Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32711

2. Section 95.803 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 95.803 IVDS description.

(a) An IVDS system is a point-tomultipoint, multipoint-to-point, short

distance communications service for its

licensees to provide information,

products, or services to, and allow

interactive responses from, subscribers

in the licensee’s service area.

(b) The components of each IVDS

system are its administrative apparatus,

its response transmitter units (RTUs),

and one or more cell transmitter stations

(CTSs). RTUs may be used in any

location within the service area. Each

IVDS system is authorized for a specific

service area and frequency segment.

There can be a maximum of two IVDS

systems per service area. There are two

frequency segments available for each

service area.

* * * * *

3. Section 95.805 is amended by

revising paragraphs (b), (c) and (e) to

read as follows:

§ 95.805 Permissible communications.

* * * * *

(b) Direct CTS-to-CTS

communications within the same IVDS

system are permitted.

(c) Direct RTU-to-RTU

communications are prohibited. No

mobile RTU in an IVDS system may be

interconnected with the public switched

network or any commercial mobile

radio service.

* * * * *

(e) An IVDS system may provide fixed

and mobile service to subscribers within

its service area.

* * * * *

4. Section 95.855 is amended by

revising paragraph (a) to read as follows:

§ 95.855 Transmitter effective radiated

power limitation.

(a) The effective radiated power (ERP)

of each CTS and RTU shall be limited

to the minimum necessary for

successful communications. RTUs with

powers in excess of 100 milliwatts must

incorporate automatic power control to

ensure the minimum ERP is used. No

CTS may transmit with an ERP

exceeding 20 watts. No fixed RTU may

transmit with an ERP exceeding 20

watts. No mobile RTU may transmit

with an ERP exceeding 100 milliwatts

mean power.

* * * * *

5. Section 95.863 is revised to read as

follows:

§ 95.863 Duty cycle.

(a) Except as provided in paragraph

(b) of this section, the maximum duty

cycle of each RTU, either fixed or

mobile, shall not exceed 5 seconds-perhour, or, alternatively, not exceed one

percent within any 100 millisecond

interval.

(b) The duty cycle limitation specified

above for RTUs does not apply in the

following situations:

(1) To fixed and mobile RTUs when

there is no TV channel 13 predicted

Grade B contour overlap in the licensed

service area; or

(2) To fixed RTUs in areas where

there is Grade B contour overlap and the

RTU is located outside the TV channel

13 predicted Grade B contour but within

the licensed service area.

[FR Doc. 96–16105 Filed 6–24–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 625

[Docket No. 960412110–6166–02; I.D.

030596E]

RIN 0648–AI93

Summer Flounder Fishery; 1996

Recreational Fishery Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues the final

specifications for the 1996 summer

flounder recreational fishery, including

no closed season, a possession limit of

eight fish per person and a minimum

fish size of 14 inches (35.6 cm). The

intent of this document is to comply

with implementing regulations for the

fishery that require NMFS to publish

measures for the upcoming fishing year

that will prevent overfishing of the

resource.

EFFECTIVE DATE: June 20, 1996.

ADDRESSES: Copies of the

Environmental Assessment and

supporting documents used by the

Monitoring Committee are available

from: Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 S. New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, (508) 281–9221.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder Fishery (FMP) was

developed jointly by the Mid-Atlantic

Fishery Management Council (Council)

and the Atlantic States Marine Fisheries

Commission (ASMFC), in consultation

with the New England and South

Atlantic Fishery Management Councils.

The management unit for the FMP is

summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the

Canadian border. Implementing

regulations for the fishery are found at

50 CFR part 625.

Section 625.20 outlines the process

for determining annual commercial and

recreational catch quotas and other

restrictions for the summer flounder

fishery. Pursuant to § 625.20, the

Director, Northeast Region, NMFS,

implements measures for the fishing

year to ensure achievement of the

fishing mortality rate specified in the

FMP. This document announces the

following measures pertaining to the

recreational fishery, which are

unchanged from the proposed measures

that were published in the Federal

Register on April 22, 1996 (61 FR

17682): (1) The continued elimination of

the closed season, (2) an individual

possession limit of 8 fish per person,

and (3) a minimum fish size of 14

inches (35.6 cm).

Comments and Responses

No comments were received during

the comment period concerning the

proposed measures.

Classification

This action is authorized by 50 CFR

part 625.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

When this rule was proposed, the

Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

action would not have a significant

economic impact on a substantial

number of small entities. The reasons

were published in the proposed rule

and are not repeated here. As such, a

Regulatory Flexibility Act analysis has

not been prepared.

The Assistant Administrator for

Fisheries, NOAA, finds that there is

good cause to waive the delayed

effectiveness of this rule under 5 U.S.C.

553(d)(3). As was noted in the proposed

rule, these measures should become

effective immediately as the season has
32712 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

already started and the increase in

possession limit eases a restriction.

Also, the final specifications for the

1996 summer flounder recreational

fishery could not be established when

the final 1996 specifications were

implemented because recreational catch

data for 1995 were not available for the

Summer Flounder Monitoring

Committee to evaluate the effectiveness

of the management measures in

attaining the 1995 harvest limit.

List of Subjects in 50 CFR Part 625

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: June 19, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 625 is amended

to read as follows:

PART 625—SUMMER FLOUNDER

FISHERY

1. The authority citation for part 625

continues to read as follows:

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

2. In § 625.25, in paragraph (a) the

first sentence is revised to read as

follows:

§ 625.25 Possession limit.

(a) No person shall possess more than

eight summer flounder in, or harvested

from, the EEZ unless that person is the

owner or operator of a fishing vessel

issued a moratorium permit under

§ 625.4. * * *

* * * * *

[FR Doc. 96–16170 Filed 6–20–96; 2:13pm]

BILLING CODE 3510–22–F