Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64765

74See CICs Second FNPRM at para. 84.

75Specifically, the CICs Second FNPRM

tentatively concluded that (1) LECs with stored

program-controlled (SPC) switches that have not

received a bona fide request for equal access should

be required to upgrade their facilities to provide

equal access and to accept four-digit CICs within

three years of the effective date of an Order adopted

in this proceeding; and (2) LECs whose end offices

are equipped with non-SPC switches should be

required to provide equal access and to convert

their switches to accept four-digit CICs when they

next replace their switching facilities. See CICs

Second FNPRM at para. 84.

those LECs that have never received a

bona fide request for equal access or that

are not subject to a specific timetable for

providing equal access nonetheless to

upgrade their end offices to offer equal

access by January 1, 1998.74 The

Commission noted that such a

requirement would modify the

Commission’s equal access

implementation schedule for non-GTE

independent telephone companies, set

by the 1985 Independent Telephone

Company Equal Access Report and

Order. As more than twelve years have

passed since adoption of the

Independent Telephone Company Equal

Access Report and Order, the

Commission, in the CICs Second

FNPRM, tentatively concluded that

eventually all LEC end offices should be

required to provide equal access.75

Because the CICs Order on

Reconsideration requires January 1,

1998 switch conversion to accommodate

four-digit CICs only by those LECs

providing equal access, however, and

because Hartington and Jefferson are not

providing equal access, we dismiss their

petitions as moot.

IV. Ordering Clauses

34. It is ordered, pursuant to § 1.3 of

the Commission’s rules, 47 CFR 1.3, and

authority delegated in § 0.91 of the

Commission’s rules, 47 CFR 0.91, and

§ 0.291 of the Commission’s rules, 47

CFR 0.291, that the Petition for Limited

Waiver of Hardy Telecommunications

Inc., is granted, by extending for it the

switch conversion deadline for fourdigit CIC capability until April 30, 1998.

35. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Limited Waiver of Pierce Telephone

Company, Inc., is granted, by extending

for it the switch conversion deadline for

four-digit CIC capability until May 1,

1998.

36. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Waiver of Northeast Nebraska

Telephone Company is granted, by

extending for it the switch conversion

deadline for four-digit CIC capability

until June 30, 1998.

37. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Limited Waiver of Pioneer Telephone

Cooperative, Inc., is granted, by

extending for it the switch conversion

deadline for four-digit CIC capability

until June 30, 1998.

38. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Limited Waiver of Hartman Telephone

Exchanges, Inc., is granted in part, by

extending for it the switch conversion

deadline for four-digit CIC capability

until June 30, 1998, and denied in part,

to the extent Hartman requests

extension beyond that date.

39. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Limited Waiver of Clarks

Telecommunications Co. is granted in

part, by extending for it the switch

conversion deadline for four-digit CIC

capability until June 30, 1998, and

denied in part, to the extent Clarks

requests extensions beyond that date.

40. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Joint Petition for

Limited Waiver of Eustis Telephone

Exchange, Inc. and Home Telephone

Company of Nebraska, is granted in

part, by extending for them the switch

conversion deadline for four-digit CIC

capability until June 30, 1998, and

denied in part, to the extent Eustis and

Home request extension beyond that

date.

41. It is further ordered, pursuant to

§ 1.3 of the Commission’s rules, 47 CFR

1.3, and authority delegated in § 0.91 of

the Commission’s rules, 47 CFR 0.91,

and § 0.291 of the Commission’s rules,

47 CFR 0.291, that the Petition for

Limited Waiver of Henderson

Telephone Company is granted in part,

by extending for it the switch

conversion deadline for four-digit CIC

capability until June 30, 1998, and

denied in part, to the extent Henderson

requests extension beyond that date.

42. It is further ordered, pursuant to

authority delegated in § 0.91 of the

Commission’s rules, 47 CFR 0.91, and

§ 0.291 of the Commission’s rules, 47

CFR 0.291, that the Petition for Waiver

of Hartington Telecommunications Co.,

Inc., is dismissed as moot.

43. It is further ordered, pursuant to

authority delegated in § 0.91 of the

Commission’s rules, 47 CFR 0.91, and

§ 0.291 of the Commission’s rules, 47

CFR 0.291, that the Petition for Waiver

of Jefferson Telephone Company is

dismissed as moot.

Federal Communications Commission.

Geraldine A. Matise,

Chief, Network Services Division, Common

Carrier Bureau.

[FR Doc. 97–32177 Filed 12–4–97; 4:03 pm]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 900124–0127; I.D. 112897E]

Fisheries of the Northeastern United

States; Atlantic Surf Clam and Ocean

Quahog Fishery; Minimum Clam Size

for 1998

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Suspension of surf clam

minimum size limit.

SUMMARY: NMFS informs the public that

the minimum size limit of 4.75 inches

(12.07 cm) for Atlantic surf clams is

suspended for the 1998 fishing year.

The intended effect is to relieve the

industry from a regulatory burden that

is not necessary as the vast majority of

surf clams harvested are larger than the

minimum size limit.

DATES: January 1, 1998, through

December 31, 1998.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508-281-9104.

SUPPLEMENTARY INFORMATION: Section

648.72(c) of the Fishery Management

Plan for the Atlantic Surf Clam and

Ocean Quahog Fisheries (FMP) allows

the Regional Administrator, Northeast

Region, NMFS, to suspend annually by

publication of an announcement in the

Federal Register, the minimum size

limit for Atlantic surf clams. This action
64766 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

may be taken unless discard, catch, and

survey data indicate that 30 percent of

the Atlantic surf clam resource is

smaller than 4.75 inches (12.07 cm) and

the overall reduced size is not

attributable to beds where growth of the

individual clams has been reduced

because of density-dependent factors.

At its August 1997 meeting, the MidAtlantic Fishery Management Council

(Council) accepted the

recommendations of its Scientific and

Statistical Committee and Surf Clam/

Ocean Quahog Committee and voted to

recommend that the Regional

Administrator suspend the minimum

size limit for surf clams in 1998.

Commercial surf clam shell length data

for 1997 indicate that only 15.25 percent

of the samples were composed of surf

clams that were less than 4.75 inches

(12.07 cm). Based on these data, the

Regional Administrator adopts the

Council’s recommendation and

publishes this announcement to

suspend the minimum size limit for

Atlantic surf clams for the period

January 1, 1998, through December 31,

1998.

This action is authorized by 50 CFR

part 648 and is exempt from review

under E.O. 12866.

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

Dated: December 3, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–32195 Filed 12–8–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970613138–7138–01; I.D.

120297A]

Scallop Fishery Off Alaska, Scallops in

the Northeast District of Registration

Area K

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; Inseason adjustment;

request for comments.

SUMMARY: NMFS is closing the fishery

for scallops in the Northeast District of

Registration Area K to prevent

overfishing for scallops in this District.

It is intended to promote the goals and

objectives of the North Pacific Fishery

Management Council.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), December 3, 1997, until

2400 hrs, A.l.t., June 30, 1998.

Comments must be received at the

following address no later than 4:30

p.m., A.l.t., December 18, 1997.

ADDRESSES: Comments may be sent to

Susan Salveson, Chief, Sustainable

Fisheries Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel, or be delivered

to the fourth floor of the Federal

Building, 709 West 9th Street, Juneau,

AK.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

scallop fishery off Alaska in the

exclusive economic zone is managed by

NMFS according to the Fishery

Management Plan for the Scallop

Fishery Off Alaska (FMP) prepared by

the North Pacific Fishery Management

Council under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at

subpart F of 50 CFR part 600 and 50

CFR part 679.

The 1997 total allowable catch for

scallops in Registration Area K, which

includes the Northeast District, was

established by the 1997–98 Harvest

Specifications (62 FR 34182, June 25,

1997) as 400,000 pounds (181.4 metric

tons (mt)) of shucked scallop meat. As

of November 17, 1997, 96,000 pounds

(43.54 mt) of shucked scallop meat have

been caught in the Northeast District.

The Alaska Department of Fish and

Game, Commercial Fisheries

Management and Development

Division, has monitored the scallop

fishery in the Northeast District since

the fishery opened on August 11, 1997.

Harvest rates peaked in early September

and have declined steadily. The Alaska

Department of Fish and Game is

concerned for the localized depletion of

the scallop stocks in the Northeast

District.

The Administrator, Alaska Region,

NMFS, has determined, in accordance

with §§ 679.63(a), 679.25(a)(1)(i), and

679.25(a)(2)(i)(A), that on the basis of

the best available scientific information,

the closure of the scallop season within

the Northeast District of Area

Registration K is necessary to prevent

overfishing of this stock of scallops.

Therefore, NMFS is prohibiting the

taking and retention of scallops in the

Federal waters of the Northeast District

of Registration Area K.

Classification

The Assistant Administrator for

Fisheries, NOAA, finds for good cause

that providing prior notice and public

comment or delaying the effective date

of this action is impracticable and

contrary to the public interest.

Immediate effectiveness is necessary to

prevent localized overfishing for

scallops in the Northeast District of

Registration Area K. Accordingly, under

5 U.S.C 553(d), a delay in the effective

date is hereby waived.

This action is required by § 679.63

and is exempt from review under E.O.

12866.

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

Dated: December 3, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–32072 Filed 12–3–97; 2:52 pm]

BILLING CODE 3510–22–F