Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters) Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 70614-70615 [2010-29130]

Download as PDF jdjones on DSK8KYBLC1PROD with RULES 70614 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations per-PSAP basis, using, at the carrier’s election, either (1) Network-based accuracy data, (2) Blended reporting as provided in paragraph (h)(1)(iv) of this section, or (3) Handset-based accuracy data as provided in paragraph (h)(1)(v) of this section. (ii) 300 meters for 90 percent of calls, consistent with the following benchmarks: (A) Three years from January 18, 2011, carriers shall comply with this standard in 60 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 70 percent of the population covered by the carrier across its entire network. Compliance will be measured on a percounty or per-PSAP basis using, at the carrier’s election, either (1) Network-based accuracy data, or (2) Blended reporting as provided in paragraph (h)(1)(iv) of this section. (B) Five years from January 18, 2011, carriers shall comply in 70 percent of counties or PSAP service areas. These counties or PSAP service areas must cover at least 80 percent of the population covered by the carrier across its entire network. Compliance will be measured on a per-county or per-PSAP basis using, at the carrier’s election, either (1) Network-based accuracy data, or (2) Blended reporting as provided in paragraph (h)(1)(iv) of this section. (C) Eight years from January 18, 2011, carriers shall comply in 85 percent of counties or PSAP service areas. Compliance will be measured on a percounty or per-PSAP basis using, at the carrier’s election, either (1) Network-based accuracy data, (2) Blended reporting as provided in paragraph (h)(1)(iv) of this section, or (3) Handset-based accuracy data as provided in paragraph (h)(1)(v) of this section. (iii) County-level or PSAP-level location accuracy standards for network-based technologies will be applicable to those counties or PSAP service areas, on an individual basis, in which a network-based carrier has deployed Phase II in at least one cell site located within a county’s or PSAP service area’s boundary. Compliance with the requirements of paragraph (h)(1)(i) and paragraph (h)(1)(ii) of this section shall be measured and reported independently. (iv) Accuracy data from both networkbased solutions and handset-based solutions may be blended to measure compliance with the accuracy requirements of paragraph (h)(1)(i)(A) through (C) and paragraph (h)(1)(ii)(A) through (C) of this section. Such VerDate Mar<15>2010 13:21 Nov 17, 2010 Jkt 223001 blending shall be based on weighting accuracy data in the ratio of assisted GPS (‘‘A–GPS’’) handsets to non-A–GPS handsets in the carrier’s subscriber base. The weighting ratio shall be applied to the accuracy data from each solution and measured against the network-based accuracy requirements of paragraph (h)(1) of this section. (v) A carrier may rely solely on handset-based accuracy data in any county or PSAP service area if at least 85 percent of its subscribers, networkwide, use A–GPS handsets, or if it offers A–GPS handsets to subscribers in that county or PSAP service area at no cost to the subscriber. (vi) A carrier may exclude from compliance particular counties, or portions of counties, where triangulation is not technically possible, such as locations where at least three cell sites are not sufficiently visible to a handset. Carriers must file a list of the specific counties or portions of counties where they are utilizing this exclusion within 90 days following approval from the Office of Management and Budget for the related information collection. This list must be submitted electronically into PS Docket No. 07– 114, and copies must be sent to the National Emergency Number Association, the Association of PublicSafety Communications OfficialsInternational, and the National Association of State 9–1–1 Administrators. Further, carriers must submit in the same manner any changes to their exclusion lists within thirty days of discovering such changes. This exclusion will sunset on [8 years after effective date]. (2) Handset-based technologies: (i) Two years from January 18, 2011, 50 meters for 67 percent of calls, and 150 meters for 80 percent of calls, on a per-county or per-PSAP basis. However, a carrier may exclude up to 15 percent of counties or PSAP service areas from the 150 meter requirement based upon heavy forestation that limits handsetbased technology accuracy in those counties or PSAP service areas. (ii) Eight years from January 18, 2011, 50 meters for 67 percent of calls, and 150 meters for 90 percent of calls, on a per-county or per-PSAP basis. However, a carrier may exclude up to 15 percent of counties or PSAP service areas from the 150 meter requirement based upon heavy forestation that limits handsetbased technology accuracy in those counties or PSAP service areas. (iii) Carriers must file a list of the specific counties or PSAP service areas where they are utilizing the exclusion for heavy forestation within 90 days following approval from the Office of PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Management and Budget for the related information collection. This list must be submitted electronically into PS Docket No. 07–114, and copies must be sent to the National Emergency Number Association, the Association of PublicSafety Communications OfficialsInternational, and the National Association of State 9–1–1 Administrators. Further, carriers must submit in the same manner any changes to their exclusion lists within thirty days of discovering such changes. (3) Confidence and uncertainty data: Two years after January 18, 2011, all carriers subject to this section shall be required to provide confidence and uncertainty data on a per-call basis upon the request of a PSAP. Once a carrier has established baseline confidence and uncertainty levels in a county or PSAP service area, ongoing accuracy shall be monitored based on the trending of uncertainty data and additional testing shall not be required. All entities responsible for transporting confidence and uncertainty between wireless carriers and PSAPs, including LECs, CLECs, owners of E911 networks, and emergency service providers (collectively, System Service Providers (SSPs)) must implement any modifications that will enable the transmission of confidence and uncertainty data provided by wireless carriers to the requesting PSAP. If an SSP does not pass confidence and uncertainty data to PSAPs, the SSP has the burden of proving that it is technically infeasible for it to provide such data. * * * * * [FR Doc. 2010–29007 Filed 11–17–10; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 0910131363–0087–02] RIN 0648–XA048 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters) Length Overall Using Pot Gear in 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: E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI. SUMMARY: Effective 1200 hrs, Alaska local time (A.l.t.), November 15, 2010, through 2400 hrs, A.l.t., December 31, 2010. DATES: FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. 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. jdjones on DSK8KYBLC1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 13:21 Nov 17, 2010 Jkt 223001 The 2010 Pacific cod TAC allocated as a directed fishing allowance to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI is 12,591 metric tons as established by the final 2010 and 2011 harvest specifications for groundfish in the BSAI (75 FR 11778, March 12, 2010). In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS, has determined that the 2010 Pacific cod TAC allocated as a directed fishing allowance to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 70615 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 cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in 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 November 12, 2010. 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 is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: November 15, 2010. Brian W. Parker, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–29130 Filed 11–15–10; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\18NOR1.SGM 18NOR1

Agencies

[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Rules and Regulations]
[Pages 70614-70615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29130]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 0910131363-0087-02]
RIN 0648-XA048


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
by Catcher Vessels Greater Than or Equal to 60 Feet (18.3 Meters) 
Length Overall Using Pot Gear in 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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[[Page 70615]]

SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by pot 
catcher vessels greater than or equal to 60 feet (18.3 meters (m)) 
length overall (LOA) in the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to prevent exceeding the 2010 
Pacific cod total allowable catch (TAC) specified for pot catcher 
vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.

DATES: Effective 1200 hrs, Alaska local time (A.l.t.), November 15, 
2010, through 2400 hrs, A.l.t., December 31, 2010.

FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 2010 Pacific cod TAC allocated as a directed fishing allowance 
to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in 
the BSAI is 12,591 metric tons as established by the final 2010 and 
2011 harvest specifications for groundfish in the BSAI (75 FR 11778, 
March 12, 2010).
    In accordance with Sec.  679.20(d)(1)(iii), the Administrator, 
Alaska Region, NMFS, has determined that the 2010 Pacific cod TAC 
allocated as a directed fishing allowance to pot catcher vessels 
greater than or equal to 60 feet (18.3 m) LOA in the BSAI has been 
reached. Consequently, NMFS is prohibiting directed fishing for Pacific 
cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) 
LOA in 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 cod by pot catcher vessels greater 
than or equal to 60 feet (18.3 m) LOA in 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 November 12, 2010.
    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 is exempt from review 
under Executive Order 12866.

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

    Dated: November 15, 2010.
Brian W. Parker,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-29130 Filed 11-15-10; 4:15 pm]
BILLING CODE 3510-22-P
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