Revisions to Framework Adjustment 63 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements, 2551-2557 [2023-00575]
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2551
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
[FR Doc. 2023–00617 Filed 1–13–23; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 22–146; RM–11925; DA 23–
17; FR ID 122668]
Television Broadcasting Services
Memphis, Tennessee
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
On April 5, 2022, the Media
Bureau, Video Division (Bureau) issued
a Notice of Proposed Rulemaking
(NPRM) in response to a petition for
rulemaking filed by Gray Television
Licensee, LLC (Petitioner or Gray), the
licensee of WMC–TV (Station or WMC–
TV), channel 5, Memphis, Tennessee,
requesting the substitution of channel
30 for channel 5 at Memphis in the
Table of TV Allotments. For the reasons
set forth in the Report and Order
referenced below, the Bureau amends
FCC regulations to substitute channel 30
for channel 5 at Memphis.
DATES: Effective January 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647 or Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published at 87 FR
22166 on April 14, 2022. The Petitioner
filed comments in support of the
petition reaffirming its commitment to
apply for channel 30. No other
comments were filed.
The Bureau believes the public
interest would be served by substituting
channel 30 for channel 5 at Memphis,
Tennessee. The proposed channel
substitution will resolve significant
over-the-air reception problems in
WMC–TV’s service area due to its
operation on a low VHF channel,
reception problems which the
Commission has recognized can exist on
VHF channels. An analysis using the
Commission’s TVStudy software tool
indicates that WMC–TV’s move from
channel 5 to channel 30 is predicted to
create an area where 4,072 persons may
lose service. The loss area, however, is
largely overlapped by the noise limited
contours of other NBC affiliated stations
and most viewers will continue to
receive service from five or more
stations. In addition, the Petitioner
acquired three LPTV stations and
constructed modified facilities to
deliver NBC programming to viewers in
the loss area. As a result, only 64
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SUMMARY:
VerDate Sep<11>2014
18:47 Jan 13, 2023
Jkt 259001
persons would either (1) no longer
receive NBC network programming or
(2) no longer receive service from five or
more full power television services. In
practice, Gray expects that few, if any,
persons who are currently able to
receive WMC–TV’s over-the-air signal
on channel 5 would no longer be able
to receive WMC–TV’s over-the-air signal
as a result of the Station’s transition to
channel 30. Although the Petitioner’s
proposal would result in a loss for a
limited number of viewers, the Bureau
finds that the overall benefits of the
proposed channel change outweighs any
possible harm to the public interest
when taking into account the ability of
all but a de minimis number of viewers
to access NBC programming from
another source.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 22–146; RM–11925; DA 23–
17, adopted January 9, 2023, and
released January 9, 2023. The full text
of this document is available for
download at https://www.fcc.gov/edocs.
To request materials in accessible
formats for people with disabilities
(braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer &
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
proposed information collection burden
‘‘for small business concerns with fewer
than 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, 5 U.S.C. 601–
612, 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.
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the Table of
TV Allotments, under Tennessee, by
revising the entry for Memphis to read
as follows:
■
§ 73.622
*
Table of TV Allotments.
*
*
(j) * * *
*
*
Community
*
*
Channel No.
*
*
*
TENNESSEE
*
*
*
Memphis ...............................
*
*
*
*
*
13, 23, 25, 28,
* 29, 30, 31,
33
*
*
[FR Doc. 2023–00618 Filed 1–13–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230109–0004; RTID 0648–
XC472]
Revisions to Framework Adjustment
63 to the Northeast Multispecies
Fishery Management Plan and Sector
Annual Catch Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; adjustment to
specifications.
AGENCY:
This final rule announces
carryover allocation from fishing year
2021 into fishing year 2022 for the
Northeast Multispecies sectors program.
This action is necessary to distribute
carryover quota to sectors. The
carryover adjustments in this rule are
routine and formulaic, and industry
expects them each year.
DATES: Effective January 13, 2023,
through April 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, (978) 281–9232.
SUMMARY:
E:\FR\FM\17JAR1.SGM
17JAR1
2552
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
On July
15, 2022, we published a final rule
approving Framework Adjustment 63 to
the Northeast Multispecies Fishery
Management Plan (FMP) (87 FR 42375),
which set or adjusted annual catch
limits (ACL) for 5 of the 20 groundfish
stocks, and 2022 ACLs for three shared
U.S./Canada stocks. This rule
distributes unused sector quota carried
over from fishing year 2021 to fishing
year 2022.
SUPPLEMENTARY INFORMATION:
Sector Carryover Allocations From
Fishing Year 2021
khammond on DSKJM1Z7X2PROD with RULES
Carryover regulations at 50 CFR
648.87(b)(1)(i)(C) allow each groundfish
sector to carry over an amount of
unused annual catch entitlement (ACE)
up to 10 percent of the sector’s original
ACE for each stock (except for Georges
Bank [GB] yellowtail flounder) that is
unused at the end of the fishing year
into the following fishing year. We are
required to adjust ACE carryover to
ensure that the total unused ACE
VerDate Sep<11>2014
15:51 Jan 13, 2023
Jkt 259001
combined with the overall sub-ACL
does not exceed the acceptable
biological catch (ABC) for the fishing
year in which the carryover may be
harvested. We have completed 2021
fishing year data reconciliation with
sectors and determined final 2021
fishing year sector catch and the amount
of allocation that sectors may carry over
from the 2021 to the 2022 fishing year.
Accordingly, unused ACE from fishing
year 2021 available to carry over to
fishing year 2022 has been reduced for
the following stocks: GB cod; GB
haddock; Gulf of Maine (GOM)
haddock; Southern New England/MidAtlantic (SNE/MA) yellowtail flounder;
Cape Cod/GOM yellowtail flounder;
American plaice, witch flounder; GB
winter flounder; GOM winter flounder;
SNE/MA winter flounder; redfish; white
hake; and pollock. The only stock for
which carryover was a full 10 percent of
the original quota allocation from
fishing year 2021 was GOM cod.
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Complete details on carryover reduction
percentages can be found at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/reports/h/groundfish_catch_
accounting.
Table 1 includes the maximum
amount of allocation that sectors may
carry over from the 2021 to the 2022
fishing year. Table 2 includes the de
minimis amount of carryover for each
sector for the 2022 fishing year. If the
overall ACL for any allocated stock is
exceeded for the 2022 fishing year, the
allowed carryover harvested by a sector,
minus the pounds in the sector’s de
minimis amount, will be counted
against its allocation to determine
whether an overage subject to an
accountability measure occurred. Tables
3 and 4 list the final ACE available to
sectors for the 2022 fishing year,
including finalized carryover amounts
for each sector, as adjusted down when
necessary to equal each stock’s ABC.
BILLING CODE 3510–22–P
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0
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27,872
15,829
8,763
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6,803
52,839
8,111
45,717
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1,734
1,780
0
703,735
134,966
0
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2,402
36,233
15,218
3,527
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1,172
98,328
19,877
109,108
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22,360
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9,196
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3,205
13,522
2,799
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0
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4,409
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358,264
0
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31,809
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80,174
332,722
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0
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55,457
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1,439,608
0 2,195
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152,108
37,470
33,061
33,060
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231,478
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Permit Bank (NHPB), Northeast Fishery Sectors (NEFS), and Sustainable Harvest Sector (SHS).
1,640,231
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
15:51 Jan 13, 2023
------- ---
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5,739
0
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157
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32,046
0
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14,353
1,985
11,424
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20,553
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2,237
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1,452
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31
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2,347
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428,305
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1,319
58,789
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55,340
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150 649
0
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14 513
55 880
27,539
11 097
5 687
5 510
206 766
40 710
303,459
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
15:51 Jan 13, 2023
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2
47
202
2,242
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171
4
23
6
904
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19
12
18
255
2,804
285
1
0
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24
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1,569
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0
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3
31
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6
72
702
7,739
1,604
2
0
167
268
181
19
65
13
1,507
167
2,058
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12
7
33
387
4,259
686
2
0
47
264
123
4
22
3
649
172
1,023
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1
0
1
54
581
9
1
3
7
12
9
2
3
32
2
2
7
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5
3
9
238
2,626
340
3
1
31
126
84
10
14
6
688
94
546
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1
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0
26
291
1
1
0
0
7
4
2
0
1
16
2
27
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MPB
16
10
7
649
7,123
434
22
1
51
217
92
176
12
31
571
102
620
NEFS 10
1
1
8
12
129
103
0
0
32
34
29
0
28
2
34
14
115
NEFS 11
1
0
34
2
25
215
0
0
17
43
22
0
6
0
190
90
1,307
NEFS12
1
1
9
6
69
84
0
0
63
22
9
0
31
1
23
6
116
NEFS 13
20
12
2
1,413
15,563
70
35
4
47
238
126
114
5
54
444
48
400
17JAR1
NHPB
0
0
3
0
0
2
0
0
0
1
0
0
0
0
2
2
16
SHS 1
12
7
14
635
6,908
994
5
0
35
381
166
67
10
17
1,367
339
1,491
SHS2
8
4
5
142
1,553
112
5
1
41
70
30
49
12
26
113
34
215
SHS3
27
17
20
1,708
18,825
1,593
14
1
75
523
252
114
9
64
2,841
438
2,661
Total
156
95
286
6,538
71,918
7,568
94
13
697
2,704
1,346
568
274
265
9,962
2,075
14,764
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
15:51 Jan 13, 2023
....
....
....
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2555
ER17JA23.002</GPH>
khammond on DSKJM1Z7X2PROD with RULES
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4,162
42
26
40
562
6,183
629
3
0
49
53
56
12
19
17
1,057
471
3,460
0
0
7
6
67
175
0
0
5
68
21
0
3
0
173
73
528
NEFS2
23
14
158
1,548
17,061
3,537
3
0
368
591
399
41
143
28
3,321
368
4,536
NEFS4
26
16
73
853
9,390
1,513
5
1
103
583
271
9
49
7
1,431
379
2,256
NEFS5
2
1
2
118
1,282
19
3
7
15
27
19
5
6
71
4
4
15
NEFS6
11
7
19
526
5,789
750
7
2
68
279
184
22
31
13
1,516
207
1,204
MOON
MPB
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NEFS7
2
1
0
58
641
3
3
0
1
15
8
4
0
1
35
4
60
NEFS8
36
22
16
1,431
15,703
958
49
3
112
478
203
389
26
69
1,260
225
1,368
NEFS 10
2
1
17
26
285
226
0
0
72
74
65
0
62
4
75
30
254
NEFS 11
1
1
74
5
56
475
0
0
37
96
48
0
13
0
418
198
2,881
17JAR1
NEFS 12
2
1
20
14
151
186
0
0
139
49
19
0
68
2
51
14
256
NEFS 13
44
27
4
3,115
34,310
155
78
9
104
524
279
251
12
119
980
106
882
NHPB
0
0
7
0
0
5
0
0
0
2
0
0
0
0
4
4
35
SHS 1
26
15
30
1,400
15,231
2,190
12
1
77
840
366
147
22
38
3,013
747
3,287
SHS2
18
9
10
314
3,424
246
11
2
91
154
65
108
27
57
248
76
474
SHS3
60
37
44
3,765
41,503
3,512
31
3
165
1,153
555
252
20
140
6,263
965
5,867
Total
344
209
631
14,415
158,551
16,685
207
29
1,536
5,962
2,968
1,253
605
584
21,963
4,575
32,549
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
15:51 Jan 13, 2023
ER17JA23.003</GPH>
....
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Rules and Regulations
Classification
khammond on DSKJM1Z7X2PROD with RULES
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), which provides specific
authority for implementing this action.
Section 305(d) authorizes NMFS to take
action to carry out provisions in FMPs
and of the MSA. In a previous action
taken pursuant to section 304(b), NMFS
approved the Council designed
provisions in the FMP to authorize
NMFS to annually adjust and distribute
sector carryover consistent with MSA
requirements to prevent overfishing and
achieve optimum yield. See
§ 648.87(b)(1)(i)(C). The NMFS Assistant
Administrator has determined that this
final rule is consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Fishery Conservation and Management
Act, and other applicable laws.
This final rule is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we
find good cause to waive prior public
notice and opportunity for public
comment on the allocation adjustments
because allowing time for notice and
comment is impracticable, unnecessary,
VerDate Sep<11>2014
15:51 Jan 13, 2023
Jkt 259001
and contrary to the public interest. We
also find good cause to waive the 30-day
delay in effectiveness pursuant to 5
U.S.C. 553(d)(1) and (3), so that this
final rule may become effective in a
timely manner and the fishery may
maximize the economic benefits of the
adjusted allocations to the fishery.
Notice and comment and a 30-day
delay in effectiveness would be
impracticable, unnecessary, and
contrary to the public interest. The
distribution of unused quota carried
over from the previous fishing year is an
annual adjustment action that is
expected by industry. These
adjustments increase available catch,
and sector vessels will be able to fish for
this additional catch as soon as this
action is in effect, which will provide
increased operational flexibility and
ability to catch its available allocation.
They are routine, formulaic, and
authorized by regulation. The public
had prior notice and opportunity to
participate in the development of and
comment on the regulations
implementing this process and expects
this adjustment each year. Delaying
these adjustments would result in a
delay in the distribution of unused
carryover to sectors, and could negate or
PO 00000
Frm 00057
Fmt 4700
Sfmt 9990
2557
reduce the intended economic benefits
and increased operational flexibility
provided by these adjustments.
Carryover from 2021 was only recently
finalized because it is based on data that
was not available until the late fall upon
the conclusion of the catch accounting
process for fishing year 2021.
Also, because advanced notice and
the opportunity for public comment are
not required for this action under the
Administrative Procedure Act, or any
other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., do not apply to this rule.
Therefore, no final regulatory flexibility
analysis is required and none has been
prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–00575 Filed 1–13–23; 8:45 am]
BILLING CODE 3510–22–C
E:\FR\FM\17JAR1.SGM
17JAR1
]]>Agencies
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Rules and Regulations]
[Pages 2551-2557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00575]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230109-0004; RTID 0648-XC472]
Revisions to Framework Adjustment 63 to the Northeast
Multispecies Fishery Management Plan and Sector Annual Catch
Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; adjustment to specifications.
-----------------------------------------------------------------------
SUMMARY: This final rule announces carryover allocation from fishing
year 2021 into fishing year 2022 for the Northeast Multispecies sectors
program. This action is necessary to distribute carryover quota to
sectors. The carryover adjustments in this rule are routine and
formulaic, and industry expects them each year.
DATES: Effective January 13, 2023, through April 30, 2023.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
[[Page 2552]]
SUPPLEMENTARY INFORMATION: On July 15, 2022, we published a final rule
approving Framework Adjustment 63 to the Northeast Multispecies Fishery
Management Plan (FMP) (87 FR 42375), which set or adjusted annual catch
limits (ACL) for 5 of the 20 groundfish stocks, and 2022 ACLs for three
shared U.S./Canada stocks. This rule distributes unused sector quota
carried over from fishing year 2021 to fishing year 2022.
Sector Carryover Allocations From Fishing Year 2021
Carryover regulations at 50 CFR 648.87(b)(1)(i)(C) allow each
groundfish sector to carry over an amount of unused annual catch
entitlement (ACE) up to 10 percent of the sector's original ACE for
each stock (except for Georges Bank [GB] yellowtail flounder) that is
unused at the end of the fishing year into the following fishing year.
We are required to adjust ACE carryover to ensure that the total unused
ACE combined with the overall sub-ACL does not exceed the acceptable
biological catch (ABC) for the fishing year in which the carryover may
be harvested. We have completed 2021 fishing year data reconciliation
with sectors and determined final 2021 fishing year sector catch and
the amount of allocation that sectors may carry over from the 2021 to
the 2022 fishing year. Accordingly, unused ACE from fishing year 2021
available to carry over to fishing year 2022 has been reduced for the
following stocks: GB cod; GB haddock; Gulf of Maine (GOM) haddock;
Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder; Cape
Cod/GOM yellowtail flounder; American plaice, witch flounder; GB winter
flounder; GOM winter flounder; SNE/MA winter flounder; redfish; white
hake; and pollock. The only stock for which carryover was a full 10
percent of the original quota allocation from fishing year 2021 was GOM
cod. Complete details on carryover reduction percentages can be found
at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
Table 1 includes the maximum amount of allocation that sectors may
carry over from the 2021 to the 2022 fishing year. Table 2 includes the
de minimis amount of carryover for each sector for the 2022 fishing
year. If the overall ACL for any allocated stock is exceeded for the
2022 fishing year, the allowed carryover harvested by a sector, minus
the pounds in the sector's de minimis amount, will be counted against
its allocation to determine whether an overage subject to an
accountability measure occurred. Tables 3 and 4 list the final ACE
available to sectors for the 2022 fishing year, including finalized
carryover amounts for each sector, as adjusted down when necessary to
equal each stock's ABC.
BILLING CODE 3510-22-P
[[Page 2553]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.000
[[Page 2554]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.001
[[Page 2555]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.002
[[Page 2556]]
[GRAPHIC] [TIFF OMITTED] TR17JA23.003
[[Page 2557]]
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), which provides
specific authority for implementing this action. Section 305(d)
authorizes NMFS to take action to carry out provisions in FMPs and of
the MSA. In a previous action taken pursuant to section 304(b), NMFS
approved the Council designed provisions in the FMP to authorize NMFS
to annually adjust and distribute sector carryover consistent with MSA
requirements to prevent overfishing and achieve optimum yield. See
Sec. 648.87(b)(1)(i)(C). The NMFS Assistant Administrator has
determined that this final rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, and other applicable laws.
This final rule is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive
prior public notice and opportunity for public comment on the
allocation adjustments because allowing time for notice and comment is
impracticable, unnecessary, and contrary to the public interest. We
also find good cause to waive the 30-day delay in effectiveness
pursuant to 5 U.S.C. 553(d)(1) and (3), so that this final rule may
become effective in a timely manner and the fishery may maximize the
economic benefits of the adjusted allocations to the fishery.
Notice and comment and a 30-day delay in effectiveness would be
impracticable, unnecessary, and contrary to the public interest. The
distribution of unused quota carried over from the previous fishing
year is an annual adjustment action that is expected by industry. These
adjustments increase available catch, and sector vessels will be able
to fish for this additional catch as soon as this action is in effect,
which will provide increased operational flexibility and ability to
catch its available allocation. They are routine, formulaic, and
authorized by regulation. The public had prior notice and opportunity
to participate in the development of and comment on the regulations
implementing this process and expects this adjustment each year.
Delaying these adjustments would result in a delay in the distribution
of unused carryover to sectors, and could negate or reduce the intended
economic benefits and increased operational flexibility provided by
these adjustments. Carryover from 2021 was only recently finalized
because it is based on data that was not available until the late fall
upon the conclusion of the catch accounting process for fishing year
2021.
Also, because advanced notice and the opportunity for public
comment are not required for this action under the Administrative
Procedure Act, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this
rule. Therefore, no final regulatory flexibility analysis is required
and none has been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-00575 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-22-C
