43484 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations

volume control; and newly purchased

and replacement telephones in

workplaces, confined settings and hotels

and motels must have volume control

on or after January 1, 2000. There are no

other recordkeeping or other

compliance requirements.

g. Report to Congress: The

Commission will include a copy of this

Supplementary Final Regulatory

Flexibility Analysis, along with this

Order on Reconsideration, in a report to

Congress pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1996, 5 U.S.C. Section 801(a)(1)(A). A

copy of this SFRFA (or summary

thereof) is also published herein.

Ordering Clauses

Accordingly, It Is Orderd that

pursuant to Sections 1, 4, 405, and 710

of the Communications Act of 1934, as

amended, 47 U.S.C. 151, 154, 405 and

610, part 68 of the Commission’s rules

Is Amended as set forth below.

2. It Is Further Ordered that, pursuant

to Sections 1, 4, 405, and 710 of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154, 405 and

610, the Petition for Reconsideration

filed by the Consumer Electronics

Manufacturers Association is granted to

the extent indicated herein, and

otherwise Denied.

3. It Is Further Ordered that the rule

amendments set forth below shall be

effective September 15, 1997.

List of Subjects in 47 CFR Part 68

Administrative practice and

procedure, Communications common

carriers, Communications equipment,

Hearing aid compatibility, Labeling,

Reporting and recordkeeping

requirements, Telephone, Volume

control.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 68 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 68—CONNECTION OF

TERMINAL EQUIPMENT TO THE

TELEPHONE NETWORK

1. The authority citation for Part 68 is

revised to read as follows:

Authority: 47 U.S.C. 154, 155, 303.

2. Section 68.6 is revised to read as

follows:

§ 68.6 Telephones with volume control.

As of January 1, 2000, all telephones,

including cordless telephones, as

defined in § 15.3(j) of this chapter,

manufactured in the United States

(other than for export) or imported for

use in the United States, must have

volume control in accordance with

§ 68.317. Secure telephones, as defined

by § 68.3 are exempt from this section,

as are telephones used with public

mobile services or private radio

services.

3. Section 68.112 is amended by

revising paragraphs (b)(3)(ii), (b)(3)(iii),

(b)(3)(iv), (b)(5)(ii), and (b)(6)(i), to read

as follows:

§ 68.112 Hearing aid-compatibility.

* * * * *

(b) * * *

(3) * * *

(ii) As of January 1, 2000 or January

1, 2005, whichever date is applicable,

there shall be a rebuttable presumption

that all telephones located in the

workplace are hearing aid compatible,

as defined in § 68.316. Any person who

identifies a telephone as non-hearing

aid-compatible, as defined in § 68.316,

may rebut this presumption. Such

telephone must be replaced within

fifteen working days with a hearing aid

compatible telephone, as defined in

§ 68.316, including, on or after January

1, 2000, with volume control, as defined

in § 68.317.

(iii) Telephones, not including

headsets, except those headsets

furnished under paragraph (b)(3)(i)(A) of

this section, that are purchased, or

replaced with newly acquired

telephones, must be:

(A) Hearing aid compatible, as

defined in § 68.316, after October 23,

1996; and

(B) Include volume control, as defined

in § 68.317, on or after January 1, 2000.

(iv) When a telephone under

paragraph (b)(3)(iii) of this section is

replaced with a telephone from

inventory existing before October 23,

1996, any person may make a bona fide

request that such telephone be hearing

aid compatible, as defined in § 68.316.

If the replacement occurs on or after

January 1, 2000, the telephone must

have volume control, as defined in

§ 68.317. The telephone shall be

provided within fifteen working days.

* * * * *

(5) * * *

(ii) Telephones that are purchased, or

replaced with newly acquired

telephones, must be:

(A) Hearing aid compatible, as

defined in § 68.116, after October 23,

1996; and

(B) Include volume control, as defined

in § 68.317, on or after January 1, 2000.

* * * * *

(6) * * *

(i) Anytime after October 23, 1996, if

a hotel or motel room is renovated or

newly constructed, or the telephone in

a hotel or motel room is replaced or

substantially, internally repaired, the

telephone in that room must be:

(A) Hearing aid compatible, as

defined in § 68.316, after October 23,

1996; and

(B) Include volume control, as defined

in § 68.317, on or after January 1, 2000.

* * * * *

[FR Doc. 97–20899 Filed 8–13–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 970429101–7101–01; I.D.

070297B]

Fisheries Off West Coast States and in

the Western Pacific States; West Coast

Salmon Fisheries; Inseason

Adjustment From the Queets River to

Leadbetter Point, WA

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason adjustment; request for

comments.

SUMMARY: NMFS announces that the

daily bag limit for the recreational

salmon fishery in the area from the

Queets River to Leadbetter Point, WA, is

two fish, only one of which may be a

chinook, beginning the season opening

date of July 21, 1997. This action is

intended to help meet the recreational

season duration objectives for this

subarea.

DATES: Effective July 21, 1997, through

September 25, 1997. Comments will be

accepted through August 28, 1997.

ADDRESSES: Comments may be mailed to

William Stelle, Jr., Regional

Administrator, Northwest Region,

NMFS (Regional Administrator), 7600

Sand Point Way NE., Seattle, WA

98115–0070. Information relevant to

this action is available for public review

during business hours at the office of

the Regional Administrator.

FOR FURTHER INFORMATION CONTACT:

William Robinson, 206–526–6140.

SUPPLEMENTARY INFORMATION: In the

annual management measures for ocean

salmon fisheries (62 FR 24355, May 5,

1997), NMFS announced that the

recreational fishery in the subarea

between the Queets River and
Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Rules and Regulations 43485

Leadbetter Point, WA, would open July

21, 1997 and continue through the

earlier of September 25, 1997, or

attainment of the 14,000 coho subarea

quota, with a bag limit of two fish per

day. Inseason management may be used

to sustain season length and keep

harvest within a guideline of 3,000

chinook.

The best available information on

June 4, 1997, indicated that the 1985–

1993 average of recreational catch ratios

is 4.7 coho to 1 chinook, which is

similar to the ratio of the coho quota to

the chinook guideline for this fishery.

Concern was expressed that this year’s

relative abundance of coho to chinook

might be lower and that the chinook

guideline could be achieved first, thus

leaving a large portion of the coho quota

unharvested. To optimize angler

opportunity to fish on the available

coho stocks, it is necessary to limit the

retention of chinook at the beginning of

the season by changing the bag limit to

two fish, only one of which may be a

chinook.

Modification of recreational bag limits

is authorized by regulations at 50 CFR

660.409(b)(1)(iii). All other restrictions

that apply to this fishery remain in

effect as announced in the annual

management measures, including the

restriction of no more than four fish in

7 consecutive days.

The Regional Administrator consulted

with representatives of the Pacific

Fishery Management Council, the

Washington Department of Fish and

Wildlife, and the Oregon Department of

Fish and Wildlife regarding this

adjustment. The State of Washington

will manage the recreational fishery in

state waters adjacent to this area of the

exclusive economic zone in accordance

with this Federal action. As provided by

the inseason notification procedures of

50 CFR 660.411, actual notice to

fishermen of this action was given prior

to 2400 hours local time, July 20, 1997,

by telephone hotline number 206–526–

6667 and 800–662–9825 and by U.S.

Coast Guard Notice to Mariners

broadcasts on Channel 16 VHF-FM and

2182 kHz. Because of the need for

immediate action to modify the bag

limit before the opening of this fishery,

NMFS has determined that good cause

exists for this notice to be issued

without affording a prior opportunity

for public comment. This action does

not apply to other fisheries that may be

operating in other areas.

Classification

This action is authorized by 50 CFR

660.409 and 660.411 and is exempt from

review under E.O. 12866.

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

Dated: August 8, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc.97–21465 Filed 8–13–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

080897B]

Fisheries of the Economic Exclusive

Zone Off Alaska; Shallow-water

Species Fishery by Vessels Using

Trawl Gear in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species that comprise the

shallow-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA), except for vessels fishing for

pollock using pelagic trawl gear in those

portions of the GOA open to directed

fishing for pollock. This action is

necessary because the third seasonal

bycatch allowance of Pacific halibut

apportioned to the shallow-water

species fishery in the GOA has been

caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), August 11, 1997, through

1200 hrs, A.l.t., October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The prohibited species bycatch

mortality allowance of Pacific halibut

for the GOA trawl shallow-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(A), was established as

200 metric tons by the Final 1997

Harvest Specifications of Groundfish for

the GOA (62 FR 8179, February 24,

1997) for the third season, the period

July 1, 1997 through September 30,

1997.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the third seasonal

apportionment of the 1997 Pacific

halibut bycatch mortality allowance

specified for the trawl shallow-water

species fishery in the GOA has been

caught. Consequently, the Regional

Administrator is closing directed fishing

for the species that comprise the

shallow-water species fishery by vessels

using trawl gear in the GOA, except for

vessels fishing for pollock using pelagic

trawl gear in those portions of the GOA

open to directed fishing for pollock. The

species and species groups that

comprise the shallow-water species

fishery are: pollock, Pacific cod,

shallow-water flatfish, flathead sole,

Atka mackerel, and ‘‘other species’’.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

exceeding the third seasonal allowance

of halibut mortality in the GOA. A delay

in the effective date is impracticable and

contrary to public interest. The fleet will

soon take the seasonal allowance of

halibut mortality. Further delay would

only result in the seasonal allowance

being exceeded and disrupt the FMP’s

objective of seasonally apportioning

halibut mortality throughout the year.

NMFS finds for good cause that the

implementation of this action cannot be

delayed for 30 days. Accordingly, under

U.S.C. 553(d), a delay in the effective

date is hereby waived.

Classification

This action is required by 50 CFR

679.21 and is exempt from review under

E.O. 12866.

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

Dated: August 8, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–21533 Filed 8–11–97; 12:13 pm]

BILLING CODE 3510–22–F