Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48305 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involved 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

Executive Order 12898 (Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations) 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this direct 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations, 

because it does not affect the level of 

protection provided to human health or 

the environment. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2) and will be 

effective on November 17, 2008. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Water 

pollution control, Water quality 

standards. 

Dated: August 13, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set forth in the 

preamble, 40 CFR part 131 is amended 

as follows: 

PART 131—WATER QUALITY 

STANDARDS 

■ 1. The authority citation for part 131 

continues to read as follows: 

Authority: 33 U.S.C. 1251 et seq. 

§ 131.33 [Amended] 

■ 2. Section 131.33 is amended by 

removing and reserving paragraph (b) 

and by removing paragraph (d). 

[FR Doc. E8–19201 Filed 8–18–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket Nos. 03–66; RM–10586; 03–67; 

02–68; IB Docket No. 02–364; ET Docket 

No. 00–258; DA 08–1879] 

Facilitating the Provision of Fixed and 

Mobile Broadband Access, 

Educational and Other Advanced 

Services in the 2150–2162 and 2500–

2690 MHz Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; extension of time for 

filing replies to oppositions to petition 

for reconsideration. 

SUMMARY: In this document, the 

Commission extends the deadline for 

filing replies to oppositions to petition 

for reconsideration. This action is taken 

in order to allow the Educational 

Broadband Service (EBS) and 

Broadband Radio Service (BRS) 

communities to discuss the complex 

issues at stake and develop consensus 

approaches where possible. 

DATES: Replies to oppositions are due on 

or before September 5, 2008. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. You may submit 

replies to oppositions to petition for 

reconsideration, identified by WT 

Docket No. 03–66, RM–10586, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web Site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: (202) 418–0530 or TTY: (202) 

418–0432. 

For detailed instructions for 

submitting replies to oppositions to 

petition for reconsideration and 

additional information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: John 

Schauble, Deputy Chief, Broadband 

Division, Wireless Telecommunications 

Bureau, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554, at (202) 418–

0797 or via the Internet to 

John.Schauble@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of an Order, DA 08–1879 

adopted and released by the FCC on 

August 8, 2008 in WT Docket No. 03–

66, RM–10586. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Information 

Center, Room CY–A257, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc. 

(BCPI), Portals II, 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

(202) 488–5300, facsimile (202) 488–

5563, or via e-mail at fcc@bcpiweb.com. 

The complete text is also available on 

the Commission’s Web site at http:// 

wireless.fcc.gov/edocspublic/ 

attachment/DA–08–1879A1doc. This 

full text may also be downloaded at: 

http://wireless.fcc.gov/releases.html. 

Alternative formats (computer diskette, 

large print, audio cassette, and Braille) 

are available by contacting Brian Millin 

at (202) 418–7426, TTY (202) 418–7365, 

or via e-mail to bmillin@fcc.gov. 

Summary of the Order 

1. On March 20, 2008, the 

Commission released a Fourth 

Memorandum Opinion and Order (73 

FR 26032, May 8, 2008) in the abovecaptioned proceeding. Petitions for 

reconsideration of the Fourth 

Memorandum Opinion and Order were 

due on June 9, 2008, oppositions to 

petitions for reconsideration were due 

on July 29, 2008, and replies to 

oppositions were due on August 13, 

2008. 

2. On June 9, 2008, the Wireless 

Communications Association 

International, Inc. (WCA) timely filed a 

Petition for Reconsideration of the 


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48306 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Fourth Memorandum Opinion and 

Order. On July 29, 2008, the National 

EBS Association (NEBSA), Texas State 

Technical College—Sweetwater (TSTC), 

the ITFS/2.5 GHz Mobile Engineering & 

Development Alliance, Inc. (IMWED), 

and the Hispanic Information and 

Telecommunications Network, Inc. 

(HITN) timely filed oppositions to 

WCA’s petition for reconsideration. 

3. On August 6, 2008, WCA filed a 

motion for extension of time to extend 

the deadline for filing replies to the 

oppositions to WCA’s petition for 

reconsideration of the Fourth 

Memorandum Opinion and Order from 

August 13, 2008 to September 5, 2008. 

WCA’s petition sought, in part, a 

reconsideration of the Commission’s 

decision to limit leases entered into 

before January 10, 2005 to 15 years from 

the date of execution. In their respective 

oppositions, HITN and NEBSA have 

proposed new clarifications to the 

Commission’s leasing policies. No party 

has opposed the extension request. 

4. It is the policy of the Commission 

that extensions of time are not routinely 

granted. Such extensions may be 

warranted when, among other reasons, 

the additional time will serve the public 

interest. We find that providing a 

limited extension will serve the public 

interest by allowing parties to discuss 

the complex issues at stake and develop 

consensus approaches where possible. 

We therefore grant WCA’s motion for 

extension of time by extending the 

deadline to file replies to the 

oppositions on or before September 5, 

2008. 

Ordering Clauses 

5. It is ordered that, pursuant to 

section 4(i) of the Communications Act 

of 1934, as amended, 47 U.S.C. 154(i), 

and § 1.46 of the Commission’s rules, 47 

CFR 1.46, that the Motion for Extension 

of Time filed by the Wireless 

Communications Association 

International, Inc. on August 6, 2008 is 

granted, and the time for filing replies 

to opposition in this proceeding is 

extended to September 5, 2008. 

6. This action is taken under 

delegated authority pursuant to §§ 0.131 

and 0.331 of the Commission’s rules, 47 

CFR 0.131, 0.331. 

Federal Communications Commission. 

James D. Schlichting, 

Acting Chief, Wireless Telecommunications 

Bureau. 

[FR Doc. E8–19181 Filed 8–18–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 061109296–7009–02] 

RIN 0648–XJ49 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason quota 

transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring 

commercial bluefish quota to the State 

of New York from its 2008 quota. By 

this action, NMFS adjusts the quotas 

and announces the revised commercial 

quota for each state involved. 

DATES: Effective August 18, 2008, 

through December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found at 50 CFR part 

648. The regulations require annual 

specification of a commercial quota that 

is apportioned among the coastal states 

from Florida through Maine. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.160. 

Two or more states, under mutual 

agreement and with the concurrence of 

the Administrator, Northeast Region, 

NMFS (Regional Administrator), can 

transfer or combine bluefish commercial 

quota under § 648.160(f). The Regional 

Administrator is required to consider 

the criteria set forth in § 648.160(f)(1) in 

the evaluation of requests for quota 

transfers or combinations. 

North Carolina has agreed to transfer 

100,000 lb (45,359 kg) of its 2008 

commercial quota to New York. The 

Regional Administrator has determined 

that the criteria set forth in 

§ 648.160(f)(1) have been met. The 

revised bluefish quotas for calendar year 

2008 are: New York, 847,057 lb (384,218 

kg); and North Carolina, 2,365,973 lb 

(1,073,187 kg). 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

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

Dated: August 13, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–19190 Filed 8–18–08; 8:45 am] 

BILLING CODE 3510–22–S 


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