Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-grouper Fishery of the South Atlantic; Closure of the 2009 Commercial Fishery for Black Sea Bass in the South Atlantic, 22710-22711 [E9-11298]

Download as PDF 22710 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations and digital voice communications are prohibited. Although this transmitter has been approved by the Federal Communications Commission, there is no guarantee that it will not receive interference or that any particular transmission from this transmitter will be free from interference.’’ § 95.1217 Labeling requirements. Marketing limitations. Transmitters intended for operation in the MedRadio Service may be marketed and sold only for the permissible communications described in § 95.1209. jlentini on PROD1PC65 with RULES § 95.1221 RF exposure. MedRadio medical implant or medical body-worn transmitters (as defined in appendix 1 to subpart E of part 95 of this chapter) are subject to the radiofrequency radiation exposure requirements specified in §§ 1.1307 and 2.1093 of this chapter, as appropriate. Applications for equipment authorization of implant devices operating under this section must contain a finite difference time domain (FDTD) computational modeling report showing compliance with these provisions for fundamental emissions. The Commission retains the discretion VerDate Nov<24>2008 18:53 May 13, 2009 Jkt 217001 [FR Doc. E9–11063 Filed 5–13–09; 8:45 am] BILLING CODE 6712–01–C FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 (a) MedRadio programmer/control transmitters shall be labeled as provided in part 2 of this chapter and shall bear the following statement in a conspicuous location on the device: ‘‘This device may not interfere with stations operating in the 400.150– 406.000 MHz band in the Meteorological Aids, Meteorological Satellite, and Earth Exploration Satellite Services and must accept any interference received, including interference that may cause undesired operation.’’ The statement may be placed in the instruction manual for the transmitter where it is not feasible to place the statement on the device. (b) Where a MedRadio programmer/ control transmitter is constructed in two or more sections connected by wire and marketed together, the statement specified in this section is required to be affixed only to the main control unit. (c) MedRadio transmitters shall be identified with a serial number. The FCC ID number associated with a medical implant transmitter and the information required by § 2.925 of this chapter may be placed in the instruction manual for the transmitter and on the shipping container for the transmitter, in lieu of being placed directly on the transmitter. § 95.1219 to request the submission of specific absorption rate measurement data. [DA 09–989; MB Docket No. 09–33; RM– 11521] Television Broadcasting Services; Derby, KS AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The Commission grants a petition for rulemaking filed by Entravision Holdings, LLC, the permittee of station KDCU–DT, to substitute DTV channel 31 for posttransition DTV channel 46 at Derby, Kansas. DATES: This rule is effective May 14, 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. 09–33, adopted April 27, 2009, and released April 30, 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 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 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 Kansas, is amended by adding DTV channel 31 and removing DTV channel 46 at Derby. ■ Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–11207 Filed 5–13–09; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XP20 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; Closure of the 2009 Commercial Fishery for Black Sea Bass in the South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial fishery for black sea bass in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined that the quota for the commercial E:\FR\FM\14MYR1.SGM 14MYR1 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations jlentini on PROD1PC65 with RULES fishery for black sea bass will have been reached by May 15, 2009. This closure is necessary to protect the black sea bass resource. DATES: Closure is effective 12:01 a.m., local time, May 15, 2009, until 12:01 a.m., local time, on June 1, 2009. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–824– 5305, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Those regulations set the commercial quota for black sea bass in the South Atlantic at 309,000 lb (140,160 kg) for the current fishing year, June 1, 2008, through May 31, 2009. Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined that the available commercial quota of 309,000 lb (140,160 kg) for black sea bass will be reached on or before May 15, 2009. Accordingly, VerDate Nov<24>2008 18:53 May 13, 2009 Jkt 217001 NMFS is closing the commercial fishery for black sea bass in the South Atlantic EEZ from 12:01 a.m., local time, on May 15, 2009, until 12:01 a.m., local time, on June 1, 2009. The operator of a vessel that is landing black sea bass for sale, including a charter vessel or headboat that has a commercial permit for snapper-grouper, must have landed and bartered, traded, or sold such black sea bass prior to 12:01 a.m., local time, May 15, 2009, and all sea bass pots must be removed from the EEZ as of that time and date. During the closure, the applicable bag and possession limits specified in 50 CFR 622.39(d) apply to all harvest or possession of black sea bass in or from the South Atlantic EEZ, and the sale or purchase of black sea bass taken from the EEZ is prohibited. In addition, those bag and possession limits and the prohibition on sale or purchase of black sea bass apply regardless of where the black sea bass were harvested, i.e., in state waters or the EEZ, on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snappergrouper has been issued. The prohibition on sale or purchase does not apply to sale or purchase of black sea bass that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, May 15, 2009, and were held in cold storage by a dealer or processor. Classification This action responds to the best available information recently obtained PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 22711 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 prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has already been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: May 8, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–11298 Filed 5–11–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\14MYR1.SGM 14MYR1

Agencies

[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Rules and Regulations]
[Pages 22710-22711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11298]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XP20


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-grouper Fishery of the South Atlantic; Closure of the 2009 
Commercial Fishery for Black Sea Bass in the South Atlantic

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial fishery for black sea bass in the 
exclusive economic zone (EEZ) of the South Atlantic. NMFS has 
determined that the quota for the commercial

[[Page 22711]]

fishery for black sea bass will have been reached by May 15, 2009. This 
closure is necessary to protect the black sea bass resource.

DATES: Closure is effective 12:01 a.m., local time, May 15, 2009, until 
12:01 a.m., local time, on June 1, 2009.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail Catherine.Bruger@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). The FMP was 
prepared by the South Atlantic Fishery Management Council and is 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622. Those regulations set the commercial quota for 
black sea bass in the South Atlantic at 309,000 lb (140,160 kg) for the 
current fishing year, June 1, 2008, through May 31, 2009.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
Based on current statistics, NMFS has determined that the available 
commercial quota of 309,000 lb (140,160 kg) for black sea bass will be 
reached on or before May 15, 2009. Accordingly, NMFS is closing the 
commercial fishery for black sea bass in the South Atlantic EEZ from 
12:01 a.m., local time, on May 15, 2009, until 12:01 a.m., local time, 
on June 1, 2009. The operator of a vessel that is landing black sea 
bass for sale, including a charter vessel or headboat that has a 
commercial permit for snapper-grouper, must have landed and bartered, 
traded, or sold such black sea bass prior to 12:01 a.m., local time, 
May 15, 2009, and all sea bass pots must be removed from the EEZ as of 
that time and date.
    During the closure, the applicable bag and possession limits 
specified in 50 CFR 622.39(d) apply to all harvest or possession of 
black sea bass in or from the South Atlantic EEZ, and the sale or 
purchase of black sea bass taken from the EEZ is prohibited. In 
addition, those bag and possession limits and the prohibition on sale 
or purchase of black sea bass apply regardless of where the black sea 
bass were harvested, i.e., in state waters or the EEZ, on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued. The 
prohibition on sale or purchase does not apply to sale or purchase of 
black sea bass that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, May 15, 2009, and were held in cold storage by 
a dealer or processor.

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 prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself has already 
been subject to notice and comment, and all that remains is to notify 
the public of the closure. Allowing prior notice and opportunity for 
public comment is contrary to the public interest because of the need 
to immediately implement this action to protect the fishery since the 
capacity of the fishing fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would require time and 
would potentially result in a harvest well in excess of the established 
quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: May 8, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-11298 Filed 5-11-09; 4:15 pm]
BILLING CODE 3510-22-S