Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48047

designation, submit their records to

Commission audits to verify accuracy of

primary line counts, and publish a

consumer disclosure statement in their

monthly bills.

34. Steps Taken to Minimize

Significant Economic Impact on Small

Entities and Alternatives Considered.

Throughout this NPRM, we seek

comment on alternatives that will

reduce the impact on all entities

affected by these proposals, including

small ILECs. We tentatively adopt a

definition of single-line business lines

that, we believe, will result in a smaller

administrative burden for ILECs as they

identify primary and secondary lines in

order to charge the correct SLC or PICC.

In addition, we ask commenters to

identify the relative costs and benefits,

including administrative costs, of

adopting a particular definition of

primary residential line. We ask parties

to identify a definition of primary

residential line that will be easy for

carriers and customers to apply. We

tentatively adopt customer selfcertification as a means to identify

primary lines because this method of

identification is less administratively

burdensome for ILECs than a method

that does not include customer input.

We seek comment on whether, and if so,

the amount of time, ILECs must keep

records of customer self-certification.

We particularly encourage parties to

submit proposals that will reduce the

administrative burden on carriers and

customers. We seek comment on

whether we should include a

standardized customer disclosure

statement, and if so, whether that

disclosure should be made in writing or

may be made orally.

35. At this time, we tentatively

conclude to eliminate several options

because they would be too

administratively burdensome. The

proposals we tentatively reject include:

creating and maintaining a national

database of primary line designations;

using local property records to identify

and track primary lines; and using

social security numbers to track primary

lines.

36. Federal rules which overlap,

duplicate or conflict with this rule.

None.

Ordering Clauses

37. It is ordered, pursuant to Sections

1, 4 (i) and (j), 201–209, 218–222, 251,

254, and 403 of the Communications

Act as amended, 47 U.S.C. 151, 154(i),

154(j), 201–209, 218–222, 251, 254, and

403 that this Notice of Proposed

Rulemaking is hereby adopted and

comments are requested as described

above.

38. It is further ordered that the

Commission shall send a copy of this

Notice of Proposed Rulemaking,

including the Initial Regulatory

Flexibility Analysis, to the Chief

Counsel for Advocacy of the Small

Business Administration.

List of Subjects

47 CFR Part 54

Communications common carriers,

Health facilities, Libraries, Reporting

and recordkeeping requirements,

Schools, Telecommunications,

Telephone.

47 CFR Part 69

Communications common carriers,

Reporting and recordkeeping

requirements, Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–24211 Filed 9–11–97; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970828210–7210–01; I.D.

080697H]

RIN 0648–AK37

Fisheries of the Northeastern United

States; Atlantic Mackerel, Squid, and

Butterfish Fisheries; Control Date for

Atlantic Mackerel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Advance notice of proposed

rulemaking; notice of control date for

the Atlantic mackerel fishery.

SUMMARY: NMFS announces that anyone

entering the commercial Atlantic

mackerel fishery after September 12,

1997 (control date) will not be assured

of future access to the Atlantic mackerel

resource in Federal waters if a

management regime is developed and

implemented under the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) that limits the number of

participants in the fishery. This

announcement is intended to promote

awareness of potential eligibility criteria

for future access to the commercial

Atlantic mackerel fishery and to

discourage new entries into this fishery

based on economic speculation, while

the Mid-Atlantic Fishery Management

Council (Council) contemplates whether

and how access to that portion of the

Atlantic mackerel fishery in Federal

waters should be controlled. The

potential eligibility criteria may be

based on historical participation,

defined as any number of trips having

any documented amount of Atlantic

mackerel landings. If such a regime is

implemented, fishery participants may

need to preserve records that

substantiate and verify their

participation in the Atlantic mackerel

fishery in Federal waters.

DATES: Comments must be submitted by

October 14, 1997.

ADDRESSES: Comments should be

directed to David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, 300 South New

Street, Dover, DE 19904.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.

SUPPLEMENTARY INFORMATION:

Background

Atlantic mackerel (Scomber

scombrus) is a migratory species that

supports important recreational and

commercial fisheries along the Atlantic

coast of the United States and Canada.

The Fishery Management Plan for

Atlantic Mackerel, Squid, and Butterfish

(FMP) was developed by the Council to

provide for the development of the U.S.

Atlantic mackerel, squid, and butterfish

fisheries. An initial notice establishing a

control date of August 13, 1992, was

issued for the Atlantic mackerel, squid,

and butterfish fisheries (57 FR 36384,

August 13, 1992), which stated that as

of that date no vessel would be

guaranteed entry into a limited access

fishery, if the Council chose to

implement one. This control date was

rescinded for Atlantic mackerel on

September 27, 1994 (59 FR 49235),

because the Council and NMFS believed

that information regarding biomass

levels, fishing levels, fishing effort, and

catch indicated that the mackerel

fishery would not require limited-entry

management in the foreseeable future.

Removal of the control date also

removed a barrier to access to this

underutilized resource to vessel owners

who were facing severe restrictions in

other Northeast fisheries. In

Amendment 5 to the FMP, the Council

included a provision that would require

the Secretary of Commerce to publish a

control date for the Atlantic mackerel

fishery when commercial landings

reached 50 percent of allowable

biological catch (ABC). NMFS did not
48048 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules

include this provision in the proposed

rule because, as explained in the

preamble to that rule (60 FR 65618,

December 20, 1995), it was not

considered to be a management measure

to be implemented by regulation.

Rather, it was viewed as a statement of

Council intent. NMFS further noted that

the Council could recommend the

publication of a notice of control date

when it deemed the action necessary. At

its May 1997 meeting, the Council

requested that NMFS issue an advance

notice of proposed rulemaking

reestablishing a control date for Atlantic

mackerel. The Council stated that such

action by NMFS would discourage new

entries into the fishery based on

economic speculation while the Council

considers a limited access system for the

fishery. The Council intends to

consider, in the near future, a

management program that would

control the rate of capitalization in the

fishery and promote the diversification

of existing fishermen in the Atlantic

mackerel industry.

Discussion of reinstatement of a

control date was prompted by news that

a large factory trawler was undergoing

conversion to enter this fishery. Council

members noted that, although the

fishery is currently underexploited, a

substantial increase in exploitation

could be effected in a short period of

time by the introduction of a factory

trawler fleet. To prevent

overcapitalization, Council members

expressed the need to implement a

management program for this fishery

that allowed for controlled expansion.

Amendment 5 to the FMP estimated that

the hold capacity for vessels issued

Atlantic mackerel, squid, and butterfish

permits approached 50,000 mt if each

vessel made just one trip at full

capacity. Although all of these vessels

do not have an interest or ability to

expand into the mackerel fishery, there

is a high level of existing capital in the

region. The Council members noted that

this capital, along with the possible

addition of factory trawlers, raised

concerns because the current estimate of

long-term potential yield for this fishery

is 150,000 mt. Further, both NMFS and

the Council have indicated that first

preference for entry into this fishery

should be afforded to Northeast region

vessels as an alternative to traditional

fisheries that have been severely

overfished. For these reasons, the

Council voted to request publication of

a control date for Atlantic mackerel.

At the May 1997 meeting, the Council

committed to begin work shortly on

Amendment 7 to the FMP. Amendment

7 would address whether and how to

limit entry of commercial vessels into

this fishery. Publication of a control

date is intended to discourage

speculative entry into the Atlantic

mackerel fishery while potential

management regimes to control access

into the fishery are discussed and

possibly developed by the Council.

Establishment of a control date will help

to distinguish established participants

from speculative entrants to the fishery.

Although participants are notified that

entering the fishery after the control

date will not assure them of future

access to the Atlantic mackerel resource

on the grounds of previous

participation, additional and/or other

qualifying criteria also may be applied.

The Council may choose different and

variably weighted methods to qualify

fishermen, based on the type and length

of participation in the fishery or on the

quantity of landings.

This notice hereby establishes

September 12, 1997 for potential use in

determining historical or traditional

participation in the Atlantic mackerel

fishery. This action does not commit the

Council to develop any particular

management regime or to use any

specific criteria for determining entry to

the fishery. The Council may choose a

different control date, or may choose a

management program that does not

make use of such a date. The Council

may choose also to take no further

action to control entry or access to the

fishery. Any action by the Council will

be taken pursuant to the requirement for

FMP development established under the

Magnuson-Stevens Act.

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

Dated: September 5, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service

[FR Doc. 97–24202 Filed 9–12–97; 8:45 am]

BILLING CODE 3510–22–F