Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59675 

■ 2. Section 64.2102 is amended by 

adding paragraph (d) to read as follows: 

§ 64.2102 Definitions. 

* * * * * 

(d) Telecommunications Carrier. The 

term Telecommunications Carrier 

includes: 

(1) A person or entity engaged in the 

transmission or switching of wire or 

electronic communications as a 

common carrier for hire; 

(2) A person or entity engaged in 

providing commercial mobile service (as 

defined in section 332(d) of the 

Communications Act of 1934 (47 U.S.C. 

332(d)); or 

(3) A person or entity that the 

Commission has found is engaged in 

providing wire or electronic 

communication switching or 

transmission service such that the 

service is a replacement for a substantial 

portion of the local telephone exchange 

service and that it is in the public 

interest to deem such a person or entity 

to be a telecommunications carrier for 

purposes of CALEA. 

[FR Doc. 05–20606 Filed 10–12–05; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

100605C] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel in the 

Western Aleutian District of 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 Western 

Aleutian District of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2005 Atka 

mackerel total allowable catch (TAC) in 

the Western Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 7, 2005, through 

2400 hrs, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2005 Atka mackerel TAC in the 

Western Aleutian District of the BSAI is 

18,500 metric tons (mt) as established 

by the 2005 and 2006 final harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005). 

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

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2005 Atka mackerel 

TAC in the Western Aleutian District of 

the BSAI will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 18,450 mt, and is setting 

aside the remaining 50 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 Atka mackerel in the 

Western Aleutian District of the BSAI. 

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 Atka mackerel in 

the Western Aleutian District of the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of October 5, 2005. 

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. 

Dated: October 6, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20541 Filed 10–7–05; 2:30 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

100605B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Western Aleutian District of 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 Pacific ocean perch in the 

Western Aleutian District of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

prevent exceeding the 2005 Pacific 

ocean perch total allowable catch (TAC) 

in the Western Aleutian District of the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 8, 2005, through 

2400 hrs, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI 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 2005 Pacific ocean perch TAC in 

the Western Aleutian District of the 

BSAI is 4,703 metric tons (mt) as 

established by the 2005 and 2006 final 

harvest specifications for groundfish in