5048 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 

§ 402.5 New Business Incentive Program. 

* * * * * 

(c) A commodity/origin/destination 

combination that qualifies as New 

Business on or before the 30th day of 

September in any navigation season 

continues to qualify as New Business in 

the two consecutive navigation seasons 

immediately following the then current 

navigation season. 

* * * * * 

■ 3. In § 402.7, redesignate current 

paragraphs (a)(3) and (4) as paragraphs 

(a)(4) and (5), respectively, and add a 

new paragraph (a)(3) to read as follows: 

§ 402.7 Service Incentive Program. 

(a) * * * 

(3) The service must not be limited to 

the movement of one specific 

commodity; 

* * * * * 

■ 4. Revise § 402.11 to read as follows: 

§ 402.11 Schedule of tolls. 

Column 1 

Item description of charges 

Column 2 

Rate ($) Montreal to or 

from Lake Ontario 

(5 locks) 

Column 3 

Rate ($) Welland Canal— 

Lake Ontario to or from 

Lake Erie 

(8 locks) 

1. Subject to item 3, for complete transit of the Seaway, a composite toll, comprising: 

(1) a charge per gross registered ton of the ship, applicable whether the ship is 

wholly or partially laden, or is in ballast, and the gross registered tonnage being 

calculated according to prescribed rules for measurement or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from 

time to time 1.

0.1040 .............................. 0.1665. 

(2) a charge per metric ton of cargo as certified on the ship’s manifest or other 

document, as follows: 

(a) bulk cargo ....................................................................................................... 1.0781 .............................. 0.7359. 

(b) general cargo .................................................................................................. 2.5978 .............................. 1.1777. 

(c) steel slab ......................................................................................................... 2.3511 .............................. 0.8431. 

(d) containerized cargo ......................................................................................... 1.0781 .............................. 0.7359. 

(e) government aid cargo ..................................................................................... n/a .................................... n/a. 

(f) grain ................................................................................................................. 0.6624 .............................. 0.7359. 

(g) coal .................................................................................................................. 0.6624 .............................. 0.7359. 

(3) a charge per passenger per lock ........................................................................... 1.6153 .............................. 1.6153. 

(4) a lockage charge per Gross Registered Ton of the vessel, as defined in item 

1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for 

transit of the Welland Canal in either direction by cargo ships, 

n/a .................................... 0.2772. 

Up to a maximum charge per vessel ................................................................... n/a .................................... 3,877.00. 

2. Subject to item 3, for partial transit of the Seaway ..................................................... 20 per cent per lock of 

the applicable charge 

under items 1(1), 1(2) 

and 1(4) plus the applicable charge under 

items 1(3).

13 per cent per lock of 

the applicable charge 

under items 1(1), 1(2) 

and 1(4) plus the applicable charge under 

items 1(3). 

3. Minimum charge per vessel per lock transited for full or partial transit of the Seaway.26.92 ................................ 26.92. 

4. A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 2.30.00 3 .............................. 30.00. 

5. Under the New Business Initiative Program, for cargo accepted as New Business, a 

percentage rebate on the applicable cargo charges for the approved period.

20% .................................. 20%. 

6. Under the Volume Rebate Incentive program, a retroactive percentage rebate on 

cargo tolls on the incremental volume calculated based on the pre-approved maximum volume.

10% .................................. 10%. 

7. Under the New Service Incentive Program, for New Business cargo moving under 

an approved new service, an additional percentage refund on applicable cargo tolls 

above the New Business rebate.

20% .................................. 20%. 

1Or under the US GRT for vessels prescribed prior to 2002. 

2The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or 

$30 Canadian per lock. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)). 3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via paypal. 

Issued at Washington, DC, on January 26, 

2015. 

Saint Lawrence Seaway Development 

Corporation. 

Carrie Lavigne, 

Chief Counsel. 

[FR Doc. 2015–01725 Filed 1–29–15; 8:45 am] 

BILLING CODE 4910–61–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[DA 14–1892] 

Open Video System 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Office 

of the Managing Director (OMD) makes 

nonsubstantive, editorial revisions to 

correct outdated cross-references in the 

Federal Communications Commission’s 

Open Video System (OVS) rules. 

DATES: Effective March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Diana Sokolow, 

Diana.Sokolow@fcc.gov, of the Policy 

Division, Media Bureau, (202) 418– 

2120. 


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Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 5049 

1 47 CFR 76.1506(g). 

2See Open Video Systems, 61 FR 28698 (June 5, 

1996). 

3See 1998 Biennial Regulatory Review— 

Streamlining of Cable Television Services, part 76 

Public File and Notice Requirements, Report and 

Order, 14 FCC Rcd 4653 (1999) (1998 Biennial 

Review Order). Appendix D of the 1998 Biennial 

Review Order contains a list of the new regulations 

and the sections from which the new regulations 

were moved. 

4See 5 U.S.C. 553(b)(3)(B). 

5 47 CFR 0.231(b). 

6See 47 CFR 76.1601. 

7 In 1999, the Commission decided that the 

references to the 1993 notification requirements 

contained in § 76.58 were outdated and, thus, 

replaced those references with more general 

language, a 60 day notification requirement, when 

it moved the contents of § 76.58(b), (d) and (e) into 

new § 76.1617. See 47 CFR 76.1617; 1998 Biennial 

Review Order, 14 FCC Rcd at Appendix C. The 1998 

Biennial Review Order contained a discussion of the 

replacement of the 1993 dates with the new 60-day 

notification requirements, and while the text 

referenced these requirements as appearing in new 

§ 76.1619, an erratum indicated that they actually 

appear in § 76.1617. 1998 Biennial Review Order, 14 

FCC Rcd at 4667, paras. 28–29; Erratum, 1999 WL 

163015, at Appendix C (Mar. 26, 1999). 

8See 47 CFR 76.1607 and 76.1708(a). 

9See Note 1 to § 76.1601. 

10See 47 CFR 0.231(b). In addition, we note that 

the Communications Act of 1934, as amended (Act), 

directs the Commission to apply to OVS operators 

certain provisions that apply to cable operators. See 

47 U.S.C. 573(c). 

11See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 

et seq., has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Pub. L. 104–121, Title II, 110 Stat. 857 

(1996). The SBREFA was enacted as Title II of the 

Contract with America Advancement Act of 1996 

(CWAAA). 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Office of the Managing 

Director’s Order, DA 14–1892, adopted 

and released on December 23, 2014. The 

full text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. This document 

will also be available via ECFS at 

http://fjallfoss.fcc.gov/ecfs/. Documents 

will be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

The complete text may be purchased 

from the Commission’s copy contractor, 

445 12th Street SW., Room CY–B402, 

Washington, DC 20554. Alternative 

formats are available for people with 

disabilities (Braille, large print, 

electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document does not contain new 

or modified information collection(s) 

subject to the Paperwork Reduction Act 

of 1995, 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). The Commission will 

file a nonsubstantive modification to the 

information collection that contains 

§§ 76.1601, 76.1607, 76.1617, and 

76.1708 (OMB 3060–0649). 

Synopsis 

I. Discussion 

1. By this Order, the Office of the 

Managing Director (OMD) makes 

nonsubstantive, editorial revisions to 

correct outdated cross-references in the 

Federal Communications Commission’s 

open video system (OVS) rules. These 

nonsubstantive revisions are part of the 

Commission’s ongoing examination and 

improvement of its processes and 

procedures. Specifically, § 76.1506(g) of 

the Commission’s rules applies to OVS 

operators the cable operator notification 

requirements contained in § 76.58.1

While § 76.58 contained those 

notification requirements when 

§ 76.1506(g) was adopted,2 in 1999 the 

Commission deleted § 76.58 and moved 

its contents to new sections of the Code 

of Federal Regulations (CFR) with the 

minor modifications discussed below.3

Accordingly, in this Order we correct 

the outdated cross-references in 

§ 76.1506(g). 

2. These revisions update references 

to obsolete rule sections. Accordingly, 

we find good cause to conclude that 

notice and comment procedures are 

unnecessary and would not serve any 

useful purpose.4 The Commission’s 

rules provide its Managing Director, or 

his or her designee, with ‘‘delegated 

authority to make nonsubstantive, 

editorial revisions of the Commission’s 

rules and regulations upon approval of 

the bureau or staff office primarily 

responsible for the particular part or 

section involved.’’ 5 Updating the crossreferences in § 76.1506(g) is a 

nonsubstantive change, and the Media 

Bureau has approved the corrections 

made herein. 

3. Upon the deletion of § 76.58 of the 

Commission’s rules in 1999, the 

Commission moved the contents of 

§ 76.58(a) to § 76.1601.6 The 

Commission also moved the contents of 

§ 76.58(b), (d) and (e) to § 76.1617.7

Further, the Commission moved the 

contents of § 76.58(c) to § 76.1607 and 

part of § 76.1708(a).8 Additionally, the 

Commission moved the note to § 76.58 

to § 76.1601.9 However, § 76.1506(g) 

continues to cross-reference deleted 

§ 76.58. 

4. We revise § 76.1506(g) of the 

Commission’s rules to eliminate crossreferences to deleted § 76.58 and replace 

those references with the updated cable 

rule sections. We need not revise FCC 

Form 1275, Certification for Open Video 

Systems, because that form does not 

mention deleted § 76.58. In addition, to 

make § 76.1506(g) easier to read now 

that it will cross-reference multiple rule 

sections instead of a single rule section, 

we make editorial revisions by merging 

the three former sentences into a single 

sentence. Section 76.1506(g) will now 

read, ‘‘Any provision of §§ 76.1601, 

76.1607, 76.1617, or 76.1708(a) (second 

sentence) that refers to a ‘cable 

operator,’ ‘cable system,’ or ‘principal 

headend’ shall apply, respectively, to an 

open video system operator, to an open 

video system, or to the equivalent of the 

principal headend for an open video 

system.’’ The corrections discussed 

herein are nonsubstantive, editorial 

revisions that the Media Bureau has 

approved, and OMD thus has authority 

to implement them pursuant to 

§ 0.231(b).10

II. Procedural Matters 

A. Regulatory Flexibility Act 

5. Because we adopt this Order 

without notice and comment, the 

Regulatory Flexibility Act (RFA) does 

not apply.11

B. Final Paperwork Reduction Act of 

1995 Analysis 

6. The Order does not contain 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). The Commission will file a 

nonsubstantive modification to the 

information collection that contains 

§§ 76.1601, 76.1607, 76.1617, and 

76.1708 (OMB 3060–0649). 

C. Congressional Review Act 

7. The Commission will send a copy 

of the Order in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

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

801(a)(1)(A). 


rljohnson on DSK4SPTVN1PROD with RULES
5050 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 

D. Additional Information 

8. For additional information on this 

proceeding, contact Diana Sokolow, 

Diana.Sokolow@fcc.gov, of the Policy 

Division, Media Bureau, (202) 418– 

2120. 

III. Ordering Clauses 

9. Accordingly, it is ordered that, 

pursuant to the authority found in 

sections 4(i), 4(j), 303(r), and 653 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 154(j), 

303(r), and 573, and § 0.231(b) of the 

Commission’s rules, 47 CFR 0.231(b), 

this Order is adopted, effective thirty 

(30) days after the date of publication in 

the Federal Register. 

10. It is ordered that, pursuant to the 

authority found in sections 4(i), 4(j), 

303(r), and 653 of the Communications 

Act of 1934, as amended, 47 U.S.C. 

154(i), 154(j), 303(r), and 573, and 

§ 0.231(b) of the Commission’s rules, 47 

CFR 0.231(b), the Commission’s rules 

are hereby amended as set forth in the 

Final Rules below. 

11. 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. 

12. It is further ordered that the 

Commission shall send a copy of this 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

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

List of Subjects in 47 CFR Part 76 

Administrative practice and 

procedure, Cable television, Equal 

employment opportunity, Political 

candidates, Reporting and 

recordkeeping requirements. 

Federal Communications Commission. 

Jon Wilkins, 

Managing Director. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 76 as 

follows: 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 1. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 302a, 303, 303a, 307, 308, 309, 312, 

315, 317, 325, 339, 340, 341, 503, 521, 522, 

531, 532, 534, 535, 536, 537, 543, 544, 544a, 

545, 548, 549, 552, 554, 556, 558, 560, 561, 

571, 572, 573. 

■ 2. Amend § 76.1506 by revising 

paragraph (g) to read as follows: 

§ 76.1506 Carriage of television broadcast 

signals. 

* * * * * 

(g) Notification. Any provision of 

§§ 76.1601, 76.1607, 76.1617, or 

76.1708(a) (second sentence) that refers 

to a ‘‘cable operator,’’ ‘‘cable system,’’ or 

‘‘principal headend’’ shall apply, 

respectively, to an open video system 

operator, to an open video system, or to 

the equivalent of the principal headend 

for an open video system. 

* * * * * 

[FR Doc. 2015–01594 Filed 1–29–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD744 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Atka mackerel in the Eastern 

Aleutian district and the Bering Sea 

subarea (BSEAI) of the Bering Sea and 

Aleutian Island management area 

(BSAI) by vessels participating in the 

BSAI trawl limited access fishery. This 

action is necessary to prevent exceeding 

the A season allowance of the 2015 Atka 

mackerel total allowable catch (TAC) in 

the BSEAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 27, 2015, through 

1200 hrs, A.l.t., June 10, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season allowance of the 2015 

Atka mackerel TAC, in the BSEAI, 

allocated to vessels participating in the 

BSAI trawl limited access fishery was 

established as a directed fishing 

allowance of 1,150 metric tons by the 

final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014), and 

as adjusted by an inseason adjustment 

(80 FR 188, January 5, 2015). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS, finds that this directed fishing 

allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Atka mackerel in the 

BSEAI by vessels participating in the 

BSAI trawl limited access fishery. 

After the effective dates of this 

closure, the maximum retainable 

amounts at § 679.20(e) and (f) apply at 

any time during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement 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 a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of the 

Atka mackerel fishery in the BSEAI for 

vessels participating in the BSAI trawl 

limited access fishery. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of January 26, 2015. The AA 

also finds good cause to waive the 30- 

day delay in the effective date of this 

action under 5 U.S.C. 553(d)(3). This 

finding is based upon the reasons 

provided above for waiver of prior 

notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

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


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