Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 /Rules and Regulations 20539

period of the Bureau Waiver Order and

the additional waivers granted within

the Order. The Payphone Orders

concluded that the primary economic

beneficiaries of a subscriber 800 and

access code call are the carriers that

carry the call. The Bureau Waiver Order

required that IXCs pay per-call

compensation during the coding digit

waiver period as required by the

Payphone Orders. During that period,

IXCs and their customers continued to

use payphones to make calls that must

be compensated pursuant to the

Payphone Orders and the Second Report

and Order. Moreover, IXCs already have

implemented surcharges for per-call

compensation and they would be

benefiting unreasonably if the Bureau

were to grant them a waiver of the

payphone compensation obligations so

that they do not have to pay per-call

compensation when payphone-specific

coding digits are not available.

27. In the Order, the Bureau denies

ITA’s petition for reconsideration of the

obligation to pay compensation during

the waiver period, and AirTouch’s

petition for waiver seeking similar

relief, both of which were filed in

response to the Bureau Waiver Order.

The Bureau also denies the requests of

ITA and AirTouch that they be granted

relief from the payment obligations of

the Payphone Order and the Second

Report and Order until they can block

calls. In denying AirTouch’s petition,

the Bureau notes that AirTouch has not

shown special circumstances or that a

waiver is in the public interest. The

Bureau also declined to reconsider, in

response to ITA’s Petition, its decision

in the Bureau Waiver Order to waive

payphone-specific coding digit

requirements while maintaining, and

not waiving, the per-call compensation

requirements during the waiver period.

28. Accordingly, pursuant to authority

contained in Sections 1, 4, 201–205,

218, 226, and 276 of the

Communications Act of 1934, as

amended, 47 U.S.C. 151, 154, 201–205,

218, 226, and 276, that the policies and

requirements set forth herein are

adopted.

29. It is further ordered that this Order

is effective immediately upon release

thereof, and that the waivers included

in this order are effective March 9, 1998.

30. It is further ordered that pursuant

to Section 203 of the Communications

Act, 47 U.S.C. 203, each of the LECs,

absent a waiver, shall FILE tariff

revisions to their interstate access tariffs

to reflect the availability of FLEX ANI

for IXCs for the purpose of payphone

compensation no later than March 31,

1998, with a scheduled effective date of

April 15, 1998, if FLEX ANI is available

for 25% or more of the smart payphones

in its service area. Thereafter, within the

waiver period it is granted in this order,

a LEC must file its tariff revision to

provide FLEX ANI to IXCs no later than

when it provides FLEX ANI to 25% or

more of the smart payphones in its

service area.

31. It is further ordered that pursuant

to Section 203 of the Communications

Act, 47 U.S.C. 203, each of the LECs

providing FLEX ANI shall FILE tariffs to

recover the cost of implementing FLEX

ANI as required herein no later than 30

days after full implementation of FLEX

ANI.

32. It is further ordered that LECs are

granted a waiver of Part 69 of the

Commission’s rules to develop a rate

element for recovery of costs incurred to

implement FLEX ANI from PSPs for the

requirements of this order to provide

FLEX ANI to IXCs.

33. It is further ordered that the ITA

Petition for Reconsideration and the

AirTouch Petition for Waiver of the

Bureau Waiver Order are denied.

34. It is further ordered that the

waiver requests of USTA, the LEC

Coalition, and TDS are granted to the

extent described herein, and otherwise

are denied.

Federal Communications Commission.

A. Richard Metzger, Jr.,

Chief, Common Carrier Bureau.

[FR Doc. 98–11163 Filed 4–24–98; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980415098–8098–01;

I.D.031998A]

RIN 0648–AK22

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Crustacean Fisheries; Vessel

Monitoring System; Harvest Guideline;

Closed Season

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement three management measures

governing the crustacean fisheries in the

Exclusive Economic Zone around

Hawaii. The first measure allows fishing

vessels in the Northwestern Hawaiian

Islands (NWHI) lobster fishery with

vessel monitoring system (VMS) units to

transit the prohibited Crustaceans

Permit Area 1 VMS Subarea while

returning to port following closure of

the fishery. Because these vessels are

under surveillance by NMFS, they are

allowed to traverse the permit subarea.

Lobster vessels without VMS units must

be outside the permit area when the

closure takes effect and be back in port

as specified by the Administrator,

Southwest Region, NMFS. The second

measure changes the deadline by which

NMFS must announce the NWHI lobster

harvest guideline for the following

fishing season from March 31 to

February 28. This action gives

fishermen additional lead time to

prepare their vessels for the lobster

season which opens on July 1. The third

measure, which pertains to the main

Hawaiian Islands crustacean fishery,

adds another month (May) to the

existing closed lobster season (June

through August), which makes Federal

regulations for the lobster closed season

consistent with the State of Hawaii’s

closed season for State waters. This rule

also contains a nonsubstantive

clarification of the definition of

Crustaceans Permit Area 1 VMS

Subarea.

DATES: Effective May 27, 1998.

ADDRESSES: Copies of background

material pertaining to this action may be

obtained from Kitty Simonds, Executive

Director, Western Pacific Fishery

Management Council (Council), 1164

Bishop St., Suite 1400, Honolulu, HI

96813, or Alvin Katekaru, Resource

Management Specialist, Pacific Islands

Area Office, Southwest Region, NMFS,

2570 Dole Street, Honolulu, HI 96822,

FOR FURTHER INFORMATION CONTACT:

Alvin Katekaru at (808) 973–2985 or

Kitty Simonds at (808) 522–8220.

SUPPLEMENTARY INFORMATION: Following

the 1997 NWHI lobster season, lobster

fishermen reviewed the program and

identified two issues that needed to be

addressed. First, the requirement that

VMS-carrying lobster vessels be outside

the Crustaceans Permit Area 1 VMS

Subarea when the fishery is closed (50

CFR 660.48), causes these vessels to take

an indirect route back to port adding

approximately 50 nautical miles to their

return trip. Second, fishermen also

requested more lead time to prepare (i.e,

purchase and outfit lobster traps) for the

lobster season and recommended that

NMFS announce the next season’s

harvest guideline no later than 90 days

following closure of the previous

season.

These issues were initially discussed

at the 92nd Council meeting held in

April 1997. In August 1997, at its 93rd
20540 Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 /Rules and Regulations

meeting, the Council requested that a

background document and proposed

regulations be prepared for its next

meeting. At its 94th meeting (November

1997), the Council heard fishermen

reiterate their concern that the existing

requirement of no transit through the

permit subarea increased the distance

traveled on their return to port and,

hence, increased fuel costs. The

fishermen also stated that only VMScarrying vessels should be exempt from

this requirement, because they are

under surveillance by NMFS

Enforcement and monitored for any

prohibited lobster fishing. With respect

to the issue of an early announcement

of the harvest guideline, fishermen

recommended that the announcement

be made no later than 90 days after the

end of each season. NMFS scientists

indicated that it was not feasible to

compile, verify, prepare for electronic

data processing, analyze lobster catch

data, and develop a harvest guideline

within 90 days. However, 180 days

appeared to be reasonable. Currently,

NMFS is required to publish the harvest

guideline in the Federal Register by

March 31 each year (50 CFR 660.50).

The Council believed that a February 28

deadline for the harvest guideline

announcement would provide

fishermen adequate time to prepare for

the coming season and would provide

NMFS with adequate time to calculate

the guideline.

The Council also discussed the State

of Hawaii’s administrative rule which

currently prohibits lobster fishing in

State waters from May through August.

Current regulations implementing the

Fishery Management Plan for the

Crustacean Fisheries of the Western

Pacific Region prohibit lobster fishing in

Federal waters off the main Hawaiian

islands from June through August (50

CFR 660.45), which is inconsistent with

the State’s closed season and poses

potential enforcement problems for the

State. The Hawaii Division of Aquatic

Resources requested that the Federal

and State closed lobster season off the

main Hawaiian Islands be made

consistent.

Based on the discussions, the Council

voted to request that NMFS initiate final

rulemaking under framework

procedures to adjust established

management measures governing the

NWHI lobster VMS requirements, the

harvest guideline program, and the main

Hawaiian Islands lobster closed season.

NMFS has approved the Council’s

request for the three actions mentioned

above. The revision to the definition for

Crustacean Permit Area 1 VMS Subarea

does not make a substantive change, but

merely clarifies the description of the

outer boundary of the Subarea.

Classification

The Assistant Administrator, for good

cause, finds under 5 U.S.C. 553(b) that

prior notice and opportunity for public

comment for this rule is unnecessary.

There has been substantial opportunity

for public comment on this rule, and,

opportunity for additional public

comment would serve no useful

purpose. This action has received

review during numerous public

meetings under a review process at 50

CFR 660.53(c). It was discussed by the

Council at three meetings (April 25,

August 19, November 12, 1997);

Crustacean Plan Team (July 1997);

Scientific and Statistical Committee

(August 1997); and by industry at an

informal meeting (September 18, 1997).

This final rule has been determined to

be not significant for purposes of E.O.

12866.

Because prior notice and opportunity

for public comment are not required for

this rule by 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act are

applicable.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: April 20, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is amended

as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

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

2. In § 660.12, the definition of

‘‘Crustaceans Permit Area 1 VMS

Subarea’’ is revised to read as follows :

§ 660.12 Definitions.

* * * * *

Crustaceans Permit Area 1 VMS

Subarea means an area within the EEZ

off the NWHI 50 nm from the center

geographical positions of the islands

and reefs in the NWHI as follows: Nihoa

Island 23°05’ N. lat., 161°55’ W. long.;

Necker Island 23°35’ N. lat., 164°40’ W.

long.; French Frigate Shoals 23°45’ N.

lat., 166°15’ W. long; Garner Pinnacles

25°00’ N. lat., 168°00’ W. long.; Maro

Reef 25°25’ N. lat., 170°35’ W. long.;

Laysan Island 25°45’ N. lat., 171°45’ W.

long; Lisianski Island 26°00’ N. lat.,

173°55’ W. long.; Pearl and Hermes Reef

27°50’ N. lat., 175°50’ W. long.; Midway

Islands 28°14’ N. lat., 177°22’ W. long.;

and Kure Island 28°25’ N. lat., 178°20’

W. long. The remainder of the VMS

subarea is delimited by parallel lines

tangent to and connecting the 50–nm

areas around the following: from Nihoa

Island to Necker Island; from French

Frigate Shoals to Gardner Pinnacles;

from Gardner Pinnacles to Maro Reef;

from Laysan Island to Lisianski Island;

and from Lisianski Island to Pearl and

Hermes Reef,

* * * * *

3. In § 660.42, paragraphs (a)(9) and

(b)(5) are revised to read as follows:

§ 660.42 Prohibitions.

* * * * *

(a) * * *

(9) Possess on a fishing vessel that has

a limited access permit issued under

this subpart any lobster trap in

Crustaceans Permit Area 1 VMS Subarea

when fishing for lobsters is prohibited

as specified in §§ 660.45(a), 660.50,

660.51, and 660.52, except as allowed

under § 660.48(a)(8).

* * * * *

(b) * * *

(5) Possess on a fishing vessel that has

a permit for Permit Area 2 issued under

this subpart any lobster trap in Permit

Area 2 when fishing for lobster in the

main Hawaiian Islands is prohibited

during the months of May, June, July,

and August.

4. In § 660.45, paragraph (b) is revised

to read as follows:

§ 660.45 Closed seasons.

* * * * *

(b) Lobster fishing is prohibited in

Permit Area 2 during the months of

May, June, July, and August.

5. In § 660.48, paragraph (a)(7) is

revised, paragraph (a)(8) is redesignated

as (a)(9) and new paragraph (a)(8) is

added to read as follows:

§ 660.48 Gear restrictions.

(a) * * *

(7) A vessel whose owner has a

limited access permit issued under this

subpart and has an operating VMS unit

certified by the NMFS may enter

Crustaceans Permit Area 1 with lobster

traps on board on or after June 25, but

must remain outside the Crustaceans

Permit Area 1 VMS Subarea until the

NWHI lobster season opens on July 1.
Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 /Rules and Regulations 20541

(8) A vessel whose owner has a

limited access permit issued under this

subpart and has an operating VMS unit

certified by the NMFS may transit the

Crustaceans Permit Area 1, including

the Crustaceans Permit Area 1 VMS

Subarea, with lobster traps on board for

the purpose of returning to port

following the closure date, as specified

in § 660.50, providing the vessel does

not stop and is making steady progress

back to port as determined by NMFS.

* * * * *

6. In § 660.50, paragraph (b)(2) is

revised to read as follows:

§ 660.50 Harvest limitation program.

* * * * *

(b) * * *

(2) NMFS shall publish a document

indicating the annual harvest guideline

in the Federal Register by February 28

of each year and shall use other means

to notify permit holders of the harvest

guideline for the year.

* * * * *

[FR Doc. 98–11017 Filed 4–24–98; 8:45]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208298–8055–02; I.D.

042198A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bering Sea and Aleutian

Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

second seasonal apportionment of the

1998 Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 21, 1998, until 1200

hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(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 H of 50 CFR part 600 and 50

CFR part 679.

The second seasonal apportionment

of the prohibited species bycatch

mortality allowance of halibut for the

BSAI trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category, which

is defined at § 679.21(e)(4)(iv)(B)(2), was

established as 120 mt by the Final 1998

Harvest Specifications of Groundfish for

the BSAI (63 FR 12689, March 16,

1998).

In accordance with § 679.21(e)(8)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 1998 halibut

bycatch allowance specified for the

trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery in the BSAI has been

caught. Consequently, the Regional

Administrator is closing directed fishing

for species in the rock sole/flathead

sole/‘‘other flatfish’’ fishery category by

vessels using trawl gear in the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

exceeding the second seasonal

apportionment of the 1998 Pacific

halibut bycatch allowance specified for

the trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery category. Providing

prior notice and an opportunity for

public comment on this action is

impracticable and contrary to the public

interest. The fleet will soon take the

apportionment. Further delay would

only result in the second seasonal

apportionment of the 1998 Pacific

halibut bycatch allowance being

exceeded and disrupt the FMP’s

objective of limiting trawl Pacific

halibut mortality. NMFS finds for good

cause that the implementation of this

action cannot be delayed for 30 days.

Accordingly, under U.S.C. 553(d), a

delay in the effective date is hereby

waived.

This action is required by § 679.21

and is exempt from review under E.O.

12866.

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

Dated: April 21, 1998.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–11016 Filed 4–21–98; 4:42 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971208297–8054–02; I.D.

042098A]

Fisheries of the Economic Exclusive

Zone Off Alaska; Deep-water Species

Fishery by Vessels Using Trawl Gear in

the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the second seasonal bycatch allowance

of Pacific halibut apportioned to the

deep-water species fishery in the GOA

has been caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 21, 1998, until 1200

hrs, A.l.t., July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Fishing by U.S.

vessels is governed by regulations

implementing the FMP at subpart H of

50 CFR part 600 and 50 CFR part 679.

The prohibited species bycatch

mortality allowance of Pacific halibut

for the GOA trawl deep-water species

fishery, which is defined at

§ 679.21(d)(3)(iii)(B), was established by

the Final 1998 Harvest Specifications of

Groundfish for the GOA (63 FR 12027,

March 12, 1998) for the second season,