Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska, 6054-6055 [08-458]

Download as PDF 6054 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations framework of rules has been established. We believe it is appropriate to provide stakeholders and the public with an opportunity to weigh in on these matters; therefore the Third Further Notice seeks comment on some specific applications of these general rules. II. Procedural Matters A. Third Report and Order 1. Final Regulatory Flexibility Analysis 72. As required by the Regulatory Flexibility Act of 1980 (‘‘RFA’’), the Commission has prepared a Final Regulatory Flexibility Analysis (‘‘FRFA’’) relating to this Third Report and Order. The FRFA is set forth in Appendix A of the order. 2. Final Paperwork Reduction Act Analysis 73. This Third Report and Order contains modified information collection requirements subject to the Paperwork Reduction Act of 1995 (‘‘PRA’’), Public Law 104–13. The modified information collection requirements relate solely to Office of Management and Budget (‘‘OMB’’) Control No. 3060–0647, the Commission’s Annual Cable Price Survey. They will be submitted to OMB for review under section 3507(d) of the PRA. OMB, the general public, and other Federal agencies will be invited to comment on the modified information collection requirements contained in this proceeding. The Commission will publish a separate Federal Register Notice at a later date seeking these PRA comments from the public. In addition, we note that pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4), we have considered how the Commission might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ We find that the modified requirements must apply fully to small entities (as well as to others) to protect consumers and further other goals, as described in the Order. pwalker on PROD1PC71 with PROPOSALS 3. Congressional Review Act 74. The Commission will send a copy of this Third Report and Order in a report to be sent to Congress and the Government Accountability Office, pursuant to the Congressional Review Act. III. Ordering Clauses 75. It is ordered that, pursuant to the authority contained in sections 4, 303, 614, and 615 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 303, 534, and 535, this Third Report and VerDate Aug<31>2005 18:27 Jan 31, 2008 Jkt 214001 Order and Third Further Notice of Proposed Rule Making is adopted and the Commission’s Rules are hereby amended as set forth in Appendix C of the order. 76. It is further ordered that this Third Report and Order and the rules in Appendix C are adopted and shall be effective March 3, 2008. The modified information collection requirements concerning the Annual Cable Price Survey will become effective upon approval by the Office of Management and Budget and our publication in the Federal Register of a notice announcing the effective date of the modified requirements. 77. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Third Report and Order and Third Further Notice of Proposed Rule Making, including the Initial and Final Regulatory Flexibility Analyses, to the Chief Counsel for Advocacy of the Small Business Administration. 78. It is further ordered that the Commission shall send a copy of this Third Report and Order and Third Further Notice of Proposed Rule Making in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 76 Cable television. Federal Communications Commission. Marlene H. Dortch, Secretary. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 76 as follows: I PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE 1. The authority citation for part 76 continues to read as follows: I Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573. 2. Section 76.56 is amended by adding paragraphs (d)(3), (d)(4), (d)(5) and paragraph (f) to read as follows: I § 76.56 Signal carriage obligations. * * * * * (d) * * * (3) The viewability and availability requirements of this section require that, after the broadcast television transition PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 from analog to digital service for full power television stations cable operators must either: (i) Carry the signals of commercial and non-commercial must-carry stations in analog format to all analog cable subscribers, or (ii) For all-digital systems, carry those signals in digital format, provided that all subscribers, including those with analog television sets, that are connected to a cable system by a cable operator or for which the cable operator provides a connection have the necessary equipment to view the broadcast content. (4) Any costs incurred by a cable operator in downconverting or carrying alternative-format versions of signals under § 76.56(d)(3)(i) or (ii) shall be the responsibility of the cable operator. (5) The requirements set forth in paragraph (d)(3) of this section shall cease to be effective three years from the date on which all full-power television stations cease broadcasting analog signals, unless the Commission extends the requirements in a proceeding to be conducted during the year preceding such date. * * * * * (f) Calculation of Broadcast Signals Carried. When calculating the portion of a cable system devoted to carriage of local commercial television stations under paragraph (b) of this section, a cable operator may count the primary video and program-related signals of all such stations, and any alternativeformat versions of those signals, that they carry. 3. Section 76.62 is amended by revising paragraph (b) and adding paragraph (h) to read as follows: I § 76.62 Manner of carriage. * * * * * (b) Each digital television broadcast signal carried shall be carried without material degradation. Each analog television broadcast signal carried shall be carried without material degradation and in compliance with technical standards set forth in subpart K of this part. * * * * * (h) If a digital television broadcast signal is carried in accordance with § 76.62(b) and either (c) or (d), the carriage of that signal in additional formats does not constitute material degradation. [FR Doc. E8–1915 Filed 1–31–08; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 73, No. 22 / Friday, February 1, 2008 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XF44 Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species Fishery by Amendment 80 Vessels Subject to Sideboard Limits in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: pwalker on PROD1PC71 with PROPOSALS SUMMARY: NMFS is opening directed fishing for species that comprise the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the Gulf of Alaska (GOA). This action is necessary to fully use the first seasonal apportionment of the 2008 Pacific halibut prohibited species catch (PSC) limit specified for the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 29, 2008, through 1200 hrs, A.l.t., April 1, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., February 13, 2008. ADDRESSES: You may submit comments, identified by 0648–XF44, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov; • Mail: P.O. Box 21668, Juneau, AK 99802; • FAX: (907) 586–7557; or • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries VerDate Aug<31>2005 18:27 Jan 31, 2008 Jkt 214001 Division, Alaska Region, NMFS, Attn: Ellen Sebastian. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 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 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. NMFS closed the directed fishery for the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA under § 679.20(d)(1)(iii) on January 23, 2008 (73 FR 4760, January 28, 2008). NMFS has determined that approximately 10 mt remain in the first seasonal apportionment of the 2008 Pacific halibut PSC limit specified for the shallow-water fishery by Amendment 80 vessels subject to sideboard limits in the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize the first seasonal apportionment of the 2008 Pacific halibut PSC limit specified for the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA, NMFS is terminating the previous closure and is reopening directed fishing for shallow-water species by PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 6055 Amendment 80 vessels subject to sideboard limits in the GOA. 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 opening of the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 28, 2008. 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. Without this inseason adjustment, NMFS could not allow the fishery for shallow-water species by Amendment 80 vessels subject to sideboard limits in the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until February 13, 2008. This action is required by § 679.20 and § 679.25 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: January 29, 2008. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–458 Filed 1–29–08; 2:25 pm] BILLING CODE 3510–22–S E:\FR\FM\01FER1.SGM 01FER1

Agencies

[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Rules and Regulations]
[Pages 6054-6055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-458]



[[Page 6055]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213032-7032-01]
RIN 0648-XF44


Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-
Water Species Fishery by Amendment 80 Vessels Subject to Sideboard 
Limits in the Gulf of Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; modification of a closure.

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SUMMARY:  NMFS is opening directed fishing for species that comprise 
the shallow-water species fishery by Amendment 80 vessels subject to 
sideboard limits in the Gulf of Alaska (GOA). This action is necessary 
to fully use the first seasonal apportionment of the 2008 Pacific 
halibut prohibited species catch (PSC) limit specified for the shallow-
water species fishery by Amendment 80 vessels subject to sideboard 
limits in the GOA.

DATES:  Effective 1200 hrs, Alaska local time (A.l.t.), January 29, 
2008, through 1200 hrs, A.l.t., April 1, 2008. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
February 13, 2008.

ADDRESSES:  You may submit comments, identified by 0648-XF44, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal website at https://
www.regulations.gov;
     Mail: P.O. Box 21668, Juneau, AK 99802;
     FAX: (907) 586-7557; or
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK. Send comments to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region, 
NMFS, Attn: Ellen Sebastian.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:  Jennifer Hogan, 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.
    NMFS closed the directed fishery for the shallow-water species 
fishery by Amendment 80 vessels subject to sideboard limits in the GOA 
under Sec.  679.20(d)(1)(iii) on January 23, 2008 (73 FR 4760, January 
28, 2008).
    NMFS has determined that approximately 10 mt remain in the first 
seasonal apportionment of the 2008 Pacific halibut PSC limit specified 
for the shallow-water fishery by Amendment 80 vessels subject to 
sideboard limits in the GOA. Therefore, in accordance with Sec.  
679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully utilize 
the first seasonal apportionment of the 2008 Pacific halibut PSC limit 
specified for the shallow-water species fishery by Amendment 80 vessels 
subject to sideboard limits in the GOA, NMFS is terminating the 
previous closure and is reopening directed fishing for shallow-water 
species by Amendment 80 vessels subject to sideboard limits in the GOA.

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 opening of the shallow-water species fishery by 
Amendment 80 vessels subject to sideboard limits in the GOA. NMFS was 
unable to publish a notice providing time for public comment because 
the most recent, relevant data only became available as of January 28, 
2008.
    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.
    Without this inseason adjustment, NMFS could not allow the fishery 
for shallow-water species by Amendment 80 vessels subject to sideboard 
limits in the GOA to be harvested in an expedient manner and in 
accordance with the regulatory schedule. Under Sec.  679.25(c)(2), 
interested persons are invited to submit written comments on this 
action to the above address until February 13, 2008.
    This action is required by Sec.  679.20 and Sec.  679.25 and is 
exempt from review under Executive Order 12866.

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

    Dated: January 29, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-458 Filed 1-29-08; 2:25 pm]
BILLING CODE 3510-22-S

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