83_FR_31588 83 FR 31458 - Connect America Fund

83 FR 31458 - Connect America Fund

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range31458-31460
FR Document2018-14148

In this document, the Federal Communications Commission (Commission) addresses the petition for reconsideration filed by Alaska Communications Systems (ACS) of the October 31, 2016 Commission's ACS Connect America Fund (CAF) Phase II Order. The Commission denies the petition.

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Rules and Regulations]
[Pages 31458-31460]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14148]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[WC Docket Nos. 10-90; FCC 18-53]


Connect America Fund

AGENCY: Federal Communications Commission.

ACTION: Denial of petition for reconsideration.

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

SUMMARY: In this document, the Federal Communications Commission 
(Commission) addresses the petition for reconsideration filed by Alaska 
Communications Systems (ACS) of the October 31, 2016 Commission's ACS 
Connect America Fund (CAF) Phase II Order. The Commission denies the 
petition.

DATES: The denial of the petition for reconsideration is effective 
August 6, 2018.

FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition 
Bureau, (202) 418-7400 or TTY: (202) 418-0484.

[[Page 31459]]


SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration in WC Docket Nos. 10-90; FCC 18-53, adopted on April 
25, 2018 and released on April 26, 2018. The full text of this document 
is available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 12th Street SW, Washington, DC 
20554 or at the following internet address: https://www.fcc.gov/document/fcc-addresses-alaska-communications-systems-high-cost-petition.

I. Introduction

    1. In this Order, the Commission addresses the petition for 
reconsideration filed by ACS of the October 31, 2016 Commission ACS CAF 
Phase II Order. The ACS CAF II Order, 81 FR 83706, November 22, 2016, 
established the CAF Phase II voice and broadband service obligations 
for ACS. In its petition, ACS seeks reconsideration of the Commission's 
definition of ``high-cost,'' which the Commission adopted to provide 
ACS flexibility to meet its service commitment by deploying to certain 
locations within census blocks that otherwise have been identified as 
``low cost.'' The Commission required ACS to certify, in order to take 
advantage of that flexibility, that its minimum capital expenditure 
(capex) for each location in the ``low cost'' census block was at least 
$5,000, whereas ACS asks that the threshold be lowered to $2,577.79.
    2. The Commission hereby denies the ACS petition. In denying the 
petition, the Commission determines that it struck an appropriate 
balance in providing ACS some flexibility in meeting its service 
commitment, while ensuring that high-cost support is targeted to areas 
that need it most.

II. Discussion

    3. The Commission denies ACS' petition to reconsider the conditions 
the Commission placed on the flexibility it granted ACS. In structuring 
support, the Commission adopted a tailored approach that reflects the 
unique challenges of serving Alaska, while preserving and adhering to 
its fundamental universal service principles and policies--including 
targeting support to locations that are truly in need of support. In 
its petition, ACS states that it ``objects to none of [the] conditions 
[of substituting high-cost locations in low-cost census blocks], but 
seeks reconsideration only of the meaning of `high-cost' in [that] 
context.''
    4. As a matter of policy, the Commission decided that the minimum 
capex for permitting ACS to substitute a location in a low-cost census 
block for a location in a high-cost census block would be $5,000 as a 
way of prioritizing support going to higher-cost unserved locations 
even when allowing ACS to forego deploying to locations in model-
identified eligible census blocks. Setting the threshold at or near the 
lower bound of what ACS estimates is the capex required to serve a 
location in a high-cost census block would counter the Commission's 
objective in the ACS CAF II Order, because it would allow funding to be 
re-directed to relatively lower cost locations while leaving higher 
cost locations unserved. These relatively lower cost locations that 
would be eligible under the revised threshold are precisely the 
locations that are more likely to be served even in the absence of 
universal service support. Particularly given that ACS does not propose 
that their support levels be adjusted to account for the fact that they 
would be serving relatively lower cost locations, granting the ACS 
request would work against the Commission's efforts to efficiently 
serve the higher cost locations which are least likely to be served 
apart from universal service support. Therefore, the Commission chose 
to set the minimum threshold at the average capex for locations in 
high-cost areas otherwise available to ACS, instead of at the lower 
bound otherwise used for determining funded locations. This decision 
thus made sure such flexibility was available to ACS only in instances 
where the location is among the more costly to serve.
    5. As the steward of the limited Universal Service Fund (USF), the 
Commission has discretion to tailor high-cost support to areas that are 
the most costly to serve. It is reasonable and entirely within the 
Commission's authority to limit the flexibility by prioritizing 
deployment to locations with a greater need for funding, based on the 
amount of capex ACS actually spends. ACS seems to concede this is a 
lawful and proper exercise of the Commission's discretion as it seeks 
even greater flexibility. The $5,000 minimum threshold ensures that ACS 
is meeting its obligation to serve the locations in model-determined 
high-cost areas, while allowing ACS some flexibility to exchange some 
unserved locations in adjacent census blocks for which the cost model 
did not calculate support, but which nevertheless ultimately are among 
the costliest for ACS to serve. As the flexibility to swap locations is 
an exception based on the unique circumstance of ACS in Alaska, the 
Commission finds that establishing this limit is reasonable and 
consistent with its overarching universal service principal and 
policies. The Commission is not persuaded by ACS's arguments that there 
is no reasonable basis for the $5,000 minimum capex certification 
requirement or that this obligation is contrary to the public interest.
    6. ACS is also misguided in arguing that the $5,000 minimum 
threshold will leave certain locations unserved and deny support to 
locations that are otherwise entitled to it. ACS is not required to 
substitute any locations, and regardless of whether it does, must still 
deploy to 31,571 locations by the end of the term of support. The 
Commission made a limited exception in the ACS CAF II Order that allows 
ACS to use high-cost support in model-determined low-cost census blocks 
where the population is lacking service and where it is very costly. 
Although the level of the threshold will affect which specific 
locations are served and counted toward the requirement, the public 
interest is served because the number of locations ACS is required to 
serve remains the same.
    7. ACS has long argued that the CAM does not appropriately account 
for the significantly higher costs required to build and operate in 
Alaska. It is due, in part, to this advocacy that the Commission 
adopted an ACS-specific order. However, accepting ACS's premise that 
the CAM underestimates locations' costs would counsel against 
establishing a threshold at the lower end of what ACS's own analysis of 
the CAM would define as a high-cost location. To use a threshold at 
such a level would imply that the Commission should allow ACS the 
flexibility to substitute locations that may not even require support 
while abandoning locations that are clearly in need of high-cost 
support. This is because accepting the premise that the CAM 
underestimates costs would suggest the lower bound threshold ACS 
proposes is likely too low. By setting the threshold at $5,000 per 
location, the Commission was able to allow for some flexibility while 
also reducing subsidization of lower cost locations. Based on ACS' 
representations regarding capex costs in Alaska and the costs to build 
to these unserved locations, meeting this threshold should not be 
problematic. Therefore, the Commission finds its decision was reasoned 
and serves the public interest. ACS provided nothing in its Petition 
that persuades us to alter this requirement.

[[Page 31460]]

III. Procedural Matters

A. Paperwork Reduction Act

    8. This document does not contain new information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. In addition, therefore, it does not contain any new 
or 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).

B. Congressional Review Act

    9. The Commission will send a copy of this Report and Order to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

IV. Ordering Clauses

    10. Accordingly, it is ordered, pursuant to the authority contained 
in sections 1, 4(j), 214, 254, and 405 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(j), 214, 254, and 405 and Sec.  
1.429 of the Commission's rules, 47 CFR 1.429, that this Order is 
adopted.
    11. It is further ordered that, pursuant to the authority contained 
in sections 1, 4(j), 214, 254, and 405 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(j), 214, 254, and 405, and Sec.  
1.429 of the Commission's rules, 47 CFR 1.429, the Petition for 
Reconsideration of the Commission's Order, filed by Alaska 
Communications, is denied as discussed herein.
    12. It is further ordered that, pursuant to the authority contained 
in Sec.  1.103 of the Commission's rules, 47 CFR 1.103, this Order 
shall be effective August 6, 2018.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-14148 Filed 7-5-18; 8:45 am]
 BILLING CODE 6712-01-P



                                              31458                    Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations

                                                  (c) * * *

                                                                                                               EPA-APPROVED ALABAMA REGULATIONS
                                                                                                                                             State
                                                          State citation                                Title/subject                                                   EPA approval date                      Explanation
                                                                                                                                         effective date

                                                                                                                        Chapter No. 335–1–1 Organization

                                              Section 335–1–1–.03 ..............           Organization and Duties of                         12/8/2017           7/6/2018, [Insert citation of
                                                                                             the Commission.                                                        publication].
                                              Section 335–1–1–.04 ..............           Organization of the Depart-                        12/8/2017           7/6/2018, [Insert citation of
                                                                                             ment.                                                                  publication].

                                                          *                            *                           *                              *                          *                     *                      *



                                              *       *       *       *       *                                     (e) * * *

                                                                                                 EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
                                                                                                                                            State
                                                  Name of nonregulatory SIP                    Applicable geographic or                 submittal date/                 EPA approval date                      Explanation
                                                          provision                              nonattainment area                        effective
                                                                                                                                             date


                                                       *                    *                       *                                          *                             *                     *                      *
                                              110(a)(1) and (2) Infrastruc-   Alabama .................................                       12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                1997 Annual PM2.5 NAAQS.                                                                                                                                 128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc- Alabama .................................                         12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2006 24-hour PM2.5 NAAQS.                                                                                                                                128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc- Alabama .................................                         12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2012 24-hour PM2.5 NAAQS.                                                                                                                                128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc-                Alabama .................................          12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2008 Lead NAAQS.                                                                                                                                         128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc- Alabama .................................                         12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2008 8-hour Ozone NAAQS.                                                                                                                                 128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc-                Alabama .................................          12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2010 NO2 NAAQS.                                                                                                                                          128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.
                                              110(a)(1) and (2) Infrastruc-                Alabama .................................          12/8/2017           7/6/2018, [Insert citation of        Addressing the state board
                                                ture Requirements for the                                                                                           publication].                        requirements of sections
                                                2010 SO2 NAAQS.                                                                                                                                          128 and 110(a)(2)(E)(ii)
                                                                                                                                                                                                         only.



                                              § 52.53     [Amended]                                              FEDERAL COMMUNICATIONS                                            (Commission) addresses the petition for
                                                                                                                 COMMISSION                                                        reconsideration filed by Alaska
                                              ■ 3. Section 52.53 is amended by                                                                                                     Communications Systems (ACS) of the
                                              removing paragraphs (a) through (e).                               47 CFR Part 54                                                    October 31, 2016 Commission’s ACS
                                              [FR Doc. 2018–14525 Filed 7–5–18; 8:45 am]                                                                                           Connect America Fund (CAF) Phase II
                                              BILLING CODE 6560–50–P                                             [WC Docket Nos. 10–90; FCC 18–53]                                 Order. The Commission denies the
                                                                                                                                                                                   petition.
                                                                                                                 Connect America Fund
                                                                                                                                                                                   DATES: The denial of the petition for
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                 AGENCY: Federal Communications                                    reconsideration is effective August 6,
                                                                                                                 Commission.                                                       2018.
                                                                                                                 ACTION: Denial of petition for
                                                                                                                 reconsideration.                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                   Alexander Minard, Wireline
                                                                                                                        In this document, the Federal
                                                                                                                 SUMMARY:                                                          Competition Bureau, (202) 418–7400 or
                                                                                                                 Communications Commission                                         TTY: (202) 418–0484.


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                                                                    Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations                                         31459

                                              SUPPLEMENTARY INFORMATION:     This is a                 capex for permitting ACS to substitute                limit is reasonable and consistent with
                                              summary of the Commission’s Order on                     a location in a low-cost census block for             its overarching universal service
                                              Reconsideration in WC Docket Nos. 10–                    a location in a high-cost census block                principal and policies. The Commission
                                              90; FCC 18–53, adopted on April 25,                      would be $5,000 as a way of prioritizing              is not persuaded by ACS’s arguments
                                              2018 and released on April 26, 2018.                     support going to higher-cost unserved                 that there is no reasonable basis for the
                                              The full text of this document is                        locations even when allowing ACS to                   $5,000 minimum capex certification
                                              available for public inspection during                   forego deploying to locations in model-               requirement or that this obligation is
                                              regular business hours in the FCC                        identified eligible census blocks. Setting            contrary to the public interest.
                                              Reference Center, Room CY–A257, 445                      the threshold at or near the lower bound
                                              12th Street SW, Washington, DC 20554                     of what ACS estimates is the capex                       6. ACS is also misguided in arguing
                                              or at the following internet address:                    required to serve a location in a high-               that the $5,000 minimum threshold will
                                              https://www.fcc.gov/document/fcc-                        cost census block would counter the                   leave certain locations unserved and
                                              addresses-alaska-communications-                         Commission’s objective in the ACS CAF                 deny support to locations that are
                                              systems-high-cost-petition.                              II Order, because it would allow funding              otherwise entitled to it. ACS is not
                                                                                                       to be re-directed to relatively lower cost            required to substitute any locations, and
                                              I. Introduction
                                                                                                       locations while leaving higher cost                   regardless of whether it does, must still
                                                 1. In this Order, the Commission                      locations unserved. These relatively                  deploy to 31,571 locations by the end of
                                              addresses the petition for                               lower cost locations that would be                    the term of support. The Commission
                                              reconsideration filed by ACS of the                      eligible under the revised threshold are              made a limited exception in the ACS
                                              October 31, 2016 Commission ACS CAF                      precisely the locations that are more                 CAF II Order that allows ACS to use
                                              Phase II Order. The ACS CAF II Order,                    likely to be served even in the absence               high-cost support in model-determined
                                              81 FR 83706, November 22, 2016,                          of universal service support.                         low-cost census blocks where the
                                              established the CAF Phase II voice and                   Particularly given that ACS does not                  population is lacking service and where
                                              broadband service obligations for ACS.                   propose that their support levels be
                                              In its petition, ACS seeks                                                                                     it is very costly. Although the level of
                                                                                                       adjusted to account for the fact that they            the threshold will affect which specific
                                              reconsideration of the Commission’s                      would be serving relatively lower cost
                                              definition of ‘‘high-cost,’’ which the                                                                         locations are served and counted toward
                                                                                                       locations, granting the ACS request                   the requirement, the public interest is
                                              Commission adopted to provide ACS                        would work against the Commission’s
                                              flexibility to meet its service                                                                                served because the number of locations
                                                                                                       efforts to efficiently serve the higher               ACS is required to serve remains the
                                              commitment by deploying to certain                       cost locations which are least likely to
                                              locations within census blocks that                                                                            same.
                                                                                                       be served apart from universal service
                                              otherwise have been identified as ‘‘low                  support. Therefore, the Commission                       7. ACS has long argued that the CAM
                                              cost.’’ The Commission required ACS to                   chose to set the minimum threshold at                 does not appropriately account for the
                                              certify, in order to take advantage of that              the average capex for locations in high-              significantly higher costs required to
                                              flexibility, that its minimum capital                    cost areas otherwise available to ACS,                build and operate in Alaska. It is due,
                                              expenditure (capex) for each location in                 instead of at the lower bound otherwise               in part, to this advocacy that the
                                              the ‘‘low cost’’ census block was at least               used for determining funded locations.                Commission adopted an ACS-specific
                                              $5,000, whereas ACS asks that the                        This decision thus made sure such                     order. However, accepting ACS’s
                                              threshold be lowered to $2,577.79.                       flexibility was available to ACS only in              premise that the CAM underestimates
                                                 2. The Commission hereby denies the
                                                                                                       instances where the location is among                 locations’ costs would counsel against
                                              ACS petition. In denying the petition,
                                                                                                       the more costly to serve.                             establishing a threshold at the lower end
                                              the Commission determines that it
                                              struck an appropriate balance in                            5. As the steward of the limited                   of what ACS’s own analysis of the CAM
                                              providing ACS some flexibility in                        Universal Service Fund (USF), the                     would define as a high-cost location. To
                                              meeting its service commitment, while                    Commission has discretion to tailor                   use a threshold at such a level would
                                              ensuring that high-cost support is                       high-cost support to areas that are the               imply that the Commission should
                                              targeted to areas that need it most.                     most costly to serve. It is reasonable and            allow ACS the flexibility to substitute
                                                                                                       entirely within the Commission’s                      locations that may not even require
                                              II. Discussion                                           authority to limit the flexibility by                 support while abandoning locations that
                                                 3. The Commission denies ACS’                         prioritizing deployment to locations                  are clearly in need of high-cost support.
                                              petition to reconsider the conditions the                with a greater need for funding, based                This is because accepting the premise
                                              Commission placed on the flexibility it                  on the amount of capex ACS actually                   that the CAM underestimates costs
                                              granted ACS. In structuring support, the                 spends. ACS seems to concede this is a                would suggest the lower bound
                                              Commission adopted a tailored                            lawful and proper exercise of the                     threshold ACS proposes is likely too
                                              approach that reflects the unique                        Commission’s discretion as it seeks even              low. By setting the threshold at $5,000
                                              challenges of serving Alaska, while                      greater flexibility. The $5,000 minimum
                                                                                                                                                             per location, the Commission was able
                                              preserving and adhering to its                           threshold ensures that ACS is meeting
                                                                                                                                                             to allow for some flexibility while also
                                              fundamental universal service                            its obligation to serve the locations in
                                                                                                                                                             reducing subsidization of lower cost
                                              principles and policies—including                        model-determined high-cost areas,
                                                                                                       while allowing ACS some flexibility to                locations. Based on ACS’
                                              targeting support to locations that are
                                                                                                       exchange some unserved locations in                   representations regarding capex costs in
                                              truly in need of support. In its petition,
                                              ACS states that it ‘‘objects to none of                  adjacent census blocks for which the                  Alaska and the costs to build to these
sradovich on DSK3GMQ082PROD with RULES




                                              [the] conditions [of substituting high-                  cost model did not calculate support,                 unserved locations, meeting this
                                              cost locations in low-cost census                        but which nevertheless ultimately are                 threshold should not be problematic.
                                              blocks], but seeks reconsideration only                  among the costliest for ACS to serve. As              Therefore, the Commission finds its
                                              of the meaning of ‘high-cost’ in [that]                  the flexibility to swap locations is an               decision was reasoned and serves the
                                              context.’’                                               exception based on the unique                         public interest. ACS provided nothing
                                                 4. As a matter of policy, the                         circumstance of ACS in Alaska, the                    in its Petition that persuades us to alter
                                              Commission decided that the minimum                      Commission finds that establishing this               this requirement.


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                                              31460                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations

                                              III. Procedural Matters                                  DEPARTMENT OF COMMERCE                                OIRA_Submission@omb.eop.gov; or by
                                                                                                                                                             fax to (202) 395–5806.
                                              A. Paperwork Reduction Act                               National Oceanic and Atmospheric                      FOR FURTHER INFORMATION CONTACT:
                                                8. This document does not contain                      Administration                                        Megan Mackey, (907) 586–7228.
                                              new information collection                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                       50 CFR Part 679
                                              requirements subject to the Paperwork
                                                                                                                                                             Authority for Action
                                              Reduction Act of 1995 (PRA), Public                      [Docket No. 170714670–8561–02]
                                              Law 104–13. In addition, therefore, it                                                                            NMFS manages the groundfish
                                                                                                       RIN 0648–BH05
                                              does not contain any new or                                                                                    fisheries in the exclusive economic
                                              information collection burden for small                  Fisheries of the Exclusive Economic                   zones of the BSAI and GOA under the
                                              business concerns with fewer than 25                     Zone Off Alaska; Reclassifying Squid                  BSAI FMP and GOA FMP (collectively
                                              employees, pursuant to the Small                         Species in the BSAI and GOA                           the FMPs). The North Pacific Fishery
                                              Business Paperwork Relief Act of 2002,                                                                         Management Council (Council)
                                                                                                       AGENCY:  National Marine Fisheries                    prepared the FMPs under the authority
                                              Public Law 107–198, see 44 U.S.C.                        Service (NMFS), National Oceanic and
                                              3506(c)(4).                                                                                                    of the Magnuson-Stevens Fishery
                                                                                                       Atmospheric Administration (NOAA),                    Conservation and Management Act
                                              B. Congressional Review Act                              Commerce.                                             (Magnuson-Stevens Act), 16 U.S.C. 1801
                                                                                                       ACTION: Final rule.                                   et seq. Regulations implementing the
                                                9. The Commission will send a copy                                                                           FMPs appear at 50 CFR part 679.
                                              of this Report and Order to Congress                     SUMMARY:   NMFS issues regulations to                 General regulations governing U.S.
                                              and the Government Accountability                        implement Amendment 117 to the                        fisheries appear at 50 CFR part 600.
                                              Office pursuant to the Congressional                     Fishery Management Plan for                              This final rule implements
                                              Review Act, see 5 U.S.C. 801(a)(1)(A).                   Groundfish of the Bering Sea and                      Amendments 117/106 and updates the
                                                                                                       Aleutian Islands Management Area                      species code for octopus in several
                                              IV. Ordering Clauses                                     (BSAI FMP), implement Amendment                       tables to 50 CFR part 679. The Council
                                                                                                       106 to the Fishery Management Plan for                submitted Amendments 117/106 for
                                                10. Accordingly, it is ordered,
                                                                                                       Groundfish of the Gulf of Alaska (GOA                 review by the Secretary of Commerce,
                                              pursuant to the authority contained in                   FMP), and update the species code
                                              sections 1, 4(j), 214, 254, and 405 of the                                                                     and the notice of availability of these
                                                                                                       tables for octopus. This final rule                   amendments was published in the
                                              Communications Act of 1934, as                           prohibits directed fishing for the squid
                                              amended, 47 U.S.C. 151, 154(j), 214,                                                                           Federal Register on March 27, 2018,
                                                                                                       species complex (squids) by Federally                 with comments invited through May 29,
                                              254, and 405 and § 1.429 of the                          permitted groundfish fishermen,
                                              Commission’s rules, 47 CFR 1.429, that                                                                         2018 (83 FR 13117). NMFS published
                                                                                                       specifies a squid retention limit in the              the proposed rule for this action on
                                              this Order is adopted.                                   Gulf of Alaska (GOA) groundfish                       April 11, 2018 (83 FR 15538), with
                                                11. It is further ordered that, pursuant               fisheries consistent with the existing                comments invited through May 11,
                                              to the authority contained in sections 1,                Bering Sea and Aleutian Islands                       2018. NMFS received three comment
                                              4(j), 214, 254, and 405 of the                           Management Area (BSAI) squid                          letters from three members of the
                                              Communications Act of 1934, as                           retention limit, and makes minor                      public. The comments are summarized
                                              amended, 47 U.S.C. 151, 154(j), 214,                     corrections to the octopus species code               and responded to under the heading
                                              254, and 405, and § 1.429 of the                         tables. This action is intended to                    ‘‘Comments and Responses’’ below.
                                              Commission’s rules, 47 CFR 1.429, the                    promote the goals and objectives of the                  A detailed review of the provisions
                                              Petition for Reconsideration of the                      Magnuson-Stevens Fishery                              and rationale for this action is provided
                                                                                                       Conservation and Management Act, the                  in the preamble to the proposed rule
                                              Commission’s Order, filed by Alaska
                                                                                                       FMPs, and other applicable laws.                      and is briefly summarized in this final
                                              Communications, is denied as discussed
                                                                                                       DATES: Effective August 6, 2018.                      rule.
                                              herein.
                                                                                                       ADDRESSES: Electronic copies of
                                                12. It is further ordered that, pursuant                                                                     Background
                                                                                                       Amendment 117 to the BSAI FMP,
                                              to the authority contained in § 1.103 of                 Amendment 106 to the GOA FMP, and                        In June 2017, the Council voted
                                              the Commission’s rules, 47 CFR 1.103,                    the Environmental Assessment/                         unanimously to recommend FMP
                                              this Order shall be effective August 6,                  Regulatory Impact Review (collectively                Amendments 117/106 to reclassify
                                              2018.                                                    the ‘‘Analysis’’) prepared for this action            squids as non-target ecosystem
                                              Federal Communications Commission.                       may be obtained from                                  component species, not in need of
                                              Marlene Dortch,                                          www.regulations.gov.                                  conservation and management. Squids
                                                                                                          Electronic copies of the Initial                   are currently classified as target species
                                              Secretary, Office of the Secretary.
                                                                                                       Regulatory Flexibility Analyses for the               in the FMPs, though as discussed below,
                                              [FR Doc. 2018–14148 Filed 7–5–18; 8:45 am]
                                                                                                       BSAI and GOA Groundfish Harvest                       squids are currently only caught
                                              BILLING CODE 6712–01–P                                   Specifications for 2018 and 2019 may be               incidental to other target fisheries. To
                                                                                                       obtained from www.regulations.gov.                    implement FMP Amendments 117/106,
                                                                                                          Written comments regarding the                     NMFS implements regulations to
                                                                                                       burden-hour estimates or other aspects                prohibit directed fishing for squids by
                                                                                                       of the collection-of-information                      Federally permitted groundfish
sradovich on DSK3GMQ082PROD with RULES




                                                                                                       requirements contained in this final rule             fishermen and to specify a squid
                                                                                                       may be submitted by mail to NMFS,                     retention limit in the GOA groundfish
                                                                                                       Alaska Region, P.O. Box 21668, Juneau,                fisheries consistent with the existing
                                                                                                       AK 99082–1668, Attn: Ellen Sebastian,                 BSAI squid retention limit. The
                                                                                                       Records Officer; in person at NMFS,                   following sections of this preamble
                                                                                                       Alaska Region, 709 West 9th Street,                   describe (1) groundfish stock
                                                                                                       Room 420A, Juneau, AK; by email to                    classification in FMPs and a brief


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Document Created: 2018-07-06 00:46:15
Document Modified: 2018-07-06 00:46:15
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
ActionDenial of petition for reconsideration.
DatesThe denial of the petition for reconsideration is effective August 6, 2018.
ContactAlexander Minard, Wireline Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.
FR Citation83 FR 31458 

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