Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 56659-56660 [2011-23507]
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tkelley on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
Impact_Assessment.html. The
Commission is in the process of
updating the PIA to incorporate various
revisions made to the SORN.
Needs and Uses: The Commission
received final approval for the
information collection requirements
contained in MB Docket No. 11–43; FCC
11–126 from the Office of Management
and Budget (OMB) on September 8,
2011. This rulemaking contains
information collection requirements that
support the Commission’s video
description rules that would be codified
at 47 CFR 79.3, as required by the
Twenty-First Century Communications
and Video Accessibility Act of 2010
(‘‘CVAA’’). In 2000, the Commission
adopted rules requiring certain
broadcasters and multichannel video
program distributors (MVPDs) to carry
programming with video description.
The United States Court of Appeals for
the District of Columbia Circuit vacated
the rules due to insufficient authority
soon after their initial adoption. The
CVAA directs the Commission to
reinstate those rules, with certain
modifications, on October 8, 2011.
The information collection
requirements consist of:
Petitions for exemption based on
‘‘economic burden.’’
Pursuant to 47 CFR 79.3(d), a video
programming provider may petition the
Commission for a full or partial
exemption from the video description
requirements based upon a showing that
they would be economically
burdensome.
Petitions for exemption must by filed
with the Commission, placed on Public
Notice, and be subject to comment from
the public.
Complaints alleging violations of the
video description rules.
Section 79.3(e) provides that a
complaint alleging a violation of the
video description rules may be
transmitted to the Commission by ‘‘any
reasonable means’’ that would best
accommodate the complainant’s
disability, and that each complaint must
include:
The name and address of the
complainant;
The name and address of the
broadcast station against whom the
complaint is alleged and its call letters
and network affiliation, or the name and
address of the MVPD against whom the
complaint is alleged and the name of the
network that provides the programming
that is the subject of the complaint;
A statement of facts sufficient to show
that the video programming distributor
has violated or is violating the
Commission’s rules, and, if applicable,
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13:34 Sep 13, 2011
Jkt 223001
the date and time of the alleged
violation;
The specific relief or satisfaction
sought by the complainant;
The complainant’s preferred format or
method of response to the complaint
(such as letter, facsimile transmission,
telephone (voice/TRS/TTY), Internet
e-mail, or some other method that
would best accommodate the
complainant’s disability); and
A certification that the complainant
attempted in good faith to resolve the
dispute with the broadcast station or
MVPD against whom the complaint is
alleged.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–23382 Filed 9–13–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XA690
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the western
zone of the Gulf of Mexico (Gulf) to
commercial king mackerel fishing in the
exclusive economic zone (EEZ). This
closure is necessary to protect the Gulf
king mackerel resource.
DATES: The closure is effective noon,
local time, September 16, 2011, until
12:01 a.m., local time, on July 1, 2012.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, 727–824–5305, fax: 727–
824–5308, e-mail:
Susan.Gerhart@noaa.gov.
SUMMARY:
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf only,
dolphin and bluefish) is managed under
the Fishery Management Plan for the
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and South Atlantic
(FMP). The FMP was prepared by the
SUPPLEMENTARY INFORMATION:
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Fmt 4700
Sfmt 4700
56659
Gulf of Mexico and South Atlantic
Fishery Management Councils
(Councils) 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.
Commercial fishing for the Gulf
migratory group of king mackerel in the
western zone is managed under a quota
of 1.01 million lb (0.46 million kg) (66
FR 17368, March 30, 2001) for the
current fishing year, July 1, 2011,
through June 30, 2012.
Under 50 CFR 622.43(a)(3), NMFS is
required to close any segment of the
king mackerel commercial sector when
its quota has been reached, or is
projected to be reached, by filing a
notification at the Office of the Federal
Register. NMFS has determined the
commercial quota of 1.01 million lb
(0.46 million kg) for Gulf group king
mackerel in the western zone will be
reached by September 16, 2011.
Accordingly, the western zone is closed
effective noon, local time, September
16, 2011, through June 30, 2012, the end
of the fishing year to commercial fishing
for Gulf group king mackerel. The
boundary between the eastern and
western zones is 87°31′06″ W. long.,
which is a line directly south from the
Alabama/Florida boundary.
Except for a person aboard a charter
vessel or headboat, during the closure,
no person aboard a vessel for which a
commercial permit for king mackerel
has been issued may fish for or retain
Gulf group king mackerel in the EEZ in
the closed zones or subzones. A person
aboard a vessel that has a valid charter
vessel/headboat permit for coastal
migratory pelagic fish may continue to
retain king mackerel in or from the
closed zones or subzones under the bag
and possession limits set forth in 50
CFR 622.39(c)(1)(ii) and (c)(2), provided
the vessel is operating as a charter
vessel or headboat. A charter vessel or
headboat that also has a commercial
king mackerel permit is considered to be
operating as a charter vessel or headboat
when it carries a passenger who pays a
fee or when there are more than three
persons aboard, including operator and
crew.
During the closure, king mackerel
from the closed zone taken in the EEZ,
including those harvested under the bag
and possession limits, may not be
purchased or sold. This prohibition
does not apply to trade in king mackerel
from the closed zones or subzones that
were harvested, landed ashore, and sold
prior to the closure and were held in
cold storage by a dealer or processor.
E:\FR\FM\14SER1.SGM
14SER1
56660
Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations
Classification
tkelley on DSKG8SOYB1PROD with RULES
This action responds to the best
available information recently obtained
from the fisheries. The Assistant
Administrator for Fisheries, NOAA
(AA), finds that the need to immediately
implement this action to close the
western zone of the Gulf to commercial
king mackerel fishing constitutes good
cause to waive the requirements 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 implementing the
VerDate Mar<15>2010
13:34 Sep 13, 2011
Jkt 223001
quota and the associated requirement
for closure of the commercial harvest
when the quota is reached or projected
to be reached 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 on this
action would be contrary to the public
interest because any delay in the closure
of the commercial harvest could result
in the commercial quota being
exceeded. There is a need to
immediately implement this action to
protect the king mackerel resource
because the capacity of the fishing fleet
allows for rapid harvest of the quota.
Prior notice and opportunity for public
PO 00000
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Fmt 4700
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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: September 9, 2011.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–23507 Filed 9–9–11; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\14SER1.SGM
14SER1
]]>Agencies
[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56659-56660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23507]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 001005281-0369-02]
RIN 0648-XA690
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the western zone of the Gulf of Mexico (Gulf) to
commercial king mackerel fishing in the exclusive economic zone (EEZ).
This closure is necessary to protect the Gulf king mackerel resource.
DATES: The closure is effective noon, local time, September 16, 2011,
until 12:01 a.m., local time, on July 1, 2012.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, fax: 727-
824-5308, e-mail: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and,
in the Gulf only, dolphin and bluefish) is managed under the Fishery
Management Plan for the Coastal Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery Management Councils (Councils) 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.
Commercial fishing for the Gulf migratory group of king mackerel in
the western zone is managed under a quota of 1.01 million lb (0.46
million kg) (66 FR 17368, March 30, 2001) for the current fishing year,
July 1, 2011, through June 30, 2012.
Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of
the king mackerel commercial sector when its quota has been reached, or
is projected to be reached, by filing a notification at the Office of
the Federal Register. NMFS has determined the commercial quota of 1.01
million lb (0.46 million kg) for Gulf group king mackerel in the
western zone will be reached by September 16, 2011. Accordingly, the
western zone is closed effective noon, local time, September 16, 2011,
through June 30, 2012, the end of the fishing year to commercial
fishing for Gulf group king mackerel. The boundary between the eastern
and western zones is 87[deg]31'06'' W. long., which is a line directly
south from the Alabama/Florida boundary.
Except for a person aboard a charter vessel or headboat, during the
closure, no person aboard a vessel for which a commercial permit for
king mackerel has been issued may fish for or retain Gulf group king
mackerel in the EEZ in the closed zones or subzones. A person aboard a
vessel that has a valid charter vessel/headboat permit for coastal
migratory pelagic fish may continue to retain king mackerel in or from
the closed zones or subzones under the bag and possession limits set
forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is
operating as a charter vessel or headboat. A charter vessel or headboat
that also has a commercial king mackerel permit is considered to be
operating as a charter vessel or headboat when it carries a passenger
who pays a fee or when there are more than three persons aboard,
including operator and crew.
During the closure, king mackerel from the closed zone taken in the
EEZ, including those harvested under the bag and possession limits, may
not be purchased or sold. This prohibition does not apply to trade in
king mackerel from the closed zones or subzones that were harvested,
landed ashore, and sold prior to the closure and were held in cold
storage by a dealer or processor.
[[Page 56660]]
Classification
This action responds to the best available information recently
obtained from the fisheries. The Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to immediately implement this action to
close the western zone of the Gulf to commercial king mackerel fishing
constitutes good cause to waive the requirements 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 implementing the quota
and the associated requirement for closure of the commercial harvest
when the quota is reached or projected to be reached 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 on this
action would be contrary to the public interest because any delay in
the closure of the commercial harvest could result in the commercial
quota being exceeded. There is a need to immediately implement this
action to protect the king mackerel resource because 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: September 9, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-23507 Filed 9-9-11; 4:15 pm]
BILLING CODE 3510-22-P
