Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Proposed Rules 3937 

released January 9, 2015. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed 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). 

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 

and 339. 

■ 2. In § 73.202, the Table of FM 

Allotments in paragraph (b), under NEW 

YORK, is amended by adding an entry 

for Shelter Island, Channel 277A in 

alphabetical order to read as follows: 

§ 73.202 Table of Allotments. 

* * * * * 

(b) Table of FM Allotments. 

Channel No. 

*****

NEW YORK.

*****

Shelter Island ........................ 277A 

*****

[FR Doc. 2015–01194 Filed 1–23–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140903744–5015–01] 

RIN 0648–BE46 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Shrimp 

Fishery of the Gulf of Mexico; 

Amendment 16 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 16 to the 

Fishery Management Plan for the 

Shrimp Fishery of the Gulf of Mexico 

(FMP), as prepared and submitted by 

the Gulf of Mexico (Gulf) Fishery 

Management Council (Council). If 

implemented, this proposed rule would 

revise the annual catch limit (ACL) for 

royal red shrimp, remove the royal red 

shrimp quota, and revise the 

accountability measures (AMs) for royal 

red shrimp to remove an inconsistency 

in the regulations. The intent of this rule 

is to prevent overfishing of the royal red 

shrimp resource while helping to 

achieve optimum yield and reconcile 

conflicting Federal regulations. 

DATES: Written comments must be 

received on or before February 25, 2015. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2014–0030’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0030, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Susan Gerhart, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of Amendment 16, 

which includes an environmental 

impact statement, a Regulatory 

Flexibility Act analysis, and a regulatory 

impact review, may be obtained from 

the Southeast Regional Office Web site 

at http://sero.nmfs.noaa.gov/

sustainable_fisheries/gulf_fisheries/

shrimp/2014/am16/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, or email: Susan.Gerhart@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

shrimp fishery in the Gulf is managed 

under the FMP. The FMP was prepared 

by the Council and implemented 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

Background 

The FMP was established in 1981, 

and the maximum sustainable yield for 

royal red shrimp was estimated at 

392,000 lb (177.9 mt), tail weight, 

annually and specified as a fixed annual 

quota (46 FR 27489, May 20, 1981). This 

quota has remained in effect since that 

time. The Federal shrimp permit for the 

commercial harvest of penaeid shrimp 

in the Gulf exclusive economic zone 

(EEZ) has been placed under a 

moratorium since 2007 (71 FR 56039, 

September 26, 2006). The Gulf royal red 

shrimp endorsement is an endorsement 

to the Gulf Federal shrimp permit that 

allows Gulf shrimp permit holders to 


tkelley on DSK3SPTVN1PROD with PROPOSALS
3938 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Proposed Rules 

commercially harvest royal red shrimp 

in the Gulf EEZ. On January 30, 2012, 

NMFS implemented regulations 

developed through the Generic ACL 

Amendment to multiple fishery 

management plans, including the 

Shrimp FMP (December 29, 2011, 76 FR 

82044). That amendment included 

actions to establish the commercial ACL 

and AM for royal red shrimp. However, 

the ‘‘no action’’ alternatives and 

discussions in the Generic ACL 

Amendment incorrectly stated that there 

were currently no catch limits or AMs 

for royal red shrimp, even though a 

quota and in-season quota closure were 

in the regulations. As a consequence, 

through the Generic ACL Amendment, 

both a royal red shrimp ACL and AM 

were added to the regulations, but the 

existing quota and in-season quota 

closure provision were not removed. On 

March 11, 2014, NMFS published a 

notice of intent to prepare a 

supplemental environmental impact 

statement for Amendment 16 and 

requested public comment (79 FR 

13623). 

Federal regulations currently include 

a royal red shrimp ACL of 334,000 lb 

(151,000 kg), tail weight, and a quota of 

392,000 lb (177.8 mt), tail weight. This 

rule would remove the royal red shrimp 

quota and update the ACL to 337,000 lb 

(152,861 kg), tail weight, which is equal 

to the acceptable biological catch as 

recommended by the Council’s 

Scientific and Statistical Committee at 

its March 2014 meeting. 

Federal regulations currently include 

a royal red shrimp in-season closure if 

the quota is met or projected to be met, 

based on in-season monitoring (which 

functions as an AM), and include an 

AM that implements in-season 

monitoring and an ACL closure in the 

year following any ACL overage. The 

presence of two AMs in the regulations 

presents an inconsistency in the 

management of royal red shrimp. This 

rule would remove the in-season quota 

closure associated with the royal red 

shrimp quota and retain the AM 

associated with the ACL. 

Gulf royal red shrimp commercial 

landings have not exceeded the 

proposed ACL of 337,000 lb (152,861 

kg), tail weight, in the past 50 years. 

There has been a decline in the pounds 

of royal red shrimp landed over the past 

10 years, and the number of vessels 

actively targeting royal red shrimp 

during that time has been less than 20 

vessels, with fewer than 10 vessels 

landing royal red shrimp in most years. 

Therefore, there are likely to be no 

impacts on the Gulf shrimp fishery or 

the royal red shrimp stock resulting 

from this rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Amendment 16, the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. 

This proposed rule has been 

determined to be not significant for 

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 (SBA) 

that this rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this determination 

is as follows: 

A description of this proposed rule, 

why it is being considered, and the 

objectives of this proposed rule are 

contained in the preamble and in the 

SUMMARY section of the preamble. The 

Magnuson-Stevens Act provides the 

basis for this proposed rule. 

This proposed rule is expected to 

directly affect commercial fishermen 

holding valid or renewable Federal Gulf 

shrimp permits with accompanying 

royal red shrimp endorsements. The 

SBA established size criteria for all 

major industry sectors in the U.S. 

including fish harvesters and for-hire 

operations. A business involved in 

shellfish harvesting is classified as a 

small business if it is independently 

owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and its combined annual 

receipts are not in excess of $5.5 million 

(NAICS code 114112, shellfish fishing) 

for all of its affiliated operations 

worldwide. 

The Federal shrimp permit for the 

commercial harvest of penaeid shrimp 

in the Gulf exclusive economic zone 

(EEZ) has been placed under a 

moratorium since 2007 (71 FR 56039, 

September 26, 2006). At the start of the 

moratorium, 1,933 vessels qualified for 

and received the shrimp permits. Over 

time, the number of permitted shrimp 

vessels has declined, and in 2013 there 

were 1,546 such permitted vessels. The 

Gulf royal red shrimp endorsement is an 

endorsement to the Gulf Federal shrimp 

permit that allows Gulf shrimp permit 

holders to commercially harvest royal 

red shrimp in the Gulf EEZ. From 2008 

through 2013, the total number of Gulf 

royal red shrimp endorsements averaged 

344 annually, and as of November 26, 

2014, there were 288 such endorsements 

in issuance. 

From 2008 through 2013, the number 

of vessels with Gulf royal red shrimp 

endorsements that actually landed royal 

red shrimp ranged from four to nine and 

averaged six annually, which is 

significantly less than the number of 

vessels issued endorsements for those 

years. On average, during those years, a 

vessel with a Gulf royal red shrimp 

endorsement annually landed 29,688 lb 

(13,466 kg), tail weight, of royal red 

shrimp and 101,430 lb (46,008 kg), tail 

weight, of other shrimp species valued 

at $170,073 and $428,079, respectively. 

For the time period, the average vessel 

generated revenues of $598,152 from all 

shrimp species. For the period of 2008 

through 2013, royal red shrimp 

accounted for about 17.0 percent to 35.9 

percent of all shrimp landings and about 

18.7 percent to 44.7 percent of revenues 

from all shrimp species landed by 

vessels with royal red shrimp 

endorsements. All landings are heads 

off (tail weight) and all dollar values are 

in 2011 dollars. 

Based on the revenue figures above, 

all vessels expected to be directly 

affected by this proposed rule are 

determined for the purpose of this 

analysis to be small business entities. 

Since the recording of Gulf royal red 

shrimp landings started in 1962, the 

proposed ACL of 337,000 lb (152,861 

kg), tail weight, has never been 

exceeded. In more recent years (2008– 

2013), royal red shrimp landings 

averaged about 168,000 lb (76,204 kg), 

tail weight, annually. Based on 

historical and current harvest 

conditions, it is unlikely that the 

proposed ACL would be reached or 

exceeded. As a consequence, the AM for 

royal red shrimp would also unlikely be 

triggered. This rule removes an 

inconsistency by eliminating the royal 

red shrimp quota and maintaining the 

ACL for triggering the AM, and would 

have no effects on the profits of affected 

shrimp vessels. Therefore, it is expected 

that the measures contained in this 

proposed rule would have no effects on 

the profits of any affected shrimp 

vessels. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. In addition, no new 

reporting, record-keeping, or other 

compliance requirements are introduced 

by this proposed rule. Accordingly, this 

rule does not implicate the Paperwork 

Reduction Act. 

The information provided above 

supports a determination that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. Because this rule, if 

implemented, is not expected to have a 

significant economic impact on any 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Proposed Rules 3939 

small entities, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

List of Subjects in 50 CFR Part 622 

Accountability measures, Annual 

catch limit, Fisheries, Fishing, Gulf of 

Mexico, Royal Red Shrimp, Shrimp. 

Dated: January 20, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

§ 622.57 [Amended] 

■ 2. Section 622.57 is removed and 

reserved. 

■ 3. In § 622.58, paragraph (a)(1) is 

revised to read as follows: 

§ 622.58 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

(a) * * * 

(1) Commercial sector. If commercial 

landings, as estimated by the SRD, 

exceed the commercial ACL, then 

during the following fishing year, if 

commercial landings reach or are 

projected to reach the commercial ACL, 

the AA will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of that fishing year. When the 

commercial sector is closed, royal red 

shrimp in or from the Gulf EEZ may not 

be retained, and the sale or purchase of 

royal red shrimp taken from the Gulf 

EEZ is prohibited. This prohibition on 

sale or purchase during a closure for 

royal red shrimp does not apply to royal 

red shrimp that were harvested, landed 

ashore, and sold prior to the effective 

date of the closure and were held in 

cold storage by a dealer or processor. 

The commercial ACL for royal red 

shrimp is 337,000 lb (152,861 kg), tail 

weight. 

* * * * * 

[FR Doc. 2015–01320 Filed 1–23–15; 8:45 am] 

BILLING CODE 3510–22–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS