28540 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Proposed Rules 

17. Section 17.48 is revised to read as 

follows: 

§ 17.48 Notification of extinguishment or 

improper functioning of lights. 

The owner of any antenna structure 

that requires registration of the structure 

with the Commission and has been 

assigned lighting specifications 

referenced in this part shall report 

immediately to the Federal Aviation 

Administration, by means acceptable to 

the Federal Aviation Administration, 

any observed or otherwise known 

extinguishment or improper functioning 

of any top steady burning light or any 

flashing obstruction light, regardless of 

its position on the antenna structure, 

not corrected within 30 minutes. If the 

lights cannot be repaired within 15 

days, the owner shall notify the FAA to 

extend the outage date and report a 

return to service date. The owner will 

repeat this process every 15 days until 

the lights are repaired. Such reports 

shall set forth the condition of the light 

or lights, the circumstances which 

caused the failure, the probable date for 

restoration of service, the FCC Antenna 

Structure Registration Number, the 

height of the structure (AGL and AMSL 

if known) and the name, title, address, 

and telephone number of the person 

making the report. Further notification 

to the Federal Aviation Administration 

by means acceptable to the FAA shall be 

given immediately upon resumption of 

normal operation of the light or lights. 

18. Section 17.49 is amended by 

revising the introductory text to read as 

follows: 

§ 17.49 Recording of antenna structure 

light inspections in the owner record. 

The owner of each antenna structure 

which is registered with the 

Commission and has been assigned 

lighting specifications referenced in this 

part must maintain a record of any 

observed or otherwise known 

extinguishment or improper functioning 

of a structure light. This record shall be 

retained for a period of two years and 

provided to the FCC or its agents upon 

request. The record shall include the 

following information for each such 

event: 

* * * * * 

§ 17.51 [Removed and Reserved] 

19. Remove and reserve § 17.51. 

§ 17.56 [Removed and Reserved] 

20. Remove and reserve § 17.56. 

§ 17.58 [Removed and Reserved] 

21. Remove and reserve § 17.58. 

[FR Doc. 2010–12142 Filed 5–20–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–AX76 

Fisheries in the Western Pacific; 

Community Development Program 

Process 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

ecosystem plan amendments; request for 

comments. 

SUMMARY: NMFS announces that the 

Western Pacific Fishery Management 

Council (Council) proposes to amend 

the fishery ecosystem plans (FEPs) for 

American Samoa, Hawaii, Marianas, 

and western Pacific Pelagics. If 

approved by the Secretary of Commerce 

(Secretary), the amendments would 

establish requirements and procedures 

for reviewing and approving community 

development plans for access to western 

Pacific fisheries. The intent of the 

amendments is to promote the 

participation of island communities in 

fisheries that they have traditionally 

depended upon, but may not have the 

capabilities to support continued and 

substantial participation in, possibly 

due to economic, regulatory, or other 

constraints. 

DATES: Comments on the amendments 

must be received by July 20, 2010. 

ADDRESSES: Comments on the 

amendments, identified by 0648–AX76, 

may be sent to either of the following 

addresses: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov; or 

• Mail: Mail written comments to 

William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd, Suite 

1110, Honolulu, HI 96814–4700. 

Instructions: Comments must be 

submitted to one of these two addresses 

to ensure that the comments are 

received, documented, and considered 

by NMFS. Comments sent to any other 

address or individual, or received after 

the end of the comment period, may not 

be considered. Comments will be posted 

for public viewing after thecomment 

period has closed. All comments 

received are a part of the public record 

and will generally be posted to 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the commenter may be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the amendments (which are 

identical for all four FEPs) containing 

background information on the issue are 

available from www.regulations.gov and 

from the Council, 1164 Bishop St., Suite 

1400, Honolulu, HI 96813, tel 808–522– 

8220, fax 808–522–8226, or web site 

www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIR Sustainable 

Fisheries, 808–944–2108. 

SUPPLEMENTARY INFORMATION: This 

document is also available at 

www.gpoaccess.gov/fr. 

Section 305(i)(2) of the MagnusonStevens Act authorizes the Council and 

the Secretary, through NMFS, to 

establish a community development 

program for western Pacific fisheries. 

The intent of the program is to provide 

western Pacific communities access to 

fisheries that they have traditionally 

depended upon, but may not have the 

capabilities to support continued and 

substantial participation in, possibly 

due to economic, regulatory, or other 

constraints. 

In 2002, NMFS announced the 

eligibility criteria for participating in the 

program (67 FR 18512; April 16, 2002). 

To participate in the program, 

communities are required to develop 

and submit a development plan, but 

there is currently no mechanism to 

solicit, review, and approve these plans. 

To address this issue, the Council 

developed and submitted to NMFS for 

review, amendments to the FEPs for 

American Samoa, Hawaii, the Mariana 

Archipelago, and western Pacific 

Pelagics to establish such a mechanism. 

The amendments are identical for each 

FEP. 

To be eligible for the community 

development program, a community 

must: 

1. Be located in American Samoa, 

Guam, Hawaii, or the Northern Mariana 

Islands (collectively, the western 

Pacific); 

2. Consist of community residents 

descended from aboriginal people 

indigenous to the western Pacific area 

who conducted commercial or 

subsistence fishing using traditional 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Proposed Rules 28541 

fishing practices in the waters of the 

western Pacific; 

3. Consist of individuals who reside 

in their ancestral homeland; 

4. Have knowledge of customary 

practices relevant to fisheries of the 

western Pacific; 

5. Have a traditional dependence on 

fisheries of the western Pacific; 

6. Are experiencing economic or other 

constraints that prevent full 

participation in the western Pacific 

fisheries and, in recent years, have not 

had harvesting, processing or marketing 

capability sufficient to support 

substantial participation in fisheries in 

the area; and 

7. Develop and submit a community 

development plan to the Council and 

NMFS. 

Each community development plan 

must contain the following information: 

1. A statement of the purpose and 

goals of the plan; 

2. A description of, and justification 

for, the proposed fishing activity; 

3. The location of the proposed 

fishing activity; 

4. The species to be harvested, 

directly and incidentally; 

5. The gear type(s) to be used; 

6. The frequency and duration of the 

proposed fishing activity; and 

7. A statement describing the degree 

of involvement by the indigenous 

community members including the 

name, address, telephone and other 

contact information of each person who 

would conduct the proposed fishing 

activity, and a description of how the 

community and or its members meet 

each of the eligibility criteria. 

If a vessel is to be used by the 

community to conduct fishing activities, 

the plan must include the vessel name 

and official number (USCG 

documentation, state, territory, or other 

registration number), length, 

displacement, fish holding capacity, any 

valid federal fishing permit number, and 

the name and contact information of the 

owner(s) and operator(s). 

The amendments would require the 

Council to review each plan to ensure 

that it meets the intent of Section 

305(i)(2) of the Magnuson-Stevens Act 

and contains all of the required 

information. If the Council finds these 

requirements are met, the Council 

would then forward the plan to the 

NMFS Regional Administrator for 

review. 

The Regional Administrator would 

review each plan to ensure it is 

consistent with the FEPs, MagnusonStevens Act, and other applicable laws. 

NMFS would then publish a notice in 

the Federal Register to solicit public 

comment on the plan and associated 

environmental review documents. 

Within 90 days after the close of the 

public comment period, the Regional 

Administrator would notify the 

applicant in writing of the decision to 

approve or disapprove the community 

development plan. If the plan is 

approved, the Regional Administrator 

would publish a notice in the Federal 

Register describing the plan’s 

authorized activities. The Regional 

Administrator may attach limiting terms 

and conditions to the authorization for 

proper management and monitoring of 

the fishing activity, including, but not 

limited to, catch and trip limits, times 

and places where fishing may or may 

not be conducted, vessel monitoring 

system, observers, and/or reporting 

requirements. 

Public comments on the proposed 

amendments must be received by July 

20, 2010 to be considered by NMFS in 

the decision to approve, partially 

approve, or disapprove the 

amendments. A proposed rule to 

implement the measures recommended 

in the amendment has been prepared for 

Secretarial review and approval. NMFS 

expect to publish and request public 

comment on the proposed rule in the 

near future. 

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

Dated: May 17, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12283 Filed 5–20–10; 8:45 am] 

BILLING CODE 3510–22–S 


srobinson on DSKHWCL6B1PROD with PROPOSALS