50522 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

1 An authority citation denotes what statutory

provision(s) authorize the agency to adopt or

change the regulation(s) involved.

2 See 61 FR 54706 (October 21, 1996).

3 Cf. Cousins v. Secretary of Transp., 880 F.2d

603, 605 (1st Cir. 1989). We do not believe,

however, that it is necessary at this time to delete

APA references in authority citations that are

otherwise up-to-date.

4 In some cases, however, we have added

statutory authorities. In part 1246 (Number of

railroad employees), we are including a citation to

49 U.S.C. 11145 that pertains to rail carrier reports.

In part 1253 (rate-making organization; records and

reports), we are also adding a reference to 49 U.S.C.

11144, rail carrier records. We are also changing the

headings in parts 1037 and 1331, and have

modified part 1220 to remove obsolete references.

provided that no area previously

receiving interference-free service

would receive co-channel or firstadjacent channel interference as

predicted in accordance with paragraph

(a)(1) of this section, or that a showing

is provided pursuant to paragraph (a)(2)

of this section that demonstrates that the

public interest would be served by the

proposed changes.

(1) The F(50,50) curves in Figure 1 of

§ 73.333 are to be used in conjunction

with the proposed effective radiated

power and antenna height above average

terrain, as calculated pursuant to

§ 73.313(c), (d)(2) and (d)(3), using data

for as many radials as necessary, to

determine the location of the desired

(service) field strength. The F(50,10)

curves in Figure 1a of § 73.333 are to be

used in conjunction with the proposed

effective radiated power and antenna

height above average terrain, as

calculated pursuant to § 73.313(c), (d)(2)

and (d)(3), using data for as many

radials as necessary, to determine the

location of the undesired (interfering)

field strength. Predicted interference is

defined to exist only for locations where

the desired (service) field strength

exceeds 0.5 mV/m (54 dBu) for a Class

B station, 0.7 mV/m (57 dBu) for a Class

B1 station, and 1 mV/m (60 dBu) for any

other class of station.

(i) Co-channel interference is

predicted to exist, for the purpose of

this section, at all locations where the

undesired (interfering station) F(50,10)

field strength exceeds a value 20 dB

below the desired (service) F(50,50)

field strength of the station being

considered (e.g., where the protected

field strength is 60 dBu, the interfering

field strength must be 40 dBu or more

for predicted interference to exist).

(ii) First-adjacent channel interference

is predicted to exist, for the purpose of

this section, at all locations where the

undesired (interfering station) F(50,10)

field strength exceeds a value 6 dB

below the desired (service) F(50,50)

field strength of the station being

considered (e.g., where the protected

field strength is 60 dBu, the interfering

field strength must be 54 dBu or more

for predicted interference to exist).

(2) For co-channel and first-adjacent

channel stations, a showing that the

public interest would be served by the

changes proposed in an application

must include exhibits demonstrating

that the total area and population

subject to co-channel or first-adjacent

channel interference, caused and

received, would be maintained or

decreased. In addition, the showing

must include exhibits demonstrating

that the area and the population subject

to co-channel or first-adjacent channel

interference caused by the proposed

facility to each short-spaced station

individually is not increased. In all

cases, the applicant must also show that

any area predicted to lose service as a

result of new co-channel or firstadjacent-channel interference has

adequate aural service remaining. For

the purpose of this section, adequate

service is defined as 5 or more aural

services (AM or FM).

(3) For co-channel and first-adjacentchannel stations, a copy of any

application proposing interference

caused in any areas where interference

is not currently caused must be served

upon the licensee(s) of the affected

short-spaced station(s).

(4) For stations covered by this

paragraph (a), there are no distance

separation or interference protection

requirements with respect to secondadjacent and third-adjacent channel

short-spacings that have existed

continuously since November 16, 1964.

* * * * *

§ 73.4235 [Removed]

3. Section 73.4235 is removed.

[FR Doc. 97–25272 Filed 9–25–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Chapter X

[STB Ex Parte No. 571]

Revision of Authority Citations

AGENCY: Surface Transportation Board,

DOT.

ACTION: Final rules.

SUMMARY: The Surface Transportation

Board amends its regulations by

updating its authority citations.

EFFECTIVE DATE: These rules are effective

September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. (TDD for

the hearing impaired: (202) 565–1695.)

SUPPLEMENTARY INFORMATION: The

Surface Transportation Board (Board) is

revising certain authority citations in

the Code of Federal Regulations (CFR) to

reflect statutory changes made by the

ICC Termination Act of 1995, Pub. L.

No. 104–88, 109 Stat. 803 (1995)

(ICCTA) and previous statutes.1 The

ICCTA abolished the Interstate

Commerce Commission (ICC),

established the Board to assume many

of the functions of the ICC, and made

substantial revisions to 49 U.S.C.

Subtitle IV. The revisions to subtitle IV

included both substantive changes and

a wholesale renumbering of individual

sections within subtitle IV. See H.R.

Rep. No. 104–422, 104th Cong., 1st Sess.

241–47 (1995) (table showing

disposition of individual statutory

provisions). Under section 204(a) of the

ICCTA, the regulations that had been

promulgated and administered by the

ICC, located at 49 CFR chapter X, were

transferred to the Board (except for parts

relating to functions transferred to the

Secretary of Transportation under the

ICCTA, which were transferred to the

Secretary of Transportation and have

since been moved to other chapters). 2 In

an ongoing effort to update the

regulations in chapter X, the Board has

removed many parts that had been

rendered obsolete by changes in the

governing statute; revised other parts to

conform to substantive changes in the

governing statute; and made wholesale

changes to the nomenclature of yet other

parts to reflect the elimination of the

ICC and the substitution of the Board.

The Board is now updating the

authority citations, as required by 1 CFR

21.41, for most parts within chapter X—

those which are not obsolete and have

not been addressed in other

proceedings—to reflect renumbering of

the underlying provisions in the

governing statute.

Under 1 CFR 21.40, the authority

citation must include the general or

specific authority delegated by statute.

We are deleting references to the

Administrative Procedure Act (APA),

because the APA does not provide an

independent basis of authority. 3

Some authority citations include only

a general or a specific authority, but not

both. See 49 CFR 1037 and 49 CFR

1302. We believe these to be legally

sufficient; as noted, under 1 CFR 21.40,

a general or specific authority is

required. Because we are merely

updating the authority citations to

remove obsolete statutory references, we

will generally not add authorities. 4
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50523

We are not updating the authorities of

certain regulations (parts 1022, 1030,

1091, 1131, 1143, 1156, and 1170),

because these rules appear to be

obsolete will be addressed in a separate

proceeding. Also, we are not amending

the authority citation for part 1004. The

Federal Highway Administration has

incorporated all of part 1004, except

section 1004.26, into 49 CFR part 356

(62 FR 32040, June 12, 1997), without

removing provisions from chapter X. We

question whether the portions of part

1004 that are not obsolete are still

necessary, and we will seek comment in

a separate proceeding as to whether this

rule should be maintained. Finally, part

1144 appears to be partially obsolete.

We will update the authorities for the

operative portions of that rule, and later

undertake a substantive revision of that

part.

Small Entities

The Board certifies that these changes

will not have a significant economic

effect on a substantial number of small

entities.

Environment

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects

49 CFR Part 1003

Administrative practice and

procedure.

49 CFR Part 1005

Claims, Investigations, Motor carriers,

Railroad.

49 CFR Part 1007

Administrative practice and

procedure, Privacy.

49 CFR Part 1012

Sunshine Act.

49 CFR Part 1013

Common carriers, Reporting and

recordkeeping requirements, Securities,

Trusts and trustees.

49 CFR Part 1016

Claims, Equal access to justice,

Lawyers.

49 CFR Part 1018

Claims, Debts.

49 CFR Part 1019

Government employees.

49 CFR Part 1021

Claims.

49 CFR Part 1033

Railroads.

49 CFR Part 1034.

Railroads.

49 CFR Part 1035

Bills of Lading, Railroads, Water

carriers.

49 CFR Part 1037

Claims, Grains, Railroads.

49 CFR Part 1090

Intermodal transportation, Motor

carriers, Railroads.

49 CFR Part 1100

Administrative practice and

procedure.

49 CFR Part 1101

Administrative practice and

procedure.

49 CFR Part 1102

Administrative practice and

procedure.

49 CFR Part 1103

Administrative practice and

procedure, Lawyers.

49 CFR Part 1109

Administrative practice and

procedure.

49 CFR Part 1110

Administrative practice and

procedure.

49 CFR Part 1116

Administrative practice and

procedure.

49 CFR Part 1117

Administrative practice and

procedure.

49 CFR Part 1119

Administrative practice and

procedure.

49 CFR Part 1120

Freight, Motor carriers.

49 CFR Part 1133

Claims, Freight.

49 CFR Part 1137

Administrative practice and

procedure, Railroads.

49 CFR Part 1139

Administrative practice and

procedure, Motor carriers, Reporting

and recordkeeping requirements.

49 CFR Part 1141

Administrative practice and

procedure.

49 CFR Part 1144

Railroads.

49 CFR Part 1151

Administrative practice and

procedure, Railroads.

49 CFR Part 1177

Administrative practice and

procedure, Archives and records,

Railroads.

49 CFR Part 1184

Administrative practice and

procedure, Motor carriers.

49 CFR Part 1200

Common carriers, Uniform System of

Accounts.

49 CFR Part 1220

Railroads, Reporting and

recordkeeping requirements.

49 CFR Part 1242

Railroads, Taxes.

49 CFR Part 1243

Railroads, Reporting and

recordkeeping requirements.

49 CFR Part 1244

Freight, Railroads, Reporting and

recordkeeping requirements.

49 CFR Part 1245

Railroad employees, Reporting and

recordkeeping requirements, Wages.

49 CFR Part 1246

Railroads, Reporting and

recordkeeping requirements.

49 CFR Part 1248

Freight, Railroads, Reporting and

recordkeeping requirements, Statistics.

49 CFR Part 1253

Motor carriers, Railroads, Reporting

and recordkeeping requirements.

49 CFR Part 1302

Exports, Freight, Imports, Railroads.

49 CFR Part 1331

Motor carriers, Moving of household

goods, Railroads.

Decided: September 17, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, title 49, chapter X, of the

Code of Federal Regulations is amended

as follows:
50524 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

PART 1003—FORMS

1. The authority citation for part 1003

is revised to read as follows:

Authority: 49 U.S.C. 721, 13301(f).

PART 1005—PRINCIPLES AND

PRACTICES FOR THE INVESTIGATION

AND VOLUNTARY DISPOSITION OF

LOSS AND DAMAGE CLAIMS AND

PROCESSING SALVAGE

2. The authority citation for part 1003

is revised to read as follows:

Authority: 49 U.S.C. 721, 11706, 14706,

15906.

PART 1007—RECORDS CONTAINING

INFORMATION ABOUT INDIVIDUALS

3. The authority citation for part 1007

is revised to read as follows:

Authority: 5 U.S.C. 552, 49 U.S.C. 721.

PART 1012—MEETINGS OF THE

BOARD.

4. The authority citation for part 1012

is revised to read as follows:

Authority: 5 U.S.C. 552b(g), 49 U.S.C. 701,

721.

PART 1013—GUIDELINES FOR THE

PROPER USE OF VOTING TRUSTS

5. The authority citation for part 1013

is revised to read as follows:

Authority: 49 U.S.C. 721, 13301(f).

PART 1016—SPECIAL PROCEDURES

GOVERNING THE RECOVERY OF

EXPENSES BY PARTIES TO BOARD

ADJUDICATORY PROCEEDINGS

6. The authority citation for part 1016

is revised to read as follows:

Authority: 5 U.S.C. 504(c)(1), 49 U.S.C.

721.

PART 1018—DEBT COLLECTION

7. The authority citation for part 1018

is revised to read as follows:

Authority: 31 U.S.C. 3701, 31 U.S.C. 3711

et seq., 49 U.S.C. 721, 4 CFR parts 101–105.

PART 1019—REGULATIONS

GOVERNING CONDUCT OF SURFACE

TRANSPORTATION BOARD

EMPLOYEES

8. The authority citation for part 1019

is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1021—ADMINISTRATIVE

COLLECTION OF ENFORCEMENT

CLAIMS

9. The authority citation for part 1021

is revised to read as follows:

Authority: 31 U.S.C. 3701, 3711, 3717,

3718.

PART 1033—CAR SERVICE

10. The authority citation for part

1033 is revised to read as follows:

Authority: 49 U.S.C. 721, 11121, 11122.

PART 1034—ROUTING OF TRAFFIC

11. Remove the authority at the end

of section 1034.1 and add the following

authority citation for part 1034 after the

Editorial Note:

Authority: 49 U.S.C. 721, 11123.

PART 1035—BILLS OF LADING

12. The authority citation for part

1035 is revised to read as follows:

Authority: 49 U.S.C. 721, 11706, 14706.

PART 1037—BULK GRAIN AND GRAIN

PRODUCTS—LOSS AND DAMAGE

CLAIMS

13. The authority citation for part

1037 is revised to read as follows:

Authority: 49 U.S.C. 721.

14. The heading for part 1037 is

revised to read as set forth above.

PART 1090—PRACTICES OF

CARRIERS INVOLVED IN THE

INTERMODAL MOVEMENT OF

CONTAINERIZED FREIGHT

15. The authority citation for part

1090 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1100—GENERAL PROVISIONS

16. The authority citation for part

1100 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1101—DEFINITIONS AND

CONSTRUCTION

17. The authority citation for part

1101 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1102—COMMUNICATIONS

18. The authority citation for part

1102 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1103—PRACTITIONERS

19. The authority citation for part

1103 is revised to read as follows:

Authority: 21 U.S.C. 862; 49 U.S.C. 703(e),

721.

PART 1109—USE OF ALTERNATIVE

DISPUTE RESOLUTION IN BOARD

PROCEEDINGS AND THOSE IN WHICH

THE BOARD IS A PARTY

20. The authority citation for part

1109 is revised to read as follows:

Authority: 5 U.S.C. 571 et seq.

PART 1110—PROCEDURES

GOVERNING INFORMAL

RULEMAKING PROCEEDINGS

21. The authority citation for part

1100 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1116—ORAL ARGUMENT

BEFORE THE BOARD

22. The authority citation for part

1116 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1117—PETITIONS (FOR RELIEF)

NOT OTHERWISE COVERED

23. The authority citation for part

1117 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1119—COMPLIANCE WITH

BOARD DECISIONS

24. The authority citation for part

1119 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1120—USE OF 1977–1978

STUDY OF MOTOR CARRIER

PLATFORM HANDLING FACTORS

25. The authority citation for part

1120 is revised to read as follows:

Authority: 49 U.S.C. 721, 13701, 13703.

PART 1133—RECOVERY OF

DAMAGES

26. The authority citation for part

1133 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1137—PROCEDURES RELATING

TO RAILROAD REVITALIZATION AND

REGULATORY REFORM ACT OF 1976

27. The authority citation for part

1137 is revised to read as follows:

Authority: 49 U.S.C. 721, 10705.

PART 1139—PROCEDURES IN MOTOR

CARRIER REVENUE PROCEEDINGS

28. The authority citation for part

1139 is revised to read as follows:

Authority: 49 U.S.C. 721, 13703.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50525

PART 1141—PROCEDURES TO

CALCULATE INTEREST RATES

29. The authority citation for part

1141 is revised to read as follows:

Authority: 49 U.S.C. 721.

PART 1144—INTRAMODAL RAIL

COMPETITION

30. The authority citation for part

1144 is revised to read as follows:

Authority: 49 U.S.C. 721, 10703, 10705,

and 11102.

PART 1151—FEEDER LINE

DEVELOPMENT PROGRAM

31. The authority citation for part

1151 is revised to read as follows:

Authority: 49 U.S.C. 10907.

PART 1177—RECORDATION OF

DOCUMENTS

32. The authority citation for part

1177 is revised to read as follows:

Authority: 49 U.S.C. 721, 11301.

PART 1184—MOTOR CARRIER

POOLING OPERATIONS

33. The authority citation for part

1184 is revised to read as follows:

Authority: 49 U.S.C. 721, 14302.

PART 1200—GENERAL ACCOUNTING

REGULATIONS UNDER THE

INTERSTATE COMMERCE ACT

34. The authority citation for part

1200 is revised to read as follows:

Authority: 49 U.S.C. 721, 11142, 11143,

11144, 11145.

PART 1220—PRESERVATION OF

RECORDS

35. The authority citation for part

1220 is revised to read as follows:

Authority: 49 U.S.C. 721, 11144, 11145.

36. In section 1220.0, remove ‘‘Motor

carriers and brokers,’’ ‘‘Water carriers,’’

and ‘‘Household goods freight

forwarders.’’

PART 1242—SEPARATION OF

COMMON OPERATING EXPENSES

BETWEEN FREIGHT SERVICE AND

PASSENGER SERVICE FOR

RAILROADS

37. The citation for part 1242 is

revised to read as follows:

Authority: 49 U.S.C. 721, 11142.

PART 1243—QUARTERLY OPERATING

REPORTS—RAILROADS

38. The authority citation for part

1243 is revised to read as follows:

Authority: 49 U.S.C. 721, 11145.

PART 1244—WAYBILL ANALYSIS OF

TRANSPORTATION OF PROPERTY—

RAILROADS

39. The authority citation for part

1244 is revised to read as follows:

Authority: 49 U.S.C. 721, 10707, 11144,

11145.

PART 1245—CLASSIFICATION OF

RAILROAD EMPLOYEES; REPORTS

OF SERVICE AND COMPENSATION

40. The authority citation for part

1245 is revised to read as follows:

Authority: 49 U.S.C. 721, 11145.

PART 1246—NUMBER OF RAILROAD

EMPLOYEES

41. The authority citation for part

1246 is revised to read as follows:

Authority: 49 U.S.C. 721, 11145.

PART 1248—FREIGHT COMMODITY

STATISTICS

42. The authority citation for part

1248, subpart A is revised to read as

follows:

Authority: 49 U.S.C. 721, 11144, 11145.

43. The authority citation for part

1248, subpart B is revised to read as

follows:

Authority: 49 U.S.C. 721, 11144, 11145.

PART 1253—RATE-MAKING

ORGANIZATION; RECORDS AND

REPORTS

44. The authority citation for part

1253 is revised to read as follows:

Authority: 49 U.S.C. 721, 10706, 13703,

11144, and 11145.

PART 1302—EXPORT AND IMPORT

SHIPMENTS; RAILROADS

45. The authority citation for part

1302 is revised to read as follows:

Authority: 49 U.S.C. 884.

PART 1331—APPLICATIONS UNDER

49 U.S.C. 10706 AND 13703

46. The authority citation for part

1331 is revised to read as follows:

Authority: 49 U.S.C. 721, 10706, 13703.

47. The heading for part 1331 is

revised to read as set forth above.

[FR Doc. 97–25640 Filed 9–25–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

092297B]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for New

Jersey

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the State of New Jersey has

been harvested. Vessels issued a

commercial Federal fisheries permit for

the summer flounder fishery may not

land summer flounder in New Jersey for

the remainder of calendar year 1997,

unless additional quota becomes

available through a transfer. Regulations

governing the summer flounder fishery

require publication of this notice to

advise the State of New Jersey that the

quota has been harvested and to advise

vessel and dealer permit holders that no

commercial quota is available for

landing summer flounder in New Jersey.

DATES: Effective 0001 hours September

24, 1997, through December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Dana Hartley, Fishery Management

Specialist, 978–281–9226.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned among the states from

North Carolina through Maine. The

process to set the annual commercial

quota and the percentage allocated to

each state are described in § 648.100.

The initial total commercial quota for

summer flounder for the 1997 calendar

year was set equal to 11,111,298 lb

(5,040,000 kg) (March 7, 1997, 62 FR

10473). The percentage allocated to

vessels landing summer flounder in

New Jersey is 16.72499 percent, or

1,858,363 lb (842,939 kg) for 1997.

Section 648.100(d)(2) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1996, a total of 2,369,134 lb (1,074,621

kg) were landed in New Jersey. The

amount allocated for New Jersey

landings in 1996 was 1,858,363 lb