Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43123

Accounting Safeguards Order, including

the modifications to our affiliate

transactions rules, shall become

effective August 12, 1997. These

amendments, which contained

information collection requirements,

were published in the Federal Register

of January 21, 1997, and corrected by a

document published on March 6, 1997.

EFFECTIVE DATE: The amendments to 47

CFR parts 32 and 53 published at 62 FR

2918 and corrected at 62 FR 10220 are

effective August 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Warren Firschein, Common Carrier

Bureau, (202) 418–0844.

SUPPLEMENTARY INFORMATION: On

December 24, 1996, the Commission

released the Accounting Safeguards

Order (FCC 96–490) establishing the

accounting safeguards necessary to

satisfy the requirements of sections 260

and 271 through 276 of the

Communications Act of 1934, as

amended by the Telecommunications

Act of 1996, 62 FR 2918, January 21,

1997. This Order prescribed the way

incumbent local exchange carriers,

including the Bell Operating Companies

(‘‘BOCs’’), must account for transactions

with affiliates involving, and allocate

costs incurred in the provision of, both

regulated telecommunications services

and nonregulated services, including

telemessaging, interLATA

telecommunications, information,

manufacturing, electronic publishing,

alarm monitoring and payphone

services, to ensure compliance with the

Act. The Accounting Safeguard Order

amended 47 CFR 32.27 and added

several provisions to part 53 of our

rules. Because they imposed new or

modified information collection

requirements, these particular rule

changes could not become effective

until approved by the Office of

Management and Budget (‘‘OMB’’)

pursuant to the Paperwork Reduction

Act of 1995, Public Law 104–13. In an

Errata released February 19, 1997 and

published in the Federal Register March

6, 1997, 62 FR 10220, we stated that the

requirements and regulations

established in the Accounting

Safeguards Order with regard to part 32

of our rules shall become effective upon

approval by OMB, but no sooner than

six months after publication in the

Federal Register. We also stated that the

remaining new and/or modified

information collections established in

this Order shall become effective upon

approval by OMB, but no sooner than

thirty days after publication in the

Federal Register. OMB approved these

rule changes on May 7, 1997.

In the Federal Register Summary of

the Errata, we stated that ‘‘[t]he

Commission will publish a document at

a later date establishing the effective

dates of these rules.’’ This statement

requires further action by the

Commission to establish the effective

date, notwithstanding the preceding

statement in the summary that the rule

changes imposing new or modified

information collection requirements

would become effective upon OMB

approval. In order to resolve this matter

in a manner that most appropriately

provides interested parties with proper

notice, the rule changes adopted in the

Accounting Safeguards Order shall

become effective August 12, 1997.

List of Subjects

47 CFR Part 32

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone, Uniform

System of Accounts.

47 CFR Part 53

Accounting, Bell Operating

Companies, Communications common

carriers, Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–21187 Filed 8–11–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–77; RM–8780, RM–8918]

Radio Broadcasting Services; Hobbs,

Tatum and Jal, NM

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of MTD, Inc., allots Channel

296C to Tatum, NM, as the community’s

first local aural transmission service,

substitutes Channel 279C1 for Channel

296C1 at Jal, NM, and modifies Station

KXJW’s construction permit to specify

operation on the alternate Class C1

channel. See 61 FR 18541, April 26,

1996, 62 FR 18558, April 16, 1997. The

request of Great Plains Broadcasting Co.,

Inc., to allot Channel 279A to Hobbs,

NM, as the community’s fifth local FM

and seventh local aural service, is

denied. Channel 296C can be allotted to

Tatum in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 13.2 kilometers (8.2 miles)

west, at coordinates 33–15–27 NL; 103–

27–22 WL, to avoid a short-spacing to

Stations KPOS–FM, Channel 297C2,

Post, TX, and KSMX, Channel 298C1,

Clovis, NM. Channel 279C1 can be

allotted to Jal at coordinates 32–25–53

NL; 103–09–08 WL, which is the

transmitter site specified in Station

KXJW’s construction permit. Tatum and

Jal are both located within 320

kilometers (199 miles) of the U.S.-

Mexican border. Mexican concurrence

in these allotments has been requested

but not yet received. Therefore, in an

effort to introduce a new FM service to

Tatum, the allotment is subject to the

following condition: ‘‘Operation with

the facilities specified herein is subject

to modification, suspension, or

termination without right to a hearing,

if found by the Commission to be

necessary in order to conform to the

1992 USA-Mexico FM Broadcast

Agreement.’’ With this action, this

proceeding is terminated.

DATES: Effective September 15, 1997.

The window period for filing

applications for Channel 296C at Tatum,

NM, will open on September 15, 1997,

and close on October 16, 1997.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–77,

adopted July 23, 1997, and released

August 1, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by removing Channel 296A
43124 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

and adding Channel 279C1at Jal, and

adding Tatum, Channel 296C.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–20658 Filed 8–11–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[I.D. 080497A]

RIN 0648–AH97

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of exemption and request

for comments.

SUMMARY: NMFS issues this document

to allow use of 55-minute tow times by

shrimp trawlers in inshore waters in

Alabama as an alternative to the

requirement to use Turtle Excluder

Devices (TEDs). This area was affected

by Hurricane Danny on and about July

19, 1997. NMFS has been notified by the

Director of the Marine Resources

Division of the Alabama Department of

Conservation and Natural Resources

that large amounts of debris in

Alabama’s bays as a result of the

hurricane are causing extraordinary

difficulty with the performance of TEDs.

NMFS will monitor the situation to

ensure that there is adequate protection

for sea turtles in this area and to

determine whether impacts from the

hurricane continue to make TED use

impracticable.

DATES: This action is effective from

August 6, 1997 through September 5,

1997. Comments on this action are

requested, and must be received by

September 5, 1997.

ADDRESSES: Comments on this action

should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 813–570–5312, or

Barbara A. Schroeder, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened,

except for breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, which are listed as

endangered.

The incidental take and mortality of

these species, as a result of shrimp

trawling activities, have been

documented in the Gulf of Mexico and

along the Atlantic seaboard. Under the

ESA and its implementing regulations,

taking sea turtles is prohibited, with

exceptions identified in 50 CFR 227.72.

Existing sea turtle conservation

regulations (50 CFR part 227, subpart D)

require most shrimp trawlers operating

in the Gulf and Atlantic areas to have a

NMFS-approved TED installed in each

net rigged for fishing, year round.

The sea turtle conservation

regulations provide for the use of

limited tow times as an alternative to

the use of TEDs for vessels with certain

specified characteristics or under

certain special circumstances. The

provisions of 50 CFR 227.72 (e)(3)(ii)

specify that the Assistant Administrator

for Fisheries, NOAA (Assistant

Administrator), may authorize

‘‘compliance with tow time restrictions

as an alternative to the TED

requirement, if [he] determines that the

presence of algae, seaweed, debris or

other special environmental conditions

in a particular area makes trawling with

TED-equipped nets impracticable.’’ The

provisions of 50 CFR 227.72(e)(3)(i)

specify the maximum tow times that

may be used when authorized as an

alternative to use of TEDs. The tow

times may be no more than 55 minutes

from April 1 through October 31 and no

more than 75 minutes from November 1

through March 31. NMFS has selected

these tow time limits to minimize the

level of mortality of sea turtles that are

captured by trawl nets that are not

equipped with TEDs.

Recent Events

On July 19, 1997, Hurricane Danny hit

the Alabama coast. The hurricane

remained stationary over Mobile Bay

and the south Alabama coast for an

entire day and deposited record

amounts of rain on the area. The

Director of the Marine Resources

Division of the Alabama Department of

Conservation and Natural Resources

(Alabama Director) stated in a July 28

letter to the NMFS Southeast Regional

Administrator that ‘‘[t]he aftermath of

the destructive wind and seas left a

tremendous amount of debris in

Alabama’s bays.’’ He further stated that

the ‘‘inordinate amount of debris is

causing extraordinary difficulty with the

performance of [TEDs] in these areas’’

and that ‘‘TEDs are being rendered

inoperable by the debris that is being

picked up.’’ His letter requested that

NMFS use its authority to allow the use

of 55-minute tow times as an alternative

to TEDs for a 30-day period in

Alabama’s inshore waters that are open

to shrimping.

Special Environmental Conditions

The Assistant Administrator finds

that the impacts of Hurricane Danny

may have created special environmental

conditions that may make trawling with

TED-equipped nets impracticable.

Therefore, the Assistant Administrator

issues this document to authorize the

use of restricted tow times as an

alternative to the use of TEDs in the

inshore waters of Alabama. The State of

Alabama is continuing to investigate the

situation and is cooperating with NMFS

in determining the ongoing extent and

nature of the debris problem in Alabama

inshore waters. Moreover, the Alabama

Director has stated that Alabama’s

enforcement officers would assist with

the enforcement of the restricted tow

times. Ensuring compliance with tow

time restrictions is critical to effective

sea turtle protection, and the

commitment from the Alabama Director

to provide additional enforcement of the

tow time restrictions is an important

factor enabling NMFS to issue this

authorization.

Continued Use of TEDs

NMFS encourages shrimp trawlers in

Alabama inshore waters to continue to

use TEDs if possible, even though they

may be authorized under this notice to

use restricted tow times. NMFS studies

have shown that the problem of

clogging, either by seagrass, algae, or

other debris is not unique to TEDequipped nets. When fishermen trawl in

problem areas, they may experience

clogging with or without TEDs. A

particular concern of fishermen,

however, is that clogging in a TEDequipped net may hold open the turtle

escape opening and increase the risk of

shrimp loss. On the other hand, TEDs

also help exclude certain types of debris

and allow shrimpers to conduct longer

tows.