Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations 36611

§ 95.655 [Amended]

182. Section 95.655, paragraph (a) is

amended by removing the term ‘‘type

accepted’’ each place it appears and

adding in its place ‘‘certificated’’, and

removing the term ‘‘type acceptance’’

and adding in its place ‘‘certification’’.

§ 95.665 [Amended]

183. The undesignated center heading

preceding § 95.665 is revised to read as

follows: ‘‘ADDITIONAL

CERTIFICATION REQUIREMENTS FOR

CB TRANSMITTERS.’’

§ 95.669 [Amended]

184. Section 95.669, paragraph (a)(1)

is amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

185. Section 95.851 is revised to read

as follows:

§ 95.851 Certification.

Each CTS and RTU transmitter must

be certificated for use in the IVDS in

accordance with subpart J of part 2 of

this chapter.

§ 95.857 [Amended]

186. Section 95.857, paragraph (c) is

amended by removing the term ‘‘type

acceptance’’ and adding in its place

‘‘certification’’.

PART 97—AMATEUR RADIO SERVICE

187. The authority citation for part 97

continues to read as follows:

Authority: 48 Stat. 1066, 1082, as

amended; 47 U.S.C. 154, 303. Interpret or

apply 48 Stat. 1064–1068, 1081–1105, as

amended; 47 U.S.C. 151–155, 301–609,

unless otherwise noted.

188. Section 97.315, the section

heading is revised to read as follows:

§ 97.315 Certification of external RF power

amplifiers.

Paragraphs (a), (b) and (c) are

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’, and

by removing the term ‘‘type accepted’’

each place it appears and adding in its

place ‘‘certificated’’. Paragraph (c) is

amended by removing the first sentence,

and by removing the term ‘‘on this list’’

and adding in its place ‘‘in the

Commission’s database’’.

189. Section 97.317, the section

heading is revised to read as follows:

§ 97.317 Standards for certification of

external RF power amplifiers.

Paragraphs (a), (b) and (c) are

amended by removing the term ‘‘type

acceptance’’ each place it appears and

adding in its place ‘‘certification’’.

PART 101—FIXED MICROWAVE

SERVICES

190. The authority citation for part

101 continues to read as follows:

Authority: 47 U.S.C. 154, 303.

§ 101.61 [Amended]

191. Section 101.61, paragraph

(c)(1)(i) is amended by removing the

term ‘‘type-accepted (or type-notified)’’

each place it appears and adding in its

place ‘‘certificated or verified.’’

§ 101.107 [Amended]

192. Section 101.107, footnote 4

following the table is amended by

removing the term ‘‘type accepted’’ and

adding in its place ‘‘authorized’’.

§ 101.133 [Amended]

193. Section 101.133, paragraph (a) is

amended by removing the term ‘‘typeaccepted’’ and adding in its place

‘‘certificated’’.

194. Section 101.139 is revised to read

as follows:

§ 101.139 Authorization of transmitters.

(a) Except for transmitters used at

developmental stations or for fixed

point-to-point operation pursuant to

subparts H and I of this part, each

transmitter must be a type which has

been certificated by the Commission for

use under the applicable rules of this

part. Transmitters used in the private

operational fixed and common carrier

fixed point-to-point microwave services

under subparts H and I of this part must

be of a type that has been verified for

compliance. Transmitters designed for

use in the 31.0 to 31.3 GHz band will

be authorized under the verification

procedure.

(b) Any manufacturer of a transmitter

to be produced for use under the rules

of this part may request certification or

obtain verification by following the

applicable procedures set forth in part 2

of this chapter.

(c) Certification for an individual

transmitter may also be requested by an

applicant for a station authorization,

pursuant to the procedures set forth in

part 2 of this chapter.

(d) A transmitter presently shown on

an instrument of authorization, which

operates on an assigned frequency in the

890–940 MHz band and has not been

certificated, may continue to be used by

the licensee without certification

provided such transmitter continues

otherwise to comply with the applicable

rules and regulations of the

Commission.

(e) Certification or verification is not

required for portable transmitters

operating with peak output power not

greater than 250 mW. If operation of

such equipment causes harmful

interference the FCC may, at its

discretion, require the licensee to take

such corrective action as is necessary to

eliminate the interference.

(f) After July 15, 1996, the

manufacturer (except for export) or

importation of equipment employing

digital modulation techniques in the

3700–4200, 5925–6425, 6525–6875,

10,550–10,680 and 10,700–11,700 MHz

bands must meet the minimum payload

capacity requirements of § 101.141.

§ 101.141 [Amended]

195. Section 101.141, paragraph (a)(2)

is amended by removing the term ‘‘type

accepted’’ and adding in its place

‘‘certificated’’.

§ 101.151 [Amended]

196. Section 101.151, paragraph (e) is

amended by removing the term ‘‘Typeaccepted’’ and adding in its place

‘‘Certificated’’.

[FR Doc. 98–17670 Filed 7–6–98; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[Docket No. 980629161–8161–01; I.D.

061798A]

RIN 0648–AL39

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Rescission of prohibition.

SUMMARY: NMFS issues this notification

announcing the rescission of the

prohibition of the use of aircraft to assist

fishing vessel operators in the location

and capture of Atlantic bluefin tuna

(BFT). This rescission is in compliance

with a June 10, 1998, Order of the

United States District Court for

Massachusetts (Court), which

overturned the regulations banning the

use of spotter planes in other than the

Purse Seine and Harpoon categories.

DATES: Effective June 10, 1998.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Mark Murray-Brown, 978–281–9260.

SUPPLEMENTARY INFORMATION: NMFS, in

accordance with the authority of the

Atlantic Tunas Convention Act (16
36612 Federal Register / Vol. 63, No. 129 /Tuesday, July 7, 1998 /Rules and Regulations

U.S.C. 971 et seq.), amended the

regulations found at 50 CFR Part 285

governing the harvest of BFT by persons

and vessels subject to U.S. jurisdiction

to prohibit the use of spotter aircraft in

assisting BFT vessels in other than the

Harpoon and Purse Seine categories (62

FR 38485, July 18, 1997).

In response to a lawsuit filed by the

Atlantic Fish Spotters Association, the

Court, on June 10, 1998, overturned the

prohibition on the use of spotter aircraft

in assisting BFT vessels in other than

the Harpoon and Purse Seine categories,

as codified in 50 CFR Part 285.

Therefore, consistent with the judicial

order, spotter aircraft may now assist

vessels in all categories, and the

prohibition at 50 CFR Part 285 is

rescinded.

Classification

This action is not significant for

purposes of review under E.O. 12866.

The Assistant Administrator for

Fisheries finds good cause under 5

U.S.C. 553(b)(B) to waive the

requirement to provide prior notice and

an opportunity for public comment as

such procedures are unnecessary. This

rule, which rescinds an existing rule, is

being issued pursuant to a court order

invalidating the existing rule. NMFS has

no discretion to consider alternatives to

the issuance of this rule implementing

the order. As such, prior notice and an

opportunity for public comment are

unnecessary because NMFS has no

authority to alter the provisions of this

rule. Because this action relieves a

restriction, under 5 U.S.C. 553(d)(1), it

is not subject to a delay in effective date.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: June 30, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285 is amended

to read as follows:

PART 285—ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

§ 285.31 [Amended]

2. In § 285.31, paragraph (a)(40) is

removed.

§ 285.33 [Amended]

3. In § 285.33, paragraph (b) is

removed and reserved.

[FR Doc. 98–17938 Filed 7–1–98; 3:39 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 971229312–7312–01; I.D.

062698A]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Trip Limit

Changes

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces changes to

the trip limits to the Pacific Coast

groundfish limited entry fishery for the

Sebastes complex south of Cape

Mendocino, to the coastwide open

access fisheries for widow rockfish,

canary rockfish, the Sebastes complex,

and lingcod, and to the open access

nontrawl sablefish fishery north of

36°00’ N. lat. In addition, closure of the

open access fishery for lingcod is

announced for August 1, 1998. Trip

limits for the Washington Coastal Treaty

tribes for canary rockfish and lingcod

also are announced. These actions,

which are authorized by the Pacific

Coast Groundfish Fishery Management

Plan (FMP), are intended to keep

landings within the 1998 harvest

guidelines (HGs) and allocations for

these species.

DATES: Effective 0001 hours local time

(l.t.) July 1, 1998, except the change to

the trip limit for the Sebastes complex

for limited entry trawl vessels in the

‘‘B’’ platoon becomes effective at 0001

hours l.t. July 16, 1998, and closure of

the open access lingcod fishery occurs

at 0001 hours on August 1, 1998. These

changes remain in effect, unless

modified, superceded or rescinded,

until the effective date of the 1999

annual specifications and management

measures for the Pacific Coast

groundfish fishery, which will be

published in the Federal Register.

Comments will be accepted through July

22, 1998.

ADDRESSES: Submit comments to

William Stelle, Jr., Administrator,

Northwest Region (Regional

Administrator), NMFS, 7600 Sand Point

Way NE., Bldg. 1, Seattle WA 98115–

0070; or William Hogarth,

Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT: Bill

Robinson, Northwest Region, NMFS,

206–526–6140; or Svein Fougner,

Southwest Region, NMFS, 526–980–

4040.

SUPPLEMENTARY INFORMATION: The

following changes to current

management measures were

recommended by the Pacific Fishery

Management Council (Council) at its

June 23–26, 1998, meeting in Seattle,

WA, in consultation with the States of

Washington, Oregon, and California.

Limited Entry Fishery

The Sebastes complex means all

rockfish managed by the FMP except

Pacific ocean perch, widow rockfish,

shortbelly rockfish, and shortspine and

longspine thornyheads.

Currently the Sebastes complex is

managed with 2-month cumulative trip

limits: 40,000 lb (18,144 kg) north of

Cape Mendocino and 150,000 lb (68,039

kg) south of Cape Mendocino. Within

the cumulative limits for the Sebastes

complex, no more than 13,000 lb (5897

kg) may be yellowtail rockfish north of

Cape Mendocino, no more than 2,000 lb

(907 kg) may be bocaccio south of Cape

Mendocino, and no more than 15,000 lb

(6,804 kg) may be canary rockfish

coastwide.

The best available information at the

June Council meeting indicated that the

4,677 mt limited entry allocation for the

Sebastes complex in the EurekaMonterey-Conception area would be

reached between August 27 and

September 18, 1998, if the rate of

landings is not curtailed. The Council

recommended that the current 2-month

cumulative trip limit of 150,000 lb

(68,039 kg) south of Cape Mendocino be

reduced to 40,000 lb (18,144 kg), the

same as north of Cape Mendocino,

which makes one, consistent coastwide

limit for the complex. The limited entry

limits for yellowtail rockfish, bocaccio,

and canary rockfish are not changed.

Open Access Fishery

Widow rockfish. Currently, the open

access fishery for widow rockfish is

managed by a 1-month cumulative trip

limit of 15,000 lb (6,804 kg), which is

half the limited entry 2-month

cumulative limit. The best available

information at the June Council meeting

indicated that the 158–mt open access

allocation would be reached between

August 2, 1998, and November 9, 1998,