36948 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations 

1See Assessment and Collection of Regulatory 

Fees for Fiscal Year 2008, MD Docket No. 08–65, 

Report and Order and Further Notice of Proposed 

Rulemaking, 24 FCC Rcd 6389 (2008) (‘‘FY 2008 

Report and Order’’). 

2 In this Order, we adopted only the proposals 

concerning International Fixed Public Radio and 

International High Frequency Broadcast Stations 

raised in paragraphs 55 and 56 in the Further 

Notice of Proposed Rulemaking in the FY 2008 

Report and Order. The remaining outstanding 

matters stemming from the August 8, 2008 Further 

Notice of Proposed Rulemaking may, however, be 

decided at a later time in a separate Report and 

Order. See FY 2008 Report and Order. 

3See 47 CFR Part 23. 

4See 47 CFR Part 73, Subpart F. 

5FY 2008 Report and Order at paragraph 55. 

6FY 2008 Report and Order at paragraph 55. 

7FY 2008 Report and Order at paragraph 56. 

8 47 U.S.C. 159(b)(3). 

9 47 U.S.C. 159(b)(4)(B). 

10The RFA, see 5 U.S.C. 601 et seq. has been 

amended by the Contract With America 

Advancement Act of 1996, Public Law 104–121, 

110 Stat. 847 (1996) (CWAAA). Title II of the 

CWAAA is the Small Business Regulatory 

Enforcement Fairness Act of 1996 (SBREFA). 11 5 U.S.C. 605(b). 12 5 U.S.C. 601(6). 13 5 U.S.C. 601(3) (incorporating by reference the 

definition of ‘‘small business concern’’ in Small 

Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. 

601(3), the statutory definition of a small business 

applies ‘‘unless an agency, after consultation with 

the Office of Advocacy of the Small Business 

Administration and after opportunity for public 

comment, establishes one or more definitions of 

such term which are appropriate to the activities of 

the agency and publishes such definition(s) in the 

Federal Register.’’ 14Small Business Act, 15 U.S.C. 632. 15See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601– 

612, has been amended by the Small Business 

Regulatory Enforcement Fairness Act of 1996 

(SBREFA), Public Law 104–121, Title II, 110 Stat. 

857 (1996). 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300 [Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘Southern 

California Edison Co. (Visalia) Visalia, 

CA.’’ 

[FR Doc. E9–17562 Filed 7–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[MD Docket No. 08–65; FCC 09–38] 

Assessment and Collection of 

Regulatory Fees for Fiscal Year 2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, pursuant to 

section 9(b)(3) of the Communications 

Act, we eliminate two international 

regulatory fee categories from our 

Schedule of Regulatory Fees— 

International Public Fixed and 

International High Frequency (HF) 

Broadcast Stations. 

DATES: Effective August 18, 2009, which 

is 90 days from the date of notification 

to Congress pursuant to section 9(b)(3) 

of the Communications Act. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Daly, Office of Managing Director 

at (202) 418–1832. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order, 

MD Docket 08–65, FCC 09–38, adopted 

on May 11, 2009 and released on May 

14, 2009. The full text of this document 

is available on the Commission’s 

Internet site at http://www.fcc.gov. It is 

also available for inspection and 

copying during regular business hours 

in the FCC Reference Center (Room CY– 

A257), 445 12th St., SW., Washington, 

DC 20554. The full text of this 

document also may be purchased from 

the Commission’s duplication 

contractor, Best Copy and Printing Inc., 

Portals II, 445 12th St., SW., Room CY– 

B402, Washington, DC 20554; telephone 

(202) 488–5300; fax (202) 488–5563; 

e-mail FCC@BCPIWEB.COM. The 

Commission will send a copy of this 

Order to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Summary of the Report and Order 

1. In our FY 2008 Report and Order,1

we sought comment on eliminating 

several categories of services from our 

schedule of regulatory fees.2 We 

received no comments on these 

proposals. For the reasons set forth 

below, we eliminate the regulatory fee 

categories for International Public Fixed 

Radio 3 and International High 

Frequency Broadcast Stations.4

2. There is only one licensee in the 

International Public Fixed Radio 

category. In the FY 2008 Report and 

Order we stated that we did not expect 

any additional licensees or applications 

in this fee category, and that this 

category did not generate any regulatory 

fee revenue for the Commission in FY 

2008.5 As a result, we proposed in our 

FY 2008 Report and Order to eliminate 

this category from our schedule of 

regulatory fees in order to reduce the 

administrative burden on the 

Commission in assessing this regulatory 

fee category.6 We received no comments 

on this issue. We, therefore, eliminate 

this category from the regulatory fee 

schedule. 

3. There are only 25 licensed stations 

in the International High Frequency 

Broadcast Stations category. In FY 2008, 

two entities made payments in this fee 

category totaling $1,720. In the FY 2008 

Report and Order we observed that most 

of these licensees are tax-exempt 

organizations (and exempt from paying 

regulatory fees), and as a result, we 

proposed to eliminate this category from 

our schedule of regulatory fees in order 

to reduce the administrative burden on 

the Commission.7 We did not receive 

any comments on this issue. We, 

therefore, eliminate this category from 

the regulatory fee schedule. 

4. Pursuant to section 9(b)(3) of the 

Act, we eliminate the International 

Public Fixed Radio and International 

High Frequency Broadcast Station fee 

categories from our schedule of 

regulatory fees.8 Section 9(b)(4)(B) of the 

Act requires us to notify Congress 90 

days before the effective date of this rule 

change.9 In letters dated May 20, 2009, 

we provided Congress notification of 

this Order. These permitted 

amendments to our fee schedule will 

become effective on August 18, 2009, 

which is 90 days after notification to 

Congress, if there is no Congressional 

objection. 

5. A final regulatory flexibility 

certification for the changes adopted in 

the Order herein is contained below. 

The Commission will send a copy of the 

Order, including the final regulatory 

flexibility certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Final Regulatory Flexibility 

Certification 

6. The Regulatory Flexibility Act of 

1980, as amended (RFA) 10 requires that 

a regulatory flexibility analysis be 

prepared for rulemaking proceedings, 

unless the agency certifies that ‘‘the rule 

will not have a significant economic 

impact on a substantial number of small 

entities.’’ 11 The RFA generally defines 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ 12 In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act.13 A small business 

concern is one which: (1) Is 

independently owned and operated; (2) 

is not dominant in its field of operation; 

and (3) satisfies any additional criteria 

established by the Small Business 

Administration (SBA).14

7. As required by the RFA,15 an Initial 

Regulatory Flexibility Analysis (IRFA) 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations 36949 

16See Assessment and Collection of Regulatory 

Fees for Fiscal Year 2008, MD Docket No. 08–65, 

Report and Order and Further Notice of Proposed 

Rulemaking, 24 FCC Rcd 6389 (2008) (‘‘FY 2008 

Report and Order’’) at Appendix B. 

17See 47 CFR Part 23. 

18See 47 CFR Part 73, Subpart F. 

19FY 2008 Report and Order at paragraph 55. 

20FY 2008 Report and Order at paragraph 56. 

was incorporated in the Commission’s 

Further Notice of Proposed 

Rulemaking.16 The Commission sought 

written public comment on the 

proposals in the Further Notice of 

Proposed Rulemaking, including 

comment on the IRFA. 

8. In our Further Notice of Proposed 

Rulemaking we sought comment on 

eliminating several categories of 

services from our schedule of regulatory 

fees. We received no comments on these 

proposals. For the reasons set forth 

below, in the Order contained herein, 

we eliminate the regulatory fee 

categories for International Public Fixed 

Radio 17 and International High 

Frequency Broadcast Stations.18 There 

is only one licensee in the International 

Public Fixed Radio category. In the 

Further Notice of Proposed Rulemaking 

we stated that we did not expect any 

additional licensees or applications in 

this category, and it did not generate 

any regulatory fee revenue for the 

Commission in FY 2008.19 Eliminating 

this category from our schedule of 

regulatory fees will not have not have a 

significant economic impact on a 

substantial number of small entities. In 

the International High Frequency 

Broadcast Stations category, there are 

only 25 licensed stations. In the Further 

Notice of Proposed Rulemaking we 

observed that most of these licensees are 

tax-exempt organizations that are 

exempt from payment of regulatory 

fees.20 In FY 2008, two entities made 

payments in this fee category; those 

payments totaled $1,720. Eliminating 

this category from our schedule of 

regulatory fees will not have not have a 

significant economic impact on a 

substantial number of small entities. 

9. Certification: Therefore, we certify 

that the requirements of this Order will 

not have a significant economic impact 

on a substantial number of small 

entities. 

10. Report to Small Business 

Administration: The Commission will 

send a copy of this Order, including a 

copy of the Final Regulatory Flexibility 

Certification to the Chief Counsel for 

Advocacy of the Small Business 

Administration. The Order and Final 

Regulatory Flexibility Certification (or 

summaries thereof) will also be 

published in the Federal Register. 

11. Report to Congress: The 

Commission will send a copy of this 

Final Regulatory Flexibility 

Certification, along with this Order, in 

a report to Congress pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

Ordering Clauses 

12. Accordingly, it is ordered that, 

pursuant to sections 4(i) and (j), 9, and 

303(r) of the Communications Act of 

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

154(j), 159, and 303(r), this Order is 

hereby adopted. 

13. It is further ordered that Part 1 of 

the Commission’s rules are amended as 

set forth herein, and these rules shall 

become effective 90 days after 

Congressional notification. 

14. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order, including the Final 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

U.S. Small Business Administration. 

List of Subjects in 47 CFR Part 1 

Administrative practice and 

procedure. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Rule Changes 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 1 to 

read as follows: 

PART 1—PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for Part 1 

continues to read as follows: 

Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 

151, 154(i), 154(j), 155, 157, 225, 303(r), and 

309. 

■ 2. Section 1.1156(a) is revised to read 

as follows: 

§ 1.1156 Schedule of regulatory fees and 

filing locations for International Services. 

(a) The following schedule applies for 

the listed services: 

Fee amount Address 

(1) Space Stations (Geostationary Orbit) ................................................... .................................................. FCC, Space Stations. 

(2) Space Stations (Non-Geostationary Orbit) ............................................ .................................................. FCC, Space Stations. 

(3) Earth Stations: Transmit/Receive & Transmit only (per authorization 

or registration).

.................................................. FCC, Earth Station. 


rmajette on DSK29S0YB1PROD with RULES
36950 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Rules and Regulations 

* * * * * 

[FR Doc. E9–17813 Filed 7–24–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 09100091344–9056–02] 

RIN 0648–XQ51 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the West Yakutat District of 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 Pacific ocean perch by 

catcher processors participating in the 

limited access or opt-out fisheries that 

are subject to sideboard limits 

established under the Central Gulf of 

Alaska (GOA) Rockfish Pilot Program 

(RPP) in the Western Yakutat District of 

the GOA. This action is necessary to 

prevent exceeding the 2009 sideboard 

limits of Pacific ocean perch established 

for catcher processors participating in 

the limited access or opt-out fisheries in 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 22, 2009, through 1200 

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

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 MagnusonStevens 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 ocean perch 

sideboard limit established for catcher 

processors participating in the limited 

access or opt-out fisheries that are 

subject to sideboard limits in the RPP in 

the West Yakutat District is 727 metric 

tons (mt). The sideboard limit is 

established by the final 2009 and 2010 

harvest specifications for groundfish of 

the GOA (74 FR 7333, February 17, 

2009) and as posted as the 2009 

Rockfish Program Catcher Processor 

Sideboards at 

http://alaskafisheries.noaa.gov/ 

sustainablefisheries/goarat/default.htm. 

In accordance with 

§ 679.82(d)(7)(i)(A), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator) has determined that the 

2009 Pacific ocean perch sideboard 

limit established for catcher processors 

participating in the limited access or 

opt-out fisheries in the West Yakutat 

District of the GOA has been reached. 

The Regional Administrator is 

establishing the full sideboard limit as 

a directed fishing allowance of 727 mt, 

because no other groundfish fisheries 

are anticipated that would require a set 

aside of Pacific ocean perch as bycatch. 

Consequently, pursuant to 

§ 679.82(d)(7)(ii) NMFS is prohibiting 

directed fishing for Pacific ocean perch 

by vessels subject to the sideboard 

sideboard limit established for catcher 

processors participating in the limited 

access or opt-out fisheries in the West 

Yakutat District. 

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. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific ocean perch 

sideboard limit for catcher processors 

participating in the limited access or 

opt-out fisheries in the Western 

Regulatory Area. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of July 21, 2009. 

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 § 679.82 

and is exempt from review under 

Executive Order 12866. 

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

Dated: July 22, 2009. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17835 Filed 7–22–09; 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–XQ52 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pelagic Shelf 

Rockfish by Vessels Subject to 

Amendment 80 Sideboard Limits in the 

Western Regulatory Area of 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 pelagic shelf rockfish (PSR) 

by Amendment 80 vessels subject to 

sideboard limits in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the 2009 PSR 

sideboard limit established for 

Amendment 80 vessels subject to 

sideboard limits in the Western 

Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 22, 2009, until 2400 

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

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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 MagnusonStevens 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. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 679. 

The 2009 PSR sideboard limit 

established for Amendment 80 vessels 

subject to sideboard limits in the 


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