30838 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

opted for arbitration pursuant to Section 

9 of the RPC DRP, the Clearinghouse 

may refer the matter to the Bureau 

within ten (10) days of the 

recommended decision or advice of the 

Clearinghouse (qua mediator) or other 

mediator. Should all parties elect to 

seek non-binding expedited arbitration, 

the same ten (10) day timeframe will be 

applicable to referral of the matter to the 

Bureau for review following issuance of 

a recommended decision or advice from 

the Clearinghouse (qua arbitrator) or 

other arbitrator. 

3. The Clearinghouse shall forward 

the entire record on any disputed issues, 

including such dispositions thereof that 

the Clearinghouse has considered. The 

Bureau will rely on the factual record 

before it as provided by the 

Clearinghouse. 

4. The burden of proof is on each 

party to demonstrate that their view is 

correct. All eligible parties that filed 

timely notices of objection with the 

Clearinghouse and participated in the 

underlying mediation or arbitration will 

automatically be parties to the appeal 

unless they opt out by providing written 

notice to the Bureau as set forth below. 

Appealing parties bear responsibility for 

their costs associated with an appeal, 

none of which are reimbursable 

transition expenses. 

5. The Bureau will issue a public 

notice upon receipt of the record from 

the Clearinghouse and assign a file 

number to the appeal. 

6. Each party has ten (10) days from 

the date of such public notice to either 

submit statements of position or opt out 

of the appeal by providing written 

notice to the Bureau. Statements shall 

comply with § 1.49 of the Commission’s 

rules (47 CFR 1.49). Statements must be 

strictly limited to issues raised in the 

course of mediation and/or arbitration 

and facts contained in the record. In 

their statements, parties may not 

introduce facts not contained in the 

record or introduce arguments on issues 

that were not presented to the mediator 

and/or arbitrator for consideration. Any 

material not conforming to these 

restrictions will be stricken. Reply 

filings and filings by third parties are 

not permitted. The Clearinghouse and 

any party to the appeal may file other 

documents or pleadings only if 

specifically requested by the 

Commission. 

7. Parties’ statements, any record 

documents, and opt out notices shall be 

submitted electronically, using the 

Commission’s ECFS in WT Docket No. 

21–333, with a copy thereof served 

electronically on any other party to the 

appeal and the Clearinghouse. These 

documents must also comply with 

§ 1.49 of the Commission’s rules (47 

CFR 1.49). 

8. The first page of any statement or 

other document filed by a party shall be 

captioned with the name and address of 

the parties and the file number assigned 

by WTB. 

9. The Clearinghouse and any party to 

the appeal may request confidential 

treatment of any document, or portion 

thereof, pursuant to § 0.459 of the 

Commission’s rules (27 CFR 0.459). 

10. The Bureau may, at its discretion, 

designate the matter for an evidentiary 

hearing before an Administrative Law 

Judge, making the Enforcement Bureau 

a party. 

Following a Bureau decision in either 

a single-party or multi-party dispute, 

any party to a specific matter wishing to 

appeal that decision may do so by filing 

with the Commission, within ten (10) 

days of the effective date of the Bureau 

decision, a petition for de novo review, 

whereupon the Commission will set the 

matter for an evidentiary hearing before 

an Administrative Law Judge. Parties 

seeking de novo review of a decision by 

the Bureau are advised that, in the 

course of the evidentiary hearing, the 

Commission may require complete 

documentation relevant to any disputed 

matters, and, where necessary, and at 

the presiding judge’s discretion, require 

expert engineering, economic, or other 

reports, or testimony, and that the cost 

of producing such documentation is not 

a reimbursable transition expense. 

Parties may therefore wish to consider 

possibly less burdensome and expensive 

means of resolving their disputes, such 

as alternative dispute resolution. 

A party to any appeal, whether singleparty or multi-party, must certify in 

each submission that it attests to the 

truthfulness of the information it is 

providing and is making the submission 

in good faith. We remind parties of their 

obligations under § 1.17 of the 

Commission’s rules (47 CFR 1.17), and 

note that violators will be subject to 

potential enforcement action. The 

Bureau will determine a submission has 

been made in bad faith if, for example, 

the submitting party makes a statement 

that is false and if it finds the party did 

not use due diligence in providing 

information that is correct and not 

misleading to the Commission, 

including taking appropriate affirmative 

steps to determine the truthfulness of 

what is being submitted. 

Restricted Proceeding. This docket 

and each appeal is a ‘‘restricted’’ 

proceeding under § 1.1208 (47 CFR 

1.1208) of the Commission’s rules, and 

thus ex parte presentations to or from 

Commission decision-making 

personnel, including the Chief and staff 

of the Wireless Telecommunications 

Bureau, are prohibited, except as 

otherwise provided in the Commission’s 

rules. 

Federal Communications Commission. 

Amy Brett, 

Acting Chief of Staff, Wireless 

Telecommunications Bureau. 

[FR Doc. 2022–10587 Filed 5–19–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XB937] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Angling 

category Gulf of Mexico area incidental 

fishery for large medium and giant 

(‘‘trophy’’ (i.e., measuring 73 inches 

(185 cm) curved fork length or greater)) 

Atlantic bluefin tuna (BFT). This action 

applies to Highly Migratory Species 

(HMS) Angling and HMS Charter/ 

Headboat permitted vessels. This action 

is necessary because landings data 

indicate the Angling category Gulf of 

Mexico incidental trophy BFT subquota 

of 1.8 mt has been reached and 

exceeded. 

DATES: Effective 11:30 p.m., local time, 

May 17, 2022, through December 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–281– 

9260, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30839 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

Under § 635.28(a)(1), NMFS files a 

closure notice with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on and after 

the effective date and time of a closure 

notice for that category, for the 

remainder of the fishing year, until the 

opening of the subsequent quota period 

or until such date as specified. 

The 2022 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2022. The 

Angling category season opened January 

1, 2022, and continues through 

December 31, 2022. The Angling 

category baseline quota is 232.4 metric 

tons (mt), of which 5.3 mt is allocated 

for the harvest of large medium and 

giant (trophy) BFT by vessels fishing 

under the Angling category quota, with 

1.8 mt allocated for each of the 

following areas: North of 39°18′ N lat. 

(off Great Egg Inlet, NJ); south of 39°18′ 

N lat. and outside the Gulf of Mexico 

(the ‘‘southern area’’); and in the Gulf of 

Mexico. Trophy BFT measure 73 inches 

(185 cm) curved fork length or greater. 

Angling Category Large Medium and 

Giant Gulf of Mexico ‘‘Trophy’’ Fishery 

Closure 

Based on landings data from the 

NMFS Automated Catch Reporting 

System, as well as average catch rates 

and anticipated fishing conditions, 

NMFS projects the Angling category 

Gulf of Mexico incidental trophy BFT 

subquota of 1.8 mt has been reached and 

exceeded. Therefore, retaining, 

possessing, or landing large medium or 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) BFT in the 

Gulf of Mexico by persons aboard 

Angling and HMS Charter/Headboat 

permitted vessels must cease at 11:30 

p.m. local time on May 17, 2022. This 

closure will remain effective through 

December 31, 2022. This action applies 

to HMS Angling and HMS Charter/ 

Headboat permitted vessels, and is 

taken consistent with the regulations at 

§ 635.28(a)(1). This action is intended to 

prevent overharvest of the Angling 

category Gulf of Mexico incidental 

trophy BFT subquota. 

If needed, subsequent Angling 

category adjustments will be published 

in the Federal Register. Information 

regarding the Angling category fishery 

for Atlantic tunas, including daily 

retention limits for BFT measuring 27 

inches (68.5 cm) to less than 73 inches 

(185 cm) and any further Angling 

category adjustments, is available at 

hmspermits.noaa.gov or by calling (978) 

281–9260. HMS Angling and HMS 

Charter/Headboat permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. Anglers are also reminded that 

all BFT that are released must be 

handled in a manner that will maximize 

survival, and without removing the fish 

from the water, consistent with 

requirements at § 635.21(a)(1). For 

additional information on safe handling, 

see the ‘‘Careful Catch and Release’’ 

brochure available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

HMS Angling and HMS Charter/ 

Headboat permitted vessel owners are 

required to report the catch of all BFT 

retained or discarded dead, within 24 

hours of the landing(s) or end of each 

trip, by accessing hmspermits.noaa.gov, 

using the HMS Catch Reporting app, or 

calling (888) 872–8862 (Monday 

through Friday from 8 a.m. until 4:30 

p.m.). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS finds that it is impracticable and 

contrary to the public interest to provide 

prior notice of, and an opportunity for 

public comment on, this action for the 

following reasons: 

The regulations implementing the 

2006 Consolidated HMS FMP and its 

amendments provide for inseason 

adjustments and fishery closures to 

respond to the unpredictable nature of 

BFT availability on the fishing grounds, 

the migratory nature of this species, and 

the regional variations in the BFT 

fishery. This fishery is currently 

underway and delaying this action 

could result in excessive trophy BFT 

landings that may result in future 

potential quota reductions for the 

Angling category, depending on the 

magnitude of a potential Angling 

category overharvest. NMFS must close 

the Gulf of Mexico incidental trophy 

BFT fishery before additional landings 

of these sizes of BFT occur. Therefore, 

the AA finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and the 

opportunity for public comment. For all 

of the above reasons, there is good cause 

under 5 U.S.C. 553(d) to waive the 30- 

day delay in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: May 16, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–10852 Filed 5–17–22; 4:15 pm] 

BILLING CODE 3510–22–P 


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