Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch by Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery in the Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area, 24184-24185 [08-1206]

Download as PDF 24184 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations TABLE 3.—REDUCED POWER FOR PART 27—MISCELLANEOUS BASE STATION ANTENNA HEIGHTS WIRELESS COMMUNICATIONS OVER 300 METERS, WITH EMISSION SERVICES BANDWIDTH OF 1 MHZ OR LESS I 3. The authority citation for part 27 HAAT in meters ebenthall on PRODPC60 with RULES ≤300 .......................................... ≤500 .......................................... ≤1000 ........................................ ≤1500 ........................................ ≤2000 ........................................ Maximum EIRP watts 3280 2140 980 540 320 continues to read as follows: Authority: 47 U.S.C. 154, 301, 302, 303, 307, 309, 332, 336, and 337 unless otherwise noted. I 4. Revise § 27.50(d) to read as follows: § 27.50 Power and antenna height limits. * * * * (d) The following power and antenna height requirements apply to stations TABLE 4.—REDUCED POWER FOR transmitting in the 1710–1755 MHz and BASE STATION ANTENNA HEIGHTS 2110–2155 MHz bands: OVER 300 METERS, WITH EMISSION (1) The power of each fixed or base BANDWIDTH GREATER THAN 1 MHZ station transmitting in the 2110–2155 MHz band and located in any county Maximum with population density of 100 or fewer HAAT in meters EIRP persons per square mile, based upon the watts/MHz most recently available population ≤300 .......................................... 3280 statistics from the Bureau of the Census, ≤500 .......................................... 2140 is limited to: (A) an equivalent isotropically ≤1000 ........................................ 980 radiated power (EIRP) of 3280 watts ≤1500 ........................................ 540 ≤2000 ........................................ 320 when transmitting with an emission bandwidth of 1 MHz or less; (B) an EIRP of 3280 watts/MHz when (c) Mobile and portable stations are transmitting with an emission limited to 2 watts EIRP and the bandwidth greater than 1 MHz. equipment must employ a means for (2) The power of each fixed or base limiting power to the minimum station transmitting in the 2110–2155 necessary for successful MHz band and situated in any geographic location other than that communications. described in paragraph (d)(1) is limited (d) Power measurements for to: transmissions by stations authorized (A) an equivalent isotropically under this section may be made either radiated power (EIRP) of 1640 watts in accordance with a Commissionwhen transmitting with an emission approved average power technique or in bandwidth of 1 MHz or less; compliance with paragraph (e) of this (B) an EIRP of 1640 watts/MHz when section. In both instances, equipment transmitting with an emission employed must be authorized in bandwidth greater than 1 MHz. accordance with the provisions of (3) A licensee operating a base or § 24.51. In measuring transmissions in fixed station in the 2110–2155 MHz this band using an average power band utilizing a power greater than 1640 technique, the peak-to-average ratio watts EIRP and greater than 1640 watts/ (PAR) of the transmission may not MHz EIRP must coordinate such exceed 13 dB. operations in advance with all Government and non-Government (e) Peak transmit power must be satellite entities in the 2025–2110 MHz measured over any interval of band. Operations with power greater continuous transmission using than 1640 watts EIRP and greater than instrumentation calibrated in terms of 1640 watts/MHz EIRP must be an rms-equivalent voltage. The coordinated in advance with the measurement results shall be properly adjusted for any instrument limitations, following licensees authorized to such as detector response times, limited operate within 120 kilometers (75 miles) of the base or fixed station operating in resolution bandwidth capability when this band: all Broadband Radio Service compared to the emission bandwidth, (BRS) licensees authorized under part sensitivity, etc., so as to obtain a true 27 in the 2155–2160 MHz band and all peak measurement for the emission in advanced wireless services (AWS) question over the full bandwidth of the licensees authorized to operate on channel. adjacent frequency blocks in the 2110– Note to § 24.232: Height above average 2155 MHz band. terrain (HAAT) is to be calculated using the (4) Fixed, mobile, and portable (handmethod set forth in § 24.53 of this part. held) stations operating in the 1710– VerDate Aug<31>2005 15:19 May 01, 2008 Jkt 214001 * PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 1755 MHz band are limited to 1 watt EIRP. Fixed stations operating in this band are limited to a maximum antenna height of 10 meters above ground. Mobile and portable stations operating in this band must employ a means for limiting power to the minimum necessary for successful communications. (5) Equipment employed must be authorized in accordance with the provisions of § 24.51. Power measurements for transmissions by stations authorized under this section may be made either in accordance with a Commission-approved average power technique or in compliance with paragraph (d)(6) of this section. In measuring transmissions in this band using an average power technique, the peak-to-average ratio (PAR) of the transmission may not exceed 13 dB. (6) Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel. * * * * * [FR Doc. E8–9752 Filed 5–1–08; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 071106673-8011-02] RIN 0648–XH62 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch by Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery in the Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the Bering Sea and Aleutian Islands (BSAI) trawl E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 73, No. 86 / Friday, May 2, 2008 / Rules and Regulations ebenthall on PRODPC60 with RULES limited access fishery in the Eastern Aleutian District of the BSAI. This action is necessary to prevent exceeding the 2008 Pacific ocean perch allowable catch (TAC) allocated to vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 29, 2008, through 2400 hrs, A.l.t., December 31, 2008. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (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 2008 Pacific ocean perch TAC allocated as a directed fishing allowance to vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI is VerDate Aug<31>2005 15:19 May 01, 2008 Jkt 214001 214 metric tons (mt) as established by the 2008 and 2009 final harvest specifications for groundfish in the BSAI (73 FR 10160, February 26, 2008). In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2008 Pacific ocean perch TAC allocated to vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch by vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI. 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 24185 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 by vessels participating in the BSAI trawl limited access fishery in the Eastern Aleutian District of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of April 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. This action is required by § 679.20 and § 679.91 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 29, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–1206 Filed 4–29–08; 12:41 pm] BILLING CODE 3510–22–S E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 73, Number 86 (Friday, May 2, 2008)]
[Rules and Regulations]
[Pages 24184-24185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1206]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 071106673-8011-02]
RIN 0648-XH62


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific 
Ocean Perch by Vessels in the Bering Sea and Aleutian Islands Trawl 
Limited Access Fishery in the Eastern Aleutian District of the Bering 
Sea and Aleutian Islands Management Area

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch 
by vessels participating in the Bering Sea and Aleutian Islands (BSAI) 
trawl

[[Page 24185]]

limited access fishery in the Eastern Aleutian District of the BSAI. 
This action is necessary to prevent exceeding the 2008 Pacific ocean 
perch allowable catch (TAC) allocated to vessels participating in the 
BSAI trawl limited access fishery in the Eastern Aleutian District of 
the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), April 29, 2008, 
through 2400 hrs, A.l.t., December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(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 2008 Pacific ocean perch TAC allocated as a directed fishing 
allowance to vessels participating in the BSAI trawl limited access 
fishery in the Eastern Aleutian District of the BSAI is 214 metric tons 
(mt) as established by the 2008 and 2009 final harvest specifications 
for groundfish in the BSAI (73 FR 10160, February 26, 2008).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS (Regional Administrator), has determined that the 
2008 Pacific ocean perch TAC allocated to vessels participating in the 
BSAI trawl limited access fishery in the Eastern Aleutian District of 
the BSAI has been reached. Consequently, NMFS is prohibiting directed 
fishing for Pacific ocean perch by vessels participating in the BSAI 
trawl limited access fishery in the Eastern Aleutian District of the 
BSAI.
    After the effective date of this closure the maximum retainable 
amounts at Sec.  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 by vessels participating 
in the BSAI trawl limited access fishery in the Eastern Aleutian 
District of the BSAI. NMFS was unable to publish a notice providing 
time for public comment because the most recent, relevant data only 
became available as of April 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.
    This action is required by Sec.  679.20 and Sec.  679.91 and is 
exempt from review under Executive Order 12866.

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

    Dated: April 29, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-1206 Filed 4-29-08; 12:41 pm]
BILLING CODE 3510-22-S
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