Promoting Diversification of Ownership in Broadcast Services, 57260-57261 [E9-26601]

Download as PDF 57260 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations (2) Search time for these purposes refers to manual searching; if the search is performed by computer, the 2 hours provided without charge will be equal to 2 hours’ salary of the person performing the search. (c) No requester will be charged a fee when the Commission determines that the cost of collecting the fee would equal or exceed the fee itself. In determining whether cost of collection would equal or exceed the fee, the allowance for 2 hours’ search or 100 pages of duplication will be made before comparing the remaining fee and the cost of collection. (d) Records will be provided without charge or at a reduced charge if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. (e) No requester will be charged a fee after any search or response which occurs after the applicable time limits as described in §§ 3004.43 and 3004.44, so long as there are no unusual or exceptional circumstances, such as those used to justify an extension of the time limit as described in § 3004.45. The Commission may, however, charge fees for a partial grant of a request while it reviews records that may be exempt and may be responsive to the request, if it is made within the applicable time limits. erowe on DSK5CLS3C1PROD with RULES § 3004.53 Fee schedule. (a) Fees will be calculated as follows: (1) Manual search. At the salary rate (basic pay plus 16 percent) of the employee(s) making the search. Search time may be charged for even if the Commission fails to locate records or if records located are exempt from disclosure. (2) Computer search. At the direct cost of providing the search, including computer search time directly attributable to searching for records responsive to the request runs and employee salary apportionable to the search. (3) Review (commercial use). At the salary rate (basic pay plus 16 percent) of the employee(s) conducting the review. Charges are imposed only for the review necessary at the initial administrative level to determine the applicability of any exemption, and not for review at the administrative appeal level of an exemption already applied. (4) Duplication. At 10 cents per page for paper copy, which the Commission has found to be the reasonable direct cost thereof. For copies of records prepared by computer the direct cost of VerDate Nov<24>2008 14:36 Nov 04, 2009 Jkt 220001 production, including employee time, will be charged. (5) Additional services. Postage, insurance, and other additional services that may be arranged for by the requester will be charged at actually incurred cost. (b) In addition to the fee waiver provisions of § 3004.52(d), fees may be waived at the discretion of the Commission. § 3004.54 Procedure for assessing and collecting fees. (a) Advance payment may be required if the requester failed to pay previous bills in a timely fashion or when the fees are likely to exceed $250. (1) Where the requester has previously failed to pay within 30 days of the billing date, the Commission may require the requester to pay an advance payment of the estimated fee together with either the past due fees (plus applicable interest) or proof that the past fees were paid. (2) When advance payment is required, the administrative time limits prescribed in 5 U.S.C. 552(a)(6) (§ 3004.43) begin only after such payment has been received. (b) Interest at the rate published by the Secretary of the Treasury as prescribed in 31 U.S.C. 3717 will be charged on unpaid fee bills starting on the 31st day after the bill was sent. Receipt of a fee by the Commission, whether processed or not, will stay the accrual of interest. § 3004.60 Chief Freedom of Information Act Officer. The Commission designates the Secretary of the Commission as the Chief FOIA Officer. The Chief FOIA Officer shall be responsible for the administration of and reporting on the Commission’s Freedom of Information Act program. § 3004.61 Freedom of Information Act Public Liaison. The Commission designates the Director of the Office of Public Affairs and Government Relations or his or her designee as the FOIA Public Liaison who shall assist in the resolution of any dispute between a requester and the Commission. The FOIA Public Liaison may be contacted via e-mail at PRCPAGR@prc.gov or telephone at 202– 789–6800. § 3004.70 Third-party submission of nonpublic materials. (a) Overlap with treatment of nonpublic materials. Any person who submits materials to the Commission (submitter) that the submitter reasonably believes to be exempt from PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 public disclosure may submit materials under seal and lodge an application for nonpublic treatment as described in § 3007.10 of this chapter. (b) Notice of request. Except as provided in § 3004.30(d), if a FOIA request seeks materials designated as nonpublic materials, the Commission will provide the submitter with notice of the request. The Commission may also provide notice when it has reason to believe that third-party materials possibly exempt from disclosure may fall within the scope of any FOIA request. (c) Objections to disclosure. A submitter may file written objections to the request specifying all grounds for withholding the information under FOIA within 7 days of the date of the notice. If the submitter fails to respond to the notice, the submitter will be considered to have no objection, beyond those objections articulated in its application for nonpublic treatment pursuant to § 3007.10 of this chapter, to the disclosure of the information. (d) Notice of decision. If, after considering the submitter’s objections to disclosure the Commission decides to disclose the information, it will give the submitter written notice of the decision and a brief explanation of the reasons for not sustaining the submitter’s objections. The actual disclosure will not be made before 3 days after publication of the Commission’s decision. [FR Doc. E9–26144 Filed 11–4–09; 8:45 am] BILLING CODE 7710–FW–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket Nos. 07–294, 06–121, 02–277, 04–228; MM Docket Nos. 01–235, 01–317, 00–244; FCC 09–92] Promoting Diversification of Ownership in Broadcast Services AGENCY: Federal Communications Commission. ACTION: Final rule; correction. SUMMARY: The Federal Communications Commission is correcting a document that appeared in the Federal Register at 74 FR 56135, October 30, 2009. The date’s section contained an incorrect Federal Register citation and date which should reflect the correct citation of a previously published document. DATES: Effective October 30, 2009. FOR FURTHER INFORMATION CONTACT: For additional information, please contact E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations Cathy Williams, Cathy.Williams@fcc.gov or on (202) 418–2918. SUPPLEMENTARY INFORMATION: In FR Doc. E9–26196 appearing on page 56135 in the Federal Register published on Friday, October 30, 2009, the following corrections are made: On page 56135, in the second column, under the DATES section is corrected to read: DATES: The amendments to 47 CFR 73.3615 and FCC Form 323, published on October 30, 2009, 74 FR 56131, are effective on October 30, 2009. Federal Communications Commission. William F. Caton, Deputy Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. E9–26601 Filed 11–4–09; 8:45 am] BILLING CODE 6712–01–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XP56 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Commercial Harvest of Gulf of Mexico Greater Amberjack AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes commercial harvest of greater amberjack in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). NMFS has determined that the commercial greater amberjack quota will have been reached by November 7, 2009. This closure is necessary to prevent overfishing of Gulf greater amberjack. DATES: Closure is effective 12:01 a.m., local time, November 7, 2009, until 12:01 a.m., local time, on January 1, 2010. erowe on DSK5CLS3C1PROD with RULES FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–551– 5727, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. The reef fish fishery of the Gulf of Mexico is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 14:36 Nov 04, 2009 Jkt 220001 57261 Mexico 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 greater amberjack in the Gulf at 503,000 lb (228,157 kg), round weight for the current fishing year, January 1 through December 31, 2009. Gulf reef fish has been issued must comply with these closure provisions regardless of where the Gulf greater amberjack are harvested, i.e., in state or Federal waters. This closure is intended to prevent overfishing of Gulf greater amberjack and increase the likelihood that the 2009 quota will not be exceeded. Background Constraining harvest to the quota is crucial to meeting the legal requirements to prevent and end overfishing and rebuild greater amberjack in the Gulf. On August 4, 2008, new fishing regulations were implemented by NMFS (73 FR 38139) to reduce the harvest and discard of greater amberjack in the Gulf reef fish fishery. Regulatory changes for commercial greater amberjack included implementing a quota of 503,000 lb (228,157 kg), round weight and accountability measures. Under 50 CFR 622.43(a), NMFS is required to close harvest 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 503,000 lb (228,157 kg), round weight for greater amberjack will be reached on or before November 7, 2009. Accordingly, NMFS is closing commercial harvest of greater amberjack in the Gulf EEZ from 12:01 a.m., local time, on November 7, 2009, until 12:01 a.m., local time, on January 1, 2010. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish having greater amberjack aboard must have landed and bartered, traded, or sold such greater amberjack prior to 12:01 a.m., local time, November 7, 2009. During the closure, all harvest or possession of greater amberjack in or from the Gulf of Mexico EEZ, and the sale or purchase of greater amberjack taken from the EEZ is prohibited.The recreational harvest of greater amberjack in the Gulf closed on October 24, 2009 (74 FR 54489), and will remain closed through December 31, 2009. The prohibition on sale or purchase does not apply to sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, November 7, 2009, and were held in cold storage by a dealer or processor. In addition to the Gulf EEZ closure, a person on board a vessel for which a commercial vessel permit for 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)(3)(B). Such procedures would be unnecessary because the rule implementing the quota and the associated requirement for closure of commercial harvest when the quota is reached or projected to be reached already has been subject to notice and comment, and all that remains is to notify the public of the closure. Providing prior notice and opportunity for public comment on this action would be contrary to the public interest because any delay in the closure of commercial harvest could result in the commercial quota for greater amberjack being exceeded would trigger the accountability measure for greater amberjack. The accountability measure would require NMFS to reduce the quota for the following year by the amount of the quota overage from the prior fishing year. Reducing the quota the following year would produce additional adverse economic impacts for Gulf reef fish fishermen. 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Classification Authority: 16 U.S.C. 1801 et seq. Dated: November 02, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–26699 Filed 11–2–09; 4:15 pm] BILLING CODE 3510–22–S E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Rules and Regulations]
[Pages 57260-57261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26601]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 07-294, 06-121, 02-277, 04-228; MM Docket Nos. 01-235, 
01-317, 00-244; FCC 09-92]


Promoting Diversification of Ownership in Broadcast Services

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

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SUMMARY: The Federal Communications Commission is correcting a document 
that appeared in the Federal Register at 74 FR 56135, October 30, 2009. 
The date's section contained an incorrect Federal Register citation and 
date which should reflect the correct citation of a previously 
published document.

DATES: Effective October 30, 2009.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact

[[Page 57261]]

Cathy Williams, Cathy.Williams@fcc.gov or on (202) 418-2918.

SUPPLEMENTARY INFORMATION: In FR Doc. E9-26196 appearing on page 56135 
in the Federal Register published on Friday, October 30, 2009, the 
following corrections are made:
    On page 56135, in the second column, under the DATES section is 
corrected to read:

DATES: The amendments to 47 CFR 73.3615 and FCC Form 323, published on 
October 30, 2009, 74 FR 56131, are effective on October 30, 2009.

Federal Communications Commission.
William F. Caton,
Deputy Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. E9-26601 Filed 11-4-09; 8:45 am]
BILLING CODE 6712-01-S
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