Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85517 

14To qualify for the Exemption, there must be no 

changes to the Reportable Foreign Interest Holders 

disclosed in the application (including any 

amendment), including but not limited to: no 

change in the reported citizenship(s), including 

dual or multiple citizenships, and/or place(s) of 

organization of any Reportable Foreign Interest 

Holder; no removal of any Reportable Foreign 

Interest Holder from an Authorization Holder’s 

chain of ownership; and no change in a Reportable 

Foreign Interest Holder’s ownership interests to less 

than 10% equity and/or voting interests or less than 

a controlling interest. See Evolving Risks Order and 

NPRM at *10–11, paras. 18–20 & nn.72–74, 78–80. 

specific equity and voting interests, and 

description of controlling interests, of 

their Reportable Foreign Interest 

Holders. Instead, Authorization Holders 

that qualify for the Exemption will be 

required to identify, on an aggregated 

basis, all of the citizenship(s) or place(s) 

of organization of their Reportable 

Foreign Interest Holders. Specifically, to 

qualify for the Exemption: 

(1) The Authorization Holder must 

have filed an application for an initial 

International Section 214 Authorization, 

modification, or substantial (not a pro 

forma filing) assignment or transfer of 

control of the authorization that was 

reviewed by the Executive Branch 

agencies and was granted by the 

Commission on or after [date 3 years 

before date of filing deadline, 2020]; and 

(2) There are no Reportable Foreign 

Interest Holders of the Authorization 

Holder other than those disclosed in the 

application (including any amendment), 

and there are no changes to the 

Reportable Foreign Interest Holders 

disclosed in the application (including 

any amendment) as of [date 30 days 

prior to filing deadline, 2023].14

10. To qualify for the Exemption, 

Authorization Holders will also need to 

supply the File Number of the 

application that fulfills all of these 

requirements. 

III. Procedural Issues 

11. Regulatory Flexibility Act. The 

Regulatory Flexibility Act of 1980, as 

amended (RFA), requires that an agency 

prepare a regulatory flexibility analysis 

for notice and comment rulemakings, 

unless the agency certifies that ‘‘the rule 

will not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities.’’ 

Because the Order does not adopt a rule 

and therefore does not require notice 

and comment, no Final Regulatory 

Flexibility Analysis is required. 

12. Final Paperwork Reduction Act 

Analysis. This document contains new 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. On 

June 6, 2023, OMB approved, for a 

period until December 31, 2023, the 

information collection requirements in 

this document. On November 1, 2023, 

OMB approved an emergency extension 

of this information collection, for a 

period until June 30, 2024. In addition, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4), 

the Commission considers how it might 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

In the Order, the Commission has 

assessed the effects of requiring 

international section 214 authorization 

holders to identify reportable foreign 

ownership and to certify as to the 

accuracy of the information provided 

and find that they would have 

information about their ownership 

available in the ordinary course of 

business, for instance, for purposes of 

compliance with the Commission’s 

rules. Further, although the Commission 

does not have an estimated number of 

authorization holders that will need to 

obtain an FRN number or to file a 

surrender letter, the burdens are also 

low. For instance, obtaining an FRN for 

this purpose entails only a minimal 

burden. Therefore, the Commission 

anticipates that the new collection will 

not be unduly burdensome. 

13. People with Disabilities. To 

request materials in accessible formats 

for people with disabilities (braille, 

large print, electronic files, audio 

format), send an email to fcc504@fcc.gov 

or call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (TTY). 

IV. Ordering Clauses 

14. Accordingly, it is ordered that, 

pursuant to sections 4(i), 214, 218, 219, 

and 403 of the Communications Act of 

1934, as amended, 47 U.S.C. 4(i), 214, 

218, 219, and 403, this Order is hereby 

adopted. 

15. It is further ordered that this Order 

shall be effective after the Office of 

Management and Budget completes 

review of any information collection 

requirements that the Office of 

International Affairs determines are 

required under the Paperwork 

Reduction Act. 

16. It is further ordered that the Office 

of International Affairs shall conduct 

the information collection required by 

the Order, including the creation of any 

information collection forms or other 

instrument, and shall publish notice of 

the effective date of the information 

collection required by the Order and the 

filing deadline in the Federal Register. 

The filing deadline shall be no fewer 

than 30 days following the effective date 

of the Order. The Office of International 

Affairs shall announce the effective date 

and the filing deadline for the 

requirements in this Order by 

subsequent Public Notice. 

17. It is further ordered, pursuant to 

sections 4(i), 214, 218, 219, and 403 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 4(i), 214, 218, 219, 

and 403, and §§ 0.19, 0.204, and 0.351 

of the Commission’s rules, 47 CFR 0.19, 

0.204, 0.351, that the Exemption from 

responding to certain portions of the 

One-Time Information Collection, as 

described herein, is adopted. 

Federal Communications Commission 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2023–26981 Filed 12–7–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD474] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category 

December Fishery for 2023 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for large medium and 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) Atlantic 

bluefin tuna (BFT) for the remainder of 

the December time period. This action 

applies to Atlantic Tunas General 

category (commercial) permitted vessels 

and highly migratory species (HMS) 

Charter/Headboat permitted vessels 

with a commercial sale endorsement 

when fishing commercially for BFT. 

Fishermen aboard General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels may tag and 

release BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs. On 

January 1, 2024, the fishery will reopen 

automatically. 

DATES: Effective 11:30 p.m., local time, 

December 6, 2023, through December 

31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Becky Curtis, becky.curtis@noaa.gov, 

301–427–8503; or Larry Redd, Jr., 

larry.redd@noaa.gov, 301–427–8503. 


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85518 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the 2006 

Consolidated HMS Fishery Management 

Plan (FMP) and its amendments, 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act; 16 U.S.C. 

1801 et seq.) and consistent with the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.). HMS 

implementing regulations are at 50 CFR 

part 635. Section 635.27 divides the 

U.S. BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The current baseline quota for the 

General category is 710.7 mt. The 

General category baseline quota is 

suballocated to different time periods. 

Relevant to this action, the baseline 

subquota for the December time period 

is 37 mt. To date for 2023, NMFS 

published two actions that adjusted the 

General category December 2023 time 

period quota, most recently to 48.7 mt 

(88 FR 786, January 5, 2023; 88 FR 

77903, November 14, 2023). 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

notice for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

Closure of the December 2023 General 

Category Fishery 

To date, reported landings for the 

General category December time period 

total 38.6 mt. Based on these landings, 

NMFS has determined that the adjusted 

December time period subquota of 48.7 

mt is projected to be reached and 

exceeded shortly. Therefore, retaining, 

possessing, or landing large medium or 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) BFT by 

persons aboard vessels permitted in the 

Atlantic Tunas General category and 

HMS Charter/Headboat permitted 

vessels (while fishing commercially) 

must cease at 11:30 p.m. local time on 

December 6, 2023. This action applies to 

Atlantic Tunas General category 

(commercial) permitted vessels and 

HMS Charter/Headboat permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT and is taken 

consistent with the regulations at 

§ 635.28(a)(1). The General category will 

automatically reopen January 1, 2024, 

for the January through March 2024 

time period with a retention limit of one 

large medium or giant BFT per vessel 

per day/trip. 

Fishermen aboard General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels may tag and 

release BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. All BFT that are released must 

be handled in a manner that will 

maximize their survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fisheries closely. Dealers are 

required to submit landing reports 

within 24 hours of a dealer receiving 

BFT. Late reporting by dealers 

compromises NMFS’ ability to timely 

implement actions such as quota and 

retention limit adjustments, as well as 

closures, and may result in enforcement 

actions. Additionally, and separate from 

the dealer reporting requirement, 

General and HMS Charter/Headboat 

category vessel owners are required to 

report the catch of all BFT retained or 

discarded dead within 24 hours of the 

landing(s) or end of each trip, by 

accessing https://

www.hmspermits.noaa.gov, using the 

HMS Catch Reporting app, or calling 

888–872–8862 (Monday through Friday 

from 8 a.m. until 4:30 p.m.). 

After the fishery reopens on January 

1, depending on the level of fishing 

effort and catch rates of BFT, NMFS 

may determine that additional 

adjustments are necessary to ensure 

available subquotas are not exceeded or 

to enhance scientific data collection 

from, and fishing opportunities in, all 

geographic areas. If needed, subsequent 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may access https://www.hmspermits.

noaa.gov, for updates on quota 

monitoring and inseason adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 553(b)(B), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to the public 

interest for the following reasons. 

Specifically, the regulations 

implementing the 2006 Consolidated 

HMS FMP and amendments provide for 

inseason retention limit adjustments 

and fishery closures to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. Providing 

for prior notice and an opportunity to 

comment is impracticable and contrary 

to the public interest as this fishery is 

currently underway and, based on 

landings information, the available time 

period subquota is projected to be 

reached shortly. Delaying this action 

could result in BFT landings exceeding 

the adjusted December time period 

subquota. Taking this action does not 

raise conservation or management 

concerns. NMFS notes that the public 

had an opportunity to comment on the 

underlying rulemakings that established 

the U.S. BFT quota and the inseason 

adjustment criteria. 

For all of the above reasons, the AA 

also finds that pursuant to 5 U.S.C. 

553(d), there is good cause to waive the 

30-day delay in effective date. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: December 4, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–26933 Filed 12–5–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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