Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 19387 

period of SSM, then the owner or 

operator must take steps to minimize 

emissions to the extent practicable.’’ 70 

FR at 43993. 

The exception to technology-based 

emission standards during SSM events, 

which applies when a source cannot 

meet the technology-based standard 

using all practicable steps to minimize 

emissions that are consistent with safety 

and good air pollution control practices, 

is appropriate and may be necessary to 

preserve the reasonableness of the 

underlying MACT standards. Essex 

Chemical Corporation v. EPA, 486 F.2d. 

427, 432–33 (D.C. Cir 1973) (addressing 

exemption from New Source 

Performance Standards during SSM 

events); Portland Cement Association v. 

Ruckelshaus, 486 F.2d. 375, 398–99 

(D.C. Cir. 1973) (same); Marathon Oil v. 

EPA, 564 F.2d. 1253, 1272–73 (9th Cir. 

1977) (discussing need to provide upset 

defense for technology-based effluent 

limits to account for technology failure). 

As discussed above and in the 

preamble to the proposed and final 

rules, the general duty to minimize 

emissions is sufficiently specific (71 FR 

20448–49), and the SSM recordkeeping 

and reporting requirements are 

sufficient to assure compliance with the 

general duty clause. We note that in the 

Title V context, EPA’s regulations 

specifically provide that recordkeeping 

requirements can adequately assure 

compliance. In particular, 40 CFR 

70.6(a)(3)(i), which implements the 

statutory requirement of section 504(a) 

of the CAA, specifies that periodic 

testing and monitoring to determine 

compliance with an applicable 

requirement ‘‘may consist of 

recordkeeping designed to serve as 

monitoring.’’ Moreover, 40 CFR 

70.6(a)(3)(i)(b) (which requires title V 

permits to include monitoring and 

testing provisions when an underlying 

applicable requirement does not contain 

provisions) specifies that 

‘‘[r]ecordkeeping provisions may be 

sufficient to meet the requirements of 

this paragraph (a)(3)(i)(B).’’

Dated: April 12, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–7362 Filed 4–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–1447; RM–10798] 

Radio Broadcasting Services; Annville, 

Manchester, Mt. Vernon, West Liberty, 

KY 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; denial of petition for 

reconsideration. 

SUMMARY: This document denies a 

Petition for Reconsideration filed jointly 

by Vernon R. Baldwin, Inc., Morgan 

County Industries, Inc., and Vernon R. 

Baldwin (‘‘Petitioners’’) directed to a 

letter which returned their Joint Petition 

for Rule Making (‘‘Joint Petition’’). The 

Joint Petition was defective because the 

proposed site at Mt. Vernon failed to 

provide a 70 dBu signal over the entire 

community due to terrain obstruction. 

This document finds that it is not in the 

public interest to allow Petitioners on 

reconsideration to reinstate and amend 

their Joint Petition with a new site 

because a Petition for Rule Making must 

be technically correct at the time of 

filing. With this action, the proceeding 

is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Helen McLean, Media Bureau (202) 

418–2738. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, 

adopted March 28, 2007, and released 

March 30, 2007. The full text of this 

Commission decision is available for 

inspection and copying during regular 

business hours at the FCC’s Reference 

Information Center, Portals II, 445 

Twelfth Street, SW., Room CY–A257, 

and Washington, DC 20554. The 

complete text of this decision may also 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–378–3160 or 

www.BCPIWEB.com. This document is 

not subject to the Congressional Review 

Act. (The Commission, is, therefore, not 

required to submit a copy of this 

Memorandum Opinion and Order to the 

Government Accountability Office, 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A) because 

the petition for reconsideration was 

denied. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E7–7257 Filed 4–17–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 99–87; RM 9332; FCC 07–

39] 

Implementation of Sections 309(j) and 

337 of the Communications Act of 1934 

as Amended; Promotion of Spectrum 

Efficient Technologies on Certain Part 

90 Frequencies 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) declines, for now, 

to establish a schedule for Private Land 

Mobile Radio (PLMR) systems in the 

150–174 MHz and 421–512 MHz bands 

to transition to 6.25 kHz technology; 

and revises the implementation date of 

the 6.25 kHz requirement for equipment 

certification from January 1, 2005 to 

January 1, 2011. 

DATES: Effective May 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Melvin Spann, Melvin.Spann@FCC.gov, 

Mobility Division, Wireless 

Telecommunications Bureau at (202) 

418–1333. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal 

Communications Commission’s Third 

Report and Order in WT Docket No. 99–

87 (Third Report and Order), FCC 07–

39, adopted on March 22, 2007, and 

released on March 26, 2007. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: http://www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

e-mail to fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202–

418–0432 (tty). 

1. The Third Report and Order 

addresses issues raised in the Second 


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19388 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 

Report and Order and Second Further 

Notice of Proposed Rule Making, (2nd 

R&O and 2nd FNPRM) and Third 

Memorandum Opinion and Order, 

Third Further Notice of Proposed Rule 

Making and Order (3rd MO&O, 3rd 

FNPRM and Order) in this proceeding. 

The Commission takes the following 

significant actions in the Third Report 

and Order: (i) declines to establish a 

schedule for PLMR systems in the 150–

174 MHz and 421–512 MHz bands to 

transition to 6.25 kHz technology, and 

(ii) revises the implementation date of 

the 6.25 kHz requirement for equipment 

certification from January 1, 2005 to 

January 1, 2011. 

I. Procedural Matters 

A. Paperwork Reduction Act Analysis 

2. The Third Report and Order does 

not contain any new or modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘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). 

B. Report to Congress 

3. The Commission will send a copy 

of this Third Report and Order in a 

report to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

C. Final Regulatory Flexibility Analysis 

4. As required by the Regulatory 

Flexibility Act (RFA), see 5 U.S.C. 604, 

the Commission has prepared a Final 

Regulatory Flexibility Analysis (FRFA) 

of the possible impact of the rule 

changes contained in this Third Report 

and Order on small entities. The 

Commission’s Consumer Information 

Bureau, Reference Information Center, 

will send a copy of this Third Report 

and Order, including the FRFA 

Analysis, to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

Need for, and Objectives of, the Third 

Report and Order 

5. The Third Report and Order 

addresses comments in response to the 

Third Further Notice of Proposed Rule 

Making, in WT Docket 99–87; FCC 04–

292 at 70 FR 34666, concerning a 

contemplated mandatory transition to 

6.25 kHz technology for Private Land 

Mobile Radio (PLMR) users. In the Third 

Report and Order, we change the 

implementation date of 47 CFR 

90.203(j)(4)-(5) from January 1, 2005, to 

January 1, 2011. The rule change 

reduces burdens on equipment 

manufacturers and furthers the 

Commission’s objectives to encourage 

the development and use of increasingly 

spectrally efficient technology. Once the 

rule change becomes effective, 

applications for equipment certification 

received on or after January 1, 2011, will 

be granted only if the equipment either 

(1) is capable of operating on 6.25 kHz 

channels, or (2) meets a narrowband 

efficiency standard, i.e., one channel per 

6.25 kHz (voice) or 4800 bits per second 

per 6.25 kHz (data). 

Summary of Significant Issues Raised by 

Public Comments in Response to the 

IRFA 

6. No comments or reply comments 

were filed in direct response to the 

IRFA. The Commission has, however, 

reviewed the general comments that 

may impact small businesses. Much of 

the potential impact on small businesses 

arose from the previous requirement 

that applications for equipment 

certification received on or after January 

1, 2005, will be granted only if the 

equipment either (1) is capable of 

operating on 6.25 kHz channels, or (2) 

meets a narrowband efficiency standard, 

i.e., one channel per 6.25 kHz (voice) or 

4800 bits per second per 6.25 kHz 

(data). The burdens and hardships 

associated with equipment 

manufacturers meeting this requirement 

were cited in opposition to this 

requirement. 

Description and Estimate of the Number 

of Small Entities To Which Rules Will 

Apply 

7. The RFA directs agencies to 

provide a description of and, where 

feasible, an estimate of the number of 

small entities that may be affected by 

the rules adopted. The RFA generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’

and ‘‘small governmental jurisdiction.’’

In addition, the term ‘‘small business’’

has the same meaning as the term 

‘‘small business concern’’ under the 

Small Business Act. A small business 

concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA). Nationwide, 

there are a total of approximately 22.4 

million small businesses, according to 

SBA data. A ‘‘small organization’’ is 

generally ‘‘any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field.’’ Nationwide, as of 2002, there 

were approximately 1.6 million small 

organizations. The term ‘‘small 

governmental jurisdiction’’ is defined 

generally as ‘‘governments of cities, 

towns, townships, villages, school 

districts, or special districts, with a 

population of less than fifty thousand.’’

Census Bureau data for 2002 indicate 

that there were 87,525 local 

governmental jurisdictions in the 

United States. We estimate that, of this 

total, 84,377 entities were ‘‘small 

governmental jurisdictions.’’ Thus, we 

estimate that most governmental 

jurisdictions are small. 

8. The rule change effectuated by this 

Third Report and Order applies to 

manufacturers of radio equipment 

designed to operate on private land 

mobile frequencies in the 150–174 MHz 

and 421–512 MHz bands. The rule 

change and decisions herein also have 

a nominal, merely indirect application 

to users of Public Safety Radio Pool 

services and private radio licensees that 

are regulated under part 90 of the 

Commission’s rules. 

9. Equipment Manufacturers. We 

anticipate that at least six radio 

equipment manufacturers will be 

affected by our decisions in this 

proceeding. The Census Bureau defines 

this category as follows: ‘‘This industry 

comprises establishments primarily 

engaged in manufacturing radio and 

television broadcast and wireless 

communications equipment. Examples 

of products made by these 

establishments are: transmitting and 

receiving antennas, cable television 

equipment, GPS equipment, pagers, 

cellular phones, mobile 

communications equipment, and radio 

and television studio and broadcasting 

equipment.’’ The SBA has developed a 

small business size standard for Radio 

and Television Broadcasting and 

Wireless Communications Equipment 

Manufacturing, which is: all such firms 

having 750 or fewer employees. 

According to Census Bureau data for 

2002, there were a total of 1,041 

establishments in this category that 

operated for the entire year. Of this 

total, 1,010 establishments had 

employed less than 500, and an 

additional 13 had employed 500 to 999. 

Thus, under this size standard, the 

majority of firms can be considered 

small. 

10. Public safety services and 

Governmental entities. Public safety 

radio services include police, fire, local 

governments, forestry conservation, 

highway maintenance, and emergency 

medical services. The SBA rules contain 

a definition for small radiotelephone 


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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 19389 

(wireless) companies that encompass 

business entities engaged in 

radiotelephone communications 

employing no more that 1,500 persons. 

There are a total of approximately 

127,540 licensees within these services. 

Governmental entities as well as private 

businesses comprise the licensees for 

these services. The RFA also includes 

small governmental entities as a part of 

the regulatory flexibility analysis. As 

noted, under the RFA, the term ‘‘small 

governmental jurisdiction’’ is defined 

generally as ‘‘governments of cities, 

towns, townships, villages, school 

districts, or special districts, with a 

population of less than fifty thousand.’’

Census Bureau data for 2002 indicate 

that there were 87,525 local 

governmental jurisdictions in the 

United States. We estimate that, of this 

total, 84,377 entities were ‘‘small 

governmental jurisdictions.’’ Thus, we 

estimate that most governmental 

jurisdictions are small. 

11. Estimates for PLMR Licensees. 

Private land mobile radio systems serve 

an essential role in a vast range of 

industrial, business, land transportation, 

and public safety activities. These 

radios are used by companies of all sizes 

operating in all U.S. business categories. 

Because of the vast array of PLMR users, 

the Commission has not developed a 

definition of small entities specifically 

applicable to PLMR users, nor has the 

SBA developed any such definition. The 

SBA rules do, however, contain a 

definition for small radiotelephone 

(wireless) companies. Included in this 

definition are business entities engaged 

in radiotelephone communications 

employing no more that 1,500 persons. 

The SBA has developed a small 

business size standard for wireless firms 

within the two broad economic census 

categories of ‘‘Paging’’ and ‘‘Cellular and 

Other Wireless Telecommunications.’’

Under both categories, the SBA deems 

a wireless business to be small if it has 

1,500 or fewer employees. For the 

census category of Paging, Census 

Bureau data for 2002 show that there 

were 807 firms in this category that 

operated for the entire year. Of this 

total, 804 firms had employment of 999 

or fewer employees, and three firms had 

employment of 1,000 employees or 

more. Thus, under this category and 

associated small business size standard, 

the majority of firms can be considered 

small. For the census category of 

Cellular and Other Wireless 

Telecommunications, Census Bureau 

data for 2002 show that there were 1,397 

firms in this category that operated for 

the entire year. Of this total, 1,378 firms 

had employment of 999 or fewer 

employees, and 19 firms had 

employment of 1,000 employees or 

more. Thus, under this second category 

and size standard, the majority of firms 

can, again, be considered small. Thus, 

under this size standard, the majority of 

firms can be considered small. For the 

purpose of determining whether a 

licensee is a small business as defined 

by the SBA, each licensee would need 

to be evaluated within its own business 

area. The Commission’s fiscal year 1994 

annual report indicates that, at the end 

of fiscal year 1994, there were 1,101,711 

licensees operating 12,882,623 

transmitters in the PLMR bands below 

512 MHz. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

12. Equipment manufacturers need to 

make note of the new implementation 

date of January 1, 2011, for 47 CFR 

90.203(j)(4)-(5) of the Commission’s 

Rules, as established in this Third 

Report and Order. Applications for 

equipment certification and received on 

or after January 1, 2011, will be granted 

only if the equipment either (1) is 

capable of operating on 6.25 kHz 

channels, or (2) meets a narrowband 

efficiency standard, i.e., one channel per 

6.25 kHz (voice) or 4800 bits per second 

per 6.25 kHz (data). We believe that 

both small and large entities will 

encounter the same proportional costs 

to comply with these requirements. 

Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

13. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in developing its 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rule for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’

14. The only rule change we adopt 

herein is to delay the implementation 

date of our certification requirements 

from January 1, 2005, to January 1, 2011. 

Applications for equipment certification 

received on or after January 1, 2011, will 

be granted only if the equipment either 

(1) is capable of operating on 6.25 kHz 

channels, or (2) meets a narrowband 

efficiency standard, i.e., one channel per 

6.25 kHz (voice) or 4800 bits per second 

per 6.25 kHz (data). This rule change 

reduces the impact on equipment 

manufacturers of the prior rule, which 

required compliance sooner. We 

delayed the implementation date 

because a majority of commenters 

believed that enforcing an equipment 

authorization cut-off now would place 

onerous burdens on manufacturers. We 

anticipate that small licensees will 

experience little impact as a result of 

this rule change. By 2011, licensees in 

the market for new equipment will have 

a choice between 12.5 kHz-capable and 

6.25 kHz-capable equipment. 

15. We investigated alternatives to the 

January 1, 2011, implementation date of 

our certification requirements, 

including elimination of the 

requirements, as requested by some 

commenters. We rejected earlier dates 

because they might not allow enough 

time for 6.25 kHz standards to be 

finalized. We believe that earlier dates 

would not provide significant relief to 

equipment manufacturers, and that they 

would incur excessive costs to meet our 

certification requirements. Next, we 

considered dates after 2011, as well as 

eliminating our 6.25 kHz equipment 

certification requirements completely. 

While we realize that these options 

would further minimize the economic 

impact on equipment manufacturers, we 

rejected these options they would 

excessively delay our objective to 

encourage the development and use of 

spectrally efficient technology. 

D. Report to Congress 

16. The Commission will send a copy 

of this Third Report and Order in WT 

Docket No. 99–87, including the Final 

Regulatory Flexibility Analysis, in a 

report to be sent to Congress pursuant 

to the Congressional Review Act. In 

addition, the Commission will send a 

copy of the Third Report and Order, 

including the Final Regulatory 

Flexibility Analysis, to the Chief 

Counsel for Advocacy of the SBA. A 

copy of the Third Report and Order and 

the Final Regulatory Flexibility Analysis 

(or summaries thereof) will also be 

published in the Federal Register. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 90 as 

follows: 


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19390 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 1. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), 332(c)(7). 

■ 2. Amend § 90.203 by revising 

paragraph (j)(4) introductory text and 

paragraph (j)(5); and removing 

paragraph (j)(6); and by redesignating 

paragraphs (j)(7) through (j)(11) as (j)(6) 

through (j)(10) to read as follows: 

§ 90.203 Certification required. 

* * * * * 

(j) * * * 

(4) Applications for part 90 

certification of transmitters designed to 

operate on frequencies in the 150.8–

162.0125 MHz, 173.2–173.4 MHz, and/ 

or 421–512 MHz bands, received on or 

after January 1, 2011, except for handheld transmitters with an output power 

of two watts or less, will only be granted 

for equipment with the following 

channel bandwidths: 

* * * * * 

(5) Applications for part 90 

certification of transmitters designed to 

operate on frequencies in the 150.8–

162.0125 MHz, 173.2–173.4 MHz, and/ 

or 421–512 MHz bands, received on or 

after January 1, 2011, must include a 

certification that the equipment meets a 

spectrum efficiency standard of one 

voice channel per 6.25 kHz of channel 

bandwidth. Additionally, if the 

equipment is capable of transmitting 

data, has transmitter output power 

greater than 500 mW, and has a channel 

bandwidth of more than 6.25 kHz, the 

equipment must be capable of 

supporting a minimum data rate of 4800 

bits per second per 6.25 kHz of channel 

bandwidth. 

* * * * * 

[FR Doc. E7–7252 Filed 4–17–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 070404078–7078–01; I.D. 

082806B] 

RIN 0648–AV52 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to groundfish management measures; 

request for comments. 

SUMMARY: This final rule takes two 

actions: It establishes the 2007 harvest 

specifications for Pacific whiting 

(whiting) in the U.S. exclusive 

economic zone (EEZ) and state waters 

off the coasts of Washington, Oregon, 

and California; and, it announces 

inseason changes to management 

measures in the commercial and 

recreational Pacific Coast groundfish 

fisheries. These actions are authorized 

by the Pacific Coast Groundfish Fishery 

Management Plan (FMP). The 2007 

whiting harvest specifications include 

the level of the acceptable biological 

catch (ABC), optimum yield (OY), tribal 

allocation, and allocations for the nontribal commercial whiting sectors, and 

are intended to establish allowable 

harvest levels of whiting based on the 

best available scientific information. 

The inseason changes to fishery 

management measures are intended to 

allow fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted species, and to 

reduce possible confusion to the public 

over differing state and Federal 

regulations. 

DATES: Effective April 17, 2007. 

Comments on this rule must be received 

no later than 5 p.m., local time on May 

18, 2007. 

ADDRESSES: You may submit comments, 

identified by I.D. 082806B by any of the 

following methods: 

∑ E-mail: 

WhitingABCOYInseason1.nwr@

noaa.gov. Include I.D. 082806B in the 

subject line of the message. 

∑ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

∑ Fax: 206–526–6736, Attn: Gretchen 

Arentzen 

∑ Mail: D. Robert Lohn, 

Administrator, Northwest Region, 

NMFS, 7600 Sand Point Way NE, 

Seattle, WA 98115–0070, Attn: Gretchen 

Arentzen. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Arentzen (Northwest Region, 

NMFS), phone: 206–526–6147, fax: 206–

526–6736 and e-mail 

gretchen.arentzen@noaa.gov; or Becky 

Renko (Northwest Region, NMFS), 

phone: 206–526–6110 fax: 206–526–

6736 and e-mail becky.renko@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http:// 

www.gpoaccess.gov/fr/index.html. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s (Council’s) Web 

site at http://www.pcouncil.org/. 

Background 

The Pacific Coast Groundfish FMP 

and its implementing regulations at title 

50 in the Code of Federal Regulations 

(CFR), part 660, subpart G, regulate 

fishing for over 90 species of groundfish 

off the coasts of Washington, Oregon, 

and California. Groundfish 

specifications and management 

measures are developed by the Council, 

and are implemented by NMFS. A 

proposed rulemaking to implement the 

2007–2008 specifications and 

management measures for the Pacific 

Coast groundfish fishery and 

Amendment 16–4 of the FMP was 

published on September 29, 2006 (71 FR 

57764). The final rule to implement the 

2007–2008 specifications and 

management measures for the Pacific 

Coast Groundfish Fishery was published 

on December 29, 2006 (71 FR 78638). 

These specifications and management 

measures were codified in the CFR (50 

CFR part 660, subpart G). The final rule 

was subsequently amended on March 

20, 2007 via a correcting amendment (71 

FR 13043). 

Changes to current groundfish 

management measures implemented by 

this action were recommended by the 

Council, in consultation with Pacific 

Coast Treaty Indian Tribes and the 

States of Washington, Oregon, and 

California, at its March 5–9, 2007, 

meeting in Sacramento, California. The 

Council recommended changes to 

current regulations pertaining to two 

separate actions: (1) Setting the final 

2007 ABC and OY values for the Pacific 

coast whiting fishery and the 2007 tribal 


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