64126 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 96–86; FCC 00–348 and 

FCC 01–10] 

Development of Operational, Technical 

and Spectrum Requirements for 

Meeting Federal, State and Local 

Public Safety Agency Communications 

Requirements Through the Year 2010 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: The Federal Communications 

Commission (Commission) announces 

that a certain rule adopted in its Public 

Safety 700 MHz Narrowband proceeding 

(WT Docket No. 96–86; FCC 00–348 and 

FCC 01–10) between 2000 and 2001, to 

the extent it contained an information 

collection requirement that required 

approval by the Office of Management 

and Budget (OMB) was approved, and 

became effective August 21, 2014, 

following approval by OMB. 

DATES: The information collections in 

47 CFR 90.525, 90.529, 90.531 

published at 65 FR 66644, November 7, 

2000 and 66 FR 10632, February 16, 

2001, are effective October 28, 2014. 

FOR FURTHER INFORMATION CONTACT: John 

Evanoff, Policy and Licensing Division, 

Public Safety and Homeland Security 

Bureau, at (202) 418–0848, or email: 

john.evanoff@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on August 

21, 2014, OMB approved, for a period of 

three years, the information collection 

requirements relating to licensing 700 

MHz Public Safety Narrowband 

channels contained in the Commission’s 

Third Memorandum Opinion and 

Order, FCC 00–348, published at 65 FR 

66644, November 7, 2000 (re 47 CFR 

90.529 and 90.531) and Fourth Report 

and Order, FCC 01–10, published at 66 

FR 10632, February 16, 2001 (re 47 CFR 

90.525). The OMB Control Number is 

3060–1198. The Commission publishes 

this notice as an announcement of the 

effective date of the rules. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Benish Shah, Federal 

Communications Commission, Room 1– 

A866, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1198, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on August 

21, 2014, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR part 90. Under 5 CFR part 

1320, an agency may not conduct or 

sponsor a collection of information 

unless it displays a current, valid OMB 

Control Number. No person shall be 

subject to any penalty for failing to 

comply with a collection of information 

subject to the Paperwork Reduction Act 

that does not display a current, valid 

OMB Control Number. The OMB 

Control Number is 3060–1198. The 

foregoing notice is required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1198. 

OMB Approval Date: August 21, 2014. 

OMB Expiration Date: August 31, 

2017. 

Title: Administration of 

Interoperability Channels, State License, 

and Band Plan (47 CFR 90.525, 90.529, 

and 90.531). 

Form Number: N/A. Respondents: 

State, local or tribal government, 

regional planning committees, and nongovernmental entities. 

Number of Respondents and 

Responses: 2155 respondents; 2155 

responses. 

Estimated Time per Response: 1 hour 

(range of 1 hour to 2 hours). 

Frequency of Response: On occasion 

reporting and one-time reporting 

requirements; third party disclosure. 

Obligation to Respond: Required to 

obtain or retain benefits (47 CFR 90.525, 

90.529, 90.531). 

Total Annual Burden: 2,212 hours. 

Total Annual Cost: None. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality. 

Privacy Act: No impact(s). 

Needs and Uses: Section 90.525 of the 

Commission’s rules requires approval of 

license applications for Interoperability 

channels in the 769–775 MHz and 799– 

805 MHz frequency bands by state-level 

agency or organization responsible for 

administering emergency 

communications. Section 90.529 of the 

Commission’s rules provides that each 

state license will be granted subject to 

the condition that the state certifies on 

or before each applicable benchmark 

date that it is providing or prepared to 

provide ‘‘substantial service.’’ A 

licensee must demonstrate that it is 

providing or prepared to provide 

substantial service to one third of its 

geographic area or population by June 

13, 2014 and two thirds by June 13, 

2019. A licensee will be deemed to be 

prepared to provide substantial service 

if the licensee certifies that a radio 

system has been approved and funded 

for implementation by the deadline 

date. Substantial service refers to service 

which is sound, favorable, and 

substantially above a level of mediocre 

service which might minimally warrant 

renewal. If a state licensee fails to meet 

any condition of the grant the state 

license is modified automatically to the 

frequencies and geographic areas where 

the state certifies that it is providing 

substantial service. Any recovered state 

license spectrum will revert to General 

Use. However, spectrum licensed to a 

state under a state license remains 

unavailable for reassignment to other 

applicants until the Commission’s 

database reflects the parameters of the 

modified state license. The Commission 

seeks information including the kind of 

public safety service that the licensee is 

providing with the system; which state 

channels are in use in the system; 

whether the licensee’s has made its 

showing based on territory or 

population served; the percentage of 

territory/population served by the 

system footprint; and what signal level 

is being used to determine the system 

footprint. Section 90.531 of the 

Commission’s rules sets forth the band 

plan for the 763–775 MHz and 793–805 

MHz public safety bands. This section 

covers channel designations for base 

and mobile use, narrowband segments, 

combined channels, channel pairing, 

internal guard band, and broadband. 

Narrowband general use channels and 

low power channels require regional 

planning committee concurrence. 

Commission staff will use the 

information to assign licenses for 

interoperability and General Use 

channels, as well as renewal of State 

licenses. The information will also be 

used to determine whether prospective 

licensees operate in compliance with 

the Commission’s rules. Without such 

information, the Commission could not 

accommodate State interoperability or 

regional planning requirements or 

provide for the efficient use of State 


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Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 64127 

frequencies. This information collection 

includes rules to govern the operation 

and licensing of 700 MHz band systems 

to ensure that licensees continue to 

fulfill their statutory responsibilities in 

accordance with the Communications 

Act of 1934, as amended. Such 

information will continue to be used to 

verify that applicants are legally and 

technically qualified to hold licenses, 

and to determine compliance with 

Commission rules. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–25650 Filed 10–27–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD586 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and South 

Atlantic; 2014–2015 Accountability 

Measure and Closure for Gulf King 

Mackerel in the Florida West Coast 

Northern Subzone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial king mackerel in the Florida 

west coast northern subzone of the 

eastern zone of the Gulf of Mexico (Gulf) 

in the U.S. exclusive economic zone 

(EEZ) through this temporary final rule. 

NMFS has determined that the quota for 

king mackerel in the Florida west coast 

northern subzone of the Gulf EEZ will 

have been reached by October 27, 2014. 

Therefore, NMFS closes the Florida 

west coast northern subzone to 

commercial king mackerel fishing in the 

EEZ on October 27, 2014, to protect the 

Gulf king mackerel resource. 

DATES: The closure is effective noon, 

local time, October 27, 2014, until 12:01 

a.m., local time, on July 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, email: susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region (FMP). The FMP 

was prepared by the Gulf of Mexico and 

South Atlantic Fishery Management 

Councils (Councils) and is implemented 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

The Gulf migratory group king 

mackerel is divided into western and 

eastern zones. The Gulf’s eastern zone 

for king mackerel is further divided into 

the Florida west coast northern and 

southern subzones that have separate 

quotas. The December 29, 2011 (76 FR 

82058), final rule specified the quota for 

the Florida west coast northern subzone 

at 178,848 lb (81,124 kg) (50 CFR 

622.384(b)(1)(i)(B)(2)). 

Because 75 percent of the Florida 

west coast northern subzone’s quota had 

been harvested, NMFS published a 

temporary rule on October 14, 2014, to 

reduce the trip limit for the commercial 

sector of king mackerel in the Florida 

west coast northern subzone to 500 lb 

(227 kg) of king mackerel per day in or 

from the EEZ (79 FR 61585). 

Regulations at 50 CFR 622.388(a)(1) 

and 50 CFR 622.384(e) require NMFS to 

close the commercial sector for Gulf 

migratory group king mackerel in the 

Florida west coast northern subzone 

when the quota is reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. Based on the 

best scientific information available, 

NMFS has determined the commercial 

quota of 178,848 lb (81,124 kg) for Gulf 

migratory group king mackerel in the 

Florida west coast northern subzone 

will be reached by October 27, 2014. 

Accordingly, the northern Florida west 

coast subzone is closed effective noon, 

local time, October 27, 2014, through 

June 30, 2015, the end of the fishing 

year, to commercial fishing for Gulf 

migratory group king mackerel. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed subzone (50 CFR 

622.384(e)(1)). A person aboard a vessel 

that has a valid charter vessel/headboat 

permit for coastal migratory pelagic fish 

may continue to retain king mackerel in 

or from the closed subzone under the 

bag and possession limits set forth in 50 

CFR 622.382(a)(1)(ii) and (a)(2), 

provided the vessel is operating as a 

charter vessel or headboat. A charter 

vessel or headboat that also has a 

commercial king mackerel permit is 

considered to be operating as a charter 

vessel or headboat when it carries a 

passenger who pays a fee or when there 

are more than three persons aboard, 

including operator and crew. 

During the closure, king mackerel 

from the closed subzone, including 

those harvested under the bag and 

possession limits, may not be purchased 

or sold. This prohibition does not apply 

to trade in king mackerel from the 

closed zones or subzones that were 

harvested, landed ashore, and sold prior 

to the closure and were held in cold 

storage by a dealer or processor (50 CFR 

622.384(e)(3)). 

The Florida west coast northern 

subzone is that part of the EEZ between 

26°19.8′ N. latitude (a line directly west 

from the boundary between Lee and 

Collier Counties, FL) and 87°31.1′ W. 

longitude (a line directly south from the 

state boundary of Alabama and Florida). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Gulf migratory group 

king mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.388(a)(1) and 50 CFR 622.384(e) and 

is exempt from review under Executive 

Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that the need to 

immediately implement this action to 

close the Florida west coast northern 

subzone of the Gulf eastern zone to 

commercial king mackerel fishing 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) because prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Prior notice and public 

comment is unnecessary because the 

rule implementing the commercial 

quota and the associated requirement 

for closure of the commercial harvest 

when the quota is reached or projected 

to be reached has already been subject 

to notice and comment, and all that 

remains is to notify the public of the 

closure. Additionally, allowing prior 

notice and opportunity for public 

comment is contrary to the public 


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