Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2041

29. Section 90.217 is amended by

revising the introductory text and the

first sentence in paragraph (a) to read as

follows:

§ 90.217 Exemption from technical

standards.

Except as noted herein, transmitters

used at stations licensed in the Business

Radio Service and at stations licensed in

the 150–174 MHz and 421–512 MHz

bands in any Radio Service listed in

Subparts B, C, D, and E of this Part

which have an output power not

exceeding 120 milliwatts are exempt

from the technical requirements set out

in this subpart, but must instead comply

with the following:

(a) For equipment designed to operate

with a 25 kHz channel

bandwidth, * * *

* * * * *

§ 90.267 [Amended]

30. Section 90.267 is amended by

removing and reserving paragraph (b).

31. Section 90.283 is amended by

revising the table in paragraph (a),

revising paragraph (c) and adding

paragraph (g) to read as follows:

§ 90.283 Inter-service sharing of maritime

frequencies in the 156–162 MHz band.

(a) * * *

FREQUENCY (MHZ)

Mobile station transmit Mobile station

transmit

157.200 ............................... 161.800

157.20625 1 ......................... 1 161.80625

157.2125 2 ........................... 2 161.8125

157.21875 1 ......................... 1 161.81875

157.225 ............................... 161.825

157.23125 1 ......................... 1 161.83125

157.2375 2 ........................... 2 161.8375

157.24375 1 ......................... 1 161.84375

157.250 ............................... 161.850

157.25625 1 ......................... 1 161.85625

157.2625 2 ........................... 2 161.8625

157.26875 1 ......................... 1 161.86875

157.275 ............................... 161.875

157.28125 1 ......................... 1 161.88125

157.2875 2 ........................... 2 161.8875

157.29375 1 ......................... 1 161.89375

157.300 ............................... 161.900

157.30625 1 ......................... 1 161.90625

157.3125 2 ........................... 2 161.9125

157.31875 1 ......................... 1 161.91875

157.325 ............................... 161.925

157.33125 1 ......................... 1 161.93125

157.3375 2 ........................... 2 161.9375

157.34375 1 ......................... 1 161.94375

157.350 ............................... 161.950

157.35625 1 ......................... 1 161.95625

157.3625 2 ........................... 2 161.9625

157.36875 1 ......................... 1 161.96875

157.375 ............................... 161.975

157.38125 1 ......................... 1 161.98125

157.3875 2 ........................... 2 161.9875

157.39375 1 ......................... 1 161.99375

FREQUENCY (MHZ)—Continued

Mobile station transmit Mobile station

transmit

157.400 ............................... 162.000

1This frequency will be assigned with an

authorized bandwidth not to exceed 6 kHz. 2This frequency will be assigned with an

authorized bandwidth not to exceed 11.25

kHz.

* * * * *

(c) Station power, as measured at the

output terminals of the transmitter,

must not exceed 50 watts for base

stations and 20 watts for mobile

stations, except in accordance with the

provisions of paragraph (g) of this

section. Antenna height (HAAT) must

not exceed 122 meters (400 feet) for base

stations and 4.5 meters (15 feet) for

mobile stations, except in accordance

with paragraph (g) of this section. Such

base and mobile stations must not be

operated on board aircraft in flight.

* * * * *

(g) Applicants seeking to be licensed

for stations exceeding the power/

antenna height limits of the table in

paragraph (d) of this section are

required to secure a waiver and must

submit with the application, an

interference analysis, based upon any of

the generally-accepted terrain-based

propagation models, that shows that cochannel protected entities, described in

paragraph (d) of this section, would

receive the same or greater interference

protection than provided in the table.

32. Section 90.311 is amended by

revising the introductory text of

paragraph (b) to read as follows.

§90.311 Frequencies.

* * * * *

(b) Miami, FL, Dallas, TX, and

Houston, TX urbanized areas. Only the

first and last assignable frequencies are

shown. Assignable frequencies will

occur in increments of 6.25 kHz.

Frequencies listed in paragraph (a)(3) of

this section will only be assigned with

a maximum authorized bandwidth of 6

kHz.

* * * * *

[FR Doc. 97–831 Filed 1–14–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1185

[STB Ex Parte No. 543]

Revision of Regulations for

Interlocking Rail Officers

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The ICC Termination Act of

1995 (ICCTA) abolished the Interstate

Commerce Commission (ICC) and

transferred certain rail regulatory

functions to the Surface Transportation

Board (Board). The ICCTA revised the

statute concerning restrictions on

officers and directors. Under new 49

U.S.C. 11328, individuals seeking to

hold the position of officer or director

only of Class III railroads are no longer

required to seek Board authorization.

This publication contains our final rules

implementing the statute.

EFFECTIVE DATE: The rules are effective

on February 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 927–5660. [TDD for

the hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: In a notice

of proposed rulemaking served May 10,

1996, and published in the Federal

Register on May 13, 1996 (61 FR 22014),

we proposed to revise 49 CFR part 1185

to reflect this statutory change (Pub. L.

104–88, 109 Stat. 803 (1995)) and to

propose other changes to our rules.

Comments were filed by Joseph C.

Szabo, for and on behalf of the United

Transportation Union, Illinois

Legislative Board (UTU), and by the

Association of American Railroads

(AAR).

The Board is adopting final rules in

this decision. This decision is available

to all persons for a charge by phoning

DC NEWS & DATA, INC., at (202) 289–

4357.

The Board certifies that this rule will

not have a significant economic effect

on a substantial number of small

entities. In response to the statutory

change, this rule will reduce regulation

and it imposes no new reporting

requirements on small entities.

Requirements for the form of the

application have been slightly modified

to conform to the Board’s rules of

practice.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.
2042 Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations

List of Subjects in 49 CFR Part 1185

Administrative practice and

procedure, Railroads.

Decided: December 31, 1996.

By the Board, Chairman Morgan, Vice

Chairman Simmons, Commissioner Owen.

Vernon A. Williams,

Secretary.

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X, part

1185 of the Code of Federal Regulations

is revised to read as follows:

PART 1185—INTERLOCKING

OFFICERS

Sec.

1185.1 Definitions and scope of regulations.

1185.2 Contents of application.

1185.3 Procedures.

1185.4 General authority.

1185.5 Common control.

1185.6 Jointly used terminal properties.

Authority: 5 U.S.C. 553 and 559 and 49

U.S.C. 721, 10502, and 11328.

§1185.1 Definitions and scope of

regulations.

(a) This part addresses the

requirement of 49 U.S.C. 11328

authorization of the Surface

Transportation Board (STB) needed for

a person to hold the position of officer

or director of more than one rail carrier,

except where only Class III carriers are

involved. STB authorization is not

needed for individuals seeking to hold

the positions of officers or directors only

of Class III railroads. 49 U.S.C. 11328(b).

(b) When a person is an officer of a

Class I railroad and seeks to become an

officer of another Class I railroad, an

application under 49 U.S.C. 11328(a) (or

petition for individual exemption under

49 U.S.C. 10502) must be filed. All other

‘‘interlocking directorates’’ have been

exempted as a class from the prior

approval requirements of 49 U.S.C.

11328(a), pursuant to 49 U.S.C. 10502

and former 49 U.S.C. 10505. For such

interlocking directorates exempted as a

class, no filing with the STB is

necessary to invoke the exemption.

(c) An interlocking directorate exists

whenever an individual holds the

position of officer or director of one rail

carrier and assumes the position of

officer or director of another rail carrier.

This provision applies to any person

who performs duties, or any of the

duties, ordinarily performed by a

director, president, vice president,

secretary, treasurer, general counsel,

general solicitor, general attorney,

comptroller, general auditor, general

manager, freight traffic manager,

passenger traffic manager, chief

engineer, general superintendent,

general land and tax agent or chief

purchasing agent.

(d) For purposes of this part, a rail

carrier means a person providing

common carrier railroad transportation

for compensation (except a street,

suburban, or interurban electric railway

not operating as part of the general

system of rail transportation), and a

corporation organized to provide such

transportation.

§1185.2 Contents of application.

(a) Each application shall state the

following:

(1) The full name, occupation,

business address, place of residence,

and post office address of the applicant.

(2) A specification of every carrier of

which the applicant holds stock, bonds,

or notes, individually, as trustee, or

otherwise; and the amount of, and

accurate description of, such securities

of each carrier for which the applicant

seeks authority to act. (Whenever it is

contemplated that the applicant will

represent on the board of directors of

any carrier securities other than those

owned by the applicant, the application

shall describe such securities, state the

character of representation, the name of

the beneficial owner or owners, and the

general nature of the business

conducted by such owner or owners.)

(3) Each and every position with any

carrier:

(i) Which is held by the applicant at

the time of the application; and

(ii) Which the applicant seeks

authority to hold, together with the date

and manner of his or her election or

appointment thereto and, if the

applicant has entered upon the

performance of his duties in any such

position, the nature of the duties so

performed and the date when he first

entered upon their performance. (A

decision authorizing a person to hold

the position of director of a carrier will

be construed as sufficient to authorize

that person to serve also as chairman of

its board of directors or as a member or

chairman of any committee or

committees of such board; and,

therefore, when authority is sought to

hold the position of director, the

applicant need not request authority to

serve in any of such other capacities.)

(4) As to each carrier covered by the

requested authorization, whether it is an

operating carrier, a lessor company, or

any other corporation organized for the

purpose of engaging in rail

transportation. (If any such carrier

neither operates nor owns any railroad

providing transportation that is subject

to 49 U.S.C. 10501, the application shall

include a copy of such carrier’s charter

or certificate or articles of incorporation,

with amendments to date or, if already

filed with the former Interstate

Commerce Commission (ICC) or with

the STB, a reference thereto, with any

intervening amendments.)

(5) A full statement of pertinent facts

relative to any carrier involved which

does not make annual reports to the

STB.

(6) Full information as to the

relationship—operating, financial,

competitive, or otherwise—existing

between the carriers covered by the

requested authorization.

(7) Every corporation—industrial,

financial, or miscellaneous—of which

the applicant is an officer or director,

and the general character of the business

conducted by such corporation.

(8) The reasons, fully, why the

granting of the authority sought will not

affect adversely either public or private

interests.

(9) Whether or not any other

application for authority has been made

in behalf of the applicant and, if so, the

date and docket number thereof, by

whom made, and the action thereon, if

any.

(b) When application has been made

on behalf of any person, a subsequent

application by that person need not

repeat any statement contained in the

previous application but may

incorporate the same by appropriate

reference.

§ 1185.3 Procedures.

The original application or petition

shall be signed by the individual

applicant or petitioner and shall be

verified under oath. Petitions and

applications should comply with the

STB’s general rules of practice set forth

at 49 CFR part 1104. Applications or

petitions may be made by persons on

their own behalf.

§ 1185.4 General authority.

Any person who holds or seeks

specific authority to hold positions with

a carrier may also request general

authority to act as an interlocking officer

for all affiliated or subsidiary companies

or properties used or operated by that

carrier, either separately or jointly, with

other carriers. A carrier may apply for

general authority on behalf of an

individual who has already received

authority to act as an interlocking

officer. However, a carrier may not

apply for general authority for an

individual who holds a position with

another railroad which is not an affiliate

or subsidiary of the carrier or whose

properties are not used or operated by

the carrier, either separately or jointly

with other carriers.
Federal Register / Vol. 62, No. 10 / Wednesday, January 15, 1997 / Rules and Regulations 2043

§ 1185.5 Common control.

It shall not be necessary for any

person to secure authorization to hold

the position of officer or director of two

or more carriers if such carriers are

operated under common control or

management either:

(a) Pursuant to approval and authority

of the ICC granted under former 49

U.S.C. 11343–44 or by the STB granted

under 49 U.S.C. 11323–24; or

(b) Pursuant to an exemption

authorized by the ICC under former 49

U.S.C. 10505 or by the STB under 49

U.S.C. 10502; or

(c) Pursuant to a controlling,

controlled, or common control

relationship which has existed between

such carriers since before June 16, 1933.

§ 1185.6 Jointly used terminal properties.

Any person holding the position of

officer or director of a carrier is relieved

from the provisions of this part to the

extent that he or she may also hold a

directorship and any other position to

which that person may be elected or

appointed with a terminal railroad the

properties of which are operated or used

by the carrier jointly with other carriers.

[FR Doc. 97–953 Filed 1–14–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 960502124–6190–02; I.D.

010997A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Scallop Fishery;

Registration Area E

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason adjustment to prevent

overfishing; request for comments.

SUMMARY: NMFS has determined that

the currently specified total allowable

catch (TAC) amount for scallops in

Registration Area E is incorrect.

Therefore, NMFS is reducing the TAC

and apportioning it between parts of

Registration Area E that are east and

west of 146° W. long. NMFS also is

apportioning the current C. bairdi crab

bycatch limit (CBL) specified for

Registration Area E between the area

east and west of 146° W. long. These

actions are necessary to avoid localized

overfishing of the scallop resource and

achieve the optimum yield from the

scallop fishery. They are intended to

promote the goals and objectives of the

Fishery Management Plan for the

Scallop Fishery off Alaska (FMP).

DATES: 1200 hrs, Alaska local time

(A.l.t.), January 10, 1997, until 2400 hrs,

A.l.t., June 30, 1997. Comments must be

received at the following address no

later than 1630 hrs, A.l.t., January 27,

1997.

ADDRESSES: Comments may be sent to

Ronald J. Berg, Chief, Fisheries

Management 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:

Andrew Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

scallop fishery off Alaska in the

exclusive economic zone is managed by

NMFS according to the 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 50

CFR part 679. General regulations that

pertain to the U.S. fisheries appear at 50

CFR part 600.

The 1996–1997 TAC for scallops and

the C. bairdi CBL in Registration Area E

are established by the 1996–1997

Harvest Specifications (61 FR 38099,

July 23, 1996) as 50,000 lbs (22,686 kg)

of shucked scallop meat and 630 C.

bairdi crab.

The Alaska Department of Fish and

Game (ADF&G) conducted a survey that

assessed the scallop abundance and age

structure of the scallop population

within Registration Area E after the

1996–1997 Harvest Specifications were

published. This information indicated

that recruitment to the area was very

low and that a harvest of the 50,000 lbs

(22,686 kg) of shucked scallop meat

would risk localized overfishing of the

scallop stock in Registration Area E.

The Administrator, Alaska Region,

NMFS (formerly Regional Director), has

determined, in accordance with

§§ 679.25(a)(2)(i)(A) and 679.63(a), that

recent resource survey data collected by

the ADF&G warrants an adjustment of

the scallop TAC and C. bairdi CBL

specified for Registration Area E to

prevent overfishing of scallops.

NMFS, therefore, is reducing the TAC

specified for Registration Area E from

50,000 lbs (22,686 kg) to 22,300 lbs

(10,115 kg) of shucked scallop meat.

Furthermore, consistent with resource

distribution determined by the ADF&G

survey, NMFS is subdividing

Registration Area E into parts east and

west of 146° W. long. and is

apportioning the reduced TAC for

Registration Area E as follows: In the

part of Registration Area E east of 146°

W. long., 17,300 lbs (7,847 kg) of

shucked scallop meat is authorized for

harvest; in the area of Registration Area

E west of 146° W. long., 5,000 lbs (2,268

kg) of shucked scallop meat is

authorized for harvest. Consistent with

this action, the CBL of C. bairdi crab is

apportioned as follows: 500 C. bairdi

crab in the area of Registration Area E

east of 146° W. long.; 130 C. bairdi crab

in the area of Registration Area E west

of 146° W. long. The apportionment of

TAC and CBL between waters east and

west of 146° W. long. is necessary to

prevent localized overfishing in either

of these subareas within Registration

Area E.

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 overfishing scallops in

Registration Area E. Under

§ 679.25(c)(2), interested persons are

invited to submit written comments on

this action to the above address until

January 27, 1997.

Classification

This action is taken under § 679.63

and is exempt from review under E.O.

12866.

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

Dated: January 9, 1997.

Gary Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–941 Filed 1–10–97; 12:29 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 950727194–6365–04; I.D.

111296B]

RIN 0648–AG54

Fisheries of the Exclusive Economic

Zone Off Alaska; Technical

Amendment; Correction and

Clarification

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; technical

amendment.

SUMMARY: NMFS is correcting several

sections of regulations that contain