51380 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

1The CHARMS file is maintained by the

Association of American Railroads (AAR) and

contains all car-hire rates.

2See Verified statement of Rockey and Railroad

Costing Officers at 17, filed Feb. 20, 1996.

3Railroad-owned pool cars are cars that are

owned by companies that are themselves owned

and controlled by the railroads. Railroad-owned

pool cars are generally committed to pools for the

benefit of certain shippers. A rental rate is paid for

the use of these cars.

rail service. As a result of the comments

received, the Board is discontinuing the

collection of cost data on switching and

terminal companies found in 49 CFR

1241.14. The Board is also adopting

certain modifications to the procedures

used to develop the costs associated

with movements of intermodal traffic

and revising the train switching

conversion factor used in its costing

procedures. All other proposals

previously made in this proceeding are

withdrawn. (The Board’s decision may

be reviewed at the agency’s offices in

Washington, DC during normal business

hours and is available for a charge by

calling DC NEWS & DATA INC. at (202)

289–4357.) Finally, as discussed below,

the Board modifies the procedures for

determining the variable cost of using

privately-owned rail cars (an issue

which has not been previously noticed

for comment), subject to receiving no

objections within 30 days.

Privately-Owned Car Costing

In the past, with the exception of unitcoal trains, the Board developed the

variable cost associated with using

privately-owned rail cars by applying an

average car rental cost for privatelyowned cars if no mileage rate for that

particular car was shown in the Car Hire

Rate Master (CHARMS) file. 1 In its

comments in Ex Parte No. 347 (Sub-No.

2), Rate Guidelines—Non-Coal

Proceedings, 2 the AAR pointed out that

more than 43% of all U.S.-based rail

cars are now owned by entities other

than railroads, and that increasingly

shippers that provide their own cars

obtain lower rates in return for the

railroad not incurring any cost for the

use of the privately-owned cars.

In view of this current practice, we

believe that more accurate costs will be

obtained by applying a zero car rental

cost to privately-owned cars that do not

have mileage rates shown in CHARMS.

Thus, we will tentatively modify our

costing procedures to assume that all

privately-owned car types that show no

mileage allowance in the CHARMS file

incur no car cost, except for railroadowned pool cars (for which an

allowance is always paid). 3 For such

pool cars, we will continue to use an

average car rental cost, because it is the

best estimate available to us. Absent the

receipt of comments voicing opposition

to this modification within 30 days of

this decision, it will become a

permanent change effective December 1,

1997. If the effective date of this

modification is delayed, timely notice

will be published in the Federal

Register.

The Board certifies that the new

procedures will not have a significant

economic effect on a substantial number

of small entities. The impact on small

entities, if any, will be to provide them

with better cost estimates.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1241

Administrative practice and

procedure, Railroads.

Decided: September 19, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble, 49 CFR Chapter X is amended

as set forth below:

PART 1241—ANNUAL, SPECIAL, OR

PERIODIC REPORTS—CARRIERS

SUBJECT TO PART I OF THE

INTERSTATE COMMERCE ACT

1. The authority citation for part 1241

is revised to read as follows:

Authority: 49 U.S.C. 11145.

§ 1241.14 [Removed]

2. Section 1241.14 is removed.

[FR Doc. 97–26029 Filed 9–30–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 970318057–7158–02; I.D.

022097C]

RIN 0648–AJ42

Fisheries of the Northeastern United

States; Fishery Management Plan for

the Summer Flounder, Scup, and Black

Sea Bass Fisheries; Recreational

Measures for the 1997 Summer

Flounder Fishery; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correction to final rule.

SUMMARY: NMFS issued a final rule

which was published in the Federal

Register on July 11, 1997 (62 FR 37154).

This final rule implemented

management measures for the 1997

summer flounder recreational fishery

and also made minor technical changes

to 50 CFR part 648 that were unrelated

to the implementing management

measures. The technical changes

included the redesignation of two

paragraphs. As a result of the

redesignation, several errors occured in

cross-references to these renumbered

paragraphs. This document corrects

those cross-references.

DATES: Effective July 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Tokarcik, 978–281–9326.

SUPPLEMENTARY INFORMATION:

Background

NMFS is correcting the final

regulations published on July 11, 1997

(62 FR 37154). In addition to

implementing management measures for

the 1997 summer flounder recreational

fishery, the final rule made minor

technical changes to 50 CFR part 648

that were unrelated to implementing the

management measures. The technical

changes merely corrected omissions and

errors that occurred in making earlier

revisions to the consolidated Northeast

fisheries regulations. A final rule

published on April 1, 1997 (62 FR

15381) was worded as if a paragraph (j)

was added to § 648.82, when in effect it

actually inadvertently overwrote the

original paragraph (j). In the July 11,

1997, final rule, paragraph (j) was

redesignated as (k) and the original (j)

was added to § 648.82. In § 648.82,

cross-references to (j) were revised to

reflect its redesignation.

Need for the Correction

The final rule published July 11,

1997, revised the cross-references

discussed above contained in § 648.82.

However, the cross-references to

paragraph § 648.82(k) were not revised

in the definition of ‘‘Days-at-Sea (DAS)’’

in § 648.2, and paragraphs

648.4(c)(2)(iii)(B) and 648.10(f)(2). This

correction document revises those crossreferences to reflect accurately the

redesignated paragraph (k).

Correction

Accordingly, the publication on July

11, 1997, of the final regulations (I.D.

022097C), which was the subject of FR

Doc. 97–18117 is corrected as follows:

Correction to Preamble

On page 37155, in the third column,

fifth paragraph, add the following
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51381

sentence to the end of the paragraph:

‘‘The redesignation of paragraph (j) as

(k) effects three additional crossreferences in 50 CFR part 648.

Therefore, the cross-references to

paragraph (j) contained in the following

paragraphs are also revised to reflect

paragraph (k). In § 648.2, the crossreference to § 648.82(j)(1)(iv) contained

in the definition for ‘‘Day(s)-at-Sea

(DAS)’’ is revised to read

‘‘§ 648.82(k)(1)(v)’’. In

§ 648.4(c)(2)(iii)(B), the cross-reference

to § 648.80(j) is revised to read

‘‘§ 648.82(k)’’. In § 648.10(f)(2), the

cross-reference to § 648.82(j)(1)(iii) is

revised to read ‘‘§ 648.82(k)(1)(iv)’’.

Correction to Regulatory Text

On page 37156, in the first column,

the following amendatory instructions

are added after the authority citation to

read as follows:

1a. In § 648.2, the definition for

‘‘Days-at-Sea (DAS)’’ is revised to read

as follows:

§ 648.2 Definitions.

* * * * *

Day(s)-at-Sea (DAS), with respect to

the NE multispecies and scallop

fisheries, except as described in

§ 648.82(k)(1)(v), means the 24–hour

periods of time during which a fishing

vessel is absent from port in which the

vessel intends to fish for, possess or

land, or fishes for, possesses, or lands

regulated species or scallops.

* * * * *

1b. In § 648.4, the first sentence of

paragraph (c)(2)(iii)(B) is revised to read

as follows:

§ 648.4 Vessel and individual commercial

permits.

* * * * *

(c) * * *

(2) * * *

(iii) * * *

(B) For vessels fishing for NE

multispecies with gillnet gear, with the

exception of vessels under the Small

Vessel permit category, an annual

declaration as either a Day or Trip

gillnet vessel designation as described

in § 648.82(k). * * *

* * * * *

1c. In § 648.10, paragraph (f)(2) is

revised to read as follows:

§ 648.10 DAS notification requirements.

* * * * *

(f) * * *

(2) Gillnet call-in. Vessels subject to

the gillnet restriction described in

§ 648.82(k)(1)(iv) must notify the

Regional Administrator of the

commencement date of their time out of

the NE multispecies gillnet fishery using

the procedure described in paragraph

(f)(1) of this section.

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

Dated: September 25, 1997.

David L. Evans,

Deputy Assistant Administsrator for

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–25981 Filed 9–30–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 961227373–6373–01; I.D.

092497C]

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Nontrawl

Sablefish Mop-Up Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Announcement of nontrawl

sablefish mop-up fishery; fishing

restrictions; request for comments.

SUMMARY: NMFS announces

adjustments to the management

measures for the Pacific Coast

groundfish fishery off Washington,

Oregon, and California. This action

establishes beginning and ending dates

and the cumulative period landings

limit for the mop-up fishery for

nontrawl limited entry sablefish, and

sets daily and cumulative trip limits for

the nontrawl limited entry sablefish

fishery after the mop-up fishery. These

actions are intended to provide for

harvest of the remainder of the 1997

limited entry nontrawl allocation for

sablefish.

DATES: The nontrawl sablefish mop-up

fishery will begin at 1201 hours local

time (l.t.), October 1, 1997, and will end

at 1200 hours l.t., October 15, 1997, at

which time the limited entry daily trip

limit fishery resumes. The daily trip

limits for the nontrawl sablefish fishery

will remain in effect until the effective

date of the 1998 annual specifications

and management measures for the

Pacific coast groundfish fishery, which

will be published in the Federal

Register. Comments will be accepted

until October 15, 1997.

ADDRESSES: Comments on these actions

should be sent to William Stelle, Jr.,

Administrator, Northwest Region,

(Regional Administrator), NMFS, 7600

Sand Point Way NE., Bldg. 1, Seattle,

WA 98115–0070; or to William Hogarth,

Acting Administrator, Southwest

Region, NMFS, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802–

4213. Information relevant to these

actions has been compiled in aggregate

form and is available for public review

during business hours at the office of

the Regional Administrator.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140;

or Svein Fougner at 562–980–4034.

SUPPLEMENTARY INFORMATION: The

regulations at 50 CFR 660.323(a)(2) (62

FR 45350, August 27, 1997) established

a new season structure for the limited

entry nontrawl sablefish fishery in 1997.

The ‘‘regular season’’ was an equal

cumulative limit fishery during which

each limited entry permit holder with a

sablefish endorsement had the

opportunity to fish under an equal

cumulative limit. Other than the large,

equal cumulative limit, the only trip

limit in this fishery was for sablefish

smaller than 22 inches (56 cm). The

1997 regular season started at noon on

August 25, 1997, and lasted for 9 days

to noon on September 3, 1997.

Preseason estimates of the likely total

harvest in the regular season fishery

were conservative in order to minimize

the risk of the fishery exceeding its total

allocation. Because of the conservative

projections, the regular fishery was not

expected to harvest all of the limited

entry, fixed gear allocation for north of

36° N. lat. in excess of that required for

the daily trip limit fishery. The Regional

Administrator is authorized to

announce a mop-up fishery for any

excess, if it is large enough, about 3

weeks after the end of the regular season

and consisting of one cumulative trip

limit for each vessel.

Only individuals holding limited

entry permits with sablefish

endorsements may participate in the

mop-up fishery. No more than one

cumulative limit may be landed on each

limited entry permit with a sablefish

endorsement. Approximately 3 weeks

are needed for the Pacific Fishery

Management Council (Council)

Groundfish Management Team to

compile all of the landings receipts from

the regular season and to calculate the

amount available for the mop-up season,

if any. This notice establishes the 1997

mop-up fishery for limited entry, fixed

gear permit holders with sablefish

endorsements.

Following the mop-up fishery, daily

trip limits are reimposed until the end

of the year. At the September 8–12,

1997, Council meeting, the Council

recommended that the limited entry,

fixed gear daily trip limits for sablefish