18536 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations

1Replacement of Part 90 by Part 88 to Revise the

Private Land Mobile Radio Services and Modify the

Policies Governing Them and Examination of

Exclusivity and Frequency Assignment Policies of

the Private Land Mobile Radio Services and

Amendment of the Commission’s Rules Concerning

Maritime Communications, PR Docket Nos. 92–235

and 92–257, Memorandum Opinion and Order, 11

FCC Rcd 17676 (1996) at para. 11.

Service, 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: Sections 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 South Dakota, is

amended by adding Clear Lake, Channel

296C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–9829 Filed 4–15–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 92–235, DA 97–592]

Efficiency of Private Land Mobile

Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

clarification.

SUMMARY: On February 14, 1997,

Motorola filed a petition seeking

clarification of the Commission’s

decision in the Memorandum Opinion

and Order in PR Docket 92–235, FCC

96–492 (released Dec. 30, 1996)

(Refarming MO&O). Specifically,

Motorola notes that the Refarming

MO&O allows frequency coordinators to

recommend frequencies inconsistent

with the adopted band plan, provided

that such a system will not cause

harmful interference to any existing

system. This action seeks public

comment on Motorola’s petition.

DATES: Comments are due May 2, 1997;

reply comments are due May 12, 1997.

ADDRESSES: All comments should be

filed with the Office of Secretary,

Federal Communications Commission,

1919 M Street, N.W., Room 222,

Washington, DC 20554. A copy of each

filing should be sent to International

Transcription Service, Inc. (ITS), 2100

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

D.C. 20037, (202) 857–3800 and Ira

Keltz, Federal Communications

Commission, Wireless

Telecommunications Bureau, Private

Wireless Division, 2025 M Street, N.W.,

Room 8119, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Ira

Keltz of the Wireless

Telecommunications Bureau at (202)

418–0616 or via E-Mail to

mayday@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Public

Notice released April 10, 1997.

1. On February 14, 1997, Motorola

filed a petition seeking clarification of

the Commission’s decision in the

Memorandum Opinion and Order in PR

Docket 92–235, FCC 96–492 (released

Dec. 30, 1996) (Refarming MO&O) (62

FR 2027, January 15, 1997). Specifically,

Motorola notes that the Refarming

MO&O allows frequency coordinators to

recommend frequencies inconsistent

with the adopted band plan, provided

that such a system will not cause

harmful interference to any existing

system. For example, a frequency

coordinator could recommend approval

of applications for 5 kHz channels

within a user’s existing 25 kHz

assignment, even though such

applications would be inconsistent with

the channel plan adopted in this

proceeding (which calls for 6.25/7.5 kHz

channel spacing). This policy was

designed to increase the efficient use of

the spectrum.1

2. Although supportive of this policy,

Motorola notes that implementing this

flexibility for ‘‘any technology’’ may be

constrained by other Commission

regulations. For example, Motorola

observes that a user who seeks to double

the capacity of its system by

implementing two 12.5 kHz channels

within its existing 25 kHz assignment

would have to use the channel centers

that are 6.25 kHz removed from its

existing channel center. This type of

operation, however, is prohibited

because these channels are restricted to

emissions of 6.0 kHz or less. Motorola

asks that the Commission clarify its

policy to allow the described operation,

thereby achieving a consistent policy of

technological neutrality and

encouraging migration from existing

equipment to more efficient

technologies.

3. The full text of the petition,

comments, and reply comments are

available for inspection and duplication

during regular business hours in the

Private Wireless Division of the

Wireless Telecommunications Bureau,

Federal Communications Commission,

2025 M Street, N.W., Room 8010,

Washington, D.C. 20554. Copies may

also be obtained from International

Transcription Service, Inc. (ITS), 2100

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

D.C. 20037, (202) 857–3800.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–9797 Filed 4–15–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 961226370–7074–02; I.D.

111896A]

RIN 0648–AI15

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery Off the Southern Atlantic

States; Amendment 2

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 2 to the Fishery

Management Plan for the Shrimp

Fishery of the South Atlantic Region

(FMP). Amendment 2 adds brown and

pink shrimp to the FMP’s fishery

management unit, defines overfishing

for brown and pink shrimp, defines

optimum yield (OY) for brown and pink

shrimp, requires the use of certified

bycatch reduction devices (BRDs) in all

penaeid shrimp trawls in the exclusive

economic zone (EEZ) in the South

Atlantic, and establishes a framework

procedure for adding to the list of

certified BRDs or modifying their

specifications. The intended effects are

to minimize the bycatch of finfish in

shrimp trawling operations in the South

Atlantic and to implement consistent,

and therefore more enforceable, Federal

and state management measures

requiring the use of BRDs for reducing

finfish bycatch in the penaeid shrimp

fishery.

EFFECTIVE DATE: April 21, 1997.