Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Rules and Regulations 4021

deferred consideration of such issues

and committed to begin a new

rulemaking proceeding to examine them

in depth.

2. Petitioners challenge this decision.

One argues that Section 6002(d)(3)(C) of

the Budget Act requires the Commission

to promulgate regulations governing

CMRS-to-CMRS interconnection no later

than August 10, 1994. Both request that

questions concerning the right of

cellular resellers to interconnect their

own switches to the facilities of licensed

cellular carriers and their right to obtain

such interconnection under reasonable

terms and conditions be resolved on

reconsideration, rather than deferred for

resolution in other proceedings. They

argue that resellers’ interconnection

rights must be determined under

Section 201 of the Act, and that cellular

resellers satisfy criteria established

under Section 201 to justify an order for

interconnection, i.e., that the request be

from a common carrier, and that the

request be ‘‘necessary or desirable to

serve the public interest.’’

3. The Order rejects the contention

that the Budget Act requires the

Commission to adopt rules mandating

CMRS-to-CMRS interconnection by

August 10, 1994. It states further that

the express language of the statute

undercuts the Petitioners’ claim that

CMRS providers have an unqualified

right to interconnect with CMRS

providers. Section 332(c)(1)(B) provides

that the Commission act ‘‘upon

reasonable request’’ and states further

that nothing in that section ‘‘shall be

construed as a limitation or expansion

of the Commission’s authority to order

interconnection pursuant to [Section

201 of] the Act.’’ Under Section 201, the

Commission is authorized to grant

requests for interconnection where,

‘‘after opportunity for hearing, [it finds]

such action necessary or desirable in the

public interest.’’ The Order points out

that nothing in this language gives

anyone an absolute right to

interconnection. It concludes therefrom

that, even if the Commission were

required to adopt rules to implement

Section 332(c)(1)(B) with respect to

CMRS-to-CMRS interconnection, those

rules would not have to mandate such

interconnection in all cases.

4. The Order also states that the

Commission’s decision in the CMRS

Second Report and Order to review the

public interest aspects of CMRS-toCMRS interconnection in a separate

proceeding is not only consistent with

the language of Sections 332 and 201,

but also is wholly in accord with its

responsibility and authority to structure

and conduct proceedings efficiently.

The Order notes that the Commission

initiated a comprehensive examination

of interconnection less than four months

after releasing the CMRS Second Report

and Order, and that it later issued a

Second Notice of Proposed Rulemaking

(59 FR 37734, July 25, 1994) in the same

docket, examining a broad range of

issues concerning CMRS

interconnection and CMRS resale,

including the reseller switch issue. The

Order denies the request for interim

relief implementing the reseller switch

proposal. The Order notes that, during

the period in which the Commission is

developing broad interconnection

policies in these proceedings, it has

explicitly provided resellers (and

others) the opportunity to file factspecific complaints concerning CMRSto-CMRS interconnection disputes,

should such disputes arise.

Ordering Clauses

5. Accordingly, it is ordered, that the

Petition for Reconsideration of the

Second Report and Order,

Implementation of Sections 3(n) and

332 of the Communications Act,

Regulatory Treatment of Mobile

Services, GN Docket No. 93–252, filed

jointly by Cellular Service, Inc., and

ComTech, Inc., and that portion of the

Petition for Reconsideration filed by the

National Wireless Resellers Association

that relates to the right of cellular

resellers to interconnect with facilitiesbased cellular carriers, are denied. This

action is taken pursuant to Sections 4(i),

4(j), 7(a), 201, 303(c), 303(f), 303(g),

303(r), 332(c) and 332(d) of the

Communications Act of 1934, 47 U.S.C.

§§ 154(i), 154(j), 157(a), 201, 303(c),

303(f), 303(g), 303(r), 332(c), 332(d).

List of Subjects

47 CFR Part 20

Commercial mobile radio services,

Radio.

47 CFR Part 22

Public mobile services, Radio.

47 CFR Part 24

Personal communications services,

Radio.

47 CFR Part 80

Maritime services, Radio.

47 CFR Part 90

Private land mobile services, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–2008 Filed 1–27–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961114317–7008–02; I.D.

102596B]

RIN 0648–XX70

Atlantic Surf Clam and Ocean Quahog

Fisheries; 1997 Fishing Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1997 fishing quotas for

surf clams and ocean quahogs.

SUMMARY: NMFS issues final quotas for

the Atlantic surf clam and ocean quahog

fisheries for 1997. These quotas are

selected from a range defined as

optimum yield (OY) for each fishery.

The intent of this action is to establish

allowable harvests of surf clams and

ocean quahogs from the exclusive

economic zone in 1997.

EFFECTIVE DATE: January 1, 1997,

through December 31, 1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis

and recommendations and

environmental assessment are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fisheries (FMP) directs NMFS, acting on

behalf of the Secretary of Commerce

(Secretary) and in consultation with the

Mid-Atlantic Fishery Management

Council (Council), to specify quotas for

surf clams and ocean quahogs on an

annual basis from a range defined by the

FMP as the OY for each fishery. For surf

clams, the quota must fall within the OY

range of 1.85 million bushels (mil. bu.)

(652,000 hectoliters (hL)) to 3.4 mil. bu.

(1.2 mil. hL). For ocean quahogs, the

quota must fall within the OY range of

4 mil. bu. (1.4 mil. hL) to 6 mil. bu. (2.1

mil. hL). Further, the Council follows

the policy that the quotas selected

should allow fishing to continue at that

level for at least 10 years for surf clams

and 30 years for ocean quahogs. While

staying within these constraints, the

quotas are also to be set at a level that
4022 Federal Register / Vol. 62, No. 18 / Tuesday, January 28, 1997 / Rules and Regulations

would meet the estimated annual

demand.

Amendment 9 to the FMP (61 FR

50807, September 27, 1996) revised

overfishing definitions for surf clams

and ocean quahogs. Overfishing was

previously defined for both species in

terms of actual yield levels. That is,

overfishing was defined as harvests in

excess of the quota levels specified.

However, that definition did not

incorporate biological considerations to

protect against overfishing. The

overfishing definitions contained in

Amendment 9 are fishing mortality rates

of F20% (20 percent of maximum

spawning potential (MSP)) for surf

clams and F20% (25 percent of MSP) for

ocean quahogs. These levels equate to

annual exploitation rates of 15.3 percent

for surf clams and 4.3 percent for ocean

quahogs.

This action establishes a surf clam

quota of 2.565 mil. bu. (1.36 mil. hL)

and an ocean quahog quota of 4.317 mil.

bu. (2.292 mil. hL) for the 1997

fisheries. The 1997 surf clam quota is

identical to the 1996 quota, and the

1997 ocean quahog quota represents a 3-

percent reduction from the 1996 quota.

These quotas established by NMFS on

behalf of the Secretary are unchanged

from the proposed quotas published in

the Federal Register on November 26,

1996 (61 FR 60074). The proposed rule

contains details concerning these quota

recommendations that are not repeated

here.

FINAL 1997 SURF CLAM/OCEAN

QUAHOG QUOTAS

Fishery

1996 final

quotas (mil.

bu.)

1996 final

quotas (mil.

hL)

Surf clam ........... 2,565,000 1,362,000

Ocean quahog .. 4,317,000 2,292,000

Comments

No comments were received during

the public comment period.

Classification

This action is authorized by 50 CFR

part 648 and is exempt from review

under E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation, Department

of Commerce, certified to the Chief

Counsel for Advocacy of the Small

Business Administration at the

proposed rule stage that these fishing

quotas would not have a significant

economic impact on a substantial

number of small entities. As a result, a

regulatory flexibility analysis was not

prepared. Details concerning this

certification were provided in the

proposed rule and are not repeated here.

Pursuant to 5 U.S.C. 553(d)(3), the

Assistant Administrator for Fisheries,

NOAA, finds for good cause that a delay

in the effective date is unnecessary

because this rule does not impose a

burden on the fishery, as it only

establishes year-long quotas to be used

for the sole purpose of closing the

fishery when the quotas are reached.

Therefore, it is unnecessary to delay this

rule’s effectiveness for 30 days.

Authority: 16 U.S.C. 1801 et seq.

Dated: January 16, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–2046 Filed 1–23–97; 3:37 pm]

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