Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8879 

■ b. In paragraph (d)(3)(ii), remove the 

date ‘‘February 18, 2009’’ and add in its 

place the date ‘‘June 13, 2009’’. 

■ 12. Amend § 73.674 as follows: 

■ a. In paragraphs (b)(3), (c)(1), (d)(5), 

(e)(1) and (e)(2), remove the date 

‘‘February 17, 2009’’ and add in its 

place the date ‘‘June 12, 2009’’ each 

place it appears, and remove the date 

‘‘March 31, 2009’’ and add in its place 

the date ‘‘June 30, 2009’’ each place it 

appears. 

■ b. In paragraphs (d)(6) and (d)(6)(iv), 

remove the date ‘‘November 10, 2008’’ 

and add in its place the date ‘‘March 4, 

2009’’ and remove the date ‘‘February 

17, 2009’’ and add in its place the word 

‘‘transition’’. 

■ c. Revise paragraph (c)(3)(vi)(A), to 

read as follows: 

§ 73.674 Digital television transition 

notices by broadcasters. 

* * * * * 

(c) * * * 

(3) * * * 

(vi) * * * 

(A) The nationwide switch to digital 

television broadcasting will be complete 

on June 12, 2009, but your local 

television stations may switch sooner. 

After the switch, analog-only television 

sets that receive TV programming 

through an antenna will need a 

converter box to continue to receive 

over-the-air TV. Watch your local 

stations to find out when they will turn 

off their analog signal and switch to 

digital-only broadcasting. Analog-only 

TVs should continue to work as before 

to receive low power, Class A or 

translator television stations and with 

cable and satellite TV services, gaming 

consoles, VCRs, DVD players, and 

similar products. 

* * * * * 

■ 13. In § 73.3598, paragraph (b)(3), 

remove the date ‘‘February 17, 2009’’ 

and add in its place the date ‘‘June 12, 

2009’’. 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 14. The authority citation for part 76 

continues to read as follows: 

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

301, 302, 303, 303a, 307, 308, 309, 312, 315, 

317, 325, 336, 339, 503, 521, 522, 531, 532, 

533, 534, 535, 536, 537, 543, 544, 544a, 545, 

548, 549, 552, 554, 556, 558, 560, 561, 571, 

572, 573. 

■ 15. Amend § 76.1630 as follows: 

■ a. In paragraph (a), remove the words 

‘‘April 26, 2008’’ and add in their place 

the date ‘‘April 1, 2009,’’ and remove 

the words ‘‘in March’’ and add in their 

place the words ‘‘on June 30,’’. 

■ b. Revise paragraphs (b)(2)(i) and (ii) 

to read as follows: 

§ 76.1630 MVPD Digital Television 

Transition Notices. 

* * * * * 

(b) * * * 

(2) * * * 

(i) The nationwide switch to digital 

television broadcasting will be complete 

on June 12, 2009, but your local 

television stations may switch sooner. 

After the switch, analog-only television 

sets that receive TV programming 

through an antenna will need a 

converter box to continue to receive 

over-the-air TV. Watch your local 

stations to find out when they will turn 

off their analog signal and switch to 

digital-only broadcasting. Analog-only 

TVs should continue to work as before 

to receive low power, Class A or 

translator television stations and with 

cable and satellite TV services, gaming 

consoles, VCRs, DVD players, and 

similar products. 

(ii) Information about the DTV 

transition is available from your local 

television stations, http://www.DTV.gov, 

1–888–CALL–FCC (TTY 1–888–TELL– 

FCC), or this MVPD at [telephone 

number and Web site if available], and 

from http://www.dtv2009.gov or 1–888– 

DTV–2009 (TTY 1–877–530–2634) for 

information about subsidized coupons 

for digital-to-analog converter boxes; 

* * * * * 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 16. 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), and 332(c)(7). 

§ 90.528 [Amended] 

■ 17. In § 90.528, paragraph (d), remove 

the date ‘‘February 17’’ and add in its 

place the date ‘‘June 13’’. 

§ 90.1410 [Amended] 

■ 18. In § 90.1410, paragraph (j), remove 

the date ‘‘February 17’’ and add in its 

place the date ‘‘June 13’’. 

[FR Doc. E9–4256 Filed 2–25–09; 11:15 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 001005281–0369–02] 

RIN 0648–XN45 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

hook-and-line fishery for king mackerel 

in the southern Florida west coast 

subzone. This closure is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, February 28, 2009, through 

June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, cero, 

cobia, little tunny, and, in the Gulf of 

Mexico only, dolphin and bluefish) is 

managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that divided the 

Florida west coast subzone of the 

eastern zone into northern and southern 

subzones, and established their separate 

quotas. The quota for the hook-and-line 

fishery in the southern Florida west 

coast subzone is 520,312 lb (236,010 

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). 

Under 50 CFR 622.43(a), NMFS is 

required to close any segment of the 

king mackerel commercial fishery when 

its quota has been reached, or is 

projected to be reached, by filing a 

notification at the Office of the Federal 

Register. NMFS has determined the 


dwashington3 on PROD1PC60 with RULES
8880 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

commercial quota for Gulf group king 

mackerel in the southern Florida west 

coast subzone will be reached by 

February 28, 2009. Accordingly, the 

commercial fishery for Gulf group king 

mackerel in the southern subzone is 

closed effective 12:01 a.m., local time, 

February 28, 2009, through June 30, 

2009, the end of the fishing year. 

The Florida west coast subzone is that 

part of the eastern zone located south 

and west of 25°20.4′ N. lat. (a line 

directly east from the Miami-Dade 

County, FL boundary) along the west 

coast of Florida to 87°31′06′ W. long. (a 

line directly south from the Alabama/ 

Florida boundary). The Florida west 

coast subzone is further divided into 

northern and southern subzones. From 

November 1 through March 31, the 

southern subzone is designated as the 

area extending south and west from 

25°20.4′ N. lat. to 26°19.8′ N. lat. (a line 

directly west from the Lee/Collier 

County, Florida, boundary), i.e., the area 

off Collier and Monroe Counties. 

Beginning April 1, the southern subzone 

is reduced to the area off Collier County, 

Florida, between 25°48′ N. lat. and 

26°19.8′ N. lat. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The 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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action in 

order to protect the fishery because the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

will require time and would potentially 

result in a harvest well in excess of the 

established 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). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: February 23, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–4273 Filed 2–24–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XN19 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Inshore Component 

in the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2009 total 

allowable catch (TAC) of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), February 25, 2009, until 

1200 hrs, A.l.t., September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (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 allocation of the 2009 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the inshore component of 

the Western Regulatory Area of the GOA 

is 8,735 metric tons (mt) as established 

by the final 2009 and 2010 harvest 

specifications for groundfish of the GOA 

(74 FR 7333, February 17, 2009). 

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

the Regional Administrator has 

determined that the A season allocation 

of the 2009 TAC of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 8,235 mt, and is setting 

aside the remaining 500 mt as bycatch 

to support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the inshore component in 

the Western Regulatory Area of the 

GOA. 

After the effective date 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 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 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 closure of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the inshore 

component of the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of February 23, 2009. 

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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