13126 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Roy E. Henderson, allots FM 

Channel 274A at Evart, Michigan, as 

that community’s first local service. In 

order to accommodate that allotment, 

the Audio Division also substitutes 

Channel 249A for vacant FM Channel 

242A at Ludington, Michigan. Channel 

274A can be allotted at Evart, Michigan, 

in compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

14.6 km (9.1 miles) north of Evart at the 

following reference coordinates: 44–01– 

43 North Latitude and 85–17–51 West 

Longitude. Channel 249A can be 

allotted at Ludington, Michigan, in 

compliance with the Commission’s 

minimum distance separation 

requirements with a site restriction of 

9.0 km (5.6 miles) north of Ludington at 

the following reference coordinates: 44– 

01–53 North Latitude and 86–24–57 

West Longitude. 

DATES: Effective April 13, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–26, 

adopted February 25, 2009, and released 

February 27, 2009. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street, SW., Room CY–A257, 

Washington, DC 20554. The complete 

text of this decision also may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(800) 378–3160, or via the company’s 

Web site, http://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 dos 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). The Commission will send a 

copy of this Report and 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 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

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. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Michigan, is amended 

by adding Evart, Channel 274A, by 

removing Channel 242A and by adding 

Channel 249A at Ludington. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E9–6791 Filed 3–25–09; 8:45 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–XL91 

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), 

Department of Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

fishery for king mackerel in the 

exclusive economic zone (EEZ) in the 

western zone of the Gulf of Mexico. This 

closure is necessary to protect the Gulf 

king mackerel resource. 

DATES: The closure is effective noon, 

local time, March 27, 2009, through 

June 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 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. 

The commercial fishery for the Gulf of 

Mexico migratory group of king 

mackerel in the western zone is 

managed under a commercial quota of 

1.01 million lb (0.46 million kg) (66 FR 

17368, March 30, 2001) for the current 

fishing year, July 1, 2008, through June 

30, 2009. 

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 

commercial quota of 1.01 million lb 

(0.46 million kg) for Gulf group king 

mackerel in the western zone will be 

reached by March 27, 2009. 

Accordingly, the commercial fishery for 

Gulf group king mackerel in the western 

zone is closed effective noon, local time, 

March 27, 2009, through June 30, 2009, 

the end of the fishing year. The 

boundary between the eastern and 

western zones is 87°31′06′′ W. long., 

which is a line directly south from the 

Alabama/Florida boundary. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed zones or subzones. A person 

aboard a vessel that has a valid charter 

vessel/headboat permit for coastal 

migratory pelagic fish may continue to 

retain king mackerel in or from the 

closed zones or subzones under the bag 

and possession limits set forth in 50 

CFR 622.39(c)(1)(ii) and (c)(2), provided 

the vessel is operating as a charter 

vessel or headboat. A charter vessel or 

headboat that also has a commercial 

king mackerel permit is considered to be 

operating as a charter vessel or headboat 

when it carries a passenger who pays a 

fee or when there are more than three 

persons aboard, including operator and 

crew. 

During the closure, king mackerel 

from the closed zones or subzones taken 

in the EEZ, including those harvested 

under the bag and possession limits, 

may not be purchased or sold. This 

prohibition does not apply to trade in 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13127 

king mackerel from the closed zones or 

subzones that were harvested, landed 

ashore, and sold prior to the closure and 

were held in cold storage by a dealer or 

processor. 

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 to 

protect the fishery since the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

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: March 20, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–6771 Filed 3–23–09; 4:15 pm] 

BILLING CODE 3510–22–S