12104 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations

derived from sources other than public

contributions.

(3) A determination of

interrelatedness will be based on the

totality of the facts and the presence or

absence of any one or more factors is not

determinative, except that an overlap of

officers and directors such that the

governing body of one organization

includes enough representatives of the

other to cause or prevent action by the

other will be determinative that the

organizations are interrelated.

(b) The restrictions in this part will

not be applied to an organization found

to be interrelated pursuant to paragraph

(a) if:

(1) The organization receives no LSC

funds, and LSC funds do not directly or

indirectly subsidize restricted activities;

(2) The relationship with the

organization is approved by the

recipient’s governing body; and

(3) The recipient is physically and

financially separate from the

organization. Mere bookkeeping

separation of LSC funds from other

funds is not sufficient. In order to be

physically and financially separate, the

recipient and the organization must

have an objective integrity and

independence from one another. Factors

considered to determine whether such

objective integrity and independence

exist shall include, but are not limited

to:

(i) The existence of separate

personnel;

(ii) The existence of separate

accounting and timekeeping records;

(iii) The existence of separate

facilities; and

(iv) The extent to which signs and

other forms of identification which

distinguish the recipient from the

organization are present.

§ 1610.9 Accounting.

Funds received by a recipient from a

source other than the Corporation shall

be accounted for as separate and distinct

receipts and disbursements in a manner

directed by the Corporation.

Dated: March 11, 1997.

Victor M. Fortuno,

General Counsel.

[FR Doc. 97–6542 Filed 3–13–97; 8:45 am]

BILLING CODE 7050–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–142; RM–8685]

Radio Broadcasting Services; Zapata,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Arturo Lopez, allots Channel

228A at Zapata, Texas, as the

community’s first local FM service. See

60 FR 46562, September 7, 1995.

Channel 228A can be allotted to Zapata

in compliance with the Commission’s

minimum distance separation

requirements without the imposition of

a site restriction. The coordinates for

Channel 228A at Zapata are 26–54–30

NL and 99–16–18 WL. Since Zapata is

located within 320 kilometers (199

miles) of the U.S.-Mexican border,

concurrence of the Mexican government

has been obtained for this

allotment.With this action, this

proceeding is terminated.

DATES: Effective April 21, 1997. The

window period for filing applications

will open on April 21, 1997, and close

on May 22, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–142,

adopted February 26, 1997, and released

March 7, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, DC

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 Texas, is amended by

adding Zapata, Channel 228A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–6429 Filed 3–13–97; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 96–122; RM–8795; RM–

8860]

Radio Broadcasting Services;

Riverdale and Huron, CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document dismisses a

petition for rule making filed by Happy

Nice Valley Broadcasting requesting the

allotment of Channel 252A to Riverdale,

California, as that locality’s first local

aural transmission service (RM–8795).

The proposal is dismissed based upon

the lack of interest by the petitioner or

any other interested party to provide

information, as requested, to establish

that Riverdale constitutes a bona fide

‘‘community’’, as that term is defined

for purposes of Section 307(b) of the

Communications Act, as amended by

the Telecommunications Act of 1996,

for allotment objectives. See 61 FR

30585, June 17, 1996. However, in

response to a counterproposal filed by

Radio Coalinga Latino, Channel 252A is

allotted to the incorporated community

of Huron, California, as that locality’s

first local aural transmission service

(RM–8860). Coordinates used for

Channel 252A at Huron, California, are

36–15–41 and 120–04–19. With this

action, the proceeding is terminated.

DATES: Effective April 21, 1997. The

window period for filing applications

on Channel 252A at Huron, California,

will open on April 21, 1997, and close

on May 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process for

Channel 252A at Huron, California,

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. 96–122,

adopted February 26, 1997, and released

March 7, 1997. The full text of this

Commission decision is available for
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations 12105

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 2100 M Street, NW., Suite

140, Washington, DC 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 California, is

amended by adding Huron, Channel

252A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–6428 Filed 3–13–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961129337–7040–02; I.D.

112096A]

RIN 0648–XX75

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries; 1997 Scup

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule and final

specifications for the 1997 scup fishery.

SUMMARY: NMFS issues the final

specifications for the 1997 scup fishery

that include a commercial catch quota,

a recreational harvest limit, and other

management measures. The intent of

these measures is to prevent overfishing

of the scup resource.

DATES: The amendment to

§ 648.123(a)(1) is effective April 14,

1997. The final 1997 scup specifications

are effective March 11, 1997 through

December 31, 1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis

and recommendations are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19904–6790.

FOR FURTHER INFORMATION CONTACT:

Lucille L. Helvenston, Fishery

Management Specialist (508) 281–9347.

SUPPLEMENTARY INFORMATION:

Comprehensive measures enacted by

Amendment 8 to the Summer Flounder,

Scup, and Black Sea Bass Fishery

Management Plan (FMP) were designed

to rebuild the severely depleted scup

stock. Amendment 8 established a

Monitoring Committee that meets

annually to review the best available

scientific data and make

recommendations regarding the catch

quota and other management measures

in the FMP. The Committee’s

recommendations are made to achieve

the target exploitation rates established

in the amendment to reduce overfishing.

The Committee bases its

recommendations on: (1) Commercial

and recreational catch data; (2) current

estimates of fishing mortality; (3) stock

status; (4) recent estimates of

recruitment; (5) virtual population

analysis (VPA); (6) levels of regulatory

noncompliance by fishermen or

individual states; (7) impact of fish size

and net mesh regulations; (8) impact of

gear other than otter trawls on the

mortality of scup; and (9) other relevant

information.

Based on the recommendations of the

Monitoring Committee, the Mid-Atlantic

Council’s Demersal Species Committee

makes a recommendation to the

Council, which in turn makes a

recommendation to the Administrator,

Northeast Region, NMFS. The Council

recommended a commercial quota,

recreational harvest limit, and changes

in the minimum mesh regulations for

1997.

The measures contained in this final

action are unchanged from those in the

proposed rule published December 9,

1996, (61 FR 64854) and are: (1) A

coastwide commercial quota of 6.0

million lb (2.7 million kg); (2) a

recreational harvest limit of 1.947

million lb (0.88 million kg); (3) an

increase in the minimum codend mesh

size from 4.0 inches (10.21 cm) to 4.5

inches (11.43 cm) and (4) seasonal

minimum mesh threshold levels of

4,000 lb (1,814 kg) in the winter months

(November—April) and 1,000 lb (453

kg) in the sumer months (May—

October). Detailed background

information concerning these measures

is provided in the proposed rule and is

not repeated here.

The coastwide quota is for the 1997

fishing year, January 1, 1997, through

December 31. 1997. However, the

Council has proposed a regulatory

change in a separation action that would

divide the quota into three seasons:

Winter 1 (January—April), Summer

(May—October) and Winter 2

(November—December). The winter

quota would be coastwide. The summer

quota would be allocated on a state-bystate basis. Trip limits would be

imposed in the winter periods. If this

proposal is approved, it would be

implemented about mid-1997.

Comments and Responses

The Mid-Atlantic Fishery

Management Council (Council)

submitted a comment in support of the

1997 specifications for the scup fishery.

The Department of Marine Fisheries of

the Commonwealth of Massachusetts

(MADMF) and an individual submitted

comments in opposition to the proposed

1997 specifications for the scup fishery.

Comment: Both MADMF and the

individual commenter believe the

NMFS should not implement the 1997

coastwide commercial quota for several

reasons. The individual commenter

asserts that the absence of any

constraints on the harvest of the

coastwide quota allows the winter

offshore fishery to catch all of the quota

and discriminates against inshore

harvesters. The MADMF states that,

without the proposed regulatory change

to the quota system, the quota will be

harvested early in the year and there

will be negative impacts from the

resulting fishery closure. MADMF also

notes that quota monitoring should be

improved prior to implementation.

Response: The FMP requires NMFS to

implement a coastwide commercial

quota for 1997. NMFS has no legal

authority to defer implementation of the

quota until the regulatory amendment is

approved. While NMFS is actively

involved in the ongoing efforts to

improve quota monitoring, particularly

for state fisheries, NMFS disagrees with

the implication that the existing

monitoring system is inadequate for

scup quota management. Further, NMFS

disagrees with the contention that the

quota is discriminatory. The quota in

and of itself is not discriminatory.

Although these measures may have

negative impacts on different sectors of

the fishery because of the distance from

areas in which scup are available, the

regulatory measures are not in and of

themselves discriminatory. The review