Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32779

Commission’s Final rule. The petitions

are denied on procedural grounds as

untimely; however, the Commission

addresses petitioners’ concern by

treating the petitions as requests for

interpretation of the Commission’s rule.

ADDRESSES: Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION, CONTACT:

Michael J. Wilhelm, 445 12th Street,

SW., Room 4C305, Washington, DC

20554; telephone 202.418.0680; email

mwilhelm @ fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Sixth

Memorandum Opinion and Order (Sixth

MO&O) in WT Docket 92–225 released

May 25, 2001. The complete text of this

Sixth MO&O is available for inspection

and copying during normal business

hours in the FCC Reference Information

Center, Courtyard Level, 445 12th

Street, SW., Washington, DC 20554; and

also is available from the Commission’s

copying contractor, International

Transcription Services (ITS, Inc.)

Courtyard Level, 445 12th Street, SW.,

Washington, DC 20554. The Sixth

MO&O addressed two petitions for

reconsideration directed to 47 CFR

§ 90.261 as amended in the Fifth

Memorandum Opinion and Order 66 FR

8899 2/5/01.

1. In substantially identical petitions

for reconsideration, the Alarm Industry

Communications Committee of the

Central Station Alarm Association

(AICC) and Blooston, Mordkofsky,

Dickens, Duffy and Prendergrast

(Blooston) sought clarification

concerning whether 47 CFR 90.261(a)

could be construed to render Central

Station Alarm stations as fixed, and

hence secondary, facilities.

2. Because both petitioners’ petitions

were based on a June 26, 2000, letter

from the Public Safety and Private

Wireless Division, and because more

than 30 days had elapsed thereafter, the

petitions were dismissed as untimely

pursuant to 47 CFR 1.5 and 1.429.

However, the Commission treated the

petitions as requests for interpretation of

47 CFR 90.261 and held that that rule

did not operate to classify Central

Station Alarm stations as fixed,

secondary facilities.

Federal Communications Commission.

William F. Caton,

Deputy, Secretary.

[FR Doc. 01–15314 Filed 6–15–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 060501B]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery off the Southern Atlantic

States; Reopening of the Penaeid

Shrimp Fisheries off South Carolina

and Georgia

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reopening of the penaeid

shrimp fisheries in the exclusive

economic zone (EEZ) off South Carolina

and Georgia.

SUMMARY: NMFS reopens the trawl

fishery for penaeid shrimp, i.e., brown,

pink, and white shrimp, in the EEZ off

South Carolina and Georgia. This

reopening is taken in accordance with

the procedures and criteria specified in

the Fishery Management Plan for the

Shrimp Fishery of the South Atlantic

Region (FMP) and its implementing

regulations. The reopening is intended

to provide optimal utilization of these

penaeid shrimp resources while

protecting the spawning stock of white

shrimp that has been severely depleted

by unusually cold weather conditions.

DATES: The reopening is effective 12:01

a.m., eastern daylight savings time, June

16, 2001.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter, 727–570–5305; fax:

727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

commercial penaeid shrimp fishery in

the South Atlantic region is managed

under the FMP. The FMP was prepared

by the South Atlantic Fishery

Management Council (Council) 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.

Background

The FMP and implementing

regulations at 50 CFR 622.35 (d) provide

the procedures, criteria, and authority

for a concurrent closure of the EEZ

adjacent to those South Atlantic states

that have closed their waters to the

harvest of brown, pink, and white

shrimp to protect the white shrimp

spawning stock if it has been severely

depleted by cold weather. Consistent

with those procedures and criteria, the

States of Georgia and South Carolina

closed their waters to the harvest of

brown, pink, and white shrimp and

requested that the Council recommend

that NMFS implement a concurrent

closure of the EEZ off Georgia and South

Carolina. The Council approved the

States′ requests and in turn requested

that NMFS concurrently close the EEZ

off Georgia and South Carolina to the

harvest of brown, pink, and white

shrimp. NMFS determined that the

recommended closure conformed with

the procedures and criteria specified in

the FMP and implementing regulations,

the Magnuson-Stevens Act, and other

applicable law. NMFS implemented the

closure effective March 13, 2001 (66 FR

15357, March 19, 2001).

During the closure, no person could:

(1) Trawl for brown, pink, or white

shrimp in the EEZ off Georgia or South

Carolina; (2) possess on board a fishing

vessel brown, pink, or white shrimp in

or from the EEZ off Georgia or South

Carolina unless the vessel is in transit

through the area and all nets with a

mesh size of less than 4 inches (10.2 cm)

are stowed below deck; or (3) use or

have on board a vessel trawling in that

part of the EEZ off Georgia or South

Carolina that is within 25 nautical miles

of the baseline from which the territorial

sea is measured a trawl net with a mesh

size less than 4 inches (10.2 cm).

Termination of the Closure

The FMP and implementing

regulations at 50 CFR 622.35 (d) state

that: (1) The closure will be effective

until the ending dates of the closures in

the respective states’ waters, but may be

ended earlier based on the states’

request; and (2) if the EEZ closure is

ended earlier, NMFS will terminate the

closure of the EEZ by filing a

notification to that effect with the Office

of the Federal Register. Based on

biological sampling, the States of

Georgia and South Carolina have

determined that their respective State’s

waters will remain closed until

sometime after June 16, 2001; however,

they have requested the EEZ adjacent to

their State’s waters be opened effective

12:01 a.m. on June 16, 2001. Therefore,

consistent with the procedures in the

FMP and its implementing regulations,

NMFS publishes this notification to

reopen the EEZ off Georgia and South

Carolina to the harvest of brown, pink,

and white shrimp effective 12:01 a.m.,

eastern daylight savings time, June 16,

2001.

32780 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Classification

This action responds to the best

available information recently obtained

from the fishery. The June 16, 2001,

reopening of the EEZ off Georgia and

South Carolina to the harvest of brown,

pink, and white shrimp will ensure

adequate protection of the white shrimp

stock and is necessary to avoid

unwarranted adverse economic and

social impacts on affected industry

participants. Any delay in

implementing the reopening would be

contradictory to the FMP and its

implementing regulations and

contradictory to the public interest.

NMFS finds for good cause that the

implementation of this reopening

cannot be delayed for 30 days.

Accordingly, under 5 U.S.C. 553 (d), a

delay in the effective date is waived.

This action is authorized by 50 CFR

622.35 (d) and is exempt from review

under Executive Order 12866.

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

Dated: June 12, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–15298 Filed 6–13–01; 1:54 pm]

BILLING CODE 3510–22–S