52214 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

filed by SHU. See also Supplemental 

Information. 

DATES: Effective October 6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Andrew J. Rhodes, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 03–44, adopted August 20, 

2008, and released August 22, 2008. The 

full text of this Commission decision 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. The complete text of 

this decision may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20054, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will send a copy of the Memorandum 

Opinion and Order in this proceeding in 

a report to be sent to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A). 

At the request of Isabel Sepulveda, 

Inc., the Notice of Proposed Rule 

Making in this proceeding proposed the 

allotment of Channel 277A at Water 

Mill, New York. See 68 FR 10682 

(March 6, 2003). In response, SHU filed 

comments, suggesting the allotment of 

Channel 233A in lieu of Channel 277A 

at Water Mill in order to avoid 

displacement of its translator W277AB, 

Noyack, New York. Alternatively, in the 

event the Commission rejects the 

allotment of Channel 233A at Water 

Mill, SHU requested consideration of its 

counterproposal to reserve Channel 

*277A, reserved for noncommercial 

educational (‘‘NCE’’) use, at Noyack and 

modify the license for its Station 

WSUF(FM), Noyack, from Channel 

210B1 to Channel *277A. 

The Report and Order allotted 

Channel 233A at Water Mill. See 71 FR 

9266 (February 23, 2006). Subsequently, 

the allotment of Channel 233A at Water 

Mill, New York, was inadvertently 

removed from the Table of Allotments. 

See Revision of Procedures Governing 

Amendments to FM Table of Allotments 

and Changes of Community of License 

in the Radio Broadcast Services, 71 FR 

76208 (December 20, 2006). 

On reconsideration, the staff deletes 

the allotment of Channel 233A at Water 

Mill because the original rulemaking 

petition, as well as its supporting 

comments, did not comply with Section 

1.52 of the Commission’s Rules, which 

requires that all pleadings filed by 

parties not represented by legal counsel 

be signed and verified by the petitioner. 

As a result, the removal of Channel 

233A at Water Mill becomes official, 

and Monroe’s petition for 

reconsideration is dismissed as moot. 

The document also dismisses SHU’s 

counterproposal because it violates our 

policy of no longer entertaining optional 

or alternative proposals presented in 

either an initial rulemaking petition or 

a counterproposal. Further, even if the 

staff were to consider the merits of 

SHU’s counterproposal, the document 

concludes that the modification of a 

reserved band NCE license to a 

nonadjacent channel in the nonreserved 

band has been permitted in only limited 

circumstances and that this case does 

not present such rare circumstances that 

would justify the modification. 

The document also announces that, 

effective with the release of this order, 

requests to downgrade and modify a 

reserved band FM station to a 

nonadjacent, nonreserved band channel 

will require the solicitation of 

competing expressions of interest, 

pursuant to Section 1.420(g) of the 

Commission’s Rules. The document also 

overrules a policy set forth in Key West, 

Florida, and holds that the downgrade 

and modification of a nonreserved band 

FM station to a nonadjacent channel in 

the nonreserved FM band is subject to 

the requirements of Section 1.420(g) 

regarding the solicitation of competing 

expressions of interest and the 

availability of an equivalent class 

channel to accommodate such 

expressions of interest. See Key West 

Florida, 50 FR 26,229 (June 25, 1985). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E8–20895 Filed 9–8–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0808251151–81155–01] 

RIN 0648–AX18 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Nomenclature Change to 

Rename the ‘‘Haddock Rope Trawl’’

the ‘‘Ruhle Trawl’’; Final Rule 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; nomenclature 

change. 

SUMMARY: NMFS changes the name of a 

previously approved trawl gear referred 

to as the ‘‘Haddock Rope trawl’’ to the 

‘‘Ruhle Trawl.’’ The intent of this action 

is to recognize the effort of Captain Phil 

Ruhle, Sr., who was instrumental in the 

development of this gear. 

DATES: September 9, 2008 

ADDRESSES: Copies of the Technical 

Report ‘‘Bycatch Reduction in the 

Directed Haddock Bottom Trawl 

Fishery’’ and a diagram of the Ruhle 

Trawl may be obtained from NMFS at 

the following address: National Marine 

Fisheries Service, One Blackburn Drive, 

Gloucester, MA 01930; telephone (978) 

281–9315. 

FOR FURTHER INFORMATION CONTACT: 

Edward Stern, Fishery Management 

Specialist, (978) 281–9177, fax (978) 

281–9135, e-mail 

edward.stern@NOAA.gov. 

SUPPLEMENTARY INFORMATION: At the 

request of the New England Fishery 

Management Council, NMFS published 

a final rule on July 14, 2008 (73 FR 

40186), with an effective date of August 

13, 2008, that implemented new gear for 

use in the Regular B Days At Sea (DAS) 

Program and the Eastern U.S./Canada 

Haddock Special Access Program (SAP). 

The purpose of this new gear is to 

reduce discards under the Northeast 

(NE) Multispecies Fishery Management 

Plan (FMP). In the final rule, and in 

other documents relied on for the final 

rule, the new gear was referred to as the 

‘‘Haddock Rope Trawl’’ or‘‘Eliminator 

Trawl.’’ A detailed description of the 

need for, and use of, additional types of 

trawl gear, and a description of the 

review process used to evaluate the 

gear’s performance, can be found in the 

preamble of the proposed rule (73 FR 

29098), published on May 20, 2008. 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 52215 

In 2007, Captain Phil Ruhle, Sr., was 

recognized with David Beutel and Laura 

Scrobe from the University of Rhode 

Island, and fellow fishermen James 

O’Grady and Phil Ruhle, Jr., as the grand 

prize winners of the 2007 World 

Wildlife Fund’s International Smart 

Gear Competition. The award credited 

Captain Ruhle and his team for 

designing the new trawl, then referred 

to as ‘‘The Eliminator.’’ The July 14, 

2008, final rule approved this gear for 

limited use in Federal waters under the 

FMP. On July 23, 2008, Captain Phil 

Ruhle, Sr., perished when his fishing 

vessel, the F/V SEA BREEZE, capsized 

and sank in heavy seas off New Jersey. 

Renaming the new gear the Ruhle Trawl 

is to honor Captain Phil Ruhle, Sr., as 

a primary developer of this gear and an 

innovator in the fishing industry. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

unnecessary. Because prior notice is not 

required, no Regulatory Flexibility 

Analysis (RFA) is required and one has 

not been prepared. The rule simply 

changes the name of the ‘‘Haddock Rope 

Trawl’’ to the ‘‘Ruhle Trawl’’. It has no 

effect on the gear or the manner in 

which it is fished. This rule is not 

anticipated to cause confusion in the 

fishery, nor will it require significant 

remarking of existing gear. This rule 

will not impact other regulations. The 

AA further finds pursuant to 5 U.S.C. 

553(d)(3) good cause to waive the thirty 

(30) day delayed effectiveness period for 

the reasons stated above. This 

nomenclature change is published 

pursuant to 50 CFR part 648 and has 

been determined to be not significant for 

purposes of Executive Order 12866. 

Dated: September 3, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

§§ 648.2, 648.14, and 648.85 [Amended] 

■ 2. In the table below, for each section 

in the left column, remove the name 

‘‘haddock rope trawl’’ from wherever it 

appears throughout the section and add 

the name ‘‘RuhleTrawl’’ indicated in the 

right column for the number of times 

indicated. 

Section Remove Add Frequency 

§ 648.2 haddock 

rope trawl 

Ruhle 

Trawl 

1 

§ 648.14 haddock 

rope trawl 

Ruhle 

Trawl 

1 

§ 648.85 haddock 

rope trawl 

Ruhle 

Trawl 

8 

■ 3. Figure 1 to Part 648 is revised to 

read as follows: 

BILLING CODE 3510–22–S 


yshivers on PROD1PC62 with RULES
52216 Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations 

[FR Doc. E8–20924 Filed 9–8–08; 8:45 am] 

BILLING CODE 3510–22–P 


yshivers on PROD1PC62 with RULESER09SE08.036</GPH>