56016 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 

15289 (2007)) (Second Report and 

Order). The National Public Safety 

Telecommunications Council (NPSTC) 

is removed from the board. The Forestry 

Conservation Communications 

Association (FCCA), the American 

Association of State Highway and 

Transportation Officials (AASHTO), and 

the International Municipal Sign 

Association (IMSA) are added to the 

board. The board’s at-large members, 

jointly selected on delegated authority 

by the Commission’s Public Safety and 

Homeland Security Bureau and Wireless 

Telecommunications Bureau, are 

increased from two to four. These 

changes increase the total number of 

board members from eleven to fifteen. 

DATES: Effective October 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Carol Simpson, Public Safety and 

Homeland Security Bureau, at (202) 

418–2391, or Jerry.Cowden@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background. On July 31, 2007, the 

Commission adopted a Second Report 

and Order revising the rules governing 

the upper 700 MHz band. In the Second 

Report and Order, the Commission 

redesignated ten megahertz of public 

safety 700 MHz spectrum (763–768/ 

793–798 MHz) for the purpose of 

establishing a nationwide, interoperable 

broadband public safety 

communications network. In this regard, 

the Commission established a single 

nationwide license for this spectrum—

the Public Safety Broadband License. 

Further, the Commission stated that it 

would assign this license to a single 

entity—the Public Safety Broadband 

Licensee (PSBL). 

The Second Report and Order 

established certain criteria for the Public 

Safety Broadband Licensee eligibility, 

including that no commercial interest 

may be held in the PSBL, no 

commercial interest may participate in 

the management of the PSBL, the PSBL 

must be a non-profit organization, and 

the PSBL must be broadly representative 

of the public safety community. Further, 

the Second Report and Order requires 

that the PSBL be governed by a voting 

board consisting of eleven members, one 

each from the nine organizations 

representative of public safety listed 

below, and two at-large members 

selected by the Public Safety and 

Homeland Security Bureau and the 

Wireless Telecommunications Bureau, 

jointly on delegated authority. The nine 

organizations that are to be represented 

on the board, with each organization 

represented by one voting board 

member, are: The Association of Public 

Safety Communications Officials 

(APCO); the National Emergency 

Number Association (NENA); the 

International Association of Chiefs of 

Police (IACP); the International 

Association of Fire Chiefs (IAFC); the 

National Sheriffs’ Association; the 

International City/County Management 

Association (ICMA); the National 

Governor’s Association (NGA); the 

National Public Safety 

Telecommunications Council (NPSTC); 

and the National Association of State 

Emergency Medical Services Officials 

(NASEMSO). 

On September 14, 2007, 

representatives of FCCA, AASHTO, and 

IMSA filed a notice of ex parte 

presentation recommending that the 

Commission, on its own motion, add 

FCCA, AASHTO, and IMSA as voting 

members to the PSBL board of directors. 

For the reasons discussed below, the 

Commission makes certain changes to 

the composition of the PSBL board of 

directors on our own motion. 

Discussion. As noted above, one of 

our main criteria for the PSBL is that it 

be as broadly representative of the 

public safety community as possible. 

While the original nine organizations 

the Commission named would provide 

a substantial degree of such 

representation, the Commission finds 

that making the following changes to the 

board of directors would further serve 

this particular criterion and the public 

interest. First, the Commission names 

FCCA, AASHTO, and IMSA as 

additional organizations to be 

represented on the board as voting 

members. FCCA was established in 1944 

and coordinates frequencies within the 

Forestry—Conservation spectrum. In 

this capacity, FCCA provides services 

for forestry and conservation, police, 

fire, EMS and local government 

agencies. AASHTO represents highway 

and transportation departments in all 50 

states, the District of Columbia, and 

Puerto Rico, including the air, highway, 

public transportation, rail, and water 

transportation modes. IMSA dates back 

to 1896 and offers programs in a variety 

of public safety disciplines including 

public safety telecommunications, 

traffic control, work zone safety, and fire 

detection and reporting systems. Based 

on the particular expertise each of these 

organizations represents, the 

Commission finds that inclusion of 

these three organizations would further 

help to broaden representation of the 

public safety community in the PSBL 

board of directors. 

Second, because FCCA, AASHTO, 

and IMSA are members of NPSTC, the 

Commission will remove NPSTC as one 

of the named organizations that may be 

represented as a voting member of the 

PSBL. Finally, the Commission finds 

that increasing the number of at-large 

members from the current two to four 

would provide additional flexibility to 

maximize the effectiveness of the PSBL. 

Accordingly, four at-large members will 

be selected by the Public Safety and 

Homeland Security Bureau and the 

Wireless Telecommunications Bureau, 

jointly on delegated authority. This will 

bring the total number of board 

members to fifteen. 

Ordering Clauses. Accordingly, it is 

ordered that pursuant to sections 1, 2, 

4(i), 5(c), 7, 10, 201, 202, 208, 301, 302, 

303, 307, 308, 309, 310, 314, 316, 319, 

324, 332, 333, 337 and 403 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

155(c), 157, 160, 201, 202, 208, 301, 302, 

303, 307, 308, 309, 310, 314, 316, 319, 

324, 332, 333, 337 and 403, this order 

on reconsideration in WT Docket No. 

06–150, CC Docket No. 94–102, WT 

Docket No. 01–309, WT Docket No. 03–

264, WT Docket No. 06–169, PS Docket 

No. 06–229, and WT Docket No. 96–86 

is adopted. 

It is further ordered that, that 

pursuant to 5 U.S.C. 553(d)(3) and 47 

CFR 1.427(b), this order on 

reconsideration will become effective 

upon publication in the Federal 

Register. 

It is further ordered that, pursuant to 

Section 5(c) of the Communications Act 

of 1934, as amended, 47 U.S.C. 5(c), the 

Wireless Telecommunications Bureau 

and Public Safety and Homeland 

Security Bureau are granted delegated 

authority to implement the policies set 

forth in this order on reconsideration. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E7–19445 Filed 10–1–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XD00 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Vessels Using Pot Gear in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56017 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using pot gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2007 directed 

fishing allowance (DFA) of Pacific cod 

specified for catcher vessels using pot 

gear in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 28, 2007, until 

1200 hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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 2007 Pacific cod TAC allocated to 

catcher vessels using pot gear in the 

BSAI as a DFA of 12,129 metric tons is 

established by the 2007 and 2008 final 

harvest specifications for groundfish in 

the BSAI (72 FR 9451, March 2, 2007) 

and a reallocation (72 FR 52493, 

September 14, 2007). See 

§ 679.20(c)(3)(iii) and (c)(5), and 

(a)(7)(i)(C). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

Pacific cod TAC allocated to catcher 

vessels using pot gear in the BSAI has 

been reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

cod by catcher vessels using pot gear in 

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 Pacific cod by 

catcher vessels using pot gear in 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 September 26, 2007. 

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: September 26, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–4856 Filed 9–27–07; 2:13 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XC99 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher Processor Vessels Using Pot 

Gear in 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 cod by catcher 

processor vessels using pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to prevent exceeding the 2007 

directed fishing allowance (DFA) of 

Pacific cod specified for catcher 

processor vessels using pot gear in the 

BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 28, 2007, until 

1200 hrs, A.l.t., December 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 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 2007 Pacific cod TAC allocated to 

catcher processor vessels using pot gear 

in the BSAI as a DFA of 2,668 metric 

tons is established by the 2007 and 2008 

final harvest specifications for 

groundfish in the BSAI (72 FR 9451, 

March 2, 2007) and a reallocation (72 FR 

52493, September 14, 2007). See 

§ 679.20(c)(3)(iii) and (c)(5), and 

(a)(7)(i)(C). 

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

the Administrator, Alaska Region, 

NMFS, has determined that the 2007 

Pacific cod TAC allocated to catcher 

processor vessels using pot gear in the 

BSAI has been reached. Consequently, 

NMFS is prohibiting directed fishing for 

Pacific cod by catcher processor vessels 

using pot gear in 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 Pacific cod by 

catcher processor vessels using pot gear 

in 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 September 26, 2007. 

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. 


rmajette on PROD1PC64 with RULES