Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 43557 

4See Incentive Auction R&O, 29 FCC Rcd at 6819, 

para. 617. 5The deadline for full power and Class A stations 

to transition to their new channels is July 13, 2020. 6 47 U.S.C. 1452(j)(2)(C)(i). 

7 Id. sec. 1452(j)(3)(B). 8 Id. sec. 1452(j)(2)(A)(iv). 

adoption of an Order, the date by which 

these entities must file their Eligibility 

Certification, when allocations to these 

entities will be made, the deadline by 

which these entities must file any 

remaining requests for reimbursement, 

and the final date when reimbursement 

funds will be issued. 

4. The Commission indicated in the 

Incentive Auction R&O that the Media 

Bureau will announce the date by which 

full power, Class A, and MVPD entities 

must submit their final expense 

documentation to the Commission.4 At 

the time of that delegation, the 

Spectrum Act imposed a deadline for 

the Commission to make all required 

reimbursements to full power, Class A, 

and MVPD entities of April 13, 2020.5

The Reimbursement Expansion Act 

permits the Commission to extend the 

deadline for reimbursements to full 

power, Class A, and MVPD entities, 

from the funds appropriated for this 

purpose by the Reimbursement 

Expansion Act, beyond April 13, 2020,6

but no later than July 3, 2023, as long 

as the certification requirements set 

forth in the Reimbursement Expansion 

Act are met.7 The Incentive Auction 

R&O stated that the Media Bureau may 

announce the final date reimbursement 

funds will be issued to full power and 

Class A stations and MVPDs and a 

deadline for the submission of final 

expense documentation, and we clarify 

that the Bureau also is authorized to set 

deadlines for funds appropriated by the 

Reimbursement Expansion Act. 

5. Consumer Education. The 

Reimbursement Expansion Act provides 

that at least $50 million from the funds 

appropriated to the Reimbursement 

Fund will be available to the 

Commission to make ‘‘payments solely 

for the purposes of consumer education 

relating to the reorganization of 

broadcast television spectrum’’ under 47 

U.S.C. 1452(b).8 We interpret this 

provision as providing at least $50 

million for use by the Commission to 

fund its efforts to educate consumers 

about the reorganization of broadcast 

television spectrum under 47 U.S.C. 

1452(b), with any unused funds to be 

returned to the U.S. Treasury. We 

anticipate, among other initiatives, 

hosting a dedicated consumer service 

call center to provide consumers 

technical support and assistance on 

such matters as rescanning and other 

means to resolve potential reception 

issues. We also intend to perform 

targeted outreach to specific 

communities about rescanning, and, 

where appropriate, we may use local 

media or other outreach to disseminate 

rescanning information. Consumer 

education funding could also be used in 

developing additional online resources 

to support consumers. In all our 

activities, we will coordinate closely 

with industry stakeholders to ensure 

that our consumer education efforts are 

complementary to, and not duplicative 

of, industry efforts. In so doing, we will 

guard against unnecessary or wasteful 

spending. We welcome input from 

consumers and industry on other ways 

we can best use the funding to help 

mitigate disruption by consumers 

during the transition period. 

II. Procedural Matters 

A. Final Regulatory Flexibility Act 

Analysis 

6. Because the actions taken in the 

Order do not require notice and 

comment, the Regulatory Flexibility Act 

does not apply. 

III. Ordering Clauses 

7. It is ordered that, pursuant to the 

authority contained in Sections 1, 4, 

5(b), 5(c), 303, and 336(f) of the 

Communications Act of 1934, as 

amended, Section 6403 of the Middle 

Class Tax Relief and Job Creation Act of 

2012, and Section 511, Division E, Title 

V of the Consolidated Appropriations 

Act, 2018, Pub. L. 115–141 (2018), 47 

U.S.C. 151, 154, 155(b), 155(c), 303, 

336(f), 1452, the Order is adopted and 

will become effective on August 27, 

2018. 

8. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order to the Chief Counsel for 

Advocacy of the Small Business 

Administration. 

9. It is further ordered that the 

Commission will send a copy of the 

Order in a report to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

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

Federal Communications Commission. 

Cecilia Sigmund, 

Federal Register Liaison Officer. 

[FR Doc. 2018–17945 Filed 8–24–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XG435 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2018 

Commercial Accountability Measures 

and Closure for Atlantic Migratory 

Group Cobia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

Atlantic migratory group (Atlantic) 

cobia that are sold (commercial) and 

harvested from the exclusive economic 

zone (EEZ) of the Atlantic. NMFS 

projects that commercial landings of 

Atlantic cobia have reached the 

commercial quota. Therefore, NMFS 

closes the commercial sector for 

Atlantic cobia in the EEZ on September 

5, 2018, and it will remain closed until 

the next fishing year that begins on 

January 1, 2019. This closure is 

necessary to protect the Atlantic cobia 

resource. 

DATES: This rule is effective from 12:01 

a.m., local time, September 5, 2018, 

until 12:01 a.m., local time, on January 

1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

includes king mackerel, Spanish 

mackerel, and cobia, and is managed 

under the Fishery Management Plan for 

Coastal Migratory Pelagic Resources in 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Separate migratory groups of cobia 

were established in Amendment 18 to 

the FMP (76 FR 82058, December 29, 

2011), and then revised in Amendment 

20B to the FMP (80 FR 4216, January 27, 

2015). The southern boundary for 

Atlantic cobia occurs at a line that 


amozie on DSK3GDR082PROD with RULES
43558 Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations 

extends due east of the Florida and 

Georgia state border at 30°42′45.6′′ N lat. 

The northern boundary for Atlantic 

migratory is the jurisdictional boundary 

between the Mid-Atlantic and New 

England Fishery Management Councils, 

as specified in 50 CFR 600.105(a). 

Atlantic cobia are unique among 

federally managed species in the 

southeast region, because no 

commercial permit is required to 

harvest and sell them. The distinction 

between commercial and recreational 

sectors is not as clear as other federally 

managed species in the southeast 

region. For example, regulations at 50 

CFR part 622 specify quotas, annual 

catch limits, and AMs for cobia that are 

sold and cobia that are not sold. 

However, for purposes of this temporary 

rule, Atlantic cobia that are sold are 

considered commercially caught, and 

those that are not sold are considered 

recreationally caught. 

The commercial quota for Atlantic 

cobia is 50,000 lb (22,680 kg), round or 

gutted weight, for the 2018 fishing year, 

which runs from January 1 through 

December 31 (50 CFR 622.384(d)(2)). 

The AM for the commercial sector of 

Atlantic cobia, specified at 50 CFR 

622.388(f)(1)(i), requires that NMFS file 

a notification with the Office of the 

Federal Register to prohibit the sale and 

purchase of cobia for the remainder of 

the fishing year if commercial landings 

reach or are projected to reach the 

commercial quota specified in 

§ 622.384(d)(2). The commercial AM is 

triggered for 2018, because NMFS 

projects that commercial landings of 

Atlantic cobia will reach the 

commercial quota on September 5, 

2018. Accordingly, the commercial 

sector for Atlantic cobia is closed in the 

EEZ at 12:01 a.m., local time, on 

September 5, 2018, and remains closed 

until the start of the next fishing year on 

January 1, 2019. 

During the commercial closure, the 

sale and purchase of Atlantic cobia is 

prohibited. The recreational bag and 

possession limits for Atlantic cobia 

apply while the recreational sector is 

open. The prohibition on sale and 

purchase does not apply to Atlantic 

cobia that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, on September 5, 2018, and 

were held in cold storage by a dealer or 

processor. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of 

Atlantic cobia and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.388(f)(1)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action is based on the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds good cause to 

waive the requirements 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 are 

unnecessary because the AM for 

Atlantic cobia has already been subject 

to notice and comment, and all that 

remains is to notify the public of the 

commercial closure for the remainder of 

the 2018 fishing year. Prior notice and 

opportunity for public comment on this 

action is contrary to the public interest, 

because of the need to immediately 

implement the commercial closure to 

protect Atlantic cobia, since the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest that 

exceeds the commercial 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). 

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

Dated: August 22, 2018. 

Margo B. Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–18500 Filed 8–24–18; 8:45 am] 

BILLING CODE 3510–22–P 


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