Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34745

ACTION: Final rule.

SUMMARY: Action in this proceeding

allots UHF Television Channel 46 to

Antigo, Wisconsin, in response to a

petition filed by Robert J. Cox d/b/a

Native American Television. The

coordinates for Channel 46 at Antigo are

45–08–54 and 89–09–00. Canadian

concurrence has been obtained for this

allotment.

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 96–30,

adopted June 21, 1996, and released

June 28, 1996. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.606 [Amended]

2. Section 73.606(b), the Table of TV

Allotments under Wisconsin, is

amended by adding Antigo, Channel 46.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 96–16953 Filed 7–2–96; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1–277]

Organization and Delegation of Powers

and Duties; Delegation to the

Commandant, United States Coast

Guard

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation has delegated to the

Commandant, United States Coast

Guard, the authority contained in 14

U.S.C. 326 to remove an officer from

active duty, and the authority in 14

U.S.C. 256(b), to establish the promotion

zone for rear admiral (lower half). The

Code of Federal Regulations does not

reflect these delegations; therefore, a

change is necessary.

EFFECTIVE DATE: July 3, 1996.

FOR FURTHER INFORMATION CONTACT:

LCDR Michael Lehocky, Human

Resources Directorate, (202) 267–1664,

U.S. Coast Guard, 2100 Second Street,

SW., Washington, DC 20593; LCDR

Vincent DeLaurentis, Coast Guard

Personnel Command, (202) 267–2883,

U.S. Coast Guard, 2100 Second Street,

SW., Washington, DC 20593; or Ronald

Gordon, Executive Secretariat, (202)

366–9761, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section

256(b) of Title 14, U.S. Code contains

the Secretary’s authority to establish the

promotion zone for rear admirals. On

September 16, 1986, then Secretary

Elizabeth Dole delegated to the

Commandant, United States Coast

Guard, the Secretary’s authority under

14 U.S.C. 256(b) to establish the

promotion zone for rear admiral (lower

half) provided that all captains eligible

for consideration under the provisions

of section 257(a)(5), Title 14, U.S. Code

are placed in the zone. The necessary

changes to the Code of Federal

Regulations were never completed,

however, and the current CFR sections

relating to delegations still show this

authority reserved to the Secretary of

Transportation. (See 49 CFR 1.44(m)(3)).

Title 14, U.S. Code, sections 321, 322,

and 323 provide a three-board

(Determination Board, Board of Inquiry,

and Board of Review) process to

consider the record of a Coast Guard

officer whose performance is

substandard or whose record shows

moral or professional dereliction. If the

third board, the Board of Review,

recommends separation of the officer,

14 U.S.C. 326 requires that

recommendation to be forwarded to the

Secretary for final action. On January 6,

1987, then Secretary Elizabeth Dole

delegated the Secretary’s authority

under 14 U.S.C. 326 to the Commandant

of the Coast Guard. The necessary

changes to the Code of Federal

Regulations were never completed,

however, and the current CFR sections

relating to delegations still show this

authority reserved to the Secretary of

Transportation. (See 49 CFR 1.44(m)(4)).

This rule removes the reservations of

authority in section 1.44 and adds

specific delegations of authority to 49

CFR 1.46, thus amending the

codification to correctly reflect

secretarial delegations of authority to

the Commandant of the Coast Guard.

Since this amendment relates to

departmental management,

organization, procedure, and practice,

notice and comment on it are

unnecessary and it may be made

effective in fewer than 30 days after

publication in the Federal Register.

Therefore, this final rule is effective

upon publication in the Federal

Register.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

In consideration of the foregoing, Part

1 of Title 49, Code of Federal

Regulations, is amended to read as

follows:

PART 1—[AMENDED]

1. The authority citation for Part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub.L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

§ 1.44 [Amended]

2. Sections 1.44(m)(3) and 1.44(m)(4)

are removed and reserved.

§ 1.46 [Amended]

3. Section 1.46 is amended by adding

new paragraphs (aaa) and (bbb) to read

as follows:

§ 1.46 Delegations to Commandant of the

Coast Guard.

* * * * *

(aaa) Establish the promotion zone for

rear admiral (lower half), provided all

captains eligible for consideration under

the provisions of section 257(a)(5), Title

14, U.S. Code, are placed in the zone.

(bbb) Remove an officer from active

duty under section 326, Title 14, U.S.

Code.
34746 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Issued at Washington, DC, this 21st day of

June 1996.

Federico F. Pen ̃ a,

Secretary of Transportation.

[FR Doc. 96–16935 Filed 7–2–96; 8:45 am]

BILLING CODE 4910–62–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 960314073–6145–02; I.D.

030896E]

RIN 0648–AI23

Atlantic Swordfish Fishery; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correction to final regulation.

SUMMARY: This document contains a

correction to the final regulation (I.D.

030896E) that was published Friday,

May 31, 1996, (61 FR 27304). The final

rule amended the regulations governing

the Atlantic swordfish fishery by setting

the 1996 quotas, and adjusting the

minimum size.

EFFECTIVE DATE: July 3, 1996.

FOR FURTHER INFORMATION CONTACT:

Ronald G. Rinaldo or Rebecca Lent,

301–713–2347; fax: 301–713–0596.

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of this correction establishes, within the

1996 quota, the amount of set aside for

the harpoon segment of the fishery. In

§ 630.25, the first sentence of paragraph

(b) was revised to establish a 21,500 lb

(9,752 kg) dressed weight set aside for

the harpoon segment of the fishery

during the June 1 through November 30

semiannual period.

Need for Correction

As published, the final regulation

contains an error. In § 630.25, the

second sentence of paragraph (b) is

referenced instead of the first sentence

of paragraph (b).

Correction of Publication

Accordingly, the publication on May

31, 1996, of the final regulation (I.D.

030896E) that is the subject of FR Doc.

96–13690 is corrected as follows:

§ 630.25 [Corrected]

On page 27308, in the first column, in

amendatory instruction seven, ‘‘second’’

is corrected to read ‘‘first’’.

Dated: June 25, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 96–17053 Filed 7–2–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 697

[Docket No. 950605148–6180–03;I.D.

061296A]

RIN 0648–AH58

Atlantic Weakfish Fisheries; Exclusive

Economic Zone (EEZ) Moratorium Rule

Suspension

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: On February 16, 1996, the

U.S. District Court for the Eastern

District of Virginia, Norfolk Division,

vacated the Federal regulations for

Atlantic Coast weakfish in the EEZ.

NMFS has not enforced the regulations

since the court issued its order. In

accordance with the court’s order,

NMFS is suspending the regulations on

fishing for weakfish in the EEZ. The

suspension will remain in effect until

other regulations for weakfish are

implemented.

EFFECTIVE DATE: July 2, 1996.

FOR FURTHER INFORMATION CONTACT:

Richard H. Schaefer, Director, Office of

Fisheries Conservation and

Management, NMFS, 301–713–2334.

SUPPLEMENTARY INFORMATION: NMFS

implemented a final rule to impose a

moratorium on fishing for weakfish in

the EEZ (60 FR 58246, November 27,

1995). The regulations were

subsequently revised (61 FR 29321, June

10, 1996) although they are not

currently enforced. The rule was

implemented to support conservation

efforts developed through the Atlantic

States Marine Fisheries Commission’s

(Commission) Fishery Management Plan

for Weakfish (FMP).

On February 16, 1996, the U.S.

District Court for the Eastern District of

Virginia, Norfolk Division, ordered that

the final rule ‘‘is vacated and the

Secretary of Commerce and his

designees are hereby enjoined from

enforcing the Atlantic Coast Weakfish

Moratorium in the Exclusive Economic

Zone, promulgated at 60 FR 58245 (Nov.

27, 1995).’’

Upon the court’s ruling, fishermen

were immediately allowed to fish for

weakfish in the EEZ. Accordingly,

NMFS is suspending the Federal

regulations that imposed the

moratorium. The suspension will

remain in effect until replaced by other

regulations. NMFS is currently assessing

recent actions by the Commission and

will proceed with rulemaking if

appropriate.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

Because this rule implements a

February 16, 1996, court order to vacate

Federal regulations (60 FR 58246,

November 27, 1995) that imposed a

moratorium on fishing for Atlantic Coast

weakfish in the EEZ, the Assistant

Administrator for Fisheries (AA/F) for

good cause, under 5 U.S.C.(b)(B), waives

the requirement to provide prior notice

and an opportunity for public comment,

as such procedures are unnecessary.

Similarly, the AA/F, finds good cause

under 5 U.S.C. 553(d)(3) to waive the

30-day delay in the effective date.

List of Subjects in 50 CFR Part 697

Fisheries, Fishing.

Dated: June 27, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 697 is amended

as follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

1. The authority citation for part 697

continues to read as follows:

Authority: 16 U.S.C. 5101 et seq.

2. In § 697.6, paragraph (a) is

suspended.

[FR Doc. 96–17050 Filed 7–2–96; 8:45 am]

BILLING CODE 3510–22–F