10514 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations

granting them now, transition relief

systems will be able to adjust their rates

to reflect the same inflation adjustment

that the Commission has granted all

other operators. Moreover, in the future,

all transition relief systems may join

other cable operators in making

inflation adjustments on an annual

basis, no earlier than October 1 of each

year and no later than August 31 of the

following year to reflect the final GNP–

PI through June 30 of the applicable

year.

Administrative Matters

Regulatory Flexibility Act Analysis

Pursuant to the Regulatory Flexibility

Act of 1980, 5 U.S.C. 601–612, the

Commission’s final analysis with

respect to the Ninth Order on

Reconsideration is as follows:

Need and purpose of this action. The

Commission, in compliance with

section 3 of the Cable Television

Consumer Protection and Competition

Act of 1992, 47 U.S.C. 543 (1992),

pertaining to rate regulation, adopts

revised rules and procedures intended

to ensure that cable services are offered

at reasonable rates with minimum

regulatory and administrative burdens

on cable entities.

Summary of issues raised by the

public in response to the Initial

Regulatory Flexibility Analysis. There

were no comments submitted in

response to the Initial Regulatory

Flexibility Analysis. The Chief Counsel

for Advocacy of the United States Small

Business Administration (SBA) filed

comments in the original rulemaking

order. The Commission addressed the

concerns raised by the Office of

Advocacy in the Report and Order and

Further Notice of Proposed Rulemaking.

Significant alternatives considered

and rejected. In the course of this

proceeding, petitioners representing

cable interests and franchising

authorities submitted several

alternatives aimed at minimizing

administrative burdens. The

Commission has attempted to

accommodate the concerns expressed by

these parties. In this order, the

Commission is providing relief to small

systems and low-price systems by

permitting them to adjust their

transition rates with an inflation

adjustment.

Paperwork Reduction Act

The requirements adopted herein

have been analyzed with respect to the

Paperwork Reduction Act of 1980 and

are found to impose a new information

collection requirement on the public.

Implementation of the new requirement

will be subject to approval by the Office

of Management and Budget.

Ordering Clauses

Accordingly, it is ordered that,

pursuant to sections 4(i), 4(j), 303(r),

612, 622(c) and 623 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j),

303(r), 532, 542(c) and 543, the rules,

requirements and policies discussed in

this Ninth Order on Reconsideration,

are adopted and part 76 of the

Commission’s rules, 47 CFR part 76, is

amended as set forth below.

It is further ordered that the Secretary

shall send a copy of this Order to the

Chief Counsel for Advocacy of the Small

Business Administration in accordance

with paragraph 603(a) of the Regulatory

Flexibility Act. Pub. L. No. 96–354, 94

Stat. 1164, 5 U.S.C. 601 et seq. (1981).

It is further ordered that the

requirements and regulations

established in this decision shall

become effective on April 1, 1995.

List of Subjects in 47 CFR Part 76

Cable television.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Title 47, Part 76 of the Code of

Federal Regulations is amended as

follows:

PART 76—CABLE TELEVISION

SERVICE

1. The authority citation for Part 76

continues to read as follows:

Authority: Secs. 2, 3, 4, 301, 303, 307, 308,

309, 48 Stat. as amended, 1064, 1065, 1066,

1081, 1082, 1083, 1084, 1085, 1101; 47 U.S.C.

Secs. 152, 153, 154, 301, 303, 307, 308, 309,

532, 535, 542, 543, 552 as amended, 106 Stat.

1460.

2. Section 76.922 is amended by

revising paragraph (d)(2) to read as

follows:

§ 76.922 Rates for the basic service tier

and cable programming service tiers.

* * * * *

(d) * * *

(2) Inflation Adjustments. The

residual component of a system’s

permitted charge may be adjusted

annually for inflation. The annual

inflation adjustment shall be based on

inflation occurring from June 30 of the

previous year to June 30 of the year in

which the inflation adjustment is made,

except that the first annual inflation

adjustment shall cover inflation from

September 30, 1993 until June 30 of the

year in which the inflation adjustment

is made. The adjustment may be made

after September 30, but no later than

August 31, of the next calendar year.

Adjustments shall be based on changes

in the Gross National Product Price

Index as published by the Bureau of

Economic Analysis of the United States

Department of Commerce. Cable

systems that establish a transition rate

pursuant to paragraph (b)(4) of this

section may not begin adjusting rates on

account of inflation before April 1,

1995. Between April 1, 1995 and August

31, 1995 cable systems that established

a transition rate may adjust their rates

to reflect the net of a 5.21% inflation

adjustment minus any inflation

adjustments they have already received.

Low price systems that had their March

31, 1994 rates above the benchmark, but

their full reduction rate below the

benchmark will be permitted to adjust

their rates to reflect the full 5.21%

inflation factor unless the rate reduction

was less than the inflation adjustment

received on an FCC Form 393 for rates

established prior to May 15, 1994. If the

rate reduction established by a low price

system that reduced its rate to the

benchmark was less than the inflation

adjustment received on an FCC Form

393, the system will be permitted to

receive the 5.21% inflation adjustment

minus the difference between the rate

reduction and the inflation adjustment

the system made on its FCC Form 393.

Cable systems that established a

transition rate may make future inflation

adjustments on an annual basis with all

other cable operators, no earlier than

October 1 of each year and no later than

August 31 of the following year to

reflect the final GNP–PI through June 30

of the applicable year.

* * * * *

[FR Doc. 95–4554 Filed 2–24–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 642

[Docket No. 940710–4292; I.D. 022195E]

Coastal Migratory Pelagic Resources

of the Gulf of Mexico and South

Atlantic; Closure of a Commercial

Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure of a commercial fishery

for king mackerel.

SUMMARY: NMFS closes the commercial

hook-and-line fishery for king mackerel
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Rules and Regulations 10515

in the exclusive economic zone (EEZ) in

the Florida west coast sub-zone. This

closure is necessary to protect the

overfished Gulf king mackerel resource.

EFFECTIVE DATE: February 22, 1995,

through June 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Mark F. Godcharles, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, bluefish) is

managed under the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP).

The FMP was prepared by the Gulf of

Mexico and South Atlantic Fishery

Management Councils (Councils) and is

implemented by regulations at 50 CFR

part 642 under the authority of the

Magnuson Fishery Conservation and

Management Act.

Catch limits recommended by the

Councils and implemented by NMFS for

the Gulf of Mexico migratory group of

king mackerel set the commercial quota

of king mackerel in the Florida west

coast sub-zone at 865,000 lb (392,357

kg). That quota was further divided into

two equal quotas of 432,500 lb (196,179

kg) for vessels in each of two groups by

gear types—vessels fishing with runaround gillnets and those using hookand-line gear. The quota for vessels

using hook-and-line gear was reached

and the commercial fishery for vessels

using such gear was closed December

20, 1994 (59 FR 66276, December 23,

1994). On February 1, 1995, the fishery

was reopened by an emergency interim

rule (60 FR 7134, February 7, 1995) that

revised the 1994–95 fishing year

commercial quota to 732,500 lb (332,256

kg) for vessels using hook-and-line gear

and imposed a daily possession/landing

limit of 125 king mackerel for such

vessels.

Under the provisions of the

emergency interim rule (50 CFR

642.32(c)), NMFS is required to close

the commercial fishery for king

mackerel for vessels using hook-andline gear in the Florida west coast subzone when the revised quota is reached,

or is projected to be reached, by

publishing notification in the Federal

Register. NMFS has determined that the

revised commercial quota of 732,500 lb

(332,256 kg) for Gulf group king

mackerel for vessels using hook-andline gear in the Florida west coast subzone was reached on February 21, 1995.

Hence, the commercial fishery for king

mackerel for such vessels in the Florida

west coast sub-zone is closed effective

12:01 a.m., local time, February 22,

1995, through June 30, 1995, the end of

the fishing year.

The Florida west coast sub-zone

extends from the Alabama/Florida

boundary (87°31′06′′ W. long.) to (1) the

Dade/Monroe County, Florida boundary

(25°20.4′ N. lat.) from November 1

through March 31; and (2) the Monroe/

Collier County, Florida boundary

(25°48′’ N. lat.) from April 1 through

October 31.

NMFS previously determined that the

commercial quota of king mackerel from

the western zone of the Gulf of Mexico

was reached and closed that segment of

the fishery on September 24, 1994 (59

FR 49356, September 28, 1994).

Subsequently, NMFS determined that

the commercial quota of king mackerel

for vessels using run-around gillnets in

the Florida west coast sub-zone of the

eastern zone of the Gulf of Mexico was

reached and closed that segment of the

fishery on February 3, 1995 (60 FR 7716,

February 9, 1995). Thus, with this

closure, all commercial fisheries for

king mackerel in the EEZ are closed

from the U.S./Mexico border through

the Florida west coast sub-zone through

June 30, 1995.

Except for a person aboard a charter

vessel, during the closure, no person

aboard a vessel permitted to fish under

a commercial allocation may fish for,

retain, or have in possession in the EEZ

Gulf group king mackerel from the

closed zones. A person aboard a charter

vessel may continue to fish for king

mackerel in the closed zones under the

bag limit set forth in § 642.24(a)(1)(i),

provided the vessel is under charter and

the vessel has an annual charter vessel

permit, as specified in § 642.4(a)(2). A

charter vessel with a permit to fish on

a commercial allocation is under charter

when it carries a passenger who fishes

for a fee or when there are more than

three persons aboard, including operator

and crew.

During the closure, king mackerel

from the closed zones taken in the EEZ,

including those harvested under the bag

limit, may not be purchased, bartered,

traded, or sold. This prohibition does

not apply to trade in king mackerel from

the closed zones that were harvested,

landed, and bartered, traded, or sold

prior to the closure and held in cold

storage by a dealer or processor.

Classification

This action is taken under 50 CFR

642.32(c) and is exempt from under E.O.

12866.

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

Dated: February 21, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–4651 Filed 2–21–95; 5:02 pm]

BILLING CODE 3510–22–F