Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations 329

Carriers Subject to the Shipping Act of

1984, the Federal Maritime Commission

amended its regulations set forth in 46

CFR Part 572 governing the filing,

processing and review of agreements

subject to the Shipping Act of 1984. 61

FR 11 564 (Mar. 21, 1996) and 61 FR

40530 (Aug. 5, 1996). For the most part,

these amended regulations became

effective on April 19, 1996. Since that

date, new agreements have been

required to comply with the revised

information form provisions. However,

the proper application of the new

monitoring report provisions in 46 CFR

572.701–572.705 to agreements already

in effect could not be determined

immediately, because the market share

data necessary to separate Class A/B

agreements into Class A and Class B was

not readily available. Accordingly, the

Commission stayed the effectiveness of

the monitoring report provisions of the

final rule until further notice. Under

section 15 of the 1984 Act, the

Commission has directed all existing

Class A/B agreements to submit reports

that include the information demanded

of new Class A/B agreements under the

information form regulations, including

market share data.

The market share data has been

submitted to the Commission, and

existing Class A/B agreements can now

be assigned their appropriate

rereporting classifications. Those

agreements are being notified, via letter,

of their reporting classification for 1997.

Therefore, the Commission is lifting

the stay of the monitoring report

provisions at 46 CFR 572.701(a) and

572.702. With this action, the lifting of

quarterly monitoring reports, including

those applicable to Class C agreements,

will begin with the report covering the

first quarter (i.e., January-March) of

calendar year 1997, which is to be filed

within 75 days of the end of that

quarter, pursuant to 46 CFR 572.701(f).

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97–60 Filed 1–2–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–50; RM–8581; RM–8662]

Radio Broadcasting Services; Willcox,

AZ; Lordsburg, NM

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document substitutes

Channel 285C3 for Channel 252A at

Willcox, Arizona, and modifies the

license of Station KWCX–FM to specify

operation on the nonadjacent higher

powered channel, as requested by

William S. Konopnicki. See 60 FR

22022, May 4, 1995. Also, Channel

223C3 is allotted to Willcox, as an

additional equivalent channel, since an

interest in applying for a second Class

C3 allotment at that community was

expressed by Michael T. McKenna.

Additionally, Channel 289C3 is allotted

to Lordsburg, New Mexico, as an

additional local FM transmission

service at that community, in response

to a counterproposal filed on behalf of

Lordsburg Broadcasting Associates.

Coordinates used for Channel 223C3 at

Willcox are 32–16–22 North Latitude

and 109–48–14 West Longitude;

coordinates used for Channel 285C3 at

Willcox are 32–14–48 North Latitude

and 109–39–52 West Longitude;

coordinates used for Channel 289C3 at

Lordsburg, are 32–20–48 North Latitude

and 108–42–36 West Longitude. As

Willcox, Arizona, and Lordsburg, New

Mexico, are located within 320

kilometers (199 miles) of the United

States-Mexico border, concurrence of

the Mexican government in the

respective allotments was obtained.

With this action, the proceeding is

terminated.

DATES: Effective February 10, 1997. The

window period for filing applications

for Channel 223C3 at Willcox, Arizona,

and for Channel 289C3 at Lordsburg,

New Mexico, will open on February 10,

1997, and close on March 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 223C3 at Willcox, Arizona, and

for Channel 289C3 at Lordsburg, New

Mexico, should be addressed to the

Audio Services Division, (202) 418–

2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–50,

adopted December 20, 1996, and

released December 27, 1996. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Center (Room 239),

1919 M Street, NW, Washington, D.C.

The complete text of this decision may

also be purchased from the

Commission’s copy contractors,

International Transcription Service,

Inc., (202) 857–3800, located at 1919 M

Street, N.W., Room 246, or 2100 M

Street, N.W., Suite 140, Washington,

D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Arizona, is amended

by adding Channel 223C3 at Willcox;

3. Section 73.202(b), the Table of FM

Allotments under Arizona, is amended

by removing Channel 252A and adding

Channel 285C3 at Willcox;

4. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by adding Channel 289C3 at

Lordsburg.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–47 Filed 1–2–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 96–76; RM–8770]

Radio Broadcasting Services;

Nekoosa, Wisconsin

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 288A to Nekoosa,

Wisconsin, in response to a petition

filed by Lyle Robert Evans d/b/a The

Radio Company. See 61 FR 18541, April

26, 1996. The coordinates for Channel

288A are 44–18–33 and 90–03–10.

There is a site restriction 11.9

kilometers (7.4 miles) west of the

community. With this action this

proceeding is terminated.

DATES: Effective February 10, 1997. The

window period for filing applications

for Channel 288A at Nekoosa,

Wisconsin, will open on February 10,

1997, and close on March 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 96–76,
330 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Rules and Regulations

adopted December 20, 1996, and

released December 27, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW, Washington,

D.C. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037, (202) 857–

3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wisconsin, is

amended by adding Channel 288A at

Nekoosa.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–46 Filed 1–2–97; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration (NOAA)

50 CFR Part 259

[Docket No.961122326–6326–01; I.D.

081092G]

RIN 0648–AF22

Capital Construction Fund; Interim

Fishing Vessel Capital Construction

Fund Procedures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

allow fishermen to use the Fishing

Vessel Capital Construction Fund

Program (Program) for equipping and/or

modifying their fishing vessels to

increase general vessel safety and/or to

comply with specific requirements

established under the Commercial

Fishing Industry Vessel Safety Act of

1988 and/or other laws or regulations

that materially increase the safety of a

fishing vessel. The result is that a vessel

equipment acquisition or vessel

modification, which materially

increases the safety of a qualified vessel,

will be treated as a reconstruction and

exempted from certain Program rules so

that payment for it becomes a qualified

withdrawal.

EFFECTIVE DATE: February 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles L. Cooper (Financial Services

Division, NMFS) at 301-713-2396.

SUPPLEMENTARY INFORMATION:

Background

The Program allows fisheries

taxpayers to defer paying Federal taxes

on fishing vessel income. Income on

which taxes are to be deferred must be

deposited in accordance with Capital

Construction Fund Agreements and

reserved for the equity portion of fishing

vessel construction, reconstruction, or

acquisition costs. All deferred taxes are

eventually recaptured by reductions in

the depreciation basis, for tax purposes,

of vessels benefitting from tax deferrals

under the Program.

Under present Program rules (50 CFR

part 259), fishermen cannot use the

Program to pay for safety equipment

unless that equipment is part of a vessel

construction or reconstruction project.

Although this is not generally a problem

when fishing vessel construction is

involved, it can be a problem when

fishing vessel reconstruction is

involved.

Generally, improving a fishing vessel

will not qualify as reconstruction under

this Program’s rules unless the cost of

doing so: (1) Is a capital expenditure; (2)

amounts to at least $100,000 or 20

percent of the vessel’s acquisition cost

(whichever is less); and (3) substantially

prolongs the vessel’s useful life,

increases its value, or adapts it to a

different fisheries use. The purchase

and installation of fishing vessel safety

equipment would seldom meet this

rules test. Many fishing vessel

modifications for safety purposes would

also fail to meet this test.

Additionally, the conditional fishery

requirements apply to fishing vessel

reconstruction under this Program.

These requirements restrict the

availability of Program benefits in

fisheries where the Government deems

additional or increased harvesting

capacity unwarranted. These

conditional fishery requirements could

also, under the present Program rules,

prevent use of this Program for safety

projects.

This rulemaking permits Program use

for the acquisition and installation of

fishing vessel safety equipment and for

fishing vessel modifications whose

central purpose is to increase vessel

safety to be treated, in their own right,

as reconstructions for the purpose of

withdrawing tax-deferred funds from

Capital Construction Funds to pay for

them. Except for the capital expenditure

requirement, these fishing vessel safety

projects are now exempted from the

normal rules test that determines

whether fishing vessel improvements

can qualify as reconstructions. They are

now also exempted from the conditional

fishery requirements that would

otherwise apply to reconstruction

projects.

Notice of proposed rulemaking for

this change was published in the

Federal Register on November 18, 1992

(57 FR 54356).

Comments and Responses

Seven parties responded in writing to

the notice of proposed rulemaking. All

supported it. The general response was

that this rule would give the industry

needed flexibility in meeting new and

proposed safety requirements for fishing

vessels. One of those responding was

the Director, Northeast Region, NMFS,

for NOAA, who also recommended

expanding the proposed rule to include

the acquisition and installation of

equipment required by law or regulation

which materially increases the safety of

a qualified fishing vessel. This

recommendation was made for the

purpose of helping fishermen pay for

the high cost of transponders required

for fishery management purposes; but

which also serve to materially increase

vessel safety by providing accurate

hourly position transmissions that could

be sent directly to the U.S. Coast Guard.

After considering these comments,

NMFS has decided to proceed with final

rulemaking with only a minimum

change in the proposed rule to allow the

Program to be used for vessel equipment

acquisitions or vessel modifications,

which materially increase the safety of

a qualified vessel, to be treated as a

reconstruction when made either for

such central purpose or because it was

required by law or regulation.

Effect of Final Rule

This rule allows the fishing industry

to use their Capital Construction Funds

to pay for fishing vessel safety-related

projects without regard to: (1) The cost

of the safety project; (2) whether the

fishing vessel involved in the safety

project had its useful life extended, its