Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations 59297

propagator algorithm with an accuracy

equal to or greater than the NORAD

propagator used by DoD.

(b) A NVNG licensee time sharing

spectrum in the 400.15–401 MHz band

shall establish a 24-hour per day contact

person and telephone number so that

claims of harmful interference into DoD

earth station users and other operational

issues can be reported and resolved

expeditiously. This contact information

shall be made available to DoD or its

designee. If the National

Telecommunications and Information

Administration (‘‘NTIA’’) notifies the

Commission that DoD is receiving

unacceptable interference from a NVNG

licensee, the Commission will require

such NVNG licensee to terminate its

interfering operations immediately

unless it demonstrates to the

Commission’s reasonable satisfaction,

and that of NTIA, that it is not

responsible for causing harmful

interference into the worldwide DoD

system. A NVNG licensee assumes the

risk of any liability or damage that it

and its directors, officers, employees,

affiliates, agents and subcontractors may

incur or suffer in connection with an

interruption of its non-voice, nongeostationary mobile-satellite service, in

whole or in part, arising from or relating

to its compliance or noncompliance

with the requirements of this paragraph

(b). The Commission will not hesitate to

impose sanctions on a NVNG licensee

time-sharing spectrum in the 400.15–

401 MHz band with DoD, including

monetary forfeitures and license

revocations, when appropriate.

(c) Each satellite in a NVNG licensee’s

system time-sharing spectrum with DoD

in the 400.15–401 MHz band shall

automatically turn off and cease satellite

transmissions if, after 72 consecutive

hours, no reset signal is received from

the NVNG licensee’s gateway earth

station and verified by the satellite. All

satellites in such NVNG licensee’s

system shall be capable of instantaneous

shutdown on any sub-band upon

command from such NVNG licensee’s

gateway earth station.

(d) Initially, a NVNG licensee timesharing spectrum with DoD in the

400.15–401 MHz band shall be able to

change the frequency on which its

system satellites are operating within

125 minutes of receiving notification

from a DoD required frequency change

in the 400.15–401 MHz band.

Thereafter, when a NVNG licensee

constructs additional gateway earth

stations located outside of North and

South America, it shall use its best

efforts to decrease to 90 minutes the

time required to implement a DoD

required frequency change. A NVNG

licensee promptly shall notify the

Commission and NTIA of any decrease

in the time it requires to implement a

DoD required frequency change.

(e) Once a NVNG licensee timesharing spectrum with DoD in the

400.15–401 MHz band demonstrates to

DoD that it is capable of implementing

a DoD required frequency change within

the time required under paragraph (d) of

this section, thereafter, such NVNG

licensee shall demonstrate its capability

to implement a DoD required frequency

change only once per year at the

instruction of DoD. Such

demonstrations shall occur during offpeak hours, as determined by the NVNG

licensee, unless otherwise agreed by the

NVNG licensee and DoD. Such NVNG

licensee will coordinate with DoD in

establishing a plan for such a

demonstration. In the event that a

NVNG licensee fails to demonstrate to

DoD that it is capable of implementing

a DoD required frequency change in

accordance with a demonstration plan

established by DoD and the NVNG

licensee, upon the Commission’s receipt

of a written notification from NTIA

describing such failure, the Commission

shall impose additional conditions or

requirements on the NVNG licensee’s

authorization as may be necessary to

protect DoD operations in the 400.15–

401 MHz downlink band until the

Commission is notified by NTIA that the

NVNG licensee has successfully

demonstrated its ability to implement a

DoD required frequency change. Such

additional conditions or requirements

may include, but are not limited to,

requiring such NVNG licensee

immediately to terminate its operations

interfering with the DoD system.

[FR Doc. 97–28995 Filed 10–31–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 199

[Docket RSPA–97–2995, Notice No. 5]

Control of Drug Use and Alcohol

Misuse in Natural Gas, Liquefied

Natural Gas, and Hazardous Liquid

Pipeline Operations Alcohol Misuse

Prevention Program

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of random drug testing

rate.

SUMMARY: RSPA has received and

evaluated the 1996 Management

Information System (MIS) Data

Collection forms for the drug testing of

pipeline industry personnel. The RSPA

determined that the random positive

drug testing rate for pipeline industry

for the period of January 1, 1996,

through December 31, 1996, is 0.7

percent.

DATES: Effective January 1, 1998,

through December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Catrina Pavlik, Drug/Alcohol Program

Analyst, Research and Special Programs

Administration, Office of Pipeline

Safety, Room 2335, 400 Seventh Street,

SW, Washington, DC 20590. Telephone:

(202) 366–6199, Fax: (202) 366-4566, email: catrina.pavlik@RSPA.dot.gov.

Information is also available on the

Office of Pipeline Safety’s internet home

page at ‘‘OPS.dot.gov.’’

SUPPLEMENTARY INFORMATION: In a final

rule published on December 23, 1993

(58 FR 68257), RSPA announced that it

would require operators of gas,

hazardous liquid and carbon dioxide

pipelines, and liquefied natural gas

facilities, who are subject to 49 CFR

parts 192, 193 and 195, to implement,

maintain, and submit an annual report

of their drug testing program data.

Operators with 51 or more covered

employees are required to submit this

information on an annual basis.

Operators with 50 or fewer covered

employees are required to maintain this

information, and RSPA randomly

selected 100 operators in this category

to submit their data. The drug testing

statistical data is essential for RSPA to

analyze its current approach to deterring

and detecting illegal drug abuse in the

pipeline industry, and, as appropriate,

plan a more efficient and effective

approach. In 1997, RSPA lowered the

random drug testing rate to 25 percent.

Since the positive random testing rate

continues to be less than 1 percent

industry-wide, the RSPA announces in

accordance with Section 199.11(c)(3),

that the minimum random drug testing

rate will be maintained at 25 percent of

covered pipeline employees for the

period of January 1, 1998, through

December 31, 1998.

Submission of MIS reports are due to

the Office of Pipeline Safety, Research

and Special Programs Administration,

DPS–23, Room 2335, 400 7th Street

SW., Washington, DC 20590, not later

than March 15 of each calendar year.

Notice of statistical data will be

published in the future to report results

of each calendar year’s MIS Data

Collection results. At that time, the

RSPA will also publish whether or not

the random rate will be reduced or
59298 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations

increased for the pipeline industry

pursuant to Section 199.11.

Issued in Washington, DC on October 28,

1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–28985 Filed 10–31–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 960531152–7241–05; I.D.

082897A]

RIN 0648–AI18

Fisheries in the Exclusive Economic

Zone Off Alaska; Technical

Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS issues a technical

amendment correcting minor errors in

the regulations implementing the

Individual Fishing Quota (IFQ) Program

for fixed gear Pacific halibut and

sablefish fisheries in and off of Alaska.

This action is necessary to correct a

number of inadvertent errors in the

regulations implementing the IFQ

Program. The intent of this action is to

improve the clarity and coherence of the

IFQ regulations.

DATES: November 3, 1997.

ADDRESSES: Comments must be sent to

Chief, Fisheries Management Division,

Alaska Region, NMFS, 709 West 9th

Street, Room 453, Juneau, AK 99801 or

P.O. Box 21668, Juneau, AK, Attn: Lori

J. Gravel. Send comments regarding

burden estimates or any other aspect of

the data requirements, including

suggestions for reducing the burdens, to

NMFS and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, DC 20530, Attn: NOAA

Desk Officer.

FOR FURTHER INFORMATION CONTACT:

James Hale, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The fixed gear halibut and sablefish

fisheries are managed by the IFQ

Program, a limited access system for

fixed gear Pacific halibut (Hippoglossus

stenolepis) and sablefish (Anoplopoma

fimbria) fisheries in and off of Alaska.

Under authority of the MagnusonStevens Fishery Conservation and

Management Act and the Northern

Pacific Halibut Act of 1982 (Halibut

Act), NMFS implemented the IFQ

Program in 1995, on the

recommendation of the North Pacific

Fishery Management Council (Council).

At 50 CFR 679.1(d)(2), the regulations

state that the term ‘‘fixed gear’’ is

described in 16 U.S.C. 773(d). The term

‘‘fixed gear’’ is not defined in 16 U.S.C.

773(d). However, it is defined, as an

‘‘authorized fishing gear’’ in 50 CFR

679.2, Definitions. The reference is

corrected.

On August 9, 1996, at 61 FR 41523,

NMFS published a final rule

implementing a number of regulatory

changes in the IFQ Program. Among

these changes, the requirements for

submitting IFQ Shipment Reports at 50

CFR 679.5(l)(2)(iii)(A) were revised to

require that Shipment Reports be

submitted to NMFS within 7 days of the

date of shipment, not prior to the

shipment as was formerly required. In

the revised regulations, the reference to

submission of Shipment Reports in 50

CFR 679.5(l)(2)(ii)(A) should also have

been revised to be consistent with the

new requirement. Moreover, this section

is redundant and awkward. To correct

the inconsistency and clarify the

requirements for shipping reports,

NMFS revises in its entirety

§ 679.5(l)(2).

Finally, a final rule published at 61

FR 43312, on August 22, 1996, revised

the definitions of vessel categories to

which quota share and IFQ can be

assigned (§ 679.40(a)(5)(ii)(B)), and

included an exception to the revised

definitions elsewhere in the regulations

(§ 679.42(a)). The exception is not

referenced in the definitions

themselves. For the sake of clarity, this

action revises the regulations defining

QS categories to reference the exception.

Classification

Because this technical amendment

makes only minor, non-substantive

corrections to an existing rule, prior

notice and opportunity for public

comment would serve no purpose.

Accordingly, the Assistant

Administrator for Fisheries, under 5

U.S.C. 553(b)(3)(B), finds for good cause

that prior notice and opportunity for

public comment are unnecessary.

Because this is a non-substantive rule, 5

USC(d) does not require a delay in the

effective date.

Because this rule is being issued

without prior notice, it is not subject to

the Regulatory Flexibility Act

requirement for a regulatory flexibility

analysis, and none has been prepared.

This rule makes minor technical

changes to a rule that has been

determined to be not significant under

E.O. 12866. No change in the regulatory

impact previously reviewed and

analyzed will result from

implementation of this technical

amendment.

This rule repeats a collection-ofinformation requirement subject to the

Paperwork Reduction Act (PRA). The

requirement for an IFQ shipment report

has been approved by the Office of

Management Budget, Control Number

0648–0272. Public reporting burden for

this collection of information is

estimated to average 12 minutes per

response, including the time for

reviewing instructions, searching

existing data sources, gathering the data

needed, and completing and reviewing

the collection of information. Send

comments regarding these burden

estimates or any other aspect of the data

requirements, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall any person be subject to a

penalty for failure to comply with, a

collection-of-information subject to the

requirements of the PRA, unless that

collection -of-information displays a

currently valid OMB control number.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: October 27, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set forth in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq., and 3631 et seq.

2. In § 679.1, paragraph (d)(2) is

revised to read as follows:

§ 679.1 Purpose and scope.

* * * * *

(d) * * *

(2) Halibut. Regulations in this part

govern commercial fishing for halibut

by vessels of the United States using

fixed gear, as that term is defined in 50

CFR 679.2, in and off of Alaska.

* * * * *