Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26803 

transition DTV channel 16 at Yuma, 

Arizona. 

DATES: This rule is effective June 4, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–163, 

adopted May 20, 2009, and released 

May 27, 2009. 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 Report 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 Arizona, is amended by adding 

DTV channel 13 and removing DTV 

channel 16 at Yuma. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–13054 Filed 6–3–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XP47 

Atlantic Highly Migratory Species; 

Inseason Action To Close the 

Commercial Gulf of Mexico Non– 

Sandbar Large Coastal Shark Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishery closure. 

SUMMARY: NMFS is closing the 

commercial fishery for non–sandbar 

large coastal sharks (LCS) in the Gulf of 

Mexico region. This action is necessary 

because that quota for the 2009 fishing 

season is projected to have reached at 

least 80 percent of the available quota. 

DATES: The commercial non–sandbar 

LCS fishery is closed effective 11:30 

p.m. local time June 6, 2009 until the 

publication of the 2010 shark season 

specifications in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster–Geisz, 301–713–2347; 

fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and its implementing 

regulations found at 50 CFR part 635 

issued under authority of the 

Magnuson–Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Under § 635.5(b)(1), shark dealers are 

required to report every two weeks. 

Dealer reports for fish received between 

the 1st and 15th of any month must be 

received by NMFS by the 25th of that 

month. Dealer reports for fish received 

between the 16th and the end of any 

month must be received by NMFS by 

the 10th of the following month. Under 

§ 635.28(b)(2), when NMFS projects that 

fishing season landings for a specific 

shark quota have reached or are about 

to reach 80 percent of the available 

quota, NMFS will file for publication 

with the Office of the Federal Register 

a notice of closure for that shark species 

group that will be effective no fewer 

than 5 days from the date of filing. From 

the effective date and time of the closure 

until NMFS announces, via a notice in 

the Federal Register, that additional 

quota is available and the season is 

reopened, the fishery for that specific 

quota is closed, even across fishing 

years. 

On December 24, 2008 (73 FR 79005), 

NMFS announced that the non–sandbar 

LCS quota for the Gulf of Mexico region 

for the 2009 fishing year would be 390.5 

metric tons (mt) dressed weight (dw) 

(860,896 lb dw). Dealer reports through 

the April 30, 2009, reporting period 

indicate that 293.8 mt dw or 75 percent 

of the available quota for non–sandbar 

LCS has been taken in the Gulf of 

Mexico. Dealer reports indicate that 56 

percent of the quota was taken from the 

opening of the fishery on January 23, 

2009, through February 28, 2009; 9 

percent of the quota was taken in 

March; and 10 percent was taken in 

April. Based on dealer reports in March 

and April, NMFS expects that 

approximately 10 percent of the quota 

will also be taken in May. Based on this 

projection, the fishery could reach 85 

percent of the quota, which exceeds the 

80 percent limit specified in the 

regulations. Accordingly, NMFS is 

closing the commercial non–sandbar 

LCS fishery in the Gulf of Mexico region 

as of 11:30 p.m. local time June 6, 2009. 

All other shark fisheries remain open. 

At § 635.27(b)(1)(ii), the boundary 

between the Gulf of Mexico region and 

the Atlantic region is defined as a line 

beginning on the east coast of Florida at 

the mainland at 25°20.4′ N. lat, 

proceeding due east. Any water and 

land to the south and west of that 

boundary is considered, for the 

purposes of quota monitoring and 

setting of quotas, to be within the Gulf 

of Mexico region. 

During the closure, retention of non– 

sandbar LCS sharks in the Gulf of 

Mexico region is prohibited for persons 

fishing aboard vessels issued a 

commercial shark limited access permit 

under 50 CFR 635.4, unless the vessel 

is permitted to operate as a charter 

vessel or headboat for HMS and is 

engaged in a for–hire trip, in which case 

the recreational retention limits for 

sharks and no sale provisions apply (50 

CFR 635.22(a) and (c)), or if the vessel 

26804 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

possesses a valid shark research permit 

under § 635.32 and an NMFS–approved 

observer is onboard. A shark dealer, 

issued a permit pursuant to § 635.4, may 

not purchase or receive non–sandbar 

LCS in the Gulf of Mexico region from 

a vessel issued an Atlantic Shark LAP, 

except that a permitted shark dealer or 

processor may possess non–sandbar 

LCS that were harvested, off–loaded, 

and sold, traded, or bartered, prior to 

the effective date of the closure and 

were held in storage. However, a 

permitted shark dealer or processor may 

possess non–sandbar LCS that were 

harvested by a vessel issued a valid 

shark research fishery permit (per 

§ 635.32) with a NMFS–approved 

observer onboard during the trip the 

sharks were taken as long as the non– 

sandbar shark research fishery remains 

open. Under this closure, a shark dealer, 

issued a permit pursuant to § 635.4 may, 

in accordance with state regulations, 

purchase or receive a non–sandbar LCS 

in the Gulf of Mexico region if the 

sharks were harvested, off–loaded, and 

sold, traded, or bartered from a vessel 

that fishes only in state waters and that 

has not been issued a Shark LAP, HMS 

Angling permit, or HMS Charter/ 

Headboat permit pursuant to § 635.4. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest because the fishery 

is currently underway, and any delay in 

this action would cause overharvest of 

the quota and be inconsistent with 

management requirements and 

objectives. Similarly, affording prior 

notice and opportunity for public 

comment on this action is contrary to 

the public interest because if the quota 

is exceeded, the affected public is likely 

to experience reductions in the available 

quota and a lack of fishing opportunities 

in future seasons. Thus, for these 

reasons, the AA also finds good cause to 

waive the 30-day delay in effective date 

pursuant to 5 U.S.C. 553 (d)(3). This 

action is required under § 635.28(b)(2) 

and is exempt from review under 

Executive Order 12866. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13072 Filed 6–1–09; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910091344–9056–02] 

RIN 0648–XP57 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Deep–Water Species 

Fishery by Catcher Processor Rockfish 

Cooperatives in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep–water species fishery by catcher 

processor rockfish cooperatives subject 

to sideboard limits established under 

the Central Gulf of Alaska (GOA) 

Rockfish Program in the GOA. This 

action is necessary because the 2009 

Pacific halibut prohibited species catch 

(PSC) sideboard limit specified for the 

deep–water species fishery by catcher 

processor rockfish cooperatives subject 

to sideboard limits established under 

the Central GOA Rockfish Program in 

the GOA is insufficient to support 

directed fishing for the deep–water 

species fisheries. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 1, 2009, through 1200 

hrs, A.l.t., July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the Magnuson– 

Stevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2009 Pacific halibut PSC 

sideboard limit specified for the deep– 

water species fishery by catcher 

processor rockfish cooperatives subject 

to sideboard limits established under 

the Central GOA Rockfish Program in 

the GOA is 8 metric tons as established 

by § 679.82(d), the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009), and as posted as the Catcher 

Processor Sideboards at http:// 

www.fakr.noaa.gov/sustainablefisheries/ 

goarat/default.htm. 

In accordance with 

§ 679.82(d)(9)(i)(B), the Administrator, 

Alaska Region, NMFS, has determined 

that the 2009 Pacific halibut PSC 

sideboard limit specified for the deep– 

water species fishery by catcher 

processor rockfish cooperatives subject 

to sideboard limits established under 

the Central GOA Rockfish Program in 

the GOA is insufficient to support 

directed fishing for the deep–water 

species fisheries. Consequently, in 

accordance with § 679.82(d)(9)(ii)(B), 

NMFS is prohibiting directed fishing for 

species that comprise the deep–water 

species fishery by catcher processor 

rockfish cooperatives subject to 

sideboard limits established under the 

Central GOA Rockfish Program in the 

GOA. The species and species groups 

that comprise the deep–water species 

fishery for the sideboard limit include 

deep–water flatfish, rex sole, and 

arrowtooth flounder. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. Notice and comment is 

unnecessary because there is 

insufficient halibut PSC sideboard limit 

to support a directed fishery and 

therefore the Regional Administrator 

has no discretion for any action other 

than to prohibit directed fishing. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.82 and is exempt from review 

under Executive Order 12866. 

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

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13087 Filed 6–3–09; 8:45 am] 

BILLING CODE 3510–22–S