Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Nomenclature Change to Rename the “Haddock Rope Trawl” the “Ruhle Trawl”; Final Rule, 52214-52216 [E8-20924]
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52214
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations
filed by SHU. See also Supplemental
Information.
DATES: Effective October 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s
Memorandum Opinion and Order, MB
Docket No. 03–44, adopted August 20,
2008, and released August 22, 2008. The
full text of this Commission decision is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC. The complete text of
this decision may also be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
Washington, DC 20054, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com. The Commission
will send a copy of the Memorandum
Opinion and Order in this proceeding 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).
At the request of Isabel Sepulveda,
Inc., the Notice of Proposed Rule
Making in this proceeding proposed the
allotment of Channel 277A at Water
Mill, New York. See 68 FR 10682
(March 6, 2003). In response, SHU filed
comments, suggesting the allotment of
Channel 233A in lieu of Channel 277A
at Water Mill in order to avoid
displacement of its translator W277AB,
Noyack, New York. Alternatively, in the
event the Commission rejects the
allotment of Channel 233A at Water
Mill, SHU requested consideration of its
counterproposal to reserve Channel
*277A, reserved for noncommercial
educational (‘‘NCE’’) use, at Noyack and
modify the license for its Station
WSUF(FM), Noyack, from Channel
210B1 to Channel *277A.
The Report and Order allotted
Channel 233A at Water Mill. See 71 FR
9266 (February 23, 2006). Subsequently,
the allotment of Channel 233A at Water
Mill, New York, was inadvertently
removed from the Table of Allotments.
See Revision of Procedures Governing
Amendments to FM Table of Allotments
and Changes of Community of License
in the Radio Broadcast Services, 71 FR
76208 (December 20, 2006).
On reconsideration, the staff deletes
the allotment of Channel 233A at Water
Mill because the original rulemaking
petition, as well as its supporting
comments, did not comply with Section
1.52 of the Commission’s Rules, which
requires that all pleadings filed by
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15:16 Sep 08, 2008
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parties not represented by legal counsel
be signed and verified by the petitioner.
As a result, the removal of Channel
233A at Water Mill becomes official,
and Monroe’s petition for
reconsideration is dismissed as moot.
The document also dismisses SHU’s
counterproposal because it violates our
policy of no longer entertaining optional
or alternative proposals presented in
either an initial rulemaking petition or
a counterproposal. Further, even if the
staff were to consider the merits of
SHU’s counterproposal, the document
concludes that the modification of a
reserved band NCE license to a
nonadjacent channel in the nonreserved
band has been permitted in only limited
circumstances and that this case does
not present such rare circumstances that
would justify the modification.
The document also announces that,
effective with the release of this order,
requests to downgrade and modify a
reserved band FM station to a
nonadjacent, nonreserved band channel
will require the solicitation of
competing expressions of interest,
pursuant to Section 1.420(g) of the
Commission’s Rules. The document also
overrules a policy set forth in Key West,
Florida, and holds that the downgrade
and modification of a nonreserved band
FM station to a nonadjacent channel in
the nonreserved FM band is subject to
the requirements of Section 1.420(g)
regarding the solicitation of competing
expressions of interest and the
availability of an equivalent class
channel to accommodate such
expressions of interest. See Key West
Florida, 50 FR 26,229 (June 25, 1985).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division Media
Bureau.
[FR Doc. E8–20895 Filed 9–8–08; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0808251151–81155–01]
RIN 0648–AX18
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Nomenclature Change to
Rename the ‘‘Haddock Rope Trawl’’
the ‘‘Ruhle Trawl’’; Final Rule
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; nomenclature
change.
AGENCY:
SUMMARY: NMFS changes the name of a
previously approved trawl gear referred
to as the ‘‘Haddock Rope trawl’’ to the
‘‘Ruhle Trawl.’’ The intent of this action
is to recognize the effort of Captain Phil
Ruhle, Sr., who was instrumental in the
development of this gear.
DATES: September 9, 2008
ADDRESSES: Copies of the Technical
Report ‘‘Bycatch Reduction in the
Directed Haddock Bottom Trawl
Fishery’’ and a diagram of the Ruhle
Trawl may be obtained from NMFS at
the following address: National Marine
Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930; telephone (978)
281–9315.
FOR FURTHER INFORMATION CONTACT:
Edward Stern, Fishery Management
Specialist, (978) 281–9177, fax (978)
281–9135, e-mail
edward.stern@NOAA.gov.
At the
request of the New England Fishery
Management Council, NMFS published
a final rule on July 14, 2008 (73 FR
40186), with an effective date of August
13, 2008, that implemented new gear for
use in the Regular B Days At Sea (DAS)
Program and the Eastern U.S./Canada
Haddock Special Access Program (SAP).
The purpose of this new gear is to
reduce discards under the Northeast
(NE) Multispecies Fishery Management
Plan (FMP). In the final rule, and in
other documents relied on for the final
rule, the new gear was referred to as the
‘‘Haddock Rope Trawl’’ or‘‘Eliminator
Trawl.’’ A detailed description of the
need for, and use of, additional types of
trawl gear, and a description of the
review process used to evaluate the
gear’s performance, can be found in the
preamble of the proposed rule (73 FR
29098), published on May 20, 2008.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 73, No. 175 / Tuesday, September 9, 2008 / Rules and Regulations
In 2007, Captain Phil Ruhle, Sr., was
recognized with David Beutel and Laura
Scrobe from the University of Rhode
Island, and fellow fishermen James
O’Grady and Phil Ruhle, Jr., as the grand
prize winners of the 2007 World
Wildlife Fund’s International Smart
Gear Competition. The award credited
Captain Ruhle and his team for
designing the new trawl, then referred
to as ‘‘The Eliminator.’’ The July 14,
2008, final rule approved this gear for
limited use in Federal waters under the
FMP. On July 23, 2008, Captain Phil
Ruhle, Sr., perished when his fishing
vessel, the F/V SEA BREEZE, capsized
and sank in heavy seas off New Jersey.
Renaming the new gear the Ruhle Trawl
is to honor Captain Phil Ruhle, Sr., as
a primary developer of this gear and an
innovator in the fishing industry.
Classification
yshivers on PROD1PC62 with RULES
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
unnecessary. Because prior notice is not
required, no Regulatory Flexibility
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15:16 Sep 08, 2008
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Analysis (RFA) is required and one has
not been prepared. The rule simply
changes the name of the ‘‘Haddock Rope
Trawl’’ to the ‘‘Ruhle Trawl’’. It has no
effect on the gear or the manner in
which it is fished. This rule is not
anticipated to cause confusion in the
fishery, nor will it require significant
remarking of existing gear. This rule
will not impact other regulations. The
AA further finds pursuant to 5 U.S.C.
553(d)(3) good cause to waive the thirty
(30) day delayed effectiveness period for
the reasons stated above. This
nomenclature change is published
pursuant to 50 CFR part 648 and has
been determined to be not significant for
purposes of Executive Order 12866.
Dated: September 3, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority 16 U.S.C. 1801 et seq.
§§ 648.2, 648.14, and 648.85
Section
§ 648.2
§ 648.14
§ 648.85
Remove
haddock
rope trawl
haddock
rope trawl
haddock
rope trawl
Fmt 4700
Sfmt 4700
Add
Ruhle
Trawl
Ruhle
Trawl
Ruhle
Trawl
Frequency
1
1
8
3. Figure 1 to Part 648 is revised to
read as follows:
I
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[Amended]
2. In the table below, for each section
in the left column, remove the name
‘‘haddock rope trawl’’ from wherever it
appears throughout the section and add
the name ‘‘RuhleTrawl’’ indicated in the
right column for the number of times
indicated.
I
I
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[FR Doc. E8–20924 Filed 9–8–08; 8:45 am]
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Agencies
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Rules and Regulations]
[Pages 52214-52216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20924]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0808251151-81155-01]
RIN 0648-AX18
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Nomenclature Change to Rename the ``Haddock Rope
Trawl'' the ``Ruhle Trawl''; Final Rule
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; nomenclature change.
-----------------------------------------------------------------------
SUMMARY: NMFS changes the name of a previously approved trawl gear
referred to as the ``Haddock Rope trawl'' to the ``Ruhle Trawl.'' The
intent of this action is to recognize the effort of Captain Phil Ruhle,
Sr., who was instrumental in the development of this gear.
DATES: September 9, 2008
ADDRESSES: Copies of the Technical Report ``Bycatch Reduction in the
Directed Haddock Bottom Trawl Fishery'' and a diagram of the Ruhle
Trawl may be obtained from NMFS at the following address: National
Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930;
telephone (978) 281-9315.
FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management
Specialist, (978) 281-9177, fax (978) 281-9135, e-mail
edward.stern@NOAA.gov.
SUPPLEMENTARY INFORMATION: At the request of the New England Fishery
Management Council, NMFS published a final rule on July 14, 2008 (73 FR
40186), with an effective date of August 13, 2008, that implemented new
gear for use in the Regular B Days At Sea (DAS) Program and the Eastern
U.S./Canada Haddock Special Access Program (SAP). The purpose of this
new gear is to reduce discards under the Northeast (NE) Multispecies
Fishery Management Plan (FMP). In the final rule, and in other
documents relied on for the final rule, the new gear was referred to as
the ``Haddock Rope Trawl'' or``Eliminator Trawl.'' A detailed
description of the need for, and use of, additional types of trawl
gear, and a description of the review process used to evaluate the
gear's performance, can be found in the preamble of the proposed rule
(73 FR 29098), published on May 20, 2008.
[[Page 52215]]
In 2007, Captain Phil Ruhle, Sr., was recognized with David Beutel
and Laura Scrobe from the University of Rhode Island, and fellow
fishermen James O'Grady and Phil Ruhle, Jr., as the grand prize winners
of the 2007 World Wildlife Fund's International Smart Gear Competition.
The award credited Captain Ruhle and his team for designing the new
trawl, then referred to as ``The Eliminator.'' The July 14, 2008, final
rule approved this gear for limited use in Federal waters under the
FMP. On July 23, 2008, Captain Phil Ruhle, Sr., perished when his
fishing vessel, the F/V SEA BREEZE, capsized and sank in heavy seas off
New Jersey. Renaming the new gear the Ruhle Trawl is to honor Captain
Phil Ruhle, Sr., as a primary developer of this gear and an innovator
in the fishing industry.
Classification
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the
opportunity for public comment because it would be unnecessary. Because
prior notice is not required, no Regulatory Flexibility Analysis (RFA)
is required and one has not been prepared. The rule simply changes the
name of the ``Haddock Rope Trawl'' to the ``Ruhle Trawl''. It has no
effect on the gear or the manner in which it is fished. This rule is
not anticipated to cause confusion in the fishery, nor will it require
significant remarking of existing gear. This rule will not impact other
regulations. The AA further finds pursuant to 5 U.S.C. 553(d)(3) good
cause to waive the thirty (30) day delayed effectiveness period for the
reasons stated above. This nomenclature change is published pursuant to
50 CFR part 648 and has been determined to be not significant for
purposes of Executive Order 12866.
Dated: September 3, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, NMFS amends 50 CFR part 648 as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority 16 U.S.C. 1801 et seq.
Sec. Sec. 648.2, 648.14, and 648.85 [Amended]
0
2. In the table below, for each section in the left column, remove the
name ``haddock rope trawl'' from wherever it appears throughout the
section and add the name ``RuhleTrawl'' indicated in the right column
for the number of times indicated.
------------------------------------------------------------------------
Section Remove Add Frequency
------------------------------------------------------------------------
Sec. 648.2 haddock Ruhle 1
rope trawl Trawl
Sec. 648.14 haddock Ruhle 1
rope trawl Trawl
Sec. 648.85 haddock Ruhle 8
rope trawl Trawl
------------------------------------------------------------------------
0
3. Figure 1 to Part 648 is revised to read as follows:
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[FR Doc. E8-20924 Filed 9-8-08; 8:45 am]
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