40066 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 /Rules and Regulations

application of the relevant attribution

benchmark to the resulting product,

except that if the ownership percentage

for an interest in any link in the chain

exceeds 50 percent or represents actual

control, it shall be treated as if it were

a 100 percent interest.

(viii) Any person who manages the

operations of an applicant or licensee

pursuant to a management agreement

shall be considered to have an

attributable interest in such applicant or

licensee if such person, or its affiliate

pursuant to § 1.2110(b)(4) of this

chapter, has authority to make decisions

or otherwise engage in practices or

activities that determine, or significantly

influence:

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or

(C) The prices charged for such

services.

(ix) Any licensee or its affiliate who

enters into a joint marketing

arrangement with an applicant or

licensee, or its affiliate, shall be

considered to have an attributable

interest, if such applicant or licensee, or

its affiliate, has authority to make

decisions or otherwise engage in

practices or activities that determine, or

significantly influence,

(A) The nature or types of services

offered by such an applicant or licensee;

(B) The terms upon which such

services are offered; or

(C) The prices charged for such

services.

(d) A winning bidder that qualifies as

a small business or a consortium of

small businesses as defined in

§ 80.1252(b)(1) or § 80.1252(b)(5) of this

subpart may use the bidding credit

specified in § 1.2110(e)(2)(ii) of this

chapter. A winning bidder that qualifies

as a very small business or a consortium

of very small businesses as defined in

§ 80.1252(b)(2) or § 80.1252(b)(5) of this

subpart may use the bidding credit

specified in § 1.2110(e)(2)(i) of this

chapter.

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

15. The authority citation for part 90

continues to read as follows:

Authority: Secs. 4, 251–2, 303, 309, and

332, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 251–2, 303, 309 and 332, unless

otherwise noted.

§ 90.283 [Removed and Reserved]

16. Removed and reserve § 90.283.

[FR Doc. 98–19943 Filed 7–24–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 971015246–7293–02; I.D.

072098D]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for

Massachusetts

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the Commonwealth of

Massachusetts has been harvested.

Vessels issued a commercial Federal

fisheries permit for the summer

flounder fishery may not land summer

flounder in Massachusetts for the

remainder of calendar year 1998, unless

additional quota becomes available

through a transfer. Regulations

governing the summer flounder fishery

require publication of this document to

advise the Commonwealth of

Massachusetts that the quota has been

harvested and to advise vessel permit

holders and dealer permit holders that

no commercial quota is available for

landing summer flounder in

Massachusetts.

DATES: Effective 0001 hours, July 23,

1998, through December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Tom

Warren, Fishery Management Specialist,

(978) 281–9347.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned among the coastal states

from North Carolina through Maine. The

process to set the annual commercial

quota and the percent allocated to each

state are described in § 648.100.

The initial total commercial quota for

summer flounder for the 1998 calendar

year was set equal to 11,105,636 lb

(5,037,432 kg) (62 FR 66304, December

18, 1997). The percent allocated to

vessels landing summer flounder in

Massachusetts is 6.82046 percent, or

757,841 lb (343,751 kg).

Section 648.100(e)(4) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1997, a total of 745,171 lb (338,004 kg)

were landed in Massachusetts, creating

a 35,942 lb (16,303 kg) overage that was

deducted from the amount allocated for

landings in the Commonwealth during

1998 (63 FR 23227, April 28, 1998). The

resulting quota for Massachusetts is

721,899 lb (327,488 kg).

Section 648.101(b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor

state commercial quotas and to

determine when a state’s commercial

quota is harvested. The Regional

Administrator is further required to

publish a document in the Federal

Register advising a state and notifying

Federal vessel and dealer permit holders

that, effective upon a specific date, the

state’s commercial quota has been

harvested and no commercial quota is

available for landing summer flounder

in that state. The Regional

Administrator has determined, based

upon dealer reports and other available

information, that the Commonwealth of

Massachusetts has attained its quota for

1998.

The regulations at § 648.4(b) provide

that Federal permit holders agree as a

condition of the permit not to land

summer flounder in any state that the

Regional Administrator has determined

no longer has commercial quota

available. Therefore, effective 0001

hours July 23, 1998, further landings of

summer flounder in Massachusetts by

vessels holding commercial Federal

fisheries permits are prohibited for the

remainder of the 1998 calendar year,

unless additional quota becomes

available through a transfer and is

announced in the Federal Register.

Effective July 23, 1998, federally

permitted dealers are also advised that

they may not purchase summer flounder

from federally permitted vessels that

land in Massachusetts for the remainder

of the calendar year, or until additional

quota becomes available through a

transfer.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

E.O. 12866.

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

Dated: July 21, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–19975 Filed 7–22–98; 2:35 pm]

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