RTID 0648– 

XD368] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer From NC to MA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2023 commercial summer 

flounder quota to the Commonwealth of 

Massachusetts. This adjustment to the 

2023 fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised 2023 

commercial quotas for North Carolina 

and Massachusetts. 

DATES: Effective September 15, 2023, 

through December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laura Deighan, Fishery Management 

Specialist, (978) 281–9184. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.111. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102 and final 

2023 allocations were published on 

January 3, 2023 (88 FR 11). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan (FMP), as 

published in the Federal Register on 

December 17, 1993 (58 FR 65936), 

provided a mechanism for transferring 

summer flounder commercial quota 

from one state to another. Two or more 

states, under mutual agreement and 

with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can transfer or combine summer 

flounder commercial quota under 

§ 648.102(c)(2). The Regional 

Administrator is required to consider 

three criteria in the evaluation of 

requests for quota transfers or 

combinations: the transfer or 

combinations would not preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Regional 

Administrator has determined these 

three criteria have been met for the 

transfer approved in this notification. 

North Carolina is transferring 529 lb 

(240 kg) to Massachusetts through a 

mutual agreement between the States. 

This transfer was requested to repay 

landings made by an out-of-state 

permitted vessel under a safe harbor 

agreement. The revised summer 

flounder quotas for 2023 are North 

Carolina, 3,301,524 lb (1,497,546 kg), 

and Massachusetts, 1,359,363 lb 

(616,597 kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.102(c)(2)(i) through (iv), which was 

issued pursuant to section 304(b), and is 

exempted from review under Executive 

Order 12866. 

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

Dated: September 12, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–20064 Filed 9–15–23; 8:45 am] 

BILLING CODE 3510–22–P 


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