82_FR_58998 82 FR 58759 - Terrestrial Use of the 2473-2495 MHz Bands for Low-Power Mobile Broadband Networks; Amendments to Rules for the Ancillary Terrestrial Component of Mobile Satellite Service Systems

82 FR 58759 - Terrestrial Use of the 2473-2495 MHz Bands for Low-Power Mobile Broadband Networks; Amendments to Rules for the Ancillary Terrestrial Component of Mobile Satellite Service Systems

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range58759-58761
FR Document2017-26943

In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Terrestrial Use of the 2473-2495 MHz bands for Low-Power Mobile Broadband Networks; Amendments to Rules for the Ancillary Terrestrial Component of Mobile Satellite Service Systems Report and Order's (Order) modified rules for the operation of an Ancillary Terrestrial Component. This document is consistent with the Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

Federal Register, Volume 82 Issue 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58759-58761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26943]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 13-213; FCC 16-181]


Terrestrial Use of the 2473-2495 MHz Bands for Low-Power Mobile 
Broadband Networks; Amendments to Rules for the Ancillary Terrestrial 
Component of Mobile Satellite Service Systems

AGENCY: Federal Communications Commission.

[[Page 58760]]


ACTION: Final rule; announcement of effective date.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Terrestrial 
Use of the 2473-2495 MHz bands for Low-Power Mobile Broadband Networks; 
Amendments to Rules for the Ancillary Terrestrial Component of Mobile 
Satellite Service Systems Report and Order's (Order) modified rules for 
the operation of an Ancillary Terrestrial Component. This document is 
consistent with the Order, which stated that the Commission would 
publish a document in the Federal Register announcing the effective 
date of those rules.

DATES: The amendments to 47 CFR 25.149 published at 82 FR 8814, January 
31, 2017, are effective December 14, 2017.

FOR FURTHER INFORMATION CONTACT: Stephen Duall, Satellite Division, 
International Bureau, at 202-418-1103 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION: This document announces that, on June 28, 
2017, OMB approved, for a period of three years, the information 
collection requirements relating to the access stimulation rules 
contained in the Commission's Order, FCC 16-181, published at 82 FR 
8814, January 31, 2017. The OMB Control Number is 3060-0994. The 
Commission publishes this document as an announcement of the effective 
date of the rules. If you have any comments on the burden estimates 
listed below, or how the Commission can improve the collections and 
reduce any burdens caused thereby, please contact Cathy Williams, 
Federal Communications Commission, Room 1-C823, 445 12th Street SW, 
Washington, DC 20554. Please include the OMB Control Number, 3060-0298, 
in your correspondence. The Commission will also accept your comments 
via email at [email protected].
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

SYNOPSIS

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received final OMB 
approval on June 28, 2017, for the information collection requirements 
contained in the modifications to the Commission's rules in 47 CFR part 
25.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-0994.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-0994.
    OMB Approval Date: June 28, 2017.
    OMB Expiration Date: June 30, 2020.
    Title: Flexibility for Delivery of Communications by Mobile 
Satellite Service Providers in the 2 GHz Band, the L Band, and the 1.6/
2.4 GHz Band.
    Form Number: N/A.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 126 respondents; 126 
responses.
    Estimated Time per Response: Between 0.5-50 hours.
    Frequency of Response: One-time, annual, and on-occasion reporting 
requirements, third party disclosure and recordkeeping requirements.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 4(i), 7, 302, 303(c), 303(e), 303(f) and 303(r) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157, 302, 
303(c), 303(e), 303(f) and 303(r).
    Total Annual Burden: 520 hours.
    Total Annual Cost: $530,340.
    Nature and Extent of Confidentiality: An assurance of 
confidentiality is not offered because this information collection does 
not require the collection of personally identifiable information (PII) 
from individuals.
    Privacy Act: No impact(s).
    Needs and Uses: On December 23, 2016, the Commission released a 
Report and Order in IB Docket No. 13-213, FCC 16-181, titled 
``Terrestrial Use of the 2473-2495 MHz Band for Low-Power Mobile 
Broadband Networks; Amendments to Rules for the Ancillary Terrestrial 
Component of Mobile Satellite Service Systems.'' The revisions to 47 
CFR part 25 adopted in the Report and Order remove a portion of the 
information collection requirements as it relates to a newly proposed 
low power broadband network, as described in document FCC 16-181. These 
revisions enable ATC licensees to operate low-power ATC using licensed 
spectrum in the 2483.5-2495 MHz band. Although the original low-power 
ATC proposal described the use of the adjacent 2473-2483.5 MHz band, 
low-power terrestrial operations at 2473-2483.5 MHz were not authorized 
by the Report and Order. The revisions provide an exception for low-
power ATC from the requirements contained in Sec.  25.149(b) of the 
Commission's rules, which require detailed showings concerning 
satellite system coverage and replacement satellites. The revisions 
also provide an exception from a rule requiring integrated service, 
which generally requires that service handsets be capable of 
communication with both satellites and terrestrial base stations. 
Accordingly, the provider of low-power ATC would be relieved from 
certain burdens that are currently in place in the existing information 
collection. To qualify for authority to deploy a low-power terrestrial 
network in the 2483.5-2495 MHz band, an ATC licensee would need to 
certify that it will utilize a Network Operating System to manage its 
terrestrial low-power network. Although the Report and Order also 
created new technical requirements for equipment designed to 
communicate with a low-power ATC network, satisfaction of these 
technical requirements relieves ATC licensees from meeting other 
technical requirements that apply to ATC systems generally. We also had 
a revision to this information collection to reflect the elimination of 
the elements of this information collection for 2 GHz MSS. See 78 FR 
48621-22.
    The purposes of the existing information collection are to obtain 
information necessary for licensing operators of Mobile-Satellite 
Service (MSS) networks to provide ancillary services in the U.S. via 
terrestrial base stations (Ancillary Terrestrial Components, or ATCs); 
obtain the legal and technical information required to facilitate the 
integration of ATCs into MSS networks in the L-Band and the 1.6/2.4 GHz 
Bands; and to ensure that ATC licensees meet the Commission's legal and 
technical requirements to develop and maintain their MSS networks and 
operate their ATC systems without causing harmful interference to other 
radio systems.


[[Page 58761]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017-26943 Filed 12-13-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                            58759

                                                 (C) Is not itself a historic property.                   (1) It is located in the same vicinity             and added to a tower, structure, or
                                                 (ii) The replacement pole—                            as a pre-existing antenna,                            building as part of the original
                                                 (A) Is located no more than 10 feet                      (2) The new antenna will be visible                installation of the antenna. For most
                                              away from the original pole, based on                    only from adjacent streets and                        services, an antenna will be mounted on
                                              the distance between the centerpoint of                  surrounding public spaces that also                   or in, and is distinct from, a supporting
                                              the replacement pole and the                             afford views of the pre-existing antenna,             structure such as a tower, structure or
                                              centerpoint of the original pole;                           (3) The pre-existing antenna was not               building. However, in the case of AM
                                              provided that construction of the                        deployed pursuant to the exclusion in                 broadcast stations, the entire tower or
                                              replacement pole in place of the original                this paragraph,                                       group of towers constitutes the antenna
                                              pole entails no new ground disturbance                      (4) The new antenna is not more than               for that station. For purposes of this
                                              (either laterally or in depth) outside                   three feet larger in height or width                  section, the term antenna does not
                                              previously disturbed areas, including                    (including all protuberances) than the                include unintentional radiators, mobile
                                              disturbance associated with temporary                    pre-existing antenna, and                             stations, or devices authorized under
                                              support of utility, communications, or                      (5) No new equipment cabinets are                  part 15 of this title.
                                              related transmission lines. For purposes                 visible from the adjacent streets or                     Applicant means a Commission
                                              of this paragraph, ‘‘ground disturbance’’                surrounding public spaces;                            licensee, permittee, or registration
                                              means any activity that moves,                              (iii) The new antenna complies with                holder, or an applicant or prospective
                                              compacts, alters, displaces, or                          all zoning conditions and historic                    applicant for a wireless or broadcast
                                              penetrates the ground surface of                         preservation conditions applicable to                 license, authorization or antenna
                                              previously undisturbed soils;                            existing antennas in the same vicinity                structure registration, and the duly
                                                 (B) Has a height that does not exceed                 that directly mitigate or prevent effects,            authorized agents, employees, and
                                              the height of the original pole by more                  such as camouflage or concealment                     contractors of any such person or entity.
                                              than 5 feet or 10 percent of the height                  requirements;                                            Collocation means the mounting or
                                              of the original pole, whichever is                          (iv) The deployment of the new                     installation of an antenna on an existing
                                              greater; and                                             antenna involves no new ground                        tower, building or structure for the
                                                 (C) Has an appearance consistent with                 disturbance; and                                      purpose of transmitting and/or receiving
                                              the quality and appearance of the                           (v) The deployment would otherwise                 radio frequency signals for
                                              original pole.                                           require the preparation of an                         communications purposes, whether or
                                                 (4) Collocations on buildings and                     Environmental Assessment under                        not there is an existing antenna on the
                                              other non-tower structures. The                          1.1304(a)(4) solely because of the age of             structure.
                                              mounting of antennas (including                          the structure.                                           Tower means any structure built for
                                              associated equipment such as wiring,                                                                           the sole or primary purpose of
                                                                                                         Note 1 to Paragraph (b)(4): A non-visible
                                              cabling, cabinets, or backup power) on                   new antenna is in the ‘‘same vicinity’’ as a          supporting Commission-licensed or
                                              buildings or other non-tower structures                  pre-existing antenna if it will be collocated         authorized antennas, including the on-
                                              where the deployment meets the                           on the same rooftop, façade or other surface.        site fencing, equipment, switches,
                                              following conditions:                                    A visible new antenna is in the ‘‘same                wiring, cabling, power sources, shelters,
                                                 (i) There is an existing antenna on the               vicinity’’ as a pre-existing antenna if it is on      or cabinets associated with that tower
                                              building or structure;                                   the same rooftop, façade, or other surface and
                                                                                                                                                             but not installed as part of an antenna
                                                 (ii) One of the following criteria is                 the centerpoint of the new antenna is within
                                                                                                       ten feet of the centerpoint of the pre-existing       as defined herein.
                                              met:                                                                                                              Undertaking means a project, activity,
                                                 (A) Non-Visible Antennas. The new                     antenna. A deployment causes no new
                                                                                                       ground disturbance when the depth and                 or program funded in whole or in part
                                              antenna is not visible from any adjacent                                                                       under the direct or indirect jurisdiction
                                                                                                       width of previous disturbance exceeds the
                                              streets or surrounding public spaces and                 proposed construction depth and width by at           of the Commission, including those
                                              is added in the same vicinity as a pre-                  least two feet.                                       requiring a Commission permit, license
                                              existing antenna;                                                                                              or approval. Maintenance and servicing
                                                 (B) Visible Replacement Antennas.                        (c) Responsibilities of applicants.
                                                                                                       Applicants seeking Commission                         of towers, antennas, and associated
                                              The new antenna is visible from
                                                                                                       authorization for construction or                     equipment are not deemed to be
                                              adjacent streets or surrounding public
                                                                                                       modification of towers, collocation of                undertakings subject to review under
                                              spaces, provided that
                                                                                                       antennas, or other undertakings shall                 this section.
                                                 (1) It is a replacement for a pre-
                                              existing antenna,                                        take the steps mandated by, and comply                [FR Doc. 2017–26940 Filed 12–13–17; 8:45 am]
                                                 (2) The new antenna will be located                   with the requirements set forth in,                   BILLING CODE 6712–01–P
                                              in the same vicinity as the pre-existing                 Appendix C of this part, sections III–X,
                                              antenna,                                                 or any other applicable program
                                                 (3) The new antenna will be visible                   alternative.                                          FEDERAL COMMUNICATIONS
                                              only from adjacent streets and                              (d) Definitions. For purposes of this              COMMISSION
                                              surrounding public spaces that also                      section, the following definitions apply:
                                              afford views of the pre-existing antenna,                   Antenna means an apparatus                         47 CFR Part 25
                                                 (4) The new antenna is not more than                  designed for the purpose of emitting
                                                                                                       radiofrequency (RF) radiation, to be                  [IB Docket No. 13–213; FCC 16–181]
                                              3 feet larger in height or width
                                              (including all protuberances) than the                   operated or operating from a fixed                    Terrestrial Use of the 2473–2495 MHz
                                              pre-existing antenna, and                                location pursuant to Commission                       Bands for Low-Power Mobile
sradovich on DSK3GMQ082PROD with RULES




                                                 (5) No new equipment cabinets are                     authorization, for the transmission of                Broadband Networks; Amendments to
                                              visible from the adjacent streets or                     writing, signs, signals, data, images,                Rules for the Ancillary Terrestrial
                                              surrounding public spaces; or                            pictures, and sounds of all kinds,                    Component of Mobile Satellite Service
                                                 (C) Other Visible Antennas. The new                   including the transmitting device and                 Systems
                                              antenna is visible from adjacent streets                 any on-site equipment, switches, wiring,
                                              or surrounding public spaces, provided                   cabling, power sources, shelters or                   AGENCY:Federal Communications
                                              that                                                     cabinets associated with that antenna                 Commission.


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                                              58760            Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations

                                              ACTION:  Final rule; announcement of                     received final OMB approval on June                   the Report and Order remove a portion
                                              effective date.                                          28, 2017, for the information collection              of the information collection
                                                                                                       requirements contained in the                         requirements as it relates to a newly
                                              SUMMARY:    In this document, the                        modifications to the Commission’s rules               proposed low power broadband
                                              Commission announces that the Office                     in 47 CFR part 25.                                    network, as described in document FCC
                                              of Management and Budget (OMB) has                          Under 5 CFR part 1320, an agency                   16–181. These revisions enable ATC
                                              approved, for a period of three years, the               may not conduct or sponsor a collection               licensees to operate low-power ATC
                                              information collection associated with                   of information unless it displays a                   using licensed spectrum in the 2483.5–
                                              the Commission’s Terrestrial Use of the                  current, valid OMB Control Number.                    2495 MHz band. Although the original
                                              2473–2495 MHz bands for Low-Power                           No person shall be subject to any                  low-power ATC proposal described the
                                              Mobile Broadband Networks;                               penalty for failing to comply with a                  use of the adjacent 2473–2483.5 MHz
                                              Amendments to Rules for the Ancillary                    collection of information subject to the
                                              Terrestrial Component of Mobile                                                                                band, low-power terrestrial operations
                                                                                                       Paperwork Reduction Act that does not                 at 2473–2483.5 MHz were not
                                              Satellite Service Systems Report and                     display a current, valid OMB Control
                                              Order’s (Order) modified rules for the                                                                         authorized by the Report and Order. The
                                                                                                       Number. The OMB Control Number is                     revisions provide an exception for low-
                                              operation of an Ancillary Terrestrial                    3060–0994.
                                              Component. This document is                                                                                    power ATC from the requirements
                                                                                                          The foregoing notice is required by
                                              consistent with the Order, which stated                                                                        contained in § 25.149(b) of the
                                                                                                       the Paperwork Reduction Act of 1995,
                                              that the Commission would publish a                                                                            Commission’s rules, which require
                                                                                                       Public Law 104–13, October 1, 1995,
                                              document in the Federal Register                                                                               detailed showings concerning satellite
                                                                                                       and 44 U.S.C. 3507.
                                              announcing the effective date of those                      The total annual reporting burdens                 system coverage and replacement
                                              rules.                                                   and costs for the respondents are as                  satellites. The revisions also provide an
                                                                                                       follows:                                              exception from a rule requiring
                                              DATES: The amendments to 47 CFR
                                                                                                          OMB Control Number: 3060–0994.                     integrated service, which generally
                                              25.149 published at 82 FR 8814, January
                                                                                                          OMB Approval Date: June 28, 2017.                  requires that service handsets be
                                              31, 2017, are effective December 14,
                                                                                                          OMB Expiration Date: June 30, 2020.                capable of communication with both
                                              2017.
                                                                                                          Title: Flexibility for Delivery of                 satellites and terrestrial base stations.
                                              FOR FURTHER INFORMATION CONTACT:                         Communications by Mobile Satellite                    Accordingly, the provider of low-power
                                              Stephen Duall, Satellite Division,                       Service Providers in the 2 GHz Band,                  ATC would be relieved from certain
                                              International Bureau, at 202–418–1103                    the L Band, and the 1.6/2.4 GHz Band.                 burdens that are currently in place in
                                              or via email at Stephen.Duall@fcc.gov.                      Form Number: N/A.                                  the existing information collection. To
                                              SUPPLEMENTARY INFORMATION: This                             Respondents: Business or other for-                qualify for authority to deploy a low-
                                              document announces that, on June 28,                     profit entities.                                      power terrestrial network in the 2483.5–
                                              2017, OMB approved, for a period of                         Number of Respondents and                          2495 MHz band, an ATC licensee would
                                              three years, the information collection                  Responses: 126 respondents; 126                       need to certify that it will utilize a
                                              requirements relating to the access                      responses.                                            Network Operating System to manage
                                              stimulation rules contained in the                          Estimated Time per Response:                       its terrestrial low-power network.
                                              Commission’s Order, FCC 16–181,                          Between 0.5–50 hours.                                 Although the Report and Order also
                                              published at 82 FR 8814, January 31,                        Frequency of Response: One-time,                   created new technical requirements for
                                              2017. The OMB Control Number is                          annual, and on-occasion reporting                     equipment designed to communicate
                                              3060–0994. The Commission publishes                      requirements, third party disclosure and              with a low-power ATC network,
                                              this document as an announcement of                      recordkeeping requirements.                           satisfaction of these technical
                                              the effective date of the rules. If you                     Obligation to Respond: Required to                 requirements relieves ATC licensees
                                              have any comments on the burden                          obtain or retain benefits. The statutory              from meeting other technical
                                              estimates listed below, or how the                       authority for this information collection             requirements that apply to ATC systems
                                              Commission can improve the                               is contained in sections 4(i), 7, 302,                generally. We also had a revision to this
                                              collections and reduce any burdens                       303(c), 303(e), 303(f) and 303(r) of the              information collection to reflect the
                                              caused thereby, please contact Cathy                     Communications Act of 1934, as                        elimination of the elements of this
                                              Williams, Federal Communications                         amended, 47 U.S.C. 154(i), 157, 302,                  information collection for 2 GHz MSS.
                                              Commission, Room 1–C823, 445 12th                        303(c), 303(e), 303(f) and 303(r).                    See 78 FR 48621–22.
                                              Street SW, Washington, DC 20554.                            Total Annual Burden: 520 hours.
                                              Please include the OMB Control                              Total Annual Cost: $530,340.                          The purposes of the existing
                                              Number, 3060–0298, in your                                  Nature and Extent of Confidentiality:              information collection are to obtain
                                              correspondence. The Commission will                      An assurance of confidentiality is not                information necessary for licensing
                                              also accept your comments via email at                   offered because this information                      operators of Mobile-Satellite Service
                                              PRA@fcc.gov.                                             collection does not require the                       (MSS) networks to provide ancillary
                                                 To request materials in accessible                    collection of personally identifiable                 services in the U.S. via terrestrial base
                                              formats for people with disabilities                     information (PII) from individuals.                   stations (Ancillary Terrestrial
                                              (Braille, large print, electronic files,                    Privacy Act: No impact(s).                         Components, or ATCs); obtain the legal
                                              audio format), send an email to fcc504@                     Needs and Uses: On December 23,                    and technical information required to
                                              fcc.gov or call the Consumer and                         2016, the Commission released a Report                facilitate the integration of ATCs into
                                              Governmental Affairs Bureau at (202)                     and Order in IB Docket No. 13–213, FCC                MSS networks in the L-Band and the
sradovich on DSK3GMQ082PROD with RULES




                                              418–0530 (voice), (202) 418–0432                         16–181, titled ‘‘Terrestrial Use of the               1.6/2.4 GHz Bands; and to ensure that
                                              (TTY).                                                   2473–2495 MHz Band for Low-Power                      ATC licensees meet the Commission’s
                                                                                                       Mobile Broadband Networks;                            legal and technical requirements to
                                              SYNOPSIS                                                 Amendments to Rules for the Ancillary                 develop and maintain their MSS
                                                As required by the Paperwork                           Terrestrial Component of Mobile                       networks and operate their ATC systems
                                              Reduction Act of 1995 (44 U.S.C. 3507),                  Satellite Service Systems.’’ The                      without causing harmful interference to
                                              the FCC is notifying the public that it                  revisions to 47 CFR part 25 adopted in                other radio systems.


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                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                       58761

                                              Federal Communications Commission.                       Conservation and Management Act                       (January through June, and July through
                                              Marlene H. Dortch,                                       (Magnuson-Stevens Act; 16 U.S.C. 1801                 December).
                                              Secretary.                                               et seq.) governing the harvest of North               Adjustment of SWO General
                                              [FR Doc. 2017–26943 Filed 12–13–17; 8:45 am]             Atlantic swordfish by persons and                     Commercial Permit Vessel Retention
                                              BILLING CODE 6712–01–P                                   vessels subject to U.S. jurisdiction are              Limits
                                                                                                       found at 50 CFR part 635. Section
                                                                                                       635.27 subdivides the U.S. North                         The 2018 North Atlantic swordfish
                                              DEPARTMENT OF COMMERCE                                   Atlantic swordfish quota recommended                  fishing year, which is managed on a
                                                                                                       by the International Commission for the               calendar-year basis and divided into
                                              National Oceanic and Atmospheric                         Conservation of Atlantic Tunas (ICCAT)                two equal semi-annual quotas, begins on
                                              Administration                                           and implemented by the United States                  January 1, 2018. Landings attributable to
                                                                                                       into two equal semi-annual directed                   the SWO General Commercial permit
                                              50 CFR Part 635                                          fishery quotas—an annual incidental                   are counted against the applicable semi-
                                                                                                       catch quota for fishermen targeting other             annual directed fishery quota. Regional
                                              [Docket No. 120627194–3657–02]                                                                                 default retention limits for this permit
                                                                                                       species or catching swordfish
                                              RIN 0648–XF817                                           recreationally, and a reserve category,               have been established and are
                                                                                                       according to the allocations established              automatically effective from January 1
                                              Atlantic Highly Migratory Species;                       in the 2006 Consolidated Highly                       through December 31 each year, unless
                                              North Atlantic Swordfish Fishery                         Migratory Species Fishery Management                  changed based on the inseason regional
                                                                                                       Plan (2006 Consolidated HMS FMP) (71                  retention limit adjustment criteria at
                                              AGENCY:  National Marine Fisheries                                                                             § 635.24(b)(4)(iv). The default retention
                                              Service (NMFS), National Oceanic and                     FR 58058, October 2, 2006), as
                                                                                                       amended, and in accordance with                       limits established for the SWO General
                                              Atmospheric Administration (NOAA),                                                                             Commercial permit are: (1) Northwest
                                              Commerce.                                                implementing regulations. NMFS is
                                                                                                       required under ATCA and the                           Atlantic region—three swordfish per
                                              ACTION: Temporary rule; Swordfish                                                                              vessel per trip; (2) Gulf of Mexico
                                              General Commercial permit retention                      Magnuson-Stevens Act to provide U.S.
                                                                                                       fishing vessels with a reasonable                     region—three swordfish per vessel per
                                              limit inseason adjustment for the                                                                              trip; (3) U.S. Caribbean region—two
                                              Northwest Atlantic, Gulf of Mexico, and                  opportunity to harvest the ICCAT-
                                                                                                                                                             swordfish per vessel per trip; and, (4)
                                              U.S. Caribbean regions.                                  recommended quota.
                                                                                                                                                             Florida SWO Management Area—zero
                                                                                                          In 2017, ICCAT recommended that                    swordfish per vessel per trip. The
                                              SUMMARY:   NMFS is adjusting the                         the overall North Atlantic swordfish                  default retention limits apply to SWO
                                              Swordfish (SWO) General Commercial                       total allowable catch (TAC) be set at                 General Commercial permitted vessels
                                              permit retention limits for the                          9,925 metric tons (mt) dressed weight                 and to HMS Charter/Headboat permitted
                                              Northwest Atlantic, Gulf of Mexico, and                  (dw) (13,200 mt whole weight (ww))                    vessels when fishing on non for-hire
                                              U.S. Caribbean regions for January                       through 2021. Consistent with scientific              trips. As a condition of these permits,
                                              through June of the 2018 fishing year,                   advice, this was a reduction of 500 mt                vessels may not possess, retain, or land
                                              unless otherwise later noticed. The                      ww (375.9 mt dw) from previous                        any more swordfish than is specified for
                                              SWO General Commercial permit                            ICCAT-recommended TACs. However,                      the region in which the vessel is
                                              retention limit in each of these regions                 of this TAC, the United States’ baseline              located.
                                              is increased from the regulatory default                 quota remained at 2,937.6 mt dw (3,907
                                              limits (either two or three fish) to six                                                                          Under § 635.24(b)(4)(iii), NMFS may
                                                                                                       mt ww) per year. The Recommendation                   increase or decrease the SWO General
                                              swordfish per vessel per trip. The SWO                   also continued to limit underharvest
                                              General Commercial permit retention                                                                            Commercial permit vessel retention
                                                                                                       carryover to 15 percent of a contracting              limit in any region within a range from
                                              limit in the Florida SWO Management                      party’s baseline quota. Thus, the United
                                              Area will remain unchanged at the                                                                              zero to a maximum of six swordfish per
                                                                                                       States could carry over a maximum of                  vessel per trip. Any adjustments to the
                                              default limit of zero swordfish per                      440.6 mt dw (586.0 mt ww) of
                                              vessel per trip. These adjustments apply                                                                       retention limits must be based upon a
                                                                                                       underharvest. Absent adjustments, the                 consideration of the relevant criteria
                                              to SWO General Commercial permitted                      codified baseline quota is 2,937.6 mt dw
                                              vessels and Highly Migratory Species                                                                           provided in § 635.24(b)(4)(iv), which
                                                                                                       for 2018. At this time, given the extent              include: The usefulness of information
                                              (HMS) Charter/Headboat permitted                         of underharvest in 2017, we anticipate
                                              vessels when on a non-for-hire trip. This                                                                      obtained from biological sampling and
                                                                                                       carrying over the maximum allowable                   monitoring of the North Atlantic
                                              action is based upon consideration of                    15 percent (440.6 mt dw), which would
                                              the applicable inseason regional                                                                               swordfish stock; the estimated ability of
                                                                                                       result in a final adjusted North Atlantic             vessels participating in the fishery to
                                              retention limit adjustment criteria.                     swordfish quota for the 2018 fishing                  land the amount of swordfish quota
                                              DATES: The adjusted SWO General                          year equal to 3,378.2 mt dw (2,937.6 +                available before the end of the fishing
                                              Commercial permit retention limits in                    440.6 = 3,378.2 mt dw). Also as in past               year; the estimated amounts by which
                                              the Northwest Atlantic, Gulf of Mexico,                  years, we anticipate allocating from the              quotas for other categories of the fishery
                                              and U.S. Caribbean regions are effective                 adjusted quota, 50 mt dw to the Reserve               might be exceeded; effects of the
                                              from January 1, 2018, through June 30,                   category for inseason adjustments and                 adjustment on accomplishing the
                                              2018.                                                    research, and 300 mt dw to the                        objectives of the fishery management
                                              FOR FURTHER INFORMATION CONTACT:                         Incidental category, which includes                   plan and its amendments; variations in
sradovich on DSK3GMQ082PROD with RULES




                                              Rick Pearson or Randy Blankinship,                       recreational landings and landings by                 seasonal distribution, abundance, or
                                              727–824–5399.                                            incidental swordfish permit holders, per              migration patterns of swordfish; effects
                                              SUPPLEMENTARY INFORMATION:                               § 635.27(c)(1)(i). This would result in an            of catch rates in one region precluding
                                              Regulations implemented under the                        allocation of 3,028.2 mt dw for the                   vessels in another region from having a
                                              authority of the Atlantic Tunas                          directed fishery, which would be split                reasonable opportunity to harvest a
                                              Convention Act (ATCA; 16 U.S.C. 971 et                   equally (1,514.1 mt dw) between the                   portion of the overall swordfish quota;
                                              seq.) and the Magnuson-Stevens Fishery                   two semi-annual periods in 2018                       and, review of dealer reports, landing


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Document Created: 2018-10-25 10:52:47
Document Modified: 2018-10-25 10:52:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; announcement of effective date.
DatesThe amendments to 47 CFR 25.149 published at 82 FR 8814, January 31, 2017, are effective December 14, 2017.
ContactStephen Duall, Satellite Division, International Bureau, at 202-418-1103 or via email at [email protected]
FR Citation82 FR 58759 

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