Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules 45381

2. The 4th NPRM seeks comment on

a proposed spectrum etiquette for

unlicensed services in the 59–64 GHz

frequency band. The proposed spectrum

etiquette seeks to: (1) Establish a

coordination channel located at 59.0–

59.05 GHz to be used exclusively to

establish techniques that various

transmitters could use to help mitigate

or eliminate interference; (2) establish a

format for transmitter identification by

requiring a 60 GHz transmitter with an

output power of 0.1 mW or more to

transmit information that contains the

FCC ID number, the serial number of the

transmitter, and a user definable field of

up to 24 bytes of information; (3) adopt

a limit for peak equivalent isotropically

radiated power of 20 W for 60 GHz

transmitters; (4) limit the peak

transmitter output power to 500 mW;

and (5) limit the peak transmitter output

power for transmitters employing a 6 dB

bandwidth of less than 100 MHz, as

measured with a 100 kHz resolution

bandwidth spectrum analyzer,

according to the following formula: P ≤

500 [bandwidth in MHz/100] mW.

3. The Commission seeks comments

on whether it should adopt the

standards contained in the MWCWG

proposal. The Commission is

particularly interested in comments

regarding the proposed transmitter

identification requirements and the

designation of a coordination channel.

The Commission wishes to clarify,

however, that the reference in the

MWCWG filing for ‘‘radiated power’’

actually refers to transmitter output

power.

4. Parties commenting on the

proposed peak limits and measurements

should be aware of the possible

application of a pulse desensitization

correction factor. Comments should be

directed towards the specific substance

contained in the proposed Spectrum

Etiquette and we remind parties that the

actual regulations adopted may differ

from those contained in the proposed

Spectrum Etiquette.

Initial Regulatory Flexibility Analysis

5. Need for and Objective of the Rules.

This rule making proceeding is initiated

to obtain comments regarding the

proposed Spectrum Etiquette for general

unlicensed operation in the 59–64 GHz

band. The Commission seeks comment

on a spectrum etiquette proposed by the

Millimeter Wave Communications

Working Group for the purpose of

minimizing interference among general

unlicensed systems operating in the 59–

64 GHz band.

6. Legal Basis. The proposed action is

authorized under Sections 4(j), 301, 302,

303(e), 303(f), 303(g), 303(r), 304 and

307 of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 301, 302,

303(e), 303(f), 303(g), 303(r), 304 and

307.

7. Reporting, Recordkeeping and

Other Compliance Requirements. We

propose to establish a spectrum

etiquette that would apply to and

minimize interference between general

unlicensed systems operating in the 59–

64 GHz band. The spectrum etiquette

will require measurements to be

reported to the Commission as part of

the normal equipment authorization

process under our certification

procedure.

8. Federal Rules Which Overlap,

Duplicate or Conflict With These Rules.

None.

9. Description, Potential Impact and

Number of Small Entities Involved. We

expect that multiple manufacturers will

manufacture transmitters to operate in

the 59–64 GHz band for fixed field

disturbance sensors and high speed

computer to computer transmission

systems.

10. Any Significant Alternatives

Minimizing the Impact on Small Entities

Consistent With Stated Objectives.

None.

List of Subjects

47 CFR Part 2

Communications equipment, Radio.

47 CFR Part 15

Communications equipment,

Highway safety, Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–22551 Filed 8–26–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

50 CFR Part 38

RIN 1018–AE19

Supplemental Regulations for

Administration of Midway Atoll

National Wildlife Refuge

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes supplemental

regulations to provide for the

administration of the Midway Islands

and Midway Atoll National Wildlife

Refuge. Under the provisions of

Executive Order 13022 of October 31,

1996, the Midway Islands were

transferred from the jurisdiction and

control of the Department of the Navy

to the Department of the Interior for

administration as a national wildlife

refuge by the Service. 61 FR 56875

(1996). The proposed regulations would

supplement existing regulations in 50

CFR Parts 25–32 which also apply to

Midway Atoll National Refuge.

DATES: Comments may be submitted on

or before October 27, 1997.

ADDRESSES: Regional Director, Region 1,

U.S. Fish and Wildlife Service, (ARW/

OPR), 911 NE 11th. Ave., Portland, OR

97232–4181.

FOR FURTHER INFORMATION CONTACT:

Mark Strong, U.S. Fish and Wildlife

Service (ARW/OPR), Telephone (503)

231–2075.

SUPPLEMENTARY INFORMATION: The

Secretary of the Interior is authorized

under the National Wildlife Refuge

System Administration Act to permit

uses of units of the National Wildlife

Refuge System which he determines are

compatible with the purposes for which

the unit was established as a refuge. 16

U.S.C. 668dd(d)(1). Executive Order

13022 of October 31, 1996, vests in the

Secretary of the Interior legislative and

executive authority necessary for the

administration of the Midway Islands as

the Midway Atoll National Wildlife

Refuge.

The purposes of part 38 are to provide

supplemental regulations for the

administration of Midway Atoll

National Wildlife Refuge in addition to

those contained in 50 CFR Parts 25–32;

and to delegate certain powers, duties,

and responsibilities to appropriate

officers of the Service for the

administration of Midway Atoll

National Wildlife Refuge.

The National Wildlife Refuge System

Administration Act (NWRSAA) of 1966,

as amended (16 U.S.C. 668dd), and the

Refuge Recreation Act (RRA) of 1962 (16

U.S.C. 460k) govern the administration

and use of national wildlife refuges.

Specifically, Section 4(d)(1)(A) of the

NWRSAA authorizes the Secretary of

the Interior, under such regulations as

he may prescribe, to permit the use of

any area within the Refuge System for

any purpose, including but not limited

to, fishing and public recreation,

accommodations and access, whenever

he determines that such uses are

compatible with the major purpose(s)

for which the area was established.

Section 48 of the Hawaii Omnibus Act,

74 Stat. 424, provides for the civil

administration of Midway Island by the

agencies and officials authorized by the

President. The President has authorized

administration of the Midway Atoll

National Wildlife Refuge by the

Secretary of the Interior through the
45382 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules

U.S. Fish and Wildlife Service and

delegated to the Secretary executive and

legislative authority necessary for such

administration. Executive Order 13022

(Oct. 31, 1996). The Act of June 15,

1950, 64 Stat. 217, and 48 U.S.C. 644a

provide, in part, that the District Court

for the District of Hawaii has

jurisdiction over all civil and criminal

cases arising on or within the Midway

Islands.

The RRA authorizes the Secretary to

administer areas within the Refuge

System for public recreation as an

appropriate incidental or secondary use

to the extent that it is practicable and

not inconsistent with the primary

purpose(s) for which the areas were

established. The NWRSAA and the RRA

also authorizes the Secretary to issue

regulations to carry out the purposes of

the Acts and regulate uses.

The executive authority at the

Midway Islands is vested in the

Secretary of the Interior. The Director of

the Service and the Refuge Manager,

Midway Atoll National Wildlife Refuge,

exercise the Secretary’s executive

authority with respect to Midway Atoll

National Wildlife Refuge.

Request for Comments

The Service and Department of the

Interior desire to afford the public a

meaningful opportunity to participate in

this rulemaking process. Accordingly, a

60-day comment period is provided to

facilitate public input. Interested

persons may submit written comments

concerning this proposed rule to the

Regional Director, Region 1, U.S. Fish

and Wildlife Service, at the address

provided under ADDRESSES.

Paperwork Reduction Act

The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements.

Economic Effects/Regulatory Flexibility

Act Compliance

This rulemaking was not subject to

review by the Office of Management and

Budget under Executive Order 12866.

Under the provisions of Executive Order

13022, the Midway Islands were

transferred from the jurisdiction and

control of the Department of the Navy

to the Department of the Interior for

administration as a national wildlife

refuge by the Service. There are no

private businesses owned or

organizations found on the Island, other

than Service contractors brought in to

carryout well defined contractual

functions. Therefore, review under the

Regulatory Flexibility Act of 1980 (5

U.S.C. 601 et seq.) determined that this

proposed rulemaking would not have a

significant effect on a substantial

number of small entities, which include

businesses, organizations, and

governmental jurisdictions.

Unfunded Mandates

The Service has determined and

certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that

this rulemaking will not impose a cost

of $100 million or more in any given

year on local or State governments or

private entities.

Civil Justice Reform

The Department has determined that

these proposed regulations meet the

applicable standards provided in

Sections 3(a) and 3 (b)(2) of Executive

Order 12988.

Environmental Considerations

In accordance with 516 DM 2,

Appendix 1, the Service has determined

that this rule is categorically excluded

from the National Environmental Policy

Act (NEPA) process because it is limited

to ‘‘policies, directives, regulations and

guidelines of an administrative,

financial, legal, technical or procedural

nature.’’ 516 D.M. 2, Appendix 1, § 1.10.

Primary Author

The primary author of this rule is

Mark Strong, Fish and Wildlife Service,

Pacific Region (ARW/OPR).

List of Subjects 50 CFR Part 38

Authority delegations, Law

enforcement, Midway Atoll, Wildlife,

Wildlife refuges.

Accordingly, the service proposes to

amend subchapter C of chapter I, title 50

of the Code of Federal Regulations, by

adding a new part 38 to read as follows:

PART 38—MIDWAY ATOLL NATIONAL

WILDLIFE REFUGE

Subpart A—General

Sec.

38.1 Applicability.

38.2 Scope.

Subpart B—Executive Authority; Authorized

Powers; Emergency Authority

38.3 Executive authority; duration.

38.4 Authorized functions, powers, and

duties.

38.5 Emergency authority.

Subpart C—Prohibitions

38.6 General.

38.7 Adopted offenses.

38.8 Consistency with Federal law.

38.9 Breach of the peace.

38.10 Trespass.

38.11 Prostitution and lewd behavior.

38.12 Alcoholic beverages.

38.13 Speed limits.

38.14 Miscellaneous prohibitions.

38.15 Attempt.

38.16 Penalties.

Subpart D—Civil Administration

38.17 General

Authority: 5 U.S.C. 301; 16 U.S.C. 460k et

seq., 664, 668dd, 742(f), 3901 et seq.; 48

U.S.C. 644a; P.L. 86–624, § 48 (74 Stat. 424);

E.O. 13022, 61 FR 56875 (1996).

Subpart A—General

§ 38.1 Applicability.

(a) The regulations of this part apply

to the Midway Atoll National Wildlife

Refuge. For the purposes of this part, the

Midway Atoll National Wildlife Refuge

includes the Midway Islands, Hawaiian

Group, between the parallels of 28°5′

and 28°25′ North latitude, and their

territorial seas located approximately

between the meridians of 177°10′ and

177°30′ West longitude, as were placed

under the jurisdiction and control of the

Interior Department by the provisions of

Executive Order No. 13022 of October

31, 1996.

(b) Administration of Midway Atoll

National Wildlife Refuge is governed by

the regulations of this part and parts 25–

32 of title 50, Code of Federal

Regulations; the general principles of

common law; the provisions of the

criminal laws of the United States in

their entirety including the provisions

of 18 U.S.C. 13 and those provisions

that were not specifically applied to

unincorporated possessions; the laws

applicable under the special maritime

jurisdiction contained in 48 U.S.C. 644a;

and the provisions of the criminal laws

of the State of Hawaii to the extent the

criminal laws of the State of Hawaii do

not conflict with the criminal laws of

the United States.

§ 38.2 Scope.

The provisions of part 38 are in

addition to the regulations of 50 CFR

parts 25–32 which also apply to

Midway Atoll National Wildlife Refuge.

Subpart B—Executive Authority;

Authorized Powers; Emergency

Authority

§ 38.3 Executive authority, duration.

The executive authority of the

Secretary of the Interior over the

Midway Islands shall be exercised by

the Service Regional Director. The

executive authority of the Service

Regional Director may be redelegated to

the Refuge Manager, Midway Atoll

National Wildlife Refuge.
Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules 45383

§ 38.4 Authorized functions, powers, and

duties.

The executive authority of the

Regional Director concerning the

Midway Islands includes:

(a) Issuance of citations for violations

of this part and 50 CFR parts 25–32;

(b) Abatement of any public nuisance

upon the failure of the person

concerned to comply with a removal

notice;

(c) Seizure of evidence;

(d) Investigation of accidents and

offenses;

(e) Custody and disposal of lost or

abandoned property;

(f) Regulation of aircraft and boat

traffic and safety;

(g) Imposition of quarantines;

(h) Evacuation of hazardous areas;

(i) Lawful restraint, detention,

confinement, and care of persons prior

to their prompt transfer to the custody

of the United States District Court for

the District of Hawaii;

(j) Lawful removal of persons from the

Midway Atoll National Wildlife Refuge

for cause;

(k) Regulation of vehicle traffic and

safety;

(l) Performance of other lawful acts

necessary for protecting the health and

safety of persons and property on

Midway Atoll National Wildlife Refuge;

and

(m) Issuance of lawful notices and

orders necessary to the exercise of

executive authority under this section.

§ 38.5 Emergency authority.

During the imminence and duration

of any emergency, the Regional Director

may perform any lawful acts necessary

to protect life and property on Midway

Atoll National Wildlife Refuge.

Subpart C—Prohibitions

§ 38.6 General.

In addition to any act prohibited by

this part or 50 CFR part 27, any act

committed on the Midway Atoll

National Wildlife Refuge that would be

a violation of the criminal laws of the

United States or of the State of Hawaii

as specified in subpart A, as they now

appear or as they may be amended or

recodified; or any act committed on the

Midway Atoll National Wildlife Refuge

that would be criminal if committed on

board a merchant vessel or other vessel

belonging to the United States pursuant

to the provisions of 48 U.S.C. 644a, is

prohibited and punishable, in

accordance with the National Wildlife

Refuge System Administration Act, 16

U.S.C. 668dd, the criminal laws of the

United States or the State of Hawaii as

specified in subpart A, as they now

appear or as they may be amended or

recodified; or according to the laws

applicable on board United States

vessels on the high seas pursuant to the

provisions of 48 U.S.C. 644a.

§ 38.7 Adopted offenses.

Any person who commits any act or

omission on Midway Atoll National

Wildlife Refuge which, although not

made punishable by an enactment of

Congress, would be punishable if

committed within the United States

under the United States criminal code at

the time of such act or omission,

including any provisions of the United

States criminal code that are not

specifically applied to unincorporated

possessions of the United States, shall

be guilty of a like offense and subject to

like punishment. Any person who

commits any act or omission on Midway

Atoll National Wildlife Refuge which,

although not made punishable by an

enactment of Congress, would be

punishable if committed within the

State of Hawaii by the laws thereof at

the time of such act or omission, shall

be guilty of a like offense and subject to

like punishment to the extent the laws

of the State of Hawaii do not conflict

with the criminal laws of the United

States.

§ 38.8 Consistency with Federal law.

Any provisions of the laws of the

State of Hawaii, as they now appear or

as they may be amended or recodified,

which are adopted by this part shall

apply only to the extent that they are

not in conflict with any applicable

Federal law or regulation.

§ 38.9 Breach of the peace.

No person on Midway Atoll National

Wildlife Refuge shall:

(a) With intent to cause public

inconvenience, annoyance, or alarm, or

recklessly creating a risk thereof, engage

in fighting, threatening, or other violent

or tumultuous behavior; or make

unreasonable noise or offensively coarse

utterances, gestures, or displays, or

address abusive language to any person

present; or create a hazardous or

physically offensive condition by any

act which is not performed under any

authorized license or permit;

(b) Having no legal privilege to do so,

knowingly or recklessly obstruct any

roadway, alley, runway, private

driveway, or public passage, or interfere

with or unreasonably delay any

emergency vehicle or equipment or

authorized vehicle, boat, vessel, or

plane, or any peace officer, fireman, or

other public official engaged in or

attempting to discharge any lawful duty

or office, whether alone or with others.

‘‘Obstruction’’ as used in this paragraph

means rendering impassable without

unreasonable inconvenience or hazard;

(c) When in a gathering, refuse to obey

a reasonable request or order by a peace

officer, fireman, or other public official

to move;

(1) To prevent an obstruction of any

public road or passage;

(2) To maintain public safety by

dispersing those gathered in dangerous

proximity to a public hazard; or

(d) With intent to arouse or gratify

sexual desire of any other person,

expose one’s genitals under

circumstances in which one’s conduct is

likely to cause affront or alarm.

§ 38.10 Trespass.

No person on Midway Atoll National

Wildlife Refuge shall:

(a) Loiter, prowl, or wander upon or

near the assigned living quarters and

adjacent property of another without

lawful purpose, or, while being upon or

near the assigned living quarters and

adjacent property of another, peek in

any door or window of an inhabited

building or structure located thereon

without lawful purpose;

(b) Enter upon any assigned

residential quarters or areas

immediately adjacent thereto, without

permission of the assigned occupant;

(c) Enter or remain in, without lawful

purpose, any office building,

warehouse, plant, theater, club, school,

or other building after normal operating

hours for that building; or

(d) Enter or remain in any area or

building designated and posted as

‘‘restricted’’ unless authorized by proper

authority to be there.

§ 38.11 Prostitution and lewd behavior.

No person on Midway Atoll National

Wildlife Refuge shall:

(a) Engage in prostitution.

‘‘Prostitution’’ means the giving or

receiving of the body for sexual

intercourse for hire or for indiscriminate

sexual intercourse with or without hire;

or

(b) Commit any lewd act in a public

place which is likely to be observed by

others who would be affronted or

alarmed.

§ 38.12 Alcholic beverages.

No person on Midway Atoll National

Wildlife Refuge shall:

(a) Sell any alcoholic beverages to any

person who, because of age, would be

prohibited from purchasing that

beverage in a civilian establishment in

Hawaii.

(b) Present or have in possession any

fraudulent evidence of age for the

purpose of obtaining alcoholic

beverages in violation of this paragraph.
45384 Federal Register / Vol. 62, No. 166 / Wednesday, August 27, 1997 / Proposed Rules

(c) Be substantially intoxicated on any

street, road, beach, theater, club, or

other public place from the voluntary

use of intoxicating liquor, drugs or other

substance. As used in this paragraph,

‘‘substantially intoxicated’’ is defined as

an actual impairment of mental or

physical capacities.

§ 38.13 Speed limits.

No person on Midway Atoll National

Wildlife Refuge shall exceed the speed

limit for automobiles, trucks, bicycles,

motorcycles, or other vehicles. Unless

otherwise posted, the speed limit

throughout the Midway Atoll National

Wildlife Refuge is 15 miles per hour.

§ 38.14 Miscellaneous prohibitions.

No person on Midway Atoll National

Wildlife Refuge shall:

(a) Smoke or ignite any fire in any

designated and posted ‘‘No Smoking’’

area, or in the immediate proximity of

any aircraft, fueling pit, or hazardous

material storage area;

(b) Knowingly report or cause to be

reported to any public official, or

willfully activate or cause to be

activated, any alarm, that an emergency

exists, knowing that such report or

alarm is false. ‘‘Emergency,’’ as used

herein, includes any condition which

results, or could result, in the response

of a public official in an emergency

vehicle, or any condition which

jeopardizes, or could jeopardize, public

lives or safety, or results or could result

in the evacuation of an area, building,

structure, vehicle, aircraft, or boat or

other vessel, or any other place by its

occupants; or

(c) Intentionally report to any public

official authorized to issue a warrant of

arrest or make an arrest, that a crime has

been committed, or make any oral or

written statement to any of the above

officials concerning a crime or alleged

crime or other matter, knowing such

report or statement to be false.

§ 38.15 Attempt.

No person on Midway Atoll National

Wildlife Refuge shall attempt to commit

any offense prohibited by this part.

§ 38.16 Penalties.

Any person who violates any

provision of this part shall be fined or

imprisoned in accordance with 16

U.S.C. 668dd(e) and Title 18, U.S. Code.

Subpart D—Civil Administration

§ 38.17 General.

Civil administration of Midway Atoll

National Wildlife Refuge shall be

governed by the provisions of this part

38, 50 CFR parts 25–32, and the general

principles of common law.

Dated: July 27, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 97–22714 Filed 8–26–97; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 082097D]

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Scoping Process for Atlantic

Sea Herring

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of intent to prepare a

supplemental environmental impact

statement (SEIS) and notice of scoping

process; request for comments.

SUMMARY: The New England Fishery

Management Council (Council)

announces its intent to prepare a

Fishery Management Plan (FMP) for

Atlantic sea herring (Clupea harengus)

and stocks, and to prepare an SEIS to

analyze the impacts of any proposed

management measures, while the

Atlantic States Marine Fisheries

Commission (Commission) develops a

complementary amendment to its

Atlantic Herring FMP under the

authority of the Atlantic Coastal

Fisheries Cooperative Management Act.

The Council and Commission also

formally announce a public process to

determine the scope of issues to be

addressed in the environmental impact

analysis. The purpose of this

notification is to alert the interested

public of the commencement of the

scoping process, and to provide for

public participation in compliance with

environmental documentation

requirements.

DATES: The Council will discuss and

take scoping comments at public

meeetings in September 1997. See

SUPPLEMENTARY INFORMATION for

specific dates and times. Written

scoping comments may be submitted

until September 15, 1997.

ADDRESSES: The Council will discuss

and take scoping comments at public

meetings in Massachusetts, Maine,

Rhode Island, and New Jersey. See

SUPPLEMENTARY INFORMATION for

specific locations. Written comments

and requests for copies of the scoping

document and other information can be

obtained from Paul J. Howard, Executive

Director, New England Fishery

Management Council, 5 Broadway,

Saugus, MA 01906, Telephone (617)

231–0422.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, (617) 231–0422.

SUPPLEMENTARY INFORMATION:

Background

The Atlantic herring fishery is

currently managed as one stock along

the East Coast from Maine to Cape

Hatteras although there is evidence to

suggest there are two separate biological

stocks. Generally, the resource has been

divided into an inshore Gulf of Maine

(GOM) and an offshore Georges Bank

(GB) component. The most recent stock

assessment (1995) concluded that the

abundance of the coastal stock complex

is currently at a record high level of 3.6

million metric tons (mt), while the most

recent estimate of spawning stock

biomass (SSB) is 2.1 million mt. The

current level of abundance has

generated great interest in new and

expanded sectors of the herring fishery,

including: (1) Maintaining traditional

use patterns in the fishery; (2)

increasing the bait fishery; (3) increasing

participation in cooperative ventures

with foreign vessels (Internal Water

Processing (IWP) and Joint Venture

Processing (JV)); (4) providing a viable

alternative fishery to vessels currently

in the groundfish fishery; (5) providing

opportunities for increased

development of U.S. shore-side

processing capacity; (6) interest in

participating in the fishery from Pacific

Coast fishing operations; (7) maintaining

high stock abundance for ecological

reasons (i.e., maintaining a forage base

for base for other species); and (8)

providing opportunities for

modernization and improvement of the

existing East coast vessels to be able to

compete in supplying human food

export markets.

These potentially competing interests

have generated different views on how

the herring fishery should be managed

in the future. Additionally, the interest

in rapid expansion of the fishery has

raised concerns about potential

overharvest, locally or on the entire

stock. In the late 1960s and the early

1970s, excessive foreign fishing led to

the collapse of the GB stock. The stock

has collapsed a number of times in the

past due to over harvesting. There is

currently great concern over the

condition of the GOM component of the

herring population but existing data are

insufficient to separate individual