60976 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–1858; MB Docket No. 08–204; RM– 

11492] 

Television Broadcasting Services; 

Vanderbilt, MI 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Media Bureau grants a 

petition for reconsideration, reinstates, 

and grants a petition for rulemaking 

filed by Cadillac Telecasting, Co., 

licensee of station WFUP(TV), to add 

DTV channel 45 at Vanderbilt. 

DATES: The final rule is effective 

October 29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Media Bureau, (202) 418– 

1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s 

Memorandum Opinion and Order and 

Order, MB Docket No. 08–204, adopted 

and released on September 30, 2008. 

The full text of this document is 

available for public inspection and 

copying during normal business hours 

in the FCC’s Reference Information 

Center at Portals II, CY–A257, 445 12th 

Street, SW., Washington, DC 20554. 

This document will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) This document may 

be purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing, Inc., 445 12th Street, SW., 

Room CY–B402, Washington, DC 20554, 

telephone 1–800–478–3160 or via e-mail 

http://www.BCPIWEB.com. To request 

this document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

information collection burden ‘‘for 

small business concerns with fewer than 

25 employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

The Commission will send a copy of 

this Memorandum Opinion and Order 

and Order 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). 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR Part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622 [Amended] 

■ 2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Michigan, is amended by adding 

channel DTV channel 45 at Vanderbilt. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E8–24301 Filed 10–14–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 080302353–8620–01] 

RIN 0648–AO16 

Taking of the Cook Inlet, Alaska 

Beluga Whale Stock by Alaska Natives 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final regulations 

establishing long-term limits on the 

maximum number of Cook Inlet beluga 

whales that may be taken by Alaska 

Natives for subsistence and handicraft 

purposes. These regulations were 

developed after proceedings and public 

comment connected to an on-the-record 

rule-making and hearings before 

Administrative Law Judge (ALJ) Parlen 

L. McKenna (Judge McKenna); 

consultations with the parties to the 

hearings, including Alaska Native 

Organizations; and comments received 

from the public on the Cook Inlet Beluga 

Whale Subsistence Harvest Draft 

Supplemental Environmental Impact 

Statement (SEIS). These regulations are 

intended to conserve and manage Cook 

Inlet belugas under applicable 

provisions of the Marine Mammal 

Protection Act ( MMPA) until the 

whales are no longer depleted under the 

MMPA. 

DATES: Effective November 14, 2008. 

ADDRESSES: Information related to this 

rule-making process, including the Final 

SEIS and Record of Decision (ROD), is 

available on the Internet at the following 

address: http://www.fakr.noaa.gov/ 

protected resources/whales/beluga.htm. 

Copies of the Final SEIS, ROD, and 

other information related to this rule 

may also be obtained by writing to Kaja 

Brix, Assistant Regional Administrator 

for Protected Resources, NMFS Alaska 

Regional Office, P.O. Box 21668, Juneau, 

AK 99802. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Mahoney, Alaska Region, 

Anchorage Field Office, (907) 271–5006; 

or Thomas Eagle, Office of Protected 

Resources, (301) 713–2322, ext. 105. 

SUPPLEMENTARY INFORMATION: This final 

rule implements long-term limits on the 

maximum number of Cook Inlet beluga 

whales that may be taken by Alaska 

Natives for subsistence purposes. This 

final rule is based upon the complete 

record of the hearing process and on 

comments and other information 

obtained since receipt of Judge 

McKenna’s recommended decision in 

November 2005. The action is needed to 

allow Alaska Natives to continue 

subsistence harvests that support 

traditional, cultural, and nutritional 

needs without preventing or 

unreasonably delaying the recovery of, 

and not disadvantaging, this depleted 

beluga whale stock. 

Background 

The MMPA established a moratorium 

on the taking of marine mammals, 

including whales such as the Cook Inlet 

beluga whale. However, MMPA section 

101(b) (16 U.S.C. 1371(b)) provides an 

exception to the moratorium which 

allows certain Alaska Indian, Aleut, and 

Eskimo residents to take any marine 

mammal, if such taking is for 

subsistence purposes or for creating and 

selling authentic Native articles of 

handicrafts and clothing and is not 

accomplished in a wasteful manner. 

MMPA section 101(b) also authorizes 

NMFS to prescribe regulations for 

subsistence harvests on depleted marine 

mammal stocks. In accordance with 

MMPA sections 101(b) and 103 (16 

U.S.C. 1373), such regulations must be 

adopted using formal rulemaking 

procedures, including an agency hearing 

on the record before an Administrative 


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