Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations 41201

such requests and charge accordingly.

Likewise, the Corporation will aggregate

multiple requests for documents

received from the same requester within

45 days.

(l) The Corporation reserves the right

to limit the number of copies that will

be provided of any document to any one

requester or to require that special

arrangements for duplication be made in

the case of bound volumes or other

records representing unusual problems

of handling or reproduction.

Dated: July 29, 1998.

Victor M. Fortuno,

General Counsel.

[FR Doc. 98–20643 Filed 7–31–98; 8:45 am]

BILLING CODE 7050–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 22, 24, 26, 27, 90 and 97

[ET Docket No. 96–2, FCC 98–140]

Arecibo Coordination Zone

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Memorandum Opinion

and Order (‘‘MO&O’’) clarifies the rules

regarding the Arecibo Radio Astronomy

Observatory (Observatory) Coordination

Zone that covers the islands of Puerto

Rico, Desecheo, Mona, Vieques, and

Culebra within the Commonwealth of

Puerto Rico (the Puerto Rican Islands).

This action will promote efficient

coordination between the Observatory

and service applicants in the

Coordination Zone.

EFFECTIVE DATE: September 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, Office of Engineering

and Technology, (202) 418–2452.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order, ET

Docket 96–2, FCC 98–140, adopted June

29, 1998, and released July 2, 1998. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW, Washington, DC, and also

may be purchased from the

Commission’s duplication contractor,

International Transcription Service,

(202) 857–3800, 1231 20th Street, NW

Washington, DC 20036.

Summary of the Memorandum Opinion

and Order

1. In the Report and Order (R&O), 62

FR 55525, October 27, 1997, in this

proceeding, we established a

Coordination Zone that covers the

Puerto Rican Islands. The policies that

we established regarding the

Coordination Zone require that: (1)

applicants for new radio facilities in

various communications services must

provide notification of their proposed

operations to the Observatory no later

than the time their license applications

are submitted to us; (2) applicants for

modified radio facilities in these

services must provide notification of

their proposed operations to the

Observatory no later than the time their

license applications are submitted to us,

but only if the modified facilities pose

an interference threat to the operations

of the Observatory; and (3) applicants

for new radio facilities in commercial

wireless services in which individual

station licenses are not issued must

provide notification of their proposed

operations to the Observatory at least 45

days in advance of their proposed

operations if their facilities pose an

interference threat to the operations of

the Observatory.

2. In the R&O, we provided the

Observatory 20 days to file comments

with us regarding each service

applicant’s potential for interference,

and applicants are responsible for

making reasonable efforts to

accommodate the interference concerns

of the Observatory. We did not establish

interference standards, but required the

operator of the Observatory—Cornell

University (Cornell)—to provide

interference guidelines to service

applicants so that applicants may

consider protection to the Observatory

in the early design phase of radio

facilities.

3. Puerto Rico Telephone Company

(PRTC) filed a petition for

reconsideration of the R&O, in which it

urges us to reconsider three aspects of

this decision. First, PRTC contends, we

have inappropriately left control of

interference standards to Cornell. PRTC

argues that we should establish specific

standards or, alternatively, require

Cornell to develop standards and submit

them to us for review. Second, PRTC

urges us to place restrictions on what

‘‘reasonable efforts’’ will be required to

satisfy Cornell in a given instance. PRTC

contends that the record in the

proceeding is not clear as to whether

even as significant a change to a

broadcast station’s operating parameters

as mandatory time-sharing of

frequencies with the Observatory would

be deemed ‘‘reasonable’’ by the

Commission. Finally, PRTC urges us to

reconsider our decision to apply

coordination filing requirements to

commercial wireless services for which

we award licenses for geographic

service areas but not for individual

operating facilities. PRTC argues that it

is inconsistent to create a duty to file

notifications with Cornell when such

licensees are not required to file any

information with us, and that the Notice

of Proposed Rule Making (NPRM), 61 FR

10709, March 15, 1996, in this

proceeding gave no notice that we were

considering creating such a duty.

4. As discussed in the R&O,

interference guidelines may

significantly lessen coordination

problems, and Cornell has pledged to

develop such guidelines. We are

convinced that a guideline approach is

preferable to a standards approach. We

find it efficient for Cornell to develop

guidelines because it has gained

expertise over many years through

informal coordination with service

applicants in the Coordination Zone.

We reiterate our statement in the R&O

that telecommunications service

providers in Puerto Rico provide highly

important services that must be

maintained. Further, we believe it is in

Cornell’s self-interest to develop

realistic guidelines so as to avoid

unnecessary disputes with service

applicants. Accordingly, we are

affirming our decision and requiring

Cornell to establish interference

guidelines for each service in the

Coordination Zone.

5. In the R&O, we stated that

‘‘reasonable efforts [to minimize

interference from various

telecommunications services to the

Observatory] will vary from case-tocase, dependent on the degree of harm

to the Observatory’s operations and the

extent of the change needed to prevent

such harm’’ and ‘‘to attempt to set forth

a general definition of the term

‘reasonable efforts’ is extremely

difficult, if not impossible.’’

Accordingly, we are denying PRTC’s

request to place general restrictions on

the types of reasonable efforts that will

be required of service applicants in the

Coordination Zone.

6. However, while what is reasonable

in each individual situation will vary,

we can alleviate PRTC’s specific

concern regarding time-sharing of

frequencies. As we stated in the R&O:

‘‘We also observe that adoption of a

Coordination Zone would neither

allocate additional spectrum for RAS

[Radio Astronomy Service] use, nor

provide the Observatory additional

rights to spectrum allocated to other

services.’’ Requiring service providers in

the Coordination Zone to time-share

spectrum with the Observatory would

provide it ‘‘additional rights to spectrum

allocated to other services.’’
41202 Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations

Accordingly, we are clarifying that

involuntary time-sharing of frequencies

between the Observatory and licensed

services will not be mandated. This

clarification does not prohibit voluntary

time-sharing arrangements between the

Observatory and a service provider.

7. The issue of including in the

Coordination Zone commercial wireless

services in which licensees do not

receive individual station licenses was

covered by our proposals in the NPRM

and was specifically addressed by

parties commenting on the NPRM.

Accordingly, adequate notice of this

issue was given.

8. With respect to the substantive

concerns raised by PRTC regarding this

issue, we stress that licensees of

commercial wireless services in which

licensees do not receive individual

station licenses are required to notify

the Observatory only when a new

transmitter may cause harmful

interference to the operations of the

Observatory. We will continue to rely

upon each operator to determine when

a transmitter may pose an interference

threat to the operations of the

Observatory. We note that operators in

these services must comply with the

notification requirements when new

transmitters are introduced. We cannot

exclude the possibility that in some

circumstances the introduction of a new

or modified transmitter in a

geographically-licensed service could

result in harmful interference to the

Observatory. Accordingly, we find that

in those circumstances notification to

the Observatory must take place. To

make this policy explicit in the rules,

we are adopting clarifying language for

parts 22, 24, 26, 27, and 90.

9. Finally, in the R&O, the amended

rules of part 97 inadvertently omitted

language specifying that a licensee is

required to make reasonable efforts to

resolve or mitigate any potential

interference problems with the

Observatory and that a licensee must

notify the Observatory of new or

modified facilities at least 20 days in

advance of planned operation.

Accordingly, we are adding that

language to part 97—see sections

97.203(h) and 97.205(h).

Final Regulatory Flexibility Analysis

10. Final Regulatory Flexibility

Certification. As required by Section

603 of the Regulatory Flexibility Act

(RFA), 5 U.S.C. 603, an Initial

Regulatory Flexibility Analysis (IRFA)

was incorporated in the NPRM. We

sought written comments on the

proposals in the NPRM, including the

IRFA. No commenting parties raised

issues specifically in response to the

IRFA, and a Final Regulatory Flexibility

Analysis was included in the R&O. The

rules adopted in this Memorandum

Opinion and Order (MO&O) provide

clarification of the rules adopted in the

R&O. We therefore certify pursuant to

section 605(b) of the RFA that the rules

adopted in the MO&O do not have a

significant economic impact on a

substantial number of small entities. We

shall provide a copy of this certification

to the Chief Counsel for Advocacy of the

SBA, and shall include it in the report

to Congress pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996.

List of Subjects

47 CFR Part 22

Communications common carriers,

Radio.

47 CFR Part 24

Personal communications services,

Radio.

47 CFR Part 26

General Wireless communications

service, Radio.

47 CFR Part 27

Wireless communications service,

Radio.

47 CFR Part 90

Land mobile, Radio.

47 CFR Part 97

Civil defense, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, parts 22, 24, 26, 27, 90 and

97 of Title 47 of the Code of Federal

Regulations are amended as follows:

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for part 22

continues to read as follows:

Authority: 47 U.S.C. 154, 222, 303, 309 and

332.

2. Section 22.369, is amended by

revising paragraphs (d)(1), (2) and (3) to

read as follows:

§ 22.369 Quiet zones and Arecibo

Coordination Zone.

* * * * *

(d) * * *

(1) Carriers planning to construct and

operate a new Public Mobile Services

station at a permanent fixed location on

the islands of Puerto Rico, Desecheo,

Mona, Vieques or Culebra in services in

which individual station licenses are

issued by the FCC; planning to construct

and operate a new Public Mobile

Services station at a permanent fixed

location on these islands that may cause

interference to the operations of the

Arecibo Observatory in services in

which individual station licenses are

not issued by the FCC; or planning a

modification of any existing Public

Mobile Services station at a permanent

fixed location on these islands that

would increase the likelihood of causing

interference to the operations of the

Arecibo Observatory must notify the

Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include identification of the

geographical coordinates of the antenna

location (NAD–83 datum), the antenna

height, antenna directivity (if any),

proposed channel and FCC rule part,

type of emission, and effective isotropic

radiated power.

(2) In services in which individual

station licenses are issued by the FCC,

the notification required in paragraph

(d)(1) of this section should be sent at

the same time the application is filed

with the FCC, and at least 20 days in

advance of the applicant’s planned

operation. The application must state

the date that notification in accordance

with paragraph (d)(1) was made. In

services in which individual station

licenses are not issued by the FCC, the

notification required in paragraph (d)(1)

of this section should be sent at least 45

days in advance of the applicant’s

planned operation. In the latter services,

the Interference Office must inform the

FCC of a notification by an applicant

within 20 days if the Office plans to file

comments or objections to the

notification. After the FCC receives an

application from a service applicant or

is informed by the Interference Office of

a notification from a service applicant,

the FCC will allow the Interference

Office a period of 20 days for comments

or objections in response to the

application or notification.

(3) If an objection to any planned

service operation is received during the

20-day period from the Interference

Office, the FCC will take whatever

action is deemed appropriate.
Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations 41203

PART 24—PERSONAL

COMMUNICATIONS SERVICES

3. The authority citation for part 24

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309, and 332.

4. Section 24.18 is revised to read as

follows:

§ 24.18 Notification to the Arecibo

Observatory.

(a) The requirements in this section

are intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques or

Culebra in services in which individual

station licenses are issued by the FCC;

planning to construct and operate a new

station at a permanent fixed location on

these islands that may cause

interference to the operations of the

Arecibo Observatory in services in

which individual station licenses are

not issued by the FCC; or planning a

modification of any existing station at a

permanent fixed location on these

islands that would increase the

likelihood of causing interference to the

operations of the Arecibo Observatory

must notify the Interference Office,

Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include identification of the

geographical coordinates of the antenna

location (NAD–83 datum), the antenna

height, antenna directivity (if any),

proposed channel and FCC Rule Part,

type of emission, and effective isotropic

radiated power.

(b) In services in which individual

station licenses are issued by the FCC,

the notification required in paragraph

(a) of this section should be sent at the

same time the application is filed with

the FCC, and at least 20 days in advance

of the applicant’s planned operation.

The application must state the date that

notification in accordance with

paragraph (a) was made. In services in

which individual station licenses are

not issued by the FCC, the notification

required in paragraph (a) of this section

should be sent at least 45 days in

advance of the applicant’s planned

operation. In the latter services, the

Interference Office must inform the FCC

of a notification by an applicant within

20 days if the Office plans to file

comments or objections to the

notification. After the FCC receives an

application from a service applicant or

is informed by the Interference Office of

a notification from a service applicant,

the FCC will allow the Interference

Office a period of 20 days for comments

or objections in response to the

application or notification.

(c) If an objection to any planned

service operation is received during the

20-day period from the Interference

Office, the FCC will take whatever

action is deemed appropriate.

PART 26—GENERAL WIRELESS

COMMUNICATIONS SERVICE

5. The authority citation for part 26

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

309, and 332, unless otherwise noted.

6. Section 26.105 is revised to read as

follows:

§ 26.105 Notification to the Arecibo

Observatory.

(a) The requirements in this section

are intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques or

Culebra in services in which individual

station licenses are issued by the FCC;

planning to construct and operate a new

station at a permanent fixed location on

these islands that may cause

interference to the operations of the

Arecibo Observatory in services in

which individual station licenses are

not issued by the FCC; or planning a

modification of any existing station at a

permanent fixed location on these

islands that would increase the

likelihood of causing interference to the

operations of the Arecibo Observatory

must notify the Interference Office,

Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include identification of the

geographical coordinates of the antenna

location (NAD–83 datum), the antenna

height, antenna directivity (if any),

proposed channel and FCC rule part,

type of emission, and effective isotropic

radiated power.

(b) In services in which individual

station licenses are issued by the FCC,

the notification required in paragraph

(a) of this section should be sent at the

same time the application is filed with

the FCC, and at least 20 days in advance

of the applicant’s planned operation.

The application must state the date that

notification in accordance with

paragraph (a) was made. In services in

which individual station licenses are

not issued by the FCC, the notification

required in paragraph (a) of this section

should be sent at least 45 days in

advance of the applicant’s planned

operation. In the latter services, the

Interference Office must inform the FCC

of a notification by an applicant within

20 days if the Office plans to file

comments or objections to the

notification. After the FCC receives an

application from a service applicant or

is informed by the Interference Office of

a notification from a service applicant,

the FCC will allow the Interference

Office a period of 20 days for comments

or objections in response to the

application or notification.

(c) If an objection to any planned

service operation is received during the

20-day period from the Interference

Office, the FCC will take whatever

action is deemed appropriate.

PART 27—WIRELESS

COMMUNICATIONS SERVICE

7. The authority citation for part 27

continues to read as follows:

Authority: 47 U.S.C. 154, 301, 302, 303,

307, 309, and 332, unless otherwise noted.

8. Section 27.62 is revised to read as

follows:

§ 27.62 Notification to the Arecibo

Observatory.

(a) The requirements in this section

are intended to minimize possible

interference at the Arecibo Observatory

in Puerto Rico. Licensees must make

reasonable efforts to protect the

Observatory from interference.

Licensees planning to construct and

operate a new station at a permanent

fixed location on the islands of Puerto

Rico, Desecheo, Mona, Vieques or

Culebra in services in which individual

station licenses are issued by the FCC;

planning to construct and operate a new

station at a permanent fixed location on

these islands that may cause

interference to the operations of the

Arecibo Observatory in services in

which individual station licenses are

not issued by the FCC; or planning a
41204 Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations

modification of any existing station at a

permanent fixed location on these

islands that would increase the

likelihood of causing interference to the

operations of the Arecibo Observatory

must notify the Interference Office,

Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include identification of the

geographical coordinates of the antenna

location (NAD–83 datum), the antenna

height, antenna directivity (if any),

proposed channel and FCC rule part,

type of emission, and effective isotropic

radiated power.

(b) In services in which individual

station licenses are issued by the FCC,

the notification required in paragraph

(a) of this section should be sent at the

same time the application is filed with

the FCC, and at least 20 days in advance

of the applicant’s planned operation.

The application must state the date that

notification in accordance with

paragraph (a) was made. In services in

which individual station licenses are

not issued by the FCC, the notification

required in paragraph (a) of this section

should be sent at least 45 days in

advance of the applicant’s planned

operation. In the latter services, the

Interference Office must inform the FCC

of a notification within 20 days if the

Office plans to file comments or

objections to the notification. After the

FCC receives an application from a

service applicant or is informed by the

Interference Office of a notification from

a service applicant, the FCC will allow

the Interference Office a period of 20

days for comments or objections in

response to the application or

notification.

(c) If an objection to any planned

service operation is received during the

20-day period from the Interference

Office, the FCC will take whatever

action is deemed appropriate.

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

9. 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.

10. Section 90.177 is amended by

revising paragraph (f) introductory text,

and paragraphs (f)(1) and (2) to read as

follows:

§ 90.177 Protection of certain radio

receiving locations.

* * * * *

(f) Licensees planning to construct

and operate a new station at a

permanent fixed location on the islands

of Puerto Rico, Desecheo, Mona,

Vieques or Culebra in services in which

individual station licenses are issued by

the FCC; planning to construct and

operate a new station at a permanent

fixed location on these islands that may

cause interference to the operations of

the Arecibo Observatory in services in

which individual station licenses are

not issued by the FCC; or planning a

modification of any existing station at a

permanent fixed location on these

islands that would increase the

likelihood of causing interference to the

operations of the Arecibo Observatory

must notify the Interference Office,

Arecibo Observatory, Post Office Box

995, Arecibo, Puerto Rico 00613, in

writing or electronically (e-mail address:

prcz@naic.edu), of the technical

parameters of the planned operation.

Carriers may wish to use the

interference guidelines provided by

Cornell University as guidance in

designing facilities to avoid interference

to the Observatory. The notification

must include identification of the

geographical coordinates of the antenna

location (NAD–83 datum), the antenna

height, antenna directivity (if any),

proposed channel and FCC Rule Part,

type of emission, and effective isotropic

radiated power.

(1) In services in which individual

station licenses are issued by the FCC,

the notification required in paragraph (f)

of this section should be sent at the

same time the application is filed with

the FCC, and at least 20 days in advance

of the applicant’s planned operation.

The application must state the date that

notification in accordance with

paragraph (f) was made. In services in

which individual station licenses are

not issued by the FCC, the notification

required in paragraph (f) of this section

should be sent at least 45 days in

advance of the applicant’s planned

operation. In the latter services, the

Interference Office must inform the FCC

of a notification within 20 days if the

Office plans to file comments or

objections to the notification.

(2) After the FCC receives an

application from a service applicant or

is informed by the Interference Office of

a notification from a service applicant,

the FCC will allow the Interference

Office a period of 20 days for comments

or objections in response to the

application or notification. The

applicant will be required to make

reasonable efforts in order to resolve or

mitigate any potential interference

problem with the Arecibo Observatory

and to file either an amendment to the

application or a modification

application, if appropriate. If the FCC

determines that an applicant has

satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, its

application may be granted.

* * * * *

PART 97—AMATEUR RADIO SERVICE

11. 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.

12. Section 97.203 is amended by

revising paragraph (h) introductory text,

and (h)(2) to read as follows:

§ 97.203 Beacon station.

* * * * *

(h) The provisions of this paragraph

do not apply to repeaters that transmit

on the 1.2 cm or shorter wavelength

bands. Before establishing a repeater

within 16 km (10 miles) of the Arecibo

Observatory or before changing the

transmitting frequency, transmitter

power, antenna height or directivity of

an existing repeater, the station licensee

must give notification thereof at least 20

days in advance of planned operation to

the Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Licensees

who choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) * * *

(2) If an objection to the proposed

operation is received by the FCC from

the Arecibo Observatory, Arecibo,

Puerto Rico, within 20 days from the

date of notification, the FCC will

consider all aspects of the problem and

take whatever action is deemed

appropriate. The licensee will be

required to make reasonable efforts in

order to resolve or mitigate any

potential interference problem with the

Arecibo Observatory.

13. Section 97.205 is amended by

revising paragraph (h) introductory text

and (h)(2) to read as follows:

§ 97.205 Repeater station.

* * * * *
Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations 41205

(h) The provisions of this paragraph

do not apply to repeaters that transmit

on the 1.2 cm or shorter wavelength

bands. Before establishing a repeater

within 16 km (10 miles) of the Arecibo

Observatory or before changing the

transmitting frequency, transmitter

power, antenna height or directivity of

an existing repeater, the station licensee

must give notification thereof at least 20

days in advance of planned operation to

the Interference Office, Arecibo

Observatory, Post Office Box 995,

Arecibo, Puerto Rico 00613, in writing

or electronically, of the technical

parameters of the proposal. Licensees

who choose to transmit information

electronically should e-mail to:

prcz@naic.edu

(1) * * *

(2) If an objection to the proposed

operation is received by the FCC from

the Arecibo Observatory, Arecibo,

Puerto Rico, within 20 days from the

date of notification, the FCC will

consider all aspects of the problem and

take whatever action is deemed

appropriate. The licensee will be

required to make reasonable efforts in

order to resolve or mitigate any

potential interference problem with the

Arecibo Observatory.

[FR Doc. 98–20528 Filed 7–31–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[I.D. 072398A]

North Atlantic Swordfish Fishery;

Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS has projected that the

driftnet directed fishery quota of 41.6

metric tons (mt) dressed weight (dw) for

the 1998 North Atlantic swordfish

season (opens August 1, 1998) will be

reached on or before August 12, 1998.

Consequently, NMFS closes the driftnet

directed fishery for the North Atlantic

swordfish management unit, effective

11:30 p.m. on August 14, 1998. All

swordfish must be offloaded by driftnet

vessels by the time of the closure.

DATES: The closure is effective at 11:30

p.m. local time on August 14, 1998.

FOR FURTHER INFORMATION CONTACT: Jill

Stevenson, (301) 713–2347.

SUPPLEMENTARY INFORMATION: The North

Atlantic swordfish fishery is managed

under the Fishery Management Plan for

Atlantic Swordfish and its

implementing regulations at 50 CFR part

630 under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.) and the Atlantic

Tunas Convention Act (ATCA) (16

U.S.C. 971 et seq.). Regulations issued

under the authority of ATCA carry out

the recommendations of International

Commission for the Conservation of

Atlantic Tunas.

The regulations governing the

Atlantic swordfish fisheries at 50 CFR

630.24 provide for a specified annual

quota to be landed by the driftnet

directed fishery. NMFS is required,

under § 630.25(a)(1), to monitor the

catch and landings statistics and, on the

basis of these statistics, to project a date

when the catch will equal the quota,

and to publish a Federal Register

document announcing the closure at

least 14 days in advance.

The North Atlantic swordfish driftnet

fishery was closed on December 5, 1996,

under an emergency rule to protect the

endangered northern right whale. That

fishery remained closed through

November 26, 1997, while NMFS

considered fishery management

alternatives to reduce bycatch in the

fishery and to address other fishery

management issues. On December 1,

1997 (62 FR 63467), NMFS

implemented a temporary time/area

closure under the authority of the

Endangered Species Act to avoid the

likelihood that this fishery would

jeopardize the continued existence of

the northern right whale. As a result of

these rulemakings, the driftnet fishery

has not operated in the North Atlantic

Ocean for swordfish since the summer

of 1996.

Closure of the Fishery

The average daily landings of

swordfish in the driftnet fishery in the

first semiannual season of 1996 were

greater than 14,000 lb dw (6.4 mt dw).

However, NMFS considered a number

of factors that are likely to slow the

daily catch rates in the 1998 fishery.

Based on previous landings and other

factors, it is expected that the driftnet

directed harvest quota of 41.6 mt dw for

the entire directed fishery (which opens

on August 1, 1998) would be reached on

or about August 12, 1998. To allow for

travel time from the fishing grounds and

time for offloading, NMFS announces

that the directed fishery for swordfish is

closed at 11:30 p.m. on August 14, 1998.

All vessels must be in port and

offloaded on or before this closing date.

This notice provides more than a 14 day

period during which swordfish vessel

owners can plan their fishing and sale

of landings prior to the closure

deadline.

During the closure of the directed

swordfish driftnet fishery, on board a

vessel using or having on board a

driftnet, a person may not fish for

swordfish from the north Atlantic stock,

and no more than 2 swordfish, caught

incidentally while fishing for other

species, may be possessed in the North

Atlantic Ocean, including the Gulf of

Mexico and Caribbean Sea, north of 5°

N. latitude, or landed in an Atlantic,

Gulf of Mexico, or Caribbean state.

Driftnets are not permitted for use in the

South Atlantic swordfish fishery.

Classification

This action is taken under 50 CFR

630.24 and 50 CFR 630.25 (a) and is

exempt from review under E.O. 12866.

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

Dated: July 28, 1998.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–20538 Filed 7–28–98; 4:33 pm]

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