Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29695

authorization during the trial period, it

must return the license to the

Commission at the end of the twelve

months.

24. A new Section 101.77 is added to

Subpart B to read as follows:

§ 101.77 Public Safety Licensees in the

1850–1990 and 2110–2200 MHz bands.

(a) Public safety facilities are subject

to the three-year voluntary and two-year

mandatory negotiation period. In order

for public safety licensees to qualify for

extended negotiation periods, the

department head responsible for system

oversight must certify to the ET licensee

requesting relocation that:

(1) The agency is a licensee in the

Police Radio, Fire Radio, Emergency

Medical, Special Emergency Radio

Services, or that it is a licensee of other

Part 101 facilities licensed on a primary

basis under the eligibility requirements

of Part 90, Subparts B and C of this

chapter; and

(2) The majority of communications

carried on the facilities at issue involve

safety of life and property.

(b) A public safety licensee must

provide certification within thirty (30)

days of a request from a ET licensee, or

the ET licensee may presume that

special treatment is inapplicable. If a

public safety licensee falsely certifies to

an ET licensee that it qualifies for the

extended time periods, this licensee will

be in violation of the Commission’s

rules and will subject to appropriate

penalties, as well as immediately

subject to the non-public safety time

periods.

25. A new Section 101.79 is added to

Subpart B to read as follows:

§ 101.79 Sunset provisions for licensees in

the 1850–1990 and 2110–2200 MHz bands.

(a) FMS licensees will maintain

primary status in the 1850–1990 and

2110–2200 MHz bands unless and until

an ET licensee requires use of the

spectrum. ET licensees are not required

to pay relocation costs after the

relocation rules sunset (i.e. ten years

after the voluntary period begins for the

first ET licensees in the service). Once

the relocation rules sunset, an ET

licensee may require the incumbent to

cease operations, provided that the ET

licensee intends to turn on a system

within interference range of the

incumbent, as determined by TIA

Bulletin 10–F or any standard successor.

ET licensee notification to the affected

FMS licensee must be in writing and

must provide the incumbent with no

less than six months to vacate the

spectrum. After the six-month notice

period has expired, the FMS licensee

must turn its license back into the

Commission, unless the parties have

entered into an agreement which allows

the FMS licensee to continue to operate

on a mutually agreed upon basis. (b) If the parties cannot agree on a

schedule or an alternative arrangement,

requests for extension will be accepted

and reviewed on a case-by-case basis.

The Commission will grant such

extensions only if the incumbent can

demonstrate that:

(1) It cannot relocate within the sixmonth period (e.g., because no

alternative spectrum or other reasonable

option is available), and; (2) The public interest would be

harmed if the incumbent is forced to

terminate operations (e.g., if public

safety communications services would

be disrupted). 26. A new Section 101.81 is added to

Subpart B to read as follows:

§ 101.81 Future licensing in the 1850–1990

and 2110–2200 MHz bands.

After April 25, 1996, all major

modifications and extensions to existing

FMS systems in the 1850–1990 and

2110–2200 MHz bands will be

authorized on a secondary basis to ET

systems. All other modifications will

render the modified FMS license

secondary to ET operations, unless the

incumbent affirmatively justifies

primary status and the incumbent FMS

licensee establishes that the

modification would not add to the

relocation costs of ET licensees.

Incumbent FMS licensees will maintain

primary status for the following

technical changes: (a) Decreases in power;

(b) Minor changes (increases or

decreases) in antenna height; (c) Minor location changes (up to two

seconds);

(d) Any data correction which does

not involve a change in the location of

an existing facility; (e) Reductions in authorized

bandwidth;

(f) Minor changes (increases or

decreases) in structure height; (g) Changes (increases or decreases) in

ground elevation that do not affect

centerline height; (h) Minor equipment changes.

27. Section 101.147 is amended by

adding references to note 20 in the

entries for frequency ranges 1,850–

1,990, 2,130–2,150, 2,150–2,160 and

2,180–2,200 MHz and revising note 20

to read as follows:

§ 101.147 Frequency assignments.

(a) * * *

1,850–1,990 MHz (20)

* * * * *

2,130–2,150 MHz (20) (22)

2,150–2,160 MHz (20), (22)

* * * * *

2,180–2,200 MHz (20), (22)

* * * * *

Notes

* * * * *

(20) New facilities in these bands will be

licensed only on a secondary basis. Facilities

licensed or applied for before January 16,

1992, are permitted to make modifications

and minor extensions in accordance with

§ 101.77 and still retain primary status.

* * * * *

(22) Frequencies in these bands are for the

exclusive use of Private Operational Fixed

Point-to-Point Microwave Service (Part 101).

[FR Doc. 96–14138 Filed 6–11–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 301

[Docket No. 960111003–6068–03; I.D.

060496A]

Pacific Halibut Fisheries; 1996 Halibut

Landing Report No. 2

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: In season action.

SUMMARY: The Assistant Administrator

for Fisheries, NOAA, on behalf of the

International Pacific Halibut

Commission (IPHC), publishes these

inseason actions pursuant to IPHC

regulations approved by the U.S.

Government to govern the Pacific

halibut fishery. This action is intended

to enhance the conservation of the

Pacific halibut stock.

EFFECTIVE DATES: Oregon sport halibut

season closure: 11:59 p.m. May 25, 1996

until May 26, 1996; Southwest

Washington coast sport halibut fishery

closure: 11:59 p.m., May 26, 1996 until

May 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Steven Pennoyer, 907-586-7221;

William W. Stelle, Jr., 206-526-6140; or

Donald McCaughran, 206-634-1838.

SUPPLEMENTARY INFORMATION: The IPHC,

under the Convention between the

United States of America and Canada

for the Preservation of the Halibut

Fishery of the Northern Pacific Ocean

and Bering Sea (signed at Ottawa,

Ontario, on March 2, 1953), as amended

by a Protocol Amending the Convention

(signed at Washington, DC, on March

29, 1979), has issued this inseason

action pursuant to IPHC regulations

governing the Pacific halibut fishery.
29696 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

The regulations have been approved by

NMFS (60 FR 14651, March 20, 1995,

and amended at 61 FR 11337, March 20,

1996). On behalf of the IPHC, this

inseason action is published in the

Federal Register to provide additional

notice of its effectiveness, and to inform

persons subject to the inseason action of

the restrictions and requirements

established therein.

In Season Action

1996 Halibut Landing Report No. 2

First Oregon Sport Halibut Season to

Close May 25

The preliminary catch estimate for the

1996 sport halibut fishery between Cape

Falcon (45°46°00’’ N. lat.) and the

Florence North Jetty (Siuslaw River,

44°01°08’’ N. lat.) indicates the 64,392

lb (29.20 metric tons (mt)) catch limit

will be reached on May 25. Therefore,

the sport halibut fishery in this area will

close at 11:59 p.m. on May 25.

Sport fishing for Pacific halibut will

reopen on May 26 and remain open

through August 1, 7 days a week, only

in the area inside the 30–fathom curve

nearest to the coastline as plotted on

National Ocean Service charts

numbered 18520, 18580, and 18600

from Cape Falcon to the Florence North

Jetty (Siuslaw River), or until 6,629 lb

(3.0 mt) are estimated to have been

taken and the season is closed by the

IPHC, whichever occurs first. Any

poundage remaining unharvested after

the earlier season will be added to this

season. The daily bag limit remains two

halibut per person, one with a minimum

overall size limit of 32 inches (81.28

centimeters (cm)) and the second with

a minimum overall size limit of 50

inches (127.0 cm).

First Southwest Washington Coast Sport

Halibut Fishery Season to Close May 26

The sport halibut fishery off the

Southwest Washington coast (Queets

River south to Leadbetter Point) will

reach the sub-quota of 14,222 lb at the

conclusion of fishing on Sunday, May

26. Therefore, the fishery will close at

11:59 p.m. on Sunday, May 26.

In accordance with the preseason

catch sharing plan developed by the

Pacific Fishery Management Council,

this fishery will immediately reopen on

Monday, May 27, only in the near-shore

area (south of the Queets River to

47°00°00’’ N. lat. and east of 124°40°00’’

W. long.), until the remaining quota of

about 1,000 pounds is reached. The

fishery will be open 7 days a week, with

a one fish bag limit and no minimum

size limit, until the remaining quota is

harvested and the season is closed by

the Commission or until September 30,

whichever occurs first.

Dated: June 4, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–14589 Filed 6–11–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 960129019–6019–01, I.D.

060696E]

Groundfish of the Bering Sea and

Aleutian Islands Area; Trawl Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery 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 bycatch allowance of

Pacific halibut apportioned to the trawl

rock sole/flathead sole/‘‘other flatfish’’

fishery category in the BSAI.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), June 8, 1996, until 12 noon,

A.l.t., July 1, 1996.

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 Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The second seasonal bycatch

allowance of Pacific halibut for the

BSAI trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category, which

is defined at § 675.21(b)(1)(iii)(B)(2),

was established by the Final 1996

Harvest Specifications of Groundfish (61

FR 4311, February 5, 1996) as 139

metric tons (mt). This fishery was

previously closed with the expectation

that the second seasonal allocation had

been taken (61 FR 16883, April 18,

1996), it was subsequently opened on

June 3, 1996, when NMFS determined

that 50 mt of halibut mortality remained

in the allocation (61 FR 28071, June 4,

1996).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(c)(1)(iii), that the second

seasonal bycatch allowance of Pacific

halibut apportioned to the trawl rock

sole/flathead sole/‘‘other flatfish’’

fishery in the BSAI has been caught.

Therefore, NMFS is prohibiting 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

for applicable gear types may be found

in the regulations at § 675.20(h).

Classification

This action is taken under 50 CFR

675.21 and is exempt from review under

E.O. 12866.

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

Dated: June 7, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 96–14925 Filed 6–7–96; 3:52 pm]

BILLING CODE 3510–22–F