29678 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

private land mobile radio licenses by 

reducing the authorized bandwidth. 

2. WMTS was established to enhance 

the reliability of medical telemetry 

equipment, and to ensure that wireless 

medical telemetry devices can operate 

free of harmful interference. The band 

1427–1432 MHz is shared between 

medical and non-medical telemetry 

operations. Generally, WMTS has 

primary status in the lower half of the 

band, and non-medical telemetry is 

primary in the upper half. Our rules do 

not explicitly authorize WMTS systems 

to operate on a secondary basis on 

frequencies where non-medical 

telemetry is primary. In response to 

conflicting requests, the Notice of 

Proposed Rulemaking published at 72 

FR 32582, June 13, 2007, in this 

proceeding sought comment on 

amending the rules to clarify whether 

such operations are permitted. 

3. In the Second Report and Order, we 

concluded that secondary WMTS 

operations should not currently be 

authorized. We noted that the 

Commission created WMTS in order to 

make available spectrum where medical 

telemetry services could operate free 

from harmful interference, and 

expressed concern that the 

authorization of secondary WMTS 

operations could subject such 

operations to the same interference 

issues that the WMTS allocation was 

intended to address. Because the record 

suggested that WMTS devices can 

operate safely on a secondary basis 

under certain conditions, however, we 

sought comment in the Second Further 

Notice of Proposed Rule Making 

published at 75 FR 19340, April 14, 

2010, on whether secondary WMTS 

operations should be sanctioned upon 

the adoption of adequate safeguards. 

4. We take this opportunity to further 

clarify that our decision in the Second 

Report and Order not to permit 

additional secondary WMTS operations 

at this time was not based on a 

conclusion that operation of medical 

devices on a secondary basis is per se 

contrary to the public interest. Rather, 

we concluded only that appropriate and 

effective measures must be taken to 

detect and avoid harmful interference, 

and that the existing record did not 

provide a sufficient basis to determine 

that such measures could be developed. 

This decision pertained only to WMTS, 

taking into account the unique technical 

characteristics of the service, the current 

lack of safeguards in our rules to 

promote safe secondary operations, and 

the operations with which WMTS 

shares spectrum. Further, as noted 

above, the issue of whether to amend 

the rules to authorize secondary 

operations under appropriate conditions 

remains pending in this proceeding. 

5. In addition, the Second Report and 

Order amended § 90.175(j) of the 

Commission’s rules to remove the 

frequency coordination requirement for 

applications to modify existing licenses 

by reducing the authorized bandwidth. 

We found no need for a part 90 

frequency coordinator to review such 

proposals in advance, because a simple 

reduction in authorized bandwidth 

cannot adversely impact co-channel or 

adjacent channel licensees. It may, 

however, increase the amount of power 

within a certain bandwidth. 

Consequently, we take this opportunity 

to remind licensees that the 

coordination and consent requirements 

set forth in § 1.924 of our rules regarding 

proposed new or modified operations in 

quiet zones continue to apply to such 

applications. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. 2010–12773 Filed 5–26–10; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0910051338–0151–02] 

RIN 0648–XW52 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Reductions to Trip Limits for 

Five Groundfish Stocks 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment of landing limits. 

SUMMARY: This action decreases the 

landing limit for Gulf of Maine (GOM) 

haddock, Georges Bank (GB) haddock, 

GOM winter flounder, GB winter 

flounder, and GB yellowtail flounder for 

Northeast (NE) multispecies vessels 

fishing under common pool regulations 

for the 2010 fishing year (FY). This 

action is authorized by the regulations 

implementing Amendment 16 and 

Framework Adjustment 44 (FW 44) to 

the NE Multispecies Fishery 

Management Plan (FMP) and is 

intended to decrease the likelihood of 

harvest exceeding the subcomponent of 

the annual catch limit (ACL) allocated 

to the common pool (common pool subACL) for each of these five stocks during 

FY 2010 (May 1, 2010, through April 30, 

2011). This action is being taken to 

optimize the harvest of NE regulated 

multispecies under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: Effective 0001 hours May 27, 

2010, through April 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, (978) 675–2153, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing possession and 

landing limits for vessels fishing under 

common pool regulations are found at 

50 CFR 648.86. The regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies day-atsea (DAS), or fishing under a NE 

multispecies Small Vessel or Handgear 

A or B category permit, to fish for and 

retain NE multispecies, under specified 

conditions. The vessels fishing in the 

common pool are allocated a sub-ACL 

equivalent to that portion of the 

commercial groundfish ACL that is not 

allocated to the 17 approved NE 

multispecies sectors for FY 2010. The 

final rule implementing FW 44 (75 FR 

18356, April 9, 2010) established ACLs 

for FY 2010. For FY 2010, the common 

pool sub-ACLs for these stocks are: 26 

mt (57,320 lb) for GOM haddock; 254 mt 

(559,974 lb) for GB haddock; 25 mt 

(55,116 lb) for GOM winter flounder; 29 

mt (63,934) lb for GB winter flounder; 

and 23 mt (50,706 lb) for GB yellowtail 

flounder. Of these stocks, only two 

currently have possession limits: 5,000 

lb (2,268.0 kg) per trip for GB winter 

flounder; and 2,500 lb (1,134.0 kg) per 

trip for GB yellowtail flounder. 

The regulations at § 648.86(o) 

authorize the Administrator, Northeast 

(NE) Region, NMFS (Regional 

Administrator) to increase or decrease 

the trip limits for vessels in the common 

pool to prevent over-harvesting or 

under-harvesting the common pool subACL. The relatively small sub-ACLs 

allocated to the common pool in FY 

2010, combined with the initial trip 

limits, could result in the entire subACL being harvested by very few fishing 

trips. Exceeding the common pool subACL prior to April 30, 2011, would 

require drastic trip limit reductions and/ 

or imposition of differential DAS 

counting for the remainder of FY 2010 

to minimize the overage, and would 

trigger accountability measures (AMs) in 

FY 2011, including differential DAS 

counting, to prevent future overages. 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29679 

Initial Vessel Monitoring System 

(VMS) and dealer reports indicate that 

approximately 33.4 percent of the GOM 

winter flounder, 13.7 percent of the GB 

haddock, 11.2 percent of the GB winter 

flounder, and 34.4 percent of the GB 

yellowtail flounder common pool subACLs has been harvested as of May 18, 

2010. Very little GOM haddock has been 

harvested; however, the sub-ACL for 

this stock is small enough that it could 

be harvested by a few large trips, given 

that there is no current possession limit. 

Based on this information, the 

Regional Administrator is imposing the 

trip limit changes detailed in the 

following table, effective May 27, 2010, 

through April 30, 2011. 

Stock Trip Limit 

GOM Haddock 1,000 lb (453.6 kg) 

per trip 

GB Haddock 10,000 (4,535.9 kg) lb 

per trip 

GOM Winter Flounder 250 lb (113.4 kg) per 

trip 

GB Winter Flounder 1,000 lb (453.6 kg) 

per trip 

GB Yellowtail Flounder 1,000 lb (453.6 kg) 

per trip 

Catch will be closely monitored 

through dealer-reported landings, VMS 

catch reports, and other available 

information. Further inseason 

adjustments to increase or decrease the 

trip limits, as well as differential DAS 

measures may be considered, based on 

updated catch data and projections. 

Conversely, if the common pool subACL is projected to be under-harvested 

by the end of FY 2010, in-season 

adjustments to increase the trip limit 

will be considered. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C 553(b)(3)(B) and 

(d)(3), there is good cause to waive prior 

notice and opportunity for public 

comment, as well as the delayed 

effectiveness for this action, because 

prior notice and comment, and a 

delayed effectiveness, would be 

impracticable and contrary to the public 

interest. The regulations under 

§ 648.86(o) grant the Regional 

Administrator the authority to adjust the 

NE multispecies trip limits to prevent 

over-harvesting or under-harvesting the 

common pool sub-ACLs. This action 

will implement a more restrictive trip 

limit for GOM haddock, GB haddock, 

GOM winter flounder, GB winter 

flounder, and GB yellowtail flounder in 

order to ensure that the common pool 

sub-ACLs are not over-harvested, and 

the biological and economic objectives 

of the FMP are met. 

It is important to take this action 

immediately because, based on current 

data and projections, continuation of the 

status quo trip limit will result reaching 

each of the respective common pool 

sub-ACLs prior to the end of FY 2010. 

Attainment of any of the common pool 

sub-ACLs prior to April 30, 2011, would 

result in lower trip limits and/or 

differential DAS counting for the 

remainder of FY 2010 and would trigger 

end-of-the-year AMs for the common 

pool in FY 2011. These restrictions 

could result in the loss of yield of other 

valuable species caught by vessels in the 

common pool. 

The information that is the basis for 

this action includes ACLs updated after 

May 1, 2010, and recent catch data. The 

time necessary to provide for prior 

notice and comment, and delayed 

effectiveness for this action would 

prevent NMFS from implementing a 

reduced trip limit in a timely manner. 

A resulting delay in the curtailment of 

catch rate of these five stocks may result 

in less revenue for the fishing industry 

and be counter to the objective of 

optimum yield. 

The Regional Administrator’s 

authority to decrease trip limits for the 

common pool to help ensure that the 

common pool sub-ACL for all NE 

multispecies are harvested, but not 

exceeded, was considered and open to 

public comment during the 

development of FW 44. Therefore, any 

negative effect the waiving of public 

comment and delayed effectiveness may 

have on the public is mitigated by these 

factors. 

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

Dated: May 24, 2010. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12785 Filed 5–24–10; 4:15 pm] 

BILLING CODE 3510–22–S 

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