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                                                                           Vol. 65   No. 165                                   Aug. 24, 2000
                                                                           Pages 51515–51746




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                                                                                                                                                   1
II                                Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000




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                                                                                                                                                                    2
                                                                                                                                                      III

Contents                                                                          Federal Register
                                                                                  Vol. 65, No. 165

                                                                                  Thursday, August 24, 2000



Agriculture Department                                                            See National Institute of Standards and Technology
See Animal and Plant Health Inspection Service                                    See National Oceanic and Atmospheric Administration
See Farm Service Agency
See Forest Service                                                                Commodity Futures Trading Commission
                                                                                  RULES
Air Force Department                                                              Commodity Exchange Act:
NOTICES                                                                             Futures commission merchants and introducing brokers;
Agency information collection activities:                                               minimum financial requirements
  Proposed collection; comment request, 51593–51594                                   Subordination agreements; net capital treatment,
Patent licenses; non-exclusive, exclusive, or partially                                   51529–51532
    exclusive:
  Powdermet Inc., 51594                                                           Comptroller of the Currency
                                                                                  NOTICES
Animal and Plant Health Inspection Service                                        Agency information collection activities:
RULES                                                                              Submission for OMB review; comment request, 51645–
Exportation and importation of animals and animal                                      51646
    products:
  Bovine spongiform encephalopathy; disease status                                Defense Department
       change—                                                                    See Air Force Department
    Denmark, 51518–51519                                                          See Army Department
Plant-related quarantine, domestic:                                               See Engineers Corps
  Fire ant, imported, 51516–51517
  Mexican fruit fly, 51515–51516                                                  Emergency Oil and Gas Guaranteed Loan Board
  Oriental fruit fly, 51515                                                       RULES
  Pine shoot beetle, 51517–51518                                                  Emergency Oil and Gas Guaranteed Loan Program;
                                                                                     implementation:
Army Department                                                                    Financial statements, 51522
See Engineers Corps
NOTICES
                                                                                  Emergency Steel Guarantee Loan Board
Patent licenses; non-exclusive, exclusive, or partially
                                                                                  RULES
    exclusive:
                                                                                  Emergency Steel Guarantee Loan Program; implementation:
  Alphavirus immune individuals, overcoming
                                                                                   Unguaranteed tranche participation, 51521–51522
       interference, 51594
  Deglycosylated ricin toxin A-chain vaccine, 51594                               Energy Department
  Protective monoclonal antibody against botulinum                                See Federal Energy Regulatory Commission
       neurotoxin serotype F, 51595
  Retinal pathology and spinal cord injury; treatment or                          Engineers Corps
       prophylaxis, 51595                                                         NOTICES
  Self-piercing pulse oximeter sensor assembly, 51595                             Environmental statements; notice of intent:
Arts and Humanities, National Foundation                                            Lake Greeson, Lake Ouachita, and DeGray Lake, AR;
See National Foundation on the Arts and the Humanities                                  operation and maintenance activities, 51595–51596

Centers for Disease Control and Prevention                                        Environmental Protection Agency
NOTICES                                                                           RULES
Agency information collection activities:                                         Pesticides; tolerances in food, animal feeds, and raw
 Submission for OMB review; comment request, 51619–                                   agricultural commodities:
     51621                                                                          Dimethenamid, 51544–51552
                                                                                  PROPOSED RULES
Coast Guard                                                                       Air quality implementation plans; approval and
RULES                                                                                 promulgation; various States:
Drawbridge operations:                                                              Missouri, 51564–51566
  New York, 51538–51539                                                           Superfund program:
Ports and waterways safety:                                                         National oil and hazardous substances contingency
  Chelsea River, MA; safety zone, 51540–51542                                           plan—
  Chesapeake Bay, VA; safety zone, 51539–51540                                        National priorities list update, 51567–51572
NOTICES                                                                           NOTICES
Meetings:                                                                         Meetings:
 Chemical Transportation Advisory Committee, 51635–                                 Microbial and Disinfectants/Disinfection Byproducts
      51636                                                                              Advisory Committee, 51608
                                                                                  Pesticide, food, and feed additive petitions:
Commerce Department                                                                 American Cyanamid Co., 51608–51612
See International Trade Administration                                              Rohm & Haas Co., 51612–51616


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IV                         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Contents


Superfund; response and remedial actions, proposed                                  Hydroelectric applications, 51605–51607
    settlements, etc.:                                                              Meetings:
  John P. Saad Site, TN, 51616                                                       Interstate natural gas facility-planning seminar, 51607–
  Lakeland Disposal Service, Inc., Site, IN, 51616–51617                                  51608
                                                                                    Applications, hearings, determinations, etc.:
Farm Service Agency                                                                  Columbia Gas Transmission Corp., 51596
NOTICES                                                                              Columbia Gulf Transmission Co., 51596–51597
Committees; establishment, renewal, termination, etc.:                               Cove Point LNG L.P., 51597
  Beginning Farmers and Ranchers Advisory Committee,                                 El Paso Natural Gas Co., 51597–51599
      51588                                                                          Green Valley Hydro, LLC, 51599
                                                                                     Koch Gateway Pipeline Co., 51599
Federal Aviation Administration                                                      Maine Public Utilities Commission, 51599–51600
RULES                                                                                National Fuel Gas Distribution Corp., 51600
Air carrier certification and operations:                                            Natural Gas Pipeline Co. of America, 51600
  Airbus airplanes; digital flight data recorder                                     Northern Natural Gas Co., 51600
      requirements; revisions, 51741–51746                                           NUI Corp., 51601
Class D and Class E airspace, 51522–51523                                            NYSD L.P. et al., 51601–51602
Class E airspace, 51523–51524                                                        OneOk Caprock Pipeline Co. et al., 51602
Standard instrument approach procedures, 51524–51529                                 Pacific Interstate Offshore Co., 51602–51603
PROPOSED RULES                                                                       Ultramar Diamond Shamrock Corp. et al., 51603
Airworthiness directives:
  Airbus, 51560–51562                                                               Federal Highway Administration
  Raytheon, 51562–51564                                                             RULES
NOTICES                                                                             Transportation Equity Act for 21st Century;
Grants and cooperative agreements; availability, etc.:                                  implementation:
  General Aviation Center of Excellence, 51636–51637                                  Open container laws, 51532–51538
Meetings:
  Aviation Rulemaking Advisory Committee, 51637–51638                               Federal Railroad Administration
Passenger facility charges; applications, etc.:                                     NOTICES
  Central Illinois Regional Airport, IL, 51638                                      Meetings:
  Jack McNamara Field, CA, 51638–51639                                               Railroad Safety Advisory Committee, 51640–51641
  T.F. Green State Airport, RI, 51639–51640
Reports and guidance documents; availability, etc.:                                 Federal Reserve System
  Aviation Noise Abatement Policy; revision; comment                                RULES
       request, 51640                                                               Credit by brokers and dealers (Regulation T):
                                                                                      Foreign margin stocks list, 51519–51521
Federal Communications Commission                                                   NOTICES
RULES                                                                               Formations, acquisitions, and mergers, 51618–51619
Radio stations; table of assignments:
  Various States, 51552–51553                                                       Fish and Wildlife Service
  Wyoming, 51552                                                                    RULES
PROPOSED RULES                                                                      Alaska National Interest Lands Conservation Act; Title VIII
Common carrier services:                                                                implementation (subsistence priority):
  Tariffs—                                                                            Kuskokwim River drainage, Redoubt Lake, and Yukon
    National Exchange Carrier Association, Inc.; access                                   River drainage; emergency closures and adjustments,
         tariffs participation changes; notice period                                     51542–51544
         shortened, 51572–51575                                                     PROPOSED RULES
Radio stations; table of assignments:                                               Alaska National Interest Lands Conservation Act; Title VIII
  Michigan, 51576–51577                                                                 implementation (subsistence priority):
  Nevada, 51575                                                                       Wildlife; 2001-2002 subsistence taking, 51647–51690
  New Hampshire, 51577                                                              Endangered and threatened species:
  Vermont, 51575–51576                                                                Critical habitat designations—
NOTICES                                                                                 Spectacled eider and Steller’s eider, 51577–51578
Agency information collection activities:                                             Findings on petitions, etc.—
 Submission for OMB review; comment request, 51617–                                     Western sage grouse, 51578–51584
     51618                                                                          NOTICES
                                                                                    Endangered and threatened species permit applications,
Federal Deposit Insurance Corporation                                                   51625
NOTICES                                                                             Marine mammal permit applications, 51625
Agency information collection activities:                                           Meetings:
 Submission for OMB review; comment request, 51645–                                   Atlantic Coastal Fisheries Cooperative Management Act
     51646                                                                                Coordination Committee, 51625–51626

Federal Energy Regulatory Commission                                                Food and Drug Administration
NOTICES                                                                             RULES
Electric rate and corporate regulation filings:                                     Medical devices:
  Hartford Power Sales, L.L.C., et al., 51603–51605                                  American Society for Testing and Materials; amendments
Environmental statements; availability, etc.:                                            to reflect current citations
  Duke Power Co., 51605                                                                Correction, 51532


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                         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Contents                                                   V

NOTICES                                                                           Minerals Management Service
Harmonisation International Conference; guidelines                                NOTICES
   availability:                                                                  Royalty management:
 M4 Common Technical Document, 51621–51624                                          Federal crude oil from Gulf of Mexico; bid invitations,
Meetings:                                                                               51626–51627
 Oncologic Drugs Advisory Committee, 51624
                                                                                  Mine Safety and Health Administration
Forest Service                                                                    NOTICES
RULES                                                                             Agency information collection activities:
Alaska National Interest Lands Conservation Act; Title VIII                        Proposed collection; comment request, 51629–51630
    implementation (subsistence priority):
  Kuskokwim River drainage, Redoubt Lake, and Yukon                               National Aeronautics and Space Administration
      River drainage; emergency closures and adjustments,                         NOTICES
      51542–51544                                                                 Inventions, Government-owned; availability for licensing,
PROPOSED RULES                                                                        51630–51632
Alaska National Interest Lands Conservation Act; Title VIII                       Meetings:
    implementation (subsistence priority):                                          Advisory Council
  Wildlife; 2001-2002 subsistence taking, 51647–51690                                 Task Forces, 51632
                                                                                  Patent licenses; non-exclusive, exclusive or partially
Health and Human Services Department                                                  exclusive:
See Centers for Disease Control and Prevention                                      Phoenix Systems International, Inc., 51632
See Food and Drug Administration
                                                                                  National Foundation on the Arts and the Humanities
Housing and Urban Development Department                                          NOTICES
NOTICES                                                                           Meetings; Sunshine Act, 51632–51633
Agency information collection activities:
 Proposed collection; comment request, 51624                                      National Highway Traffic Safety Administration
                                                                                  RULES
Interior Department                                                               Transportation Equity Act for 21st Century;
See Fish and Wildlife Service                                                         implementation:
See Land Management Bureau                                                          Open container laws, 51532–51538
See Minerals Management Service
See Reclamation Bureau                                                            National Institute of Standards and Technology
                                                                                  NOTICES

International Trade Administration                                                Meetings:
NOTICES
                                                                                   International Organization of Legal Metrology, U.S
North American Free Trade Agreement (NAFTA);                                            technical participation in 11th Quadrennial
    binational panel reviews:                                                           Conference, 51589–51590
 Refrigerators, dishwashers, and laundry dryers from—
                                                                                  National Oceanic and Atmospheric Administration
    United States, 51588–51589
                                                                                  RULES
                                                                                  Fishery conservation and management:
International Trade Commission                                                      Alaska; fisheries of Exclusive Economic Zone—
NOTICES
                                                                                      Pacific cod, 51553–51559
Meetings; Sunshine Act, 51628                                                     PROPOSED RULES
                                                                                  Marine mammals:
Labor Department                                                                   Incidental taking—
See Mine Safety and Health Administration                                             North Pacific Acoustic Laboratory; low frequency
NOTICES
                                                                                          sound source operation, 51584–51587
Agency information collection activities:                                         NOTICES
 Submission for OMB review; comment request, 51628–                               Agency information collection activities:
     51629                                                                          Proposed collection; comment request, 51590–51591
                                                                                  Meetings:
Land Management Bureau                                                              Code of conduct for responsible aquaculture in United
NOTICES                                                                                 States Exclusive Economic Zone; public workshops,
Organization, functions, and authority delegations:                                     51591–51592
  Salmon, ID; office relocation, 51626                                              South Atlantic Fishery Management Council, 51592–
Realty actions; sales, leases, etc.:                                                    51593
  Arizona, 51626                                                                  Permits:
                                                                                    Foreign fishing, 51593
Maritime Administration
NOTICES                                                                           Nuclear Regulatory Commission
Coastwise trade laws; administrative waivers:                                     NOTICES
  INTEGRITY, 51641                                                                Environmental statements; availability, etc.:
  MENEHUNE, 51641–51642                                                             Niagara Mohawk Power Corp. et al., 51633–51634
Meetings:
  Marine Transportation System National Advisory                                  Public Health Service
      Council, 51642                                                              See Centers for Disease Control and Prevention


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VI                         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Contents


See Food and Drug Administration                                                    Thrift Supervision Office
                                                                                    NOTICES
Reclamation Bureau                                                                  Agency information collection activities:
NOTICES                                                                              Submission for OMB review; comment request, 51645–
Environmental statements; notice of intent:                                              51646
  San Joaquin River Agreement (2001-2010); additional
      water acquisition to meet flow objectives, 51627–                             Transportation Department
      51628                                                                         See Coast Guard
                                                                                    See Federal Aviation Administration
Research and Special Programs Administration                                        See Federal Highway Administration
NOTICES                                                                             See Federal Railroad Administration
Hazardous materials:                                                                See Maritime Administration
 Exemption applications delayed; list, 51642–51644                                  See National Highway Traffic Safety Administration
                                                                                    See Research and Special Programs Administration
Securities and Exchange Commission                                                  See Surface Transportation Board
RULES
Securities:
                                                                                    Treasury Department
  Selective disclosure and insider trading, 51715–51740
                                                                                    See Comptroller of the Currency
  Subsidiary issuers and guarantors; financial statements
                                                                                    See Thrift Supervision Office
      and periodic reports, 51691–51713
NOTICES
Agency information collection activities:
 Proposed collection; comment request, 51634                                        Separate Parts In This Issue

Small Business Administration                                                       Part II
NOTICES                                                                             Department of Agriculture, Forest Service, 51647–51690
Disaster loan areas:
  Alaska, 51634                                                                     Part III
  Pennsylvania, 51634–51635                                                         Securities and Exchange Commission, 51691–51713
  Wisconsin, 51634
                                                                                    Part IV
State Department
                                                                                    Securities and Exchange Commission, 51715–51740
NOTICES
Art objects; importation for exhibition:
  Faberge’-Hermitage Objects, 51635                                                 Part V
                                                                                    Department of Transportation, Federal Aviation
Surface Transportation Board                                                            Administration, 51741–51746
NOTICES
Motor carriers:
 Finance applications—                                                              Reader Aids
   Laidlaw Inc. et al., 51644                                                       Consult the Reader Aids section at the end of this issue for
 Merger transactions—                                                               phone numbers, online resources, finding aids, reminders,
   Laidlaw Inc. et al., 51644–51645                                                 and notice of recently enacted public laws.




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                                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Contents                                                   VII

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.

7 CFR
301 (4 documents) .........51515,
                           51516, 51517
9 CFR
94.....................................51518
12 CFR
220...................................51519
13 CFR
400...................................51521
500...................................51522
14 CFR
71 (2 documents) ...........51522,
                                       51523
97 (3 documents) ...........51524,
                           51525, 51528
121...................................51742
125...................................51742
Proposed Rules:
39 (2 documents) ...........51560,
                                        51562
17 CFR
1.......................................51529
210...................................51692
211...................................51692
228...................................51692
240 (2 documents) .........51692,
                                        51716
243...................................51716
249 (2 documents) .........51692,
                                        51716
21 CFR
811...................................51532
23 CFR
1270.................................51532
33 CFR
117...................................51538
165 (2 documents) .........51539,
                                        51540
36 CFR
242...................................51542
Proposed Rules:
242...................................51648
40 CFR
180...................................51544
Proposed Rules:
52.....................................51564
300...................................51567
47 CFR
73 (2 documents) ............51552
Proposed Rules:
69.....................................51572
73 (5 documents) ...........51575,
                           51576, 51577
50 CFR
100...................................51542
679...................................51553
Proposed Rules:
17 (2 documents) ...........51577,
                                      51578
100...................................51648
216...................................51584




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                                                                                                                                                       51515

Rules and Regulations                                                                                        Federal Register
                                                                                                             Vol. 65, No. 165

                                                                                                             Thursday, August 24, 2000



This section of the FEDERAL REGISTER                 Background                                              DEPARTMENT OF AGRICULTURE
contains regulatory documents having general
applicability and legal effect, most of which           In an interim rule effective May 2,                  Animal and Plant Health Inspection
are keyed to and codified in the Code of             2000, and published in the Federal                      Service
Federal Regulations, which is published under        Register on May 8, 2000 (65 FR 26487–
50 titles pursuant to 44 U.S.C. 1510.                26488, Docket No. 99–076–2), we                         7 CFR Part 301
The Code of Federal Regulations is sold by           amended the Oriental fruit fly
                                                                                                             [Docket No. 98–082–6]
the Superintendent of Documents. Prices of           regulations, contained in §§ 301.93
new books are listed in the first FEDERAL            through 301.93–10, by removing a                        Mexican Fruit Fly Regulations;
REGISTER issue of each week.                         portion of Los Angeles County, CA,                      Removal of Regulated Area
                                                     from the list of quarantined areas in
                                                     § 301.93–3(c). That action relieved                     AGENCY: Animal and Plant Health
DEPARTMENT OF AGRICULTURE                            unnecessary restrictions on the                         Inspection Service, USDA.
                                                     interstate movement of regulated                        ACTION: Affirmation of interim rule as
Animal and Plant Health Inspection                                                                           final rule.
Service                                              articles from this area.
                                                        Comments on the interim rule were                    SUMMARY: We are adopting as a final
7 CFR Part 301                                       required to be received on or before July               rule, without change, an interim rule
                                                     7, 2000. We did not receive any                         that amended the Mexican fruit fly
[Docket No. 99–076–3]
                                                     comments. Therefore, for the reasons                    regulations by removing the regulated
Oriental Fruit Fly; Removal of                       given in the interim rule, we are                       portion of San Diego County, CA, from
Quarantined Area                                     adopting the interim rule as a final rule.              the list of regulated areas. We have
                                                        This action also affirms the                         determined that the Mexican fruit fly
AGENCY: Animal and Plant Health                                                                              has been eradicated from this area and
Inspection Service, USDA.                            information contained in the interim
                                                                                                             that restrictions on the interstate
                                                     rule concerning Executive Order 12866
ACTION: Affirmation of interim rule as                                                                       movement of regulated articles from this
                                                     and the Regulatory Flexibility Act,
final rule.                                                                                                  area are no longer necessary to prevent
                                                     Executive Orders 12372 and 12988, and                   the spread of the Mexican fruit fly into
SUMMARY: We are adopting as a final                  the Paperwork Reduction Act.                            noninfested areas of the United States.
rule, without change, an interim rule                   Further, for this action, the Office of              This action relieves unnecessary
that amended the Oriental fruit fly                  Management and Budget has waived the                    restrictions on the interstate movement
regulations by removing the quarantine               review process required by Executive                    of regulated articles from the previously
on a portion of Los Angeles County, CA,              Order 12866.                                            regulated area. As a result of the interim
and by removing the restrictions on the                                                                      rule, there are no longer any areas
interstate movement of regulated                     List of Subjects in 7 CFR Part 301                      regulated for the Mexican fruit fly in the
articles from that area. The quarantine                                                                      State of California.
was necessary to prevent the spread of                 Agricultural commodities, Plant
                                                     diseases and pests, Quarantine,                         EFFECTIVE DATE: The interim rule
Oriental fruit fly into noninfested areas                                                                    became effective on July 25, 1999.
of the United States. We have                        Reporting and recordkeeping
                                                     requirements, Transportation.                           FOR FURTHER INFORMATION CONTACT: Mr.
determined that the Oriental fruit fly
has been eradicated from this portion of                                                                     Michael Stefan, Operations Officer,
Los Angeles County, CA, and that the                 PART 301—DOMESTIC QUARANTINE                            Invasive Species and Pest Management
quarantine and restrictions on the                   NOTICES                                                 Staff, PPQ, APHIS, 4700 River Road
interstate movement of regulated                                                                             Unit 134, Riverdale, MD 20737–1236;
                                                        Accordingly, we are adopting as a                    (301) 734–8247.
articles from this area are no longer
necessary. This portion of Los Angeles               final rule, without change, the interim                    In an interim rule effective July 25,
County, CA, was the last remaining area              rule that amended 7 CFR part 301 and                    1999, and published in the Federal
in California quarantined for the                    that was published at 65 FR 26487–                      Register on July 26, 1999 (64 FR 40281–
Oriental fruit fly. As a result of the               26488 on May 8, 2000.                                   40282, Docket No. 98–082–5), we
interim rule, there are no longer any                                                                        amended the Mexican fruit fly
                                                       Authority: Title IV, Pub. L. 106–224, 114
areas in the continental United States                                                                       regulations (contained in 7 CFR 301.64
                                                     Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;
quarantined because of the Oriental fruit            7 CFR 2.22, 2.80, and 371.3.
                                                                                                             through 301.64–10) by removing a
fly.                                                                                                         portion of San Diego County, CA, from
                                                       Done in Washington, DC, this 18th day of              the list of regulated areas in § 301.64–
EFFECTIVE DATE: The interim rule                     August 2000.                                            3(c). That action relieved unnecessary
became effective on May 2, 2000.                     Bobby R. Acord,                                         restrictions on the interstate movement
FOR FURTHER INFORMATION CONTACT: Mr.                 Acting Administrator, Animal and Plant                  of regulated articles from this area. As
Wilmer E. Snell, Operations Officer,                 Health Inspection Service.                              a result of that action, there are no
Invasive Species and Pest Management                 [FR Doc. 00–21647 Filed 8–23–00; 8:45 am]               longer any areas regulated for the
Staff, PPQ, APHIS, 4700 River Road                                                                           Mexican fruit fly in the State of
                                                     BILLING CODE 3410–34–P
Unit 134, Riverdale, MD 20737–1236;                                                                          California.
(301)734–8747.                                                                                                  Comments on the interim rule were
SUPPLEMENTARY INFORMATION:                                                                                   required to be received on or before


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51516          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

September 24, 1999. We did not receive               States. We also removed references to                   Regulatory Flexibility Act
any comments. Therefore, for the                     the Imported Fire Ant Program Manual                       This action affirms an interim rule
reasons given in the interim rule, we are            in the appendix to the imported fire ant                that amended the imported fire ant
adopting the interim rule as a final rule.           regulations.                                            regulations by designating as
  This action also affirms the                                                                               quarantined areas portions of 35
                                                     EFFECTIVE DATE: The interim rule
information contained in the interim                                                                         counties in Arkansas, North Carolina,
                                                     became effective on May 11, 2000.
rule concerning Executive Order 12866                                                                        and Tennessee. As a result of that
and the Regulatory Flexibility Act,                  FOR FURTHER INFORMATION CONTACT:  Mr.
                                                                                                             action, the interstate movement of
Executive Orders 12372 and 12988, and                Ron Milberg, Operations Officer,
                                                                                                             regulated articles from those areas is
the Paperwork Reduction Act.                         Invasive Species and Pest Management,
                                                                                                             restricted. The interim rule was
  Further, for this action, the Office of            PPQ, APHIS, 4700 River Road Unit 134,
                                                                                                             necessary to prevent the artificial spread
Management and Budget has waived the                 Riverdale, MD 20737–1236; (301) 734–
                                                                                                             of the imported fire ant to noninfested
review process required by Executive                 5255.
                                                                                                             areas of the United States.
Order 12866.                                         SUPPLEMENTARY INFORMATION:                                 The following analysis addresses the
List of Subjects in 7 CFR Part 301                   Background                                              economic effect of this rule on small
  Agricultural commodities, Plant                                                                            entities, as required by the Regulatory
diseases and pests, Quarantine,                         In an interim rule effective and                     Flexibility Act.
                                                     published in the Federal Register on                       Affected entities in the quarantined
Reporting and recordkeeping
                                                     May 11, 2000 (65 FR 30337–30341,                        areas include nurseries and
requirements, Transportation.
                                                     Docket No. 00–007–1), we amended the                    greenhouses, farm equipment dealers,
PART 301—DOMESTIC QUARANTINE                         imported fire ant regulations, contained                construction companies, and all those
NOTICES                                              in 7 CFR 301.81 through § 301.81–10, by                 who sell, process, or move regulated
                                                     adding 2 counties in Arkansas, 14                       articles from and through quarantined
   Accordingly, we are adopting as a                 counties in North Carolina, and 19                      areas. It is now necessary to treat and
final rule, without change, the interim              counties in Tennessee to the list of                    certify all regulated articles before
rule that amended 7 CFR part 301 and                 quarantined areas in § 301–81–3(e). The                 moving them interstate from the newly
that was published at 64 FR 40281–                   two affected counties in Arkansas are                   quarantined areas.
40282 on July 26, 1999.                              Clark and Hot Springs. The 14 affected                     The 1997 market value of agricultural
  Authority: Title IV, Pub. L. 106–224, 114          counties in North Carolina are Bertie,                  products sold in the 35 affected counties
Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;         Camden, Chatham, Chowan, Currituck,                     was $1.7 billion. Thus, this large
7 CFR 2.22, 2.80, and 371.3.                         Edgecomb, Gaston, Greene, Martin,                       agricultural economy is at risk due the
  Done in Washington, DC, this 18th day of           Mecklenberg, Pasuotank, Perquimans,                     injurious potential of the imported fire
August 2000.                                         Wake, and Wayne. The 19 affected                        ants.
                                                     counties in Tennessee are Decatur,                         Within Arkansas’ two affected
Bobby R. Acord,
                                                     Fayette, Franklin, Giles, Haywood,                      counties, there are at least 15 entities
Acting Administrator, Animal and Plant
                                                     Henderson, Lewis, Lawrence, Lincoln,                    that may be affected by the rule. All 15
Health Inspection Service.
                                                     Madison, Marion, Marshall, McMinn,                      entities are small, according to the
[FR Doc. 00–21646 Filed 8–23–00; 8:45 am]
                                                     Meigs, Monroe, Moore, Perry, Rhea, and                  Small Business Administration (SBA)
BILLING CODE 3410–34–P
                                                     Shelby. This action was necessary                       definition. In terms of 1997 agricultural
                                                     because surveys conducted by the                        sales, Clark County received $18.725
                                                     Animal and Plant Health Inspection                      million from crop (including
DEPARTMENT OF AGRICULTURE
                                                     Service and State and county agencies                   greenhouse and nursery) sales and
Animal and Plant Health Inspection                   revealed that the imported fire ant had                 livestock sales, and Hot Springs County
Service                                              spread to these areas.                                  received $10.135 million in sales.
                                                        Further, we amended the appendix to                     Within Tennessee’s 19 affected
7 CFR Part 301                                       Subpart—Imported Fire Ant by                            counties, there are 272 entities that may
                                                     removing the references to the Imported                 be affected by the rule, and at least 72
[Docket No. 00–007–2]                                                                                        of these entities are small, according to
                                                     Fire Ant Program Manual because there
                                                     is no relevant information in the                       the SBA definition. These 19 counties
Imported Fire Ant; Quarantined Areas                                                                         received $447.16 million from crop
                                                     Imported Fire Ant Program Manual that
AGENCY: Animal and Plant Health                      is not already available to inspectors in               (including greenhouse and nursery)
Inspection Service, USDA.                            other materials.                                        sales and livestock sales in 1997.
ACTION: Affirmation of interim rule as                                                                          Within North Carolina’s 14 affected
                                                        Comments on the interim rule were                    counties, there are 264 entities that may
final rule.                                          required to be received on or before July               be affected by the rule. At least 253 of
SUMMARY: We are adopting as a final
                                                     10, 2000.                                               these entities are small. These 14
rule, without change, an interim rule                   We did not receive any comments.                     counties received $1.225 billion from
that amended the imported fire ant                   Therefore, for the reasons given in the                 crop (including greenhouse and
regulations by designating as                        interim rule, we are adopting the                       nursery) sales and livestock sales in
quarantined areas all or portions of 2               interim rule as a final rule.                           1997.
counties in Arkansas, 14 counties in                    This action also affirms the                            The market value of sales of
North Carolina, and 19 counties in                   information contained in the interim                    agricultural products in the 35 affected
Tennessee. As a result of that action, the           rule concerning Executive Orders                        counties in the States of Arkansas,
interstate movement of regulated                     12866, 12372, and 12988, and the                        Tennessee, and North Carolina were
articles from those areas is restricted.             Paperwork Reduction Act. Further, the                   $18.9 million, $477.2 million, and 1.24
That action was necessary to prevent the             Office of Management and Budget has                     billion, respectively, in 1997. According
artificial spread of the imported fire ant           waived the review process required by                   to the 1997 U.S. Agricultural Census, at
to noninfested areas of the United                   Executive Order 12866.                                  least 340 of the 551 agricultural entities


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51517

found in the 35 affected counties are                action will eliminate restrictions on the               and storage conditions of pine materials
small. We do not know how many of                    movement of pine wreaths and garlands                   affect when pine shoot beetles move
these entities move regulated articles               from areas quarantined because of pine                  from tree shoots to overwintering sites.
interstate; however, the availability of             shoot beetle.                                           This means that pine materials used to
various treatments for imported fire ant,            EFFECTIVE DATE: August 24, 2000.                        make wreaths and garlands could be
which permit the interstate movement                 FOR FURTHER INFORMATION CONTACT: Ms.                    harvested while pine shoot beetles are
of regulated articles with only a small              Christine Markham, Regional Program                     still present in tree shoots. The
additional cost, minimizes any adverse               Manager, 920 Main Campus Drive, Suite                   commenters asked that we maintain
economic effects due to this rule. For               200, Raleigh, NC 27606–5202; (919)                      measures to mitigate the risk of
example, the value of a standard                     716–5582; or Ms.Coanne E. O’Hern,                       spreading this pest when materials for
shipment of nursery plants is between                National Survey Coordinator, 4700                       pine wreaths and garlands are harvested
$10,000 to $250,000, and the cost of                 River Road, Unit 134, Riverdale, MD                     while pine shoot beetles are in tree
treating a standard shipment of plants is            20737–1236; (301) 734–8247.                             shoots.
only around $200. Entities that do not                                                                          We believe that the way in which
                                                     SUPPLEMENTARY INFORMATION:
move regulated articles interstate                                                                           pine wreaths and garlands are
remain unaffected by the rule.                       Background                                              manufactured greatly reduces the risk
   Under these circumstances, the                       Pine shoot beetle is a pest of pine                  that these commodities will carry pine
Administrator of the Animal and Plant                trees. Pine shoot beetle can cause                      shoot beetles. To increase the value and
Health Inspection Service has                        damage in weak and dying trees, where                   enhance the appearance of their
determined that this action will not                 reproduction and immature stages of                     products, producers of pine wreaths and
have a significant impact on a                       pine shoot beetle occur, and in the new                 garlands choose the freshest, healthiest,
substantial number of small entities.                growth of healthy trees. During                         and most attractive pine material to
List of Subjects in 7 CFR Part 301                   ‘‘maturation feeding,’’ young beetles                   create wreaths and garlands. First, this
                                                     tunnel into the center of pine shoots                   means that producers cut the pine
  Agricultural commodities, Plant                                                                            material from the tree as close to the
                                                     (usually of the current year’s growth),
diseases and pests, Quarantine,                                                                              time of sale as possible. Therefore,
                                                     causing stunted and distorted growth in
Reporting and recordkeeping                                                                                  because most pine wreaths and garlands
                                                     host trees. Adults can fly at least 1
requirements, Transportation.                                                                                are sold for the Christmas holiday, the
                                                     kilometer, and infested trees and pine
                                                     products are often transported long                     material is removed from pine trees after
PART 301—DOMESTIC QUARANTINE
                                                     distances; these factors may result in the              pine shoot beetles have moved to the
NOTICES
                                                     establishment of pine shoot beetle                      base of the tree for overwintering.
   Accordingly, we are adopting as a                 populations far from the location of the                Second, this means that producers do
final rule, without change, the interim              original host tree. This pest damages                   not include any brown, thinning, or
rule that amended 7 CFR part 301 and                 urban ornamental trees and can cause                    damaged pine shoots in wreaths and
that was published at 65 FR 30337–                   economic losses to the timber,                          garlands. Pine shoots that have been
30341 on May 11, 2000.                               Christmas tree, and nursery industries.                 attacked by pine shoot beetles droop,
                                                        The regulations at 7 CFR 301.50                      are discolored, and break easily.
  Authority: Title IV, Pub. L. 106–224, 114
                                                     through 301.50–10, ‘‘Subpart—Pine                       Therefore, selection of the healthiest
Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;
7 CFR 2.22, 2.80, and 371.3.                         Shoot Beetle,’’ restrict the interstate                 and most attractive pine material helps
                                                     movement of regulated articles from                     ensure that no matter the time of year,
  Done in Washington, DC, this 18th day of                                                                   producers are excluding material that
August 2000.                                         quarantined areas in order to prevent
                                                     the spread of pine shoot beetle into                    could be infested with pine shoot
Bobby R. Acord,                                                                                              beetles.
                                                     noninfested areas of the United States.
Acting Administrator, Animal and Plant                                                                          In addition, most often ‘‘pine’’
                                                        On December 21, 1999, we published
Health Inspection Service.                                                                                   wreaths produced in quarantined areas
                                                     in the Federal Register (64 FR 71322–
[FR Doc. 00–21649 Filed 8–23–00; 8:45 am]                                                                    are actually made from balsam fir (Abies
                                                     71323, Docket No. 99–082–1) a proposal
BILLING CODE 3410–34–U
                                                     to amend the regulations by removing                    balsamea) adorned by minimal sprigs of
                                                     pine wreaths and garlands from the list                 pine and other species, such as
                                                     of regulated articles in § 301.50–2. We                 arborvitae (Thuja spp.). Balsam fir is not
DEPARTMENT OF AGRICULTURE                                                                                    a host of pine shoot beetle. Likewise,
                                                     proposed this action to allow pine
Animal and Plant Health Inspection                   wreaths and garlands to move without                    pine garlands produced in quarantined
Service                                              restriction from a quarantined area.                    areas are generally made from eastern
                                                        We solicited comments on our                         white pine (Pinus strobus), a pine
7 CFR Part 301                                       proposal for 60 days, ending February                   species that is not a preferred host for
                                                     22, 2000. We received three comments                    pine shoot beetle. Although pine shoot
[Docket No. 99–082–2]                                by that date. They were from State                      beetles will feed on the shoots of, and
                                                     departments of agriculture and a                        breed in, eastern white pine and other
Pine Shoot Beetle; Regulated Articles                regional plant board. One commenter                     pine species, pine shoot beetles prefer to
AGENCY: Animal and Plant Health                      supported the proposed rule. The                        feed on and breed in Scots pine (Pinus
Inspection Service, USDA.                            remaining commenters expressed                          sylvestris) or jack pine (Pinus
ACTION: Final rule.                                  concerns about the possible presence of                 banksiana). However, even if pine
                                                     pine shoot beetle in pine wreaths and                   wreaths and garlands were made of
SUMMARY: We are amending the pine                    garlands moving out of a quarantined                    favored host pine material, we believe
shoot beetle regulations by removing                 area.                                                   that the way these commodities are
pine wreaths and garlands from the list                 The commenters noted that the                        manufactured precludes the presence of
of regulated articles. We believe that               growing location of pine used to create                 pine shoot beetles.
these commodities do not present a risk              wreaths and garlands, local temperature                    Therefore, for the reasons given in the
of spreading pine shoot beetle. This                 and weather patterns at time of harvest,                proposed rule and in this document, we


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51518         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

are adopting the proposed rule as a final           sales are classified as small business by                 Authority: Title IV, Pub. L. 106–224, 114
rule, without change.                               the SBA. Therefore, approximately 65                    Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;
                                                    percent of all nurseries are considered                 7 CFR 2.22, 2.80, and 371.3.
Effective Date                                                                                                2. In § 301.50–2, paragraph (a) is
                                                    small businesses. In addition, Christmas
   This is a substantive rule that relieves         tree farms with less than $500,000 in                   revised to read as follows:
restrictions and, pursuant to the                   sales are considered small businesses.
provisions of 5 U.S.C. 553, may be made                                                                     § 301.50–2    Regulated articles.
                                                    Nationwide, more than 70 percent of
effective less than 30 days after                   Christmas tree farms are considered                     *      *     *    *     *
publication in the Federal Register.                small businesses.                                          (a) Pine products (Pinus spp.), as
   Immediate implementation of this                    This rule will eliminate treatment and               follows: Bark nuggets (including bark
rule is necessary to provide relief to              certification requirements for pine                     chips); Christmas trees; logs with bark
those persons who are adversely                     wreaths and garlands. This will save                    attached; lumber with bark attached;
affected by restrictions we no longer               affected producers time and money and                   nursery stock; raw pine materials for
find warranted. Producers of pine                   will facilitate the movement of these                   pine wreaths and garlands; and stumps.
wreaths and garlands are in the process             commodities. Specifically, the                          *      *     *    *     *
of taking orders and planning for this              elimination of treatment requirements                      3. In § 301.50–10, the first sentence of
year’s shipping season. Making this rule            for pine wreaths and garlands moving                    paragraph (b) and the text only of
effective immediately will allow                    out of quarantined areas will save                      paragraph (c) are revised to read as
affected producers and others in the                affected producers an average of 1                      follows:
marketing chain to plan more effectively            percent of revenue generated from the
for the approaching shipping season.                sale of these commodities.                              § 301.50–10    Treatments.
Therefore, the Administrator of the                                                                         *      *    *     *    *
                                                       Under these circumstances, the
Animal and Plant Health Inspection                                                                             (b) Cold treatment is authorized for
                                                    Administrator of the Animal and Plant
Service has determined that this rule                                                                       cut pine Christmas trees, pine nursery
                                                    Health Inspection Service has
should be effective upon publication in                                                                     stock, and raw pine materials for pine
                                                    determined that this action will not
the Federal Register.                                                                                       wreaths and garlands as follows: * * *
                                                    have a significant economic impact on
Executive Order 12866 and Regulatory                a substantial number of small entities.                    (c) Any one of these fumigation
Flexibility Act                                                                                             treatments is authorized for use on cut
                                                    Executive Order 12372                                   pine Christmas trees and raw pine
   This rule has been reviewed under                                                                        materials for pine wreaths and garlands.
Executive Order 12866. For this action,               This program/activity is listed in the
                                                    Catalog of Federal Domestic Assistance                  Cut pine Christmas trees and raw pine
the Office of Management and Budget                                                                         materials for pine wreaths and garlands
has waived its review process required              under No. 10.025 and is subject to
                                                    Executive Order 12372, which requires                   may be treated with methyl bromide at
by Executive Order 12866.                                                                                   normal atmospheric pressure as follows:
   We are amending the pine shoot                   intergovernmental consultation with
                                                    State and local officials. (See 7 CFR part              ***
beetle regulations by removing pine
wreaths and garlands from the list of               3015, subpart V.)                                         Done in Washington, DC, this 18th day of
regulated articles. We believe that these                                                                   August 2000.
                                                    Executive Order 12988                                   Bobby R. Acord,
commodities do not present a risk of
spreading pine shoot beetle. This action               This final rule has been reviewed                    Acting Administrator, Animal and Plant
will eliminate restrictions on the                  under Executive Order 12988, Civil                      Health Inspection Service.
movement of pine wreaths and garlands               Justice Reform. This rule: (1) Preempts                 [FR Doc. 00–21648 Filed 8–23–00; 8:45 am]
from areas quarantined because of pine              all State and local laws and regulations                BILLING CODE 3410–34–U
shoot beetle.                                       that are inconsistent with this rule; (2)
   In 1995, nurseries and other                     has no retroactive effect; and (3) does
producers in quarantined areas earned               not require administrative proceedings                  DEPARTMENT OF AGRICULTURE
an average of four percent of their                 before parties may file suit in court
revenue from wreaths and garlands.                  challenging this rule.                                  Animal and Plant Health Inspection
However, over the next 3 years, that                                                                        Service
                                                    Paperwork Reduction Act
amount doubled; in 1998, nurseries and
other producers in quarantined areas                   This rule contains no new                            9 CFR Part 94
increased their earnings from the sale of           information collection or recordkeeping
                                                                                                            [Docket No. 00–030–2]
wreaths and garlands to an average of 8             requirements under the Paperwork
to 10 percent of their revenue.                     Reduction Act of 1995 (44 U.S.C. 3501                   Change in Disease Status in Denmark
   The highest levels of production of              et seq.).                                               Because of BSE
these commodities in quarantined areas
occurs in Northeastern States. In 1998,             List of Subjects in 7 CFR Part 301                      AGENCY: Animal and Plant Health
production of wreaths and garlands                    Agricultural commodities, Plant                       Inspection Service, USDA.
amounted to approximately $5.3 million              diseases and pests, Quarantine,                         ACTION: Final rule.
in Vermont, approximately $3 million                Reporting and recordkeeping
in New Hampshire, and approximately                 requirements, Transportation.                           SUMMARY: We are amending the
$10 to $12 million in Maine. Most                                                                           regulations by adding Denmark to the
                                                      Accordingly, we are amending 7 CFR
wreaths and garlands produced in                                                                            list of regions where bovine spongiform
                                                    part 301 as follows:
quarantined areas are sold locally.                                                                         encephalopathy exists because the
   Most of the producers of pine wreaths            PART 301—DOMESTIC QUARANTINE                            disease has been detected in a native-
and garlands are small businesses,                  NOTICES                                                 born animal in that region. Denmark has
according to the standards of the Small                                                                     been listed among the regions that
Business Administration (SBA).                        1. The authority citation for part 301                present an undue risk of introducing
Nurseries with less than $3.5 million in            continues to read as follows:                           bovine spongiform encephalopathy into


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51519

the United States. Therefore, the effect            exists. Regions on both lists are subject                 Accordingly, we are amending 9 CFR
of this final rule is a continued                   to the same restrictions on the                         part 94 as follows:
restriction on the importation of                   importation of ruminants, meat, meat
ruminants that have been in Denmark                 products, and certain other products of                 PART 94—RINDERPEST, FOOT-AND-
and meat, meat products, and certain                ruminants, into the United States.                      MOUTH DISEASE, FOWL PEST (FOWL
other products of ruminants that have                 We solicited comments concerning                      PLAGUE), EXOTIC NEWCASTLE
been in Denmark. This final rule is                 our proposal for 60 days ending July 17,                DISEASE, AFRICAN SWINE FEVER,
necessary in order to update Denmark’s              2000. We did not receive any comments.                  HOG CHOLERA, AND BOVINE
disease status regarding bovine                     Therefore, for the reasons given in the                 SPONGIFORM ENCEPHALOPATHY:
spongiform encephalopathy.                          proposed rule, we are adopting the                      PROHIBITED AND RESTRICTED
EFFECTIVE DATE: September 25, 2000.                 proposed rule as a final rule, without                  IMPORTATIONS
FOR FURTHER INFORMATION CONTACT: Dr.                change.                                                   1. The authority citation for part 94
Donna Malloy, Senior Staff                          Executive Order 12866 and Regulatory                    continues to read as follows:
Veterinarian, National Center for Import            Flexibility Act                                           Authority: Title IV, Pub. L. 106–224, 114
and Export, Products Program, VS,                                                                           Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 450;
APHIS, 4700 River Road Unit 40,                       This proposed rule has been reviewed                  19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a,
Riverdale, MD 20737–1231; (301) 734–                under Executive Order 12866. For this                   134b, 134c, 134f, 136, and 136a; 31 U.S.C.
3277.                                               action, the Office of Management and                    9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22,
SUPPLEMENTARY INFORMATION:
                                                    Budget has waived its review process                    2.80, and 371.4.
                                                    required by Executive Order 12866.
Background                                            We are amending the regulations by                    § 94.18   [Amended]
   The regulations in 9 CFR parts 93, 94,           adding Denmark to the list of regions                     2. Section 94.18 is amended as
95, and 96 (referred to below as the                where BSE exists because the disease                    follows:
regulations) govern the importation of              has been detected in a native-born                        a. In paragraph (a)(1), by adding the
certain animals, birds, poultry, meat,              animal in that region.                                  word ‘‘Denmark,’’ in alphabetical order.
other animal products and byproducts,                 Denmark has been listed among the                       b. In paragraph (a)(2), by removing the
hay, and straw into the United States in            regions that present an undue risk of                   word ‘‘Denmark,’’.
order to prevent the introduction of                introducing BSE into the United States.                   Done in Washington, DC this 18th day of
various animal diseases, including                  Regardless of which of the two lists a                  August 2000.
bovine spongiform encephalopathy                    region is on, the same restrictions apply               Bobby R. Acord,
(BSE).                                              to the importation of ruminants, meat,                  Acting Administrator, Animal and Plant
   BSE is a neurological disease of                 meat products, and certain other                        Health Inspection Service.
bovine animals and other ruminants and              products of ruminants that have been in                 [FR Doc. 00–21650 Filed 8–23–00; 8:45 am]
is not known to exist in the United                 that region. Therefore, this final rule
                                                                                                            BILLING CODE 3410–34–U
States.                                             will not result in any change in the rules
   It appears that BSE is primarily                 that apply to the importation of
spread through the use of ruminant feed             ruminants, meat, meat products, or
containing protein and other products               other products of ruminants that have                   FEDERAL RESERVE SYSTEM
from ruminants infected with BSE.                   been in Denmark.
Therefore, BSE could become                                                                                 12 CFR Part 220
                                                      Under these circumstances, the
established in the United States if                 Administrator of the Animal and Plant                   [Regulation T]
materials carrying the BSE agent, such              Health Inspection Service has
as certain meat, animal products, and               determined that this action will not                    Credit by Brokers and Dealers; List of
animal byproducts from ruminants in                 have a significant impact on a                          Foreign Margin Stocks
regions in which BSE exists, or in which            substantial number of small entities.
there is an undue risk of introducing                                                                       AGENCY: Board of Governors of the
                                                    Executive Order 12988                                   Federal Reserve System.
BSE into the United States, are imported
into the United States and are fed to                 This rule has been reviewed under                     ACTION: Final rule; determination of
ruminants in the United States. BSE                 Executive Order 12988, Civil Justice                    applicability of regulations.
could also become established in the                Reform. This rule: (1) Preempts all State
                                                                                                            SUMMARY: The List of Foreign Margin
United States if ruminants from regions             and local laws that are inconsistent with
in which BSE exists, or ruminants from                                                                      Stocks (Foreign List) is composed of
                                                    this rule; (2) has no retroactive effect;
regions in which there is an undue risk                                                                     certain foreign equity securities that
                                                    and (3) does not require administrative
of introducing BSE into the United                                                                          qualify as margin securities under
                                                    proceedings before parties may file suit
States, are imported into the United                                                                        Regulation T. The Foreign List is
                                                    in court challenging this rule.
States.                                                                                                     published twice a year by the Board.
   Denmark has been listed in                       Paperwork Reduction Act                                 EFFECTIVE DATE: September 1, 2000.
§ 94.18(a)(2) as a region that presents an             This final rule contains no                          FOR FURTHER INFORMATION CONTACT:
undue risk of introducing BSE into the              information collection or recordkeeping                 Peggy Wolffrum, Securities Regulation
United States. However, on February 25,             requirements under the Paperwork                        Analyst, Division of Banking
2000, Denmark’s Ministry of Agriculture             Reduction Act of 1995 (44 U.S.C. 3501                   Supervision and Regulation, (202) 452–
confirmed a case of BSE in a native-born            et seq.).                                               2837, or Scott Holz, Senior Counsel,
animal. Therefore, on May 17, 2000, we                                                                      Legal Division, (202) 452–2966, Board of
                                                    List of Subjects in 9 CFR Part 94
published in the Federal Register (65                                                                       Governors of the Federal Reserve
FR 31290–31291, Docket 00–030–1) a                    Animal diseases, Imports, Livestock,                  System, Washington, DC 20551. For the
proposal to amend the regulations by                Meat and meat products, Milk, Poultry                   hearing impaired only, contact Janice
adding Denmark to the list in                       and poultry products, Reporting and                     Simms, Telecommunications Device for
§ 94.18(a)(1) of regions where BSE                  recordkeeping requirements.                             the Deaf (TDD) at (202) 872–4984.


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51520         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: Listed                   part upon the composition of the                        JAPAN AIRPORT TERMINAL CO., LTD.
below is a complete edition of the                  Foreign List as soon as possible. The                     ¥ 50 par common
Board’s Foreign List. The Foreign List              Board has responded to a request by the                 JAPAN SECURITIES FINANCE CO.,
was last published on February 24, 2000             public and allowed approximately a                          LTD.
(65 FR 9207), and became effective                  one-week delay before the Foreign List                    ¥ 50 par common
March 1, 2000.                                      is effective.                                           JUROKU BANK, LTD
   The Foreign List is composed of                                                                            ¥ 50 par common
foreign equity securities that qualify as           List of Subjects in 12 CFR Part 220                     KAGOSHIMA BANK, LTD.
margin securities under Regulation T by               Brokers, Credit, Margin, Margin                         ¥ 50 par common
meeting the requirements of § 220.11(c)             requirements, Investments, Reporting                    KAMIGUMI CO., LTD.
and (d). Additional foreign securities              and recordkeeping requirements,                           ¥ 50 par common
qualify as margin securities if they are            Securities.                                             KATOKICHI CO., LTD.
deemed by the Securities and Exchange                 Accordingly, pursuant to the                            ¥ 50 par common
Commission (SEC) to have a ‘‘ready                  authority of sections 7 and 23 of the                   KEISEI ELECTRIC RAILWAY CO., LTD.
market’’ under SEC Rule 15c3–1 (17                  Securities Exchange Act of 1934, as                       ¥ 50 par common
CFR 240.15c3–1) or a ‘‘no-action’’                  amended (15 U.S.C. 78g and 78w), and                    KEIYO BANK, LTD.
position issued thereunder. This                    in accordance with 12 CFR 220.2 and                       ¥ 50 par common
includes all foreign stocks in the FTSE             220.11, there is set forth below a                      KIYO BANK, LTD.
World Index Series.                                 complete edition of the Foreign List.                     ¥ 50 par common
   It is unlawful for any creditor to                                                                       KOMORI CORP.
make, or cause to be made, any                      Japan                                                     ¥ 50 par common
representation to the effect that the               AIWA CO., LTD.                                          KONAMI CO., LTD.
inclusion of a security on the Foreign                ¥ 50 par common                                         ¥ 50 par common
List is evidence that the Board or the              AKITA BANK, LTD.                                        KYOWA EXEO CORP.
SEC has in any way passed upon the                    ¥ 50 par common                                         ¥ 50 par common
merits of, or given approval to, such               AOMORI BANK, LTD.                                       MATSUSHITA SEIKO CO., LTD.
security or any transactions therein.                 ¥ 50 par common                                         ¥ 50 par common
Any statement in an advertisement or                ASATSU–DK INC.                                          MAX CO., LTD.
other similar communication containing                ¥ 50 par common                                         ¥ 50 par common
a reference to the Board in connection              BANDAI CO., LTD.                                        MICHINOKU BANK, LTD.
with the Foreign List or the stocks                   ¥ 50 par common                                         ¥ 50 par common
thereon shall be an unlawful                        BANK OF NAGOYA, LTD.                                    MUSASHINO BANK, LTD.
representation.                                       ¥ 50 par common                                         ¥ 50 par common
   There are no additions to the Foreign            CHUDENKO CORP.                                          NAMCO, LTD.
List. The stock of GEHE AG from                       ¥ 50 par common                                         ¥ 50 par common
Germany is being removed because it                 CHUGOKU BANK, LTD.                                      NICHICON CORP.
appears on the FTSE World Index Series                ¥ 50 par common                                         ¥ 50 par common
and continued inclusion on the Foreign              CLARION CO., LTD.                                       NIHON UNISYS, LTD.
List would be redundant. The stock of                 ¥ 50 par common                                         ¥ 50 par common
ASATSU INC. from Japan has been                     DAIHATSU MOTOR CO., LTD.                                NIPPON COMSYS CORP.
changed to ASATSU–DK INC. The                         ¥ 50 par common                                         ¥ 50 par common
following two Japanese stocks are being             DAINIPPON SCREEN MFG. CO., LTD.                         NIPPON TRUST BANK, LTD.
removed because they no longer                        ¥ 50 par common                                         ¥ 50 par common
substantially meet the provisions of                DENKI KAGAKU KOGYO                                      NISHI-NIPPON BANK, LTD.
§ 220.11(d) of Regulation T:                          ¥ 50 par common                                         ¥ 50 par common
BANK OF KINKI, LTD.                                 EIGHTEENTH BANK, LTD.                                   NISHI-NIPPON RAILROAD CO., LTD.
   ¥ 50 par common                                    ¥ 50 par common                                         ¥ 50 par common
SURUGA BANK LTD.                                    FUTABA CORP.                                            NISSAN CHEMICAL INDUSTRIES,
   ¥ 50 par common                                    ¥ 50 par common                                           LTD.
                                                    FUTABA INDUSTRIAL CO., LTD.                               ¥ 50 par common
Public Comment and Deferred Effective
                                                      ¥ 50 par common                                       OGAKI KYORITSU BANK, LTD.
Date
                                                    HIGO BANK, LTD.                                           ¥ 50 par common
  The requirements of 5 U.S.C. 553 with               ¥ 50 par common                                       Q.P. CORP.
respect to notice and public                        HITACHI CONSTRUCTION                                      ¥ 50 par common
participation were not followed in                      MACHINERY CO., LTD.                                 RINNAI CORPORATION
connection with the issuance of this                  ¥ 50 par common                                         ¥ 50 par common
amendment due to the objective                      HITACHI SOFTWARE ENGINEERING                            RYOSAN CO., LTD.
character of the criteria for inclusion                 CO., LTD.                                             ¥ 50 par common
and continued inclusion on the Foreign                ¥ 50 par common                                       SAGAMI RAILWAY CO., LTD.
List specified in § 220.11(c) and (d). No           HITACHI TRANSPORT SYSTEM, LTD.                            ¥ 50 par common
additional useful information would be                ¥ 50 par common                                       SAIBU GAS CO., LTD.
gained by public participation. The full            HOKKOKU BANK, LTD.                                        ¥ 50 par common
requirements of 5 U.S.C. 553 with                     ¥ 50 par common                                       SAKATA SEED CORP.
respect to deferred effective date have             HOKUETSU BANK, LTD                                        ¥ 50 par common
not been followed in connection with                  ¥ 50 par common                                       SANTEN PHARMACEUTICAL CO.,
the issuance of this amendment because              HOKUETSU PAPER MILLS, LTD.                                  LTD.
the Board finds that it is in the public              ¥ 50 par common                                         ¥ 50 par common
interest to facilitate investment and               IYO BANK, LTD.                                          SHIMADZU CORP.
credit decisions based in whole or in                 ¥ 50 par common                                         ¥ 50 par common


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51521

SHIMAMURA CO., LTD.                                  FOR FURTHER INFORMATION CONTACT:                        Congressional Review Act, 5 U.S.C. 801
  ¥ 50 par common                                    Marguerite S. Owen, General Counsel,                    et seq.
SUMITOMO RUBBER INDUSTRIES,                          Emergency Steel Guarantee Loan Board,
    LTD.                                                                                                     Intergovernmental Review
                                                     U.S. Department of Commerce, Room
  ¥ 50 par common                                    H2500, Washington, D.C. 20230, (202)                      No intergovernmental consultations
TAIYO YUDEN CO., LTD.                                219–0584.                                               with State and local officials are
  ¥ 50 par common                                    SUPPLEMENTARY INFORMATION: On                           required because the rule is not subject
TAKARA STANDARD CO., LTD.                            October 27, 1999, the Board published                   to the provisions of Executive Order
 ¥ 50 par common                                     a final rule codifying at Chapter IV, Title             12372 or Executive Order 12875.
TAKUMA CO., LTD.                                     13, Code of Federal Regulations (CFR),
 ¥ 50 par common                                                                                             Unfunded Mandates Reform Act of 1995
                                                     regulations implementing the Program,
TOHO BANK, LTD.                                      as established in Chapter 1 of Public                     This rule contains no Federal
 ¥ 50 par common                                     Law 106–51, the Emergency Steel Loan                    mandates, as that term is defined in the
TOHO GAS CO., LTD.                                                                                           Unfunded Mandates Reform Act, on
                                                     Guarantee Act of 1999 (64 FR 57932).
 ¥ 50 par common                                        Section 400.210 sets forth terms and                 State, local and tribal governments or
TOKYO OHKA KOGYO CO., LTD.                                                                                   the private sector.
                                                     conditions governing assignment or
 ¥ 50 par common
                                                     transfer of loans and interests in loans
TOKYO TOMIN BANK, LTD.                                                                                       Executive Order 13132
 ¥ 500 par common                                    between and among eligible lenders.
                                                     This rule adds a new § 400.214 to make                    This rule does not contain policies
UNI-CHARM CORP.
                                                     clear that certain types of participations              having federalism implications
 ¥ 50 par common
USHIO, INC.                                          in unguaranteed portions of loans are                   requiring preparation of a Federalism
 ¥ 50 par common                                     not transfers or assignments to a lender                Summary Impact Statement.
YAMAHA MOTOR CO., LTD.                               under the regulations, though a lender                  Executive Order 12630
 ¥ 50 par common                                     can participate in an unguaranteed
YAMANASHI CHUO BANK, LTD.                            portion of a loan. Further, this rule sets                This rule does not contain policies
 ¥ 50 par common                                     forth the terms and conditions                          that have takings implications.
YODOGAWA STEEL WORKS, LTD.                           governing participation in an                           List of Subjects in 13 CFR Part 400
 ¥ 50 par common                                     unguaranteed tranche of a loan
                                                     guaranteed under the Program. It does                     Administrative practice and
  By order of the Board of Governors of the                                                                  procedure, Loan programs—steel,
Federal Reserve System, acting by its Director       so by describing categories of entities
of the Division of Banking Supervision and           that may act as participants without                    Reporting and recordkeeping
Regulation pursuant to delegated authority           Board approval and providing that other                 requirements.
(12 CFR 265.7(f)(10)), August 18, 2000.              entitites may act as participants with                    Dated: August 14, 2000.
Jennifer J. Johnson,                                 Board approval. This rule also contains                 Daniel J. Rooney,
Secretary of the Board.                              a requirement for a minimum                             Executive Secretary, Emergency Steel
                                                     percentage of the unguaranteed portion                  Guarantee Loan Board.
[FR Doc. 00–21590 Filed 8–23–00; 8:45 am]
                                                     of a guaranteed loan that a lender is
BILLING CODE 6210–01–P
                                                     required to hold without participation.                   For the reasons set forth in the
                                                                                                             preamble, 13 CFR part 400 is amended
                                                     Administrative Law Requirements                         to read as follows:
EMERGENCY STEEL GUARANTEE                            Executive Order 12866
LOAN BOARD                                                                                                   PART 400—EMERGENCY STEEL
                                                       This final rule has been determined                   GUARANTEE LOAN PROGRAM
13 CFR Part 400                                      not to be significant for purposes of
                                                     Executive Order 12866.                                    1.The authority citation for part 400
RIN 3003–ZA00                                                                                                continues to read as follows:
                                                     Administrative Procedure Act
Emergency Steel Guarantee Loan                                                                                 Authority: Pub. L. 106–51, 113 Stat. 255
                                                        This rule is exempt from the                         (15 U.S.C. 1841 note).
Program; Participation in                            rulemaking requirements contained in 5
Unguaranteed Tranche                                 U.S.C. 553 pursuant to authority                          2. New § 400.214 is added to read as
                                                     contained in 5 U.S.C. 553(a)(2) as it                   follows:
AGENCY: Emergency Steel Guarantee
Loan Board.                                          involves a matter relating to loans. As                 § 400.214 Participation in unguaranteed
ACTION: Final rule.
                                                     such, prior notice and an opportunity                   tranche of guaranteed loan.
                                                     for public comment and a delay in
                                                                                                                (a) Subject to paragraphs (b) and (c) of
SUMMARY:   The Emergency Steel                       effective date otherwise required under
                                                                                                             this section, a Lender may distribute the
Guarantee Loan Board (Board) is                      5 U.S.C. 553 are inapplicable to this
                                                                                                             risk of a wholly unguaranteed tranche of
amending the regulations governing the               rule.
                                                                                                             a loan guaranteed under the Program by
Emergency Steel Guarantee Loan                       Regulatory Flexibility Act                              purchase of participations therein from
Program (Program). These changes are                                                                         the Lender if:
meant to clarify the regulations                        Because this rule is not subject to a
                                                     requirement to provide prior notice and                    (1) Neither the loan note nor the
applicable to certain types of loan                                                                          Guarantee is assigned, conveyed, sold,
participations. The intent of these                  an opportunity for public comment
                                                     pursuant to 5 U.S.C. 553, or any other                  or transferred in whole or in part;
changes is to make explicit the Board’s                                                                         (2) The Lender remains solely
position with respect to participations              law, the analytical requirements of the
                                                     Regulatory Flexibility Act, 5 U.S.C. 601                responsible for the administration of the
in wholly unguaranteed tranches of                                                                           loan; and
loans that are guaranteed under the                  et seq., are inapplicable.
                                                                                                                (3) The Board’s ability to assert any
Program.                                             Congressional Review Act                                and all defenses available to it under the
DATES:   This rule is effective August 24,             This rule has been determined to be                   Guarantee and the law is not adversely
2000.                                                not major for purposes of the                           affected.


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51522          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

   (b) The following categories of entities          as established in Chapter 2 of Public                   requiring preparation of a Federalism
may purchase participations:                         Law 106–51, the Emergency Oil and Gas                   Summary Impact Statement.
   (1) Eligible Lenders;                             Guaranteed Loan Program Act (64 FR
   (2) Private investment funds and                                                                          Executive Order 12630
                                                     57932).
insurance companies that do not usually                 Section 500.211(f) sets forth reporting                This rule does not contain policies
invest in commercial loans;                          requirements imposed on Lenders of                      that have takings implications.
   (3) Steel company suppliers or                    loans guaranteed under the Act. This                    List of Subjects in 13 CFR Part 500
customers, who are interested in                     rule provides that the type of annual
participating in the unguaranteed                                                                              Administrative practice and
                                                     financial statement of the borrower
tranche as a means of commencing or                                                                          procedure, Loan programs—oil and gas,
                                                     required to be furnished to the Board
solidifying the supplier or customer                                                                         Reporting and recordkeeping
                                                     will be provided in the Guarantee
relationship with the borrower; or                                                                           requirements.
                                                     between the Board and the Lender.
   (4) Any other entity approved by the                 This rule is intended to allow the                     Dated: August 14, 2000.
Board on a case-by-case basis.                       Board to determine on a case-by-case                    Daniel J. Rooney,
   (c) The Agent must maintain and may               basis whether the annual financial                      Executive Secretary, Emergency Oil and Gas
not grant participations in an interest in           statement of the borrower must be                       Guaranteed Loan Board.
the unguaranteed portion of the loan,                audited or CPA-reviewed.                                  For the reasons set forth in the
which as a percentage of the Agent’s                                                                         preamble, 13 CFR part 500 is amended
overall interest in the loan, is no less             Administrative Law Requirements
                                                                                                             to read as follows:
than the aggregate percentage of the loan            Executive Order 12866
which is not guaranteed. Every Lender,                                                                       PART 500—EMERGENCY OIL AND
other than the Agent, must maintain and                This final rule has been determined                   GAS GUARANTEED LOAN PROGRAM
may not grant participations in an                   not to be significant for purposes of
interest in the unguaranteed portion of              Executive Order 12866.                                    1. The authority citation for part 500
the loan representing no less than five                                                                      continues to read as follows:
                                                     Administrative Procedure Act
percent of such Lender’s overall interest                                                                      Authority: Pub. L. 106–51, 113 Stat. 255
in the loan, except as otherwise                        This rule is exempt from the                         (15 U.S.C. 1841 note).
provided in § 400.210(c)(3).                         rulemaking requirements contained in 5                    2. Section 500.211(f)(1) is revised to
                                                     U.S.C. 553 pursuant to authority                        read as follows:
[FR Doc. 00–21424 Filed 8–23–00; 8:45 am]            contained in 5 U.S.C. 553(a)(2) as it
BILLING CODE 3510–NC–P                               involves a matter relating to loans. As                 § 500.211   Lender responsibilities.
                                                     such, prior notice and an opportunity                   *     *     *    *    *
                                                     for public comment and a delay in                         (f) * * *
EMERGENCY OIL AND GAS                                effective date otherwise required under                   (1) Financial statements for the
GUARANTEED LOAN BOARD                                5 U.S.C. 553 are inapplicable to this                   borrower, as provided in the Guarantee;
                                                     rule.                                                   *     *     *    *    *
13 CFR Part 500                                                                                              [FR Doc. 00–21425 Filed 8–23–00; 8:45 am]
                                                     Regulatory Flexibility Act
RIN 3003–ZA00                                                                                                BILLING CODE 3510–NC–P
                                                        Because this rule is not subject to a
Emergency Oil and Gas Guaranteed                     requirement to provide prior notice and
Loan Program; Financial Statements                   an opportunity for public comment                       DEPARTMENT OF TRANSPORTATION
                                                     pursuant to 5 U.S.C. 553, or any other
AGENCY:  Emergency Oil and Gas
                                                     law, the analytical requirements of the                 Federal Aviation Administration
Guaranteed Loan Board.
                                                     Regulatory Flexibility Act, 5 U.S.C. 601
ACTION: Final rule.                                  et seq., are inapplicable.                              14 CFR Part 71
SUMMARY:   The Emergency Oil and Gas                 Congressional Review Act                                [Airspace Docket No. 00–ASO–30]
Guaranteed Loan Board (Board) is
amending the regulations governing the                  This rule has been determined to be                  Amendment of Class D Airspace:
Emergency Oil and Gas Guaranteed                     not major for purposes of the                           Simmons Army Airfield (AAF), NC; and
Loan Program (Program). This change is               Congressional Review Act, 5 U.S.C. 801                  Class E4 Airspace: Key West, FL
meant to give the Board flexibility in               et seq.
                                                                                                             AGENCY: Federal Aviation
determining the type of Borrower                     Intergovernmental Review                                Administration (FAA), DOT.
financial statements that Lenders of
guaranteed loans are required to provide               No intergovernmental consultations                    ACTION: Final rule.
to the Board.                                        with State and local officials are
                                                     required because the rule is not subject                SUMMARY: This action amends the Class
DATES: This rule is effective August 24,                                                                     D Airspace at Simmons AAF, NC, and
                                                     to the provisions of Executive Order
2000.                                                12372 or Executive Order 12875.                         the Class E4 Airspace at Key West, FL,
FOR FURTHER INFORMATION CONTACT:                                                                             from continuous to part time, as the air
Marguerite S. Owen, General Counsel,                 Unfunded Mandates Reform Act of 1995                    traffic control towers at these locations
Emergency Oil and Gas Guaranteed                       This rule contains no Federal                         are now part time.
Loan Board, U.S. Department of                       mandates, as that term is defined in the                EFFECTIVE DATE: 0901 UTC, November
Commerce, Room H2500, Washington,                    Unfunded Mandates Reform Act, on                        30, 2000.
DC 20230, (202) 219–0584.                            State, local and tribal governments or                  FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: On                        the private sector.                                     Nancy B. Shelton, Manager, Airspace
October 27, 1999, the Board published                                                                        Branch, Air Traffic Division, Federal
a final rule codifying at Chapter V, Title           Executive Order 13132                                   Aviation Administration, P.O. Box
13, Code of Federal Regulations (CFR),                 This rule does not contain policies                   20636, Atlanta, Georgia 30320;
regulations implementing the Program,                having federalism implications                          telephone (404) 305–5627.


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                   51523

SUPPLEMENTARY INFORMATION:                          PART 71—DESIGNATION OF CLASS A,                              Issued in College Park, Georgia, on August
                                                    CLASS B, CLASS C, CLASS D AND                             8, 2000.
History                                                                                                       Wade T. Carpenter,
                                                    CLASS E AIRSPACE AREAS;
  The air traffic control towers at the             AIRWAYS; ROUTES; AND REPORTING                            Acting Manager, Air Traffic Division,
Simmons AAF and Key West                            POINTS                                                    Southern Region.
International Airports no longer operate                                                                      [FR Doc. 00–21493 Filed 8–23–00; 8:45 am]
continuously. Therefore, the Class D                  1. The authority citation for 14 CFR                    BILLING CODE 4910–13–M
airspace at Simmons AAF, NC, and the                part 71 continues to read as follows:
Class E4 airspace at Key West, FL, must               Authority: 49 U.S.C. 106(g); 40103, 40113,
be amended from continuous to part                  40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
                                                                                                              DEPARTMENT OF TRANSPORTATION
time. This rule will become effective on            1963 Comp., p. 389; 14 CFR 11.69.
the date specified in the EFFECTIVE DATE                                                                      Federal Aviation Administration
section. Since this action eliminates the           § 71.1       [Amended]
impact of controlled airspace on users of                                                                     14 CFR Part 71
the airspace in the vicinity of the                   2. The incorporation by reference in                    [Airplane Docket No. 00–ASO–27]
Simmons AAF and Key West                            14 CFR 71.1 of Federal Aviation
International Airports during the hours             Administration Order 7400.9G, Airspace                    Removal of Class E Airspace;
the control towers are closed, notice and           Designations and Reporting Points,                        Melbourne, FL, and Coca Patrick AFB,
public procedure under 5 U.S.C. 553(b)              dated September 1, 1999, and effective                    FL
are unnecessary.                                    September 16, 1999, is amended as
                                                    follows:                                                  AGENCY: Federal Aviation
The Rule                                                                                                      Administration (FAA), DOT.
                                                    Paragraph 5000         Class D Airspace
   This amendment to Part 71 of the                                                                           ACTION: Final rule.
                                                    *        *      *       *       *
Federal Aviation Regulations (14 CFR
                                                    ASO NC D          Simmons AAF, NC [Revised]               SUMMARY: This action removes Class E2
part 71) amends Class D airspace at
                                                                                                              airspace at Melbourne, FL, and Cocoa
Simmons AAF, NC, and Class E4                       Simmons AAF, NC                                           Patrick AFB, FL. The weather and radio
airspace at Key West, FL. Class D                     (Lat. 35°07′55″N, long. 78°56′12″W)                     communications requirements for Class
airspace designations and Class E4
                                                      That airspace extending upward from the                 E2 Airspace at Melbourne International
airspace designations are published in
                                                    surface to and including 1,400 feet MSL                   and Patrick AFB Airports, when the
paragraph 5000 and paragraph 6004,
                                                    within a 3.9-mile radius of Simmons AAF,                  respective Air Traffic Control (ATC)
respectively, of FAA Order 7400.9G
                                                    excluding the portion northwest of a line                 towers close, no longer exist. Therefore,
dated September 1, 1999, and effective
                                                    extending from lat. 35°11′47″N, long.                     the Class E2 airspace for the Melbourne
September 16, 1999, which is                        78°55′36″W; to lat. 35°06′16″N, long.                     International and Patrick AFB Airports
incorporated by reference in 14 CFR                 79°00′31″W; excluding this portion within                 must be removed.
71.1. The Class D and Class E4 airspace             the Fayetteville, NC, Class C airspace area.
designations listed in the document will                                                                      EFFECTIVE DATE: 0901 UTC, October 5,
                                                    This Class D airspace area is effective during            2000.
be published subsequently in this                   the specific dates and times established in
Order.                                              advance by a Notice to Airmen. The effective              FOR FURTHER INFORMATION CONTACT:
   The FAA has determined that this                 date and time will thereafter be continuously             Nancy B. Shelton, Manager, Airspace
regulation only involves an established             published in the Airport/Facility Directory.              Branch, Air Traffic Division, Federal
body of technical regulations for which             *        *      *       *       *                         Aviation Administration, P.O. Box
frequent and routine amendments are                                                                           20636, Atlanta, Georgia 30320;
necessary to keep them operationally                Paragraph 6004 Class E4 Airspace Areas                    telephone (404) 305–5627.
current. It, therefore, (1) is not a                Designated as an extension to a Class D
                                                                                                              SUPPLEMENTARY INFORMATION:
‘‘significant regulatory action’’ under             Airspace Area.
Executive Order 12866; (2) is not a                 *        *      *       *       *                         History
‘‘significant rule’’ under DOT                      ASO FL E4         Key West, FL [Revised]                    After Patrick AFB Radar Approach
Regulatory Policies and Procedures (44                                                                        Control (RAPCON) was
FR 11034; February 26, 1979); and (3)               Key West International Airport, FL
                                                                                                              decommissioned, air traffic control
does not warrant preparation of a                       (Lat. 24°33′23″N, long. 81°45′34″W)                   responsibility for the Melbourne
regulatory evaluation as the anticipated            Key West NAS                                              International and Patrick AFB Airports
impact is so minimal. Since this is a                                                                         was transferred from Miami ARTC
                                                        (Lat. 24°34′33″N, long. 81°41′20″W)
routine matter that will only affect air                                                                      Center to Daytona Beach Approach
traffic procedures and air navigation, it           Key West VORTAC                                           Control, when the Melbourne and
is certified that this rule will not have              (Lat. 24°35′09″N, long. 81°48′02″W)                    Patrick AFB (ATC) towers close.
a significant economic impact on a                     That airspace extending upward from the                Daytona Beach Approach Control does
substantial number of small entities                surface within 3.1 miles each side of Key                 not have the communications and
under the criteria of the Regulatory                West VORTAC 309° radial, extending from                   weather capability to provide ATC
Flexibility Act.                                    the 3.9-mile radius of the Key West                       service to the surface as required for
List of Subjects in 14 CFR Part 71                  International Airport and the 5.3-mile radius             Class E2 airspace. Therefore, the Class
                                                    of the Key West NAS to 7 miles northwest                  E2 airspace must be removed. This rule
 Airspace, Incorporation by reference,              of the VORTAC. This Class E airspace area                 will become effective on the date
Navigation (air).                                   is effective during the specific dates and                specified in the DATE section. Since this
                                                    times established in advance by a Notice to               action removes the Class E2 airspace,
Adoption of the Amendment
                                                    Airmen. The effective date and time will                  and as a result, eliminates the impact of
  In consideration of the foregoing, the            thereafter be continuously published in the               Class E2 airspace on users of the
Federal Aviation Administration                     Airport/Facility Directory.                               airspace in the vicinity of the
amends 14 CFR part 71 as follows:                   *        *      *       *       *                         Melbourne International and Patrick


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51524               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

AFB Airports, notice and public                         Issued in College Park, Georgia, on July 18,             2. The FAA Regional Office of the
procedure under 5 U.S.C. 553(b) are                   2000.                                                   region in which the affected airport is
unnecessary.                                          Wade T. Carpenter,                                      located.
                                                      Acting Manager, Air Traffic Division,                      By Subscription—Copies of all SIAP’s,
The Rule                                              Southern Division.                                      mailed once every 2 weeks, are for sale
   This amendment to Part 71 of the                   [FR Doc. 00–21637 Filed 8–23–00; 8:45 am]               by the Superintendent of Documents,
Federal Aviation Regulations (14 CFR                  BILLING CODE 4910–13–M                                  U.S. Government Printing Office,
part 71) removes Class E2 airspace at                                                                         Washington, DC 20402.
Melbourne, FL and Cocoa Patrick AFB,                                                                          FOR FURTHER INFORMATION CONTACT:
FL.                                                   DEPARTMENT OF TRANSPORTATION                            Donald P. Pate, Flight Procedure
   The FAA has determined that this                                                                           Standards Branch (AMCAFS–420),
regulation only involves an established               Federal Aviation Administration                         Flight Technologies and Programs
body of technical regulations for which                                                                       Division, Flight Standards Service,
frequent and routine amendments are                   14 CFR Part 97                                          Federal Aviation Administration, Mike
necessary to keep them operationally                                                                          Monroney Aeronautical Center, 6500
current. It, therefore, (1) is not a                  [Docket No. 30176; Amdt. No. 2008]                      South MacArthur Blvd., Oklahoma City,
‘‘significant regulatory action’’ under                                                                       OK 73169 (Mail Address: P.O. Box
Executive Order 12866; (2) is not a                   Standard Instrument Approach                            25082 Oklahoma City, OK 73125)
‘‘significant rule’’ under DOT                        Procedures; Miscellaneous                               telephone: (405) 954–4164.
Regulatory Policies and Procedures (44                Amendments
FR 11034; February 26, 1979); and (3)                                                                         SUPPLEMENTARY INFORMATION: This
does not warrant preparation of a                     AGENCY: Federal Aviation                                amendment to part 97 of the Federal
regulatory evaluation as the anticipated              Administration (FAA), DOT.                              Aviation Regulations (14 CFR part 97)
impact is so minimal. Since this is a                 ACTION: Final rule.                                     establishes, amends, suspends, or
routine matter that will only affect air                                                                      revokes SIAP’s. The complete regulatory
traffic procedures and air navigation, it             SUMMARY: This amendment establishes,                    description of each SIAP is contained in
is certified that this rule will not have             amends, suspends, or revokes Standard                   official FAA form documents which are
a significant economic impact on a                    Instrument Approach Procedures                          incorporated by reference in this
substantial number of small entities                  (SIAP’s) for operations at certain                      amendment under 5 U.S.C. 552(a), 1
under the criteria of the Regulatory                  airports. These regulatory actions are                  CFR part 51, and § 14 CFR 97.20 of the
Flexibility Act.                                      needed because of the adoption of new                   Federal Aviation Regulations (FAR).
                                                      or revised criteria, or because of changes              The applicable FAA Forms are
List of Subjects in 14 CFR Part 71                    occurring in the National Airspace                      identified as FAA Form 8260–5.
  Airspace, Incorporation by Reference,               System, such as the commissioning of                    Materials incorporated by reference are
Navigation (air).                                     new navigational facilities, addition of                available for examination or purchase as
                                                      new obstacles, or changes in air traffic                stated above.
Adoption of the Amendment                             requirements. These changes are                            The large number of SIAP’s, their
  In consideration of the foregoing, the              designed to provide safe and efficient                  complex nature, and the need for a
Federal Aviation Administration                       use of the navigable airspace and to                    special format make their verbatim
amends 14 CFR Part 71 as follows:                     promote safe flight operations under                    publication in the Federal Register
                                                      instrument flight rules at the affected                 expensive and impractical. Further,
PART 71—DESIGNATION OF CLASS A,                       airports.                                               airmen do not use the regulatory text of
CLASS B, CLASS C, CLASS D AND                                                                                 the SIAPs, but refer to their graphic
                                                      DATES:  An effective date for each SIAP
CLASS E AIRSPACE AREAS;                                                                                       depiction on charts printed by
                                                      is specified in the amendatory
AIRWAYS; ROUTES; AND REPORTING                                                                                publishers of aeronautical materials.
                                                      provisions.
POINTS                                                                                                        Thus, the advantages of incorporation
                                                         Incorporation by reference-approved
  1. The authority citation for 14 CFR                                                                        by reference are realized and
                                                      by the Director of the Federal Register
Part 71 continues to read as follows:                                                                         publication of the complete description
                                                      on December 31, 1980, and reapproved
                                                                                                              of each SIAP contained in FAA form
  Authority: 49 U.S.C. 106(g); 40103, 40113,          as of January 1, 1982.
                                                                                                              documents is unnecessary. The
40120; EO 10854, 24 FR 9565, 3 CFR, 1959–             ADDRESSES: Availability of matters                      provisions of this amendment state the
1963 Comp., p. 389; 14 CFR 11.69.                     incorporated by reference in the                        affected CFR sections, with the types
§ 71.1       [Amended]                                amendment is as follows:                                and effective dates of the SIAPs. This
                                                         For Examination—                                     amendment also identifies the airport,
  2. The incorporation by reference in                   1. FAA Rules Docket, FAA
14 CFR 71.1 of Federal Aviation                                                                               its location, the procedure identification
                                                      Headquarters Building, 800                              and the amendment number.
Administration Order 7400.9G, Airspace                Independence Avenue, SW.,
Designations and Reporting Points,                    Washington, DC 20591;                                   The Rule
dated September 1, 1999, and effective                   2. The FAA Regional Office of the                      This amendment to part 97 is effective
September 16, 1999, is amended as                     region in which the affected airport is                 upon publication of each separate SIAP
follows:                                              located; or                                             as contained in the transmittal. The
Paragraph 6002 Class E Airspace                          3. The Flight Inspection Area Office                 SIAP’s contained in this amendment are
Designated as Surface Areas.                          which originated the SIAP.                              based on the criteria contained in the
*        *      *     *    *                             For Purchase—Individual SIAP                         United States Standard for Terminal
ASO FL E2        Melbourne, FL [Remove]               copies may be obtained from:                            Instrument Procedures (TERPS). In
*        *      *     *    *                             1. FAA Public Inquiry Center (APA–                   developing these SIAPs, the TERPS
ASO FL E2 Cocoa Patrick AFB, FL                       200), FAA Headquarters Building, 800                    criteria were applied to the conditions
   [Remove]                                           Independence Avenue, SW.,                               existing or anticipated at the affected
*        *      *     *    *                          Washington, DC 20591; or                                airports.


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51525

   The FAA has determined through                     Issued in Washington, DC on August 18,                DEPARTMENT OF TRANSPORTATION
testing that current non-localizer type,            2000.
non-precision instrument approaches                 L. Nicholas Lacey,                                      Federal Aviation Administration
developed using the TERPS criteria can              Director, Flight Standards Service.
be flown by aircraft equipped with a                                                                        14 CFR Part 97
                                                    Adoption of the Amendment
Global Positioning System (GPS) and or                                                                      [Docket No. 30175; Amdt. No. 2007]
Flight Management System (FMS)                        Accordingly, pursuant to the
equipment. In consideration of the                  authority delegated to me, part 97 of the               Standard Instrument Approach
above, the applicable SIAP’s will be                Federal Aviation Regulations (14 CFR                    Procedures; Miscellaneous
altered to included ‘‘or GPS or FMS’’ in            part 97) is amended as follows:                         Amendments
the title without otherwise reviewing or                                                                    AGENCY: Federal Aviation
                                                    PART 97—STANDARD INSTRUMENT
modifying the procedure. (Once a stand                                                                      Administration (FAA), DOT.
                                                    APPROACH PROCEDURES
alone GPS or FMS procedure is                                                                               ACTION: Final rule.
developed, the procedure title will be
                                                      1. The authority citation for part 97
altered to remove ‘‘or GPS or FMS’’ from            continues to read:                                      SUMMARY: This amendment establishes,
these non-localizer, non-precision                                                                          amends, suspends, or revokes Standard
instrument approach procedure titles.)                Authority: 49 U.S.C. 106(g), 40103, 40106,            Instrument Approach Procedures
                                                    40113–40114, 40120, 44502, 44514, 44701,
   The FAA has determined through                   44719, 44721–44722.
                                                                                                            (SIAPs) for operations at certain
extensive analysis that current SIAP’s                                                                      airports. These regulatory actions are
                                                      2. Amend 97.23, 97.27, 97.33 and                      needed because of changes occurring in
intended for use by Area Navigation
                                                    97.35, as appropriate, by adding,                       the National Airspace System, such as
(RNAV) equipped aircraft can be flown               revising, or removing the following                     the commissioning of new navigational
by aircraft utilizing various others types          SIAP’s, effective at 0901 UTC on the                    facilities, addition of new obstacles, or
of navigational equipment. In                       dates specified:                                        changes in air traffic requirements.
consideration of the above, those SIAP’s                                                                    These changes are designed to provide
currently designated as ‘‘RNAV’’ will be            §§ 97.23, 97.27, 97.33, 97.35      [Amended]
                                                                                                            safe and efficient use of the navigable
redesignated as ‘‘VOR/DME RNAV’’                    * * * Effective October 5, 2000                         airspace and to promote safe flight
without otherwise reviewing or                                                                              operations under instrument flight rules
modifying the SIAP’s.                               Northway, AK, Northway VOR/DME or                       at the affected airports.
   Because of the close and immediate                 GPS–A, Orig, CANCELLED
                                                                                                            DATES: An effective date for each SIAP
relationship between these SIAP’s and               Northway, AK, Northway VOR/DME–A,                       is specified in the amendatory
safety in air commerce, I find that notice            Orig                                                  provisions.
and public procedure before adopting                Unalaska, AK, Unalaska NDB or GPS–A,                       Incorporation by reference-approved
these SIAPs are, impracticable and                    Amdt 2A, CANCELLED                                    by the Director of the Federal Register
contrary to the public interest and,                Unalaska, AK, Unalaska NDB–A, Amdt                      on December 31, 1980, and reapproved
where applicable, that good cause exists              2A                                                    as of January 1, 1982.
for making some SIAPs effective in less             Grinnell, IA, Grinnell Regional VOR/                    ADDRESSES: Availability of matter
than 30 days.                                         DME or GPS RWY 31, Amdt 2,                            incorporated by reference in the
                                                      CANCELLED                                             amendment is as follows:
Conclusion                                                                                                     For Examination—
                                                    Grinnell, IA, Grinnell Regional VOR/
   The FAA has determined that this                                                                            1. FAA Rules Docket, FAA
                                                      DME RWY 31, Amdt 2
regulation only involves an established                                                                     Headquarters Building, 800
                                                    Connersville, IN, Connersville/Mettel                   Independence Avenue, SW.,
body of technical regulations for which               Field, NDB or GPS RWY 18, ORIG–A,
frequent and routine amendments are                                                                         Washington, DC 20591;
                                                      CANCELLED                                                2. The FAA Regional Office of the
necessary to keep them operationally
                                                    Connersville, IN, Connersville/Mettel                   region in which affected airport is
current. It, therefore—(1) is not a                   Field, NDB RWY 18, ORIG–A                             located; or
‘‘significant regulatory action’’ under
                                                    Hays, KS, Hays Regional, NDB or GPS                        3. The Flight Inspection Area Office
Executive Order 12866; (2) is not a                                                                         which originated the SIAP.
                                                      RWY 34, Amdt 2B, CANCELLED
‘‘significant rule’’ under DOT                                                                                 For Purchase—Individual SIAP
Regulatory Policies and Procedures (44              Hays, KS, Hays Regional, NDB RWY 34,
                                                      Amdt 2B                                               copies may be obtained from:
FR 11034; February 26, 1979); and (3)                                                                          1. FAA Public Inquiry Center (APA–
does not warrant preparation of a                     The FAA published an Amendment                        200), FAA Headquarters Building, 800
regulatory evaluation as the anticipated            in Docket No. 30150, Amdt. No. 2005 to                  Independence Avenue, SW.,
impact is so minimal. For the same                  Part 97 of the Federal Aviation                         Washington, DC 20591; or
reason, the FAA certifies that this                 Regulations (Vol 65 FR No. 155 Page                        2. The FAA Regional Office of the
amendment will not have a significant               48891; dated 10 August 2000) under                      region in which the affected airport is
economic impact on a substantial                    section 97.23 effective 5 October 2000,                 located.
number of small entities under the                  which is hereby amended as follows:                        By Subscription—Copies of all SIAPs,
criteria of the Regulatory Flexibility Act.           Rescind the following:                                mailed once every 2 weeks, are for sale
                                                                                                            by the Superintendent of Documents,
List of Subjects in 14 CFR Part 97                  Watertown, NY, Watertown Intl, VOR or
                                                                                                            US Government Printing Office,
                                                     GPS RWY 7, Amdt 13A, CANCELLED
 Air Traffic Control, Airports,                                                                             Washington, DC 20402.
                                                    Watertown, NY, Watertown Intl, VOR
Navigation (Air).                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                     RWY 7, Amdt 13A
                                                                                                            Donald P. Pate, Flight Procedure
                                                    [FR Doc. 00–21636 Filed 8–23–00; 8:45 am]               Standards Branch (AMCAFS–420),
                                                    BILLING CODE 4910–13–M                                  Flight Technologies and Programs


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51526             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

Division, Flight Standards Service,                         timeliness of change considerations, this                           FR 11034; February 26, 1979); and (3)
Federal Aviation Administration, Mike                       amendment incorporates only specific                                does not warrant preparation of a
Monroney Aeronautical Center, 6500                          changes contained in the content of the                             regulatory evaluation as the anticipated
South MacArthur Blvd., Oklahoma City,                       following FDC/P NOTAMs for each                                     impact is so minimal. For the same
OK 73169 (Mail Address: P.O. Box                            SIAP. The SIAP information in some                                  reason, the FAA certifies that this
25082 Oklahoma City, OK 73125)                              previously designated FDC/Temporary                                 amendment will not have a significant
telephone: (405) 954–4164.                                  (FDC/T) NOTAMs is of such duration as                               economic impact on a substantial
SUPPLEMENTARY INFORMATION: This                             to be permanent. With conversion to                                 number of small entities under the
amendment to part 97 of the Federal                         FDC/P NOTAMs, the respective FDC/T                                  criteria of the Regulatory Flexibility Act.
Aviation Regulations (14 CFR part 97)                       NOTAMs have been canceled.
                                                                                                                                List of Subjects in 14 CFR Part 97
establishes, amends, suspends, or                             The FDC/P NOTAMs for the SIAPs
revokes Standard Instrument Approach                        contained in this amendment are based                                Air Traffic Control, Airports,
Procedures (SIAPs). The complete                            on the criteria contained in the U.S.                               Navigation (Air).
regulatory description on each SIAP is                      Standard for Terminal Instrument                                      Issued in Washington, DC on August 18,
contained in the appropriate FAA Form                       Procedures (TERPS). In developing                                   2000.
8260 and the National Flight Data                           these chart changes to SIAPs by FDC/P                               L. Nicholas Lacey,
Center (FDC)/Permanent (P) Notices to                       NOTAMs, the TERPS criteria were                                     Director, Flight Standards Service.
Airmen (NOTAM) which are                                    applied to only these specific conditions
incorporated by reference in the                            existing at the affected airports. All                              Adoption of the Amendment
amendment under 5 U.S.C. 552(a), 1                          SIAP amendments in this rule have                                     Accordingly, pursuant to the
CFR part 51, and § 97.20 of the Federal                     been previously issued by the FAA in a                              authority delegated to me, part 97 of the
Aviation’s Regulations (FAR). Materials                     National Flight Data Center (FDC)                                   Federal Aviation Regulations (14 CFR
incorporated by reference are available                     Notice to Airmen (NOTAM) as an                                      part 97) is amended by establishing,
for examination or purchase as stated                       emergency action of immediate flight                                amending, suspending, or revoking
above.                                                      safety relating directly to published                               Standard Instrument Approach
   The large number of SIAPs, their                         aeronautical charts. The circumstances                              Procedures, effective at 0901 UTC on
complex nature, and the need for a                          which created the need for all these                                the dates specified, as follows:
special format make their verbatim                          SIAP amendments requires making
publication in the Federal Register                         them effective in less than 30 days.                                Part 97—STANDARD INSTRUMENT
expensive and impractical. Further,                           Further, the SIAPs contained in this                              APPROACH PROCEDURES
airmen do not use the regulatory text of                    amendment are based on the criteria
the SIAPs, but refer to their graphic                       contained in the TERPS. Because of the                                1. The authority citation for part 97 is
depiction of charts printed by                              close and immediate relationship                                    revised to read as follows:
publishers of aeronautical materials.                       between these SIAPs and safety in air                                 Authority: 49 U.S.C. 40103, 40113, 40120,
Thus, the advantages of incorporation                       commerce, I find that notice and public                             44701; 49 U.S.C. 106(g); and 14 CFR
by reference are realized and                               procedure before adopting these SIAPs                               11.49(b)(2).
publication of the complete description                     are impracticable and contrary to the                                 2. Part 97 is amended to read as
of each SIAP contained in FAA form                          public interest and, where applicable,                              follows:
documents is unnecessary. The                               that good cause exists for making these
provisions of this amendment state the                      SIAPs effective in less than 30 days.                               §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,
affected CFR (and FAR) sections, with                                                                                           97.35 [Amended]
                                                            Conclusion                                                            By amending: § 97.23 VOR, VOR/
the types and effective dates of the
SIAPs. This amendment also identifies                          The FAA has determined that this                                 DME, VOR or TACAN, and VOR/DME
the airport, its location, the procedure                    regulation only involves an established                             or TACAN; § 97.25 LOC, LOC/DME,
identification and the amendment                            body of technical regulations for which                             LDA, LDA/DME, SDF, SDF/DME;
number.                                                     frequent and routine amendments are                                 § 97.27 NDB, NDB/DME; § 97.29 ILS,
                                                            necessary to keep them operationally                                ILS/DME, ISMLS, MLS, MLS/DME,
The Rule                                                    current. It, therefore—(1) is not a                                 MLS/RNAV; § 97.31 RADAR SIAPs;
  This amendment to part 97 of the                          ‘‘significant regulatory rule’’ under                               § 97.33 RNAV SIAPs; and § 97.35
Federal Aviation Regulations (14 CFR                        Executive Order 12866; (2) is not a                                 COPTER SIAPs, identified as follows:
part 97) establishes, amends, suspends,                     ‘‘significant rule’’ under DOT                                        * * * EFFECTIVE UPON
or revokes SIAPs. For safety and                            Regulatory Policies and Procedures (44                              PUBLICATION

 FDC date         State              City                                         Airport                                 FDC No.                           SIAP

07/02/00 ....     LA      Oakdale ..................     Allen Parish .............................................          0/8721   NDB RWY 35, Orig ...
                                                                                                                                      REPLACES TL00–18
07/31/00 ....     LA      Shreveport ..............      Shreveport Regional ...............................                 0/9318   LOC RWY 5, AMDT 1 ...
                                                                                                                                      THIS REPLACES FDC 0/8641
08/02/00   ....   MN      Duluth .....................   Duluth Intl ................................................        0/8786   ILS RWY 27, AMDT 8 ...
08/03/00   ....   AZ      Chandler .................     Chandler Muni .........................................             0/8826   GPS RWY 4L, Orig ...
08/03/00   ....   OK      Stillwater .................   Stillwater Regional ..................................              0/8863   NDB RWY 17, Orig-A ...
08/04/00   ....   AK      Bethel .....................   Bethel ......................................................       0/8905   GPS RWY 18, Orig ...
08/04/00   ....   AK      Bethel .....................   Bethel ......................................................   FDC 0/8906   GPS RWY 36, Orig ...
08/04/00   ....   AK      Kenai ......................   Kenai Muni ..............................................           0/8907   NDB–A, AMDT 3 ...
08/04/00   ....   AK      Kenai ......................   Kenai Muni ..............................................           0/8908   GPS RWY 19R, Orig-A ...
08/04/00   ....   AK      Kenai ......................   Kenai Muni ..............................................           0/8909   VOR/DME RWY 1L, AMDT 5A ...
08/04/00   ....   AK      Kenai ......................   Kenai Muni ..............................................           0/8910   ILS RWY 19R, Orig ...
08/04/00   ....   AK      Kenai ......................   Kenai Muni ..............................................           0/8911   VOR RWY 19R, AMDT 16A ...
08/04/00   ....   CA      Blythe .....................   Blythe ......................................................       0/8899   VOR or GPS–A AMDT 6 ...



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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                                   51527

 FDC date         State              City                                          Airport                                FDC No.                            SIAP

08/04/00   ....   CA      Blythe .....................    Blythe ......................................................       0/8900   VOR/DME or GPS RWY 26 AMDT 5 ...
08/04/00   ....   KS      El Dorado ...............       Captain Jack Thomas/El Dorado ............                          0/8917   GPS RWY 33, Orig ...
08/04/00   ....   NJ      Newark ...................      Newark Intl ..............................................          0/8901   ILS RWY 22R AMDT 3 ...
08/04/00   ....   NJ      Newark ...................      Newark Intl ..............................................          0/8902   ILS RWY 22L AMDT 10 ...
08/04/00   ....   NJ      Newark ...................      Newark Intl ..............................................          0/8903   VOR/DME RWY 22R AMDT 4 ...
08/04/00   ....   NJ      Newark ...................      Newark Intl ..............................................          0/8904   VOR/DME RWY 22L Orig ...
08/04/00   ....   WI      Delavan ..................      Lake Lawn ...............................................           0/8936   NDB or GPS RWY 18, AMDT 2A ...
08/07/00   ....   AK      Kenai ......................    Kenai Muni ..............................................           0/9097   GPS RWY 1L, Orig–A ...
08/07/00   ....   CA      Santa Maria ............        Santa Maria Public/Captain G. Allan                                 0/9107   VOR or GPS RWY 12 AMDT 13A ...
                                                            Hancock Field.
08/07/00 ....     CA      Santa Maria ............        Santa Maria Public/Captain G. Allan                                 0/9108   ILS RWY 12 AMDT 9B ...
                                                            Hancock Field.
08/07/00   ....   MO      Rollq/Vichy .............       Rollq National ..........................................           0/9109   VOR/DME RWY 4, AMDT 2B ...
08/07/00   ....   OK      ADA ........................    ADA Muni ................................................           0/9103   GPS RWY 35, Orig ...
08/08/00   ....   GA      Atlanta ....................    The William B. Hartsfield Atlanta Intl ......                       0/9172   ILS RWY 9L AMDT 6B ...
08/08/00   ....   LA      Baton Rouge ..........          Baton Rouge Metropolitan/Ryan Field ....                            0/9167   RADAR–1, AMDT 10 ...
08/08/00   ....   LA      Lake Charles ..........         Lake Charles Regional ...........................                   0/9168   RADAR–1, AMDT 4 ...
                                                                                                                                       THIS REPLACES 0/8079
08/09/00   ....   IA      Hampton .................       Hampton Muni .........................................              0/9244   NDB RWY 17, AMDT 4 ...
08/09/00   ....   IA      Hampton .................       Hampton Muni .........................................              0/9245   VOR/DME RWY 35, AMDT 1 ...
08/09/00   ....   LA      Opelousas ..............        St. Landry Parish-Ahart Field .................                     0/9214   NDB or GPS RWY 17, AMDT 1A ...
08/09/00   ....   LA      Opelousas ..............        St. Landry Parish-Ahart Field .................                     0/9215   VOR/DME RWY 35, ORIG–A ...
08/09/00   ....   LA      Opelousas ..............        St. Landry Parish-Ahart Field .................                     0/9216   GPS RWY 35, ORIG ...
08/09/00   ....   WA      Seattle ....................    Boeing Field/King County Intl .................                     0/9209   ILS RWY 31L Orig ...
08/10/00   ....   AK      Adak Island ............        Adak NAF ................................................           0/9300   NDB/DME RWY 23, Orig ...
08/10/00   ....   FL      Miami ......................    Miami Intl .................................................        0/9335   GPS RWY 9R, Orig-A ...
08/10/00   ....   LA      Lake Charles ..........         Lake Charles Regional ...........................                   0/9324   VOR/DME RNAV RWY 5, AMDT 3A ...
08/10/00   ....   MI      Newberry ................       Luce County ............................................            0/9308   VOR or GPS RWY 29, AMDT 11 ...
08/10/00   ....   MI      Newberry ................       Luce County ............................................            0/9309   VOR or GPS RWY 11, AMDT 11 ...
08/10/00   ....   MI      Three Rivers ...........        Three Rivers Muni Dr. Haines ................                       0/9311   RNAV RWY 22, ORIG ...
08/10/00   ....   NC      Siler City .................    Siler City Municipal .................................              0/9383   RNAV RWY 22 Orig ...
08/10/00   ....   SC      Myrtle Beach ..........         Myrtle Beach Intl .....................................             0/9325   ILS RWY 35 AMDT 1 ...
08/10/00   ....   SC      Myrtle Beach ..........         Myrtle Beach Intl .....................................             0/9326   RNAV RWY 17 ...
08/10/00   ....   SC      Myrtle Beach ..........         Myrtle Beach Intl .....................................             0/9328   RNAV RWY 35 ORIG ...
08/10/00   ....   SC      Myrtle Beach ..........         Myrtle Beach Intl .....................................             0/9329   ILS RWY 17 AMDT 1 ...
08/10/00   ....   TN      Sparta .....................    Upper Cumberland Regional ..................                        0/9398   ILS RWY 4 Orig ...
08/11/00   ....   CA      Sacramento ............         Sacramento Executive ............................                   0/9458   ILS RWY 2, AMDT 22 ...
08/11/00   ....   FM      Kosrae Island .........         Kosrae .....................................................        0/9464   NDB/DME–A Orig ...
08/11/00   ....   LA      Ruston ....................     Ruston Regional .....................................               0/9452   NDB RWY 18, Orig–B ...
08/11/00   ....   MT      Helena ....................     Helena Regional .....................................               0/9478   VOR/DME or GPS–B, AMDT 6 ...
08/11/00   ....   MT      Helena ....................     Helena Regional .....................................               0/9479   ILS RWY 27, AMDT 1 ...
08/14/00   ....   IA      Belle Plaine ............       Belle Plaine Muni ....................................              0/9683   GPS RWY 17, Orig ...
08/14/00   ....   IA      Belle Plaine ............       Belle Plaine Muni ....................................              0/9684   GPS RWY 35, Orig ...
08/14/00   ....   IA      Belle Plaine ............       Belle Plaine Muni ....................................              0/9685   NDB RWY 35, Orig ...
08/14/00   ....   IL      Bloomington-Normal              Central IL Regal Arpt at Bloomington-                               0/9616   ILS RWY 29, AMDT 8C ...
                                                             Normal.
08/14/00   ....   IL      Taylorville ...............     Taylorville Muni .......................................            0/9643   NDB RWY 18, AMDT 3A ...
08/14/00   ....   MI      Hancock .................       Houghton County Memorial ....................                       0/9633   LOC/DME BC RWY 13, AMDT 11B ...
08/14/00   ....   NH      Laconia ...................     Laconia Muni ...........................................            0/9618   NDB or GPS RWY 8 AMDT 8 ...
08/14/00   ....   OK      ADA ........................    ADA Muni ................................................           0/9635   VOR/DME RWY 17, AMDT 1A ...
08/14/00   ....   OK      ADA ........................    ADA Muni ................................................           0/9640   GPS RWY 17, ORIG ...
08/14/00   ....   OK      Ardmore ..................      Ardmore Downtown Executive ................                         0/9642   GPS RWY 35, ORIG ...
08/14/00   ....   OK      Ardmore ..................      Ardmore Downtown Executive ................                         0/9658   VOR/DME RNAV RWY 35, AMDT 5A ...
08/14/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9712   LOC RWY 17, AMDT 2 ...
08/14/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9713   VOR/DME RWY 35, AMDT 5 ...
08/14/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9727   VOR RWY 17, AMDT 10 ...
08/14/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9729   NDB RWY 17, AMDT 1 ...
08/14/00   ....   OK      Stillwater .................    Stillwater Regional ..................................              0/9637   VOR RWY 17, AMDT 13A ...
08/14/00   ....   VT      Barre-Montpelier .....          Edwater F. Knapp State .........................                    0/9601   ILS RWY 17 AMDT 5 ...
08/16/00   ....   LA      Lafayette .................     Lafayette Regional ..................................               0/9738   NDB or GPS RWY 22L, AMDT 4 ...
08/16/00   ....   NJ      Berlin ......................   Camden County ......................................                0/9780   GPS RWY 5, Orig ...
08/16/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9753   GPS RWY 17, ORIG–A ...
08/16/00   ....   OK      Bartlesville ..............     Bartlesville Muni ......................................            0/9754   GPS RWY 35, ORIG–A ...
08/16/00   ....   OK      Chickasha ...............       Chickasha Muni ......................................               0/9772   GPS RWY 17, Orig ...
08/16/00   ....   OK      Chickasha ...............       Chickasha Muni ......................................               0/9773   GPS RWY 35, Orig ...
08/16/00   ....   OK      Chickasha ...............       Chickasha Muni ......................................               0/9774   VOR/DME RNAV RWY 35, AMDT 1 ...




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51528          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

[FR Doc. 00–21635 Filed 8–23–00; 8:45 am]            U.S. Government Printing Office,                        least 30 days after publication is
BILLING CODE 4910–13–M                               Washington, DC 20402.                                   provided.
                                                     FOR FURTHER INFORMATION CONTACT:                           Further, the SIAPs contained in this
                                                     Donald P. Pate, Flight Procedure                        amendment are based on the criteria
DEPARTMENT OF TRANSPORTATION                         Standards Branch (AMCAFS–420),                          contained in the U.S. Standard for
                                                     Flight Technologies and Programs                        Terminal Instrument Procedures
Federal Aviation Administration                      Division, Flight Standards Service,                     (TERPS). In developing these SIAPs, the
                                                     Federal Aviation Administration, Mike                   TERPS criteria were applied to the
14 CFR Part 97                                       Monroney Aeronautical Center, 6500                      conditions existing or anticipated at the
[Docket No. 30174; Amdt. No. 2006]                   South MacArthur Blvd., Oklahoma City,                   affected airports. Because of the close
                                                     OK 73169 (Mail Address: P.O. Box                        and immediate relationship between
Standard Instrument Approach                         25082 Oklahoma City, OK 73125)                          these SIAPs and safety in air commerce,
Procedures; Miscellaneous                            telephone: (405) 954–4164.                              I find that notice and public procedure
Amendments                                           SUPPLEMENTARY INFORMATION: This                         before adopting these SIAPs are
                                                     amendment to part 97 of the Federal                     impracticable and contrary to the public
AGENCY: Federal Aviation                                                                                     interest and, where applicable, that
Administration (FAA), DOT.                           Aviation Regulations (14 CFR part 97)
                                                     establishes, amends, suspends, or                       good cause exists for making some
ACTION: Final rule.                                                                                          SIAPs effective in less than 30 days.
                                                     revokes Standard Instrument Approach
SUMMARY: This amendment establishes,                 Procedures (SIAPs). The complete                        Conclusion
amends, suspends, or revokes Standard                regulatory description of each SIAP is
                                                                                                                The FAA has determined that this
Instrument Approach Procedures                       contained in official FAA form
                                                                                                             regulation only involves an established
(SIAPs) for operations at certain                    documents which are incorporated by
                                                                                                             body of technical regulations for which
airports. These regulatory actions are               reference in this amendment under 5
                                                                                                             frequent and routine amendments are
needed because of the adoption of new                U.S.C. 552(a), 1 CFR part 51, and § 97.20
                                                                                                             necessary to keep them operationally
or revised criteria, or because of changes           of the Federal Aviation Regulations
                                                                                                             current. It, therefore—(1) is not a
occurring in the National Airspace                   (FAR). The applicable FAA Forms are
                                                                                                             ‘‘significant regulatory action’’ under
System, such as the commissioning of                 identified as FAA Forms 8260–3, 8260–
                                                                                                             Executive Order 12866; (2) is not a
new navigational facilities, addition of             4, and 8260–5. Materials incorporated
                                                                                                             ‘‘significant rule’’ under DOT
new obstacles, or changes in air traffic             by reference are available for
                                                                                                             Regulatory Policies and Procedures (44
requirements. These changes are                      examination or purchase as stated
                                                                                                             FR 11034; February 26, 1979); and (3)
designed to provide safe and efficient               above.
                                                                                                             does not warrant preparation of a
use of the navigable airspace and to                    The large number of SIAPs, their
                                                                                                             regulatory evaluation as the anticipated
promote safe flight operations under                 complex nature, and the need for a
                                                                                                             impact is so minimal. For the same
instrument flight rules at the affected              special format make their verbatim
                                                                                                             reason, the FAA certifies that this
airports.                                            publication in the Federal Register
                                                                                                             amendment will not have a significant
                                                     expensive and impractical. Further,
DATES:  An effective date for each SIAP                                                                      economic impact on a substantial
                                                     airmen do not use the regulatory text of
is specified in the amendatory                                                                               number of small entities under the
                                                     the SIAPs, but refer to their graphic
provisions.                                                                                                  criteria of the Regulatory Flexibility Act.
                                                     depiction on charts printed by
   Incorporation by reference-approved               publishers of aeronautical materials.                   List of Subjects in 14 CFR Part 97
by the Director of the Federal Register              Thus, the advantages of incorporation
on December 31, 1980, and reapproved                                                                          Air Traffic Control, Airports,
                                                     by reference are realized and                           Navigation (Air).
as of January 1, 1982.                               publication of the complete description
ADDRESSES: Availability of matters                   of each SIAP contained in FAA form                        Issued in Washington, DC on August 18,
incorporated by reference in the                     documents is unnecessary. The                           2000.
amendment is as follows:                             provisions of this amendment state the                  L. Nicholas Lacey,
   For Examination—                                  affected CFR (and FAR) sections, with                   Director, Flight Standards Service.
   1. FAA Rules Docket, FAA                          the types and effective dates of the                    Adoption of the Amendment
Headquarters Building, 800                           SIAPs. This amendment also identifies
Independence Avenue, SW.,                            the airport, its location, the procedure                  Accordingly, pursuant to the
Washington, DC 20591;                                identification and the amendment                        authority delegated to me, part 97 of the
   2. The FAA Regional Office of the                 number.                                                 Federal Aviation Regulations (14 CFR
region in which the affected airport is                                                                      part 97) is amended by establishing,
located; or                                          The Rule                                                amending, suspending, or revoking
   3. The Flight Inspection Area Office                 This amendment to part 97 is effective               Standard Instrument Approach
which originated the SIAP.                           upon publication of each separate SIAP                  Procedures, effective at 0901 UTC on
   For Purchase—Individual SIAP                      as contained in the transmittal. Some                   the dates specified, as follows:
copies may be obtained from:                         SIAP amendments may have been
   1. FAA Public Inquiry Center (APA–                previously issued by the FAA in a                       PART 97—STANDARD INSTRUMENT
200), FAA Headquarters Building, 800                 National Flight Data Center (NFDC)                      APPROACH PROCEDURES
Independence Avenue, SW.,                            Notice to Airmen (NOTAM) as an                            1. The authority citation for part 97 is
Washington, DC 20591; or                             emergency action of immediate flight                    revised to read as follows:
   2. The FAA Regional Office of the                 safety relating directly to published
region in which the affected airport is              aeronautical charts. The circumstances                    Authority: 49 U.S.C. 106(g), 40103, 40113,
located.                                             which created the need for some SIAP                    40120, 44701; and 14 CFR 11.49(b)(2).
   By Subscription—Copies of all SIAPs,              amendments may require making them                        2. Part 97 is amended to read as
mailed once every 2 weeks, are for sale              effective in less than 30 days. For the                 follows:
by the Superintendent of Documents,                  remaining SIAPs, an effective date at


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51529

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,         Baltimore, MD, Baltimore-Washington                     San Juan, PR, Luis Munoz Marin Intl,
97.35 [Amended]                                         Intl, RNAV Z RWY 15R, Orig                             RNAV RWY 10, Orig
  By amending: § 97.23 VOR, VOR/                     Baltimore, MD, Baltimore-Washington                     Appleton, WI, Outagamie County
DME, VOR or TACAN, and VOR/DME                          Intl, RNAV RWY 22, Orig                                Regional, LOC BC RWY 21, Amdt 1
or TACAN; § 97.25 LOC, LOC/DME,                      Baltimore, MD, Baltimore-Washington                     [FR Doc. 00–21634 Filed 8–23–00; 8:45 am]
LDA, LDA/DME, SDF, SDF/DME;                             Intl, GPS RWY 22, Orig, CANCELLED
                                                                                                             BILLING CODE 4910–13–M
§ 97.27 NDB, NDB/DME; § 97.29 ILS,                   Baltimore, MD, Baltimore-Washington
ILS/DME, ISMLS, MLS, MLS/DME,                           Intl, RNAV Y RWY 28, Orig
MLS/RNAV; § 97.31 RADAR SIAPs;                       Baltimore, MD, Baltimore-Washington
§ 97.33 RNAV SIAPs; and § 97.35                         Intl, RNAV Z RWY 28, Orig                            COMMODITY FUTURES TRADING
COPTER SIAPs, identified as follows:                 Baltimore, MD, Baltimore-Washington                     COMMISSION
                                                        Intl, RNAV RWY 33L, Orig
* * * Effective October 5, 2000                                                                              17 CFR Part 1
                                                     Baltimore, MD, Baltimore-Washington
Naples, FL, Naples Muni, GPS RWY 5,                     Intl, RNAV RWY 33R, Orig                             RIN 3038–AB54
  Orig–A, CANCELLED                                  Baltimore, MD, Baltimore-Washington
Naples, FL, Naples Muni, RNAV RWY                       Intl, ILS RWY 10, Amdt 18                            Minimum Financial Requirements for
  5, Orig                                            Baltimore, MD, Baltimore-Washington                     Futures Commission Merchants and
Naples, FL, Naples Muni, GPS RWY 23,                    Intl, ILS RWY 15L, Orig                              Introducing Brokers; Amendments to
  Orig–B, CANCELLED                                  Baltimore, MD, Baltimore-Washington                     the Provisions Governing
Naples, FL, Naples Muni, RNAV RWY                       Intl, ILS RWY 15R, Amdt 15                           Subordination Agreements Included in
  23, Orig                                           Baltimore, MD, Baltimore-Washington                     the Net Capital of a Futures
Augusta, GA, Daniel Field, RADAR–1,                     Intl, ILS RWY 28, Amdt 15                            Commission Merchant or Independent
  Amdt 7                                             Baltimore, MD, Baltimore-Washington                     Introducing Broker
Connersville, IN, Mettel Field, RNAV                    Intl, ILS RWY 33L, Amdt 9
  RWY 18, Orig                                                                                               AGENCY: Commodity Futures Trading
                                                     Baltimore, MD, Baltimore-Washington
Connersville, IN, Mettel Field, RNAV                                                                         Commission.
                                                        Intl, ILS RWY 33R, Orig
  RWY 36, Orig                                       Baltimore, MD, Martin State, VOR/DME                    ACTION: Final rule.
Brainerd, MN, Brainerd-Crow Wing Co.                    OR TACAN RWY 15, Amdt 5,
  Regional ILS RWY 23, Amdt 6                                                                                SUMMARY: The Commodity Futures
                                                        CANCELLED                                            Trading Commission (‘‘Commission’’ or
Norwood, MA, Norwood Memorial,                       Baltimore, MD, Martin State, VOR/DME
  LOC RWY 35, Amdt 9                                                                                         ‘‘CFTC’’) is amending Regulation
                                                        OR TACAN Z RWY 15, Orig                              1.17(h), which governs the net capital
Norwood, MA, Norwood Memorial,                       Baltimore, MD, Martin State, LOC RWY
  NDB RWY 35, Amdt 9                                                                                         treatment of subordination agreements.
                                                        15, Amdt 1                                           Currently, futures commission
Baltimore, MD, Baltimore-Washington                  Baltimore, MD, Martin State, NDB RWY
  Intl, VOR/DME RWY 4, Amdt 3                                                                                merchants (‘‘FCMs’’) and independent
                                                        15, Amdt 9                                           introducing brokers (‘‘IBIs’’) that are
Baltimore, MD, Baltimore-Washington                  Baltimore, MD, Martin State, NDB RWY
  Intl, VOR RWY 10, Amdt 17                                                                                  members of a self-regulatory
                                                        33, Amdt 8                                           organization (‘‘SRO’’—i.e., a contract
Baltimore, MD, Baltimore-Washington
                                                     Baltimore, MD, Martin State, ILS RWY
  Intl, VOR/DME RWY 15L, Amdt 2                                                                              market or the National Futures
                                                        33, Amdt 6
Baltimore, MD, Baltimore-Washington                                                                          Association) and that are securities
                                                     Baltimore, MD, Martin State, VOR/DME
  Intl, VOR/DME RWY 22, Amdt 11                                                                              brokers or dealers registered with the
Baltimore, MD, Baltimore-Washington                     RNAV RWY 15, Amdt 5A,
                                                                                                             Securities and Exchange Commission
  Intl, VOR RWY 28, Amdt 24                             CANCELLED
                                                                                                             (‘‘SEC’’) are required to obtain the
Baltimore, MD, Baltimore-Washington                  Baltimore, MD, Martin State, RNAV
                                                                                                             approval of both a futures SRO and a
  Intl, VOR/DME RWY 33L, Amdt 3                         RWY 15, Orig
                                                                                                             securities designated examining
Baltimore, MD, Baltimore-Washington                  Baltimore, MD, Martin State, RNAV
                                                                                                             authority (‘‘DEA’’) for any proposed
  Intl, VOR/DME–A, Amdt 1,                              RWY 33, Orig
                                                                                                             subordination agreement, proposed
  CANCELLED                                          Harbor Springs, MI, Harbor Springs,
                                                                                                             prepayment of a subordinated loan, or
Baltimore, MD, Baltimore-Washington                     RNAV RWY 10, Orig
                                                     Harbor Springs, MI, Harbor Springs,                     proposed reduction in the outstanding
  Intl, ILS/DME RWY 15L, Amdt 4,                                                                             principal balance of a secured demand
  CANCELLED                                             RNAV RWY 28, Orig
                                                     Minneapolis, MN, Minneapolic–St. Paul                   note. The Commission is amending its
Baltimore, MD, Baltimore-Washington                                                                          regulations to permit a futures SRO,
  Intl, VOR/DME RNAV RWY 22, Amdt                       Intl/Wold Chamberlain, ILS RWY
                                                        30L, Amdt 43                                         subject to the conditions set forth below,
  6A, CANCELLED                                                                                              to rely on a securities DEA’s review and
Baltimore, MD, Baltimore-Washington                  Minneapolis, MN, Minneapolis–St. Paul
                                                        Intl/Wold Chamberlain, ILS PRM                       approval of a proposed subordination
  Intl, ILS/DME RWY 33R, Amdt 2B,                                                                            agreement, a proposed prepayment of a
  CANCELLED                                             RWY 30L, Amdt 4 (Simultaneous
                                                        Close Parallel)                                      subordinated loan, or a proposed
Baltimore, MD, Baltimore-Washington                                                                          reduction in the outstanding principal
  Intl, RNAV RWY 4, Orig                             Ithaca, NY, Tompkins County, ILS RWY
                                                        32, Amdt 5                                           balance of a secured demand note
Baltimore, MD, Baltimore-Washington
                                                     Toledo, OH, Metcalf Field, VOR RWY 4,                   submitted to the DEA and SRO by an
  Intl, GPS RWY 4, Orig, CANCELLED
                                                        Amdt 9B                                              FCM or IBI.
Baltimore, MD, Baltimore-Washington
  Intl, RNAV RWY 10, Orig                            Tillamook, OR, Tillamook, RNAV RWY                      EFFECTIVE DATE: September 25, 2000.
Baltimore, MD, Baltimore-Washington                     13, Orig                                             FOR FURTHER INFORMATION CONTACT:
  Intl, RNAV RWY 15L, Orig                           San Juan, PR, Luis Munoz Marin Intl,                    Thomas J. Smith, Special Counsel,
Baltimore, MD, Baltimore-Washington                     GPS RWY 8, Orig–B, CANCELLED                         Division of Trading and Markets,
  Intl, GPS RWY 15L, Orig,                           San Juan, PR, Luis Munoz Marin Intl,                    Commodity Futures Trading
  CANCELLED                                             RNAV RWY 8, Orig                                     Commission, Three Lafayette Centre,
Baltimore, MD, Baltimore-Washington                  San Juan, PR, Luis Munoz Marin Intl,                    1155 21st Street, N.W., Washington,
  Intl, RNAV Y RWY 15R, Orig                            GPS RWY 10, Orig–A, CANCELLED                        D.C. 20581; telephone (202) 418–5495;


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51530             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

electronic mail tsmith@cftc.gov; or                         Regulation 1.17(h) sets forth several                satisfactory subordination agreement as
Henry J. Matecki, Financial Audit and                    minimum requirements for the                            set forth in the SEC’s rules.7
Review Branch, Commodity Futures                         subordination agreements and other                         In addition, SEC Rule 15c3–1d(b)(7)
Trading Commission, 300 S. Riverside                     conditions that must be met in order for                (17 CFR 240.15c3–1d(b)(7)) is consistent
Plaza, Room 1600–N, Chicago, IL 60606;                   the agreements to qualify as                            with CFTC Regulation 1.17(h)(2)(vii)(C)
telephone (312) 886–3217; electronic                     ‘‘satisfactory’’ subordination                          in that it requires a broker or dealer to
mail hmatecki@cftc.gov.                                  agreements.5 One condition, set forth in                obtain the written approval of its DEA
SUPPLEMENTARY INFORMATION:                               Regulation 1.17(h)(3)(vi), provides that                prior to making a prepayment of a
                                                         an FCM or IBI may not treat any                         subordinated loan before the scheduled
I. Proposed Rules                                                                                                maturity date of the payment and prior
                                                         subordination agreement as a
   On June 2, 2000, the Commission                       ‘‘satisfactory’’ subordination agreement                to effecting a reduction in the
published for comment proposed                           for net capital purposes until the FCM’s                outstanding principal balance of a
amendments to Rule 1.17(h), which                        or the IBI’s designated-self regulatory                 secured demand note. Therefore,
governs an FCM’s or IBI’s net capital                    organization (‘‘DSRO’’), or the                         registered FCMs and IBIs that are also
treatment of subordination agreements.1                  Commission if the FCM or the IBI is not                 registered as securities brokers or
Commission Regulation 1.17 requires                      a member of a DSRO, has reviewed the                    dealers with the SEC (hereinafter
FCMs and IBIs to maintain minimum                        agreement and determined that it                        referred to as ‘‘dually-registered’’ FCMs
levels of adjusted net capital.2 In                      satisfies the minimum requirements set                  or IBIs) are required to obtain the
computing adjusted net capital, FCMs                     forth in Regulation 1.17(h).                            approvals of a futures market SRO and
and IBIs are permitted to exclude from                                                                           a securities market DEA prior to
                                                            Commission regulations also impose                   excluding subordination agreements
liabilities funds received which are
                                                         restrictions on an FCM’s or IBI’s ability               from liabilities in computing net capital
subordinated to the claims of all general
creditors of the FCM or IBI pursuant to                  to make a payment on a subordinated                     or prior to making a prepayment on a
a ‘‘satisfactory subordination                           loan prior to the scheduled maturity                    subordinated loan or effecting a
agreement,’’ as defined in Regulation                    date of such loan or to effect a full or                reduction in the outstanding principal
1.17(h).3                                                partial reduction in the outstanding                    balance of a secured demand note.
   Subordination agreements may take                     principal balance of a secured demand
                                                         note. In this regard, Regulation                        II. Final Rules
the form of either subordinated loan
agreements or secured demand notes.                      1.17(h)(2)(vii)(C) requires an FCM or IBI                  The National Futures Association
Subordinated loan agreements are                         to obtain the written approval of its                   submitted a letter to the Commission in
agreements evidencing a subordinated                     DSRO, or the Commission if the FCM or                   support of the proposed amendments.
borrowing of cash by the FCM or IBI.                     IBI is not a member of a SRO, prior to                  This was the only comment received.
Secured demand notes are agreements                      making a prepayment on a subordinated                      After considering the issues, the
evidencing or governing the                              loan or prior to effecting a full or partial            Commission is amending Regulations
contribution of a secured demand note                    reduction in the outstanding principal                  1.17(h)(2)(vii)(C) and 1.17(h)(3)(vi) as
to an FCM or IBI and the pledge of                       balance of a secured demand note.                       proposed. The amendments provide that
securities and/or cash as collateral to                     The Commission’s regulations                         a DSRO may rely on a DEA’s review of
secure payment of such note. The                         governing subordination agreements,                     a proposed subordination agreement or
outstanding principal balances of a                      including the provisions cited above,                   a request to make a prepayment on a
subordinated loan and a secured                          are consistent with requirements                        subordinated loan or to reduce the
demand note are recorded as liabilities                  imposed by the SEC on registered                        outstanding principal balance of a
of an FCM or IBI.4                                       securities brokers or dealers. In this                  secured demand note, provided that the
                                                         regard, SEC Rule 15c3–1d(c)(6)(i) (17                   dually-registered FCM or IBI files signed
  1 65 FR 35304 (June 2, 2000).                          CFR 240.15c3–1d(c)(6)(i)) is consistent                 copies of the proposals with its
  2 Commission     regulations cited herein may be       with CFTC Regulation 1.17(h)(3)(vi) in                  applicable DEA, in the manner and form
found at 17 CFR Ch. I (2000).                                                                                    provided by the DEA, prior to the
  Adjusted net capital is generally defined as
                                                         that it requires a registered securities
current assets less liabilities. See Regulation          broker or dealer to file copies of any                  proposed effective dates. The rule also
1.17(c)(5).                                              proposed subordination agreement with                   directs the FCM or IBI to file copies of
  Regulation 1.17(a)(1)(i) requires FCMs to              its DEA prior to the effective date of the              the proposals with its DSRO prior to the
maintain minimum adjusted net capital of the                                                                     respective effective dates and to file
greatest of: (1) $250,000; (2) four percent of the
                                                         agreement.6 The rule further provides
customer funds required to be segregated and set         that no subordination agreement shall                   copies of the DEA’s approval of the
aside pursuant to the Act and the regulations, less      be deemed a ‘‘satisfactory’’                            transactions with the DSRO
the market value of commodity options purchased          subordination agreement for capital                     immediately upon receipt of such
by customers on or subject to the rules of a contract                                                            approval.
market or a foreign board of trade for which the full    purposes until the DEA has determined
premiums have been paid provided that the                that the agreement satisfies the                           The requirement that the FCM or IBI
deduction for each customer is limited to the            minimum requirements for a                              file copies of the proposals with its
amount of customer funds in such customer’s                                                                      DSRO provides the DSRO with an
account(s); (3) the amount of adjusted net capital                                                               opportunity to review the transactions
                                                           5 A contract market may impose, or an FCM or IBI
required by a registered futures association of
which the FCM is a member; or (4) for securities         may require, conditions or restrictions in addition     to ensure compliance with Commission
brokers and dealers, the amount of net capital           to those established by the Commission provided         regulations prior to the effective dates.
required by SEC Rule 15c3–1(a) (17 CFR 240.15c3–         that such conditions or restrictions do not cause the   The amendments further provide that
1(a)).                                                   subordination agreement to fail to meet the
                                                         minimum requirements of Regulation 1.17(h).
                                                                                                                 the DEA’s review and approval of the
  Regulation 1.17(a)(1)(ii) requires IBIs to maintain
minimum adjusted net capital of the greatest of: (A)       6 Rule 15c3–1(c)(12) of the SEC, 17 CFR               proposals is deemed, absent objection
$30,000; (B) the amount of adjusted net capital          240.15c3–1(c)(12), defines DEA as the national
required by a registered futures associated of which     securities exchange or the national securities            7 The SEC’s minimum requirements for a
the IBI is a member; or (C) for securities brokers and   association of which the broker or dealer is a          satisfactory subordination agreement are set forth in
dealers, the amount of net capital required by SEC       member, or if the broker or dealer is member of         Rule 15c3–1d(2) (17 CFR 240.15c3–1d(2)) and are
Rule 15c3–1(a).                                          more than one such exchange or association, the         comparable to the minimum requirements
  3 Regulation 1.17(c)(4)(i).
                                                         exchange or association designated by the SEC as        established by the Commission in Regulation
  4 See Regulation 1.17(h)(1).                           the examining authority of the broker or dealer.        1.17(h)(2).



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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51531

by the DSRO, a finding by the DSRO                      PART 1—GENERAL REGULATIONS                              designated self-regulatory organization
that the proposals meet the minimum                     UNDER THE COMMODITY EXCHANGE                            notifies the registrant that the
requirements and conditions set forth in                ACT                                                     designated examining authority’s
Commission Regulation 1.17(h). The                                                                              approval shall not constitute designated
final responsibility for ensuring that the                1. The authority citation for part 1                  self-regulatory organization approval.
proposals satisfy the minimum                           continues to read as follows:                              (3) The designated self-regulatory
Commission requirements, however,                         Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a,          organization shall immediately provide
remains with the DSROs.                                 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m,         the Commission with a copy of any
                                                        6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a,         notice of approval issued where the
III. Related Matters                                    13a–1, 16, 16a, 19, 21, 23, and 24.                     requested prepayment or special
A. Regulatory Flexibility Act                             2. Section 1.17 is amended by revising                prepayment will result in the reduction
                                                        paragraphs (h)(2)(vii)(C) and (h)(3)(vi) to             of the registrant’s net capital by 20
   The Regulatory Flexibility Act                       read as follows:                                        percent or more or the registrant’s
(‘‘RFA’’), 5 U.S.C. 601–611, requires that              § 1.17 Minimum financial requirements for               excess adjusted net capital by 30
agencies, in adopting rules, consider the               futures commission merchants and                        percent or more.
impact of those rules on small                          introducing brokers.                                    *      *     *     *     *
businesses. The rule amendments                         *      *     *     *     *                                 (3) * * *
discussed herein would affect FCMs and                     (h)* * *                                                (vi) Filing. An applicant shall file a
IBIs. The Commission has previously                        (2)* * *                                             signed copy of any proposed
determined that, based upon the                            (vii)* * *                                           subordination agreement (including
fiduciary nature of FCM/customer                           (C)(1) Notwithstanding the provisions                nonconforming subordination
relationships, as well as the requirement               of paragraphs (h)(2)(vii)(A) and                        agreements) with the National Futures
that FCMs meet minimum financial                        (h)(2)(vii)(B) of this section, in the case             Association at least ten days prior to the
requirements, FCMs should be excluded                   of an applicant, no prepayment or                       proposed effective date of the agreement
from the definition of small entity.8                   special prepayment shall occur without                  or at such other time as the National
   With respect to IBIs, the Commission                 the prior written approval of the                       Futures Association for good cause shall
stated that it is appropriate to evaluate               National Futures Association; in the                    accept such filing. A registrant that is
within the context of a particular rule                 case of a registrant, no prepayment or                  not a member of any designated self-
whether some or all introducing brokers                 special prepayment shall occur without                  regulatory organization shall file two
should be considered to be small                        the prior written approval of the                       signed copies of any proposed
entities and, if so, to analyze the                     designated self-regulatory organization,                subordination agreement (including
economic impact on such entities at that                if any, or of the Commission if the                     nonconforming subordination
time.9 The amendments to Regulations                    registrant is not a member of a self-                   agreements) with the regional office of
1.17(h)(2)(vii)(C) and 1.17(h)(3)(vi) do                regulatory organization.                                the Commission nearest the principal
not impose additional requirements on                      (2) A registrant may make a                          place of business of the registrant
an IBI. Thus, on behalf of the                          prepayment or special prepayment                        (except that a registrant under the
Commission, the Chairman certifies that                 without the prior written approval of                   jurisdiction of the Commission’s
the proposed rule amendments will not                   the designated self-regulatory                          Western Regional Office shall file such
have a significant economic impact on                   organization: Provided, That the                        copies with the Commission’s
a substantial number of small entities.                 registrant: Is a securities broker or dealer            Southwestern Regional Office) at least
                                                        registered with the Securities and                      ten days prior to the proposed effective
B. Paperwork Reduction Act
                                                        Exchange Commission; files a request to                 date of the agreement or at such other
  The Paperwork Reduction Act of                        make a prepayment or special                            time as the Commission for good cause
1995, 44 U.S.C. 3501 et seq. (Supp. I                   prepayment with its applicable                          shall accept such filing. A registrant that
1995), imposes certain requirements on                  securities designated examining                         is a member of a designated self-
federal agencies (including the                         authority, as defined in Rule 15c3–                     regulatory organization shall file signed
Commission) to review rules and rule                    1(c)(12) of the Securities and Exchange                 copies of any proposed subordination
amendments to evaluate the information                  Commission (17 CFR 240.15c3–                            agreement (including nonconforming
collection burden that they impose on                   1(c)(12)), in the form and manner                       subordination agreements) with the
the public. The Commission believes                     prescribed by the designated examining                  designated self-regulatory organization
that the amendments to Regulation                       authority; files a copy of the prepayment               in such quantities and at such time as
1.17(h) do not impose an information                    request or special prepayment request                   the designated self-regulatory
collection burden on the public.                        with the designated self-regulatory                     organization may require prior to the
                                                        organization at the time it files such                  effective date. The applicant or
List of Subjects in 17 CFR Part 1                       request with the designated examining                   registrant shall also file with said parties
                                                        authority in the form and manner                        a statement setting forth the name and
  Brokers, Commodity futures.
                                                        prescribed by the designated self-                      address of the lender, the business
  In consideration of the foregoing and                 regulatory organization; and files a copy               relationship of the lender to the
pursuant to the authority contained in                  of the designated examining authority’s                 applicant or registrant and whether the
the Commodity Exchange Act and, in                      approval of the prepayment or special                   applicant or registrant carried funds or
particular, Sections 4f, 4g and 8a(5)                   prepayment with the designated self-                    securities for the lender at or about the
thereof, 7 U.S.C. 6d, 6g and 12a(5), the                regulatory organization immediately                     time the proposed agreement was so
Commission hereby amends Chapter I of                   upon receipt of such approval. The                      filed. A proposed agreement filed by an
Title 17 of the Code of Federal                         approval of the prepayment or special                   applicant with the National Futures
Regulations as follows:                                 prepayment by the designated                            Association shall be reviewed by the
                                                        examining authority will be deemed                      National Futures Association, and no
 8 47   FR 18618, 18619–18620 (April 30, 1982).         approval by the designated self-                        such agreement shall be a satisfactory
 9 48   FR 35248, 35275–78 (August 3, 1983).            regulatory organization, unless the                     subordination agreement for the


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51532         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

purposes of this section unless and until             Issued in Washington D.C. on August 17,               DEPARTMENT OF TRANSPORTATION
the National Futures Association has                2000 by the Commission.
found the agreement acceptable and                  Jean A. Webb,                                           National Highway Traffic Safety
such agreement has become effective in              Secretary of the Commission.                            Administration
the form found acceptable. A proposed               [FR Doc. 00–21498 Filed 8–23–00; 8:45 am]
agreement filed by a registrant shall be                                                                    Federal Highway Administration
                                                    BILLING CODE 6351–01–P
reviewed by the designated self-
regulatory organization with whom such                                                                      23 CFR Part 1270
an agreement is required to be filed                                                                        [Docket No. NHTSA–99–4493]
prior to its becoming effective or, if the          DEPARTMENT OF HEALTH AND
registrant is not a member of any                   HUMAN SERVICES                                          RIN 2127–AH41
designated self-regulatory organization,
by the regional office of the Commission            Food and Drug Administration                            Open Container Laws
where the agreement is required to be                                                                       AGENCY: National Highway Traffic
filed prior to its becoming effective. No           21 CFR Part 811                                         Safety Administration (NHTSA) and
proposed agreement shall be a                                                                               Federal Highway Administration
satisfactory subordination agreement for            [Docket No. 99N–4955]                                   (FHWA), Department of Transportation.
the purposes of this section unless and                                                                     ACTION: Final rule.
until the designated self-regulatory                Amendment of Various Device
organization or, if a registrant is not a           Regulations to Reflect Current                          SUMMARY: This document adopts as a
member of any designated self-                      American Society for Testing and                        final rule, with some changes, the
regulatory organization, the                        Materials Citations, Confirmation in                    regulations that were published in an
Commission, has found the agreement                 Part and Technical Amendment;                           interim final rule to implement a new
acceptable and such agreement has                   Correction                                              program established by the
become effective in the form found                                                                          Transportation Equity Act for the 21st
acceptable: Provided, however, That a               AGENCY:     Food and Drug Administration,               Century (TEA 21) Restoration Act. The
proposed agreement shall be a                       HHS.                                                    final rule provides for a transfer of
satisfactory subordination agreement for                                                                    Federal-aid highway construction funds
                                                    ACTION:    Direct final rule; correction.               authorized under 23 U.S.C. 104 to the
purpose of this section if the registrant:
is a securities broker or dealer registered                                                                 State and Community Highway Safety
                                                    SUMMARY: The Food and Drug                              Program under 23 U.S.C. 402 for any
with the Securities and Exchange
                                                    Administration (FDA) is correcting a                    State that fails to enact and enforce a
Commission; files signed copies of the
                                                    document that appeared in the Federal                   conforming ‘‘open container’’ law.
proposed subordination agreement with
                                                    Register of July 18, 2000 (65 FR 44435).                DATES: This final rule becomes effective
the applicable securities designated
examining authority, as defined in Rule             The document confirmed, in part, the                    on August 24, 2000.
15c3–1(c)(12) of the Securities and                 direct final rule amending certain                      FOR FURTHER INFORMATION CONTACT: Mr.
Exchange Commission (17 CFR                         references in various medical devices                   Glenn Karr, Office of State and
240.15c3–1(c)(12)), in the form and                 regulations. The document was                           Community Services, NSC–01,
manner prescribed by the designated                 published with an incorrect Federal                     telephone (202) 366–2121; or Ms. Heidi
examining authority; files signed copies            Register page reference. This document                  L. Coleman, Office of Chief Counsel,
of the proposed subordination                       corrects that error.                                    NCC–30, telephone (202) 366–1834.
agreement with the designated self-                 DATES:    Effective August 24, 2000.                    SUPPLEMENTARY INFORMATION: The
regulatory organization at the time it                                                                      Transportation Equity Act for the 21st
                                                    FOR FURTHER INFORMATION CONTACT:                        Century (TEA 21), Pub. L. 105–178, was
files such copies with the designated
examining authority in the form and                 LaJuana D. Caldwell, Office of Policy                   signed into law on June 9, 1998. On July
manner prescribed by the designated                 (HF–27), Food and Drug                                  22, 1998, the TEA 21 Restoration Act,
self-regulatory organization; and files a           Administration, 5600 Fishers Lane,                      Pub. L. 105–206, was enacted to restore
copy of the designated examining                    Rockville, MD 20857, 301–827–7010.                      provisions that had been agreed to by
authority’s approval of the proposed                SUPPLEMENTARY INFORMATION: In FR Doc.                   the conferees on TEA 21, but had not
subordination agreement with the                    00–18082 appearing on page 44435 in                     been included in the TEA 21 conference
designated self-regulatory organization             the Federal Register of Tuesday, July                   report. Section 1405 of the Act amended
immediately upon receipt of such                                                                            Chapter 1 of Title 23, United States
                                                    18, 2000, the following correction is
approval. The designated examining                                                                          Code, by adding Section 154, which
                                                    made:
authority’s determination that the                                                                          established a program to transfer a
                                                       1. On page 44435, in the 2d column,                  percentage of a State’s Federal-aid
proposed subordination agreement                    under the DATES and the SUPPLEMENTARY                   highway construction funds to the
satisfies the requirements for a                    INFORMATION captions, the phrase                        State’s apportionment under section 402
satisfactory subordination agreement
                                                    ‘‘January 24, 2000 (65 FR 3627)’’ is                    of Title 23 of the United States Code, if
will be deemed a like finding by the
                                                    corrected to read ‘‘January 24, 2000 (65                the State fails to enact and enforce a
designated self-regulatory organization,
                                                    FR 3584)’’.                                             conforming ‘‘open container’’ law that
unless the designated self-regulatory                                                                       prohibits the possession of any open
organization notifies the registrant that             Dated: August 15, 2000.
                                                                                                            alcoholic beverage container, and the
the designated examining authority’s                Margaret M. Dotzel,
                                                                                                            consumption of any alcoholic beverage,
determination shall not constitute a like           Associate Commissioner for Policy.                      in the passenger area of any motor
finding by the designated self-regulatory           [FR Doc. 00–21562 Filed 8–23–00; 8:45 am]               vehicle located on a public highway, or
organization.                                       BILLING CODE 4160–01–F                                  the right-of-way of a public highway, in
*      *     *     *    *                                                                                   the State.


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51533

   In accordance with section 154, the              apportionment under section 402 of that                 3. All Alcoholic Beverages
transferred funds are to be used for                title, if the State fails to enact and                    The law must apply to all ‘‘alcoholic
alcohol-impaired driving                            enforce a conforming ‘‘open container’’                 beverages.’’
countermeasures or the enforcement of               law. If a State does not meet the
driving while intoxicated (DWI) laws.               statutory requirements on October 1,                    4. Applies to All Occupants
States may elect instead to use all or a            2000 or October 1, 2001, an amount                        The law must apply to all occupants
portion of the funds for hazard                     equal to one and one-half percent of the                of the motor vehicle, including the
elimination activities, under 23 U.S.C.             funds apportioned to the State will be                  driver and all passengers.
Section 152.                                        transferred. If a State does not meet the
                                                    statutory requirements on October 1,                    5. Located on a Public Highway or the
Background                                                                                                  Right-of-Way of a Public Highway
                                                    2002, an amount equal to three percent
The Problem of Impaired Driving                     of the funds apportioned to the State                     The law must apply to a motor
   Injuries caused by motor vehicle                 will be transferred. An amount equal to                 vehicle while it is located anywhere on
traffic crashes are the leading cause of            three percent will continue to be                       a public highway or the right-of-way of
death in America for people aged 5 to               transferred on October 1 of each                        a public highway.
29. Each year, traffic crashes in the               subsequent fiscal year, if the State does
                                                    not meet the requirements on those                      6. Primary Enforcement
United States claim approximately
41,000 lives and cost Americans an                  dates.                                                    The State must provide for primary
estimated $150 billion, including $19                  To avoid the transfer of funds a State               enforcement of its law. Under a primary
billion in medical and emergency                    must enact and enforce a law that                       enforcement law, law enforcement
expenses, $42 billion in lost                       prohibits the possession of any open                    officials have the authority to enforce
productivity, $52 billion in property               alcoholic beverage container, and the                   the law without, for example, the need
damage, and $37 billion in other crash-             consumption of any alcoholic beverage,                  to show that they had probable cause to
related costs. In 1998, alcohol was                 in the passenger area of any motor                      believe that another violation had been
involved in approximately 39 percent of             vehicle (including possession or                        committed. A law that provides for
fatal traffic crashes. Every 33 minutes,            consumption by the driver of the                        secondary enforcement will not conform
someone in this country dies in an                  vehicle) located on a public highway, or                to the requirements of the regulation.
alcohol-related crash. Impaired driving             the right-of-way of a public highway, in                  A more detailed discussion of the six
is the most frequently committed                    the State.                                              elements described above is contained
violent crime in America.                           Interim Final Rule                                      in the interim final rule (63 FR 53580–
                                                                                                            586).
Open Container Law Incentives                         On October 6 1998, NHTSA and the
                                                    FHWA published an interim final rule                    Demonstrating Compliance
   State open container laws can serve as
an important tool in the fight against              in the Federal Register to implement                      Section 154 provides that
impaired driving. To encourage States to            the Section 154 program (63 FR 53580).                  nonconforming States will be subject to
enact and enforce effective impaired                The interim final rule provided that, to                the transfer of funds beginning in fiscal
driving measures (including open                    avoid the transfer of funds, a State must               year 2001. To avoid the transfer, the
container laws), Congress enacted 23                have a law that has been enacted and                    interim final rule provided that each
U.S.C. Section 410 (the Section 410                 made effective, and must be actively                    State must submit a certification by an
program) in 1988. Under this program,               enforcing the law. In addition, the law                 appropriate State official that the State
States could qualify for supplemental               must meet certain basic elements.                       has enacted and is enforcing an open
grant funds if they qualified for a basic           Compliance Criteria                                     container law that conforms to 23 U.S.C.
Section 410 grant and had an open                                                                           154 and part 1270. A more detailed
container law that met certain                        To avoid a transfer of funds under the                discussion regarding the certifications is
requirements.                                       interim final rule, a State must meet the               contained in the interim final rule (63
   TEA 21 changed the Section 410                   following basic elements:                               FR 53583).
program and removed the open                        1. Prohibits Possession of Any Open                     Enforcement
container incentive grant criterion. The            Alcoholic Beverage Container and the
conferees to that legislation had                                                                              Section 154 provides that a State must
                                                    Consumption of Any Alcoholic Beverage
intended to create a new open container                                                                     not only enact a conforming law, but
transfer program to encourage States to               The law must prohibit the possession                  must also enforce the law. In the interim
enact open container laws, but this new             of any open alcoholic beverage                          final rule, the agencies encouraged the
program was inadvertently omitted from              container in the passenger area of any                  States to enforce their open container
the TEA 21 conference report. The                   motor vehicle that is located on a public               laws rigorously. In particular, the
program was included instead in the                 highway or right-of-way. The law must                   agencies recommended that States
TEA 21 Restoration Act, which was                   also prohibit the consumption of any                    incorporate into their enforcement
signed into law on July 22, 1998.                   alcoholic beverage in the passenger area                efforts activities designed to inform law
                                                    of any motor vehicle that is located on                 enforcement officers, prosecutors,
Section 154 Open Container Law                      a public highway or right-of-way.                       members of the judiciary and the public
Program                                                                                                     about their open container laws. States
                                                    2. In the Passenger Area of Any Motor
  Section 154 provides that the                                                                             should also take steps to integrate their
                                                    Vehicle
Secretary must transfer a portion of a                                                                      open container enforcement efforts into
State’s Federal-aid highway funds                     The law must apply whenever such                      their enforcement of other impaired
apportioned under sections 104(b)(1),               activity is taking place in the passenger               driving laws.
(3), and (4) of title 23 of the United              area of any motor vehicle, consistent                      To demonstrate that they are
States Code, for the National Highway               with the definitions of ‘‘motor vehicle’’               enforcing their laws under the
System, Surface Transportation Program              and ‘‘passenger area’’ that are included                regulation, however, the interim rule
and Interstate System, to the State’s               in § 1270.3 of the regulation.                          indicated that States are required only


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51534         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

to submit a certification that they are             Allred, Director, Utah Highway Safety                   included in the statute and the agencies
enforcing their laws.                               Office and Chair, National Association                  are not at liberty to change it in the
                                                    of Governors’ Highway Safety                            absence of an amendment to the
Notification of Compliance
                                                    Representatives (NAGHSR); and Peter                     legislation. Accordingly, this portion of
   The interim final rule provided that             M. Thompson, Coordinator, State of                      the interim regulation has been adopted
for each fiscal year, beginning with FY             New Hampshire, Office of the Governor,                  without change.
2001, NHTSA and the FHWA will notify                Highway Safety Agency (New
States of their compliance or                       Hampshire). The comments, and the                       3. Comments Regarding the Possession
noncompliance with section 154, based               agencies’ responses to them, are                        and Consumption Requirement
on a review of certifications received. If,         discussed in detail below. Also                           Section 154 provides that a State must
by June 30 of any year, beginning with              discussed below are certain changes that                enact and enforce:
the year 2000, a State has not been                 the agencies decided to make in this                    a law that prohibits the possession of any
determined by the agencies, based on                final rule regarding issues that were                   open alcoholic beverage container, or the
the State’s laws and a conforming                   raised during NHTSA’s review of State                   consumption of any alcoholic beverage.
certification, to comply with section 154           laws and proposed legislation pursuant
and the implementing regulation, the                                                                        The interim final rule provided that the
                                                    to the interim final rule.
agencies will make an initial                                                                               State’s open container law must prohibit
determination that the State does not               1. General Comments                                     both the possession of any open
comply with section 154, and the                       In general, the comments in response                 alcoholic beverage container and the
transfer of funds will be noted in the              to the interim final rule were positive.                consumption of any alcoholic beverage
FHWA’s advance notice of                            Advocates strongly supported the                        in the passenger area of any motor
apportionment for the following fiscal              compliance requirements, citing studies                 vehicle.
year, which generally is issued in July.            that show ‘‘that possession of open                        NAGHSR disagreed with the agencies’
   Each State determined to be in                   containers of alcoholic beverages in the                decision to require open container laws
noncompliance will have until                       passenger compartment of motor                          to cover both possession and
September 30 to rebut the initial                   vehicles is associated with an                          consumption and argued that under the
determination or to come into                       [unexpectedly] high percentage of motor                 statutory language, laws may prohibit
compliance. The State will be notified              vehicle crashes, even if the driver of the              either possession or consumption.
of the agencies’ final determination of             vehicle has not been shown to have                      NAGHSR stated that the agencies have
compliance or noncompliance and the                 consumed any alcohol.’’                                 ‘‘interpreted the federal statutory
amount of funds to be transferred as part              Michigan and Delaware indicated that                 language too expansively and not in a
of the certification of apportionments,             they opposed penalties applied to                       manner consistent with Congressional
which normally occurs on October 1 of               transportation funding for non-                         intent.’’ NAGHSR commented also that
each fiscal year.                                   compliance with requirements such as                    ‘‘there is nothing in the legislative
                                                    section 154. NCSL stated that ‘‘a one-                  history of the open container provision
Request for Comments                                size-fits-all approach is not the best way              to support a requirement that both
   The agencies requested comments                  to tackle the nation’s drunk driving                    possession and consumption should be
from interested persons on the interim              problem.’’                                              prohibited.’’
final rule. The agencies stated in the                 Most comments related to the specific                   By contrast, Advocates expressed
interim final rule that all comments                requirements that State open container                  support for the possession and
submitted would be considered and that              laws must meet to avoid a transfer of                   consumption requirement. It indicated
following the close of the comment                  funds. These comments and the                           that ‘‘we concur with the agencies that
period, the agencies would publish a                agencies’ responses to them are                         the statute requires that State open
document in the Federal Register                    discussed in greater detail below.                      container laws must prohibit both ‘the
responding to the comments and, if                                                                          possession of any open alcoholic
                                                    2. Comments Regarding the Definition                    container’ and ‘must also prohibit the
appropriate, would make revisions to
                                                    of Open Container                                       consumption of any alcoholic beverage
the provisions of part 1270.
                                                       Section 154 defined the term ‘‘open                  in the passenger area of any motor
Comments Received                                   alcoholic beverage container’’ to mean                  vehicle’* * *. There is no other
   The agencies received submissions                any bottle, can, or other receptacle that:              plausible way to read the statutory
from six commenters in response to the                (1) Contains any amount of alcoholic                  language.’’
interim final rule. Comments were                   beverage; and                                              NCSL expressed its concern that
received from: Betty J. Mercer, Division              (2)(i) Is open or has a broken seal; or               many State laws do not cover both
Director, Office of Highway Safety                    (ii) The contents of which are partially              possession and consumption. It stated
Planning, Michigan Department of State              removed.                                                that ‘‘sixteen state laws currently
Police and James R. DeSana, Director,               The agencies adopted this definition in                 prohibit consumption but not
Michigan Department of Transportation               the interim final rule.                                 possession. It is unlikely that states
(Michigan); Henry M. Jasny, General                    NAGHSR argued that the agencies’                     could change the laws to reflect the
Counsel for Advocates for Highway and               definition was too broad. It commented                  requirement in time to avoid the 11⁄2 %
Auto Safety (Advocates); Carl D.                    that the agencies’ definition ‘‘prohibits               redirection penalty in either the first or
Tubbesing, Deputy Executive Chair,                  an open container even when such                        second year.’’
National Conference of State                        container carries only trace amounts of                    New Hampshire noted that its law
Legislatures (NCSL); Tricia Roberts,                an alcoholic beverage.’’ It recommended                 prohibited possession of an open
Director of the Delaware Office of                  that the definition be changed ‘‘to one                 container but did not specifically
Highway Safety, Brian J. Bushweller,                which prohibits an open container with                  prohibit consumption of an alcoholic
Secretary, Delaware Department of                   any usable or consumable amount of                      beverage. It stated that ‘‘in order to
Public Safety and Ann P. Canby,                     alcohol.’’                                              consume an alcoholic beverage, an
Secretary, Delaware Department of                      As indicated above, the definition of                individual must first have that beverage
Transportation (Delaware); K. Craig                 ‘‘open container’’ was specifically                     in their possession. Why is it necessary


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51535

to complicate the language by requiring                 The statutory language specifically                  open alcoholic beverage container
that both ‘possession’ and                           provides that open container laws must                  behind the last upright seat of such
‘consumption’ be included in the law                 prohibit possession and consumption in                  vehicles or in an area of such vehicles
when simply possessing alcohol in an                 the passenger area of any motor vehicle                 not normally occupied by the driver or
open container in the passenger area is              and the agencies are not at liberty to                  passengers.
sufficient.’’                                        change this requirement in the absence                     Although the section 154 statute did
  The agencies do not believe that they              of an amendment to the legislation.                     not specifically provide for such an
have interpreted the statutory language              Moreover, there is nothing in the                       exception, the agencies did not believe
too broadly or in a manner inconsistent              legislative history that suggests that the              it was Congress’ intent that the statute
with Congressional intent. The statutory             purpose of the Section 154 program was                  be read so literally as to penalize every
language requires that State laws must               focused solely on preventing a driver                   State whose laws contained any
penalize an individual for either                    from possessing alcoholic beverages.                    exceptions at all. Accordingly, the
possessing an open container or                      Congress enacted other programs in                      agencies considered whether this
consuming an alcoholic beverage in the               TEA 21 and in the TEA 21 Restoration                    exception should be permitted under
passenger area of a motor vehicle. In                Act, such as the Section 410 and 164                    the regulations. Specifically, we
other words, State laws must prohibit                programs, that are limited to drivers, but              considered whether this particular
both activities independently. NHTSA                 did not enact such a limitation in                      exception would render the underlying
has interpreted this language                        section 154. Accordingly, the agencies                  open container requirement
consistently since 1990, when it issued              will not change this element of the                     unenforceable, so that it would
regulations implementing the Section                 requirement in the final rule.                          undermine or be wholly inconsistent
410 program, under which States could                   The interim regulations permitted                    with the purpose of the statute.
                                                     some exceptions to the ‘‘passenger area                    In the agencies’ view, an exception
qualify for a supplemental grant by
                                                     of any motor vehicle’’ requirement.                     that permits open containers behind the
adopting laws that prohibited both the
                                                     Specifically, they provided that State                  last upright seat or in an area not
possession of an open container and the
                                                     laws that contained exceptions allowing                 normally occupied by the driver or
consumption of alcoholic beverages.
                                                     open containers behind the last upright                 passengers in vehicles not equipped
There is nothing in the legislative
                                                     seat or in an area not normally occupied                with a trunk, addresses a legitimate
history of section 154 that would
                                                     by the driver and passengers in a                       need for storage. In addition, we believe
suggest that Congress intended that this
                                                     vehicle not equipped with a trunk or in                 this exception would not undermine the
interpretation should change. For these
                                                     locked glove compartments would be                      purpose of open container laws or
reasons, this portion of the interim
                                                     permitted under section 154.                            render them unenforceable, because it
regulation has been adopted without                     Advocates argued that the agencies                   would permit open containers only in
change.                                              should not permit exceptions allowing                   the least accessible place in a vehicle.
  With respect to New Hampshire’s                    open containers to be kept behind the                   We continue to believe that such
assertion that open container laws that              last upright seat or in an area not                     exceptions should be permitted.
prohibit possession need not                         normally occupied by the driver or                         Advocates noted that the agencies
specifically prohibit consumption, the               passengers in a vehicle not equipped                    declined to permit exceptions allowing
agencies agree with this view. We note               with a trunk. It stated that ‘‘the agencies             open containers in an unlocked glove
that, during NHTSA’s review of State                 provide no basis for allowing this                      compartment and stated that ‘‘we fail to
laws and proposed legislation, when                  practice’’ and that ‘‘the express language              see the distinction between the use of a
presented with provisions that prohibit              of the statute does not permit the                      glove compartment or the area behind a
possession of any open container, it has             agencies to entertain an exception in                   seat.’’ As indicated above, the agencies
determined that these provisions                     state open container laws for vehicles                  believe that the area behind the last
necessarily also prohibit consumption                that are not equipped with a trunk.’’                   upright seat of a vehicle is the area that
of alcoholic beverages because it is not             Arguing that the only permissible                       is least accessible to the driver or
possible to consume an alcoholic                     exceptions to the ‘‘passenger area of any               passengers in a vehicle. By contrast, we
beverage without also possessing it.                 motor vehicle’’ requirement were                        believe that an unlocked glove
Accordingly, State laws and proposed                 specifically identified in the statute,                 compartment is readily accessible to the
legislation that prohibit possession have            Advocates asserted that ‘‘the agencies                  driver and passengers. We decided to
been found to be in compliance with the              are not at liberty to enlarge the scope of              permit exceptions for open containers in
possession and consumption criterion.                the exceptions determined by Congress’                  a locked glove compartment because the
4. Comments Regarding the Passenger                  and that ‘‘the statute does not provide                 requirement that the glove compartment
Area of Any Motor Vehicle Requirement                any statement that vehicles that are not                be locked makes the open container
                                                     equipped with trunks can be excepted                    significantly less accessible.
   The term ‘‘passenger area’’ was                   and, therefore, the agencies have no                       Accordingly, the agencies do not
defined in the interim final rule to mean            authority to permit this practice.’’                    believe that it is necessary to change the
‘‘the area designed to seat the driver and              As the agencies noted in the interim                 interim regulation in response to these
passengers while the motor vehicle is in             final rule, prior to the issuance of that               comments.
operation and any area that is readily               document, the agencies had reviewed
accessible to the driver or a passenger              existing State open container laws to                   5. Comments Regarding the All
while in their seating positions,                    determine whether they contained any                    Occupants Requirement
including the glove compartment.’’                   exceptions. We determined that a                           The interim rule indicated that a
Delaware commented that ‘‘the                        number of States prohibit occupants                     State’s law would be deemed to be in
prohibition of the entire ‘‘passenger                from possessing open alcoholic beverage                 compliance with the all occupants
area’’ is not justified.’’ It stated that ‘‘the      containers in motor vehicles, but                       requirement if it prohibits the
intent is to prohibit the driver from                provide for an exception when the                       possession of any open alcoholic
driving under the influence. Passenger               vehicle is not equipped with a trunk.                   beverage container by the driver, but
area of the vehicle needs to be less                 Specifically, these States do not                       permits possession of alcohol by
stringent with a focus on the driver.’’              consider it to be an offense to keep an                 passengers in ‘‘the passenger area of a


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51536         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

motor vehicle designed, maintained or               and that ‘‘similar activities could be                  found in noncompliance with the
used primarily for the transportation of            prohibited in parked vehicles in public                 requirements in any fiscal year, once
persons for compensation’’ (such as                 parking lots adjacent to roadways or                    they enacted complying legislation and
buses, taxis and limousines) and those              public roadways that have been blocked                  are enforcing the law, must submit a
‘‘in the living quarters of a house coach           off under local permit.’’ NAGHSR                        certification to that effect before the
or house trailer.’’                                 concluded that ‘‘there is no legislative                following fiscal year to avoid a transfer
   The agencies received three                      history to support such a broad                         of funds in that following fiscal year.
comments indicating that the interim                interpretation of the statute’’ and                     The interim rule indicated that such
final rule was unclear as to whether this           recommended that ‘‘the definition of                    certifications must be submitted by
exception for passengers in house                   public right-of-way should be limited                   October 1 of the following fiscal year.
coaches or house trailers is broad                  only to the entire width of the roadway                    To avoid confusion, the agencies
enough to cover passengers in                       including the shoulders, and that                       believe that States should be required to
recreational vehicles (RVs).                        possession or consumption in a stopped                  submit their certifications by the same
   The agencies consider the exception              vehicle should be prohibited only                       date in any fiscal year. Accordingly, the
for house coaches and house trailers to             within that area.’’                                     agencies have determined that, to avoid
be broad enough to cover recreational                  NCSL and Delaware asserted that the                  a transfer of funds in FY 2001 or in any
vehicles. We believe that the purpose of            right-of-way requirement is not justified               subsequent fiscal year, States will be
the exception was to allow passengers               because it does not involve any                         required to submit certifications by
in vehicles which have living quarters              impaired driving on a right-of-way.                     September 30.
to possess open containers in that area.            NCSL and Delaware asserted also that,                      The agencies realize that a State could
House coaches, house trailers and                   under the interim final rule, picnics and               enact a conforming law by September
recreational vehicles all have a living             tailgate parties would be prohibited and                30, and the law could become effective
quarters area and, accordingly, we                  that the regulations would even prohibit                on October 1 of the following fiscal year.
believe that passengers in the living               a tailgate party where there was a                      Accordingly, the agencies have decided
quarters of recreational vehicles should            designated driver. By contrast,                         to amend the regulations to enable such
be permitted to possess open containers.            Advocates supported the right-of-way                    States to avoid a transfer of funds in the
During NHTSA’s review of State laws                 requirement.                                            year in which the State’s new law
and proposed legislation, it has                       The requirement that open container                  becomes effective. To avoid a transfer of
determined that laws which permit                   laws apply to a vehicle located on                      funds, they may certify that the State
possession and consumption by                       public highway or on the right-of-way of                has enacted an open container law that
passengers in the living quarters of                a public highway was specifically                       conforms to 23 U.S.C. 154 and the
recreational vehicles comply with the               included in the statute. The agencies                   agencies’ implementing regulations and
all occupants requirement.                          believe that this provision ensures that                that will become effective and be
   Accordingly, the agencies do not                 an individual cannot pull off a highway,                enforced by October 1 of the following
believe that it is necessary to change the          drink, and get back on the highway and                  fiscal year.
interim regulation in response to these             drive impaired. There is nothing in the                    We note that, since the issuance of the
comments.                                           legislative history of section 154 to                   interim final rule, NHTSA has reviewed
                                                    suggest that the purpose of section 154                 certifications from several States that
6. Comments Regarding the Public
                                                    was limited to preventing a driver from                 have not been complete. States must
Highway or Right-of-Way Requirement
                                                    possessing or consuming an alcoholic                    include citations to all applicable
   Three comments addressed the                     beverage only while driving.                            provisions of their law including, for
requirement that a State’s open                        During NHTSA’s review of State laws                  example, citations to the definition of
container law must apply to a motor                 and proposed legislation, it has                        alcoholic beverage and other sections of
vehicle while it is located anywhere on             indicated that we intend the ‘‘right-of-                their statute, as well as regulations or
a public highway or the right-of-way of             way’’ requirement to apply to shoulders.                case law, as applicable.
a public highway. In the interim final              While State laws may reach beyond the
rule, the agencies defined ‘‘public                 Federal requirements, NHTSA has                         8. Comments Regarding the Transfer of
highway or the right-of-way of a public             determined that if a State law covers the               Funds
highway’’ to mean ‘‘the entire width                public highway and the shoulder                            As explained in the interim final rule,
between and immediately adjacent to                 alongside of it, that is sufficient to meet             Section 154 provides that the Secretary
the boundary lines of every way                     this element of the open container                      must transfer a portion of a State’s
publicly maintained when any part                   requirements. To clarify the agency’s                   Federal-aid highway funds apportioned
thereof is open to the use of the public            position, we have changed the                           under sections 104(b)(1), (3), and (4) of
for purposes of vehicular travel.’’                 definition of the term ‘‘public highway                 Title 23 of the United States Code, for
   The comments suggested that the                  or right-of-way of a public highway’’ to                the National Highway System, Surface
agencies’ definition of ‘‘public highway            reflect this determination.                             Transportation Program and Interstate
or the right-of-way of a public highway’’                                                                   System, to the State’s apportionment
was too broad. NAGHSR suggested that,               7. Comments Regarding the Timing of                     under section 402 of that title, if the
under the definition of right-of-way in             Certifications                                          State does not meet certain statutory
the interim final rule, ‘‘picnics and                  The interim final rule provided that,                requirements.
other activities involving a stopped                to avoid a transfer of funds in FY 2001,                   The interim rule indicated that, in
vehicle in a roadside park or other                 the agencies must receive a State’s                     accordance with the statute, the amount
public area adjacent to a roadway would             certification no later than September 30,               to be transferred from a non-conforming
all be prohibited if alcohol were                   2000, and the certification must indicate               State will be calculated based on a
consumed.’’ NAGHSR suggested also                   that the State ‘‘has enacted and is                     percentage of the funds apportioned to
that ‘‘a person in a parked vehicle at a            enforcing an open container law that                    the State under each of sections
public rest area along a major Interstate           conforms to 23 U.S.C. 154 and (the                      104(b)(1), (3) and (4). However, the
would be in violation of the law if he              agencies’ implementing regulations).’’                  actual transfers need not be drawn
or she consumed an alcoholic beverage’’             The interim rule indicated that States                  evenly from these three sources. The


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51537

transferred funds may come from any                 funds to be obligated to alcohol-                       implementing regulation, States will be
one or a combination of the                         impaired driving programs, hazard                       subject to a transfer of funds if they do
apportionments under section 104(b)(1),             elimination programs, and related                       not enact and enforce laws prohibiting
(3) and (4), as long as the total amount            planning and administration costs                       the possession of open alcoholic
meets the statutory requirement.                    allowable under section 402. This                       beverage containers and the
   One commenter noted that the interim             process will permit account entries to be               consumption of alcoholic beverages.
rule did not specify which State agency             made. Joint decision making by the DOT                  This final rule will affect only State
has authority to decide from which                  and SHSO is the same process required                   governments, which are not considered
category funds should be transferred.               by NHTSA and FHWA for other TEA 21                      to be small entities as that term is
The agencies believe that, because the              programs in which Congress authorized                   defined by the Regulatory Flexibility
decision concerning which of the three              flexible highway safety/highway                         Act. Thus, we certify that this action
highway apportionments should lose                  construction funding choices—the                        will not have a significant impact on a
funds solely affects State Department of            Section 157 Seat Belt Use Incentive                     substantial number of small entities and
Transportation (DOT) programs, the                  Grant program and the Section 153 .08                   find that the preparation of a Regulatory
DOT should have authority to inform                 BAC Law Incentive program.                              Flexibility Analysis is unnecessary.
the FHWA of any changes in
distribution. The agencies have added               Regulatory Analyses and Notices                         Paperwork Reduction Act
language to the final rule, in the section          Executive Order 12988 (Civil Justice                      This action does not contain a
on Transfer of Funds, indicating that on            Reform)                                                 collection of information requirement
October 1, the FHWA will make the                                                                           for purposes of the Paperwork
transfers based on a proportionate                    This final rule will not have any                     Reduction Act of 1980, 44 U.S.C.
amount, then the State’s Department of              preemptive or retroactive effect. The                   Chapter 35, as implemented by the
Transportation will be given until                  enabling legislation does not establish a               Office of Management and Budget
October 30 to notify the FHWA if they               procedure for judicial review of final                  (OMB) in 5 CFR part 1320.
would like to change the distribution               rules promulgated under its provisions.
                                                    There is no requirement that individuals                National Environmental Policy Act
among sections 104(b)(1), (3) and (4).
   The interim rule indicated that the              submit a petition for reconsideration or                  The agencies have analyzed this
funds transferred to section 402 could              other administrative proceedings before                 action for the purpose of the National
be used for alcohol-impaired driving                they may file suit in court.                            Environmental Policy Act, and have
countermeasures or directed to State                Executive Order 12866 (Regulatory                       determined that it will not have a
and local law enforcement agencies for              Planning and Review) and DOT                            significant effect on the human
the enforcement of laws prohibiting                 Regulatory Policies and Procedures                      environment.
driving while intoxicated, driving under                                                                    The Unfunded Mandates Reform Act
the influence or other related laws or                 The agencies have determined that
regulations. In addition, the interim               this action is not a significant action                    The Unfunded Mandates Reform Act
final rule indicated that States may elect          within the meaning of Executive Order                   of 1995 (Pub. L. 104–4) requires
to use all or a portion of the transferred          12866 or significant within the meaning                 agencies to prepare a written assessment
funds for hazard elimination activities             of Department of Transportation                         of the costs, benefits and other affects of
under 23 U.S.C. 152.                                Regulatory Policies and Procedures.                     final rules that include a Federal
   Four commenters noted that the                   States can choose to enact and enforce                  mandate likely to result in the
interim final rule did not specify which            an open container law, in conformance                   expenditure by the State, local or tribal
State agency has the authority to                   with Pub. L. 105–206, and thereby avoid                 governments, in the aggregate, or by the
determine how transferred funds should              a transfer of Federal-aid highway                       private sector, of more than $100
be used. NAGHSR stated that ‘‘it is                 construction funds. Alternatively, if                   million annually. In the interim final
unclear whether these decisions are                 States choose not to enact and enforce                  rule, the agencies indicated that the
state department of transportation                  a conforming law, their funds will be                   Section 154 program did not meet the
decisions, state highway safety office              transferred, but not withheld.                          definition of a Federal mandate, because
decisions, or both.’’ Michigan suggested            Accordingly, the amount of funds                        the resulting annual expenditures were
that ‘‘it should be made clear that all             provided to each State will not change.                 not expected to exceed the $100 million
affected state agencies are to participate,            In addition, the costs associated with               and because the States were not
and that States’ decisions may be guided            this rule are minimal and are expected                  required to enact and enforce a
by the traffic-safety benefit returned by           to be offset by resulting highway safety                conforming open container law.
the investment.’’                                   benefits. The enactment and                                NCSL asserted that the rule will result
   The agencies have determined that all            enforcement of open container laws                      in an unfunded mandate. It stated that
of the affected State agencies should               should help to reduce impaired driving,                 ‘‘the total cost to the states to enforce
participate in deciding how transferred             which is a serious and costly problem                   these open container laws will exceed
funds should be directed. Accordingly,              in the United States. Accordingly,                      one hundred million dollars in cost.
the agencies have added language to the             further economic assessment is not                      Even the sixteen states that currently
section on Use of Transferred Funds                 necessary.                                              have open container laws that prohibit
specifying that both the State DOT,                                                                         the consumption of alcoholic beverages
                                                    Regulatory Flexibility Act                              will now have to have primary
which will ‘‘lose’’ the funds, and the
State Highway Safety Office (SHSO),                   In compliance with the Regulatory                     enforcement of an open container law
which will ‘‘gain’’ the funds must                  Flexibility Act (Pub. L. 96–354, 5 U.S.C.               with simple possession as a violation.’’
jointly decide.                                     601–612), the agencies have evaluated                   NCSL noted that the UMRA requires
   The State DOT and SHSO officials                 the effects of this action on small                     agencies to prepare a written assessment
will provide written notification of their          entities. This rulemaking implements a                  of the anticipated costs and benefits of
funding decisions to the agencies,                  new program enacted by Congress in the                  any unfunded Federal mandate and that
within 60 days of the transfer,                     TEA 21 Restoration Act. As the result of                NHTSA failed to do so. NCSL asserted
identifying the amounts of apportioned              this new Federal program, and the                       also that NHTSA failed to consult with


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51538         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

State officials to determine the financial          List of Subjects in 23 CFR Part 1270                    requirements of 23 U.S.C. 154 and 23 CFR
and political ramifications of this                                                                         1270.4, (citations to pertinent State statutes,
                                                      Alcohol and alcoholic beverages,                      regulations, case law or other binding legal
regulatory proposal.                                Grant programs—Transportation,                          requirements, including definitions, as
   The agencies do not believe that the             Highway Safety.                                         needed), and will become effective and be
rule will result in an unfunded mandate               In consideration of the foregoing, the                enforced as of (effective date of the law).
because the Section 154 program is                  interim final rule published in the                     *     *    *    *      *
optional to the States. States may choose           Federal Register of October 6, 1998, 63                   4. Section 1270.6 is amended by
to enact and enforce a conforming open              FR 53580, is adopted as final, with the                 adding paragraph (c) to read as follows:
container law and avoid the transfer of             following changes:
funds altogether. Alternatively, if States          SUBCHAPTER D—TRANSFER AND
                                                                                                            § 1270.6   Transfer of Funds.
choose not to enact and enforce a                   SANCTION PROGRAMS                                       *      *    *      *    *
conforming law, funds will be                                                                                  (c) On October 1, the transfers to
transferred, but no funds will be                   PART 1270—OPEN CONTAINER LAWS                           Section 402 apportionments will be
withheld from any State. Moreover, the                                                                      made based on proportionate amounts
agencies do not believe that the                      1. The authority citation for part 1270
                                                    continues to read as follows:                           from each of the apportionments under
resulting cost to States from                                                                               Sections 104(b)(1), (b)(3) and (b)(4).
implementing conforming laws will be                  Authority: 23 U.S.C. 154; delegation of               Then the State’s Department of
over $100 million. Prior to the passage             authority at 49 CFR 1.48 and 1.50.                      Transportation will be given until
of TEA 21, many States already had                  § 1270.3    [Amended]                                   October 30 to notify FHWA, through the
enacted and were enforcing open                                                                             appropriate Division Administrator, if
container laws. Some of these States                   2. Section 1270.3 is amended by                      they would like to change the
have amended their laws to conform to               revising paragraph (f) to read as follows:              distribution among Section 104(b)(1),
the new Section 154 requirements, but               *      *     *    *     *                               (b)(3) and (b)(4).
such changes will not result in                        (f) Public highway or right-of-way of a
                                                    public highway means the width                             5. Section 1270.7 is amended by
expenditures of over $100 million. For                                                                      redesignating paragraphs (c) through (f)
States that did not previously have open            between and immediately adjacent to
                                                    the boundary lines of every way                         as paragraphs (d) through (g) and by a
container laws, the cost to enact such                                                                      adding new paragraph (c) to read as
laws will be minimal. There may be                  publicly maintained when any part
                                                    thereof is open to the use of the public                follows:
some costs to provide training to law
enforcement or other officials or to                for purposes of vehicular travel;                       § 1270.7   Use of Transferred Funds.
educate the public about these changes,             inclusion of the roadway and shoulders                  *     *     *     *     *
but these costs are not likely to be                is sufficient.
                                                                                                              (c) No later than 60 days after the
significant.                                        *      *     *    *     *                               funds are transferred under § 1270.6, the
   In the interim final rule, the agencies             3. Section 1270.5 is amended by                      Governor’s Representative for Highway
recommended that States incorporate                 revising paragraph (b) to read as follows:              Safety and the Secretary of the State’s
into their enforcement efforts activities                                                                   Department of Transportation for each
                                                    § 1270.5    Certification Requirements.
designed to inform law enforcement                                                                          State shall jointly identify, in writing to
                                                       (a) * * *                                            the appropriate NHTSA Administrator
officers, prosecutors, members of the                  (b) The certification shall be made by
judiciary and the public about their                                                                        and FHWA Division Administrator, how
                                                    an appropriate State official, and it shall             the funds will be programmed among
open container laws. In addition, the               provide that the State has enacted and
agencies advised States to take steps to                                                                    alcohol-impaired driving programs,
                                                    is enforcing an open container law that                 hazard elimination programs and
integrate their open container                      conforms to 23 U.S.C. 154 and § 1270.4
enforcement efforts into their                                                                              planning and administration costs.
                                                    of this part.
enforcement of other impaired driving                  (1) If the State’s open container law is             *     *     *     *     *
laws. If States take these steps, the cost          currently in effect and is being enforced,                Issued on: August 16, 2000.
to enforce such laws would likely be                the certification shall be worded as                    Anthony R. Kane,
absorbed into the State’s overall law               follows:                                                Executive Director, Federal Highway
enforcement budget because the States               (Name of certifying official), (position title),        Administration.
would not be required to conduct                    of the (State or Commonwealth) of            , do       L. Robert Shelton,
separate enforcement efforts to enforce             hereby certify that the (State or                       Executive Director, National Highway Traffic
open container laws.                                Commonwealth) of            , has enacted and           Safety Administration.
   Accordingly, the agencies do not                 is enforcing a open container law that                  [FR Doc. 00–21564 Filed 8–23–00; 8:45 am]
                                                    conforms to the requirements of 23 U.S.C.
believe that it is necessary to prepare a           154 and 23 CFR 1270.4, (citations to                    BILLING CODE 4910–59–P
written assessment of the costs and                 pertinent State statutes, regulations, case law
benefits, or other effects of the rule.             or other binding legal requirements,
                                                    including definitions, as needed).                      DEPARTMENT OF TRANSPORTATION
Executive Order 13132 (Federalism)
                                                       (2) If the State’s open container law is             Coast Guard
  This action has been analyzed in                  not currently in effect, but will become
accordance with the principles and                  effective and be enforced by October 1                  33 CFR Part 117
criteria contained in Executive Order               of the following fiscal year, the
13132, and it has been determined that              certification shall be worded as follows:               [CGD01–00–205]
this action does not have sufficient                   (Name of certifying official), (position
federalism implications to warrant the              title), of the (State or Commonwealth) of               Drawbridge Operation Regulations:
preparation of a federalism assessment.                      , do hereby certify that the (State or         Harlem River, NY
Accordingly, a Federalism Assessment                Commonwealth) of              , has enacted an
has not been prepared.                              open container law that conforms to the                 AGENCY:    Coast Guard, DOT.


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51539

ACTION: Notice of temporary deviation                DEPARTMENT OF TRANSPORTATION                            hazards associated with the fireworks
from regulations.                                                                                            display.
                                                     Coast Guard
SUMMARY:    The Commander, First Coast                                                                       Background and Purpose
Guard District, has issued a temporary               33 CFR Part 165                                           The Coast Guard is establishing a
deviation from the drawbridge operation                                                                      temporary safety zone for the 1812
regulations for the Third Avenue Bridge,             [CGD05–00–035]
                                                                                                             Overture Fireworks Display to be held
at mile 1.9, across the Harlem River in              RIN 2115–AA97                                           on a deck barge in Chesapeake Bay
New York City. This deviation from the                                                                       adjacent to Fort Monroe, Hampton,
regulations allows the bridge owner to               Safety Zone; Chesapeake Bay,                            Virginia. The safety zone will restrict
require at least a 48 hour advance notice            Hampton, VA.                                            vessel traffic on a portion of the
for openings from 10 a.m. to 5 p.m.,                                                                         Chesapeake Bay, within a 1000-foot
                                                     AGENCY:     Coast Guard, DOT.
daily, from August 4, 2000 through                                                                           radius of the fireworks deck barge,
September 17, 2000. This action is                   ACTION:    Temporary final rule.
                                                                                                             located in approximate position
necessary to facilitate manual operation             SUMMARY: The Coast Guard is                             37°00′03″N, 076°18′26″W (NAD 1983).
of the bridge and electrical repairs at the          establishing a temporary safety zone for                The safety zone is necessary to protect
bridge.                                              the 1812 Overture Fireworks display to                  mariners and spectators from the
DATES: This deviation is effective                   be held on a deck barge in Chesapeake                   hazards associated with the fireworks
August 4, 2000, through September 17,                Bay, adjacent to Fort Monroe, Hampton,                  display.
2000.                                                Virginia. This action is intended to                      The safety zone is effective from 8
FOR FURTHER INFORMATION CONTACT: Joe                 restrict vessel traffic on Chesapeake Bay,              p.m. until 9 p.m. on August 24, 2000.
Arca, Project Officer, First Coast Guard             within a 1000-foot radius of a fireworks                Entry into this safety zone is prohibited
District, at (212) 668–7165.                         laden barge. The safety zone is                         unless authorized by the Captain of the
SUPPLEMENTARY INFORMATION: The Third                 necessary to protect mariners and                       Port Hampton Roads. Public
Avenue Bridge, at mile 1.9, across the               spectators from the hazards associated                  notifications will be made prior to the
Harlem River has a vertical clearance of             with the fireworks display.                             event via local notice to mariners and
25 feet at mean high water, and 30 feet              DATES: This temporary final rule is                     marine information broadcasts.
at mean low water in the closed                      effective from 8 p.m. until 9 p.m. on
position.                                            August 24, 2000.                                        Regulatory Evaluation
   The existing operating regulations in             ADDRESSES: USCG Marine Safety Office                       This temporary final rule is not a
33 CFR 117.789(a) require the bridge to              Hampton Roads maintains the public                      ‘‘significant regulatory action’’ under
open on signal from 10 a.m. to 5 p.m.,               docket for this rulemaking. Documents                   section 3(f) of Executive Order 12866
daily.                                               indicated in this preamble as being                     and does not require an assessment of
   The bridge owner, the New York City               available in this docket, will become                   potential costs and benefits under
Department of Transportation, requested              part of this docket and will be available               section 6(a)(3) of that Order. The Office
a temporary deviation from the                       for inspection or copying at the Marine                 of Management and Budget has not
drawbridge operating regulations                     Safety Office, 200 Granby St., Norfolk,                 reviewed it under that Order. It is not
because the electrical operating system              VA, 23510 between 8 a.m. and 4 p.m.,                    ‘‘significant’’ under the regulatory
for the Third Avenue Bridge has failed               Monday through Friday, except Federal                   policies and procedures of the
and the bridge can be opened only by                 holidays.                                               Department of Transportation (DOT)(44
manual operation. The bridge owner                   FOR FURTHER INFORMATION CONTACT:                        FR 11040; February 26, l979).
needs at least a 48 hour advance notice              Chief Petty Officer Roddy Corr, project                    We expect the economic impact of
to facilitate the mobilization of                    officer, USCG Marine Safety Office                      this temporary final rule to be so
equipment and personnel to open the                  Hampton Roads, telephone number                         minimal that a full Regulatory
bridge manually during the time period               (757) 441–3290.                                         Evaluation under paragraph 10e of the
the electrical operating system is being                                                                     regulatory policies and procedures of
                                                     SUPPLEMENTARY INFORMATION:
repaired.                                                                                                    DOT is unnecessary. This temporary
   This deviation to the operating                   Regulatory History                                      final rule will only affect a limited area
regulations allows the owner of the
                                                        A Notice of Proposed Rulemaking                      for one hour and only affects the waters
Third Avenue Bridge to require at least
                                                     (NPRM) was not published for this                       of Chesapeake Bay adjacent to Fort
a 48 hour advance notice for openings,
                                                     regulation. In keeping with 5 U.S.C. 553,               Monroe within a 1000-foot radius of the
10 a.m. to 5 p.m., August 4, 2000
                                                     the Coast Guard finds that good cause                   fireworks deck barge. Alternative routes
through September 17, 2000. Vessels
                                                     exists for not publishing a NPRM. In                    exist for maritime traffic, and advance
that can pass under the bridge without
                                                     keeping with the requirements of 5                      notification via marine information
an opening may do so at all times.
                                                     U.S.C. 553(d)(3), the Coast Guard also                  broadcasts will enable mariners to plan
   In accordance with 33 CFR 117.35(c),
                                                     finds good cause exists for making this                 their transit to avoid the safety zones.
this work will be performed with all due
                                                     regulation effective less than 30 days
speed in order to return the bridge to                                                                       Small Entities
                                                     after publication in the Federal
normal operation as soon as possible.
                                                     Register. The Coast Guard received                        Under the Regulatory Flexibility Act
This deviation from the operating
                                                     confirmation of this request for a                      (5 U.S.C. 601 et seq.), we considered
regulations is authorized under 33 CFR
                                                     temporary safety zone on July 6, 2000.                  whether this rule would have a
117.35.
                                                     There was insufficient time to publish a                significant economic impact on a
  Dated: August 15, 2000.                            proposed rule in advance of the event.                  substantial number of small entities.
G.N. Naccara,                                        Publishing an NPRM and delaying the                     The term ‘‘small entities’’ comprises
Rear Admiral, U.S. Coast Guard, Commander,           effective date of the regulation would be               small businesses, not-for-profit
First Coast Guard District.                          contrary to the public interest, because                organizations that are independently
[FR Doc. 00–21567 Filed 8–23–00; 8:45 am]            immediate action is necessary to protect                owned and operated and are not
BILLING CODE 4910–15–U                               the vessels and spectators from the                     dominant in their fields, and


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51540         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

governmental jurisdictions with                     costs. This rule would not impose an                       (b) Captain of the Port. Captain of the
populations of less than 50,000.                    unfunded mandate.                                       Port means the Commanding Officer of
   This safety zone will not have a                                                                         the Marine Safety Office Hampton
significant economic impact on a                    Taking of Private Property
                                                                                                            Roads, Norfolk, VA or any Coast Guard
substantial number of small entities for              This rule will not effect a taking of                 commissioned, warrant, or petty officer
the following reasons: This regulation              private property or otherwise have                      who has been authorized to act on his
will be in effect for one hour and only             taking implications under Executive                     behalf.
affects the waters of the Chesapeake Bay            Order 12630, Governmental Actions and                      (c) Regulations. (1) All persons are
adjacent to Fort Monroe within a 1000-              Interference with Constitutionally                      required to comply with the general
foot radius of the fireworks deck barge,            Protected Property Rights.                              regulations governing safety zones
and advance notification via marine                 Civil Justice Reform                                    found in § 165.23 of this part.
information broadcasts will enable                                                                             (2) Persons or vessels requiring entry
mariners to plan their transit to avoid               This rule meets applicable standards                  into or passage through a safety zone
entering the safety zone.                           in sections 3(a) and 3(b)(2) of Executive               must first request authorization from the
   Therefore, the Coast Guard certifies             Order 12988, Civil Justice Reform, to                   Captain of the Port. The Captain of the
under 5 U.S.C. 605(b) that this rule will           minimize litigation, eliminate                          Port’s representative enforcing the safety
not have a significant economic impact              ambiguity, and reduce burden.                           zone can be contacted on VHF marine
on a substantial number of small                    Protection of Children                                  band radio, channels 13 and 16. The
entities.                                                                                                   Captain of the Port can be contacted at
                                                      We have analyzed this rule under
Assistance for Small Entities                                                                               telephone number (757) 484–8192.
                                                    Executive Order 13045, Protection of                       (3) The Captain of the Port will notify
  Under section 213(a) of the Small                 Children from Environmental Health                      the public of changes in the status of
Business Regulatory Enforcement                     Risks and Safety Risks. This rule is not                this safety zone by marine information
Fairness Act of 1996 (Public Law 104–               an economically significant rule and                    broadcast on VHF marine band radio,
121), we offered to assist small entities           does not concern an environmental risk                  channel 22 (157.1 MHz).
in understanding the rule so that they              to health or risk to safety that may                       (d) Effective dates. This section will
can better evaluate its effects on them             disproportionately affect children.                     be effective from 8 p.m. until 9 p.m. on
and participate in the rulemaking                   Environment                                             August 24, 2000.
process. No requests for assistance in
                                                       The Coast Guard considered the                         Dated: August 4, 2000.
understanding this rule were received.
  Small businesses may send comments                environmental impact of this temporary                  L. M. Brooks,
on the actions of Federal employees                 final rule and concluded that under                     Captain, U.S. Coast Guard, Captain of the
who enforce, or otherwise determine                 figure 2–1, paragraph (34)(g), of                       Port, Hampton Roads.
compliance with, Federal regulations to             Commandant Instruction M16475.lC,                       [FR Doc. 00–21569 Filed 8–23–00; 8:45 am]
the Small Business and Agriculture                  this rule is categorically excluded from                BILLING CODE 4910–15–U
Regulatory Enforcement Ombudsman                    further environmental documentation.
and the Regional Small Business                     A ‘‘Categorical Exclusion
Regulatory Fairness Boards. The                     Determination’’ will be available in the                DEPARTMENT OF TRANSPORTATION
Ombudsman evaluates these actions                   docket where indicated under
                                                    ADDRESSES.                                              Coast Guard
annually and rates each agency’s
responsiveness to small business. If you            List of Subjects in 33 CFR Part 165                     33 CFR Part 165
wish to comment on actions by
                                                      Harbors, Marine safety, Navigation
employees of the Coast Guard, call 1–
                                                    (water), Reporting and recordkeeping                    [CGD01–00–203]
888–REG–FAIR (1–888–734–3247).
                                                    requirements, Security measures,                        RIN 2115–AA97
Collection of Information                           Waterways.
   This rule calls for no new collection              For the reasons discussed in the                      Safety Zone: McArdle (Meridian Street)
of information under the Paperwork                  preamble, the Coast Guard amends 33                     Bridge, Chelsea River, Chelsea, MA
Reduction Act of 1995 (44 U.S.C. 3501               CFR part 165 as follows:                                AGENCY:    Coast Guard, DOT.
et seq.).
                                                    PART 165—[AMENDED]                                      ACTION:   Temporary final rule.
Federalism
                                                      1. The authority citation for Part 165                SUMMARY: The Coast Guard is
  We have analyzed this rule under
                                                    continues to read as follows:                           establishing a temporary safety zone on
Executive Order 13132 and have
                                                                                                            the Chelsea River for the McArdle
determined that this rule does not have               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                    33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
                                                                                                            Bridge. The safety zone temporarily
implications for federalism under that
                                                    49 CFR 1.46. § 165.100 is also issued under             closes all waters of the Chelsea River
order.
                                                    authority of Sec. 311, Pub. L. 105–383.                 100 yards upstream and 100 yards
Unfunded Mandates Reform Act                                                                                downstream from the centerline of the
                                                      2. Add temporary § 165.T05–035 to                     McArdle Bridge. The safety zone is
  The Unfunded Mandates Reform Act                  read as follows:
of 1995 (2 U.S.C. 1531–1538) governs                                                                        needed to protect vessels from the
the issuance of federal regulations that            § 165.T05–035 Safety Zone; Chesapeake                   hazards posed during repairs to the
require unfunded mandates. An                       Bay, Hampton, VA.                                       bascule floor beams and bridge fender
unfunded mandate is a regulation that                 (a) Location. The following area is a                 system.
requires a state, local, or tribal                  safety zone: All waters of the                          DATES:  This rule is effective from
government or the private sector to                 Chesapeake Bay within a 1000-foot                       Friday, August 11, 2000, through
incur direct costs without the Federal              radius of a fireworks laden barge in                    Friday, October 6, 2000. During the
Government’s having first provided the              approximate position 37°00′03″N,                        effective dates, the channel will be
funds to pay those unfunded mandate                 076°18′26″W.                                            closed Monday through Thursday from


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51541

sunset to sunrise, and Friday at sunset             stakeholders and promoted a consensus                   Small Entities
until Monday at sunrise each week.                  of the most favorable channel closure                      Under the Regulatory Flexibility Act
Monday through Friday from sunrise to               times.                                                  (5 U.S.C. 601–612.), the Coast Guard
sunset each day, the channel will be                   The repair work requires the closures
                                                                                                            considered whether this rule would
open with construction on-going.                    to extend for at least 48 hours once a
                                                                                                            have a significant economic impact on
ADDRESSES: Documents as indicated in                week, which minimizes lost work time
                                                                                                            a substantial number of small entities.
this preamble are part of docket CGD01–             due to setting up and cleaning the site
                                                                                                            ‘‘Small entities’’ may include (1) small
00–203 and are available for inspection             for ship traffic, and minimizes the
                                                                                                            businesses and not-for-profit
or copying at Marine Safety Office                  number of times the river will be
                                                                                                            organizations that are independently
Boston, 455 Commercial Street, Boston,              required to be closed for repair work.
                                                                                                            owned and operated and are not
MA between the hours of 8 a.m. and 3                The Coast Guard was able to balance
                                                    this need with community demands                        dominant in their fields and (2)
p.m., Monday through Friday, except                                                                         governmental jurisdictions with
Federal holidays.                                   through the aforementioned open
                                                    forum. The group arrived at a consensus                 populations of less than 50,000. The
FOR FURTHER INFORMATION CONTACT:                                                                            Coast Guard certifies under section
                                                    between marine operators, the bridge
Lieutenant (Junior Grade) David Sherry,                                                                     605(b) of the Regulatory Flexibility Act
                                                    owner, Massachusetts State Highway
Waterways Management Division, Coast                officials, construction contractor, and                 (5 U.S.C. 601 et seq.) that this rule will
Guard Marine Safety Office Boston,                  harbor pilots. 33 Code of Federal                       not have a significant impact on a
(617) 223–3000.                                     Regulations, § 165.120 places                           substantial number of small entities.
SUPPLEMENTARY INFORMATION:                          limitations on night time Chelsea River                    This rule will affect the following
                                                    transits, making daylight hours more                    entities, some of which may be small
Regulatory Information                                                                                      entities: the owners or operators of
                                                    favorable to maritime commerce in the
  Pursuant to 5 U.S.C 553, a notice of              river. Therefore, the group, based on the               vessels intending to transit or anchor in
proposed rulemaking (NPRM) was not                  contractor’s recommendation, agreed                     a portion of the Chelsea River between
published for this regulation. Good                 that the majority of the closures should                August 11, 2000 through October 6,
cause exists for not publishing a NPRM              occur between sunset and sunrise. The                   2000.
and for making this regulation effective            safety zone will be effective from                         This safety zone will not have a
in less than 30 days after Federal                  Friday, August 11, 2000 through Friday,                 significant economic impact on a
Register publication. Conclusive                    October 6, 2000. During the effective                   substantial number of small entities for
information about bridge repairs to the             dates, the channel will be closed                       the following reasons: The Coast Guard
McCardle Bridge were not provided to                Monday through Thursday from sunset                     will issue maritime advisories before the
the Coast Guard until August 1, 2000,               to sunrise, and Friday at sunset until                  effective period that will be widely
making it impossible to draft or publish            Monday at sunrise each week. Monday                     available to users of the river; and the
a NPRM or a final rule 30 days in                   through Friday from sunrise to sunset                   closures are based on waterway user
advance of its effective date. Publishing           each day, the channel will be open with                 input.
a NPRM and delaying its effective date              construction on-going. The Coast Guard                  Assistance for Small Entities
would be contrary to public interest                will make Marine Safety Information
since immediate action is needed to                 Broadcasts and Local Notice to Mariners                    Under section 213(a) of the Small
close a portion of the Chelsea River and            announcements informing mariners of                     Business Regulatory Enforcement
protect the maritime public from the                this safety zone.                                       Fairness Act of 1996 (Pub. L. 104–121),
hazards associated with bridge repair                                                                       the Coast Guard offered to assist small
activities.                                         Regulatory Evaluation                                   entities in understanding this final rule
                                                       This final rule is not a significant                 so that they could better evaluate its
Background and Purpose                                                                                      effects on them and participate in the
                                                    regulatory action under section 3(f) of
   The McArdle Bridge over the Chelsea              Executive Order 12866 and does not                      rulemaking process. The Coast Guard
River, Chelsea, MA, fender system and               require an assessment of potential costs                coordinated meetings on May 18 and 26,
bascule floor beams require repairs.                and benefits under section 6(a)(3) of that              June 12 and 18, and August 1, 2000,
During the repair evolution, barges will            Order. The Office of Management and                     involving Chelsea River users to gain
be moored in the center of the channel.             Budget has not reviewed it under that                   input and feedback on closures. The
Barge placement requires the closure of             Order. It is not significant under the                  group organized and agreed upon the
the waterway to ensure vessel safety                regulatory policies and procedures of                   schedule provided. If your small
during repairs to the bridge fender                 the Department of Transportation (DOT)                  business or organization would be
system. Additionally, certain structural            (44 FR 11040; February 26, 1979). The                   affected by this final rule and you have
repair work will prevent the bridge from            Coast Guard expects the economic                        questions concerning its provisions or
opening for prolonged periods.                      impact of this rule to be so minimal that               options for compliance, please call
   This regulation establishes a safety             a full regulatory evaluation under                      Lieutenant (Junior Grade) David Sherry,
zone in all waters of the Chelsea River             paragraph 10e of the regulatory policies                telephone (617) 223–3000.
100 yards upstream and 100 yards                    and procedures of DOT is unnecessary.                      The Ombudsman at Regulatory
downstream from the centerline of the               This finding is based on the limited                    Enforcement for Small Business and
McArdle Bridge. This safety zone                    duration of the safety zone and limited                 Agriculture, and 10 Regional Fairness
prohibits entry into or movement within             commercial traffic expected in the area                 Boards, were established to receive
this portion of the Chelsea River. In an            during the effective periods. Moreover,                 comments from small business about
effort to maximize commerce during the              commercial operators will receive                       enforcement by Federal agencies. The
closures, waterway users were invited to            advance channel closure notification                    Ombudsman evaluates these actions
provide input at meetings on the                    through Port Operators Group meetings,                  annually and rates each agency’s
following dates: May 18 and 26, June 12             Safety Marine Information Broadcasts                    responsiveness to small business. If you
and 18, and August 1, 2000. The                     and industry dissemination. The early                   wish to comment on actions by
meetings, hosted by Marine Safety                   notification will permit mariners ample                 employees of the Coast Guard, call 1–
Office Boston, were attended by 15                  time to alter voyage plans.                             888–REG–FAIR (1–888–734–3247).


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51542         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

Collection of Information                           requirements, Security measures,                        DEPARTMENT OF AGRICULTURE
  This proposal calls for no new                    Waterways.
                                                                                                            Forest Service
collection of information under the                   For reasons discussed in the
Paperwork Reduction Act of 1995 (44                 preamble, the Coast Guard amends 33                     36 CFR Part 242
U.S.C. 3501–3520.).                                 CFR part 165 as follows:
Federalism                                                                                                  DEPARTMENT OF THE INTERIOR
                                                    PART 165—REGULATED NAVIGATION
  The Coast Guard analyzed this rule                AREAS AND LIMITED ACCESS AREAS                          Fish and Wildlife Service
under Executive Order 13132 and has
determined that this rule does not have               1. The authority citation for part 165                50 CFR Part 100
federalism implications under that                  continues to read as follows:
order.                                                                                                      Subsistence Management Regulations
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Unfunded Mandates Reform Act                        33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49             for Public Lands in Alaska, Subpart D;
                                                    CFR 1.46.                                               Emergency Closures and
  The Unfunded Mandates Reform Act                                                                          Adjustments—Kuskokwim Drainage,
of 1995 (2 U.S.C. 1531–1538) governs                  2. Add temporary § 165.T01–203 to                     Redoubt Lake, and Yukon Drainage
the issuance of Federal regulations that            read as follows:
require unfunded mandates. An                                                                               AGENCIES: Forest Service, USDA; Fish
unfunded mandate is a regulation that               § 165.T01–203 Safety Zone: McArdle                      and Wildlife Service, Interior.
requires a State, local, or tribal                  Bridge, Chesea River, Chelsea, MA.                      ACTION: Emergency closures and
government or the private sector to                    (a) Location. The following area is a                adjustments.
incur direct costs without the Federal              safety zone:                                            SUMMARY: This provides notice of the
Government’s having first provided the
funds to pay those unfunded mandate                    All waters of the Chelsea River 100                  Federal Subsistence Board’s emergency
costs. This rule will not impose an                 yards upstream and 100 yards                            closures and adjustments to protect
unfunded mandate.                                   downstream from the centerline of the                   chinook salmon escapement in the
                                                    McArdle Bridge.                                         Kuskokwim River drainage, chinook
Taking of Private Property                                                                                  and summer chum salmon escapement
                                                       (b) Effective dates. This rule is                    in the Yukon River drainage, and
  This rule will not effect a taking of             effective Friday, August 11, 2000
private property or otherwise have                                                                          sockeye salmon escapement in Redoubt
                                                    through Friday, October 11, 2000.                       Lake. These closures and adjustments
taking implications under E.O. 12630,               During the effective dates, the channel
Governmental Actions and Interference                                                                       provide an exception to the Subsistence
                                                    will be closed Monday through                           Management Regulations for Public
with Constitutionally Protected Property            Thursday from sunset to sunrise, and
Rights.                                                                                                     Lands in Alaska, published in the
                                                    Friday at sunset until Monday at sunrise                Federal Register on January 8, 1999.
Civil Justice Reform                                each week. Monday through Friday                        Those regulations redefined the area
   This rule meets applicable standards             from sunrise to sunset each day, the                    subject to the subsistence priority for
in sections 3(a) and 3(b)(2) of E.O.                channel will be open with construction                  rural residents of Alaska under Title VIII
12988, Civil Justice Reform, to minimize            on-going.                                               of the Alaska National Interest Lands
litigation, eliminate ambiguity, and                   (c) Regulations.                                     Conservation Act of 1980, and also
reduce burden.                                                                                              established regulations for seasons,
                                                       (1) Entry into or movement within                    harvest limits, methods, and means
Protection of Children                              this zone is prohibited unless                          relating to the taking of fish and
                                                    authorized by the Captain of The Port                   shellfish for subsistence uses during the
  We have analyzed this rule under E.O.             Boston.
13045, Protection of Children from                                                                          2000 regulatory year.
Environmental Health Risks and Safety                  (2) All persons and vessels shall                    DATES: The Kuskokwim River drainage
Risks. This rule is not an economically             comply with the instructions of the                     closure and restrictions are effective
significant rule and does not pose an               COTP or the designated on-scene U.S.                    July 10, 2000, through September 10,
environmental risk to health or risk to             Coast Guard patrol personnel. U.S.                      2000. The Redoubt Lake closure is
safety that may disproportionately affect           Coast Guard patrol personnel include                    effective July 13, 2000, through August
children.                                           commissioned, warrant, and petty                        31, 2000. The Yukon River drainage
                                                    officers of the Coast Guard.                            restrictions are effective July 19, 2000,
Environment                                                                                                 through September 17, 2000.
                                                       (3) The general regulations covering
  The Coast Guard considered the                    safety zones in § 165.23 of this part                   FOR FURTHER INFORMATION CONTACT:
environmental impact of this final rule             apply.                                                  Thomas H. Boyd, Office of Subsistence
and concluded that under Figure 2–1,                                                                        Management, U.S. Fish and Wildlife
paragraph 34(g), of Commandant                        Dated: August 9, 2000.                                Service, telephone (907) 786–3888. For
Instruction M16475.1C, this rule is                 M.E. Landry,                                            questions specific to National Forest
categorically excluded from further                 Commander, U.S. Coast Guard, Acting                     System lands, contact Ken Thompson,
environmental documentation. A                      Captain of the Port, Boston, Massachusetts.             Subsistence Program Manager, USDA—
Categorical Exclusion Determination is              [FR Doc. 00–21568 Filed 8–23–00; 8:45 am]               Forest Service, Alaska Region,
available in the docket for inspection or           BILLING CODE 4910–15–U
                                                                                                            telephone (907) 786–3592.
copying where indicated under                                                                               SUPPLEMENTARY INFORMATION:
ADDRESSES.
                                                                                                            Background
List of Subjects in 33 CFR Part 165
                                                                                                              Title VIII of the Alaska National
  Harbors, Marine safety, Navigation                                                                        Interest Lands Conservation Act
(water), Reporting and recordkeeping                                                                        (ANILCA) (16 U.S.C. 3111–3126)


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51543

requires that the Secretary of the Interior         returning to the Kuskokwim River and                    Yukon River Drainage
and the Secretary of Agriculture                    its tributaries to meet escapement on the
(Secretaries) implement a joint program                                                                        Returns of chinook and summer chum
                                                    spawning grounds. All king salmon
to grant a preference for subsistence                                                                       salmon to the Yukon River are at or near
                                                    escapement monitoring projects are
uses of fish and wildlife resources on                                                                      recorded lows. Low catches of chinook
                                                    showing extremely weak king salmon
public lands, unless the State of Alaska                                                                    salmon have also been reported by
                                                    returns (60–85% lower than in recent                    many subsistence fishermen. Federal
enacts and implements laws of general               years) throughout the Kuskokwim River
applicability that are consistent with                                                                      and State Managers and many
                                                    drainage. This extremely low                            subsistence users in the region have
ANILCA and that provide for the                     escapement could jeopardize the
subsistence definition, preference, and                                                                     strong concerns that not enough
                                                    viability of future returns. This is the                chinook or summer chum salmon will
participation specified in Sections 803,            second consecutive year with poor
804, and 805 of ANILCA. In December                                                                         reach their spawning grounds. All
                                                    chinook salmon returns for the                          chinook and summer chum salmon
1989, the Alaska Supreme Court ruled
                                                    Kuskokwim River. Subsistence users are                  escapement monitoring projects show
that the rural preference in the State
                                                    also reporting very low catches of king                 that the returns of these species are very
subsistence statute violated the Alaska
Constitution and, therefore, negated                salmon.                                                 weak throughout the entire Yukon River
State compliance with ANILCA.                          The State Board of Fisheries (BOF)                   drainage. The various weirs, sonars and
   The Department of the Interior and               met on Saturday July 8, 2000 to review                  counting stations in the drainage
the Department of Agriculture                       the status of king salmon returns on the                reported chinook salmon returns 41% to
(Departments) assumed, on July 1, 1990,             Kuskokwim River and determined that                     85% below average and summer chum
responsibility for implementation of                an emergency exists. The BOF then took                  returns 49% to 91% below average.
Title VIII of ANILCA on public lands.               action to (1) restrict drift and set gill net              The Alaska Department of Fish and
Consistent with Subparts A, B, and C of             mesh size to six inches or less for the                 Game issued Emergency Orders closing
these regulations, as revised January 8,            subsistence fishery in the entire                       sport fishing for chinook and chum
1999, (64 FR 1276), the Departments                 Kuskokwim River drainage, and (2)                       salmon in the Yukon drainage and
established a Federal Subsistence Board             reduce the daily bag and possession                     restricting subsistence fishing to certain
to administer the Federal Subsistence               limit in the entire Kuskokwim River                     times each week in the various fishing
Management Program. The Board’s                     drainage to one king salmon when                        districts along the river. The commercial
composition includes a Chair appointed              subsistence fishing using a line attached               and personal use fishery in the Yukon
by the Secretary of the Interior with                                                                       River had previously been closed.
                                                    to a rod or pole. In addition, ADF&G has
concurrence of the Secretary of                                                                                On July 19, the Federal Subsistence
                                                    closed the sport fishery for king salmon
Agriculture; the Alaska Regional                                                                            Board instituted the following
                                                    in the entire Kuskokwim River drainage
Director, U.S. Fish and Wildlife Service;                                                                   adjustments for the Yukon River
the Alaska Regional Director, U.S.                  and no commercial fishing periods are
                                                    being considered for the Kuskokwim                      drainage:
National Park Service; the Alaska State
                                                    River.                                                     During any commercial salmon
Director, U.S. Bureau of Land
                                                                                                            fishing season closure of greater than
Management; the Alaska Regional                        On July 10, the Federal Subsistence
                                                                                                            five days in duration, you may take
Director, U.S. Bureau of Indian Affairs;            Board adopted an emergency action
                                                                                                            salmon only during the following
and the Alaska Regional Forester, USDA              restricting drift and set gillnet mesh size
                                                                                                            periods in the following districts:
Forest Service. Through the Board, these            to six inches or less for the subsistence
agencies participate in the development             fishery in the Kuskokwim River                             (A) In Districts 1, 2, and 3, salmon
of regulations for Subparts A, B, and C,            drainage within the boundaries of the                   may be taken from 9:00 a.m. until 9:00
and the annual Subpart D regulations.               Yukon Delta National Wildlife Refuge,                   p.m. each Saturday;
   Because this rule relates to public              and reducing the daily bag and                             (B) In District 4, salmon may be taken
lands managed by an agency or agencies              possession limit in the Kuskokwim                       from 6:00 p.m. Tuesday until 6:00 p.m.
in both the Departments of Agriculture              River drainage to one chinook salmon                    Wednesday and from 6:00 p.m. Friday
and the Interior, identical closures and            with a rod and reel. The gear restriction               until 6:00 p.m. Saturday;
adjustments would apply to 36 CFR part              to six inches or less will minimize the                    (C) In District 5, salmon may be taken
242 and 50 CFR part 100.                            chinook harvest to a few smaller fish                   from 9:00 p.m. Saturday until 9:00 p.m.
   Subpart D regulations for the 2000               (which are predominantly male) while                    Sunday, from 9:00 p.m. Tuesday until
fishing seasons and harvest limits, and             allowing subsistence users the                          9:00 a.m. Wednesday, and from 9:00
methods and means were published on                 opportunity to continue to harvest                      p.m. Thursday until 9:00 a.m. Friday;
January 8, 1999, (64 FR 1276).                      chum, sockeye, and coho salmon,                            (D) In District 6, salmon may be taken
   These emergency closures and                                                                             from 6:00 p.m. Monday until 6:00 p.m.
                                                    whitefish and other resident fish
adjustments are necessary because of                                                                        Tuesday.
                                                    species. The smaller gillnet mesh would
extremely weak returns of chinook
(king) salmon in the Kuskokwim River                also protect the larger female king                        During any commercial salmon
drainage, of chinook and summer-run                 salmon. Female and large male king                      fishing season closure of greater than
chum salmon in the Yukon River                      salmon are more susceptible to a gillnet                five days in duration, you may take fish
drainage, and of sockeye (red) salmon in            with eight inch mesh or larger. The                     other than salmon only with gillnets
Redoubt Lake. These emergency actions               limited rod and reel harvest does allow                 with a stretched mesh size of 4 inches
are authorized and in accordance with               for subsistence users to catch a king                   or less or with other legal gear except
50 CFR 100.19(c) and 36 CFR 242.19(c).              salmon for immediate consumption                        fishwheels.
                                                    when necessary. This would also bring                      These adjustments bring the Federal
Kuskokwim River Drainage                            the Federal subsistence fishing                         subsistence fishing regulations in line
  The Federal Subsistence Board, the                regulations in line with the similar BOF                with the similar ADF&G action for
Alaska Department of Fish and Game,                 action for unified management and                       unified management and minimize
and subsistence users are concerned                 minimize confusion under the dual                       confusion under the dual management
that there are not enough king salmon               management system.                                      system.


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51544         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

Redoubt Lake                                        wildlife on such lands for other                        in Sections 3(a) and 3(b)(2) of Executive
  Based on sockeye salmon returns to                purposes, unless restriction is necessary               Order 12988.
Redoubt Lake, State and Federal                     to conserve healthy fish and wildlife                      In accordance with Executive Order
managers project an escapement of                   populations. A Section 810 analysis was                 13132, these emergency closures and
2,300 fish for the 2000 season. This                completed as part of the FEIS process.                  adjustments do not have sufficient
projection represents 6% of the average             The final Section 810 analysis                          federalism implications to warrant the
escapement of 36,000 sockeye during                 determination appeared in the April 6,                  preparation of a Federalism Assessment.
the period 1989–1999. Since the                     1992, ROD which concluded that the                      Title VIII of ANILCA precludes the State
projected escapement is well below                  Federal Subsistence Management                          from exercising management authority
desired levels for this system, the                 Program, under Alternative IV with an                   over wildlife resources on Federal
system is being closed to provide for               annual process for setting hunting and                  lands.
spawning escapement needs. The                      fishing regulations, may have some local                   In accordance with the President’s
Federal Subsistence Board on July 13                impacts on subsistence uses, but the                    memorandum of April 29, 1994,
closed the Federal freshwater sockeye               program is not likely to significantly                  ‘‘Government-to-Government Relations
subsistence fishery at Redoubt Lake due             restrict subsistence uses.                              with Native American Tribal
to the very low escapement numbers.                                                                         Governments’’ (59 FR 22951) and 512
                                                    Paperwork Reduction Act                                 DM 2, we have evaluated possible
This action parallels ADF&G action that
closed both sport and subsistence                     These emergency closures and                          effects on Federally recognized Indian
harvest for sockeye salmon in Redoubt               adjustments do not contain information                  tribes and have determined that there
Lake and Bay.                                       collection requirements subject to Office               are no effects. The Bureau of Indian
  The Board finds that additional public            of Management and Budget (OMB)                          Affairs is a participating agency in this
notice and comment requirements                     approval under the Paperwork                            rulemaking.
under the Administrative Procedures                 Reduction Act of 1995.                                  Drafting Information
Act (APA) for these emergency closures              Other Requirements                                        William Knauer drafted this
and adjustments are impracticable,
                                                       These emergency closures and                         document under the guidance of
unnecessary, and contrary to the public
                                                    adjustments are not subject to OMB                      Thomas H. Boyd, of the Office of
interest. Lack of appropriate and
                                                    review under Executive Order 12866.                     Subsistence Management, Alaska
immediate conservation measures could
                                                       The Regulatory Flexibility Act of 1980               Regional Office, U.S. Fish and Wildlife
seriously affect the continued viability
                                                    (5 U.S.C. 601 et seq.) requires                         Service, Anchorage, Alaska. Curt
of fish populations, adversely impact
                                                    preparation of flexibility analyses for                 Wilson, Alaska State Office, Bureau of
future subsistence opportunities for
                                                    rules that will have a significant effect               Land Management; Greg Bos, Alaska
rural Alaskans, and would generally fail
                                                    on a substantial number of small                        Regional Office, U.S. Fish and Wildlife
to serve the overall public interest.
                                                    entities, which include small                           Service; Sandy Rabinowitch, Alaska
Therefore, the Board finds good cause
                                                    businesses, organizations, or                           Regional Office, National Park Service;
pursuant to 5 U.S.C. 553(d) to waive
                                                    governmental jurisdictions. The                         Ida Hildebrand, Alaska Regional Office,
additional public notice and comment
                                                    Departments determined that these                       Bureau of Indian Affairs; and Ken
procedures prior to implementation of
                                                    emergency closures and adjustments                      Thompson, USDA-Forest Service,
these actions.
                                                    will not have a significant economic                    provided additional guidance.
Conformance with Statutory and                      effect on a substantial number of small                   Authority: 16 U.S.C. 3, 472, 551, 668dd,
Regulatory Authorities                              entities within the meaning of the                      3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
National Environmental Policy Act                   Regulatory Flexibility Act.                             1733.
Compliance                                             These emergency closures and                           Dated: August 18, 2000.
   A Final Environmental Impact                     adjustments will impose no significant                  Kenneth E. Thompson,
Statement (FEIS) was published on                   costs on small entities.                                Subsistence Program Leader, USDA-Forest
February 28, 1992, and a Record of                     Title VIII of ANILCA requires the                    Service.
Decision (ROD) signed April 6, 1992.                Secretaries to administer a subsistence                 Thomas H. Boyd,
The final rule for Subsistence                      preference on public lands. The scope of                Acting Chair, Federal Subsistence Board.
Management Regulations for Public                   this program is limited by definition to                [FR Doc. 00–21613 Filed 8–23–00; 8:45 am]
Lands in Alaska, Subparts A, B, and C               certain public lands. Likewise, these                   BILLING CODE 3410–11–P; 4310–55–P
(57 FR 22940–22964, published May 29,               emergency closures and adjustments
1992) implemented the Federal                       have no potential takings of private
Subsistence Management Program and                  property implications as defined by                     ENVIRONMENTAL PROTECTION
included a framework for an annual                  Executive Order 12630.                                  AGENCY
cycle for subsistence hunting and                      The Service has determined and
fishing regulations. A final rule that              certifies pursuant to the Unfunded                      40 CFR Part 180
redefined the jurisdiction of the Federal           Mandates Reform Act, 2 U.S.C. 1502 et
                                                                                                            [OPP–301038; FRL–6738–1]
Subsistence Management Program to                   seq., that these emergency closures and
include waters subject to the                       adjustments will not impose a cost of                   RIN 2070–AB78
subsistence priority was published on               $100 million or more in any given year
                                                    on local or State governments or private                DIMETHENAMID; PESTICIDE TOLERANCES
January 8, 1999, (64 FR 1276.)
                                                    entities. The implementation is by                      FOR EMERGENCY EXEMPTIONS
Compliance with Section 810 of                      Federal agencies, and no cost is                        AGENCY: Environmental Protection
ANILCA                                              involved to any State or local entities or              Agency (EPA).
  The intent of all Federal subsistence             Tribal governments.                                     ACTION: Final rule.
regulations is to accord subsistence uses              The Service has determined that these
of fish and wildlife on public lands a              emergency closures and adjustments                      SUMMARY: This regulation establishes
priority over the taking of fish and                meet the applicable standards provided                  time-limited tolerances for residues of


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51545

dimethenamid, 2-chloro-N-[(1-methyl-2-               Industrial Classification System                        will expire and are revoked on
methoxy)ethyl]-N-(2,4-dimethylthien-3-               (NAICS) codes have been provided to                     December 31, 2002. EPA will publish a
yl)-acetamide in or on dry bulb onions,              assist you and others in determining                    document in the Federal Register to
sugar beets roots, tops, pulp and                    whether or not this action might apply                  remove the revoked tolerances from the
molasses. This action is in response to              to certain entities. If you have questions              Code of Federal Regulations.
EPA’s granting of an emergency                       regarding the applicability of this action                 Section 408(l)(6) of the FFDCA
exemption under section 18 of the                    to a particular entity, consult the person              requires EPA to establish a time-limited
Federal Insecticide, Fungicide, and                  listed under FOR FURTHER INFORMATION                    tolerance or exemption from the
Rodenticide Act authorizing use of the               CONTACT.                                                requirement for a tolerance for pesticide
pesticide on dry bulb onions and sugar                                                                       chemical residues in food that will
                                                     B. How Can I Get Additional                             result from the use of a pesticide under
beets. This regulation establishes a                 Information, Including Copies of This
maximum permissible level for residues                                                                       an emergency exemption granted by
                                                     Document and Other Related                              EPA under section 18 of FIFRA. Such
of dimethenamid in these food                        Documents?
commodities. The tolerances will expire                                                                      tolerances can be established without
and are revoked on December 31, 2002.                   1. Electronically. You may obtain                    providing notice or period for public
                                                     electronic copies of this document, and                 comment. EPA does not intend for its
DATES: This regulation is effective
                                                     certain other related documents that                    actions on section 18 related tolerances
August 24, 2000. Objections and
                                                     might be available electronically, from                 to set binding precedents for the
requests for hearings, identified by
                                                     the EPA Internet Home Page at http://                   application of section 408 and the new
docket control number OPP–301038,
                                                     www.epa.gov/. To access this                            safety standard to other tolerances and
must be received by EPA on or before                 document, on the Home Page select                       exemptions.
October 23, 2000.                                    ‘‘Laws and Regulations,’’ ‘‘Regulations                    Section 408(b)(2)(A)(i) of the FFDCA
ADDRESSES: Written objections and                    and Proposed Rules,’’ and then look up                  allows EPA to establish a tolerance (the
hearing requests may be submitted by                 the entry for this document under the                   legal limit for a pesticide chemical
mail, in person, or by courier. Please               ‘‘Federal Register—Environmental                        residue in or on a food) only if EPA
follow the detailed instructions for each            Documents.’’ You can also go directly to                determines that the tolerance is ‘‘safe.’’
method as provided in Unit VII. of the               the Federal Register listings at http://                Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to
SUPPLEMENTARY INFORMATION. To ensure                 www.epa.gov/fedrgstr/.                                  mean that ‘‘there is a reasonable
proper receipt by EPA, your objections                  2. In person. The Agency has                         certainty that no harm will result from
and hearing requests must identify                   established an official record for this                 aggregate exposure to the pesticide
docket control number OPP–301038 in                  action under docket control number                      chemical residue, including all
the subject line on the first page of your           OPP–301038. The official record                         anticipated dietary exposures and all
response.                                            consists of the documents specifically                  other exposures for which there is
FOR FURTHER INFORMATION CONTACT: By                  referenced in this action, and other                    reliable information.’’ This includes
mail: Barbara Madden, Registration                   information related to this action,                     exposure through drinking water and in
Division (7505C), Office of Pesticide                including any information claimed as                    residential settings, but does not include
Programs, Environmental Protection                   Confidential Business Information (CBI).                occupational exposure. Section
Agency, 1200 Pennsylvania Ave., NW.,                 This official record includes the                       408(b)(2)(C) requires EPA to give special
Washington, DC 20460; telephone                      documents that are physically located in                consideration to exposure of infants and
number: (703) 305–6463; and e-mail                   the docket, as well as the documents                    children to the pesticide chemical
address: madden.barbara@epa.gov.                     that are referenced in those documents.                 residue in establishing a tolerance and
SUPPLEMENTARY INFORMATION:
                                                     The public version of the official record               to ‘‘ensure that there is a reasonable
                                                     does not include any information                        certainty that no harm will result to
I. General Information                               claimed as CBI. The public version of                   infants and children from aggregate
A. Does this Action Apply to Me?                     the official record, which includes                     exposure to the pesticide chemical
                                                     printed, paper versions of any electronic               residue. . . .’’
   You may be potentially affected by                comments submitted during an                               Section 18 of the Federal Insecticide,
this action if you are an agricultural               applicable comment period is available                  Fungicide, and Rodenticide Act (FIFRA)
producer, food manufacturer, or                      for inspection in the Public Information                authorizes EPA to exempt any Federal
pesticide manufacturer. Potentially                  and Records Integrity Branch (PIRIB),                   or State agency from any provision of
affected categories and entities may                 Rm. 119, Crystal Mall #2, 1921 Jefferson                FIFRA, if EPA determines that
include, but are not limited to:                     Davis Hwy., Arlington, VA, from 8:30                    ‘‘emergency conditions exist which
                                                     a.m. to 4 p.m., Monday through Friday,                  require such exemption.’’ This
                                                     excluding legal holidays. The PIRIB                     provision was not amended by the Food
                                                     telephone number is (703) 305–5805.                     Quality Protection Act (FQPA). EPA has
  Cat-                     Examples of Poten-                                                                established regulations governing such
             NAICS
 egories                  tially Affected Entities   II. Background and Statutory Findings
                                                                                                             emergency exemptions in 40 CFR part
Industry         111      Crop production
                                                        EPA, on its own initiative, in                       166.
                 112      Animal production          accordance with sections 408(e) and 408
                                                     (l)(6) of the Federal Food, Drug, and                   III. Emergency Exemption for
                 311      Food manufacturing
               32532      Pesticide manufac-         Cosmetic Act (FFDCA), 21 U.S.C. 346a,                   Dimethenamid on Onions and Sugar
                            turing                   is establishing tolerances for residues of              Beets and FFDCA Tolerances
                                                     the herbicide dimethenamid, 2-chloro-                      1. Onions. Onions in New York are
   This listing is not intended to be                N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-                   seeded in early spring in cool soils and,
exhaustive, but rather provides a guide              dimethylthien-3-yl)-acetamide, in or on                 therefore, grow very slowly during the
for readers regarding entities likely to be          dry bulb onions at 0.01 part per million                first weeks of the season, thus, onions
affected by this action. Other types of              (ppm), sugar beets roots and tops at 0.01               can quickly be overrun by early
entities not listed in the table could also          ppm and sugar beet dry pulp and                         germinating weeds. Because of the
be affected. The North American                      molasses at 0.05 ppm. These tolerances                  manner in which an onion plant grows,


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51546         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

it never develops a leaf canopy that                the need to move quickly on the                         a determination on aggregate exposure,
shades the soil as effectively as do most           emergency exemption in order to                         consistent with section 408(b)(2), for
crops. Consequently, an onion crop                  address an urgent non-routine situation                 time-limited tolerances for residues of
remains subject to weed competition                 and to ensure that the resulting food is                dimethenamid in or on dry bulb onions
throughout the growing season. Any                  safe and lawful, EPA is issuing these                   at 0.01 ppm, sugar beets roots and tops
weeds not controlled during the first 6–            tolerances without notice and                           at 0.01 ppm and sugar beet dry pulp and
8 weeks usually must be removed by                  opportunity for public comment as                       molasses at 0.05 ppm. EPA’s assessment
hand, as they are no longer susceptible             provided in section 408(l)(6). Although                 of the dietary exposures and risks
to most postemergence herbicides and                these tolerances will expire and are                    associated with establishing the
cannot be removed by mechanical                     revoked on December 31, 2002, under                     tolerances follows.
cultivation. For weeds within the onion             FFDCA section 408(l)(5), residues of the
                                                                                                            A. Toxicological Endpoints
row, even hand weeding becomes                      pesticide not in excess of the amounts
impractical as weeds get large because              specified in the tolerance remaining in                    The dose at which no adverse effects
they cannot be pulled out of the soil               or on dry bulb onions and sugar beets                   are observed (NOAEL) from the
without uprooting adjacent onion                    after that date will not be unlawful,                   toxicology study identified as
plants.                                             provided the pesticide is applied in a                  appropriate for use in risk assessment is
   Until the mid 1980’s, New York onion             manner that was lawful under FIFRA,                     used to estimate the toxicological
growers relied on the herbicide, Randox,            and the residues do not exceed a level                  endpoint. However, the lowest dose at
for effective broad spectrum weed                   that was authorized by these tolerances                 which adverse effects of concern are
control. After Randox was discontinued,             at the time of that application. EPA will               identified (LOAEL) is sometimes used
it was replaced primarily by Prowl.                 take action to revoke these tolerances                  for risk assessment if no NOAEL was
However, Prowl has no activity on                   earlier if any experience with, scientific              achieved in the toxicology study
yellow nutsedge and in the last 10 to 15            data on, or other relevant information                  selected. An uncertainty factor (UF) is
years almost all of muck soil onion                 on this pesticide indicate that the                     applied to reflect uncertainties inherent
fields have been infested with yellow               residues are not safe.                                  in the extrapolation from laboratory
nutsedge. Prowl also fails to control a                Because these tolerances are being                   animal data to humans and in the
number of other broad leaf weeds that               approved under emergency conditions,                    variations in sensitivity among members
Randox once controlled. Dual, a                     EPA has not made any decisions about                    of the human population as well as
herbicide registered for use to control             whether dimethenamid meets EPA’s                        other unknowns. An UF of 100 is
yellow nutsedge, only provides limited              registration requirements for use on dry                routinely used, 10X to account for
control because it can not be used until            bulb onions and sugar beets or whether                  interspecies differences and 10x for
the onions are in the 2-leaf stage and in           a permanent tolerance for this use                      intraspecies differences.
most cases yellow nutsedge infestations             would be appropriate. Under these                          For dietary risk assessment (other
are out of control by that time.                    circumstances, EPA does not believe                     than cancer) the Agency uses the UF to
   2. Sugar Beets. Historically, one                that these tolerances serve as a basis for              calculate an acute or chronic reference
application of Ro-Neet applied alone or             registration of dimethenamid by a State                 dose (acute RfD or chronic RfD) where
sequentially with one application of                for special local needs under FIFRA                     the RfD is equal to the NOAEL divided
Eptam, followed by one or two                       section 24(c). Nor do these tolerances                  by the appropriate UF (RfD = NOAEL/
cultivations provided acceptable season-            serve as the basis for any State other                  UF). Where an additional safety factor is
long control of weeds for many                      than New York and Washington to use                     retained due to concerns unique to the
Washington sugar beet growers. By                   this pesticide on these crops under                     FQPA, this additional factor is applied
1998, growers began to question                     section 18 of FIFRA without following                   to the RfD by dividing the RfD by such
whether products that had once                      all provisions of EPA’s regulations                     additional factor. The acute or chronic
provided effective control in sugar beets           implementing section 18 as identified in                Population Adjusted Dose (aPAD or
were still providing acceptable levels of           40 CFR part 166. For additional                         cPAD) is a modification of the RfD to
control. By the 1999 growing season,                information regarding the emergency                     accommodate this type of FQPA Safety
growers felt that currently registered              exemption for dimethenamid, contact                     Factor.
herbicides were no longer sufficient to             the Agency’s Registration Division at the                  For non-dietary risk assessments
allow cost effective sugar beet                     address provided under FOR FURTHER                      (other than cancer) the UF is used to
production.                                         INFORMATION CONTACT.                                    determine the level of concern (LOC).
   EPA has authorized under FIFRA                                                                           For example, when 100 is the
section 18 the use of dimethenamid on               IV. Aggregate Risk Assessment and                       appropriate UF (10x to account for
dry bulb onions in New York and sugar               Determination of Safety                                 interspecies differences and 10x for
beets in Washington for control of                    EPA performs a number of analyses to                  intraspecies differences) the LOC is 100.
weeds. After having reviewed the                    determine the risks from aggregate                      To estimate risk, a ratio of the NOAEL
submission, EPA concurs that                        exposure to pesticide residues. For                     to exposures (margin of exposure (MOE)
emergency conditions exist for these                further discussion of the regulatory                    = NOAEL/exposure) is calculated and
States.                                             requirements of section 408 and a                       compared to the LOC.
   As part of its assessment of this                complete description of the risk                           The linear default risk methodology
emergency exemption, EPA assessed the               assessment process, see the final rule on               (Q*) is the primary method currently
potential risks presented by residues of            Bifenthrin Pesticide Tolerances (62 FR                  used by the Agency to quantify
dimethenamid in or on dry bulb onions               62961, November 26, 1997) (FRL–5754–                    carcinogenic risk. The Q* approach
and sugar beets. In doing so, EPA                   7).                                                     assumes that any amount of exposure
considered the safety standard in                     Consistent with section 408(b)(2)(D),                 will lead to some degree of cancer risk.
FFDCA section 408(b)(2), and EPA                    EPA has reviewed the available                          A Q* is calculated and used to estimate
decided that the necessary tolerances               scientific data and other relevant                      risk which represents a probability of
under FFDCA section 408(l)(6) would be              information in support of this action.                  occurrence of additional cancer cases
consistent with the safety standard and             EPA has sufficient data to assess the                   (e.g., risk is expressed as 1 × 10¥6 or one
with FIFRA section 18. Consistent with              hazards of dimethenamid and to make                     in a million). Under certain specific


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                Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51547

circumstances, MOE calculations will                  though it may be a different value                      cancer risk as well as other chronic
be used for the carcinogenic risk                     derived from the dose response curve.                   effects. Therefore, with the RfD
assessment. In this non-linear approach,              To estimate risk, a ratio of the point of               approach no separate carcinogenic risk
a ‘‘point of departure’’ is identified                departure to exposure (MOEcancer = point                assessment is necessary. The doses and
below which carcinogenic effects are                  of departure/exposures) is calculated.                  toxicological endpoints selected and the
not expected. The point of departure is               The RfD approach is used when the                       LOC for margins of exposure for various
typically a NOAEL based on an                         chronic dietary risk assessment using                   exposures scenarios are summarized in
endpoint related to cancer effects                    the RfD will be adequately protective for               the following Table 1:

        TABLE 1.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR DIMETHENAMID FOR USE IN HUMAN RISK
                                               ASSESSMENT
                                                                            FQPA SF* and level of
                                        Dose used in risk assess-
         Exposure scenario                                                  concern for risk assess-                 Study and toxicological effects
                                               ment, UF                              ment

 Acute dietary females 13–50           NOAEL = 215 mg/kg/day;             FQPA SF = 10x; aPAD =             Developmental toxicity, rat; LOAEL is 425 mg/
   years of age                         UF = 100; Acute RfD =               acute RfD ÷ FQPA SF =             kg/day based on early resorption.
                                        2.15 mg/kg/day                      0.215 mg/kg/day

 Acute Dietary general popu-           NOAEL = 215 mg/kg/day;             FQPA SF = 10x aPAD =              Developmental toxicity, rat; LOAEL is 425 mg/
   lation including infants and         UF = 100; Acute RfD =               acute RfD ÷ FQPA SF =             kg/day based on early resorption.
   children                             2.15 mg/kg/day                      0.215 mg/kg/day

 Chronic dietary all populations       NOAEL = 5.1 mg/kg/day;             FQPA SF = 10x; cPAD =             Chronic rat study; LOAEL is 36 mg/kg/day
                                        UF = 100; Chronic RfD =             chronic RfD ÷ FQPA SF             (males) based on increased incidences of
                                        0.05 mg/kg/day                      = 0.005 mg/kg/day                 non-neoplastic alterations in liver, parathyroid
                                                                                                              and stomach of males and ovary of females,
                                                                                                              as well as decreased food efficiency in fe-
                                                                                                              males.

 Short-Term dermal (1 to 7 days)       None                               None                              None
   (residential)

 intermediate-Term dermal (1           None                               None                              None
    week to several months) (resi-
    dential)

 long-Term dermal (several             None                               None                              None
   months to lifetime) (residen-
   tial)

 Short-Term Inhalation (1 to 7         None                               None                              None
   days) (residential)

 intermediate-Term Inhalation (1       None                               None                              None
    week to several months) (resi-
    dential)

 long-Term Inhalation (several         None                               None                              None
   months to lifetime) (residen-
   tial)

 Cancer (oral, dermal, inhalation)     NOAEL = 5.1 mg/kg/day;             Category ‘‘C’’ (possible          Chronic rat study; increased tumor incidence
                                        UF = 100; Chronic RfD =             human carcinogen)                 only in rats (not mice). Significant increasing
                                        0.05 mg/kg/day                                                        dose-related trend in combined benign and/
                                                                                                              or malignant liver tumor rates in males (not
                                                                                                              significant pair-wise comparison). In females,
                                                                                                              significantly increasing dose-related trend in
                                                                                                              ovarian adenomas (not significant pair-wise
                                                                                                              comparison). Incidence at 80 mg/kg/day
                                                                                                              (HDT) about twice the average of historical
                                                                                                              incidence. Quantitative cancer risk assess-
                                                                                                              ment not required.
 *   The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA.


B. Exposure Assessment                                residues of dimethenamid, in or on dry                  occupational exposure will result from
                                                      beans, corn, sweet corn, peanuts,                       the use of dimethenamid. Risk
  1. Dietary exposure from food and                   sorghum and soybeans. Currently,                        assessments were conducted by EPA to
feed uses. Dimethenamid is registered                 dimethenamid is not registered on any                   assess dietary exposures from
for use on various agricultural                       use sites which would result in non-                    dimethenamid in food as follows:
commodities. Tolerances have been                     dietary, non-occupational exposure.                       i. Acute exposure. Acute dietary risk
established (40 CFR 180.464) for the                  Therefore, EPA expects only dietary and                 assessments are performed for a food-


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51548         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

use pesticide if a toxicological study has          GENEEC incorporates a farm pond                         information’’ concerning the cumulative
indicated the possibility of an effect of           scenario, while PRZM/EXAMS                              effects of a particular pesticide’s
concern occurring as a result of a one              incorporate an index reservoir                          residues and ‘‘other substances that
day or single exposure. The Dietary                 environment in place of the previous                    have a common mechanism of toxicity.’’
Exposure Evaluation Model (DEEM®)                   pond scenario. The PRZM/EXAMS                              EPA does not have, at this time,
analysis evaluated the individual food              model includes a percent crop area                      available data to determine whether
consumption as reported by                          factor as an adjustment to account for                  dimethenamid has a common
respondents in the USDA 1989–1992                   the maximum percent crop coverage                       mechanism of toxicity with other
nationwide Continuing Surveys of Food               within a watershed or drainage basin.                   substances or how to include this
Intake by Individuals (CSFII) and                      None of these models include                         pesticide in a cumulative risk
accumulated exposure to the chemical                consideration of the impact processing                  assessment. Unlike other pesticides for
for each commodity. The following                   (mixing, dilution, or treatment) of raw                 which EPA has followed a cumulative
assumptions were made for the acute                 water for distribution as drinking water                risk approach based on a common
exposure assessments: all residues                  would likely have on the removal of                     mechanism of toxicity, dimethenamid
occurred at tolerance levels and 100%               pesticides from the source water. The                   does not appear to produce a toxic
of crops with dimethenamid tolerances               primary use of these models by the                      metabolite produced by other
were treated.                                       Agency at this stage is to provide a                    substances. For the purposes of this
   ii. Chronic exposure. In conducting              coarse screen for sorting out pesticides                tolerance action, therefore, EPA has not
this chronic dietary risk assessment the            for which it is highly unlikely that                    assumed that dimethenamid has a
DEEM® analysis evaluated the                        drinking water concentrations would                     common mechanism of toxicity with
individual food consumption as                      ever exceed human health levels of                      other substances. For information
reported by respondents in the USDA                 concern.                                                regarding EPA’s efforts to determine
1989–1992 nationwide CSFII and                         Since the models used are considered                 which chemicals have a common
accumulated exposure to the chemical                to be screening tools in the risk                       mechanism of toxicity and to evaluate
for each commodity. The following                   assessment process, the Agency does                     the cumulative effects of such
assumptions were made for the chronic               not use estimated environmental                         chemicals, see the final rule for
exposure assessments: all residues                  concentrations (EECs) from these                        Bifenthrin Pesticide Tolerances
occurred at tolerance levels and that               models to quantify drinking water                       November 26, 1997, (62 FR 62961)
100% of crops with dimethenamid                     exposure and risk as a %RfD or %PAD.                    (FRL–5754–7).
tolerances were treated.                            Instead, drinking water levels of
   iii. Cancer. Dimethenamid has been               comparison (DWLOCs) are calculated                      C. Safety Factor for Infants and Children
classified as a Category ‘‘C’’ (possible            and used as a point of comparison                          1. Safety factor for infants and
human carcinogen), based on increased               against the model estimates of a                        children—i. In general. FFDCA section
tumor incidence only in rats (not mice).            pesticide’s concentration in water.                     408 provides that EPA shall apply an
The Agency determined that a                        DWLOCs are theoretical upper limits on                  additional tenfold margin of safety for
quantitative cancer risk assessment is              a pesticide’s concentration in drinking                 infants and children in the case of
not required. The RfD approach was                  water in light of total aggregate exposure              threshold effects to account for pre-natal
used to estimate cancer risk. Therefore             to a pesticide in food, and from                        and post-natal toxicity and the
the chronic (non-cancer) risk assessment            residential uses. Since DWLOCs address                  completeness of the data base on
is adequate estimate of cancer risk as              total aggregate exposure to                             toxicity and exposure unless EPA
well as other chronic effects.                      dimethenamid they are further                           determines that a different margin of
   2. Dietary exposure from drinking                discussed in the aggregate risk sections                safety will be safe for infants and
water. The Agency lacks sufficient                  below.                                                  children. Margins of safety are
monitoring exposure data to complete a                 Based on the GENEEC and SCI-GROW                     incorporated into EPA risk assessments
comprehensive dietary exposure                      models the estimated environmental                      either directly through use of a MOE
analysis and risk assessment for                    concentrations (EECs) of dimethenamid                   analysis or through using uncertainty
dimethenamid in drinking water.                     in surface water and ground water, for                  (safety) factors in calculating a dose
Because the Agency does not have                    acute exposures are estimated to be 63.5                level that poses no appreciable risk to
comprehensive monitoring data,                      parts per billion (ppb) for surface water               humans.
drinking water concentration estimates              and 0.412 ppb for ground water. The                        ii. Developmental toxicity studies. In
are made by reliance on simulation or               EECs for chronic exposures are                          a developmental toxicity study in rats,
modeling taking into account data on                estimated to be 17 ppb for surface water                maternal toxicity was evidenced by
the physical characteristics of                     and 0.412 ppb for ground water.                         excessive salivation, increased liver
dimethenamid.                                          3. From non-dietary exposure. The                    weight and reduced body weight gain
   The Agency uses the Generic                      term ‘‘residential exposure’’ is used in                and food consumption at 215 and 425
Estimated Environmental Concentration               this document to refer to non-                          milligrams per kilogram per day (mg/kg/
(GENEEC) or the Pesticide Root Zone/                occupational, non-dietary exposure                      day). Developmental toxicity was
Exposure Analysis Modeling System                   (e.g., for lawn and garden pest control,                evidenced by an increased incidence of
(PRZM/EXAMS) to estimate pesticide                  indoor pest control, termiticides, and                  resorption in the 425 mg/kg/day rats.
concentrations in surface water and SCI-            flea and tick control on pets).                         The maternal NOAEL is 50 mg/kg/day
GROW, which predicts pesticide                      Dimethenamid is not registered for use                  and the maternal LOAEL is 215 mg/kg/
concentrations in groundwater. In                   on any sites that would result in                       day. The developmental NOAEL is 215
general, EPA will use GENEEC (a tier 1              residential exposure.                                   mg/kg/day and the developmental
model) before using PRZM/EXAMS (a                      4. Cumulative exposure to substances                 LOAEL is 425 mg/kg/day.
tier 2 model) for a screening-level                 with a common mechanism of toxicity.                       In a developmental toxicity study in
assessment for surface water. The                   Section 408(b)(2)(D)(v) requires that,                  rabbits, maternal toxicity was evidenced
GENEEC model is a subset of the PRZM/               when considering whether to establish,                  by decreased body weight, food
EXAMS model that uses a specific high-              modify, or revoke a tolerance, the                      consumption and increased abortion/
end runoff scenario for pesticides.                 Agency consider ‘‘available                             premature delivery at 75 and 150 mg/


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                   51549

kg/day. Developmental toxicity was                   and residential uses, the Agency                           When EECs for surface water and
evidenced by increased abortion/                     calculates DWLOCs which are used as a                    groundwater are less than the calculated
premature delivery and hyoid alae                    point of comparison against the model                    DWLOCs, OPP concludes with
angulated changes in the 150 mg/kg                   estimates of a pesticide’s concentration                 reasonable certainty that exposures to
group. The maternal NOAEL is 37.5 mg/                in water (EECs). DWLOC values are not                    dimethenamid in drinking water (when
kg/day and the maternal LOAEL is 75                  regulatory standards for drinking water.                 considered along with other sources of
mg/kg/day. The developmental NOAEL                   DWLOCs are theoretical upper limits on                   exposure for which OPP has reliable
is 75 mg/kg/day and the developmental                a pesticide’s concentration in drinking                  data) would not result in unacceptable
LOAEL is 150 mg/kg/day.                              water in light of total aggregate exposure               levels of aggregate human health risk at
   iii. Reproductive toxicity study. In a            to a pesticide in food and residential                   this time. Because OPP considers the
2–generation reproductive study in rats,             uses. In calculating a DWLOC, the                        aggregate risk resulting from multiple
parental toxicity was evidenced by                   Agency determines how much of the                        exposure pathways associated with a
significant reductions in body weight                acceptable exposure (i.e., the PAD) is                   pesticide’s uses, levels of comparison in
and food consumption in males and                    available for exposure through drinking                  drinking water may vary as those uses
significant increases in absolute and                water e.g., allowable chronic water                      change. If new uses are added in the
relative liver weights in both sexes.                exposure (mg/kg/day) = cPAD ¥                            future, OPP will reassess the potential
Significant reductions in pup weight                 (average food + chronic non-dietary,                     impacts of dimethenamid on drinking
during lactation occurred at 150 mg/kg/              non-occupational exposure). This                         water as a part of the aggregate risk
day. The parental NOAEL is 36 mg/kg/                 allowable exposure through drinking                      assessment process.
day and the parental LOAEL is 150 mg/                water is used to calculate a DWLOC.
kg/day. The reproduction NOAEL is 36                                                                            1. Acute risk. Using the exposure
mg/kg/day and the reproduction LOAEL                    A DWLOC will vary depending on the                    assumptions discussed in this unit for
is 150 mg/kg/day.                                    toxic endpoint, drinking water                           acute exposure, the acute dietary
   iv. Conclusion. Based on the rat and              consumption, and body weights. Default                   exposure from food to dimethenamid
rabbit developmental toxicity studies as             body weights and consumption values                      will occupy less than 1% of the aPAD
well as the rat reproduction study, there            as used by the USEPA Office of Water                     for the U.S. population, less than 1% of
did not appear to be an increase in the              are used to calculate DWLOCs: 2L/70 kg                   the aPAD for females 13 years and older,
sensitivity of fetuses or offspring in               (adult male), 2L/60 kg (adult female),                   less than 1% of the aPAD for all infants
relation to either maternal or parental              and 1L/10 kg (child). Default body                       and less than 1% of the aPAD for all
toxicity. However, for purposes of these             weights and drinking water                               children. In addition, despite the
section 18 uses, the additional FQPA                 consumption values vary on an                            potential for acute dietary exposure to
10x safety factor was retained since the             individual basis. This variation will be                 dimethenamid in drinking water, after
Agency’s FQPA Safety Factor                          taken into account in more refined                       calculating DWLOCs and comparing
Committee has not assessed                           screening-level and quantitative                         them to conservative model estimated
dimethnamid at this time.                            drinking water exposure assessments.                     environmental concentrations of
                                                     Different populations will have different                dimethenamid in surface and ground
D. Aggregate Risks and Determination of              DWLOCs. Generally, a DWLOC is                            water. EPA does not expect the
Safety                                               calculated for each type of risk                         aggregate exposure to exceed 100% of
  To estimate total aggregate exposure               assessment used: acute, short-term,                      the aPAD, as shown in the following
to a pesticide from food, drinking water,            intermediate-term, chronic, and cancer.                  Table 2:

                     TABLE 2.— AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO DIMETHENAMID
                                                                                                                     Surface         Ground           Acute
                                                                   aPAD (mg/
                  Population subgroup                                                     % aPAD (Food)             water EEC       water EEC        DWLOC
                                                                      kg)                                             (ppb)           (ppb)           (ppb)

U.S. Population                                                             0.215                 Less than 1%             65.5             0.412         7,500
Females (13–19 years old)                                                   0.215                 Less than 1%             65.5             0.412         6,500
All Infants                                                                 0.215                 Less than 1%             65.5             0.412         2,200



  2. Chronic risk. Using the exposure                and 1% of the cPAD for children 1–6                      them to conservative model estimated
assumptions described in this unit for               years old (the most highly exposed                       environmental concentrations of
chronic exposure, EPA has concluded                  children subpopulation). There are no                    dimethenamid in surface and ground
that exposure to dimethenamid from                   registered residential uses for                          water. EPA does not expect the
food will utilize less than 1% of the                dimethenamid. In addition, despite the                   aggregate exposure to exceed 100% of
cPAD for the U.S. population, 2% of the              potential for chronic dietary exposure to                the cPAD, as shown in the following
cPAD for non-nursing infants (the most               dimethenamid in drinking water, after                    Table 3.
highly exposed infant subpopulation)                 calculating the DWLOCs and comparing

          TABLE 3.— AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO DIMETHENAMID
                                                                                                                     Surface         Ground          Chronic
                                                                       cPAD mg/
                  Population subgroup                                                     % cPAD (Food)             water EEC       Water EEC        DWLOC
                                                                        kg/day                                        (ppb)           (ppb)           (ppb)

U.S. population                                                             0.005                 Less than 1%               17             0.412          180
Non-Nursing infants                                                         0.005                           2%               17             0.412           50
Children, 1–6 years old                                                     0.005                           1%               17             0.412           49



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51550         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

   3. Short-term risk. Short-term                   limits for dimethenamid in/on onions,                   CFR 178.27). Information submitted in
aggregate exposure takes into account               dry bulb and sugar beet, tops and sugar                 connection with an objection or hearing
residential exposure plus chronic                   beet, roots.                                            request may be claimed confidential by
exposure to food and water (considered                                                                      marking any part or all of that
                                                    C. Conditions
to be a background exposure level).                                                                         information as CBI. Information so
Dimethenamid is not registered for use                A 30–day pre-harvest interval will be                 marked will not be disclosed except in
on any sites that would result in                   observed for dry bulb onions. No pre-                   accordance with procedures set forth in
residential exposure. Therefore, the                harvest interval is required for sugar                  40 CFR part 2. A copy of the
aggregate risk is the sum of the risk from          beets due to the timing of the                          information that does not contain CBI
food and water, which were previously               applications.                                           must be submitted for inclusion in the
addressed.                                          VI. Conclusion                                          public record. Information not marked
   4. Intermediate-term risk.                                                                               confidential may be disclosed publicly
intermediate-term aggregate exposure                  Therefore, the tolerance is established               by EPA without prior notice.
takes into account non-dietary, non-                for residues of dimethenamid, 2-chloro-                    Mail your written request to: Office of
occupational exposure plus chronic                  N-[(1-methyl-2-methoxy)ethyl]-N-(2,4-                   the Hearing Clerk (1900), Environmental
exposure to food and water (considered              dimethylthien-3-yl)-acetamide, in or on                 Protection Agency, 1200 Pennsylvania
to be a background exposure level).                 dry bulb onions at 0.01 ppm, sugar beets                Ave., NW., Washington, DC 20460. You
Dimethenamid is not registered for use              roots and tops at 0.01 ppm and sugar                    may also deliver your request to the
on any sites that would result in                   beet dry pulp and molasses at 0.05 ppm.                 Office of the Hearing Clerk in Rm. C400,
residential exposure. Therefore, the                VII. Objections and Hearing Requests                    Waterside Mall, 401 M St.,SW.,
aggregate risk is the sum of the risk from                                                                  Washington, DC 20460. The Office of
                                                       Under section 408(g) of the FFDCA, as                the Hearing Clerk is open from 8 a.m.
food and water, which were previously
                                                    amended by the FQPA, any person may                     to 4 p.m., Monday through Friday,
addressed.
                                                    file an objection to any aspect of this                 excluding legal holidays. The telephone
   5. Aggregate cancer risk for U.S.
                                                    regulation and may also request a                       number for the Office of the Hearing
population. Dimethenamid has been
                                                    hearing on those objections. The EPA                    Clerk is (202) 260–4865.
classified as a Category ‘‘C’’ (possible
                                                    procedural regulations which govern the                    2. Tolerance fee payment. If you file
human carcinogen). Based on increased
                                                    submission of objections and requests                   an objection or request a hearing, you
tumor incidence only in rats (not mice).
                                                    for hearings appear in 40 CFR part 178.                 must also pay the fee prescribed by 40
The Agency determined that a
                                                    Although the procedures in those                        CFR 180.33(i) or request a waiver of that
quantitative cancer risk assessment is
                                                    regulations require some modification to                fee pursuant to 40 CFR 180.33(m). You
not required. The RfD approach was
                                                    reflect the amendments made to the                      must mail the fee to: EPA Headquarters
used to estimate cancer risk. Therefore,
                                                    FFDCA by the FQPA of 1996, EPA will                     Accounting Operations Branch, Office
the chronic (non-cancer) risk
                                                    continue to use those procedures, with                  of Pesticide Programs, P.O. Box
assessment, which was previously
                                                    appropriate adjustments, until the                      360277M, Pittsburgh, PA 15251. Please
addressed, is adequately protective for
                                                    necessary modifications can be made.                    identify the fee submission by labeling
cancer risk as well as other chronic
                                                    The new section 408(g) provides                         it ‘‘Tolerance Petition Fees.’’
effects.
                                                    essentially the same process for persons                   EPA is authorized to waive any fee
   6. Determination of safety. Based on
                                                    to ‘‘object’’ to a regulation for an                    requirement ‘‘when in the judgement of
these risk assessments, EPA concludes
                                                    exemption from the requirementof a                      the Administrator such a waiver or
that there is a reasonable certainty that                                                                   refund is equitable and not contrary to
                                                    tolerance issued by EPA under new
no harm will result to the general                                                                          the purpose of this subsection.’’ For
                                                    section 408(d), as was provided in the
population,and to infants and children                                                                      additional information regarding the
                                                    old FFDCA sections 408 and 409.
from aggregate exposure to                                                                                  waiver of these fees, you may contact
                                                    However, the period for filing objections
dimethenamid residues.                                                                                      James Tompkins by phone at (703) 305–
                                                    is now 60 days, rather than 30 days.
V. Other Considerations                                                                                     5697, by e-mail at
                                                    A. What Do I Need to Do to File an                      tompkins.jim@epa.gov, or by mailing a
A. Analytical Enforcement Methodology               Objection or Request a Hearing?                         request for information to Mr. Tompkins
  Adequate analytical methodology is                   You must file your objection or                      at Registration Division (7505C), Office
available to enforce the tolerance                  request a hearing on this regulation in                 of Pesticide Programs, Environmental
expression. Nitrogen Phosphorus                     accordance with the instructions                        Protection Agency, 1200 Pennsylvania
Detection-Gas Liquid Chromatography                 provided in this unit and in 40 CFR part                Ave., NW., Washington, DC 20460.
(NPD-GLC) method (AM–0884–0193–1)                   178. To ensure proper receipt by EPA,                      If you would like to request a waiver
has been submitted (7/89) for                       you must identify docket control                        of the tolerance objection fees, you must
publication in the Pesticide Analytical             number OPP–301038 in the subject line                   mail your request for such a waiver to:
Manual, Volume II, to enforce tolerances            on the first page of your submission. All               James Hollins, Information Resources
for residues of dimethenamid in/on                  requests must be in writing, and must be                and Services Division (7502C), Office of
plant and soil samples. The method may              mailed or delivered to the Hearing Clerk                Pesticide Programs, Environmental
be requested from: Calvin Furlow,                   on or before October 23, 2000.                          Protection Agency, 1200 Pennsylvania
PRRIB, IRSD (7502C), Office of Pesticide               1. Filing the request. Your objection                Ave., NW., Washington, DC 20460.
Programs, Environmental Protection                  must specify the specific provisions in                    3. Copies for the Docket. In addition
Agency, 1200 Pennsylvania Ave., NW,                 the regulation that you object to, and the              to filing an objection or hearing request
Washington, DC 20460; telephone                     grounds for the objections (40 CFR                      with the Hearing Clerk as described in
number: (703) 305–5229; e-mail address:             178.25). If a hearing is requested, the                 Unit VII.A., you should also send a copy
furlow.calvin@epa.gov.                              objections must include a statement of                  of your request to the PIRIB for its
                                                    the factual issues(s) on which a hearing                inclusion in the official record that is
B. International Residue Limits                     is requested, the requestor’s contentions               described in Unit I.B.2. Mail your
 There are no established Codex,                    on such issues, and a summary of any                    copies, identified by the docket control
Mexican, or Canadian maximum residue                evidence relied upon by the objector (40                number OPP–301038, to: Public


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                         51551

Information and Records Integrity                   Agency action under Executive Order                     States prior to publication of this final
Branch, Information Resources and                   13045, entitled Protection of Children                  rule in the Federal Register This final
Services Division (7502C), Office of                from Environmental Health Risks and                     rule is not a ‘‘major rule’’ as defined by
Pesticide Programs, Environmental                   Safety Risks (62 FR 19885, April 23,                    5 U.S.C. 804(2).
Protection Agency, 1200 Pennsylvania                1997). This action does not involve any
Ave., NW., Washington, DC 20460. In                 technical standards that would require                  List of Subjects in 40 CFR Part 180
person or by courier, bring a copy to the           Agency consideration of voluntary                         Environmental protection,
location of the PIRIB described in Unit             consensus standards pursuant to section                 Administrative practice and procedure,
I.B.2. You may also send an electronic              12(d) of the National Technology                        Agricultural commodities, Pesticides
copy of your request via e-mail to: opp-            Transfer and Advancement Act of 1995                    and pests, Reporting and recordkeeping
docket@epa.gov. Please use an ASCII                 (NTTAA), Public Law 104–113, section                    requirements.
file format and avoid the use of special            12(d) (15 U.S.C. 272 note). Since
characters and any form of encryption.              tolerances and exemptions that are                         August 15, 2000.
Copies of electronic objections and                 established on the basis of a FIFRA                     Peter Caulkins,
hearing requests will also be accepted              section 18 exemption under FFDCA                        Acting Director, Registration Division, Office
on disks in WordPerfect 6.1/8.0 file                section 408, such as the tolerances in                  of Pesticide Programs.
format or ASCII file format. Do not                 this final rule, do not require the
include any CBI in your electronic copy.            issuance of a proposed rule, the                          Therefore, 40 CFR chapter I is
You may also submit an electronic copy              requirements of the Regulatory                          amended as follows:
of your request at many Federal                     Flexibility Act (RFA) (5 U.S.C. 601 et
Depository Libraries.                               seq.) do not apply. In addition, the                    PART 180— [AMENDED]
                                                    Agency has determined that this action
B. When Will the Agency Grant a                                                                               1. The authority citation for part 180
                                                    will not have a substantial direct effect
Request for a Hearing?                                                                                      continues to read as follows:
                                                    on States, on the relationship between
   A request for a hearing will be granted          the national government and the States,                   Authority: 21 U.S.C. 321(q), (346a) and
if the Administrator determines that the            or on the distribution of power and                     371.
material submitted shows the following:             responsibilities among the various
There is a genuine and substantial issue            levels of government, as specified in                     2. Section 180.464 is revised to read
of fact; there is a reasonable possibility          Executive Order 13132, entitled                         as follows:
that available evidence identified by the           Federalism, August 10, 1999 (64 FR
requestor would, if established resolve             43255). Executive Order 13132 requires                  § 180.464 Dimethenamid, 2-chloro-N-[(1-
one or more of such issues in favor of              EPA to develop an accountable process                   methyl-2-methoxy)ethyl]-N-(2,4-
the requestor, taking into account                                                                          dimethylthien-3-yl)-acetamide
                                                    to ensure ‘‘meaningful and timely input
uncontested claims or facts to the                  by State and local officials in the                       (a) General. Tolerances are
contrary; and resolution of the factual             development of regulatory policies that                 established for residues of the herbicide
issues(s) in the manner sought by the               have federalism implications.’’ ‘‘Policies              dimethenamid, 1(R,S)-2-chloro-N-[(1-
requestor would be adequate to justify              that have federalism implications’’ is                  methyl-2-methoxy)ethyl]-N-(2,4-
the action requested (40 CFR 178.32).               defined in the Executive Order to                       dimethylthien-3-yl)-acetamide in or on
VIII. Regulatory Assessment                         include regulations that have                           the following food commodities:
Requirements                                        ‘‘substantial direct effects on the States,
                                                    on the relationship between the national
  This final rule establishes time                  government and the States, or on the
limited tolerances under FFDCA section              distribution of power and                                                                               Parts per
408. The Office of Management and                   responsibilities among the various                                     Commodity                         million
Budget (OMB) has exempted these types               levels of government.’’ This final rule
of actions from review under Executive              directly regulates growers, food                         Beans, dry ................................          0.01
Order 12866, entitled Regulatory                    processors, food handlers and food                       Corn, fodder ..............................          0.01
Planning and Review (58 FR 51735,                   retailers, not States. This action does not              Corn, forage ..............................          0.01
October 4, 1993). This final rule does              alter the relationships or distribution of               Corn, grain ................................         0.01
not contain any information collections             power and responsibilities established                   Corn, sweet, fodder (stover) .....                   0.01
subject to OMB approval under the                   by Congress in the preemption                            Corn, sweet, forage ..................               0.01
Paperwork Reduction Act (PRA), 44                   provisions of FFDCA section 408(n)(4).                   Corn, sweet (kernels plus cobs
U.S.C. 3501 et seq., or impose any                                                                             with husks removed) .............                  0.01
enforceable duty or contain any                     IX. Submission to Congress and the                       Peanut, hay ..............................           0.01
unfunded mandate as described under                 Comptroller General                                      Peanut, nutmeat .......................              0.01
Title II of the Unfunded Mandates                     The Congressional Review Act, 5                        Sorghum, grain, fodder .............                 0.01
Reform Act of 1995 (UMRA) (Public                   U.S.C. 801 et seq., as added by the Small                Sorghum, grain, forage .............                 0.01
Law 104–4). Nor does it require any                 Business Regulatory Enforcement                          Sorghum, grain .........................             0.01
prior consultation as specified by                  Fairness Act of 1996, generally provides                 Soybeans ..................................          0.01
Executive Order 13084, entitled                     that before a rule may take effect, the
Consultation and Coordination with                  agency promulgating the rule must                         (b) Section 18 emergency exemptions.
Indian Tribal Governments (63 FR                    submit a rule report, which includes a                  Time-limited tolerances are established
27655, May 19, 1998); special                       copy of the rule, to each House of the                  for residues of the herbicide
considerations as required by Executive             Congress and to the Comptroller General                 dimethenamid in connection with the
Order 12898, entitled Federal Actions to            of the United States. EPA will submit a                 use of the pesticide under section 18
Address Environmental Justice in                    report containing this rule and other                   emergency exemptions granted by EPA.
Minority Populations and Low-Income                 required information to the U.S. Senate,                These tolerances will expire and are
Populations (59 FR 7629, February 16,               the U.S. House of Representatives, and                  revoked on the dates specified in the
1994); or require OMB review or any                 the Comptroller General of the United                   following table.


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51552                Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

                                                    Commission decision is available for                        ADDRESSES:   Federal Communications
                                                    inspection and copying during normal                        Commission, Washington, D.C. 20554.
                       Parts per    Expiration/rev- business hours in the FCC’s Reference                       FOR FURTHER INFORMATION CONTACT:
 Commodity              million      ocation date   Information Center at Portals II, CY–                       Kathleen Scheuerle, Mass Media
                                                    A257, 445 12th Street, SW, Washington,                      Bureau, (202) 418–2180.
Beet, sugar ...              0.01         12/31/02
Beet, sugar,
                                                    DC. The complete text of this decision                      SUPPLEMENTARY INFORMATION: This is a
  dried pulp ..              0.05         12/31/02 may also be purchased from the                               summary of the Commission’s Report
Beet, sugar,                                        Commission’s copy contractors,                              and Order, adopted August 2, 2000, and
  molasses ...               0.05         12/31/02 International Transcription Service,                         released August 11, 2000. The full text
Beet, sugar,                                        Inc., (202) 857–3800, located at 1231                       of this Commission decision is available
  tops ...........           0.01         12/31/02 20th Street, NW., Washington, DC
Onion, dry
                                                                                                                for inspection and copying during
                                                    20036.                                                      normal business hours in the
  bulb ...........           0.01          12/31/02
                                                        List of Subjects in 47 CFR Part 73                      Commission’s Reference Center, 445
  (c) Tolerances with regional                            Radio broadcasting.                                   12th Street, SW, Washington, D.C. The
registrations. [Reserved]                                                                                       complete text of this decision may also
                                                          Part 73 of Title 47 of the Code of                    be purchased from the Commission’s
  (d) Indirect or inadvertent residues.                 Federal Regulations is amended as
[Reserved]                                                                                                      copy contractors, International
                                                        follows:                                                Transcription Service, Inc., 1231 20th
[FR Doc. 00–21672 Filed 8–23–00; 8:45 am]
                                                        PART 73—[AMENDED]                                       Street, NW, Washington, DC. 20036,
BILLING CODE 6560–50–S
                                                                                                                (202) 857–3800, facsimile (202) 857–
                                                          1. The authority citation for Part 73                 3805.
                                                        continues to read as follows:
FEDERAL COMMUNICATIONS                                                                                          List of Subjects in 47 CFR Part 73
                                                           Authority: 47 U.S.C. 154, 303, 334, 336.
COMMISSION                                                                                                        Radio broadcasting.
                                                        § 73.202    [Amended]                                     Part 73 of title 47 of the Code of
47 CFR Part 73                                                                                                  Federal Regulations is amended as
                                                          2. Section 73.202(b), the Table of FM
[DA 00–1754; MM Docket No. 98–99; RM–                   Allotments under Wyoming, is amended                    follows:
9283 and RM–9695]                                       by adding Shoshoni, Channels 290C and
                                                                                                                PART 73—[AMENDED]
                                                        244A, and Dubois, Channel 231A.
Radio Broadcasting Services;
Shoshoni and Dubois, Wyoming                            Federal Communications Commission.                        1. The authority citation for part 73
                                                        John A. Karousos,                                       continues to read as follows:
AGENCY: Federal Communications
                                                        Chief, Allocations Branch, Policy and Rules                Authority: 47 U.S.C. 154, 303, 334 and 336.
Commission.                                             Division, Mass Media Bureau.
ACTION: Final rule.                                     [FR Doc. 00–21575 Filed 8–23–00; 8:45 am]               § 73.202   [Amended]

SUMMARY: In response to a Notice of                     BILLING CODE 6712–01–P                                    2. Section 73.202(b), the Table of FM
Proposed Rule Making, 63 FR 36199                                                                               Allotments under California, is
(July 2, 1998), this document allots                                                                            amended by removing Channel 253B
                                                        FEDERAL COMMUNICATIONS                                  and adding Channel 253B1 at Delano
Channels 290C and 244A to Shoshoni,
                                                        COMMISSION                                              and by removing Channel 237B1 and
Wyoming as the community’s first and
second local transmission services. The                                                                         adding Channel 237B at Fort Bragg.
                                                        47 CFR Part 73
coordinates for those channels are 43–                                                                            3. Section 73.202(b), the Table of FM
14–06 North Latitude and 108–06–36                      Radio Broadcasting Services; Various                    Allotments under Colorado, is amended
West Longitude. This document also                      Locations                                               by removing Channel 288A and adding
allots Channel 231A to Dubois,                                                                                  Channel 289C3 at Sterling.
Wyoming as that community’s first local                 AGENCY: Federal Communications
                                                                                                                  4. Section 73.202(b), the Table of FM
service. The coordinates for Channel                    Commission.                                             Allotments under Georgia, is amended
231A are 43–32–36 North Latitude and                    ACTION: Final rule.                                     by removing Channel 235C and adding
109–37–48 West Longitude.                                                                                       Channel 235C1 at Atlanta.
                                                        SUMMARY: The Commission, on its own
DATES: Effective September 18, 2000.                    motion, editorially amends the Table of                   5. Section 73.202(b), the Table of FM
Filing windows for channels 290C and                    FM Allotments to specify the actual                     Allotments under Idaho, is amended by
244A at Shoshoni and Channel 231A at                    classes of channels allotted to various                 removing Channel 271A and adding
Dubois will not be opened at this time.                 communities. The changes in channel                     Channel 271C1 at Driggs and by
Instead, the issue of opening a filing                  classifications have been authorized in                 removing Channel 296A and adding
window for those channels will be                       response to applications filed by                       Channel 296C1 at Idaho Falls.
addressed by the Commission in a                        licensees and permittees operating on                     6. Section 73.202(b), the Table of FM
subsequent Order.                                       these channels. This action is taken                    Allotments under Illinois, is amended
ADDRESSES: Federal Communications                       pursuant to Revision of Section                         by removing Channel 236A and adding
Commission, Washington, DC 20554.                       73.3573(a)(1) of the Commission’s Rules                 Channel 236B1 at Carterville.
FOR FURTHER INFORMATION CONTACT: R.                     Concerning the Lower Classification of                    7. Section 73.202(b), the Table of FM
Barthen Gorman, Mass Media Bureau,                      an FM Allotment, 4 FCC Rcd 2413                         Allotments under Kansas, is amended
(202) 418–2180.                                         (1989), and the Amendment of the                        by removing Channel 265A and adding
SUPPLEMENTARY INFORMATION: This is a                    Commission’s Rules to permit FM                         Channel 265C3 at Clay Center.
synopsis of the Commission’s Report                     Channel and Class Modifications                           8. Section 73.202(b), the Table of FM
and Order, MM Docket No. 98–99,                         [Upgrades] by Applications, 8 FCC Rcd                   Allotments under Kentucky, is amended
adopted July 26, 2000, and released                     4735 (1993).                                            by removing Channel 221C3 and adding
August 4, 2000. The full text of this                   DATES: Effective August 24, 2000.                       Channel 221C2 at Carlisle and by


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               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51553

removing Channel 222C2 and adding                    DEPARTMENT OF COMMERCE                                  comments on any ambiguity or
Channel 222C3 at London.                                                                                     unnecessary complexity arising from the
                                                     National Oceanic and Atmospheric                        language used in this final rule to
  9. Section 73.202(b), the Table of FM              Administration                                          Regional Administrator, 709 West Ninth
Allotments under Louisiana, is                                                                               Street, Federal Office Building, Suite
amended by removing Channel 250A                     50 CFR Part 679                                         453, National Marine Fisheries Service,
and adding Channel 250C2 at De                                                                               Ju:neau, AK 99801.
Ridder.                                              [Docket No. 000511130-0237-02; I.D.
                                                     032900C]                                                FOR FURTHER INFORMATION CONTACT:
  10. Section 73.202(b), the Table of FM                                                                     James Hale, 907-586-7228.
                                                     RIN 0648-AN25
Allotments under Michigan, is amended                                                                        SUPPLEMENTARY INFORMATION : NMFS
by removing Channel 288A and adding                  Fisheries of the Exclusive Economic                     manages the groundfish fisheries in the
Channel 288C1 at Pickford.                           Zone Off Alaska; Allocation of Pacific                  Exclusive Economic Zone (3 to 200
                                                     Cod among Vessels Using Hook-and-                       miles offshore) of the BSAI pursuant to
  11. Section 73.202(b), the Table of FM                                                                     the FMP, which the Council prepared
Allotments under Nebraska, is amended                line or Pot Gear in the Bering Sea and
                                                     Aleutian Islands                                        and NMFS approved in accordance with
by removing Channel 272C3 and adding                                                                         the Magnson-Stevens Fishery
Channel 275C1 at Kearney.                            AGENCY: National Marine Fisheries                       Conservation and Management Act,
                                                     Service (NMFS), National Oceanic and                    Pub. L. 94-265, 16 U.S.C. 1801
  12. Section 73.202(b), the Table of FM
                                                     Atmospheric Administration (NOAA),                      (Magnson-Stevens Act).
Allotments under New Mexico, is                                                                                 The Council adopted Amendment 64
                                                     Commerce.
amended by removing Channel 275A                                                                             at its October 1999 meeting. NMFS
                                                     ACTION: Final rule; revision of final
and adding Channel 275C2 at Las Vegas.                                                                       published the Notice of Availability for
                                                     2000 harvest specifications; closure.
  13. Section 73.202(b), the Table of FM                                                                     the amendment in the Federal Register
Allotments under Oregon, is amended                  SUMMARY: NMFS issues regulations to                     on April 11, 2000 (65 FR 19354),
by removing Channel 259A and adding                  implement Amendment 64 to the                           inviting public review and comment on
Channel 259C3 at Bend.                               Fishery Management Plan for the                         the FMP amendment through June 12,
                                                     Groundfish Fishery of the Bering Sea                    2000. NMFS approved Amendment 64
  14. Section 73.202(b), the Table of FM             and Aleutian Islands Area (FMP). NMFS                   on July 12, 2000.
Allotments under Texas, is amended by                also revises the 2000 harvest                              NMFS published a proposed rule to
removing Channel 251C2 and adding                    specifications for Pacific cod in the                   implement Amendment 64 and revise
Channel 251C1 at Anson and by                        Bering Sea and Aleutian Islands                         the 2000 harvest specifications for
removing Channel 240C3 and adding                    management area (BSAI) to be                            Pacific cod in the Federal Register on
Channel 239C2 at Big Spring and by                   consistent with these regulations and                   May 26, 2000 (65 FR 34133). The public
removing Channel 284C and adding                     closes directed fishing for Pacific cod in              comment period on the proposed rule
Channel 284C1 at Burkburnett and by                  the BSAI by hook-and-line catcher                       ended on July 10, 2000. NMFS received
removing Channel 236C2 and adding                    vessels over 60 ft length overall (LOA)                 a total of 14 letters of comment, 11
Channel 236C1 at Comfort and by                      and pot vessels over 60 ft LOA. This                    supporting the amendment and 3
                                                     closure is necessary to prevent                         opposing it. All comments are
removing Channel 241C2 and adding
                                                     exceeding the respective allocations of                 summarized and responded to under the
Channel 241C1 at Odessa and by
                                                     the hook-and-line and pot gear (fixed                   Response to Comments section.
removing Channel 285C2 and adding
Channel 285C1 at Pilot Point and by                  gear) Pacific cod total allowable catch                 Background and Need for Action
                                                     (TAC) specified for each of these gear
removing Channel 245A and adding                                                                                Beginning in 1997, Amendment 46 to
                                                     sectors in Amendment 64 and
Channel 245C3 at Pittsburg.                                                                                  the FMP allocated the TAC for BSAI
                                                     implemented by this final rule and the
  15. Section 73.202(b), the Table of FM             revised specifications. This final rule is              Pacific cod among vessels using jig gear,
                                                     necessary to implement Amendment 64                     trawl gear, and fixed gear. Two percent
Allotments under Washington, is
                                                     and to respond to the fishing industry’s                of the TAC is reserved for jig gear, 47
amended by removing Channel 249A
                                                     socioeconomic needs that have been                      percent for trawl gear, and 51 percent
and adding Channel 249C3 at East                                                                             for fixed gear. The amendment further
Wenatchee.                                           identified by the North Pacific Fishery
                                                     Management Council (Council). It is                     split the trawl allocation equally
Federal Communications Commission.
                                                     intended to promote the goals and                       between catcher vessels and catcher/
John A. Karousos,                                    objectives of the FMP.                                  processor vessels, but no split was
Chief, Allocations Branch, Policy and Rules                                                                  adopted for the 51 percent allocated to
                                                     DATES: Final rule and revisions to the
Division, Mass Media Bureau.                                                                                 hook-and-line and pot vessels.
                                                     specifications are effective September 1,                  Increased prices for Pacific cod,
[FR Doc. 00–21398 Filed 8–23–00; 8:45 am]            2000; Closure is effective 1200 hrs,                    reduced crab guideline harvest levels,
BILLING CODE 6712–01–P                               Alaska local time (A.l.t.), September 1,                and shortened or canceled crab seasons
                                                     2000, until 2400 hrs, A.l.t., December                  due to low resource abundance have
                                                     31, 2000.                                               resulted in increased harvests of Pacific
                                                     ADDRESSES: Copies of Amendment 64                       cod by vessels using pot gear.
                                                     and the Environmental Assessment/                       Fishermen displaced from crab fisheries
                                                     Regulatory Impact Review/Initial                        have expressed ongoing interest in
                                                     Regulatory Flexibility Analysis (EA/                    fishing for Pacific cod, aggravating
                                                     RIR/IRFA) and the supplementary Final                   concerns by long-term Pacific cod
                                                     Regulatory Flexibility Analysis (FRFA)                  fishermen about erosion of their gear
                                                     prepared for this action are available                  harvest shares in the cod fishery in favor
                                                     from the Council at 605 West 4th                        of new entrants using pot gear who,
                                                     Avenue Suite 306, Anchorage, AK                         until very recently, focused harvest
                                                     99501, telephone 907-271-2809. Send                     activity in the BSAI crab fisheries.


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51554          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

  In response to these concerns, the                    Harvests by pot and hook-and-line                    Whereas Amendment 64 establishes
Council initiated an analysis at its April           catcher vessels less than 60 ft LOA will                allocations for different sectors of the
1999 meeting of the effects of splitting             accrue against the 1.4-percent allocation               fixed-gear fishery, upcoming
the fixed gear allocation of Pacific cod             only after pot vessels and hook-and-line                Amendment 67 would limit the
in the BSAI among hook-and-line                      catcher vessels harvest the respective                  participants to those who meet certain
catcher/processor vessels, hook-and-line             18.3 percent and 0.3 percent allocations.               historical criteria. Prior to the expiration
catcher vessels, and catcher vessels and             Managing the allocations in this manner                 date, the Council intends to reconsider
catcher/processors using pot gear. At its            will ensure that cod is available to the                the issue in light of other proposed
June 1999 meeting, the Council                       smaller catcher vessels even after the                  changes impending for the BSAI Pacific
reviewed the analysis and drafted the                larger vessels in their gear sector have                cod groundfish fisheries, including
following problem statement to guide                 taken their allocation. Nevertheless, if                proposed gear or species endorsements
further analysis of alternatives for                 the pot gear fishery lasts longer than the              on permits issued under the license
Amendment 64:                                        hook-and-line fishery, then the small                   limitation program.
   The hook-and-line and pot fisheries for           hook-and-line catcher vessels could                        In adopting Amendment 64, the
Pacific cod in the Bering Sea/Aleutian               begin (and possibly finish) harvesting                  Council recognized that a separate
Islands are fully utilized. Competition for          the 1.4-percent allocation before catcher               regulatory amendment would be needed
this resource has increased for a variety of         vessels under 60 ft LOA using pot gear                  to apportion the 900 mt Pacific halibut
reasons, including increased market value of         have an opportunity to harvest any of                   prohibited species mortality limit
cod products and a declining acceptable                                                                      established for nontrawl gear in
                                                     the 1.4-percent allocation set aside for
biological catch and total allowable catch.
                                                     smaller catcher vessels.                                regulations at § 679.21(e)(2) among
Longline and pot fishermen who have made
significant long-term investments, have long            Because a sector of the BSAI Pacific                 catcher vessels and catcher/processor
catch histories, and are significantly               cod fishery may not be able to harvest                  vessels fishing for Pacific cod using
dependent on the BSAI cod fisheries need             its entire allocation in a year due to                  hook-and-line gear. Current regulations
protection from others who have little or            halibut bycatch constraints or, in the                  authorize only a separate Pacific halibut
limited history and wish to increase their           case of the jig fishery, insufficient effort            bycatch allowance to the ‘‘Pacific cod
participation in the fishery. This requires          in the fishery, the Council also provided               hook-and-line fishery’’ defined at §
prompt action to promote stability in the            direction on how projected unharvested                  679.21(e)(4)(ii)(A). Thus, catcher/
BSAI fixed gear cod fishery until                    amounts of a gear’s directed fishing                    processor vessels using hook-and-line
comprehensive rationalization is completed.          allowance may be transferred to a                       gear to fish for Pacific cod could attain
   The subsequent analysis reviewed, in              different user group. Unharvested                       amounts of halibut bycatch mortality
addition to the status quo, alternatives             amounts (roll-overs) from the jig or                    that would result in prohibition of
for separate Pacific cod allocations for             trawl gear allocations will be                          directed fishing for Pacific cod by all
the different hook-and-line and pot gear             apportioned between catcher-processors                  vessels using hook-and-line gear,
users that approximate their historical              using hook-and-line gear and vessels                    including catcher vessels using this gear
catches over the past 4 years. The                   equal to or greater than 60 ft LOA using                type under a separate Pacific cod
options analyzed determined those                    pot gear according to the actual harvest                directed fishing allowance.
percentages based on catch histories                 of roll-overs by these two sectors during                  To respond to this concern, the
from (1) 1996 and 1997, (2) 1997 and                 the 3-year period from 1996 to 1998.                    Council has requested staff to develop
1998, (3) 1996 through 1998, and (4)                 Projections based on information in the                 an analysis of regulatory measures that
1995 through 1998. In general, the                   analysis for this action indicate that 94.7             would authorize further allocation of
allocations that would result from these             percent of the cod will be allocated to                 the Pacific halibut mortality limits
options ranged between 80 and 85                     the hook-and-line catcher-processor                     among vessels using hook-and-line or
percent to hook-and-line vessels and                 fleet and the remaining 5.3 percent to                  pot gear. If the Council adopts such
between 15 and 20 percent to pot                     the pot fleet. In addition, any amounts                 regulatory measures in the future, a
vessels.                                             of Pacific cod annually allocated to                    proposed rule a proposed rule would be
   At its October 1999 meeting, the                  catcher vessels using hook-and-line gear                published for public review and
Council adopted Amendment 64 to set                  or to vessels less than 60 ft LOA that are              comment.
Pacific cod directed fishing allowances              projected to remain unharvested will be
for the different hook-and-line and pot                                                                      Incidental Catch Allowance (ICA)
                                                     rolled over to the hook-and-line catcher-
gear users (sectors) in the following                processor fleet in September.                              Pacific cod also are taken incidentally
percentages: Hook-and-line catcher/                     The Pacific cod directed fishing                     in directed fisheries using hook-and-line
processor vessels, 80 percent; hook-and-             allowances established by Amendment                     or pot gear for other species. To the
line catcher vessels, 0.3 percent; pot               64 for the different fixed gear sectors                 extent practicable, NMFS credits this
gear vessels, 18.3 percent; and hook-                terminate on December 31, 2003.                         incidental harvest against the TAC to
and-line or pot catcher vessels less than            Continuing the allocation percentages of                ensure that Pacific cod are not
60 ft LOA, 1.4 percent. These                        Pacific cod set forth in Amendment 64                   overharvested. This final rule requires
percentages represent divisions of the               or changing them after that date will                   the Regional Administrator of NMFS,
hook-and-line or pot gear TAC after a                require Council adoption and NMFS’                      Alaska Region, to annually establish an
deduction of estimated incidental catch              approval of a new FMP amendment. In                     incidental catch allowance for Pacific
of Pacific cod in other groundfish hook-             adopting an expiration date for the                     cod taken in other directed hook-and-
and-line or pot gear fisheries.                      proposed amendment, the Council                         line and pot fisheries for groundfish.
   Amendment 64 requires that specific               reasoned that 3 years would be                          The incidental catch allowance will be
provisions for the accounting of these               sufficient time to evaluate the impact of               deducted from the overall hook-and-line
directed fishing allowances and the                  this action in light of other impending                 or pot gear allocation of the Pacific cod
transfer of unharvested amounts of these             changes for the BSAI fixed-gear fishery,                TAC before that allocation is divided
allowances to other vessels using hook-              such as upcoming Amendment 67 to                        among the different hook-and-line and
and-line or pot gear be set forth in                 require Pacific cod and gear                            pot gear user groups.
regulations. This final rule sets forth              endorsements on permits issued under                       The incidental catch of Pacific cod
these provisions.                                    the License Limitation Program (LLP).                   occurs in non-groundfish fisheries such


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                 51555

as the hook-and-line gear fishery for               Pacific cod in the non-groundfish                       2000), a mid-year implementation of
Pacific halibut or the crab pot gear                fisheries.                                              Amendment 64 requires that any
fisheries. Sufficient data currently are               Subsequent to the Council’s October                  overage of a sector’s annual allocation of
not collected from these fisheries that             1999 adoption of Amendment 64,                          Pacific cod be deducted proportionately
would allow NMFS to extrapolate useful              several owners of catcher/processor                     from the other sectors’ allocations
estimates of incidental catch for                   vessels using pot gear to participate in                remaining for the year. The directed
purposes of specifying the annual ICA               a directed fishery for Pacific cod                      fishery for Pacific cod by vessels using
and deducting these amounts from the                petitioned the Council to initiate a                    pot or hook-and-line gear was closed on
Pacific cod TAC allocated to vessels                separate FMP amendment that would                       March 10, 2000, when harvest amounts
using hook-and-line or pot gear as                  authorize separate Pacific cod directed                 reached the first seasonal allowance of
directed fishing allowances. The total              fishing allowances for catcher/processor                Pacific cod specified for these vessels.
IAC amount of Pacific cod in the crab               vessels using pot gear and catcher                      At that time, the pot-gear fishery had
and Pacific halibut fisheries likely                vessels using pot gear. This petition was               harvested 20.4 percent of the annual
                                                    based on the assumptions that increased                 fixed gear directed fishing allowance.
exceeds several thousand mt based on
                                                    fishing effort for Pacific cod with pot                 This amount represents 111 percent of
(1) anecdotal information on the amount
                                                    gear is due primarily to catcher vessels                the 2000 allocation for pot gear vessels
of incidentally caught Pacific cod used
                                                    using pot gear and that the historical                  (regardless of LOA) authorized by
as bait in the crab fisheries, (2) the fact         harvest share of cod by catcher/
that the Pacific halibut fishery during                                                                     Amendment 64. Also, the hook-and-line
                                                    processor vessels using pot gear is                     catcher vessel fleet had harvested 0.35
summer months typically occurs in                   threatened. In response to these
relatively shallow water where Pacific                                                                      percent of the directed fishing
                                                    concerns, the Council requested staff to                allowance for the fixed gear fleet, or 116
cod are prevalent, and (3) assumptions              develop a separate FMP amendment
on amount of gear deployed and                                                                              percent of the 2000 allocation for all
                                                    that would authorize a further allocation               hook-and-line catcher vessels
incidental catch rates. In the absence of           of Pacific cod between these two
the quantitative data needed to estimate                                                                    (regardless of LOA) authorized under
                                                    sectors. If adopted by the Council in the               Amendment 64. Because these
incidental Pacific cod harvests in the              future, the proposed amendment and a
halibut and crab fisheries, NMFS                                                                            allocations have been exceeded, this
                                                    proposed rule to implement it would be                  action also closes the hook-and-line
intends to estimate the ICA only on the             published in the Federal Register for
basis of incidental catch estimated for                                                                     catcher vessel and pot gear sectors to
                                                    public review and comment.                              further directed fishing for Pacific cod
the non-Pacific cod hook-and-line or pot
                                                    Revision of 2000 Harvest Specifications                 in the BSAI in 2000.
gear groundfish fisheries.
                                                    for Pacific Cod                                            The Council intends that harvests by
   NMFS recognizes the potential                                                                            fixed gear sector vessels under 60 ft
biological significance of not accounting              In December 1999, the Council
                                                    recommended seasonal allowances for                     LOA only accrue against the allocation
for all incidental catch of Pacific cod in                                                                  to fixed gear vessels under 60 ft LOA
non-trawl fisheries and intends to                  the 51 percent of the Pacific cod TAC
                                                    allocated to the hook-and-line or pot                   after the pot or longline catcher vessels
explore with the State of Alaska and the                                                                    harvested their 18.3 percent and 0.3
International Pacific Halibut                       gear fisheries. The seasonal allowances
                                                    are authorized under § 679.20(a)(7)(iv)                 percent allocations, respectively. This
Commission options to collect better                                                                        set aside allocation provides that the
                                                    and are based on the criteria set forth at
information on incidental catch rates of                                                                    smaller vessels will have Pacific cod
                                                    § 679.20(a)(7)(iv)(B). The final 2000
non-target species in the crab and                                                                          available for harvest even after the larger
                                                    harvest specifications for BSAI
Pacific halibut fisheries. NMFS further                                                                     vessels in their sector have taken their
                                                    groundfish were approved by NMFS
anticipates that improved estimates of                                                                      allocation. The hook-and-line catcher/
                                                    and published in the Federal Register
incidental catch amounts in these                   on February 18, 2000 (65 FR 8282).                      processor and small vessel sectors’
fisheries will be available to the Council             By this action NMFS also revises the                 allocations are adjusted downward to
when it reassesses BSAI Pacific cod                 final 2000 harvest specifications in                    account for the overharvests by pot gear
allocation issues prior to the expiration           concert with the hook-and-line and pot                  and hook-and-line catcher vessels. Table
date of Amendment 64. Until then,                   gear allocations in the amendment. The                  1 lists the revisions to the final 2000
NMFS stock assessment scientists                    final 2000 harvest specifications set the               allocations and seasonal
believe that, while the amounts of                  hook-and-line or pot gear allocation of                 apportionments of the Pacific cod TAC.
Pacific cod taken in the crab and Pacific           the 2000 Pacific cod TAC at 91,048 mt.                     Consistent with § 679.20(a)(7)(iv)(C),
halibut fisheries could exceed several              An incidental catch allowance of 500                    any portion of the first seasonal
thousand mt, this level of mortality does           mt, derived from estimates of incidental                allowance of the catcher/processor
not pose significant concerns for                   catch of Pacific cod in other groundfish                hook-and-line gear allocation that is not
overfishing or sustainable resource                 fisheries from 1996-1999, will be                       harvested by the end of the first season
management of the Pacific cod resource              deducted from the hook-and-line or pot                  will become available on September 1,
given the conservative management of                gear allocation of the Pacific cod TAC                  the beginning of the third season. No
this species under the FMP. NMFS                    before the allocation is apportioned to                 seasonal apportionment of the amounts
firmly believes that steps must be taken            the separate gear sectors.                              of Pacific cod allocated to catcher
to collect the data necessary to obtain                As noted in the preamble to the                      vessels or to vessels using pot gear is
better estimates of overall mortality of            proposed rule (65 FR 34133, May 26,                     specified for 2000.




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51556             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

    TABLE 1.—YEAR 2000 GEAR SHARES AND SEASONAL APPORTIONMENTS OF THE BSAI PACIFIC COD
                           HOOK-AND-LINE AND POT GEAR ALLOCATION
                                                                                                      Harvest (mt)                                               Seasonal apportionment2
                                                                                                                                   Adjusted
                 Gear Sector                                    Percent             Share (mt)         as of 7/13/                Share (mt)1
                                                                                                          2000                                                      Date                 Amount (mt)

Hook-and-Line Catcher-Processors                                            80            72,438                  40,433                     70,558        Jan 1-Apr 30 .....                  50,237
                                                                                                                                                           May 1-Aug 31 ...                        ---
                                                                                                                                                           Sept 1-Dec 31 ..                    20,321
Hook-and-Line Catcher-Vessels                                              0.3               272                       318                         --      Jan 1-Dec 31 ....                      272
Pot Gear Vessels                                                          18.3            16,570                  18,442                           --      Jan 1-Dec 31 ....                   16,570
Catcher Vessels under 60 feet LOA using                                    1.4             1,268     ........................                  1,230       Jan 1-Dec 31 ....                    1,230
  Hook-and-line or Pot Gear

      Sub-total .........................................                 100             90,548     ........................   ........................   ...........................         90,548

Incidental Catch Allowance                                   ....................            500     ........................   ........................   ...........................            500
Total hook-and-line and pot gear alloca-                     ....................         91,048     ........................   ........................   ...........................         91,048
  tion of Pacific cod TAC
  1 Shares  are adjusted proportionately to account for overages by the hook-and-line catcher vessel and pot gear sectors.
  2 Any  unused portion of the first seasonal Pacific cod allowance specified for catcher/processors using hook-and-line fishery will be reappor-
tioned to the third seasonal allowance.


Response to Comments                                                this action and should, therefore, be the                          ‘‘universe of small entities’’ potentially
  NMFS received a total of 14 letters of                            sole focus of any measures to mitigate                             impacted by the action.
comment, all of which are summarized                                this action’s impact on small entities. (4)                           The EA/RIR/IRFA for Amendment 64
and responded to in this section. Of the                            Amendment 64 does not adhere to the                                presented alternatives with different
total, the 11 letters that support the                              conservation and community goals of                                percentage allocations, each of which
amendment and make essentially the                                  the Magnson-Stevens Act, as required                               represented tradeoffs in terms of
same comment are summarized under                                   by national standard 4 (allocations shall                          impacts. Some small entities may be
comment 1. Of the three letters                                     be fair and equitable), national standard                          negatively impacted, and others
opposing the amendment, the two                                     5 (conservation and management                                     positively impacted. Amendment 64,
signed by a single author, make the                                 measures shall consider efficiency, but                            the Council’s preferred alternative,
same objections to the amendment and                                not have economic allocation as their                              represents the Council’s deliberate
are summarized under comment 2; the                                 sole purpose), and national standard 8                             intent to minimize impacts on small
third letter is summarized under                                    (conservation and management                                       entities by allocating more cod to
comment 3.                                                          measures shall provide for the sustained                           catcher vessels delivering to shore-based
  Comment 1. Amendment 64 is                                        participation of fishing communities                               processors than they have historically
necessary to the stability and overall                              and minimize adverse impacts on such                               harvested. That allocation will tend to
rationalization of the fixed gear Pacific                           communities).                                                      benefit small entities. Conversely, the
cod fishery in the BSAI, especially with                               Response. Section 603(b)(3) of the                              freezer longline fleet, with the highest
the likely increase of fishing effort by                            RFA requires that an IRFA contain ‘‘a                              percentage of large entities, will receive
vessels formerly targeting crab. All                                description of and, where feasible, an                             a smaller allocation to balance the
comment writers encourage prompt                                    estimate of the number of small                                    increase given to small entities.
implementation of the amendment, and                                entities’’ to which an action will apply.                             Amendment 64 is consistent with all
six letters explicitly entreat NMFS to                              The IRFA and supplemental IRFA for                                 the national standards, including 4, 5,
implement the amendment by                                          Amendment 64 contain such a                                        and 8 under the Magnson-Stevens Act.
September 1.                                                        description and a reasonable estimate of                           National standard 4 requires that
  Response. NMFS agrees and is
                                                                    the number of affected small entities, as                          conservation and management measures
expediting implementation of the
                                                                    defined by the RFA (see Classification                             not discriminate between residents of
amendment.
                                                                    for a summary of the IRFA and the                                  different states and that allocations be
  Comment 2. Amendment 64 and its
                                                                    estimated numbers of affected small                                fair and equitable, be reasonably
implementing rule are opposed for the
                                                                    entities).                                                         calculated to promote conservation, and
following four reasons: (1) The Initial
Regulatory Flexibility Analysis (IRFA)                                 For purposes of the RFA, a small                                implemented in such a manner that no
for Amendment 64 does not satisfy the                               entity is defined as a business that is                            entity receive an excessive share of
requirements of the Regulatory                                      independently owned and operated, is                               fishing privileges. The allocations in
Flexibility Act (RFA) because the IRFA                              not dominant in its field of operation,                            Amendment 64 are made based on gear
estimates the number of small entities                              and has combined annual receipts not                               sectors and do not result in the
impacted by this action, rather than                                in excess of $3 million. The IRFA                                  acquisition of any particular share of the
specifying their exact number. (2)                                  identifies such entities in the BSAI fixed                         privilege by any individual entity.
Because the exact number of affected                                gear Pacific cod fishery, many of which                               These allocations reflect historical
small entities is unknown, NMFS could                               are not pot vessels. Construing pot                                gear shares of the Pacific cod annually
not adequately consider measures that                               vessels alone as the entire ‘‘universe’’ of                        harvested by vessels using hook-and-
would minimize any impacts on small                                 affected small entities would fail to                              line or pot gear. As such, NMFS believes
entities. (3) For purposes of the RFA,                              satisfy the agency’s requirements under                            that these allocations reflect historical
pot vessels constitute the ‘‘universe of                            the RFA. Those requirements are met by                             participation in the fishery, promote
small entities’’ potentially impacted by                            considering all small entities as the                              stability within the Pacific cod fishery,


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and are fair, equitable, and calculated to          Limitation Program. Amendment 67 has                    vessels could be considered small
promote conservation.                               not yet been submitted to NMFS for                      businesses under RFA, processing less
   While considering economic                       review. When it is submitted and NMFS                   than 2 percent of the total shoreside
efficiency in the utilization of fishery            determines it to be adequate for public                 landings of Pacific cod by catcher
resources, national standard 5 requires             review and comment, NMFS will                           vessels in 1998. Other small entities
that management measures not have                   initiate the public process that would                  impacted by Amendment 64 are the
economic allocation as their sole                   more appropriately focus on the issue                   three Alaskan communities that are
purpose. The goal of Amendment 64 is                raised in comment 3.                                    home to processing plants that process
to stabilize the Pacific cod fixed-gear               The final rule makes no changes in                    limited amounts of BSAI Pacific cod:
fishery in a way that preserves the                 the regulations as published in the                     King Cove, Egegik, and Kenai.
historical character of the fishery.                proposed rule.                                             Amendment 64 allocates more Pacific
Hence, its purpose extends beyond                                                                           cod to catcher vessels delivering to
economics to prevent the negative social            Closure                                                 shore-based processors than such
impacts caused by over-utilization by                  Hook-and-line catcher vessels and pot                vessels have historically harvested,
fishing communities historically                    gear vessels over 60 feet LOA have                      which will tend to benefit small entities.
dependent on the resource, and ensuing              already exceeded the allocations of the                 Conversely, the freezer longline fleet,
impacts on the resource.                            fixed gear Pacific cod TAC that this                    with the highest proportion of large
   National standard 8 requires that                action establishes as directed fishing                  entities, will receive a smaller allocation
management measures recognize the                   allowances for those gear sectors: 272                  to balance the increase given to catcher
importance of fishery resources to                  mt and 16,570 mt, respectively.                         vessels.
fishing communities and provide for the                In accordance with § 679.20(a)(7)(i)(C)                 Amendment 64 allocates a portion of
sustained participation of such                     and (D), the Administrator, Alaska                      the Pacific cod resource away from the
communities and to the extent                       Region, NMFS (Regional Administrator),                  longline catcher-processor fleet and
practicable, minimize adverse economic              has determined that the hook-and-line                   moves it to the catcher vessels
impacts on such communities. By                     catcher vessel and pot gear vessel                      delivering to shore-based processors or
basing the allocations on historical                directed fishing allowances for Pacific                 motherships. Because the longline
harvests by the respective gear sectors,            cod in the BSAI have been exceeded.                     catcher-processor fleet comprises the
the Council intends the amendment to                Therefore, the Regional Administrator is                highest number of large entities of any
stabilize the historical character of the           prohibiting directed fishing for Pacific                sector fishing off Alaska, this allocation
fishery and its dependent communities.              cod by hook-and-line catcher vessels                    tends to favor small entities. By
   Comment 3. Amendment 64 defies                   and pot gear vessels over 60 ft LOA in                  implementing the allocations by gear
the conservation and community goals                the BSAI.                                               sector without limiting the number of
of the Magnson-Stevens Act by                                                                               vessels in any gear sector that may enter
prioritizing gear sectors that have higher          Classification                                          the fishery, this action may have the
bycatch rates and by laying the                        This final rule has been determined to               effect of increasing competition among
groundwork for a subsequent FMP                     be not significant for purposes of                      users. However, the Council at its April
amendment (the Council’s proposed                   Executive Order 12866.                                  2000 meeting took final action to
Amendment 67) to reduce the number                     The Council prepared an EA for this                  mitigate the effect of this action on
of vessels eligible to fish for Pacific cod.        FMP amendment that discusses the                        competition within gear sectors by
These actions will disenfranchise                   impact on the environment as a result                   recommending for approval by NMFS a
smaller size vessels. By creating a                 of this rule. A copy of this EA is                      proposed amendment to require gear
limited allocation for pot vessels,                 available from the Council (see                         and species endorsements on licenses of
Amendment 64 will increase effort in                ADDRESSES).                                             those who wish to participate in the
the Gulf of Alaska and in Alaska state                 In compliance with the RFA, NMFS                     fixed gear BSAI Pacific cod fishery.
waters by vessels displaced from the                prepared a supplementary FRFA                              The magnitude of the Amendment
crab fishery by decreasing crab stocks.             consisting of the IRFA, the FRFA, and                   64’s impact cannot be conclusively
This will increase the potential for                the preamble to this final rule. A                      determined with the data currently
localized depletion inside the 3-mile               summary of the issues addressed by the                  available. Most persons operating in the
limit and has already forced the Alaska             supplementary FRFA follows.                             fishery impacted by the action are small
State Board of Fisheries to establish a                For purposes of the RFA, all catcher                 entities given their expected annual
separate allocation and management                  vessels fishing for Pacific cod using                   gross revenues of less than $3 million,
plan for Pacific cod in State waters.               hook-and-line or pot gear are considered                and revenues could potentially be
   Response. NMFS disagrees.                        small businesses, with annual receipts                  decreased by more than 5 percent, but
Amendment 64 neither prioritizes nor                of less than $3 million. Under upcoming                 that depends on the level of catch that
disenfranchises any gear sector. Rather,            Amendment 60 to the BSAI Groundfish                     might be achieved in the absence of an
it establishes allocations based on                 FMP, approximately 330 catcher vessels                  allocation. Also, impacts of this action
historical shares of the Pacific cod                would be authorized under the license                   on potential revenues cannot be isolated
harvest by the respective gear sectors.             limitation program (LLP) to participate                 from other factors, including price
The intent of the amendment is to                   in the Bering Sea Pacific cod hook-and-                 fluctuation, amount of effort exerted by
stabilize the fishery against increasing            line or pot gear fishery. Of the 98                     latent permits, and such stock
competition until such time as                      catcher-processor vessels potentially                   fluctuation as crab of alternative
comprehensive rationalization is                    authorized under the LLP to fish for                    fisheries.
completed. As the authors of the                    Pacific cod, approximately one-third                       As with many allocation-based
comment acknowledge, their comment                  could be considered small entities. Five                management measures, this action
is directed more properly at the                    of the ten shore-based plants and                       involves a percentage allocation of the
Council’s upcoming Amendment 67,                    floating processors operating within                    TAC among competing groups of
which would require area and gear                   Alaskan state waters and processing                     vessels. Under the final rule, vessels in
endorsements for the fixed gear Pacific             most of the Pacific cod harvested by                    each group primarily are small entities
cod fishery as part of the License                  hook-and-line or pot gear catcher                       representing a tradeoff in terms of


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51558         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations

impacts (i.e., some small entities could               To date, in 2000, the pot gear fleet has             PART 679--FISHERIES OF THE
be negatively impacted and other                    harvested 20 percent of the directed                    EXCLUSIVE ECONOMIC ZONE OFF
positively impacted). The Council’s                 fishing allowance for the fixed gear                    ALASKA
preferred alternative will allocate more            fleet, or 111 percent of the 2000
cod to catcher vessels delivering to                allocation that is authorized under                       1. The authority citation for 50 CFR
shore based processors and motherships              Amendment 64. This action closes to                     part 679 continues to read as follows:
than they have historically harvested.              further fishing in 2000 that sector of the                Authority: 16 U.S.C. 773 et seq, 1801 et
That allocation will tend to benefit                pot gear fishery engaged in directed                    seq., and 3631 et seq.
small entities. The freezer longline fleet,         fishing for Pacific cod, with the                          2. In § 679.20, paragraph (a)(7)(i)(C) is
with the highest proportion of large                exception of pot gear vessels under 60                  redesignated as paragraph (a)(7)(i)(D),
entities, will receive a smaller allocation         ft LOA, which will be able to fish under                paragraph (a)(7)(ii)(B) is redesignated as
to balance the increase given to small              the allocation set aside for hook-and-                  paragraph (a)(7)(ii)(C), paragraph
catcher vessels.                                                                                            (a)(7)(iii) is removed, paragraph
                                                    line catcher vessels and pot gear vessels
   A future action being considered by              under 60 ft LOA. This closure must be                   (a)(7)(iv) is redesignated as paragraph
the Council may have mitigating effects                                                                     (a)(7)(iii), redesignated paragraphs
                                                    effective by the start of the third Pacific
to some degree. One of the points raised                                                                    (a)(7)(i)(D), (a)(7)(ii)(C), (a)(7)(iii)(A),
                                                    cod season on September 1, 2000, in
in opposition to the final rule is that                                                                     and (a)(7)(iii)(C) and paragraph (b)(1)(v)
                                                    order to prevent the further exceeding of
considerable latent capacity exists in the                                                                  are revised, and new paragraphs
pot fleet (many pot vessels are qualified           Amendment 64’s allocations. Providing
                                                    prior notice and an opportunity for                     (a)(7)(i)(C) and (a)(7)(ii)(B) are added to
under the LLP but to date have not                                                                          read as follows:
participated to a great degree in the cod           public comment on this closure is
fisheries), and freezing that sectors’              impracticable and contrary to the public                § 679.20   General limitations.
share of the cod quota will disadvantage            interest, as further delay would result in              *       *     *     *      *
those pot vessels that do participate               further overharvest. Accordingly, the                      (a) * * *
significantly in the cod fishery. They              AA finds that there is good cause not to                   (7) * * *
will have potential competition for a               provide prior notice and an opportunity                    (i) * * *
relatively small quota from a relatively            for public comment pursuant to                             (C) Allocations among vessels using
large number of qualified vessels. There            authority set forth at 5 U.S.C. 553(b)(B).              hook-and-line or pot gear (Applicable
are also longline vessels that represent            Likewise, delaying the effectiveness of                 through December 31, 2003).(1) The
potential latent capacity and could                 this closure beyond September 1, 2000,                  Regional Administrator annually will
impact that sector in the same way,                 would allow vessels using pot gear to                   estimate the amount of Pacific cod taken
though the degree of that potential is              continue to fish for Pacific cod, further               as incidental catch in directed fisheries
relatively less for that sector. In any             eroding traditional hook-and-line                       for groundfish other than Pacific cod by
case, the Council has adopted a follow-             shares, and further exceeding the                       vessels using hook-and-line or pot gear
up amendment that would create                      allocations in Amendment 64. Therefor,                  and deduct that amount from the
species and gear LLP endorsements for               pursuant to authority at 5 U.S.C.                       portion of Pacific cod TAC annually
the cod fisheries, based on a minimum               553(d)(3), the AA finds good cause not                  allocated to hook-and-line or pot gear
level of landings and years of                      to delay for 30 days the effective date of              under paragraph (a)(7)(i)(A) of this
participation. The intent of this                   this action and makes this closure                      section. The remainder will be further
amendment is to eliminate the latent                effective on September 1, 2000. This                    allocated as directed fishing allowances
capacity described above, and create a                                                                      as follows:
                                                    action is required by § 679.20 and is
more stable operating environment for                                                                          (i) 80 percent to catcher/processor
                                                    exempt from review under E.O. 12866.
the remaining vessels in each of the                                                                        vessels using hook-and-line gear;
fixed gear sectors.                                    The President has directed Federal                      (ii) 0.3 percent to catcher vessels
   September 1, 2000, is the scheduled              agencies to use plain language in their                 using hook-and-line gear;
opening date of the third season of the             communication with the public,                             (iii) 18.3 percent to vessels using pot
2000 fixed-gear fishery for Pacific cod.            including regulations. To comply with                   gear; and
If this rule implementing Amendment                 this directive, we seek public comment                     (iv) 1.4 percent to catcher vessels less
64’s allocations is not effective by that           on any ambiguity or unnecessary                         than 60 ft LOA that use either hook-and-
date, vessels using pot gear could                  complexity arising from the language                    line or pot gear.
continue to fish for Pacific cod and                used in this final rule. Such comments                     (2) Harvests of Pacific cod made by
further erode traditional hook-and-line             should be sent to the Alaska Regional                   catcher vessels less than 60 ft LOA
shares. A delay in the effectiveness of             Administrator (see ADDRESSES).                          using pot gear will not accrue to the 1.4
this rule beyond September 1, 2000,                                                                         percent allocation under paragraph
would unnecessarily jeopardize the                  List of Subjects in 50 CFR Part 679                     (a)(7)(i)(C)(1)(iv) of this section until
stability of the fishery. It would be                 Alaska, Fisheries, Recordkeeping and                  vessels using pot gear have harvested
contrary to the public interest not to              reporting requirements.                                 the 18.3 percent allocated to all vessels
make both the allocations in this rule,                                                                     using pot gear under paragraph
and the revised specifications                        Dated: August 17, 2000.                               (a)(7)(i)(C)(1)(iii) of this section.
implementing those allocations,                     Penelope D. Dalton,                                        (3) Harvests of Pacific cod made by
effective by September 1, 2000.                     Assistant Administrator for Fisheries,                  catcher vessels less than 60 ft LOA
Therefore, pursuant to authority at 5               National Marine Fisheries Service.                      using hook-and-line gear will not accrue
U.S.C. 553(d)(3), the Assistant                                                                             to the 1.4 percent allocation under
Administrator for Fisheries, NOAA (AA)                For the reasons set out in the                        paragraph (a)(7)(i)(C)(1)(iv) of this
finds good cause not to delay for 30                preamble, 50 CFR part 679 is amended                    section until catcher vessels using hook-
days the effective date of this action and          as follows:                                             and-line gear have harvested the 0.3
makes this rule effective on September                                                                      percent allocated to all catcher vessels
1, 2000.                                                                                                    using hook-and-line gear under


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              Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Rules and Regulations                                                  51559

paragraph (a)(7)(i)(C)(1)(ii) of this               reallocate the projected unused amount                  30, May 1 through August 31, and
section.                                            of Pacific cod to vessels harvesting                    September 1 through December 31.
   (D) The Regional Administrator may               Pacific cod using the other gear type(s)                *      *     *    *     *
establish separate directed fishing                 through notification in the Federal
allowances and prohibitions authorized              Register, except as provided below:                        (C) Unused seasonal allowances. Any
under paragraph (d) of this section for                (1) Reallocation of TAC specified for                unused portion of a seasonal allowance
vessels harvesting Pacific cod using                jig gear. On September 15 of each year,                 of Pacific cod allocated to vessels using
trawl gear, jig gear, hook-and-line gear,           the Regional Administrator will                         hook-and-line or pot gear under
or pot gear.                                        reallocate any projected unused amount                  paragraph (a)(7)(i)(C) will be reallocated
   (ii) * * *                                       of Pacific cod in the BSAI allocated to                 to the remaining seasons during the
   (B) Reallocation among vessels using             vessels using jig gear only to vessels                  current fishing year in a manner
hook-and-line or pot gear. If, during a             using hook-and-line or pot gear through                 determined by NMFS, after consultation
fishing year, the Regional Administrator            notification in the Federal Register.                   with the Council.
determines that catcher vessels using                  (2) Reallocation of TAC to catcher/                  *      *     *    *     *
hook-and-line gear or vessels less than             processor vessels using hook-and-line
60 ft LOA using hook-and-line or pot                                                                           (b) * * *
                                                    gear or vessels using pot gear. Any
gear will not be able to harvest the                unharvested amounts of Pacific cod                         (1) * * *
directed fishing allowance of Pacific cod           TAC that are reallocated from vessels                      (v) Pacific cod. Any amounts of the
allocated to those vessels under                    using trawl or jig gear to catcher/                     BSAI nonspecific reserve that are
paragraphs (a)(7)(i)(C)(1)(ii) or                   processor vessels using hook-and-line                   apportioned to Pacific cod as provided
(a)(7)(i)(C)(1)(iv) of this section, NMFS           gear or vessels using pot gear to increase              by paragraph (b)(1)(ii) of this section
may reallocate the projected unused                 directed allowances established under                   must be apportioned among vessels
amount of Pacific cod as a directed                 paragraphs (a)(7)(i)(C)(1)(i) or                        using jig, hook-and-line or pot, and
fishing allowance to catcher/processor              (a)(7)(i)(C)(1)(iii) of this section, will be           trawl gear in the same proportion
vessels using hook-and-line gear                    apportioned so that catcher/processor                   specified in paragraph (a)(7)(i) of this
through notification in the Federal                 vessels using hook-and-line gear will                   section, unless the Regional
Register.                                           receive 95 percent and vessels using pot                Administrator determines under
   (C) Reallocation between vessels using           gear will receive 5 percent of any such                 paragraph (a)(7)(ii) of this section that
trawl or non-trawl gear. If, during a               reallocation.                                           vessels using a certain gear type will not
fishing year, the Regional Administrator               (iii) * * *                                          be able to harvest the additional amount
determines that vessels using trawl gear,              (A) Time periods. NMFS, after                        of Pacific cod. In this case, the
hook-and-line gear, pot gear or jig gear            consultation with the Council, may                      nonspecific reserve will be apportioned
will not be able to harvest the entire              divide the directed fishing allowances                  to vessels using the other gear type(s).
amount of Pacific cod in the BSAI                   allocated to vessels using hook-and-line
allocated to those vessels under                    or pot gear under paragraph (a)(7)(i)(C)                *      *     *    *     *
paragraphs (a)(7)(i)(A), (a)(7)(i)(B) or            of this section among the following                     [FR Doc. 00–21681 Filed 8–23–00; 8:45 am]
(a)(7)(i)(C) of this section, NMFS may              three periods: January 1 through April                  Billing Code: 3510–22–S




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51560

Proposed Rules                                                                                               Federal Register
                                                                                                             Vol. 65, No. 165

                                                                                                             Thursday, August 24, 2000



This section of the FEDERAL REGISTER                 subject line and need not be submitted                  submitted in response to this notice
contains notices to the public of the proposed       in triplicate. Comments sent via the                    must submit a self-addressed, stamped
issuance of rules and regulations. The               Internet as attached electronic files must              postcard on which the following
purpose of these notices is to give interested       be formatted in Microsoft Word 97 for                   statement is made: ‘‘Comments to
persons an opportunity to participate in the         Windows or ASCII text.                                  Docket Number 2000–NM–227–AD.’’
rule making prior to the adoption of the final         The service information referenced in
rules.
                                                                                                             The postcard will be date stamped and
                                                     the proposed rule may be obtained from                  returned to the commenter.
                                                     Airbus Industrie, 1 Rond Point Maurice
                                                     Bellonte, 31707 Blagnac Cedex, France.                  Availability of NPRMs
DEPARTMENT OF TRANSPORTATION
                                                     This information may be examined at                       Any person may obtain a copy of this
Federal Aviation Administration                      the FAA, Transport Airplane                             NPRM by submitting a request to the
                                                     Directorate, 1601 Lind Avenue, SW.,                     FAA, Transport Airplane Directorate,
14 CFR Part 39                                       Renton, Washington.                                     ANM–114, Attention: Rules Docket No.
                                                     FOR FURTHER INFORMATION CONTACT:                        2000–NM–227–AD, 1601 Lind Avenue,
[Docket No. 2000–NM–227–AD]                          Norman B. Martenson, Manager,                           SW., Renton, Washington 98055–4056.
RIN 2120–AA64                                        International Branch, ANM–116, FAA,                     Discussion
                                                     Transport Airplane Directorate, 1601
Airworthiness Directives; Airbus Model               Lind Avenue, SW., Renton, Washington                      The FAA has received numerous
A319, A320, and A321 Series Airplanes                98055–4056; telephone (425) 227–2110;                   reports of severe electrical arcing of the
                                                     fax (425) 227–1149.                                     fuel boost pump wires located under the
AGENCY: Federal Aviation                                                                                     wings on Airbus Model A319, A320,
                                                     SUPPLEMENTARY INFORMATION:
Administration, DOT.                                                                                         and A321 series airplanes. In many
ACTION: Notice of proposed rulemaking                Comments Invited                                        cases, the wing skin was damaged by
(NPRM).                                                Interested persons are invited to                     the arcing, and, in one case,
                                                     participate in the making of the                        approximately two-thirds of the
SUMMARY: This document proposes the                  proposed rule by submitting such                        thickness of the wing skin had been
adoption of a new airworthiness                      written data, views, or arguments as                    eroded. The exact cause of the arcing is
directive (AD) that is applicable to all             they may desire. Communications shall                   unknown, although reports have
Airbus Model A319, A320, and A321                    identify the Rules Docket number and                    indicated that the wires could have been
series airplanes. This proposal would                be submitted in triplicate to the address               damaged from being pinched by the
require a revision to the Airplane Flight            specified above. All communications                     wing fairing during installation and/or
Manual; inspection to detect damage of               received on or before the closing date                  chafed in service from vibration. Such
the wiring and adjacent structure along              for comments, specified above, will be                  electrical arcing of the fuel boost pump
the length of the fairing of the fuel boost          considered before taking action on the                  wire, if not corrected, could result in
pump; corrective actions, if necessary;              proposed rule. The proposals contained                  wing structural damage, fire, and/or fuel
and modification of the fuel pump wire               in this notice may be changed in light                  vapor explosion.
and fairing. This action is necessary to             of the comments received.
prevent electrical arcing of the fuel                                                                        U.S. Type Certification of the Airplanes
                                                       Submit comments using the following
boost pump wire, which could result in               format:                                                   These airplane models are
wing structural damage, fire, and/or fuel              • Organize comments issue-by-issue.                   manufactured in France and are type
vapor explosion. This action is intended             For example, discuss a request to                       certificated for operation in the United
to address the identified unsafe                     change the compliance time and a                        States under the provisions of section
condition.                                           request to change the service bulletin                  21.29 of the Federal Aviation
DATES:  Comments must be received by                 reference as two separate issues.                       Regulations (14 CFR 21.29) and the
September 25, 2000.                                    • For each issue, state what specific                 applicable bilateral airworthiness
                                                     change to the proposed AD is being                      agreement.
ADDRESSES: Submit comments in                        requested.
triplicate to the Federal Aviation                     • Include justification (e.g., reasons or             Explanation of Requirements of
Administration (FAA), Transport                      data) for each request.                                 Proposed Rule
Airplane Directorate, ANM–114,                         Comments are specifically invited on                     Since an unsafe condition has been
Attention: Rules Docket No. 2000–NM–                 the overall regulatory, economic,                       identified that is likely to exist or
227–AD, 1601 Lind Avenue, SW.,                       environmental, and energy aspects of                    develop on other airplanes of the same
Renton, Washington 98055–4056.                       the proposed rule. All comments                         type design registered in the United
Comments may be inspected at this                    submitted will be available, both before                States, the proposed AD would require:
location between 9:00 a.m. and 3:00                  and after the closing date for comments,                   • A revision of the FAA-approved
p.m., Monday through Friday, except                  in the Rules Docket for examination by                  Airplane Flight Manual to advise the
Federal holidays. Comments may be                    interested persons. A report                            flightcrew not to reset any tripped
submitted via fax to (425) 227–1232.                 summarizing each FAA-public contact                     circuit breaker of a wing tank fuel boost
Comments may also be sent via the                    concerned with the substance of this                    pump.
Internet using the following address: 9-             proposal will be filed in the Rules                        • An initial inspection to detect
anm-nprmcomment@faa.gov. Comments                    Docket.                                                 damage of the wiring and adjacent
sent via fax or the Internet must contain              Commenters wishing the FAA to                         structure along the length of the fairing
‘‘Docket No. 2000–NM–227–AD’’ in the                 acknowledge receipt of their comments                   of the fuel boost pump; conditional


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51561

inspections after any circuit breaker of            a ‘‘significant rule’’ under the DOT                    ‘‘FUEL SYSTEM
a fuel boost pump is tripped; and                   Regulatory Policies and Procedures (44                     If a circuit breaker for any wing tank fuel
corrective actions, if necessary.                   FR 11034, February 26, 1979); and (3) if                boost pump is tripped, do not reset.’’
   • Modification of the fuel pump wire.            promulgated, will not have a significant                Inspection
The proposed AD also would require                  economic impact, positive or negative,
that operators report results of                                                                               (b) Within 90 days after the effective date
                                                    on a substantial number of small entities
                                                                                                            of this AD: For each fuel boost pump, remove
inspection findings to the FAA.                     under the criteria of the Regulatory                    the fairing located on the lower wing skin
Cost Impact                                         Flexibility Act. A copy of the draft                    and perform a detailed visual inspection of
                                                    regulatory evaluation prepared for this                 the wiring and the adjacent structure along
  The FAA estimates that 306 airplanes              action is contained in the Rules Docket.                the length of the fairing. Inspect to detect
of U.S. registry would be affected by this          A copy of it may be obtained by                         damage to the wires including chafed,
proposed AD.                                        contacting the Rules Docket at the                      pinched, or melted wires, and any signs of
  It would take approximately 1 work                location provided under the caption                     arcing damage to the structure. When
hour per airplane to accomplish the                                                                         replacing the fairing following the
                                                    ADDRESSES.
proposed AFM revision, at an average                                                                        inspection, take care not to pinch or
labor rate of $60 per work hour. Based              List of Subjects in 14 CFR Part 39                      otherwise damage the wiring of the fuel boost
                                                                                                            pumps; incorrect replacement of the fairing
on these figures, the cost impact of the              Air transportation, Aircraft, Aviation                could cause damage to the wiring.
AFM revision proposed by this AD on                 safety, Safety.                                            (1) If any damage to the wire is detected:
U.S. operators is estimated to be                                                                           Prior to further flight, replace the wire with
$18,360, or $60 per airplane.                       The Proposed Amendment
                                                                                                            new wire in accordance with the
  It would take approximately 2 work                  Accordingly, pursuant to the                          manufacturer’s Aircraft Wiring Manual,
hours per airplane to accomplish the                authority delegated to me by the                        Standard Practices, Chapter 20. Submit a
proposed inspection (including time to              Administrator, the Federal Aviation                     report at the time specified and in
remove the fairing), at an average labor            Administration proposes to amend part                   accordance with paragraph (d) of this AD.
rate of $60 per work hour. Based on                 39 of the Federal Aviation Regulations                     (2) If any arcing damage to the structure is
                                                                                                            detected: Prior to further flight, repair the
these figures, the cost impact of the               (14 CFR part 39) as follows:                            damaged structure in accordance with a
inspection proposed by this AD on U.S.                                                                      method approved by either the Manager,
operators is estimated to be $36,720, or            PART 39—AIRWORTHINESS                                   International Branch, ANM–116, FAA,
$120 per airplane.                                  DIRECTIVES                                              Transport Airplane Directorate; or the
  Since the manufacturer has not yet                                                                                      ´ ´
                                                      1. The authority citation for part 39                 Direction Generale de l’Aviation Civile
developed a modification                            continues to read as follows:                           (DGAC), which is the airworthiness authority
commensurate with the requirements of                                                                       for France (or its delegated agent). For a
this proposal, the FAA is unable at this               Authority: 49 U.S.C. 106(g), 40113, 44701.           repair method to be approved by the
time to provide specific information as                                                                     Manager, International Branch, ANM–116, as
                                                    § 39.13    [Amended]                                    required by this paragraph, the Manager’s
to the number of work hours or cost of                2. Section 39.13 is amended by                        approval letter must specifically reference
parts that would be required to                     adding the following new airworthiness                  this AD. Submit a report at the time specified
accomplish the proposed modification.               directive:                                              and in accordance with paragraph (d) of this
The proposed compliance time of 18                                                                          AD.
months should provide ample time for                Airbus Industrie: Docket 2000–NM–227–AD.
                                                                                                               Note 2: For the purposes of this AD, a
the development, approval, and                         Applicability: All Model A319, A320, and             detailed inspection is defined as: ‘‘An
installation of an appropriate                      A321 airplanes; certificated in any category.           intensive visual examination of a specific
modification. As indicated earlier in                  Note 1: This AD applies to each airplane             structural area, system, installation, or
this preamble, the FAA specifically                 identified in the preceding applicability               assembly to detect damage, failure, or
                                                    provision, regardless of whether it has been            irregularity. Available lighting is normally
invites the submission of comments and
                                                    modified, altered, or repaired in the area              supplemented with a direct source of good
other data regarding this economic                  subject to the requirements of this AD. For             lighting at intensity deemed appropriate by
aspect of the proposal.                             airplanes that have been modified, altered, or          the inspector. Inspection aids such as mirror,
  The cost impact figures discussed                 repaired so that the performance of the                 magnifying lenses, etc., may be used. Surface
above are based on assumptions that no              requirements of this AD is affected, the                cleaning and elaborate access procedures
operator has yet accomplished any of                owner/operator must request approval for an             may be required.’’
the proposed requirements of this AD                alternative method of compliance in                        (c) As of the effective date of this AD: For
action, and that no operator would                  accordance with paragraph (f) of this AD. The           any fuel boost pump on which the circuit
accomplish those actions in the future if           request should include an assessment of the             breaker of the pump has tripped, prior to
                                                    effect of the modification, alteration, or repair       further use of that pump, accomplish the
this AD were not adopted.                           on the unsafe condition addressed by this               inspection and applicable corrective actions
Regulatory Impact                                   AD; and, if the unsafe condition has not been           specified by paragraph (b) of this AD.
                                                    eliminated, the request should include
   The regulations proposed herein                  specific proposed actions to address it.                Reporting Requirement
would not have a substantial direct                    Compliance: Required as indicated, unless              (d) If any damage is detected during any
effect on the States, on the relationship           accomplished previously.                                inspection required by paragraphs (b) and (c)
between the national Government and                    To prevent electrical arcing of the fuel             of this AD: Within 10 days after
the States, or on the distribution of               boost pump wire, which could result in wing             accomplishing that inspection, submit a
power and responsibilities among the                structural damage, or fire and/or fuel vapor            report of the inspection findings to the
various levels of government. Therefore,            explosion, accomplish the following:                    Manager, International Branch, ANM–116,
it is determined that this proposal                                                                         FAA, Transport Airplane Directorate, 1601
                                                    AFM Revision                                            Lind Avenue, SW., Renton, Washington
would not have federalism implications                (a) Within 10 days after the effective date           98055–4056; fax (425) 227–1149. The report
under Executive Order 13132.                        of this AD, revise the Limitations Section of           must include a description of the damage
   For the reasons discussed above, I               the FAA-approved airplane flight manual                 found, the airplane serial number, and the
certify that this proposed regulation (1)           (AFM) to include the following. This may be             number of landings and flight hours on the
is not a ‘‘significant regulatory action’’          accomplished by inserting a copy of this AD             airplane. Information collection requirements
under Executive Order 12866; (2) is not             into the AFM.                                           contained in this regulation have been



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51562               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

approved by the Office of Management and             replace any pulley brackets that are                    economic, environmental, and energy
Budget (OMB) under the provisions of the             damaged or worn; and replace any                        aspects of the proposed rule that might
Paperwork Reduction Act of 1980 (44 U.S.C.           misrouted rudder control cables. Three                  necessitate a need to modify the
3501 et seq.) and have been assigned OMB             reports of misrouted cables prompted                    proposed rule. You may examine all
Control Number 2120–0056.
                                                     the proposed action. The actions                        comments we receive. We will file a
Modification                                         specified by this proposed AD are                       report in the Rules Docket that
  (e) Within 18 months after the effective           intended to correct the misrouted                       summarizes each FAA contact with the
date of this AD, modify the fuel pump wire           rudder control cable and consequent                     public that concerns the substantive
and fairing, in accordance with a method             guard pin wear or fraying of the cables                 parts of this proposal.
approved by the Manager, International               with loss of rudder control.
Branch, ANM–116.
                                                                                                               The FAA is reexamining the writing
                                                     DATES: The Federal Aviation                             style we currently use in regulatory
Alternative Methods of Compliance                    Administration (FAA) must receive any                   documents, in response to the
  (f) An alternative method of compliance or         comments on this proposed rule on or                    Presidential memorandum of June 1,
adjustment of the compliance time that               before September 22, 2000.                              1998. That memorandum requires
provides an acceptable level of safety may be        ADDRESSES: Submit comments in                           federal agencies to communicate more
used if approved by the Manager,                     triplicate to the Federal Aviation                      clearly with the public. We are
International Branch, ANM–116. Operators             Administration (FAA), Central Region,                   interested in your comments on the ease
shall submit their requests through an
appropriate FAA Principal Maintenance
                                                     Office of the Regional Counsel,                         of understanding this document, and
Inspector, who may add comments and then             Attention: Rules Docket No. 2000–CE–                    any other suggestions you might have to
send it to the Manager, International Branch,        06–AD, 901 Locust, Room 506, Kansas                     improve the clarity of FAA
ANM–116.                                             City, Missouri 64106. You may inspect                   communications that affect you. You
  Note 3: Information concerning the                 comments at this location between 8                     can get more information about the
existence of approved alternative methods of         a.m. and 4 p.m., Monday through                         Presidential memorandum and the plain
compliance with this AD, if any, may be              Friday, except holidays.                                language initiative at http://
obtained from the International Branch,                 You may get the service information                  www.faa.gov/language/.
ANM–116.                                             referenced in the proposed AD from
                                                     Raytheon Aircraft Company, P.O. Box                     How can I be sure FAA receives my
Special Flight Permits                                                                                       comment?
                                                     85, Wichita, Kansas 67201–0085;
   (g) Special flight permits may be issued in       telephone: (800) 429–5372 or (316) 676–
accordance with sections 21.197 and 21.199                                                                      If you want us to acknowledge the
of the Federal Aviation Regulations (14 CFR
                                                     3140; on the Internet at <http://                       receipt of your comments, you must
21.197 and 21.199) to operate the airplane to        www.raytheon.com/rac/servinfo/27–                       include a self-addressed, stamped
a location where the requirements of this AD         3265.pdf>. This file is in Adobe Portable               postcard. On the postcard, write
can be accomplished.                                 Document Format. The Acrobat Reader                     ‘‘Comments to Docket No. 2000–CE–06–
  Issued in Renton, Washington, on August
                                                     is available at                                         AD.’’ We will date stamp and mail the
18, 2000.
                                                     <http://www.adobe.com/>. You may                        postcard back to you.
                                                     examine this information at the Rules
Vi L. Lipski,                                                                                                Discussion
                                                     Docket at the address above.
Acting Manager, Transport Airplane
                                                     FOR FURTHER INFORMATION CONTACT: Paul                   What events have caused this proposed
Directorate, Aircraft Certification Service.
                                                     C. DeVore, Aerospace Engineer, FAA,                     AD?
[FR Doc. 00–21465 Filed 8–23–00; 8:45 am]
                                                     Wichita Aircraft Certification Office,
BILLING CODE 4910–13–P                                                                                         The FAA has received three reports of
                                                     1801 Airport Road, Mid-Continent
                                                     Airport, Wichita, Kansas 67209;                         instances of misrouted cables. In one
                                                     telephone: (316) 946–4142; facsimile:                   instance, a report noted complete
DEPARTMENT OF TRANSPORTATION                                                                                 separation of the rudder cable. In
                                                     (316) 946–4407.
Federal Aviation Administration                      SUPPLEMENTARY INFORMATION:                              another instance, a report noted fraying
                                                                                                             of the rudder cable. Raytheon has issued
                                                     Comments Invited                                        a mandatory service bulletin affecting
14 CFR Part 39
                                                     How do I comment on this proposed                       these model airplanes:
[Docket No. 2000–CE–06–AD]
                                                     AD?                                                     Beech Model A36—serial numbers E–
RIN 2120–AA64                                          We invite your comments on the                          2519 through E–3140
                                                     proposed rule. You may submit                           Beech Model B36TC—serial numbers
Airworthiness Directives; Raytheon
                                                     whatever written data, views, or                          EA–501 through EA–608
Aircraft Company Beech Models A36,
                                                     arguments you choose. You need to                       Beech Model 58—serial numbers TH–
B36TC, and 58 Airplanes
                                                     include the rule’s docket number and                      1576 through TH–1838
AGENCY: Federal Aviation                             submit your comments in triplicate to
Administration, DOT.                                 the address specified under the caption                 What are the consequences if the
                                                     ADDRESSES. We will consider all                         condition is not corrected?
ACTION: Notice of proposed rulemaking
(NPRM).                                              comments received on or before the                        This condition could result in guard
                                                     closing date specified above, before                    pin wear and separation or fraying of
SUMMARY: This document proposes to                   acting on the proposed rule. We may                     the cables with loss of rudder control.
adopt a new airworthiness directive                  change the proposals contained in this
(AD) that would apply to certain                     notice in light of the comments                         Relevant Service Information
Raytheon Aircraft Corporation                        received.                                               What service information applies to this
(Raytheon) Beech Models A36, B36TC,                                                                          subject?
and 58 airplanes. The proposed AD                    Are there any specific portions of the
would require you to inspect for                     AD I should pay attention to?                             Raytheon has issued Mandatory
misrouted rudder control cables; replace               The FAA specifically invites                          Service Bulletin SB 27–3265, dated
any worn or damaged guard pins;                      comments on the overall regulatory,                     January 2000.


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                             51563

What are the provisions of this service             Cost Impact                                             not a ‘‘significant regulatory action’’
bulletin?                                                                                                   under Executive Order 12866; (2) is not
                                                    How many airplanes does this proposed
                                                                                                            a ‘‘significant rule’’ under Department of
  The service bulletin describes                    AD impact?
                                                                                                            Transportation Regulatory Policies and
procedures for inspecting for proper                  We estimate that the proposed AD                      Procedures (44 FR 11034, February 26,
routing of the rudder control assemblies.           would affect 842 airplanes in the U.S.                  1979); and (3) if put into effect, will not
                                                    registry.                                               have a significant economic impact,
The FAA’s Determination and an
                                                    What is the cost impact of the proposed                 positive or negative, on a substantial
Explanation of the Provisions of the
                                                    action for the affected airplanes on the                number of small entities under the
Proposed AD
                                                    U.S. Register?                                          criteria of the Regulatory Flexibility Act.
What has FAA decided?                                                                                       We have placed a copy of the draft
                                                       We estimate that it would take                       regulatory evaluation prepared for this
  After examining the circumstances                 approximately 1 workhour per airplane
                                                                                                            action in the Rules Docket. You may
and reviewing all available information             to accomplish the proposed inspection,
                                                                                                            obtain a copy of it by contacting the
related to the incidents described above,           at an average labor rate of $60 an hour.
                                                                                                            Rules Docket at the location provided
we have determined that:                            Based on the figures presented above,
                                                                                                            under the caption ADDRESSES.
                                                    we estimate that the total cost impact of
—the unsafe condition referenced in                 the proposed inspection on U.S.                         List of Subjects in 14 CFR Part 39
 this document exists or could develop              operators is $50,520, or $60 per
 on other Raytheon Beech Models A36,                airplane.                                                 Air transportation, Aircraft, Aviation
 B36TC, and 58 airplanes of the same                   We estimate that it would take                       safety, Safety.
 type design;                                       approximately 4 workhours per airplane                  The Proposed Amendment
                                                    to accomplish the proposed rudder
—these airplanes should have the
                                                    control replacement, at an average labor                  Accordingly, pursuant to the
 actions specified in the above service             rate of $60 an hour. Based on the cost                  authority delegated to me by the
 bulletin incorporated; and                         factors presented above, we estimate                    Administrator, the Federal Aviation
—the FAA should take AD action in                   that the total cost impact of the                       Administration proposes to amend part
 order to correct this unsafe condition.            proposed rudder control replacement on                  39 of the Federal Aviation Regulations
                                                    U.S. operators is $240 per airplane.                    (14 CFR part 39) as follows:
What does this proposed AD require?                    We estimate that it would take
  This proposed AD would require you                approximately 2 workhours per airplane                  PART 39—AIRWORTHINESS
to:                                                 to accomplish the proposed rudder                       DIRECTIVES
                                                    pulley bracket replacement, at an
—inspect for misrouted rudder control               average labor rate of $60 an hour.                        1. The authority citation for part 39
 cables;                                            Raytheon will provide parts at no cost                  continues to read as follows:
—replace any worn or damaged guard                  to the owners/operators of the affected                     Authority: 49 U.S.C. 106(g), 40113, 44701.
 pins;                                              airplanes. Based on the cost factors
                                                    presented above, we estimate that the                   § 39.13       [Amended]
—replace any pulley brackets that are               total cost impact of the proposed rudder
 damaged or worn; and                                                                                         2. FAA amends Section 39.13 by
                                                    pulley bracket replacement on U.S.
                                                                                                            adding a new airworthiness directive
—replace any misrouted rudder control               operators is $120 per airplane.
                                                       The manufacturer will also allow                     (AD) to read as follows:
 cables.
                                                    warranty credit for labor to the extent                 Raytheon Aircraft Company:
What are the differences between the                noted in the service bulletin.                            Docket No. 2000–CE–06–AD.
service bulletin and the proposed AD?                                                                         (a) What airplanes are affected by this AD?
                                                    Regulatory Impact                                       The following Beech Models and serial
   Raytheon Aircraft requires you to                Does this proposed AD impact relations                  number airplanes, certified in any category:
inspect and, if necessary, replace guard            between Federal and State
pins, pulley brackets, and rudder                   governments?                                                    Model                        Serial Nos.
control cables at the next scheduled
inspection after receipt of the Service               The proposed regulations would not                     A36 .................     E–2519 through E–3140.
Bulletin, but no later than the next 50             have substantial direct effects on the                   B36TC .............       EA–501 through EA–608.
                                                    States, on the relationship between the                  58 ....................   TH–1576 through TH–1838.
flight hours. We propose a requirement
                                                    national government and the States, or
that you inspect and, if necessary,                                                                           (b) Who must comply with this AD?
                                                    on the distribution of power and
replace guard pins, pulley brackets, and                                                                    Anyone who wishes to operate any of the
                                                    responsibilities among the various
rudder control cables within the next 50            levels of government. We have                           above airplanes on the U.S. Register must
hours time-inservice (TIS) of operation             determined that this proposed rule                      comply with this AD.
after the effective date of the proposed                                                                      (c) What problem does this AD address?
                                                    would not have federalism implications                  The actions specified by this AD are intended
AD. We believe that 50 hours TIS will               under Executive Order 13132.                            to correct the misrouted rudder control cable
give the owners/operators of the affected
                                                    Does this proposed AD involve a                         and consequent guard pin wear or fraying of
airplanes enough time to have the                                                                           the cables with loss of rudder control.
proposed actions accomplished without               significant rule or regulatory action?
                                                                                                              (d) What must I do to address this
compromising the safety of the                        For the reasons discussed above, I                    problem? To address this problem, you must
airplanes.                                          certify that this proposed action (1) is                accomplish the following actions:




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51564                Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

                     Actions                                            Compliance times                                         Procedures

(1) Inspect rudder control cables that are rout-       Inspect within the next 50 hours time-in-serv-          Accomplish this inspection in accordance with
  ed around the pulley and through the brack-            ice after the effective date of this AD, and            the ACCOMPLISHMENT INSTRUCTIONS
  ets.                                                   accomplish all follow-on actions, such as re-           paragraph of Raytheon Mandatory Service
                                                         placements before further flight after the in-          Bulletin SB 27–3265, Issued: January 2000,
                                                         spection.                                               and the applicable airplane Maintenance
                                                                                                                 Manual or Shop Manual.
(i) Replace any worn or damaged guard pins.
(ii) Inspect pulley brackets for wear and dam-
    age, and replace as necessary.
(iii) If rudder cables are routed properly, check
    the airplane log book to determine if a
    misrouted control cable was detected during
    maintenance and the misrouting was cor-
    rected.
(2) If a misrouting has been recorded or found         Before further flight after the inspection ..........   Accomplish this action in accordance with the
    during this inspection, install replacement                                                                  ACCOMPLISHMENT             INSTRUCTIONS
    rudder control cables in accordance with the                                                                 paragraph of Raytheon Mandatory Service
    following:                                                                                                   Bulletin SB 27–3265, Issued: January 2000,
                                                                                                                 and the applicable airplane Maintenance
                                                                                                                 Manual or Shop Manual.
(i) Apply corrosion preventive compounds, as
    necessary, to provide corrosion protection.
(ii) Install rudder control cables.
(iii) Adjust rudder control cables to correct ten-
    sion and adjust control surface travel.
(iv) Perform an operational checkout of the
    flight control system to ensure proper oper-
    ation of installed rudder control cables, pulley
    brackets, guard pins and attaching hardware.



   (e) Can I comply with this AD in any other          21.199) to operate your airplane to a location          ACTION:   Proposed rule.
way?                                                   where you can accomplish the requirements
   You may use an alternative method of                of this AD.                                             SUMMARY: EPA is proposing to approve
compliance or adjust the compliance time if:              (h) How do I get copies of the documents             a statewide NOX rule to reduce the
   (1) Your alternative method of compliance           referenced in this AD? You may get the                  emissions of nitrogen oxides (NOX) and
provides an equivalent level of safety; and            service information referenced in the AD
   (2) The Manager, Wichita Aircraft                                                                           establish a NOX emissions trading
                                                       from Raytheon Aircraft Company, P.O. Box
Certification Office (ACO), approves your              85, Wichita, Kansas 67201–0085; telephone:              program for the state of Missouri. This
alternative. Submit your request through an            (800) 429–5372 or (316) 676–3140; on the                rule is a critical element in the state’s
FAA Principal Maintenance Inspector, who               Internet at <http://www.raytheon.com/rac/               plan to attain the ozone standard in the
may add comments and then send it to the               servinfo/27–3265.pdf>. This file is in Adobe            St. Louis ozone nonattainment area.
Manager, Wichita ACO.                                  Portable Document Format. The Acrobat                   DATES: Comments must be received on
   Note: This AD applies to each airplane              Reader is available at <http://                         or before October 23, 2000.
identified in paragraph (a) of this AD,                www.adobe.com/>. You may examine this
regardless of whether it has been modified,            document at FAA, Central Region, Office of              ADDRESSES: Written comments should
altered, or repaired in the area subject to the        the Regional Counsel, 901 Locust, Room 506,             be mailed to Kim Johnson, Air Planning
requirements of this AD. For airplanes that            Kansas City, Missouri 64106.                            and Development Branch, 901 North 5th
have been modified, altered, or repaired so              Issued in Kansas City, Missouri, on August            Street, Kansas City, Kansas 66101.
that the performance of the requirements of            14, 2000.                                                  Copies of the state submittal are
this AD is affected, the owner/operator must
                                                       Michael Gallagher,                                      available at the following address for
request approval for an alternative method of
compliance in accordance with paragraph (e)            Manager, Small Airplane Directorate, Aircraft           inspection during normal business
of this AD. You should include in the request          Certification Service.                                  hours: Environmental Protection
an assessment of the effect of the                     [FR Doc. 00–21617 Filed 8–23–00; 8:45 am]               Agency, Air Planning and Development
modification, alteration, or repair on the             BILLING CODE 4910–13–U
                                                                                                               Branch, 901 North 5th Street, Kansas
unsafe condition addressed by this AD; and,                                                                    City, Kansas 66101.
if you have not eliminated the unsafe
condition, specific actions you propose to                                                                     FOR FURTHER INFORMATION CONTACT: Kim
address it.                                            ENVIRONMENTAL PROTECTION                                Johnson at (913) 551–7975.
  (f) Where can I get information about any            AGENCY                                                  SUPPLEMENTARY INFORMATION:
already-approved alternative methods of                                                                        Throughout this document whenever
compliance? Contact Paul C. DeVore,                    40 CFR Part 52                                          ‘‘we, us, or our’’ is used, we mean EPA.
Aerospace Engineer, Wichita Aircraft                                                                           This section provides additional
Certification Office, FAA, 1801 Airport Road,          [Region 7 Tracking No. 113–1113; FRL–
                                                       6857–5]
                                                                                                               information by addressing the following
Mid-Continent Airport, Wichita, Kansas                                                                         questions:
67209; telephone: (316) 946–4142; facsimile:
(316) 946–4407.                                        Approval and Promulgation of                              What is a SIP?
  (g) What if I need to fly the airplane to            Implementation Plans; State of                            What is the Federal approval process for a
another location to comply with this AD? The           Missouri                                                SIP?
FAA can issue a special flight permit under                                                                      What does Federal approval of a state
sections 21.197 and 21.199 of the Federal              AGENCY: Environmental Protection                        regulation mean to me?
Aviation Regulations (14 CFR 21.197 and                Agency (EPA).                                             What is being addressed in this document?



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                   Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51565

  Have the requirements for approval of a               All state regulations and supporting                    The rule also establishes a trading
SIP revision been met?                               information approved by EPA under                       program for the state of Missouri to
  What action is EPA taking?                         section 110 of the CAA are incorporated                 allow the affected EGUs’ flexibility in
                                                     into the Federally approved SIP.                        meeting the requirements of this rule.
What Is a SIP?                                       Records of such SIP actions are                         The trading program establishes
   Section 110 of the Clean Air Act                  maintained in the Code of Federal                       allowances for each affected NOX unit
(CAA) requires states to develop air                 Regulations (CFR) at Title 40, Part 52,                 for each control period. The system then
pollution regulations and control                    entitled ‘‘Approval and Promulgation of                 tracks the balance of the allowances for
strategies to ensure that state air quality          Implementation Plans.’’ The actual state                each unit. At the end of the control
meets the national ambient air quality               regulations which are approved are not                  period, units with remaining allowances
standards established by EPA. These                  reproduced in their entirety in the CFR                 can either bank the allowances for
ambient standards are established under              outright but are ‘‘incorporated by                      future years or trade the allowances to
section 109 of the CAA, and they                     reference,’’ which means that we have                   units with a deficit (overdraft accounts.)
currently address six criteria pollutants.           approved a given state regulation with                     Other features of the trading program
These pollutants are: carbon monoxide,               a specific effective date.                              include the following:
nitrogen dioxide, ozone, lead,                       What Does Federal Approval of a State                      1. the availability of early reduction
particulate matter, and sulfur dioxide.              Regulation Mean to Me?                                  credits for affected NOX units which
   Each state must submit these                                                                              reduce their NOX emissions rate prior to
                                                        Enforcement of the state regulation
regulations and control strategies to us                                                                     May 1, 2003;
                                                     before and after it is incorporated into
for approval and incorporation into the                                                                         2. an individual EGU opt-in provision
                                                     the Federally approved SIP is primarily
Federally enforceable SIP.                                                                                   which allows EGU units that are not
                                                     a state responsibility. However, after the
   Each Federally approved SIP protects                                                                      initially affected by the rule to opt in to
                                                     regulation is Federally approved, we are
air quality primarily by addressing air                                                                      the NOX trading program, thereby
                                                     authorized to take enforcement action
pollution at its point of origin. These                                                                      subjecting them to the rule, including
                                                     against violators. Citizens are also
SIPs can be extensive, containing state                                                                      the trading program; and
                                                     offered legal recourse to address
regulations or other enforceable                                                                                3. geographic flow control to
                                                     violations as described in section 304 of
documents and supporting information                                                                         discourage the flow of allowances from
                                                     the CAA.
such as emission inventories,                                                                                west to east and to encourage more
monitoring networks, and modeling                    What Is Being Addressed in This                         reductions in the vicinity of the St.
demonstrations.                                      Document?                                               Louis area.
What Is the Federal Approval Process                    We are proposing to approve, as an                      The rule specifies appropriate
for a SIP?                                           amendment to Missouri’s SIP, rule 10                    compliance methods, reporting and
                                                     CSR 10–6.350, ‘‘Emissions Limitations                   recordkeeping sufficient to determine
   In order for state regulations to be              and Emissions Trading of Oxides of                      compliance, referencing the
incorporated into the Federally                      Nitrogen,’’ submitted to us on June 29,                 requirements of 40 CFR part 75 (EPA’s
enforceable SIP, states must formally                2000. The basis for our proposed                        monitoring requirements for acid rain
adopt the regulations and control                    approval of the rule is described in this               sources). We believe that this portion of
strategies consistent with state and                 document, and in more detail in the                     the rule meets the applicable
Federal requirements. This process                   technical support document (TSD)                        enforceability requirements.
generally includes a public notice,                  prepared for this proposal. The TSD is                     This rule is a critical element in the
public hearing, public comment period,               available at the address identified                     state’s plan to attain the ozone standard
and a formal adoption by a state-                    above. Because the rule is not yet                      in the St. Louis ozone nonattainment
authorized rulemaking body.                          effective under state law, the submittal                area. The St. Louis ozone nonattainment
   Once a state rule, regulation, or                 from Missouri requested that we                         area includes Franklin, Jefferson, St.
control strategy is adopted, the state               propose approval of the regulation by                   Charles, and St. Louis counties and St.
submits it to us for inclusion into the              parallel processing.                                    Louis City in Missouri; and Madison,
SIP. We must provide public notice and                  The rule requires reductions in NOX                  Monroe, and St. Clair counties in
seek additional public comment                       emissions by establishing NOX                           Illinois. As part of the control strategy
regarding the proposed Federal action                emissions limitations for large electric                for the attainment of the ozone standard
on the state submission. If adverse                  generating units (EGU) which includes                   in the St. Louis area, Missouri and
comments are received, they must be                  any EGU with a nameplate capacity                       Illinois included NOX reductions for
addressed prior to any final Federal                 greater than 25 megawatts across the                    certain sources throughout the two
action by us.                                        state, beginning May 1, 2003. EGUs                      states.
   This rule is being parallel processed.            located in the eastern third of the state                  Full approval of the ozone attainment
Parallel processing means that EPA will              are limited to an emission rate of 0.25                 demonstration for St. Louis is
propose approval of a rule before it is              lbs. NOX per million British thermal                    dependent upon the adoption of
final (or in this case legally binding)              units per hour (mmBtu) of heat input                    regional NOX emissions control
under state law. Under parallel                      during the control period. The EGUs                     regulations, sufficient to achieve
processing, EPA proposes action on a                 located in the western two-thirds of the                attainment of the ozone standard based
state submission before it is final or               state are limited to the less stringent rate            on the attainment demonstration. EPA’s
effective, and will take final action on             of 0.35 lbs. NOX mmBtu of heat input                    proposal on the attainment
its proposal if the final state submission           during the control period. The control                  demonstration is in 65 FR 20404, April
is substantially unchanged from the                  period begins on May 1 and ends on                      17, 2000. That proposal includes a
submission on which the proposal is                  September 30 of the same calendar year.                 detailed discussion of the role of
based, or if significant changes in the              The control period is limited to this                   regional NOX emission reductions in
final state submission are anticipated               period because this is the time of year                 attainment of the ozone standard in the
and adequately described in EPA’s                    when ozone formation is most likely to                  St. Louis area. The target levels
proposal.                                            occur at unhealthful levels.                            established in the NOX rule, described


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51566             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

above, are consistent with the levels in            Have the Requirements for Approval of                   merely approves a state rule
the attainment demonstration.                       a SIP Revision Been Met?                                implementing a Federal standard, and
   The state has made a commitment to                 The state submittal has met the public                does not alter the relationship or the
provide an annual demonstration to us               notice requirements for SIP submissions                 distribution of power and
that the total actual NOX emissions,                in accordance with 40 CFR 51.102. The                   responsibilities established in the CAA.
from affected utilities, remain below the           submittal also satisfied the criteria in 40             This proposed rule also is not subject to
inventory projections used in the St.               CFR part 51, appendix V for                             Executive Order 13045 (62 FR 19885,
Louis attainment demonstration. The                 completeness of SIP revisions submitted                 April 23, 1997), because it is not
state has also committed to continue to             for parallel processing. In addition, as                economically significant.
evaluate the effects of this rule on the            explained above and in more detail in                      In reviewing SIP submissions, our
monitored ozone levels in the St. Louis             the TSD which is part of this document,                 role is to approve state choices,
ozone nonattainment area, and make                  the revision meets the substantive SIP                  provided that they meet the criteria of
any necessary adjustments based on the              requirements of the CAA, including                      the CAA. In this context, in the absence
monitoring data.                                    section 110, part D of Title I, and                     of a prior existing requirement for the
   Because the attainment demonstration             implementing regulations.                               state to use voluntary consensus
assumes that specific NOX emission                  What action is EPA taking?                              standards (VCS), we have no authority
reductions will occur as a result of the                                                                    to disapprove a SIP submission for
rule, we believe it is critical that the               We are proposing to approve, as an
                                                    amendment to Missouri’s SIP, rule 10                    failure to use VCS. It would thus be
state closely monitor progress toward                                                                       inconsistent with applicable law for
achieving the reductions, and take                  CSR 10–6.350, ‘‘Emissions Limitations
                                                    and Emissions Trading of Oxides of                      EPA, when it reviews a SIP submission,
corrective action if necessary to ensure
                                                    Nitrogen.’’ We are processing this as a                 to use VCS in place of a SIP submission
the reductions are realized. This
                                                    proposal action through parallel                        that otherwise satisfies the provisions of
corrective action could include making
modifications to the rule or taking                 processing because this rule is not yet                 the CAA. Thus, the requirements of
further action to address the NOX                   effective under state law. We anticipate                section 12(d) of the National
emissions reduction shortfall if any                that the final effective rule will be the               Technology Transfer and Advancement
occurs.                                             same as the rule on which this proposal                 Act of 1995 (15 U.S.C. 272 note) do not
                                                    is based.                                               apply. As required by section 3 of
   The state is committed to evaluating
                                                    Administrative Requirements                             Executive Order 12988 (61 FR 4729,
the effectiveness of the rule in achieving
                                                                                                            February 7, 1996), in issuing this
necessary NOX reductions, and we                       Under Executive Order 12866 (58 FR                   proposed rule, we have taken the
intend to review the annual                         51735, October 4, 1993), this proposed
demonstration submitted by Missouri. If                                                                     necessary steps to eliminate drafting
                                                    action is not a ‘‘significant regulatory                errors and ambiguity, minimize
necessary, we may exercise our                      action’’ and therefore is not subject to
authorities under sections 110 and 179                                                                      potential litigation, and provide a clear
                                                    review by the Office of Management and                  legal standard for affected conduct. We
of the Act to require further action to             Budget. This proposed action merely
remedy shortfalls, if any, in the NOX                                                                       have complied with Executive Order
                                                    approves state law as meeting Federal
reduction program, when it is                                                                               12630 (53 FR 8859, March 15, 1988) by
                                                    requirements and imposes no additional
implemented.                                                                                                examining the takings implications of
                                                    requirements beyond those imposed by
   For clarification, our evaluation of the         state law. Accordingly, the                             the rule in accordance with the
statewide NOX rule is not related to the            Administrator certifies that this                       ‘‘Attorney General’s Supplemental
obligations which Missouri may                      proposed rule will not have a significant               Guidelines for the Evaluation of Risk
subsequently have under EPA’s regional              economic impact on a substantial                        and Avoidance of Unanticipated
NOX reduction rule (the NOX SIP call).              number of small entities under the                      Takings’ issued under the Executive
That rule, explained in more detail in              Regulatory Flexibility Act (5 U.S.C. 601                Order. This proposed rule does not
our April 17, 2000, proposal on the                 et seq.). Because this rule proposes to                 impose an information collection
attainment demonstration, requires that             approve preexisting requirements under                  burden under the provisions of the
certain states develop regional NOX                 state law and does not impose any                       Paperwork Reduction Act of 1995 (44
controls to address contributions to                additional enforceable duty beyond that                 U.S.C. 3501 et seq.).
downwind nonattainment of the ozone                 required by state law, it does not
                                                                                                            List of Subjects in 40 CFR Part 52
standard in the eastern portion of the              contain any unfunded mandate or
country. In response to a recent judicial           significantly or uniquely affect small                    Environmental protection, Air
remand of the SIP call as it relates to             governments, as described in the                        pollution control, Carbon monoxide,
Missouri, EPA intends to undertake                  Unfunded Mandates Reform Act of 1995                    Hydrocarbons, Incorporation by
rulemaking to establish regional NOX                (Pub. L. 104–4). For the same reason,                   reference, Intergovernmental relations,
requirements for a portion of Missouri.             this proposed rule also does not                        Lead, Nitrogen dioxide, Ozone,
When that rulemaking is completed, we               significantly or uniquely affect the                    Particulate matter, Reporting and
anticipate that it will establish separate          communities of tribal governments, as
                                                                                                            recordkeeping requirements, Sulfur
NOX reduction requirements to address               specified by Executive Order 13084 (63
                                                                                                            oxides.
contributions by Missouri sources to                FR 27655, May 10, 1998). This proposed
ozone nonattainment in other areas. The             rule will not have substantial direct                     Dated: August 14, 2000.
state would then be required to take                effects on the states, on the relationship              Michael J. Sanderson,
subsequent action, pursuant to the NOX              between the national government and                     Acting Regional Administrator, Region 7.
SIP call, to ensure NOX emissions                   the states, or on the distribution of                   [FR Doc. 00–21671 Filed 8–23–00; 8:45 am]
address long-range transport, and we                power and responsibilities among the
                                                                                                            BILLING CODE 6560–50–U
would then take separate rulemaking                 various levels of government, as
action on Missouri’s response to the                specified in Executive Order 13132 (64
NOX SIP call.                                       FR 43255, August 10, 1999), because it


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51567

ENVIRONMENTAL PROTECTION                              For additional Docket addresses and                   VIII. Executive Order 12898
AGENCY                                              further details on their contents, see                    A. What is Executive Order 12898?
                                                    section II, ‘‘Public Review/Public                        B. Does Executive Order 12898 Apply to
40 CFR Part 300                                     Comment,’’ of the SUPPLEMENTARY                              this Proposed Rule?
                                                    INFORMATION portion of this preamble.                   IX. Executive Order 13045
[FRL–6856–7]
                                                    FOR FURTHER INFORMATION CONTACT:                          A. What Is Executive Order 13045?
National Priorities List for Uncontrolled           Yolanda Singer, phone (703) 603–8835,                     B. Does Executive Order 13045 Apply to
Hazardous Waste Sites; Proposed Rule                State, Tribal and Site Identification                        This Proposed Rule?
                                                    Center, Office of Emergency and                         X. Paperwork Reduction Act
AGENCY: Environmental Protection                                                                              A. What Is the Paperwork Reduction Act?
                                                    Remedial Response (Mail Code 5204G);
Agency.                                                                                                       B. Does the Paperwork Reduction Act
                                                    U.S. Environmental Protection Agency;
ACTION: Proposed rule.                                                                                           Apply to This Proposed Rule?
                                                    1200 Pennsylvania Avenue NW;
                                                                                                            XI. Executive Orders on Federalism
SUMMARY: The Comprehensive                          Washington, DC 20460; or the
                                                                                                              What Are the Executive Orders on
Environmental Response,                             Superfund Hotline, Phone (800) 424–
                                                                                                                 Federalism and Are They Applicable to
Compensation, and Liability Act                     9346 or (703) 412–9810 in the
                                                                                                                 This Proposed Rule?
(‘‘CERCLA’’ or ‘‘the Act’’), requires that          Washington, DC, metropolitan area.
                                                                                                            XII. Executive Order 13084
the National Oil and Hazardous                      SUPPLEMENTARY INFORMATION:                                What Is Executive Order 13084 and Is It
Substances Pollution Contingency Plan                                                                            Applicable to This Proposed Rule?
(‘‘NCP’’) include a list of national                Table of Contents
priorities among the known releases or              I. Background                                           I. Background
threatened releases of hazardous                       A. What are CERCLA and SARA?
substances, pollutants, or contaminants                B. What is the NCP?                                  A. What Are CERCLA and SARA?
throughout the United States. The                      C. What is the National Priorities List
                                                          (NPL)?                                               In 1980, Congress enacted the
National Priorities List (‘‘NPL’’)                     D. How are Sites Listed on the NPL?
constitutes this list. The NPL is                                                                           Comprehensive Environmental
                                                       E. What Happens to Sites on the NPL?                 Response, Compensation, and Liability
intended primarily to guide the                        F. How are Site Boundaries Defined?
Environmental Protection Agency                        G. How are Sites Removed From the NPL?               Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or
(‘‘EPA’’ or ‘‘the Agency’’) in determining             H. Can Portions of Sites be Deleted from             ‘‘the Act’’), in response to the dangers of
which sites warrant further                               the NPL as they are Cleaned Up?                   uncontrolled releases of hazardous
investigation to assess the nature and                 I. What is the Construction Completion List          substances. CERCLA was amended on
extent of public health and                               (CCL)?                                            October 17, 1986, by the Superfund
                                                    II. Public Review/Public Comment                        Amendments and Reauthorization Act
environmental risks associated with the
                                                       A. Can I Review the Documents Relevant               (‘‘SARA’’), Public Law 99–499, 100 Stat.
site and to determine what CERCLA-                        to this Proposed Rule?
financed remedial action(s), if any, may               B. How do I Access the Documents?                    1613 et seq.
be appropriate. This proposed rule                     C. What Documents are Available for                  B. What Is the NCP?
proposes to add two new sites to the                      Public Review at the Headquarters
NPL; both to the General Superfund                        Docket?                                              To implement CERCLA, EPA
Section of the NPL. The two sites are the              D. What Documents are Available for                  promulgated the revised National Oil
Alabama Plating Company, Inc. site                        Public Review at the Regional Dockets?
                                                       E. How do I Submit My Comments?                      and Hazardous Substances Pollution
(located in Vincent, Alabama) and the                                                                       Contingency Plan (‘‘NCP’’), 40 CFR part
                                                       F. What Happens to My Comments?
Malone Service Company, Inc. site                      G. What Should I Consider When                       300, on July 16, 1982 (47 FR 31180),
(located in Texas City, Texas).                           Preparing My Comments?                            pursuant to CERCLA section 105 and
DATES: Comments regarding any of these                 H. Can I Submit Comments After the                   Executive Order 12316 (46 FR 42237,
proposed listings must be submitted                       Public Comment Period Is Over?                    August 20, 1981). The NCP sets
(postmarked) on or before October 23,                  I. Can I View Public Comments Submitted
                                                                                                            guidelines and procedures for
2000.                                                     by Others?
                                                       J. Can I Submit Comments Regarding Sites             responding to releases and threatened
ADDRESSES: By Postal Mail: Mail                           Not Currently Proposed to the NPL?                releases of hazardous substances,
original and three copies of comments               III. Contents of This Proposed Rule                     pollutants, or contaminants under
(no facsimiles or tapes) to Docket                     A. Proposed Additions to the NPL                     CERCLA. EPA has revised the NCP on
Coordinator, Headquarters; U.S.                        B. Status of NPL                                     several occasions. The most recent
Environmental Protection Agency;                    IV. Executive Order 12866                               comprehensive revision was on March
CERCLA Docket Office; (Mail Code                       A. What is Executive Order 12866?
                                                                                                            8, 1990 (55 FR 8666).
5202G); 1200 Pennsylvania Avenue NW;                   B. Is This Proposed Rule Subject to
                                                          Executive Order 12866 Review?                        As required under section
Washington, DC 20460.
                                                    V. Unfunded Mandates                                    105(a)(8)(A) of CERCLA, the NCP also
   By Express Mail or Courier: Send                    A. What is the Unfunded Mandates Reform
original and three copies of comments                                                                       includes ‘‘criteria for determining
                                                          Act (UMRA)?                                       priorities among releases or threatened
(no facsimiles or tapes) to Docket                     B. Does UMRA Apply to This Proposed
Coordinator, Headquarters; U.S.                           Rule?                                             releases throughout the United States
Environmental Protection Agency;                    VI. Effect on Small Businesses                          for the purpose of taking remedial
CERCLA Docket Office; 1235 Jefferson                   A. What Is the Regulatory Flexibility Act?           action and, to the extent practicable,
Davis Highway; Crystal Gateway #1,                     B. Has EPA Conducted a Regulatory                    taking into account the potential
First Floor; Arlington, VA 22202.                         Flexibility Analysis for This Rule?               urgency of such action for the purpose
   By E-Mail: Comments in ASCII format              VII. National Technology Transfer and                   of taking removal action.’’ ‘‘Removal’’
                                                          Advancement Act                                   actions are defined broadly and include
only may be mailed directly to                         A. What is the National Technology
superfund.docket@epa.gov. E-mailed                        Transfer and Advancement Act?                     a wide range of actions taken to study,
comments must be followed up by an                     B. Does the National Technology Transfer             clean up, prevent or otherwise address
original and three copies sent by mail or                 and Advancement Act Apply to This                 releases and threatened releases (42
express mail.                                             Proposed Rule?                                    U.S.C. 9601(23)).


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51568             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

C. What Is the National Priorities List             pose a threat to human health or the                    limited purpose of the NPL (to identify
(NPL)?                                              environment. On December 14, 1990 (55                   releases that are priorities for further
   The NPL is a list of national priorities         FR 51532), EPA promulgated revisions                    evaluation), for it to do so.
                                                    to the HRS partly in response to                           Although a CERCLA ‘‘facility’’ is
among the known or threatened releases
                                                    CERCLA section 105(c), added by                         broadly defined to include any area
of hazardous substances, pollutants, or
                                                    SARA. The revised HRS evaluates four                    where a hazardous substance release has
contaminants throughout the United
                                                    pathways: Ground water, surface water,                  ‘‘come to be located’’ (CERCLA section
States. The list, which is appendix B of
                                                    soil exposure, and air. As a matter of                  101(9)), the listing process itself is not
the NCP (40 CFR part 300), was required
                                                    Agency policy, those sites that score                   intended to define or reflect the
under section 105(a)(8)(B) of CERCLA,
                                                    28.50 or greater on the HRS are eligible                boundaries of such facilities or releases.
as amended by SARA, section
                                                    for the NPL; (2) Each State may                         Of course, HRS data (if the HRS is used
105(a)(8)(B) defines the NPL as a list of
                                                    designate a single site as its top priority             to list a site) upon which the NPL
‘‘releases’’ and the highest priority                                                                       placement was based will, to some
‘‘facilities’’ and requires that the NPL be         to be listed on the NPL, regardless of the
                                                    HRS score. This mechanism, provided                     extent, describe the release(s) at issue.
revised at least annually. The NPL is                                                                       That is, the NPL site would include all
intended primarily to guide EPA in                  by the NCP at 40 CFR 300.425(c)(2)
                                                    requires that, to the extent practicable,               releases evaluated as part of that HRS
determining which sites warrant further                                                                     analysis.
investigation to assess the nature and              the NPL include within the 100 highest
                                                    priorities, one facility designated by                     When a site is listed, the approach
extent of public health and                                                                                 generally used to describe the relevant
environmental risks associated with a               each State representing the greatest
                                                    danger to public health, welfare, or the                release(s) is to delineate a geographical
release of hazardous substances. The                                                                        area (usually the area within an
NPL is only of limited significance,                environment among known facilities in
                                                    the State (see 42 U.S.C. 9605(a)(8)(B));                installation or plant boundaries) and
however, as it does not assign liability                                                                    identify the site by reference to that
to any party or to the owner of any                 (3) The third mechanism for listing,
                                                    included in the NCP at 40 CFR                           area. As a legal matter, the site is not
specific property. Neither does placing                                                                     coextensive with that area, and the
a site on the NPL mean that any                     300.425(c)(3), allows certain sites to be
                                                    listed regardless of their HRS score, if                boundaries of the installation or plant
remedial or removal action necessarily                                                                      are not the ‘‘boundaries’’ of the site.
need be taken. See Report of the Senate             all of the following conditions are met:
                                                       • The Agency for Toxic Substances                    Rather, the site consists of all
Committee on Environment and Public                                                                         contaminated areas within the area used
                                                    and Disease Registry (ATSDR) of the
Works, Senate Rep. No. 96–848, 96th                                                                         to identify the site, as well as any other
                                                    U.S. Public Health Service has issued a
Cong., 2d Sess. 60 (1980), 48 FR 40659                                                                      location to which contamination from
                                                    health advisory that recommends
(September 8, 1983).                                                                                        that area has come to be located, or from
                                                    dissociation of individuals from the
   For purposes of listing, the NPL                                                                         which that contamination came.
                                                    release.
includes two sections, one of the sites                • EPA determines that the release                       In other words, while geographic
that are generally evaluated and cleaned            poses a significant threat to public                    terms are often used to designate the site
up by EPA (the ‘‘General Superfund                  health.                                                 (e.g., the ‘‘Jones Co. plant site’’) in terms
Section’’), and one of sites that are                  • EPA anticipates that it will be more               of the property owned by a particular
owned or operated by other Federal                  cost-effective to use its remedial                      party, the site properly understood is
agencies (the ‘‘Federal Facilities                  authority than to use its removal                       not limited to that property (e.g., it may
Section’’). With respect to sites in the            authority to respond to the release.                    extend beyond the property due to
Federal Facilities section, these sites are            EPA promulgated an original NPL of                   contaminant migration), and conversely
generally being addressed by other                  406 sites on September 8, 1983 (48 FR                   may not occupy the full extent of the
Federal agencies. Under Executive                   40658). The NPL has been expanded                       property (e.g., where there are
Order 12580 (52 FR 2923, January 29,                since then, most recently on July 27,                   uncontaminated parts of the identified
1987) and CERCLA section 120, each                  2000 (65 FR 46096).                                     property, they may not be, strictly
Federal agency is responsible for                                                                           speaking, part of the ‘‘site’’). The ‘‘site’’
carrying out most response actions at               E. What Happens to Sites on the NPL?                    is thus neither equal to nor confined by
facilities under its own jurisdiction,                 A site may undergo remedial action                   the boundaries of any specific property
custody, or control, although EPA is                financed by the Trust Fund established                  that may give the site its name, and the
responsible for preparing an HRS score              under CERCLA (commonly referred to                      name itself should not be read to imply
and determining whether the facility is             as the ‘‘Superfund’’) only after it is                  that this site is coextensive with the
placed on the NPL. EPA generally is not             placed on the NPL, as provided in the                   entire area within the property
the lead agency at Federal Facilities               NCP at 40 CFR 300.425(b)(1).                            boundary of the installation or plant.
Section sites, and its role at such sites           (‘‘Remedial actions’’ are those                         The precise nature and extent of the site
is accordingly less extensive than at               ‘‘consistent with permanent remedy,                     are typically not known at the time of
other sites.                                        taken instead of or in addition to                      listing. Also, the site name is merely
                                                    removal actions. * * * ’’ 42 U.S.C.                     used to help identify the geographic
D. How Are Sites Listed on the NPL?                                                                         location of the contamination. For
                                                    9601(24).) However, under 40 CFR
  There are three mechanisms for                    300.425(b)(2) placing a site on the NPL                 example, the ‘‘Jones Co. plant site,’’
placing sites on the NPL for possible               ‘‘does not imply that monies will be                    does not imply that the Jones company
remedial action (see 40 CFR 300.425(c)              expended.’’ EPA may pursue other                        is responsible for the contamination
of the NCP): (1) A site may be included             appropriate authorities to remedy the                   located on the plant site.
on the NPL if it scores sufficiently high           releases, including enforcement action                     EPA regulations provide that the
on the Hazard Ranking System (‘‘HRS’’),             under CERCLA and other laws.                            ‘‘nature and extent of the problem
which EPA promulgated as a appendix                                                                         presented by the release’’ will be
A of the NCP (40 CFR part 300). The                 F. How are Site Boundaries Defined?                     determined by a Remedial Investigation/
HRS serves as a screening device to                   The NPL does not describe releases in                 Feasibility Study (‘‘RI/FS’’) as more
evaluate the relative potential of                  precise geographical terms; it would be                 information is developed on site
uncontrolled hazardous substances to                neither feasible nor consistent with the                contamination (40 CFR 300.5). During


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the RI/FS process, the release may be               I. What is the Construction Completion                  dockets. An informal request, rather
found to be larger or smaller than was              List (CCL)?                                             than a formal written request under the
originally thought, as more is learned                 EPA also has developed an NPL                        Freedom of Information Act, should be
about the source(s) and the migration of            construction completion list (‘‘CCL’’) to               the ordinary procedure for obtaining
the contamination. However, this                    simplify its system of categorizing sites               copies of any of these documents.
inquiry focuses on an evaluation of the             and to better communicate the                           C. What Documents Are Available for
threat posed; the boundaries of the                 successful completion of cleanup                        Public Review at the Headquarters
release need not be exactly defined.                activities (58 FR 12142, March 2, 1993).                Docket?
Moreover, it generally is impossible to             Inclusion of a site on the CCL has no
discover the full extent of where the               legal significance.                                       The Headquarters docket for this rule
contamination ‘‘has come to be located’’               Sites qualify for the CCL when: (1)                  contains: HRS score sheets for the
before all necessary studies and                    Any necessary physical construction is                  proposed site; a Documentation Record
remedial work are completed at a site.              complete, whether or not final cleanup                  for the site describing the information
Indeed, the boundaries of the                       levels or other requirements have been                  used to compute the score; information
contamination can be expected to                    achieved; (2) EPA has determined that                   for any site affected by particular
change over time. Thus, in most cases,              the response action should be limited to                statutory requirements or EPA listing
it may be impossible to describe the                measures that do not involve                            policies; and a list of documents
boundaries of a release with absolute               construction (e.g., institutional                       referenced in the Documentation
certainty.                                          controls); or (3) The site qualifies for                Record.
   Further, as noted above, NPL listing             deletion from the NPL. As of August 15,                 D. What Documents Are Available for
does not assign liability to any party or           2000, there are a total of 698 sites on the             Public Review at the Regional Dockets?
to the owner of any specific property.              CCL. For the most up-to-date
Thus, if a party does not believe it is             information on the CCL, see EPA’s                         The Regional dockets for this rule
liable for releases on discrete parcels of          Internet site at http://www.epa.gov/                    contain all of the information in the
property, supporting information can be             superfund.                                              Headquarters docket, plus, the actual
submitted to the Agency at any time                                                                         reference documents containing the data
                                                    II. Public Review/Public Comment                        principally relied upon and cited by
after a party receives notice it is a
potentially responsible party.                      A. Can I Review the Documents                           EPA in calculating or evaluating the
                                                    Relevant to this Proposed Rule?                         HRS score for the sites. These reference
   For these reasons, the NPL need not
                                                                                                            documents are available only in the
be amended as further research reveals                Yes, documents that form the basis for                Regional dockets.
more information about the location of              EPA’s evaluation and scoring of the sites
the contamination or release.                       in this rule are contained in dockets                   E. How Do I Submit My Comments?
G. How are Sites Removed from the                   located both at EPA Headquarters in                       Comments must be submitted to EPA
NPL?                                                Washington, DC and in the Region 4 and                  Headquarters as detailed at the
                                                    6 offices (as appropriate).                             beginning of this preamble in the
   EPA may delete sites from the NPL                                                                        ADDRESSES section. Please note that the
where no further response is                        B. How Do I Access the Documents?
                                                                                                            addresses differ according to method of
appropriate under Superfund, as                       You may view the documents, by                        delivery. There are two different
explained in the NCP at 40 CFR                      appointment only, in the Headquarters                   addresses that depend on whether
300.425(e). This section also provides              or the Region 4 and Region 6 dockets (as                comments are sent by express mail or by
that EPA shall consult with states on               appropriate) after the appearance of this               postal mail.
proposed deletions and shall consider               proposed rule. The hours of operation
whether any of the following criteria               for the Headquarters docket are from 9                  F. What Happens to My Comments?
have been met: (i) Responsible parties or           a.m. to 4 p.m., Monday through Friday                     EPA considers all comments received
other persons have implemented all                  excluding Federal holidays. Please                      during the comment period. Significant
appropriate response actions required;              contact the Regional dockets for hours.                 comments will be addressed in a
(ii) All appropriate Superfund-financed               Following is the contact information                  support document that EPA will publish
response has been implemented and no                for the EPA Headquarters docket:                        concurrently with the Federal Register
further response action is required; or             Docket Coordinator, Headquarters, U.S.                  document if, and when, the site is listed
(iii) The remedial investigation has                EPA CERCLA Docket Office, Crystal                       on the NPL.
shown the release poses no significant              Gateway #1, 1st Floor, 1235 Jefferson
threat to public health or the                      Davis Highway, Arlington, VA 22202,                     G. What Should I Consider When
environment, and taking of remedial                 703/603–9232. (Please note this is a                    Preparing My Comments?
measures is not appropriate. As of                  visiting address only. Mail comments to                   Comments that include complex or
August 15, 2000, the Agency has deleted             EPA Headquarters as detailed at the                     voluminous reports, or materials
216 sites from the NPL.                             beginning of this preamble.)                            prepared for purposes other than HRS
                                                      The contact information for the                       scoring, should point out the specific
H. Can Portions of Sites be Deleted from            Regional dockets is as follows:                         information that EPA should consider
the NPL as they are Cleaned Up?
                                                    Joellen O’Neill, Region 4 (AL, FL, GA,                  and how it affects individual HRS factor
   In November 1995, EPA initiated a                  KY, MS, NC, SC, TN), U.S. EPA, 61                     values or other listing criteria
new policy to delete portions of NPL                  Forsyth Street, SW, 9th floor, Atlanta,               (Northside Sanitary Landfill v. Thomas,
sites where cleanup is complete (60 FR                GA 30303; 404/562–8127.                               849 F.2d 1516 (D.C. Cir. 1988)). EPA
55465, November 1, 1995). Total site                Brenda Cook, Region 6 (AR, LA, NM,                      will not address voluminous comments
cleanup may take many years, while                    OK, TX), U.S. EPA, 1445 Ross                          that are not specifically cited by page
portions of the site may have been                    Avenue, Mailcode 6SF–RA, Dallas,                      number and referenced to the HRS or
cleaned up and available for productive               TX 75202–2733; 214/665–7436.                          other listing criteria. EPA will not
use. As of August 15, 2000, EPA has                   You may also request copies from                      address comments unless they indicate
deleted portions of 19 sites.                       EPA Headquarters or the Regional                        which component of the HRS


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51570             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

documentation record or what                        numbers at time of publication in the                   inconsistent with applicable law.
particular point in EPA’s stated                    Federal Register.)                                      Moreover, section 205 allows EPA to
eligibility criteria is at issue.                                                                           adopt an alternative other than the least
                                                    IV. Executive Order 12866
                                                                                                            costly, most cost-effective, or least
H. Can I Submit Comments After the
                                                    A. What Is Executive Order 12866?                       burdensome alternative if the
Public Comment Period Is Over?
                                                       Under Executive Order 12866, (58 FR                  Administrator publishes with the final
   Generally, EPA will not respond to                                                                       rule an explanation why that alternative
                                                    51735 (October 4, 1993)) the Agency
late comments. EPA can only guarantee                                                                       was not adopted. Before EPA establishes
                                                    must determine whether a regulatory
that it will consider those comments                                                                        any regulatory requirements that may
                                                    action is ‘‘significant’’ and therefore
postmarked by the close of the formal                                                                       significantly or uniquely affect small
                                                    subject to OMB review and the
comment period. EPA has a policy of                                                                         governments, including tribal
                                                    requirements of the Executive Order.
not delaying a final listing decision                                                                       governments, it must have developed
                                                    The Order defines ‘‘significant
solely to accommodate consideration of                                                                      under section 203 of the UMRA a small
                                                    regulatory action’’ as one that is likely
late comments.                                                                                              government agency plan. The plan must
                                                    to result in a rule that may: (1) Have an
I. Can I View Public Comments                       annual effect on the economy of $100                    provide for notifying potentially
Submitted by Others?                                million or more or adversely affect in a                affected small governments, enabling
                                                    material way the economy, a sector of                   officials of affected small governments
   During the comment period,
                                                    the economy, productivity, competition,                 to have meaningful and timely input in
comments are placed in the
                                                    jobs, the environment, public health or                 the development of EPA regulatory
Headquarters docket and are available to
                                                    safety, or State, local, or tribal                      proposals with significant Federal
the public on an ‘‘as received’’ basis. A
                                                    governments or communities; (2) create                  intergovernmental mandates, and
complete set of comments will be
available for viewing in the Regional               a serious inconsistency or otherwise                    informing, educating, and advising
docket approximately one week after the             interfere with an action taken or                       small governments on compliance with
formal comment period closes.                       planned by another agency; (3)                          the regulatory requirements.
                                                    materially alter the budgetary impact of                B. Does UMRA Apply to This Proposed
J. Can I Submit Comments Regarding                  entitlements, grants, user fees, or loan
Sites Not Currently Proposed to the                                                                         Rule?
                                                    programs or the rights and obligations of
NPL?                                                recipients thereof; or (4) raise novel                     No, EPA has determined that this rule
   In certain instances, interested parties         legal or policy issues arising out of legal             does not contain a Federal mandate that
have written to EPA concerning sites                mandates, the President’s priorities, or                may result in expenditures of $100
which were not at that time proposed to             the principles set forth in the Executive               million or more for State, local, and
the NPL. If those sites are later proposed          Order.                                                  tribal governments in the aggregate, or
to the NPL, parties should review their                                                                     by the private sector in any one year.
                                                    B. Is This Proposed Rule Subject to                     This rule will not impose any federal
earlier concerns and, if still appropriate,         Executive Order 12866 Review?
resubmit those concerns for                                                                                 intergovernmental mandate because it
consideration during the formal                       No, the Office of Management and                      imposes no enforceable duty upon State,
comment period. Site-specific                       Budget (OMB) has exempted this                          tribal or local governments. Listing a
correspondence received prior to the                regulatory action from Executive Order                  site on the NPL does not itself impose
period of formal proposal and comment               12866 review.                                           any costs. Listing does not mean that
will not generally be included in the                                                                       EPA necessarily will undertake
                                                    V. Unfunded Mandates
docket.                                                                                                     remedial action. Nor does listing require
                                                    A. What Is the Unfunded Mandates                        any action by a private party or
III. Contents of This Proposed Rule                 Reform Act (UMRA)?                                      determine liability for response costs.
A. Proposed Additions to the NPL                       Title II of the Unfunded Mandates                    Costs that arise out of site responses
                                                    Reform Act of 1995 (UMRA), Public                       result from site-specific decisions
  With today’s proposed rule, EPA is
                                                    Law 104–4, establishes requirements for                 regarding what actions to take, not
proposing to add two new sites to the
                                                    Federal Agencies to assess the effects of               directly from the act of listing a site on
NPL; both to the General Superfund
                                                    their regulatory actions on State, local,               the NPL.
Section of the NPL. The sites are being                                                                        For the same reasons, EPA also has
proposed based on HRS scores of 28.50               and tribal governments and the private
                                                    sector. Under section 202 of the UMRA,                  determined that this rule contains no
or above. The two sites are the Alabama                                                                     regulatory requirements that might
Plating Company, Inc. site (located in              EPA generally must prepare a written
                                                    statement, including a cost-benefit                     significantly or uniquely affect small
Vincent, Alabama) and the Malone                                                                            governments. In addition, as discussed
Service Company, Inc. site (located in              analysis, for proposed and final rules
                                                    with ‘‘Federal mandates’’ that may                      above, the private sector is not expected
Texas City, Texas).                                                                                         to incur costs exceeding $100 million.
                                                    result in expenditures by State, local,
B. Status of NPL                                    and tribal governments, in the aggregate,               EPA has fulfilled the requirement for
  With this proposal of two new sites,              or by the private sector, of $100 million               analysis under the Unfunded Mandates
there are now 59 sites proposed and                 or more in any one year. Before EPA                     Reform Act.
awaiting final agency action, 53 in the             promulgates a rule for which a written                  VI. Effect on Small Businesses
General Superfund Section and 6 in the              statement is needed, section 205 of the
Federal Facilities Section. There are               UMRA generally requires EPA to                          A. What Is the Regulatory Flexibility
currently 1,235 final sites; 1,076 in the           identify and consider a reasonable                      Act?
General Superfund Section and 159 in                number of regulatory alternatives and                     Pursuant to the Regulatory Flexibility
the Federal Facilities Section. Final and           adopt the least costly, most cost-                      Act (5 U.S.C. 601 et seq., as amended by
proposed sites now total 1,294. (These              effective, or least burdensome                          the Small Business Regulatory
numbers reflect the status of sites as of           alternative that achieves the objectives                Enforcement Fairness Act (SBREFA) of
August 15, 2000. Site deletions                     of the rule. The provisions of section                  1996) whenever an agency is required to
occurring after this date may affect these          205 do not apply when they are                          publish a notice of rulemaking for any


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                   Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                   51571

proposed or final rule, it must prepare             proposed regulation does not require a                  proposal that will have
and make available for public comment               regulatory flexibility analysis.                        disproportionately high and adverse
a regulatory flexibility analysis that                                                                      human health and environmental effects
                                                    VII. National Technology Transfer and
describes the effect of the rule on small                                                                   on any segment of the population.
                                                    Advancement Act
entities (i.e., small businesses, small
organizations, and small governmental               A. What Is the National Technology                      IX. Executive Order 13045
jurisdictions). However, no regulatory              Transfer and Advancement Act?                           A. What Is Executive Order 13045?
flexibility analysis is required if the               Section 12(d) of the National
head of an agency certifies the rule will           Technology Transfer and Advancement                       Executive Order 13045: ‘‘Protection of
not have a significant economic impact              Act of 1995 (NTTAA), Public Law 104–                    Children from Environmental Health
on a substantial number of small                    113, section 12(d) (15 U.S.C. 272 note),                Risks and Safety Risks’’ (62 FR 19885,
entities. SBREFA amended the                        directs EPA to use voluntary consensus                  April 23, 1997) applies to any rule that:
Regulatory Flexibility Act to require               standards in its regulatory activities                  (1) Is determined to be ‘‘economically
Federal agencies to provide a statement             unless to do so would be inconsistent                   significant’’ as defined under Executive
of the factual basis for certifying that a          with applicable law or otherwise                        Order 12866, and (2) concerns an
rule will not have a significant                    impractical. Voluntary consensus                        environmental health or safety risk that
economic impact on a substantial                    standards are technical standards (e.g.,                EPA has reason to believe may have a
number of small entities.                           materials specifications, test methods,                 disproportionate effect on children. If
                                                    sampling procedures, and business                       the regulatory action meets both criteria,
B. Has EPA Conducted a Regulatory                                                                           the Agency must evaluate the
Flexibility Analysis for This Rule?                 practices) that are developed or adopted
                                                    by voluntary consensus standards                        environmental health or safety effects of
   No. While this rule proposes to revise           bodies. The NTTAA directs EPA to                        the planned rule on children, and
the NPL, an NPL revision is not a                   provide Congress, through OMB,                          explain why the planned regulation is
typical regulatory change since it does             explanations when the Agency decides                    preferable to other potentially effective
not automatically impose costs. As                  not to use available and applicable                     and reasonably feasible alternatives
stated above, adding sites to the NPL               voluntary consensus standards.                          considered by the Agency.
does not in itself require any action by                                                                    B. Does Executive Order 13045 Apply to
any party, nor does it determine the                B. Does the National Technology
                                                    Transfer and Advancement Act Apply                      This Proposed Rule?
liability of any party for the cost of
cleanup at the site. Further, no                    to This Proposed Rule?                                    This proposed rule is not subject to
identifiable groups are affected as a                 No. This proposed rulemaking does                     Executive Order 13045 because it is not
whole. As a consequence, impacts on                 not involve technical standards.                        an economically significant rule as
any group are hard to predict. A site’s             Therefore, EPA did not consider the use                 defined by Executive Order 12866, and
inclusion on the NPL could increase the             of any voluntary consensus standards.                   because the Agency does not have
likelihood of adverse impacts on                                                                            reason to believe the environmental
responsible parties (in the form of                 VIII. Executive Order 12898
                                                                                                            health or safety risks addressed by this
cleanup costs), but at this time EPA                A. What Is Executive Order 12898?                       proposed rule present a
cannot identify the potentially affected               Under Executive Order 12898,                         disproportionate risk to children.
businesses or estimate the number of                ‘‘Federal Actions to Address
small businesses that might also be                                                                         X. Paperwork Reduction Act
                                                    Environmental Justice in Minority
affected.                                           Populations and Low-Income                              A. What Is the Paperwork Reduction
   The Agency does expect that placing              Populations,’’ as well as through EPA’s                 Act?
the sites in this proposed rule on the              April 1995, ‘‘Environmental Justice
NPL could significantly affect certain                                                                         According to the Paperwork
                                                    Strategy, OSWER Environmental Justice
industries, or firms within industries,                                                                     Reduction Act (PRA), 44 U.S.C. 3501 et
                                                    Task Force Action Agenda Report,’’ and
that have caused a proportionately high                                                                     seq., an agency may not conduct or
                                                    National Environmental Justice
percentage of waste site problems.                                                                          sponsor, and a person is not required to
                                                    Advisory Council, EPA has undertaken
However, EPA does not expect the                                                                            respond to a collection of information
                                                    to incorporate environmental justice
listing of these sites to have a significant                                                                that requires OMB approval under the
                                                    into its policies and programs. EPA is
economic impact on a substantial                                                                            PRA, unless it has been approved by
                                                    committed to addressing environmental
number of small businesses.                                                                                 OMB and displays a currently valid
                                                    justice concerns, and is assuming a
   In any case, economic impacts would                                                                      OMB control number. The OMB control
                                                    leadership role in environmental justice
occur only through enforcement and                                                                          numbers for EPA’s regulations, after
                                                    initiatives to enhance environmental
cost-recovery actions, which EPA takes                                                                      initial display in the preamble of the
                                                    quality for all residents of the United
at its discretion on a site-by-site basis.                                                                  final rules, are listed in 40 CFR part 9.
                                                    States. The Agency’s goals are to ensure
EPA considers many factors when                                                                             The information collection requirements
                                                    that no segment of the population,
determining enforcement actions,                                                                            related to this action have already been
                                                    regardless of race, color, national origin,
including not only a firm’s contribution                                                                    approved by OMB pursuant to the PRA
                                                    or income, bears disproportionately
to the problem, but also its ability to                                                                     under OMB control number 2070–0012
                                                    high and adverse human health and
pay. The impacts (from cost recovery)                                                                       (EPA ICR No. 574).
                                                    environmental effects as a result of
on small governments and nonprofit                  EPA’s policies, programs, and activities,               B. Does the Paperwork Reduction Act
organizations would be determined on a              and all people live in clean and                        Apply to This Proposed Rule?
similar case-by-case basis.                         sustainable communities.
   For the foregoing reasons, I hereby                                                                        No. EPA has determined that the PRA
certify that this proposed rule, if                 B. Does Executive Order 12898 Apply to                  does not apply because this rule does
promulgated, will not have a significant            This Proposed Rule?                                     not contain any information collection
economic impact on a substantial                      No. While this rule proposes to revise                requirements that require approval of
number of small entities. Therefore, this           the NPL, no action will result from this                the OMB.


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51572             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

XI. Executive Orders on Federalism                  requires EPA to provide to the Office of                which carriers must notify NECA of
                                                    Management and Budget, in a separately                  changes in their participation in NECA’s
What Are the Executive Orders on
                                                    identified section of the preamble to the               access tariffs. Specifically, the carrier
Federalism and Are They Applicable to
                                                    rule, a description of the extent of EPA’s              election deadline would be changed
This Proposed Rule?
                                                    prior consultation with representatives                 from December 31 of the previous year
   Executive Order 13132, entitled                  of affected tribal governments, a                       to March 1 of the tariff year. NECA
‘‘Federalism’’ (64 FR 43255, August 10,             summary of the nature of their concerns,                asserts that, because of streamlined tariff
1999), requires EPA to develop an                   and a statement supporting the need to                  notification periods and electronic data
accountable process to ensure                       issue the regulation. In addition,                      collection methods, it no longer requires
‘‘meaningful and timely input by State              Executive Order 13084 requires EPA to                   six months advance notice of tariff
and local officials in the development of           develop an effective process permitting                 participation changes. Moving the
regulatory policies that have federalism            elected officials and other                             notice deadline from December to 31 of
implications.’’ ‘‘Policies that have                representatives of Indian tribal                        the previous year to March 1 of the tariff
federalism implications’’ is defined in             governments ‘‘to provide meaningful                     year will provide carriers more time in
the Executive Order to include                      and timely input in the development of                  which to make their tariff participation
regulations that have ‘‘substantial direct          regulatory policies on matters that                     decisions.
effects on the States, on the relationship          significantly or uniquely affect their                  DATES: Comments are due on or before
between the national government and                 communities.’’                                          September 8, 2000, and reply comments
the States, or on the distribution of                  This proposed rule does not                          are due on or before September 18,
power and responsibilities among the                significantly or uniquely affect the                    2000.
various levels of government.’’                     communities of Indian tribal                            ADDRESSES: Federal Communications
   Under Section 6 of Executive Order               governments because it does not                         Commission, 445 12th Street, SW.,
13132, EPA may not issue a regulation               significantly or uniquely affect their                  Washington, DC 20554.
that has federalism implications, that              communities. Accordingly, the                           FOR FURTHER INFORMATION CONTACT:
imposes substantial direct compliance               requirements of section 3(b) of                         Jennifer McKee, (202) 418–1520.
costs, and that is not required by statute,         Executive Order 13084 do not apply to
unless the Federal government provides                                                                      SUPPLEMENTARY INFORMATION: Under 47
                                                    this proposed rule.
the funds necessary to pay the direct                                                                       CFR 69.3, NECA is responsible for filing
compliance costs incurred by State and              List of Subjects in 40 CFR Part 300                     an access service tariff as agent for all
local governments, or EPA consults with                                                                     telephone companies that participate in
                                                      Environmental protection, Air
State and local officials early in the                                                                      the association tariff. The association
                                                    pollution control, Chemicals, Hazardous
process of developing the proposed                                                                          tariff is to be filed with a scheduled
                                                    substances, Hazardous waste,
regulation. EPA also may not issue a                                                                        effective date of July 1. To provide
                                                    Intergovernmental relations, Natural
regulation that has federalism                                                                              NECA with sufficient notice, carriers are
                                                    resources, Oil pollution, Penalties,
implications and that preempts State                                                                        currently required to notify NECA of
                                                    Reporting and recordkeeping
                                                                                                            any change in their association tariff
law, unless the Agency consults with                requirements, Superfund, Water
                                                                                                            participation by December 31 of the year
State and local officials early in the              pollution control, Water supply.
                                                                                                            preceding the filing of the tariff.
process of developing the proposed                    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.               In 1997 the Commission streamlined
regulation.                                         9601–9657; Executive Order 12777, 56 FR                 its tariff filing rules, allowing carriers to
   This proposed rule does not have                 54757, 3 CFR, 1991 Comp., p. 351; Executive             file their annual access tariffs on 15
federalism implications. It will not have           Order 12580, 52 FR 2923, 3 CFR, 1987                    days notice, rather than on 90 days
substantial direct effects on the States,           Comp., p. 193.
                                                                                                            notice. 63 FR 13132, March 18, 1998.
on the relationship between the national              Dated: August 17, 2000.                               The streamlined notice requirement
government and the States, or on the                Timothy Fields, Jr.,                                    applies to NECA’s association access
distribution of power and
                                                    Assistant Administrator, Office of Solid Waste          service tariff, allowing NECA to file the
responsibilities among the various                  and Emergency Response.                                 tariff on June 16, rather than on April 2,
levels of government, as specified in
                                                    [FR Doc. 00–21524 Filed 8–23–00; 8:45 am]               for an effective date of July 1. In
Executive Order 13132. Thus, the
                                                    BILLING CODE 6560–50–P                                  addition to the streamlined notice
requirements of section 6 of the
                                                                                                            period, NECA now employs electronic
Executive Order do not apply to this
                                                                                                            data collection and processing routines
rule.
                                                    FEDERAL COMMUNICATIONS                                  that were not in use when 47 CFR 69.3
XII. Executive Order 13084                          COMMISSION                                              was adopted. These more efficient data
                                                                                                            collection techniques significantly
What Is Executive Order 13084 and Is It
                                                    47 CFR Part 69                                          reduce the time required to assemble
Applicable to This Proposed Rule?
                                                                                                            and analyze data for NECA’s tariff filing.
  Under Executive Order 13084, EPA                  [CC Docket No. 99–316; FCC 99–307]
                                                                                                            According to NECA, the tariff
may not issue a regulation that is not                                                                      streamlining rules and improvements in
                                                    Shortening Notice Period for Changes
required by statute, that significantly or                                                                  data collection management eliminate
                                                    in Participation in NECA’s Access
uniquely affects the communities of                                                                         the need for carriers to provide six
                                                    Tariffs
Indian tribal governments, and that                                                                         months advance notice to NECA of
imposes substantial direct compliance               AGENCY: Federal Communications                          planned tariff participation changes.
costs on those communities, unless the              Commission.                                             Therefore, NECA filed a petition for
Federal government provides the funds               ACTION: Notice of proposed rulemaking.                  rulemaking seeking to change the carrier
necessary to pay the direct compliance                                                                      notification date from December 31 of
costs incurred by the tribal                        SUMMARY: This document seeks                            the previous year to March 1 of the tariff
governments, or EPA consults with                   comment on the National Exchange                        year.
those governments. If EPA complies by               Carrier Association, Inc.’s (NECA’s)                       We agree with NECA that changes in
consulting, Executive Order 13084                   proposal to extend the deadline by                      tariff notification periods and


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51573

advancements in data collection and                 Initial Paperwork Reduction Act                         advancements in data collection and
processing methods may warrant a                    Analysis                                                processing methods have facilitated
shorter timeframe for carriers to provide              This Notice of Proposed Rulemaking                   NECA’s ability to prepare association
notice of tariff participation changes. In          (‘‘NPRM’’) contains a proposed                          tariffs. Therefore, NECA can receive
addition, as NECA noted in its petition,            information collection. As part of its                  notifications from carriers changing the
shorter notice periods will not                                                                             status of their association tariff
                                                    continuing effort to reduce paperwork
disadvantage NECA and may help                                                                              participation closer to the tariff filing
                                                    burdens, we invite the general public
smaller companies make better-                                                                              deadline. At NECA’s request, the
                                                    and the Office of Management and
informed decisions regarding tariff                                                                         Commission is proposing to amend its
                                                    Budget (‘‘OMB’’) to take this
participation. For instance, because the                                                                    rules to extend the deadline by which
                                                    opportunity to comment on the
deadline by which NECA must file                                                                            carriers must notify NECA of changes in
                                                    information collections contained in
proposed revisions to its average                                                                           association tariff participation.
                                                    this NPRM, as required by the
schedule formulas is December 31,                                                                           Specifically, the notification deadline
                                                    Paperwork Reduction Act of 1995, 44
                                                                                                            would be changed from December 31 of
companies that rely on these formulas to            U.S.C. 3501 et seq. Public and agency
                                                                                                            the preceding year to March 1 of the
compute interstate access compensation              comments must be filed by the same                      tariff year. This extension of the
will have more time to analyze the                  filing deadlines as comments on this                    notification deadline will provide
proposed revisions before deciding                  NPRM; OMB comments are due 60 days                      carriers additional time to determine
whether to participate in NECA’s access             from the date of publication of this                    their tariff participation status, thus
tariff.                                             NPRM in the Federal Register.                           allowing them to make more informed
   Therefore, we propose to amend 47                Comments should address: (a) whether                    tariff participation decisions.
CFR part 69 to allow carriers until                 the proposed collection of information
                                                    is necessary for the proper performance                 Legal Basis
March 1 of each tariff year to notify
NECA of any changes in tariff                       of the Commission, including whether                      The proposed action is authorized
participation. We seek comment on this              the information shall have practical                    under sections 1, 4(i), 4(j), 201–205, and
proposed change.                                    utility; (b) the accuracy of the                        303 of the Communications Act of 1934,
                                                    Commission’s burden estimates; (c)                      as amended. 47 U.S.C. 151, 154(i),
   In the alternative, NECA suggested               ways to enhance the quality, utility, and               154(j), 201–205, and 303.
that the Commission eliminate its                   clarity of the information collected; and
requirement that companies notify                   (d) ways to minimize the burden of the                  Description and Estimate of the Number
NECA of changes in their tariff                     collection of information on the                        of Small Entities to Which the Proposed
participation. According to NECA,                   respondents, including the use of                       Rules Will Apply
elimination of this requirement will                automated collection techniques or                         The RFA requires that an initial
ease the Commission’s administrative                other forms of information technology.                  regulatory flexibility analysis be
burden of reviewing applications for                                                                        prepared for notice and comment
special permission filed by carriers that           Initial Regulatory Flexibility Act                      rulemaking proceedings, unless the
seek waiver of the tariff election                  Analysis                                                agency certifies that ‘‘the rule will not,
deadline. NECA also noted that the                     As required by the Regulatory                        if promulgated, have a significant
Commission’s objective of providing                 Flexibility Act (‘‘RFA’’), 5 U.S.C. 603,                economic impact on a substantial
NECA ample time to develop annual                   the Commission has prepared this                        number of small entities.’’ 5 U.S.C.
access rates may be better served by                Initial Regulatory Flexibility Analysis                 605(b). The RFA generally defines
allowing the association to develop                 (‘‘IRFA’’) of the possible significant                  ‘‘small entity’’ as having the same
internal procedures, which could be                 economic impact on small entities by                    meaning as the terms ‘‘small business,’’
adjusted to meet special circumstances.             the policies and rules proposed in this                 ‘‘small organization,’’ and ‘‘small
We also seek comment on this proposal.              NPRM. The RFA, 5 U.S.C. 601 et seq.,                    governmental jurisdiction.’’ 5 U.S.C.
                                                    has been amended by the Contract With                   601(6). In addition, the term ‘‘small
Ex Parte Presentations                              America Advancement Act of 1996,                        business’’ has the same meaning as the
                                                    Public Law 104–121, 110 Stat. 847                       term ‘‘small business concern’’ under
   This proceeding shall be treated as a                                                                    the Small Business Act. 5 U.S.C. 601(3)
                                                    (1996) (‘‘CWAAA’’). Title II of the
‘‘permit-but-disclose’’ proceeding in                                                                       (incorporating by reference the
                                                    CWAAA is the Small Business
accordance with 47 CFR 1.1206(b). Ex                                                                        definition of ‘‘small business concern’’
                                                    Regulatory Enforcement Fairness Act of
parte presentations are permissible if              1996 (‘‘SBREFA’’). Written public                       in 15 U.S.C. 632). Pursuant to the RFA,
disclosed in accordance with                        comments are requested on this IRFA.                    the statutory definition of a small
Commission rules, except during the                 Comments must be identified as                          business applies ‘‘unless an agency,
Sunshine Agenda period when                         responses to the IRFA and must be filed                 after consultation with the Office of
presentations, ex parte or otherwise, are           by the deadlines for comments on the                    Advocacy of the Small Business
generally prohibited. Persons making                NPRM. The Commission will send a                        Administration and after opportunity
oral ex parte presentations are reminded            copy of the NPRM, including this IRFA,                  for public comment, establishes one or
that memoranda summarizing the                      to the Chief Counsel for Advocacy of the                more definitions of such term which are
presentations must contain summaries                Small Business Administration in                        appropriate to the activities of the
of the substance of the presentations               accordance with the RFA. In addition,                   agency and publishes such definition(s)
and not merely a listing of the subjects            the NPRM and IRFA (or summaries                         in the Federal Register.’’ 5 U.S.C.
discussed. More than a one or two                   thereof) will be published in the Federal               601(3). A small business concern is one
sentence description of the views and               Register. 5 U.S.C. 603(a).                              which: (1) is independently owned and
arguments presented generally is                                                                            operated; (2) is not dominant in its field
required. See 47 CFR 1.1206(b)(2).                  Need for and Objectives of the Proposed                 of operation; and (3) satisfies any
Additional rules pertaining to oral and             Rules                                                   additional criteria established by the
written presentations are set forth in                NECA has asserted that changes in                     Small Business Administration
§ 1.1206(b).                                        tariff notification periods and                         (‘‘SBA’’). 15 U.S.C. 632.


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51574             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

   In this IRFA, we consider the                    telephone operators, providers of                       compensation, because NECA is
potential impact of the NPRM on all                 telephone toll service, providers of                    required to file proposed revisions to
local exchange carriers (‘‘LECs’’) that             telephone exchange service, and                         these schedules by December 31. The
could consider participating in NECA’s              resellers.                                              extension of the tariff election deadline
association tariffs. Neither the                       There are two principal providers of                 will provide carriers more time to
Commission nor the SBA has developed                local telephone service; incumbent LECs                 analyze NECA’s proposed revisions
a definition for small LECs. The closest            and competing local service providers.                  before making tariff participation
applicable definition under the SBA                 However, under 47 CFR part 69,                          decisions. We seek comment on our
rules is for Standard Industrial                    participation in NECA’s access service                  tentative conclusions and proposals,
Classification (‘‘SIC’’) category 4813,             tariffs is limited to incumbent LECs,                   and on additional actions we might take
telephone communications companies                  therefore the proposed rule changes will                in this regard.
other than radiotelephone (wireless)                not affect competing local service
                                                    providers. 47 CFR 69.2(hh). According                   Federal Rules that May Duplicate,
companies. 13 CFR 121.201. For this
                                                    to the most recent Locator data, 1,410                  Overlap, or Conflict With the Proposed
category, the SBA has defined a small
                                                    filers identified themselves as                         Rules
business to be a small entity having no
more than 1,500 employees. 13 CFR                   incumbent LECs. Data set forth in the                     There are no federal rules that may
121.201.                                            FCC Preliminary Statistics of                           duplicate, overlap, or conflict with the
   We have included small incumbent                 Communications Common Carriers                          proposed rules.
LECs in this RFA analysis. As noted                 (‘‘SOCC’’) lists 32 incumbent LECs that                 Filing of Comments and Reply
above, a ‘‘small business’’ under the               have more than 1,500 employees. We do                   Comments
RFA is one that, inter alia, meets the              not have data specifying the number of
pertinent small business size standard              these carriers that are either dominant                    Pursuant to 47 CFR 1.415, 1.419,
(e.g., a telephone communications                   in their field of operations or are not                 interested parties may file comments on
business having 1,500 or fewer                      independently owned and operated, and                   or before September 8, 2000, and reply
employees), and ‘‘is not dominant in its            thus are unable at this time to estimate                comments on or before September 18,
field of operation.’’ 5 U.S.C. 601(3). The          with greater precision the number of                    2000. Comments may be filed using the
SBA’s Office of Advocacy contends that,             incumbent LECs that would qualify as                    Commission’s Electronic Comment
for RFA purposes, small incumbent                   small business concerns under the                       Filing System (‘‘ECFS’’) or by filing
LECs are not dominant in their field of             SBA’s definition. Consequently, we                      paper copies.
operation because any such dominance                estimate that fewer than 1,378                             Comments filed through the ECFS can
is not ‘‘national’’ in scope. Letter from           incumbent LECs are small entities that                  be sent as an electronic file via the
Jere W. Glover, Chief Counsel for                   may be affected by the proposed rules,                  Internet to <http://www.fcc.gov/e-file/
Advocacy, SBA, to William E. Kennard,               if adopted.                                             ecfs.html>. In completing the
Chairman, FCC (May 27, 1999). SBA                                                                           transmittal screen, commenters should
                                                    Description of Projected Reporting,                     include their full name, Postal Service
regulations interpret ‘‘small business
                                                    Recordkeeping and Other Compliance                      mailing address, and the applicable
concern’’ to include the concept of
                                                    Requirements                                            docket or rulemaking number. Parties
dominance on a national basis. 13 CFR
121.102(b). Since 1996, out of an                      An Initial Paperwork Reduction Act                   may also submit an electronic comment
abundance of caution, the Commission                analysis is contained in the NPRM. This                 by Internet e-mail. To get filing
has included small incumbent LECs in                NPRM seeks comment on a proposed                        instructions for e-mail comments,
its regulatory flexibility analyses. See,           extension of the date by which carriers                 commenters should send an e-mail to
e.g., Implementation of the Local                   must notify NECA of changes in                          ecfs@fcc.gov, and should include the
Competition Provisions of the                       participation in association tariffs.                   following words in the body of the
Telecommunications Act of 1996, 61 FR               Under the current rules this notification               message, ‘‘get form <your e-mail
45476, August 29, 1996. Although we                 must be provided six months prior to                    address>.’’ A sample form and
have included small incumbent LECs in               the effective date of the tariff, by                    directions will be sent in reply. Only
this RFA analysis, we emphasize that                December 31 of the preceding year. The                  one copy of electronically-filed
this RFA action has no effect on the                Commission proposes to allow carriers                   comments must be submitted.
Commission’s analyses and                           until March 1 of the tariff year to                        Parties who choose to file by paper
determinations in other, non-RFA                    provide the required notification to                    must file an original and four copies of
contexts.                                           NECA. The NPRM also seeks comment                       each filing. All filings must be sent to
   The most reliable source of                      on an alternative proposal to eliminate                 the Commission’s Secretary, Magalie
information regarding the total numbers             the Commission notification rule and                    Roman Salas, Office of the Secretary,
of certain common carrier and related               allow NECA to adopt internal                            Federal Communications Commission,
providers nationwide, as well as the                procedures governing tariff participation               445 12th Street, S.W., Room TW–B204,
numbers of commercial wireless                      notification.                                           Washington, D.C. 20554.
entities, appears to be data the                                                                               Parties who choose to file by paper
Commission publishes annually in its                Steps Taken to Minimize Significant                     should also submit their comments on
Carrier Locator: Interstate Service                 Economic Impact on Small Entities, and                  diskette. The diskette should be
Providers Report (‘‘Locator’’). This                Significant Alternatives Considered                     submitted to: Wanda Harris, Federal
report was compiled using information                 The rule amendments we propose in                     Communications Commission, Common
from Telecommunications Relay Service               the NPRM are designed to assist all                     Carrier Bureau, Competitive Pricing
(‘‘TRS’’) fund worksheets filed by                  carriers in making their association tariff             Division, 445 12th Street, S.W., Fifth
carriers, including, inter alia, LECs,              participation elections. The proposed                   Floor, Washington, D.C. 20554. The
competitive local exchange carriers,                extension of the notification date from                 submission should be on a 3.5 inch
interexchange carriers, competitive                 December 31 to March 1 may                              diskette formatted in an IBM compatible
access providers, satellite service                 particularly benefit smaller carriers that              format using WordPerfect 5.1 for
providers, wireless telephony providers,            rely on average schedule formulas to                    Windows or compatible software. The
operator service providers, pay                     compute interstate access                               diskette should be accompanied by a


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                    Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                   51575

cover letter and should be submitted in              seeking the allotment of Channel 254C1                    Federal Communications Commission.
‘‘read only’’ mode. The diskette should              to Hawthorne, NV, as the community’s                    John A. Karousos,
be clearly labeled with the commenter’s              second local FM channel. Channel                        Chief, Allocations Branch, Policy and Rules
name, proceeding (including the docket               254C1 can be allotted to Hawthorne in                   Division, Mass Media Bureau.
number in this case), type of pleading               compliance with the Commission’s                        [FR Doc. 00–21577 Filed 8–23–00; 8:45 am]
(comments or reply comments), date of                minimum distance separation                             BILLING CODE 6712–01–P
submission, and the name of the                      requirements without the imposition of
electronic file on the diskette. The label           a site restriction, at coordinates 38–31–
should also include the following                    29 NL; 118–37–25 WL. On the                             FEDERAL COMMUNICATIONS
phrase: ‘‘Disk Copy—Not an Original.’’               Commission’s own motion, the Notice                     COMMISSION
Each diskette should contain only one                of Proposed Rule Making also proposes
party’s pleadings, preferably in a single                                                                    47 CFR Part 73
                                                     to delete unoccupied and unapplied-for
electronic file. In addition, commenters                                                                     [DA 00–1758, MM Docket No. 00–134, RM–
                                                     Channel 228A at Hawthorne unless an
must send diskette copies to the                                                                             9922]
                                                     expression of interest in activating the
Commission’s copy contractor,
International Transcription Service,                 channel is received by the initial                      Radio Broadcasting Services;
Inc., 1231 20th Street, N.W.,                        comment period.                                         Brighton, VT
Washington, D.C. 20036. Comments and                 DATES: Comments must be filed on or                     AGENCY: Federal Communications
reply comments will be available for                 before October 2, 2000, and reply                       Commission.
public inspection during regular                     comments on or before October 17,
business hours in the FCC Reference                                                                          ACTION: Proposed rule.
                                                     2000.
Center, 445 12th Street, S.W., Room CY–                                                                      SUMMARY: The Commission requests
A257, Washington, D.C. 20554.                        ADDRESSES:  Federal Communications                      comments on a petition filed by Linda
                                                     Commission, 445 12th Street, SW.,                       A. Davidson seeking the allotment of
Ordering Clauses
                                                     Room TW–A325, Washington, DC                            Channel 270A to Brighton, VT, as the
  Pursuant to the authority contained in             20554. In addition to filing comments
sections 1, 4(i), 4(j), 201–205, and 303                                                                     community’s first local aural service.
                                                     with the FCC, interested parties should                 Channel 270A can be allotted to
of the Communications Act of 1934, as                serve the petitioner, or its counsel or
amended, 47 U.S.C. 151, 154(i), 154(j),                                                                      Brighton in compliance with the
                                                     consultant, as follows: Dan J. Alpert,                  Commission’s minimum distance
201–205, and 303, Notice Is Hereby                   2120 N. 21st Road, Suite 400, Arlington,
Given of the rulemaking described and                                                                        separation requirements with a site
                                                     VA 22201 (Counsel to petitioner).                       restriction of 9.8 kilometers (6.1 miles)
that Comment Is Sought on those issues.
  The Commission’s Office of Public                  FOR FURTHER INFORMATION CONTACT:
                                                                                                             northwest, at coordinates 44–51–50 NL;
Affairs, Reference Operations Division,                                                                      71–57–26 WL, to avoid a short-spacing
                                                     Leslie K. Shapiro, Mass Media Bureau,
Shall Send a copy of this Notice of                                                                          to Station WPOR–FM, Channel 270B,
                                                     (202) 418–2180.
Proposed Rulemaking, including the                                                                           Portland, ME. Channel 270A at
Initial Regulatory Flexibility Analysis,             SUPPLEMENTARY INFORMATION: This is a                    Brighton, at the reference coordinates,
to the Chief Counsel for Advocacy of the             synopsis of the Commission’s Notice of                  will still result in short-spacings to
Small Business Administration, in                    Proposed Rule Making, MM Docket No.                     vacant Channel 270A, Victoriaville,
accordance with the Regulatory                       00–142, adopted August 2, 2000, and                     Quebec, and vacant Channel 270A at
Flexibility Act, 5 U.S.C. 605(b).                    released August 11, 2000. The full text                 Bedford, Quebec, Canada. Since
                                                     of this Commission decision is available                Brighton is located within 320
List of Subjects in 47 CFR Part 69                   for inspection and copying during                       kilometers (200 miles) of the U.S.-
  Communications common carriers,                    normal business hours in the FCC                        Canadian border, concurrence in the
Tariffs.                                             Reference Center, 445 12th Street, SW,                  allotment, as a specially negotiated
                                                     Washington, DC. The complete text of                    short-spaced allotment, must be
  Federal Communications Commission.
                                                     this decision may also be purchased                     received from the Canadian government.
William F. Caton,
                                                     from the Commission’s copy contractor,                  DATES: Comments must be filed on or
Deputy Secretary.
                                                     International Transcription Services,                   before September 25, 2000, and reply
[FR Doc. 00–21578 Filed 8–23–00; 8:45 am]
                                                     Inc., (202) 857–3800, 1231 20th Street,                 comments on or before October 10,
BILLING CODE 6712–01–P
                                                     NW, Washington, DC 20036.                               2000.
                                                        Provisions of the Regulatory                         ADDRESSES:  Federal Communications
FEDERAL COMMUNICATIONS                               Flexibility Act of 1980 do not apply to                 Commission, 445 12th Street, S.W.,
COMMISSION                                           this proceeding.                                        Room TW–A325, Washington, DC
                                                                                                             20554. In addition to filing comments
47 CFR Part 73                                          Members of the public should note                    with the FCC, interested parties should
                                                     that from the time a Notice of Proposed                 serve the petitioner, or its counsel or
[DA 00–1838, MM Docket No. 00–142, RM–               Rule Making is issued until the matter
9923]                                                                                                        consultant, as follows: Linda A.
                                                     is no longer subject to Commission                      Davidson, 2134 Oak Street, Unit C,
Radio Broadcasting Services;                         consideration or court review, all ex                   Santa Monica, CA 90405 (Petitioner).
Hawthorne, NV                                        parte contacts are prohibited in                        FOR FURTHER INFORMATION CONTACT:
                                                     Commission proceedings, such as this                    Leslie K. Shapiro, Mass Media Bureau,
AGENCY: Federal Communications                       one, which involve channel allotments.
Commission.                                                                                                  (202) 418–2180.
                                                     See 47 CFR 1.1204(b) for rules                          SUPPLEMENTARY INFORMATION: This is a
ACTION: Proposed rule.                               governing permissible ex parte contacts.                synopsis of the Commission’s Notice of
SUMMARY: The Commission requests                        For information regarding proper                     Proposed Rule Making, MM Docket No.
comments on a petition filed by                      filing procedures for comments, see 47                  00–134, adopted July 26, 2000, and
Campbell River Broadcasting, LLC,                    CFR 1.415 and 1.420.                                    released August 4, 2000. The full text of


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51576               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

this Commission decision is available                ADDRESSES:   Federal Communications                     SUMMARY: The Commission requests
for inspection and copying during                    Commission, 445 12th Street, S.W.,                      comments on a petition filed by Garry
normal business hours in the FCC                     Room TW–A325, Washington, DC                            Zack seeking the allotment of Channel
Reference Center, 445 12th Street, SW,               20554. In addition to filing comments                   242A to Ludington, MI, as the
Washington, DC. The complete text of                 with the FCC, interested parties should                 community’s third local aural and
this decision may also be purchased                  serve the petitioner, or its counsel or                 second local commercial FM service.
from the Commission’s copy contractor,               consultant, as follows: Robert L.                       Channel 242A can be allotted to
International Transcription Services,                Olender, Koerner & Olender, P.C., 5809                  Ludington in compliance with the
Inc., (202) 857–3800, 1231 20th Street,              Nicholson Lane, Suite 124, North                        Commission’s minimum distance
NW, Washington, DC 20036.                            Bethesda, MD 20852 (Counsel to                          separation requirements with a site
   Provisions of the Regulatory                      petitioner).                                            restriction of 5.5 kilometers (3.4 miles)
Flexibility Act of 1980 do not apply to                                                                      south, at coordinates 43–54–30 NL; 86–
                                                     FOR FURTHER INFORMATION CONTACT:
this proceeding.                                                                                             26–10 WL, to avoid a short-spacing to
                                                     Leslie K. Shapiro, Mass Media Bureau,
   Members of the public should note                                                                         Station WLXT, Channel 242C1, Petosky,
                                                     (202) 418–2180.                                         Michigan. Canadian concurrence in the
that from the time a Notice of Proposed
Rule Making is issued until the matter               SUPPLEMENTARY INFORMATION: This is a                    allotment must be obtained since
is no longer subject to Commission                   synopsis of the Commission’s Notice of                  Ludington is located within 320
consideration or court review, all ex                Proposed Rule Making, MM Docket No.                     kilometers (200 miles) of the U.S.-
parte contacts are prohibited in                     00–141, adopted August 2, 2000, and                     Canadian border.
Commission proceedings, such as this                 released August 11, 2000. The full text                 DATES: Comments must be filed on or
one, which involve channel allotments.               of this Commission decision is available                before October 2, 2000, and reply
See 47 CFR 1.1204(b) for rules                       for inspection and copying during                       comments on or before October 17,
governing permissible ex parte contacts.             normal business hours in the FCC                        2000.
   For information regarding proper                  Reference Center, 445 12th Street, SW,
                                                                                                             ADDRESSES: Federal Communications
filing procedures for comments, see 47               Washington, DC. The complete text of
                                                     this decision may also be purchased                     Commission, 445 12th Street, S.W.,
CFR 1.415 and 1.420.                                                                                         Room TW–A325, Washington, DC
                                                     from the Commission’s copy contractor,
  Federal Communications Commission.                 International Transcription Services,                   20554. In addition to filing comments
John A. Karousos,                                    Inc., (202) 857–3800, 1231 20th Street,                 with the FCC, interested parties should
Chief, Allocations Branch, Policy and Rules                                                                  serve the petitioner, or its counsel or
                                                     NW, Washington, DC 20036.
Division, Mass Media Bureau.                                                                                 consultant, as follows: Robert L.
                                                        Provisions of the Regulatory
[FR Doc. 00–21576 Filed 8–23–00; 8:45 am]                                                                    Olender, Koerner & Olender, P.C., 5809
                                                     Flexibility Act of 1980 do not apply to
                                                                                                             Nicholson Lane, Suite 124, North
BILLING CODE 6712–01–P                               this proceeding.
                                                                                                             Bethesda, MD 20852 (Counsel to
                                                        Members of the public should note
                                                                                                             petitioner).
                                                     that from the time a Notice of Proposed
FEDERAL COMMUNICATIONS                               Rule Making is issued until the matter                  FOR FURTHER INFORMATION CONTACT:
COMMISSION                                           is no longer subject to Commission                      Leslie K. Shapiro, Mass Media Bureau,
                                                     consideration or court review, all ex                   (202) 418–2180.
47 CFR Part 73                                       parte contacts are prohibited in                        SUPPLEMENTARY INFORMATION: This is a
[DA 00–1836, MM Docket No. 00–141, RM–               Commission proceedings, such as this                    synopsis of the Commission’s Notice of
9930]                                                one, which involve channel allotments.                  Proposed Rule Making, MM Docket No.
                                                     See 47 CFR 1.1204(b) for rules                          00–143, adopted August 2, 2000, and
Radio Broadcasting Services;                         governing permissible ex parte contacts.                released August 11, 2000. The full text
Pentwater, MI                                           For information regarding proper                     of this Commission decision is available
                                                     filing procedures for comments, see 47                  for inspection and copying during
AGENCY: Federal Communications
                                                     CFR 1.415 and 1.420.                                    normal business hours in the FCC
Commission.                                                                                                  Reference Center, 445 12th Street, SW,
ACTION: Proposed rule.                                 Federal Communications Commission.
                                                                                                             Washington, DC. The complete text of
                                                     John A. Karousos,                                       this decision may also be purchased
SUMMARY: The Commission requests                     Chief, Allocations Branch, Policy and Rules             from the Commission’s copy contractor,
comments on a petition filed by Garry                Division, Mass Media Bureau.                            International Transcription Services,
Zack seeking the allotment of Channel                [FR Doc. 00–21574 Filed 8–23–00; 8:45 am]               Inc., (202) 857–3800, 1231 20th Street,
280A to Pentwater, MI, as the                        BILLING CODE 6712–01–P                                  NW, Washington, DC 20036.
community’s third local FM service.                                                                             Provisions of the Regulatory
Channel 280A can be allotted to                                                                              Flexibility Act of 1980 do not apply to
Pentwater in compliance with the                     FEDERAL COMMUNICATIONS                                  this proceeding.
Commission’s minimum distance                        COMMISSION                                                 Members of the public should note
separation requirements without the                                                                          that from the time a Notice of Proposed
imposition of a site restriction, at                 47 CFR Part 73                                          Rule Making is issued until the matter
coordinates 43–46–30 NL; 86–26–24                                                                            is no longer subject to Commission
WL. Canadian concurrence in the                      [DA 00–1837, MM Docket No. 00–143, RM–                  consideration or court review, all ex
allotment must be obtained since                     9931]                                                   parte contacts are prohibited in
Pentwater is located within 320                                                                              Commission proceedings, such as this
kilometers (200 miles) of the U.S.-                  Radio Broadcasting Services;                            one, which involve channel allotments.
Canadian border.                                     Ludington, MI                                           See 47 CFR 1.1204(b) for rules
DATES: Comments must be filed on or                  AGENCY: Federal Communications                          governing permissible ex parte contacts.
before October 2, 2000, and reply                    Commission.                                                For information regarding proper
comments on or before October 17,                                                                            filing procedures for comments, see 47
                                                     ACTION: Proposed rule.
2000.                                                                                                        CFR 1.415 and 1.420.


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                    Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                   51577

  Federal Communications Commission.                 from the Commission’s copy contractor,                  eiders and Steller’s eiders, which
John A. Karousos,                                    International Transcription Services,                   previously closed on August 31, 2000,
Chief, Allocations Branch, Policy and Rules          Inc., (202) 857–3800, 1231 20th Street,                 now close on September 25, 2000.
Division, Mass Media Bureau.                         NW, Washington, DC 20036.                               Comments from all interested parties
[FR Doc. 00–21573 Filed 8–23–00; 8:45 am]               Provisions of the Regulatory                         must be received by the closing date.
BILLING CODE 6712–01–P                               Flexibility Act of 1980 do not apply to                 Any comments that are received after
                                                     this proceeding.                                        the closing date may not be considered
                                                        Members of the public should note                    in the final decision on these proposals.
FEDERAL COMMUNICATIONS                               that from the time a Notice of Proposed
                                                                                                             ADDRESSES:    Copies of the draft
COMMISSION                                           Rule Making is issued until the matter
                                                                                                             economic analyses are available on the
                                                     is no longer subject to Commission
                                                                                                             Internet at ‘‘www.r7.fws.gov/es/te.html’’
47 CFR Part 73                                       consideration or court review, all ex
                                                                                                             or by contacting the U.S. Fish and
[DA 00–1839, MM Docket No. 00–144, RM–               parte contacts are prohibited in
                                                                                                             Wildlife Service at the appropriate field
9925]                                                Commission proceedings, such as this
                                                                                                             office listed below. Submit written data
                                                     one, which involve channel allotments.
                                                                                                             or comments on the spectacled eider to
Radio Broadcasting Services;                         See 47 CFR 1.1204(b) for rules
                                                                                                             the Field Supervisor, Ecological
Groveton, NH                                         governing permissible ex parte contacts.
                                                                                                             Services Field Office, Anchorage, U.S.
                                                        For information regarding proper
AGENCY: Federal Communications                                                                               Fish and Wildlife Service, 605 W. 4th
                                                     filing procedures for comments, see 47
Commission.                                                                                                  Ave. Rm G–62, Anchorage, AK 99501;
                                                     CFR 1.415 and 1.420.
ACTION: Proposed rule.                                                                                       fax: 907/271–2786. Submit written data
                                                     Federal Communications Commission.                      or comments on the Steller’s eider to
SUMMARY:   The Commission requests                   John A. Karousos,                                       Ted Swem, Northern Alaska Ecological
comments on a petition filed by Linda                Chief, Allocations Branch, Policy and Rules             Services, 101 12th Ave., Rm 110,
Davidson seeking the allotment of                    Division, Mass Media Bureau.                            Fairbanks, AK 99701; fax 907/456–0208.
Channel 268A to Groveton, NH, as the                 [FR Doc. 00–21572 Filed 8–23–00; 8:45 am]               FOR FURTHER INFORMATION CONTACT:     For
community’s second local FM service.                 BILLING CODE 6712–01–P                                  the proposed rule and economic
Channel 268A can be allotted to                                                                              analysis concerning spectacled eiders,
Groveton in compliance with the                                                                              contact Ann G. Rappoport, Field
Commission’s minimum distance                        DEPARTMENT OF THE INTERIOR                              Supervisor, Ecological Services Field
separation requirements with a site                                                                          Office, Anchorage at the above address,
restriction of 7.2 kilometers (4.4 miles)            Fish and Wildlife Service                               phone: 907/271–2787 or toll-free 800/
northeast, at coordinates 44–37–43 NL;                                                                       272–4174; fax: 907/271–2786. For the
71–25–55 WL, to avoid a short-spacing                50 CFR Part 17                                          proposed rule and economic analysis
to Station WYKR–FM, Channel 267A,                                                                            concerning Steller’s eiders, contact Ted
                                                     RIN 1018–AF92; RIN 1018–AF95
Haverhill, NH, and Station WBHG,                                                                             Swem, Endangered Species Branch, at
Channel 268A, Meredith, NH. Canadian                 Endangered and Threatened Wildlife                      Northern Alaska Ecological Services at
concurrence in the allotment must be                 and Plants; Extension of Comment                        the above address, phone: 907/456–
obtained since Groveton is located                   Periods and Notice of Availability of                   0441; fax: 907/456–0208.
within 320 kilometers (200 miles) of the             Draft Economic Analyses on Proposed
U.S.-Canadian border.                                                                                        SUPPLEMENTARY INFORMATION:
                                                     Critical Habitat Determinations for the
DATES: Comments must be filed on or                  Spectacled Eider and Steller’s Eider                    Background
before October 2, 2000, and reply
comments on or before October 17,                    AGENCY: Fish and Wildlife Service,                        The spectacled eider is a large
2000.                                                Interior.                                               seaduck found in marine waters and
                                                     ACTION: Proposed rule; notice of                        coastal areas from the Nushagak
ADDRESSES:   Federal Communications                  extension of comment period and notice                  Peninsula of southwestern Alaska north
Commission, 445 12th Street, SW.,                    of availability of draft economic                       to Barrow and east nearly to the
Room TW–A325, Washington, DC                         analyses.                                               Canadian Border. The species is
20554. In addition to filing comments                                                                        threatened by habitat degradation, lead
with the FCC, interested parties should              SUMMARY: We, the U.S. Fish and                          poisoning, increased predation rates,
serve the petitioner, or its counsel or              Wildlife Service, announce the                          and hunting and other human
consultant, as follows: Linda A.                     availability of draft economic analyses                 disturbance. The Steller’s eider is a
Davidson, 2134 Oak St., Unit C, Santa                of the proposed designation of critical                 seaduck found in coastal and marine
Monica, CA 90405 (Petitioner).                       habitat for the spectacled eider                        waters from the eastern Aleutian Islands
FOR FURTHER INFORMATION CONTACT:                     (Somateria fischeri) and the Alaska-                    around the western and northern coasts
Leslie K. Shapiro, Mass Media Bureau,                breeding population of the Steller’s                    of Alaska to the Canada border. The
(202) 418–2180.                                      eider (Polysticta stelleri). We also                    Alaska-breeding population of this
SUPPLEMENTARY INFORMATION: This is a                 provide notice that we are extending the                species is thought to have decreased
synopsis of the Commission’s Notice of               comment periods on the proposals to                     significantly, but the causes of the
Proposed Rule Making, MM Docket No.                  allow all interested parties to submit                  suspected decline are unknown. On
00–144, adopted August 2, 2000, and                  written comments on the proposals and                   February 8, 2000, the Service published
released August 11, 2000. The full text              on the draft economic analyses.                         a proposed rule (65 FR 6114) to
of this Commission decision is available             Comments previously submitted need                      designate critical habitat for the
for inspection and copying during                    not be resubmitted as they will be                      spectacled eider, and on March 13,
normal business hours in the FCC                     incorporated into the public records and                2000, the Service published a proposed
Reference Center, 445 12th Street, SW,               will be fully considered in the final rule.             rule (65 FR 13262) to designate critical
Washington, DC. The complete text of                 DATES: The comment periods for the                      habitat for the Alaska-breeding
this decision may also be purchased                  proposed rules concerning spectacled                    population of the Steller’s eider.


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51578             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

   Section 4(b)(2) of the Act requires that           Our practice is to make comments,                     DEPARTMENT OF THE INTERIOR
we designate or revise critical habitat             including names and home addresses of
based upon the best scientific data                 respondents, available for public review                Fish and Wildlife Service
available and after taking into                     during regular business hours.
consideration the economic impact of                Individual respondents may request that                 50 CFR Part 17
specifying any particular area as critical          we withhold their home address from
habitat. We may exclude an area from                                                                        Endangered and Threatened Wildlife
                                                    the rulemaking record, which we will                    and Plants; 90-day Finding and
critical habitat if we determine that the           honor to the extent allowable by law. In
benefits of excluding the area outweigh                                                                     Commencement of Status Review for a
                                                    certain circumstances, we would                         Petition To List the Western Sage
the benefits of including the area as               withhold from the rulemaking record a
critical habitat, provided such exclusion                                                                   Grouse in Washington as Threatened
                                                    respondent’s identity, as allowable by                  or Endangered
will not result in the extinction of the            law. If you wish for us to withhold your
species. Based upon the previously                                                                          AGENCY: Fish and Wildlife Service,
                                                    name and/or address, you must state
published proposals to designate critical                                                                   Interior.
                                                    this request prominently at the
habitat for the spectacled eider and                                                                        ACTION: Notice of petition finding and
Steller’s eider and comments previously             beginning of your comment. However,
                                                    we will not consider anonymous                          initiation of status review.
received during the comment periods,
we have conducted a draft economic                  comments. We will make all                              SUMMARY: We, the U.S. Fish and
analysis of the proposed critical habitat           submissions from organizations or                       Wildlife Service (Service) announce a
designations.                                       businesses, and from individuals                        90-day finding on a petition to list the
   The comment period for the proposed              identifying themselves as                               western sage grouse (Centrocercus
rule designating critical habitat for               representatives or officials of                         urophasianus phaios) in Washington as
spectacled eiders originally closed on              organizations or businesses, available                  an endangered or threatened species
May 8, 2000. The comment period for                 for public inspection in their entirety.                pursuant to the Endangered Species Act
the proposed rule designating critical                The deadline for requesting public                    of 1973, as amended. We find that the
habitat for Steller’s eiders originally                                                                     petition presents substantial scientific
                                                    hearings on the proposed rule regarding
closed on May 12, 2000. We                                                                                  or commercial information indicating
                                                    critical habitat for the spectacled eider
subsequently extended the comment                                                                           that listing western sage grouse in
                                                    was March 24, 2000. The deadline for                    Washington, as a distinct population
periods for both species to June 30,                requesting public hearings for the
2000, in response to concerns expressed                                                                     segment, may be warranted. We are
                                                    proposed rule regarding critical habitat                initiating a status review to determine if
by several parties that the original                for Steller’s eider was April 27, 2000.
comment periods did not allow                                                                               listing this population segment is
                                                    We have not extended these deadlines.                   warranted.
adequate time for review and comment                In order to be considered valid, requests
by affected individuals and                                                                                 DATES: The finding announced in this
                                                    for public hearings must have been
communities. Additionally, we                                                                               document was made August 18, 2000.
                                                    submitted in writing and received at the                To be considered in the 12-month
anticipated that the comment periods
                                                    appropriate office by the relevant                      finding for this petition, information
for the economic analyses associated
with the proposed critical habitat                  deadline.                                               and comments should be submitted to
designations would be open during June              Author                                                  us by October 23, 2000.
2000, and we wished to solicit                                                                              ADDRESSES: Information, comments, or
comments on the proposed rules and                    The primary author of this notice is                  questions concerning this petition
their respective economic analyses                  Susan Detwiler, U.S. Fish and Wildlife                  should be submitted to the Supervisor,
simultaneously. The development of the              Service, Division of Endangered                         Upper Columbia River Basin Field
economic analyses for the proposed                  Species, 1011 E. Tudor Rd., Anchorage,                  Office, U.S. Fish and Wildlife Service,
critical habitat designations was                   AK 99503.                                               11103 E. Montgomery Drive, Spokane,
unexpectedly delayed, and we                                                                                Washington 99206. The petition finding,
subsequently extended the comment                   Authority                                               supporting data, and comments are
periods through August 31, 2000, with                 The authority for this action is the                  available for public inspection, by
the expectation that the economic                   Endangered Species Act of 1973 (16                      appointment, during normal business
analyses would be available by August               U.S.C. 1531 et seq.).                                   hours at the above address.
1, 2000.                                                                                                    FOR FURTHER INFORMATION CONTACT:
   We solicit comments on the draft                   Dated: August 16, 2000.                               Chris Warren (See ADDRESSES section)
economic analysis as described in this              Gary Edwards,                                           or telephone (509) 893–8020.
notice, as well as any other aspect of the          Acting Regional Director, Region 7, Fish and            SUPPLEMENTARY INFORMATION:
proposed designation of critical habitat            Wildlife Service.
for the spectacled eider and Steller’s              [FR Doc. 00–21589 Filed 8–23–00; 8:45 am]
                                                                                                            Background
eider. Our final determination on the               BILLING CODE 4310–55–P                                     Section 4(b)(3)(A) of the Endangered
proposed critical habitat will take into                                                                    Species Act of 1973 (Act), as amended
consideration comments and any                                                                              (16 U.S.C. 1531 et seq.), requires that we
additional information received by the                                                                      make a finding on whether a petition to
date specified above. All previous                                                                          list, delist, or reclassify a species, or to
comments and information submitted                                                                          revise a critical habitat designation,
during the comment period need not be                                                                       presents substantial scientific or
resubmitted. The comment period is                                                                          commercial information to demonstrate
extended to September 25, 2000.                                                                             that the petitioned action may be
Written comments may be submitted to                                                                        warranted. To the maximum extent
the appropriate Service office as                                                                           practicable, this finding is to be made
specified in the ADDRESSES section.                                                                         within 90 days of receipt of the petition,


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51579

and the finding is to be published                     The information regarding the                        upon snow accumulations and
promptly in the Federal Register. If we             description and natural history of sage                 elevational gradients, and sage grouse
find that substantial information was               grouse, below, has been condensed from                  likely choose winter habitats based
presented, we are required to promptly              the following sources: Aldrich 1963,                    upon forage availability.
commence a review of the status of the              Johnsgard 1973, Connelly et al. 1988,                      During the spring breeding season,
species involved, if one has not already            Fischer et al. 1993, Drut 1994,                         male sage grouse gather together and
been initiated under our internal                   Washington Department of Fish and                       perform courtship displays on areas
candidate assessment process.                       Wildlife (WDFW) 1995, Washington                        called leks, primarily during the
   The processing of this petition                  Sage and Columbian Sage Grouse                          morning hours just after dawn. Leks
conforms with our Listing Priority                  Workshop (WSCSGW) 1996 and 1998,                        consist of patches of bare soil, short
Guidance published in the Federal                   and Schroeder et al. 1999a.                             grass steppe, windswept ridges, exposed
Register on October 22, 1999 (64 FR                    Sage grouse, also known as sage fowl,                knolls, or other relatively open sites,
57114). The guidance clarifies the order            spine-tailed grouse, fool hen, cock-of-                 and they are often surrounded by more
in which we will process rulemakings.               the-plains, and sage chicken, are                       dense shrub steppe cover, which is used
The highest priority is processing                  gallinaceous (chicken-like, ground-                     for roosting or predator evasion during
emergency listing rules for any species             nesting) birds, and are the largest North               the breeding season. Leks range in size
determined to face a significant and                American grouse species. Adult males                    from less than 0.4 hectare (ha) (1 acre
imminent risk to its well-being. Second             range in size from 66 to 76 centimeters                 (ac)) to over 40 ha (100 ac), contain
priority is processing final                        (cm) (26 to 30 inches (in)) and weigh                   several to hundreds of males, and are
determinations on proposed additions                between 2 and 3 kilograms (kg) (4 and                   usually situated in areas of high female
to the lists of endangered and                      7 pounds (lb)); adult females range in                  use. Leks used over many consecutive
threatened wildlife and plants. Third               size from 48 to 58 cm (19 to 23 in) and                 years (historic leks) are typically larger
priority is processing new proposals to             weigh between 1 and 2 kg (2 and 4 lb).                  than, and often surrounded by, smaller
add species to the lists. The processing            Males and females have dark grayish-                    and less stable satellite leks. Males
of administrative petition findings                 brown body plumage with many small                      defend individual territories within leks
(petitions filed under section 4 of the             gray and white speckles, fleshy yellow                  and perform elaborate displays with
Act) is the fourth priority. The                    combs over the eyes, long pointed tails,                their specialized plumage and
processing of this 90-day petition                  and dark-green toes. Males also have                    vocalizations to attract females for
finding is a fourth priority, and is being          blackish chin and throat feathers,                      mating. Relatively few, dominant males
completed in accordance with the                    conspicuous phylloplumes (specialized                   account for the majority of breeding on
current Listing Priority Guidance.                  erectile feathers) at the back of the head              a given lek.
                                                    and neck, and white feathers around the                    After mating, females may move a
   We have made a 90-day finding on a                                                                       maximum distance of 36 km (22 mi)
                                                    neck and upper belly forming a ruff.
petition to list the western sage grouse                                                                    depending on the availability of suitable
                                                    During breeding displays, males also
(Centrocercus urophasianus phaios) in               exhibit olive-green apteria (fleshy bare                nesting habitat, and typically select nest
Washington. The petition, dated May                 patches of skin) on their breasts.                      sites under sagebrush cover. Nests are
14, 1999, was submitted by the                         Sage grouse depend on a variety of                   relatively simple and consist of scrapes
Northwest Ecosystem Alliance and the                shrub steppe habitats throughout their                  on the ground, which are sometimes
Biodiversity Legal Foundation, and was              life cycle, and are particularly tied to                lined with feathers and vegetation.
received by us on May 28, 1999. The                 several species of sagebrush (Artemesia                 Clutch sizes range from 6 to 13 eggs, and
petition requested the listing of western           spp). Adult sage grouse rely on                         nest success ranges from 10 to 63
sage grouse in Washington as threatened             sagebrush throughout much of the year                   percent. Chicks begin to fly at 2 to 3
or endangered. The letter clearly                   to provide roosting cover and food, and                 weeks of age, and broods remain
identified itself as a petition and                 depend almost exclusively on sagebrush                  together for up to 12 weeks. Most
contained the names, signatures, and                for food during the winter. If shrub                    juvenile mortality occurs during nesting
addresses of the petitioners.                       cover is not available, they will roost in              and the chicks’ flightless stage, and is
Accompanying the petition was                       snow burrows. While average dispersal                   due primarily to predation or severe
supporting information relating to the              movements are generally less than 35                    weather conditions. Shrub canopy and
taxonomy, ecology, and past and                     kilometers (km) (21 miles (mi)), sage                   grass cover provide concealment for
present distribution of the species, as             grouse may disperse up to 160 km (100                   sage grouse nests and young, and may
well as the threats faced by the western            mi) between seasonal use areas. Sage                    be critical for reproductive success.
sage grouse in Washington.                          grouse also exhibit strong site fidelity                   Sage grouse typically live between 1
   The petitioners requested listing for            (loyalty to a particular area), and are                 and 4 years and have an annual
the Washington population of western                capable of dispersing over areas of                     mortality rate of roughly 50 to 55
sage grouse and not the species                     unsuitable habitat.                                     percent, with females generally having a
rangewide. We consider this request                    A wide variety of forb (any herb plant               higher survival rate than males. Up to
appropriate because, although we do not             that is not a grass) species are used as                50 percent of all sage grouse mortality
base listing decisions on political                 forage by adult sage grouse from spring                 is caused by predation, from both avian
subdivisions except international                   to early fall, and hens require an                      (e.g., hawks, eagles, and ravens) and
boundaries, we can consider a                       abundance of forbs for pre-laying and                   ground (e.g., coyotes, badgers, and
population of a vertebrate species or               nesting periods. An assortment of forb                  ground squirrels) predators.
subspecies as a listable entity under the           and insect species form important                          Prior to European expansion into
Act if the population is recognized as a            nutritional components for chicks                       western North America, sage grouse
distinct population segment (DPS) (61               during the early stages of development.                 (Centrocercus urophasianus) were
FR 4722). We can also expand the scope              Sage grouse typically seek out more                     believed to occur in 16 States and 3
of our review of petitions to the species           mesic (moist) habitats that provide                     Canadian provinces (Schroeder et al.
rangewide, should expansion be                      greater amounts of succulent forbs and                  1999a), although their historic status in
appropriate based on our knowledge of               insects during the summer and early                     Kansas and Arizona is unclear
the available information.                          fall. Winter habitat use varies based                   (Colorado Sage Grouse Working Group


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51580             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

(CSGWG) 1997). Currently, sage grouse               from historic population levels, and                    province calculated by males on leks in
occur in 11 States and 2 Canadian                   much of the overall decline occurred                    the spring (Table 1). In order to estimate
provinces: ranging from extreme                     from the late 1800s to the mid 1900s                    the total current range-wide abundance
southeastern Alberta and southwestern               (Hornaday 1916, Crawford and Lutz                       of sage grouse, the following estimates
Saskatchewan, south to western                      1985, Drut 1994, WDFW 1995, Coggins                     of maximum abundance for the four
Colorado, and west to eastern California,           and Crawford 1996, Braun 1998,                          States containing over 20,000 sage
Oregon, and Washington. In addition to              Schroeder et al. 1999a).                                grouse were made from the available
these States, sage grouse occur in                     A number of studies since the mid-                   information. For Oregon, the high
southern Idaho, northern Nevada,                    1900s provide sage grouse density                       population estimate of approximately
western and northern Utah, Wyoming,                 estimates for a range of habitats                       66,000 for 1993 was used (after Willis et
southern and eastern Montana, and                   considered of low to high quality
                                                                                                            al. 1993). For the remaining three States,
extreme western North and South                     (Johnsgard 1973, Drut et al. 1994a,
                                                                                                            it was assumed that the most recent
Dakota. Sage grouse have been                       WDFW 1995). Assuming 1 grouse per
                                                    square kilometer (km2) (0.4 square mi                   available harvest estimates (Idaho 1996,
extirpated from Nebraska, Kansas,                                                                           Wyoming 1998, Montana 1998)
Oklahoma, New Mexico, and Arizona,                  (mi2) as an approximate lower limit, 10
                                                    grouse per km2 (0.4 mi2) as an                          accounted for roughly 10 percent (after
and from British Columbia, Canada                                                                           Zablan 1993) of the total State
                                                    approximate upper limit (Michael
(Braun 1998). Range wide, sage grouse                                                                       population. These assumptions result in
                                                    Schroeder, WDFW, pers. comm. 1999),
distributions have declined in a number                                                                     upper limit estimates of 189,000,
                                                    and the most recent estimate of historic
of areas, most notably along the                                                                            151,000, and 72,000 sage grouse in the
                                                    sage grouse distribution, roughly
periphery of their historic range.                                                                          spring breeding population (i.e., post-
                                                    between 1.6 million and 16 million sage
   Little substantiated information is              grouse would have occurred rangewide                    harvest) in Idaho, Wyoming, and
available regarding the historic                    prior to European expansion across                      Montana, respectively. Considering
abundance of sage grouse throughout                 western North America.                                  Table 1 and the above information,
their range. However, within the                       Braun (1998) provides a range of                     currently there are approximately
literature, the general consensus is that           values for current breeding sage grouse                 100,000–500,000 sage grouse range
considerable declines have occurred                 abundance by State and Canadian                         wide.

    TABLE 1. CURRENT ESTIMATED SAGE GROUSE ABUNDANCE (INDIVIDUALS IN THE 1998 BREEDING POPULATION) IN
                           VARIOUS AREAS OF NORTH AMERICA (AFTER BRAUN 1998).
          500±                           < 2,000                          < 10,000                          <20,000                         >20,000

Alberta                       North Dakota                      California                       Colorado                        Idaho
Saskatchewan                  South Dakota                                                       Nevada                          Oregon
                              Washington                                                         Utah                            Montana
                                                                                                                                 Wyoming



  Based on the best available                       eastern/western taxonomic split (circa                  Oregon border (Yocom 1956). Historic
information, the most conservative                  1940s) was based on plumage coloration                  references indicate there were large
estimate indicates that there has been              and relatively few specimens                            numbers of sage grouse in Washington
roughly a 69 percent reduction from                 representing the western birds,                         (Sveum 1995, WDFW 1995), and annual
historic range-wide sage grouse                     including seven from Oregon, three                      State harvests averaged roughly 1,800
abundance. Given a worst-case scenario,             from Washington, and one from                           birds from 1951 to 1973. Harvest rates
sage grouse abundance has declined                  California (Aldrich 1946). With regard                  declined from 900 in 1974 to 18 in 1987,
more than 99 percent from historic                  to current taxonomic standards and                      and Washington closed the sage grouse
levels. The true decline in sage grouse             information generated over the last few                 hunting season in 1988 (WDFW 1995).
abundance likely falls between these                decades, these subspecies designations                  Western sage grouse have been
upper and lower limits.                             may be inappropriate (Johnsgard 1983,                   extirpated from seven counties in
  The historic distribution of western              Schroeder et al. 1999a). Considering                    Washington and currently occupy
sage grouse (Centrocercus urophasianus              recent work on other populations of                     approximately 10 percent of their
phaios) extended from extreme south-                sage grouse (i.e., in southwestern                      historic range in the State.
central British Columbia southward                  Colorado and southeastern Utah) and
through eastern Washington and                      the uncertainties surrounding the                          Two populations of western sage
Oregon, except in extreme southeastern              subspecific designations, the taxon is                  grouse remain in Washington, roughly
Oregon near the Idaho/Nevada borders.               likely to undergo formal reevaluation                   totaling 1,000 birds (WSGWG 1998).
Sage grouse inhabiting California and               and ordering in the near future. This                   One occurs primarily on private and
extreme western Nevada are thought to               reevaluation is likely to split the taxon               State-owned lands in Douglas County
represent an intermediate form between              into two separate species, discontinuing                (approximately 650 birds); the other
the western and eastern (C.u.                       recognition of the eastern and western                  occurs at the Yakima Training Center
urophasianus) subspecies (Aldrich                   subspecies and recognizing only the                     (YTC), administered by the Army, in
1963). Currently, western sage grouse               northern sage grouse and Gunnison sage                  Kittitas and Yakima Counties
occur in southeastern Oregon and                    grouse in Colorado and Utah (WSSGTC                     (approximately 350 birds). These two
central Washington (Johnsgard 1973,                 1999).                                                  populations are isolated from the
Drut 1994, WDFW 1995).                                 Historically, western sage grouse in                 Oregon population (WDFW 1995,
  Currently, two subspecies of sage                 Washington ranged from Oroville in the                  Livingston 1998) and nearly isolated
grouse are recognized by the American               north, west to the Cascade foothills, east              from one another (Schroeder, pers.
Ornithologists’ Union (AOU 1957). The               to the Spokane River, and south to the                  comm. 1999).


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51581

   Except for Wallowa County, western               its listing status under the Act are                    (3) evidence that the discrete population
sage grouse were distributed throughout             determined during status reviews,                       segment represents the only surviving
central and eastern Oregon in                       which are initiated after 90-day petition               natural occurrence of a taxon that may
sagebrush-dominated areas until the                 findings that find there is substantial                 be more abundant elsewhere as an
early 1900s (Gabrielson and Jewett                  information to indicate that a listing                  introduced population outside its
1940). Presently, Malheur, Harney, and              may be warranted.                                       historic range; and (4) evidence that the
Lake Counties harbor the bulk of                       Two criteria are used to determine if                discrete population segment differs
western sage grouse in Oregon (roughly              a population segment may be                             markedly from other population
24,000 to 58,000 birds), with the                   considered discrete from the remainder                  segments in its genetic characteristics.
remaining portion (roughly 3,000 to                 of the taxon. The first is isolation from               Those factors that may have bearing on
8,000 birds) split among Baker, Crook,              other populations as a consequence of                   the sage grouse that occur in
Deschutes, Grant, Klamath, Union, and               physical, physiological, ecological, or                 Washington are addressed separately
Wheeler Counties (after Willis et al.               behavioral factors. The second is if the                below.
1993). Sage grouse in extreme southern              population segment can be delimited by                     Sage grouse in Douglas County, in
Malheur and Harney Counties fall                    international governmental boundaries                   north-central Washington, appear to
within the recognized range of the                  within which differences in control of                  display a greater reproductive effort
eastern subspecies (Drut 1994).                     exploitation, management of habitat,                    compared with other populations
   Estimates of the historic abundance of           conservation status, or regulatory                      throughout the species’ range
western sage grouse range from roughly              mechanisms exist that are significant in                (Schroeder 1997). This increased effort
200,000 to 2,000,000 birds. Further, it is          light of section 4(a)(1)(D) of the Act. As              includes more eggs laid per nest and
estimated that the northwestern                     western sage grouse have been                           higher rates of nesting and renesting
extension of sage grouse range (i.e.,               extirpated from British Columbia,                       attempts. Such differences in behavioral
central Oregon northward), which                    Canada, the international boundary                      and reproduction ecology suggest that
includes nearly all of the Columbia                 criterion is not addressed for the                      this area represents an unusual and
Plateau biogeographic zone (after                   purposes of this 90-day petition finding.               unique ecological setting compared to
Wisdom et al. 1998), historically                      Until recently, the two populations of               the rest of the species’ range. However,
harbored roughly 100,000 to 1,000,000               sage grouse that remain in Washington                   it is difficult to distinguish whether
birds. The historic population in                   were considered relatively continuous,                  these results represent a regional
Washington is estimated to have been                and may now represent isolated                          difference within the species, or if they
between 60,000 and 600,000. Using                   components of a single metapopulation                   may be related to the habitat quality or
best- and worst-case scenarios, western             (WDFW 1995, Schroeder et al. 1999b).                    type available, variable environmental
sage grouse abundance has declined                  Sporadic sightings outside current                      conditions, anthropogenic influences
between 67 and 97 percent from historic             concentrations indicate some minimal                    unique to the area (e.g., reduced and
levels. Estimates of the decline from               interaction and, possibly, genetic                      fragmented habitats, disturbance), or
historic abundance for the northwestern             interchange between them (WDFW                          even study design. Identifying the
extension of the species’ range as a                1995; Schroeder; pers. comm. August                     cause(s) of a true increased reproductive
whole, and for sage grouse in                       18, 1999; Pounds, pers. comm.                           effort may hold important implications
Washington in particular, are equal to or           September 2, 1999). However, a number                   for the region’s sage grouse, and
exceed 97 percent.                                  of telemetry studies have not                           conservation of the species in general.
   While the petitioners requested that             documented their intermixing                               A number of studies address the
we list the western sage grouse under               (Schroeder; pers. comm. 1999; Pounds,                   potential influences of biogeography on
the Act as a threatened or endangered               pers. comm. 1999), and it is likely that                a species. The following provides
species in the State of Washington, we              they are effectively isolated due to a                  preliminary support to the claim that
do not base listing decisions on political          variety of human influences.                            loss of the potential DPS would result
subdivisions, except international                     The next closest sage grouse                         in a significant gap in the range of the
boundaries. However, as discussed                   population is located over 240 km (150                  taxon.
earlier, we have developed policy that              mi) to the south, in central Oregon. With                  The extent to which biogeographic
provides for the recognition of distinct            regard to sage grouse life history (e.g.,               zones have acted to differentiate
population segments (DPSs) of                       seasonal movements, dispersal                           regional sage grouse populations is
vertebrate species and subspecies for               behavior) and recent census                             currently unclear. However, the
consideration under the Act (61 FR                  information, the Washington birds may                   different habitat use patterns exhibited
4722).                                              be considered fully discrete from the                   by sage grouse may have significant
   Under our DPS policy, two elements               Oregon populations (WDFW 1995;                          consequences for the fitness of
are used to assess whether a population             Schroeder, pers. comm. 1999; Pounds,                    populations occupying different zones,
under consideration for listing may be              pers. comm. 1999).                                      and for future management decisions
recognized as a DPS. These elements                    Based on this information, we find                   addressing the species’ conservation.
are: (1) A population segment’s                     that the population of sage grouse that                 These consequences may include
discreteness from the remainder of the              occurs in Washington may be discrete                    differing diet and nutritional
taxon, and (2) the population segment’s             from the remainder of the taxon.                        preferences (Johnson and Boyce 1990,
significance to the taxon to which it                  The DPS policy describes a number of                 Welch et al. 1991, Drut et al. 1994b,
belongs. If we determine that a                     factors, singly or in combination, that                 Barnett and Crawford 1994), responses
population being considered for listing             may demonstrate the significance of a                   to fire or predation (DeLong et al. 1995,
may represent a DPS, then the level of              discrete population segment to its taxon,               Fischer et al. 1996, Pyle and Crawford
threat to the population is evaluated               including: (1) Persistence of the discrete              1996), and seasonal movement patterns
based on the five listing factors                   population segment in an ecological                     (Connelly et al. 1988, Schroeder et al.
established by the Act to determine if              setting unusual or unique for the taxon;                1999a).
listing as either threatened or                     (2) evidence that loss of the discrete                     The significance test under the DPS
endangered may be warranted. Formal                 population segment would result in a                    policy can also be met if there is
recognition of a DPS and evaluation of              significant gap in the range of the taxon;              evidence that the population segment


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51582             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

differs markedly from other populations             additional information that would be                    success of sage grouse populations
in its genetic characteristics. Relatively          accumulated during a status review,                     during the spring nesting and brood
little genetic work has been conducted              would allow for a comprehensive                         rearing periods (Crawford 1997,
on sage grouse in Washington, although              examination of this population’s                        Connelly and Braun 1997, Schroeder et
studies to investigate the species’ range-          significance to the remainder of the                    al. 1999a).
wide genetic profile are underway or                taxon.                                                     The latest available estimate (1993) of
proposed (Quinn 1996; Quinn et al.                     As such, the conservation status for                 the number of cattle supported in
1997; Benedict and Quinn 1998; Sara                 this potential DPS in relation to the                   Douglas County, which also supports
Oyler-McCance, University of Denver,                Act’s standards for listing are addressed,              the north-central population of sage
pers. comm. 1999). To date, range-wide              below.                                                  grouse in Washington, is about 20,000
investigations include samples from                    A number of influences have been                     (WDFW 1995). Whether level of
Colorado, Utah, Nevada, California,                 implicated in sage grouse population                    livestock use in the county may have
Oregon, and Washington. Currently, no               declines throughout the species’ range                  negative effects on sage grouse or their
clear genetic distinction occurs between            (Crawford and Lutz 1985, Blus et al.                    habitats is not clear. Prior to 1992,
the recognized eastern and western                  1989, Braun et al. 1994, Drut 1994,                     livestock grazing pressure was intense
subspecies, or between the only sage                WDFW 1995, Fischer et al. 1996,                         throughout the area of Kittitas and
grouse so far analyzed in Washington                Connelly and Braun 1997, Schroeder et                   Yakima Counties that now comprises
(south-central population) and the other            al. 1999a). Of primary concern is the                   the YTC, which supports the south-
sampling locales. However, these results            variety of impacts to shrub steppe                      central population of sage grouse in
are preliminary, and to what extent the             habitats, which include conversion for                  Washington. In 1992, grazing intensity
forces of isolation, adaptive change,               agricultural, urban, and mineral                        was reduced at the YTC within the sage
genetic drift, and/or inbreeding may                resources development, construction of                  grouse protection areas identified by the
have influenced the genetic profiles of             utility and transportation corridors, and               Army. In 1995, cattle grazing was
sage grouse throughout the                          habitat degradation through overgrazing,                eliminated throughout the installation
northwestern United States is unclear               brush control (e.g., prescribed burning,                (Livingston 1998). Twice annually
(Oyler-McCance, pers. comm. 1999;                   herbicide spraying, and chaining),                      during spring and fall, flocks of sheep
Nicolas Benedict, University of Denver,             altered fire frequencies, and exotic                    are trailed through the YTC over a
pers. comm. 1999).                                  species invasions. Other potential                      period of several weeks (Pounds, pers.
   In summary, the sage grouse                      influences that may be associated with                  comm. 1999). To what degree current
population in Washington may                        local population declines include                       livestock use levels may be impacting
represent the only occurrence of the                predation, excessive hunting, disease                   sage grouse or their habitat at the YTC
species within the northwestern                     and parasitism, chemical applications                   is unknown. However, impacts from
extension of its historic range (and the            for pest control, weather cycles, and                   past livestock grazing are still evident
Columbia Plateau biogeographic zone).               recreational activities. As a result of                 throughout the installation (Livingston
This area represents approximately one              these combined influences, sage grouse                  1998).
half of the historic range of the western           distribution and abundance have                            During the first half of the 1900s, large
subspecies. We currently recognize the              continued to decline over the past                      portions of the shrub steppe ecosystem
western subspecies; however, this                   decade, and a number of populations                     in Washington were converted for
designation is undergoing expert review             may now be at risk throughout the                       dryland crop production (Daubenmire
and may be discontinued in the near                 species’ range (in WSCSGW 1996 and                      1988, WDFW 1995). During the mid-
future. The available information                   1998). Currently, sage grouse                           1900s, a number of hydro-electric dams
indicates that it may be more                       populations may be considered secure                    were developed on the Columbia and
appropriate to consider the significance            in five States, including Montana,                      Snake Rivers in Washington. The
of the sage grouse population in                    Wyoming, Idaho, Nevada, and Oregon                      reservoirs formed by these projects
Washington with regard to the entire                (Connelly and Braun 1997).                              impacted native shrub steppe habitat
range of the species. Information                      From 1986 to 1993, roughly 500,000                   adjacent to the rivers and precipitated
concerning sage grouse life-history                 cattle were grazed in the 9 central                     further conversion of large expanses of
attributes indicates that the sage grouse           Washington counties that historically                   upland shrub steppe habitat in central
in Washington may represent                         harbored sage grouse (WDFW 1995).                       Washington for irrigated agriculture
persistence of the species in an                    Current estimates of other livestock                    (WDFW 1995). Dobler (1994) estimated
ecological setting unusual or unique for            abundance in central Washington and                     that approximately 60 percent of the
the taxon. The biogeographical                      northern Oregon are not available.                      original shrub steppe habitat in
information indicates that the loss of              Excessive grazing pressure can have                     Washington had been converted for
this discrete population segment may                significant impacts on the shrub steppe                 other, primarily agricultural, uses.
result in a significant gap in the range            ecosystems found throughout the                         While at much-reduced levels, shrub
of the taxon. Finally, not enough                   historic range of sage grouse (Fleischner               steppe habitat continues to be converted
information currently exists for us to              1994), and these impacts may be                         for both dryland and irrigated crop
determine if sage grouse within the                 exacerbated in portions of the Columbia                 production. In addition, the U.S. Bureau
northwestern extension of the species’              River Basin that support the                            of Reclamation retains options for
historic distribution may exhibit a                 northwestern extension of the species’                  further development of the Columbia
significantly different genetic makeup              range. In this region, excessive grazing                Basin Irrigation Project in central
compared to the remainder of the taxon.             removes current herbaceous growth and                   Washington (USDI 1998). Cassidy (1997)
   Based on the available information,              residual cover of native grasses and                    considered major portions of
we find that the information is                     forbs, and can increase the canopy cover                Washington’s shrub steppe ecosystem
inconclusive either to support or refute            and density of sagebrush and                            among the least protected areas in the
a significance determination for the                undesirable invasive species                            State.
discrete population of sage grouse that             (Daubenmire 1988, WDFW 1995,                               Large areas of privately owned lands
occurs in Washington. Further review of             Livingston 1998). These impacts may be                  in Douglas and Grant Counties are
the available information, and                      especially critical to the reproductive                 currently withdrawn from crop


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51583

production and planted to native and                those associated with the smaller,                      conducted by the WSGWG (1998)
non native cover under the Federal                  ongoing training activities, are not                    indicate that neither local population is
Conservation Reserve Program (CRP),                 currently available. Cadwell et al. (1996)              likely viable at their current levels over
established in 1985 (USDA 1998). Lands              suggested that native vegetation on                     the long term (approximately 100 years).
under the CRP are very important to the             impacted sites with limited soil                        In addition to the relatively large-scale
local population of sage grouse in north-           disturbance will recover following large-               impacts on native shrub steppe habitat
central Washington (Schroeder, pers.                scale maneuver exercises. In addition,                  (above), other naturally occurring
comm. 1999). A number of CRP                        the YTC conducts aggressive                             impacts and human influences of lesser
contracts in Washington have expired                revegetation efforts for sagebrush and                  magnitude may pose threats to
since 1995, and more are scheduled to               native grasses within the sage grouse                   Washington’s isolated local populations.
expire from now through 2002. New                   protection areas (Livingston 1998), and                    Potential risks to small and/or
contracts completed in 1998 for Douglas             has eliminated season-long grazing on                   fragmented populations include direct
County have increased the acreage of                the installation (USDD 1996).                           impacts to individuals from inclement
CRP lands potentially available for use             Evaluation of the quality or quantity of                weather conditions, altered predator
by sage grouse. However, contracts                  naturally recovered areas and the                       demographics or behavior, agricultural
extend for just 10 years, and new                   efficacy of revegetation efforts is                     practices, vehicle collisions, pest
standards for CRP lands will be                     currently not available.                                control measures, and military training.
implemented that may require                           Natural and human-caused fire is a                   Impacts may also result from indirect
replanting of significant acreage under             significant threat to sage grouse                       disturbance of the local populations
existing contracts (USDA 1998,                      throughout Washington because, at                       caused by agricultural and grazing
Schroeder, pers. comm. 1999).                       increased frequencies, it can remove                    activities, transportation corridors,
Presently, it is unclear what effects               sagebrush from the vegetation                           recreation, and military training events
these changes have had, or will have, on            assemblage (USDI 1994, WDFW 1995).                      (over-flights, troop movements, etc.).
the north-central population of sage                Sagebrush is easily killed by fire                      The relatively small, isolated
grouse in Washington.                               (Daubenmire 1988) and, in the absence                   populations of sage grouse in
   In 1991, the Army expanded the YTC               of a sufficient seed source, may not                    Washington may also be at greater risk
along its northern boundary by                      readily reinvade sites where it has been                to the deleterious effects from
approximately 24,000 ha (60,000 ac) to              removed. Fire may be especially                         inbreeding. Conversely, outbreeding
form its present configuration and size             damaging at the YTC, where military                     depression may be a concern for
of approximately 130,000 ha (320,000                training activities provide multiple                    reintroduction efforts in Washington. It
ac). One of the primary justifications for          ignition sources, vegetative cover is                   is unlikely that any one of the above
expansion of the installation was to                relatively continuous, and invasive                     factors has played a significant role in
reduce impacts to heavily used areas by             species such as cheatgrass (Bromus                      the population declines and range
allowing rotational training exercises              tectorum) and knapweed (Centauria                       reductions of sage grouse in the
and rehabilitation of impacted sites                spp.) may provide fine fuels that can                   northwestern extension of their historic
(USDD 1989). In 1994, the Army                      carry a fire. The Army considered fire                  range. However, these influences may
restationed mechanized and armored                  management and control in its planning                  now play an important role in the
combat forces to Fort Lewis (USDD                   efforts for the restationing action (USDD               dynamics of the relatively small and
1994). This restationing action was                 1996), and YTC has since developed a                    isolated local populations that remain in
undertaken to accommodate brigade-                  detailed fire management plan (USDD                     Washington.
level maneuver exercises, and may                   1998). However, the potential for                          We have reviewed the petition,
result in an increase in overall training           relatively large range fires to occur at                literature cited in the petition, other
activity and associated impacts at the              the YTC remains. In 1996, over 25,000                   pertinent literature, and information
YTC. The large-scale training exercises             ha (60,000 ac) of shrub steppe habitat,                 available in our files, and consulted
at the YTC are scheduled to occur at 18-            much of it currently and potentially                    with biologists and researchers familiar
to 24-month intervals, and may involve              used by sage grouse, was burned as a                    with sage grouse. After reviewing this
more than 10,000 troops and 1,000                   result of training activities. Livingston               information, we find that the
tracked and wheeled vehicles. Various               (1998) indicates that a fire of this                    Washington population of western sage
smaller-scale training exercises are also           magnitude within the identified sage                    grouse may be both discrete and
conducted annually at the YTC by other              grouse protection areas would                           significant, and so may satisfy our
U.S. and allied military units (USDD                jeopardize the species’ persistence at the              criteria for designation as a DPS. On the
1989, Livingston 1998).                             installation.                                           basis of the best scientific and
   In the fall of 1995, the Army                       Well-managed hunting with harvest                    commercial information available, we
conducted its first large-scale training            rates below roughly 30 percent are not                  also find that sufficient information
exercise at the YTC following the                   believed to have significant impacts on                 exists with regard to the five listing
restationing action. Analysis of the                healthy sage grouse populations                         factors established by the Act and
impacts from this exercise indicated                (Schroeder et al. 1999a). Harvest rates                 ongoing conservation measures to
that over 9 percent of the sagebrush                that exceed 30 percent or hunting of                    indicate that listing the population of
plants within the sage grouse protection            relatively small, isolated populations                  sage grouse that occurs in Washington
areas experienced major structural                  may act to limit sage grouse abundance                  as threatened or endangered may be
damage. In addition, modeling exercises             in some areas. Western sage grouse in                   warranted.
indicated that sagebrush cover would                Washington have not been subject to                        In making this finding, we recognize
decline due to similar training scenarios           hunting since 1988 (WDFW 1995).                         that there have been declines in sage
if conducted on a biannual basis                       The fragmented, isolated nature of the               grouse populations primarily attributed
(Cadwell et al. 1996). Analyses of the              populations of sage grouse that occur in                to the loss and degradation of shrub
potential impacts to other shrub steppe             Washington is a concern for the                         steppe habitat. These impacts are likely
components that may be important to                 conservation of the species in the                      due to a combination of factors,
sage grouse at the YTC (e.g., grass, forb,          northwestern extension of its historic                  including crop production, over-grazing
and insect quality and abundance), or               range. Preliminary viability analyses                   by livestock, fire, military training, rural


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51584               Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

and suburban development, dam                          Dated: August 18, 2000.                               this document, may be obtained by
construction, herbicide spraying,                    Jamie Rappaport Clark,                                  writing to this address, or by
recreation, and other factors. The                   Director, U.S. Fish and Wildlife Service.               telephoning the contact listed here (see
petition presents evidence that the                  [FR Doc. 00–21610 Filed 8–23–00; 8:45 am]               FOR FURTHER INFORMATION CONTACT). A
population of this species that occurs in            BILLING CODE 4310–55–P                                  copy of the draft environmental impact
Washington is at risk. We also recognize                                                                     statement (DEIS) may be obtained from
that various State and Federal agencies                                                                      Marine Acoustics Inc., 809 Aquidneck
in Washington, and throughout the                                                                            Ave., Middletown, RI 02842, attn. Kathy
species’ historic distribution, are                  DEPARTMENT OF COMMERCE
                                                                                                             Vigness Reposa, 401-847-7508.
actively managing the birds to try and               National Oceanic and Atmospheric
improve their overall population status                                                                      FOR FURTHER INFORMATION CONTACT:
                                                     Administration                                          Kenneth R. Hollingshead (301) 713-
and/or attempting to restore them to
currently unoccupied habitats.                                                                               2055, ext. 128.
                                                     50 CFR Part 216
   Section 4(b)(3)(B) of the Act requires                                                                    SUPPLEMENTARY INFORMATION:
that, to the maximum extent practicable              [Docket No. 000801223-0223-01; I.D.
within 12 months from the date that a                062000A]                                                Background
petition presenting substantial                      RIN 0648-AO24
information is received, we make a                                                                              Section 101(a)(5)(A) of the Marine
finding as to whether it is warranted to                                                                     Mammal Protection Act (16 U.S.C. 1361
                                                     Taking and Importing Marine                             et seq.) (MMPA) directs the Secretary of
list the petitioned species as threatened            Mammals; Taking Marine Mammals
or endangered. Due to a backlog of                                                                           Commerce (Secretary) to allow, upon
                                                     Incidental to Operation of a Low                        request, the incidental, but not
court-ordered listing and critical habitat           Frequency Sound Source by the North
actions and funding constraints, a status                                                                    intentional taking of small numbers of
                                                     Pacific Acoustic Laboratory                             marine mammals by U.S. citizens who
review for the sage grouse population
that occurs in Washington will probably              AGENCY: National Marine Fisheries                       engage in a specified activity (other than
not be conducted until May 2001. If the              Service (NMFS), National Oceanic and                    commercial fishing) within a specified
12-month finding determines listing the              Atmospheric Administration (NOAA),                      geographical region if certain findings
western sage grouse in Washington is                 Commerce.                                               are made and regulations are issued.
warranted, the designation of critical               ACTION: Advance notice of proposed                         Permission may be granted for periods
habitat would be addressed in the                    rulemaking; receipt of an application for               of 5 years or less if the Secretary finds
subsequent proposed rule.                            a small take exemption; request for                     that the taking will be small, will have
Public Information Solicited                         comment and information.                                no more than a negligible impact on the
                                                                                                             species or stock(s), and will not have an
   We are required to promptly                       SUMMARY: NMFS has received a request                    unmitigable adverse impact on the
commence a review of the status of the               from the University of California San                   availability of the species or stock(s) for
species after making a positive 90-day               Diego, Scripps Institution of                           Arctic Ocean subsistence uses, and if
finding on a petition. With regard to this           Oceanography (Scripps), for a small take                regulations are prescribed setting forth
positive petition finding, we are                    of marine mammals incidental to the                     the permissible methods of taking and
requesting information primarily                     continued operation of a low frequency                  the requirements pertaining to the
concerning the species’ population                   (LF) sound source previously installed                  monitoring and reporting of such taking.
status and trends, extent of                         off the north shore of Kauai by the
fragmentation and isolation of other                 Acoustic Thermometry of Ocean                           Summary of Request
population segments, significance or                 Climate (ATOC) project. As a result of
nonsignificance of the Washington                    that request, NMFS is considering                          On May 21, 2000, NMFS received an
population and/or any other discrete                 whether to propose regulations that                     application for an incidental, small take
population segments, potential threats               would authorize the incidental taking of                authorization under section 101(a)(5)(A)
to the species, and ongoing management               a small number of marine mammals. In                    of the MMPA from Scripps to take
measures that may be important with                  order to issue regulations for this taking,             marine mammals incidental to the
regard to the conservation of sage grouse            NMFS must determine that this taking                    continued operation of a LF sound
in Washington or throughout the                      will have no more than a negligible                     source previously installed off the north
remainder of the taxon’s historic range.             impact on the affected species and                      shore of Kauai by the ATOC project. An
In addition, we request information                  stocks of marine mammals. NMFS                          alternative source location under
relating to the designation of critical              invites comment on the application and                  consideration in the DEIS and here is for
habitat for western sage grouse in                   suggestions on the content of the                       Midway Island. A final decision on
Washington.                                          regulations.                                            whether to re-use the ATOC source (or
                                                                                                             to install a new source and cable at
References Cited                                     DATES: Comments and information must                    Midway), in order to combine a second
  A complete list of all references cited            be postmarked no later than September                   phase of research on the feasibility and
herein is available on request from the Upper        25, 2000. Comments will not be                          value of large-scale acoustic
Columbia River Basin Field Office, (See              accepted if submitted via e-mail or the                 thermometry with long range
ADDRESSES section).                                  Internet.                                               underwater sound transmission studies
  Author: The primary author of this                 ADDRESSES: Comments should be                           and marine mammal monitoring and
document is Chris Warren, U.S. Fish                  addressed to Donna Wieting, Chief,                      studies will be made based, in part, on
and Wildlife Service, 11103 E.                       Marine Mammal Conservation Division,                    findings and determinations made
Montgomery Drive, Spokane,                           Office of Protected Resources, National                 under the National Environmental
Washington, 99206.                                   Marine Fisheries Service, 1315 East-                    Policy Act (NEPA). As the principal
   Authority: The authority for this action is       West Highway, Silver Spring, MD                         funding agency for the proposed action,
the Endangered Species Act (16 U.S.C. 1531           20910-3226. A copy of the application,                  a DEIS has been prepared by the Office
et seq.).                                            which contains the references used in                   of Naval Research (ONR). NMFS is a


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                    51585

cooperating agency in the preparation of            Marine Mammals                                            The Hawaiian monk seal (Monachus
this DEIS.                                             A summary of the marine mammal                       schauinslandi) occurs in the area of the
                                                    species that may potentially be found in                Leeward Hawaiian Islands.
Project Description
                                                    the vicinity of the ATOC source at either               Potential Impacts on Marine Mammals
   Acoustic thermometry is a method for
                                                    Kauai or Midway is presented here. For
obtaining information about the                                                                                The effects of underwater noise on
temperature field in the ocean from                 more detail on marine mammal                            marine mammals are highly variable,
precise measurements of the travel                  abundance, density and the methods                      and can be categorized as follows (based
times of sound pulses transmitted                   used to obtain this information,                        on Richardson et al., 1995): (1) The
through the ocean. It is also a technique           reviewers are requested to refer to the                 noise may be too weak to be heard at the
for acoustic remote sensing of the ocean            ONR DEIS. For general information on                    location of the animal (i.e. lower than
interior, in which the properties of the            North Pacific Ocean marine mammals,                     the prevailing ambient noise level, the
ocean between the acoustic sources and              reviewers may refer to Barlow et al.                    hearing threshold of the animal at
receivers are determined, rather than the           (1997).                                                 relevant frequencies, or both); (2) the
properties of the ocean at the                         Six species of baleen whales,                        noise may be audible but not strong
instruments as is the case for                      humpback (Megaptera novaengliae), fin                   enough to elicit any overt behavioral
conventional thermometers and current               Balaenoptera physalus), blue B.                         response; (3) the noise may elicit
meters. Acoustic thermometry in the                 musculus), Bryde’sB. borealis), minke                   behavioral reactions of variable
ocean is closely related to seismology,             (B. acutorostrata), and right (Eubalaena                conspicuousness and variable relevance
in which properties of the Earth’s                  glacialis) whales, may occur in the                     to the well being of the animal; these
interior are inferred from travel times of          Kauai or Midway Atoll areas. Although                   can range from subtle effects on
earthquake waves.                                   not reported near Midway Atoll, the                     respiration or other behaviors
   Under the proposed action, the seabed            humpback whale is the only                              (detectable only by statistical analysis)
power cable and sound source from the               balaenopterid whale known to be                         to active avoidance reactions; (4) upon
ATOC project would remain in their                  present in reasonably large numbers.                    repeated exposure, animals may exhibit
present locations on Kauai, and                     Humpback whales are considered                          diminishing responsiveness
transmissions would continue with                   abundant in coastal waters of the main                  (habituation), or disturbance effects may
approximately the same signal                       Hawaiian Islands from November                          persist (the latter is most likely with
parameters and transmission schedule                through April. Fin whales and blue                      sounds that are highly variable in
used in the earlier ATOC project. The               whales have the potential to occur in                   characteristics, unpredictable in
typical schedule consists of six 20-                the area; however, their distribution and               occurrence, and associated with
minute (min) transmissions (one every 4             abundance in the region is believed to                  situations that the animal perceives as a
hours), every fourth day, with each                 be uncommon (Balcomb, 1987),                            threat); (5) any man-made noise that is
transmission preceded by a 5-min ramp-              although only a single fin whale was                    strong enough to be heard has the
up period during which the signal                   observed during recent ATOC marine                      potential to reduce (mask) the ability of
intensity was gradually increased,                  mammal research. Right whales in the                    marine mammals to hear natural sounds
representing an average duty cycle of 2             North Pacific Ocean are extremely rare                  at similar frequencies, including calls
percent. With the possible exception of             and therefore, would also be rare in the                from conspecifics and/or echolocation
short duration testing with duty cycles             Hawaiian Islands. Bryde’s whales, and                   sounds, and environmental sounds such
of up to 8 percent, or equipment failure,           minke whales may be occasionally seen                   as ice or surf noise; and (6) very strong
this schedule would continue for a                  in the area of Midway Atoll                             sounds have the potential to cause
period of 5 years. The signals                      (Leatherwood et al., 1988), but are not                 either a temporary or a permanent
transmitted by the source would have a              usually found off Kauai.                                reduction in hearing sensitivity (referred
center frequency of 75 Hertz (Hz) and a                Sixteen species of odontocetes                       to respectively as temporary threshold
bandwidth of approximately 35 Hz (i.e.,             (toothed whales, dolphins and                           shift (TTS) or permanent threshold shift
sound transmissions are in the                      porpoises) may be found in the Kauai                    (PTS). Few data on the effects of non-
frequency band of 57.5-92.5 Hz).                    and Midway areas. These species are                     explosive sounds on hearing thresholds
Approximately 260 watts of acoustic                 sperm whales (Physeter                                  of marine mammals have been obtained,
power would be radiated during                      macrocephalus), short-finned pilot                      however, in terrestrial mammals, and
transmission. At 1 meter (m)(33 feet (ft))          whales (Globicephala macrorhynchus),                    presumably in marine mammals,
from the source (at 807 m (2,648 ft)                beaked whales (Ziphius cavirostris,                     received sound levels must far exceed
water depth at the Kauai location),                 Berardius bairdi, and Mesoplodon spp.),                 the animal’s hearing threshold for there
sound intensity (i.e., source level)                spinner dolphins (Stenella longirostris),               to be any TTS. Received levels must be
would be about 195 decibels (dB)                    spotted dolphin (Stenella attenuata),                   even higher for there to be risk of PTS.
referenced to the intensity of a signal             striped dolphin (Stenella coeruleoalba),                   For this project, Scripps has
with a sound pressure level (SPL) of 1              bottlenose dolphins (Tursiops                           established the threshold for risk of
microPascal (1 µPa). According to                   truncatus), rough-toothed dolphin                       harm as a single ping at 180 dB re 1
Scripps, the signal parameters and                  (Steno bredanensis), pygmy sperm                        µParms (180 dB). Harm is defined in this
source level have been found in the                 whale (Kogia breviceps), dwarf sperm                    context as onset TTS, or the lower end
ATOC project to provide adequate, but               whale (Kogia simus), killer whales                      of Level A harassment. Although
not excessive, signal-to-noise ratios in            (Orcinus orca), false killer whale                      recently some scientists have
the receiver ranges of interest.                    (Pseudorca crassidens), pygmy killer                    questioned whether TTS is actually an
   While the proposed action involves               whale (Feresa attenuata), and melon-                    injury (see Navy, 1999, Appendix E-1,
the continued operation of the source               headed whale (Peponocephala electra).                   Criteria for Marine Mammal Auditory
installed at the Kauai, HI location, an             It should be noted, however, that the                   Shift), in this action, TTS is being
alternative location under consideration            latter 7 species were not sighted in or                 categorized as the onset for a Level A
in the ONR DEIS would be installing a               near the proposed Kauai area during                     harassment take. In this proposed
sound source and cable at a location off            marine mammal surveys conducted                         action, a marine mammal would have to
the coast of Midway Island.                         between 1993 and 1998.                                  receive one ping greater than, or equal


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51586             Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules

to 180 dB in order to be considered                 modeled population into an estimate of                  area in substantial numbers is the
receiving a non-serious injury (Level A             the risk from a prolonged disruption of                 humpback whale, and Scripps believes
harassment) or many pings at a received             a biologically important behavior, and                  that because they usually prefer
level (RL) slightly lower than 180 dB in            (5) the conversion of these estimates of                nearshore locations (inside the 100-
order to potentially incur a significant            behavioral risk into an assessment of                   fathom (188 m) depth contour), few are
biological response (Level B                        risk in terms of the level of potential                 expected to be exposed to received
harassment).                                        biological removal.                                     levels greater than 120 dB (i.e, the SPL
   In order to understand the biological               Next, a relationship for converting the              level presumed by Scripps to be zero for
significance of the risk of Level A or              resultant cumulative exposures for a                    marine mammals having the potential to
Level B harassment, it is necessary to              modeled population into an estimate of                  incur a prolonged disturbance of
determine how this risk might affect a              the risk to the entire population of a                  biologically important behavior).
population of marine mammals, starting              prolonged disruption of a biologically                  Similarly, sperm whales are the most
with acoustic criteria. First, the marine           important behavior and of injury was                    common deep-diving odontocete
mammal must be able to hear LF sound.               developed. This process assessed risk in                (toothed) whale in the area, but because
Second, the animal must incur a                     relation to RL and repeated exposure.                   they usually prefer offshore waters (i.e.,
reaction to the LF sound that is more               The resultant ≥risk continuum≥ is based                 water depths greater than 4,000 m
than momentary. Third, any effect from              on the assumption that the threshold of                 (12,700 ft)), few are expected to be
LF sound must involve a significant                 risk is variable and occurs over a range                exposed to received levels greater than
behavioral change in a biologically                 of conditions rather than at a single                   120 dB. According to Scripps, these
important activity, such as feeding,                threshold.                                              distributional preferences are supported
breeding, or migration, all of which are               Taken together, the recent results on                by the Kauai ATOC MMRP (Mobley,
potentially important for reproductive              marine mammals from LF sounds, the                      1999a).
success of the population.                          acoustical modeling, and the risk                          Using the risk continuum and
   Based on California and Hawaii                   assessment, provide an estimate of                      acoustic modeling Scripps estimated the
ATOC Marine Mammal Research                         potential environmental impacts to                      potential for biologically significant
Program (MMRP), Scripps found no                    marine mammals.                                         reactions by marine mammals under the
overt or obvious short-term changes (1)                The acoustical modeling process was                  proposed action. Scripps determined
in the abundance and distribution of                accomplished by Scripps using the U.S.                  that only humpback whales that remain
marine mammals in response to the                   Navy’s standard acoustical performance                  in the vicinity of the sound source for
ATOC transmissions (intensive                       prediction transmission loss model-                     a full day of transmissions may
statistical analyses of aerial survey data          Parabolic Equation (PE) version 3.4. The                potentially experience any effect from
showed some subtle shifts in                        results of this model are the primary                   the source transmissions. However,
distribution of humpback (and possibly              input to the Acoustic Integration Model                 humpback whales typically travel
sperm) whales away from the California              (AIM). AIM was used in this analysis to                 parallel to the coast of Kauai, and,
site (Calambokidis et al., 1998) and                estimate mammal sound exposures and                     therefore, Scripps believes, would
humpback whales away from the Kauai                 integrate simulated characteristics of                  probably not receive sound from more
site); (2) in the behavior of humpback              marine mammals (e.g., species                           than a single transmission.
whales or elephant seals in response to             distribution, density, dive profiles, and                  At the Midway site, the mysticete
the playback of ATOC-like sounds                    general movement, NPAL sound                            whale expected in greatest abundance is
(intensive statistical analyses revealed            transmissions (e.g., duty cycle,                        the Bryde’s whale. Because they usually
some subtle changes in the behavior of              transmission length), and the predicted                 prefer nearshore locations, Scripps
humpback whales (Frankel and Clark,                 sound field for each transmission to                    expects few animals would be exposed
1998; 1999b); or (3) in the singing                 estimate acoustic exposure during a                     to RLs greater than 120 dB. Similarly,
behavior of humpback whales in the                  typical NPAL source transmission. A                     sperm whales are the most common
vicinity of the Kauai ATOC sound                    description of the PE and AIM models                    deep-diving odontocetes in the area, but
source. Bioacoustic experts concluded               (including AIM input parameters for                     because they usually prefer offshore
that these subtle effects would not                 animal movement, diving behavior, and                   waters (i.e., water depths greater than
adversely affect the survival of an                 marine mammal distribution,                             4,000 m (12,700 ft)), few are expected to
individual whale or the status of the               abundance, and density) and the risk                    be exposed to received levels greater
North Pacific humpback whale                        continuum analysis are described in                     than 120 dB. A much higher abundance
population (Frankel and Clark, 1999a).              detail in the Scripps application and the               of Hawaiian monk seals is expected near
   To assess the potential environmental            ONR DEIS and are not discussed further                  Midway Island than Kauai since this
impact of the North Pacific Acoustic                in this document. At this time, NMFS                    species prefers the small, mostly
Laboratory (NPAL) sound source on                   recommends reviewers read these                         uninhabited chain of islands and atolls
marine mammals, it was necessary for                documents if additional information is                  northwest of the main Hawaiian Islands.
Scripps to predict the sound field that             desired. If NMFS proceeds with                             Using the risk continuum and
a given marine mammal species could                 rulemaking on this action, that                         acoustic modeling Scripps determined
be exposed to over time. This is a multi-           rulemaking document will discuss the                    that there would be no potential for
part process involving (1) the ability to           risk continuum and estimates of affected                biologically significant effects on marine
measure or estimate an animal’s                     marine mammal populations in greater                    mammals from source transmissions at
location in space and time, (2) the                 detail.                                                 Midway Island, although some subtle
ability to measure or estimate the three-              Scripps, however, has drawn some                     effects may occur.
dimensional sound field at these times              general conclusions from the relative
and locations, (3) the integration of               abundance of various marine mammal                      Mitigation
these two data sets to estimate the                 species in relationship to the NPAL                       Scripps’ proposed action includes
potential impact of the sound field on              sound field. Under the proposed                         mitigation that would minimize the
a specific animal in the modeled                    alternative (utilizing the ATOC sound                   potential effects of the NPAL sound
population, (4) the conversion of the               source at Kauai), the only mysticete                    source to marine mammals. First, the
resultant cumulative exposures for a                (baleen) whale species expected in the                  sound source would operate at the


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                  Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Proposed Rules                                                      51587

minimum duty cycle necessary to                     Monitoring and Reporting                                a determination on issuance of a final
support the large-scale acoustic                                                                            rule and exemption.
thermometry and long-range                            In an effort to understand the
propagation objectives. Transmissions               potential for long-term effects of man-                 Classification
would contiue with approximately the                made sound on marine mammals,
                                                    Scripps proposes to monitor the                           This action has been determined to be
same transmission schedule as that used                                                                     not significant under Executive Order
during the first feasibility phase of the           distribution and abundance of marine
                                                    mammals in the vicinity of the sound                    12866.
ATOC study. Second, any increases in
the duty cycle beyond the nominal 2                 source, by conducting a total of 4 aerial               Information Solicited
percent (with a maximum of 8 percent)               surveys during each humpback whale
would not occur during the peak                     season. The data collected will be                        NMFS requests interested persons to
humpback whale season (January-                     compared with data collected during the                 submit comments, information, and
April). The proposed action includes                Kauai ATOC Marine Mammal Research                       suggestions concerning the request and
the possibility of an 8-percent duty                Program. Reports on the aerial survey                   the structure and content of the
cycle for up to 2 months out of each                results will be available to the public in              regulations to allow the taking. NMFS
year; this action, however, would not               reports. A report on activites will be                  requests that commenters review the
occur during the period of time                     provided to NMFS annually.                              ONR DEIS and/or Scripps’ small take
humpback whales inhabit Hawaiian                    NEPA                                                    application and not submit comments
waters. Third, the sound source would                                                                       based solely on this document. NMFS
operate at the minimum power level                    The ONR has released a DEIS under                     will consider information submitted in
necessary to support large-scale acoustic           NEPA (see ADDRESSES). NMFS is a                         developing proposed regulations to
thermometry and long-range sound                    cooperating agency, as defined by the                   authorize the taking. If NMFS proposes
transmission objectives. The fourth                 Council on Environmental Quality (40                    regulations to allow this take, interested
mitigation measure proposed is to ramp-             CFR 1501.6), in the preparation of this                 parties will be given ample time and
up the NPAL sound source                            DEIS.                                                   opportunity to comment on the
transmissions over a 5-min period. This             Endangered Species Act (ESA)                            proposed rule.
is believed to reduce the potential for                                                                       Dated: August 15, 2000.
startling marine mammals in the                       NMFS will be consulting with the
vicinity of the NPAL sound source and               ONR under section 7 of the ESA on this                  Penelope D. Dalton,
provides them an opportunity to move                action. In that regard, the ONR has                     Assistant Administrator for Fisheries,
away from the sound source before                   submitted to NMFS a Biological                          National Marine Fisheries Service.
transmitting at the maximum power                   Assessment under the ESA. This                          [FR Doc. 00–21679 Filed 8–23–00; 8:45 am]
levels.                                             consultation will be concluded prior to                 Billing Code: 3510-22-S




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51588

Notices                                                                                                      Federal Register
                                                                                                             Vol. 65, No. 165

                                                                                                             Thursday, August 24, 2000



This section of the FEDERAL REGISTER                 ranchers); (2) methods of maximizing                      The Committee meets at least once a
contains documents other than rules or               the number of new farming and                           year and all meetings are open to the
proposed rules that are applicable to the            ranching opportunities created through                  public. Committee meetings provide an
public. Notices of hearings and investigations,      the program; (3) methods of encouraging                 opportunity for members to exchange
committee meetings, agency decisions and                                                                     ideas on ways to increase opportunities
                                                     States to participate in the program; (4)
rulings, delegations of authority, filing of
petitions and applications and agency                the administration of the program; and                  for beginning farmers and ranchers
statements of organization and functions are         (5) other methods of creating new                       through Federal-State partnerships.
examples of documents appearing in this              farming or ranching opportunities.                      Members discuss various issues and
section.                                                The law requires that members                        draft numerous recommendations,
                                                     include representatives from the                        which are submitted to the Secretary in
                                                     following groups: (1) The Farm Service                  writing.
DEPARTMENT OF AGRICULTURE                            Agency (FSA); (2) State beginning                         Signed in Washington, D.C. on August 18,
                                                     farmer programs (as defined in section                  2000.
Farm Service Agency
                                                     309(i)(5) of the Consolidated Farm and                  Parks Shackleford,
Advisory Committee on Beginning                      Rural Development Act); (3) commercial                  Acting Administrator, Farm Service Agency.
Farmers and Ranchers                                 lenders; (4) private nonprofit                          [FR Doc. 00–21645 Filed 8–23–00; 8:45 am]
                                                     organizations with active beginning                     BILLING CODE 3410–05–P
AGENCY: Farm Service Agency, USDA.                   farmer or rancher programs; (5) the
ACTION: Notice requesting nominations.               Cooperative State Research, Education,
                                                     and Extension Service; (6) Community                    DEPARTMENT OF COMMERCE
SUMMARY: The Secretary of Agriculture                colleges or other educational
intends to renew the charter of the                  institutions with demonstrated                          International Trade Administration
Advisory Committee on Beginning                      experience in training beginning farmers
Farmers and Ranchers (Committee). The                or ranchers; and (7) other entities or                  North American Free-Trade
Committee provides advice to the                     persons providing lending or technical                  Agreement, Article 1904 NAFTA Panel
Secretary on ways to encourage Federal               assistance to qualified beginning                       Reviews; Request for Panel Review
and State beginning farmer programs to               farmers or ranchers. The Secretary has
provide joint financing to beginning                                                                         AGENCY: NAFTA Secretariat, United
                                                     also appointed farmers and ranchers to
farmers and ranchers. Nominations of                                                                         States Section, International Trade
                                                     the Committee.
persons to serve on the Committee are                                                                        Administration, Department of
invited.                                                Departmental Regulation 1042–119                     Commerce.
                                                     dated November 25, 1998, formally                       ACTION: Notice of First Request for Panel
DATES: Nominations will be accepted
                                                     established the Committee and                           Review.
through September 25, 2000, and should               designated FSA to provide support. FSA
be submitted to Mark Falcone,                        is now accepting nominations of                         SUMMARY: On August 11, 2000,
Designated Federal Official (DFO) for                individuals to serve for a 2-year term on
the Committee, at the address below.                                                                         Whirlpool Corporation filed a First
                                                     the Committee, which is comprised of                    Request for Panel Review with the
ADDRESSES: Mark Falcone, DFO for the                 18 individuals. One-third of the existing               Canadian Section of the NAFTA
Advisory Committee on Beginning                      Committee membership will be replaced                   Secretariat pursuant to Article 1904 of
Farmers and Ranchers, Farm Service                   when the Committee charter expires on                   the North American Free Trade
Agency, U.S. Department of Agriculture,              November 25, 2000. The Committee will                   Agreement. Panel review was requested
1400 Independence Avenue, SW., Room                  be reestablished with the 12 old and six                of the final determination made by the
5438-S, STOP 0522, Washington, DC                    new members thereafter.                                 Canada Customs and Revenue Agency,
20250–0522; telephone (202) 720–1632;                Reappointments are made to assure                       respecting Certain Top-Mount Electric
FAX (202) 690–1117; e-mail                           effectiveness and continuity of                         Refrigerators, Electric Household
mark_falcone@wdc.fsa.usda.gov.                       operations. The duration of the                         Dishwashers, and Gas or Electric
FOR FURTHER INFORMATION CONTACT:                     Committee is indefinite. No member,                     Laundry, Dryers, Originating in or
Mark Falcone at (202) 720–1632.                      other than a USDA employee, can serve                   Exported from the United States of
SUPPLEMENTARY INFORMATION:     Section 5             for more than 6 consecutive years.                      America and Produced by, or on Behalf
of the Agricultural Credit Improvement                  Appointments to the Committee will                   of, White Consolidated Industries, Inc.
Act of 1992 (Pub. L. 102–554) required               be made by the Secretary of Agriculture.                and Whirlpool Corporation, Their
the Secretary of Agriculture to establish            Equal opportunity practices, in line                    Respective Affiliates, Successors and
the Committee for the purpose of                     with USDA policies, will be followed in                 Assigns. This determination was
advising the Secretary on the following:             all appointments to the Committee. To                   published in the Canada Gazette, Part I,
   (1) the development of a program of               ensure that the recommendations of the                  (Vol. 134, No. 29, pp. 2229–2230) on
coordinated financial assistance to                  Committee have taken into account the                   July 15, 2000. The NAFTA Secretariat
qualified beginning farmers and                      needs of the diverse groups served by                   has assigned Case Number CDA–USA–
ranchers under section 309(i) of the                 the Department, membership should                       00–1904–03 to this request.
Consolidated Farm and Rural                          include, to the extent practicable,                     FOR FURTHER INFORMATION CONTACT:
Development Act (Federal and State                   individuals with demonstrated ability to                Caratina L. Alston, United States
beginning farmer programs provide joint              represent minorities, women, persons                    Secretary, NAFTA Secretariat, Suite
financing to beginning farmers and                   with disabilities, and senior citizens.                 2061, 14th and Constitution Avenue,


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51589

Washington, D.C. 20230, (202) 482–                   DEPARTMENT OF COMMERCE                                  ralph.richter@nist.gov; web site:
5438.                                                                                                        www.ts.nist.gov/tsap and www.oiml.org
                                                     National Institute of Standards and                     SUPPLEMENTARY INFORMATION: The
SUPPLEMENTARY INFORMATION:       Chapter             Technology
19 of the North American Free-Trade                                                                          International Organization of Legal
Agreement (‘‘Agreement’’) establishes a                                                                      Metrology (OIML) is an
                                                     Public Meeting on U.S. Technical                        intergovernmental treaty organization in
mechanism to replace domestic judicial               Participation in 11th Quadrennial
review of final determinations in                                                                            which the United States and 56 other
                                                     Conference of the International                         nations participate. Its principal
antidumping and countervailing duty                  Organization of Legal Metrology
cases involving imports from a NAFTA                                                                         purpose is to harmonize national laws
                                                     (OIML)                                                  and regulations pertaining to testing and
country with review by independent
binational panels. When a Request for                AGENCY: National Institute of Standards                 verifying the performance of legal
Panel Review is filed, a panel is                    and Technology, Commerce.                               measuring instruments used for equity
established to act in place of national              ACTION: Meeting Announcement.                           in commerce, for public and worker
courts to review expeditiously the final                                                                     health and safety, and for monitoring
                                                     SUMMARY: The National Institute of                      and protecting the environment. The
determination to determine whether it                Standards and Technology (NIST) will
conforms with the antidumping or                                                                             harmonized results promote the
                                                     hold a public meeting to discuss U.S.                   international trade of measuring
countervailing duty law of the country               technical participation in the 11th
that made the determination.                                                                                 instruments and products affected by
                                                     Quadrennial Conference of the                           measurement.
   Under Article 1904 of the Agreement,              International Organization of Legal                       Fifteen Recommendations will be
which came into force on January 1,                  Metrology (OIML). The pre-conference                    presented for ratification by the
1994, the Government of the United                   public meeting is open to all interested                Conference in the following two
States, the Government of Canada and                 parties.                                                categories: (1) Those already approved
the Government of Mexico established                   The principal focus will be on 15                     by the International Committee of Legal
Rules of Procedure for Article 1904                  OIML Recommendations on legal                           Metrology (CIML) between 1997 and
Binational Panel Reviews (‘‘Rules’’).                measuring instruments that will be                      1997; and (2) those that are expected to
These Rules were published in the                    presented for ratification by the                       be submitted directly to the Conference
Federal Register on February 23, 1994                Conference. These Recommendations                       for approval. These Recommendations
(59 FR 8686).                                        and OIML-member nations’ technical                      and the OIML-member nations holding
   A first Request for Panel Review was              comments on them will be reviewed                       the responsible secretariat for their
filed with the Canadian Section of the               with interested parties who will be                     development are as follows:
NAFTA Secretariat, pursuant to Article               given an opportunity to present their
1904 of the Agreement, on May 12,                    views on the Recommendations and                        Category 1
2000, requesting panel review of the                 other relevant issues of the Conference.                R49 Water meters intended for the
final determination described above.                   Participants with an expressed                          metering of cold potable water
   The Rules provide that:                           interest in particular topics may obtain                  (United Kingdom)
   (a) a Party or interested person may              copies of the OIML Conference                           R60 Metrological regulation for load
challenge the final determination in                 technical agenda, including copies of                     cells (USA)
whole or in part by filing a Complaint               the Recommendations to be ratified.                     R65 Force measuring system of
in accordance with Rule 39 within 30                 Interested parties should schedule oral                   uniaxial material testing machines
days after the filing of the first Request           presentations for the pre-conference                      (USA)
for Panel Review (the deadline for filing            meeting, providing a written summary                    R81 Dynamic measuring devices and
a Complaint is September 11, 2000);                  of comments, no later than 22                             systems for cryogenic liquids (USA)
                                                     September 2000 with the NIST                            R85 Automatic level gauges for
   (b) a Party, investigating authority or                                                                     measuring the level of liquid in fixed
                                                     Technical Standards Activities Program.
interested person that does not file a                                                                         storage tanks (Austria)
                                                     Written comments are welcome at any
Complaint but that intends to appear in                                                                      R93 Focimeters (Hungary)
                                                     time.
support of any reviewable portion of the                                                                     R99 Instruments for measuring
                                                     DATES: Pre-conference meeting at the
final determination may participate in                                                                         exhaust emissions (Netherlands)
the panel review by filing a Notice of               National Institute of Standards and
                                                     Technology: 26 September 2000 from                      R125 Measuring systems for the mass
Appearance in accordance with Rule 40                                                                          of liquids in tanks (Australia)
within 45 days after the filing of the first         10:00 a.m. to 12:00 noon; Eleventh
                                                     OIML International Conference of Legal                  R126 Evidential breath analyzers
Request for Panel Review (the deadline                                                                         (France)
for filing a Notice of Appearance is                 Metrology in London, England: 9–13
                                                     October 2000.                                           R127 Radiochromic film dosimetry
September 25, 2000); and                                                                                       system for ionizing radiation
                                                     ADDRESSES: Pre-conference meeting:
   (c) the panel review shall be limited                                                                       processing of materials and products
to the allegations of error of fact or law,          National Institute of Standards and                       (USA)
including the jurisdiction of the                    Technology (NIST North), Conference                     R128 Ergometers for foot crank work
investigating authority, that are set out            Room 152, 80 West Diamond Avenue,                         (Germany)
in the Complaints filed in the panel                 Gaithersburg, MD; International                         R129 Multi-dimensional measuring
review and the procedural and                        Conference: Queen Elizabeth II                            instruments (Australia)
substantive defenses raised in the panel             Conference Centre, London, England.
                                                     FOR FURTHER INFORMATION CONTACT: Mr.                    Category 2
review.
                                                     Ralph Richter, Technical Standards                      —Draft OIML Recommendation: Octave-
  Dated: August 15, 2000.                            Activities Program, Office of Standards                   band and one-third octave-band filters
Caratina L. Alston,                                  Services, National Institute of Standards                 (Germany)
United States Secretary, NAFTA Secretariat.          and Technology, Gaithersburg, MD                        —Draft OIML Recommendation:
[FR Doc. 00–21588 Filed 8–23–00; 8:45 am]            2099–2150; telephone: 301/975–4025;                       Polymethylmethacrylate dosimetry
BILLING CODE 3510–GT–P                               fax: 301/975–5414; e-mail:                                system for ionizing radiation


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51590                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

 processing of materials and products                to prevent fishing. The bulk of the                     DEPARTMENT OF COMMERCE
 (USA)                                               information requirements associated
—Draft OIML Recommendation:                          with this program are approved under                    National Oceanic and Atmospheric
 Alanine EPR dosimetry system for                    OMB Control Number 0648-0376. In                        Administration
 ionizing radiation processing of                    May of 2000, however, NOAA obtained                     [I.D. 081800C]
 materials and products (USA)                        emergency clearance from OMB to
  August 16, 2000.                                   conduct advanced referenda concerning                   Individual Fishing Quota (IFQ) Prior
Karen Brown,                                         buyback programs. Certain other                         Notice of Landing Report
Deputy Director.                                     existing requirements were clarified.
                                                                                                             AGENCY: National Oceanic and
[FR Doc. 00–21622 Filed 8–23–00; 8:45 am]            NOAA is now requesting OMB for
                                                                                                             Atmospheric Administration (NOAA).
                                                     regular Paperwork Reduction Act
BILLING CODE 3510–33–M                                                                                       ACTION: Proposed information
                                                     approval for these requirements.
                                                                                                             collection; comment request.
                                                     II. Method of Collection
DEPARTMENT OF COMMERCE                                                                                       SUMMARY: The Department of
                                                       Hard copies of material will usually                  Commerce, as part of its continuing
National Oceanic and Atmospheric                     be submitted.                                           effort to reduce paperwork and
Administration                                                                                               respondent burden, invites the general
                                                     III. Data                                               public and other Federal agencies to
[I.D. 081800E]
                                                       OMB Number: 0648-0413.                                take this opportunity to comment on
Fishing Capacity Reduction Program                                                                           proposed and/or continuing information
Advanced Referenda and Other                           Form Number: None.                                    collections, as required by the
Requirements                                           Type of Review: Regular submission.                   Paperwork Reduction Act of 1995,
                                                       Affected Public: Business and other                   Public Law 104–13 (44 U.S.C.
AGENCY: National Oceanic and
                                                     for-profit organizations, individuals and               3506(c)(2)(A)).
Atmospheric Administration (NOAA).
                                                     households.                                             DATES: Written comments must be
ACTION: Proposed collection; comment
                                                       Estimated Number of Respondents:                      submitted on or before October 23,
request.
                                                     800.                                                    2000.
SUMMARY: The Department of                                                                                   ADDRESSES: Direct all written comments
                                                       Estimated Time Per Response: 4
Commerce, as part of its continuing                                                                          to Linda Engelmeier, Departmental
                                                     hours.
effort to reduce paperwork and                                                                               Forms Clearance Officer, Department of
respondent burden, invites the general                 Estimated Total Annual Burden                         Commerce, Room 6086, 14th and
public and other Federal agencies to                 Hours: 3,200.                                           Constitution Avenue NW, Washington
take this opportunity to comment on                    Estimated Total Annual Cost to                        DC 20230 (or via Internet at
proposed and/or continuing information               Public: $0.                                             lengelme@doc.gov).
collections, as required by the
                                                     IV. Request for Comments                                FOR FURTHER INFORMATION CONTACT:
Paperwork Reduction Act of 1995,
                                                                                                             Requests for additional information or
Public Law 104–13 (44 U.S.C.
                                                        Comments are invited on: (a) Whether                 copies of the information collection
3506(c)(2)(A)).
                                                     the proposed collection of information                  instrument(s) and instructions should
DATES:Written comments must be                       is necessary for the proper performance                 be directed to Patsy A. Bearden,
submitted on or before October 23,                   of the functions of the agency, including               National Marine Fisheries Service,
2000.                                                whether the information shall have                      Alaska Region, P.O. Box 21668, Juneau,
ADDRESSES:  Direct all written comments              practical utility; (b) the accuracy of the              Alaska 99802, Telephone number 907–
to Linda Engelmeier, Departmental                    agency ’sestimate of the burden                         586–7008.
Forms Clearance Officer, Department of               (including hours and cost) of the                       SUPPLEMENTARY INFORMATION:
Commerce, Room 6086, 14th and                        proposed collection of information;
                                                                                                             I. Abstract
Constitution Avenue NW, Washington                   (c)ways to enhance the quality, utility,
DC 20230 (or via Internet at                         and clarity of the information to be                       The National Marine Fisheries Service
lengelme@doc.gov).                                   collected; and (d) ways to minimize the                 is requesting comments on a revision to
                                                     burden of the collection of information                 a collection of information that supports
FOR FURTHER INFORMATION CONTACT:                                                                             the Individual Fishing Quota (IFQ)
Requests for additional information or               on respondents, including through the
                                                     use of automated collection techniques                  Program for fixed-gear Pacific halibut
copies of the information collection                                                                         and sablefish fisheries off Alaska. Vessel
instrument(s) and instructions should                or other forms of information
                                                     technology.                                             operators would be required to report
be directed to Richard Roberts, OFA1x1,                                                                      IFQ regulatory area on the IFQ Prior
Station 8118, NOAA, 1305 East West                      Comments submitted in response to                    Notice of Landing (PNOL) report in
Highway, Silver Spring, MD 20910 (301-               this notice will be summarized and/or                   addition to the currently required
713-3525, ext. 115).                                 included in the request for OMB                         information about the anticipated IFQ
SUPPLEMENTARY INFORMATION:                           approval of this information collection;                offload.
                                                     they also will become a matter of public
I. Abstract                                          record.                                                 II. Method of Collection
   The National Oceanic and                            Dated: August 17, 2000                                   An IFQ vessel operator provides the
Atmospheric Administration (NOAA)                                                                            information by telephone to a NOAA
conducts a program to reduce excess                  Madeleine Clayton,
                                                                                                             Enforcement Officer or U.S. Coast Guard
fishing capacity by paying fishermen to              Management Analyst, Office of the Chief                 Officer prior to IFQ offloading.
(1) surrender their fishing permits, or (2)          Information Officer.
to both surrender their permits and                  [FR Doc. 00–21680 Filed 8–23–00; 8:45 am]               III. Data
either scrap or restrict their vessel titles         Billing Code: 3510–22–F                                    OMB Number: 0648–0272.


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51591

  Form Number: None.                                 guidance for siting and operating                       Conduct as a starting point for the
  Type of Review: Regular submission.                aquaculture facilities in the Exclusive                 development of regulatory standards in
  Affected Public: Business and other                Economic Zone (EEZ) seaward of coastal                  the future.
for-profit organizations.                            state boundaries and authorities. NMFS
  Estimated Number of Respondents:                                                                              The United States was an active
                                                     is holding three workshops to gather                    participant in the 1993-1995
4,700.                                               information that will be used to develop
  Estimated Time Per Response: 8                                                                             consultations that led to the adoption by
                                                     a draft Code of Conduct. The workshops
seconds for added data element.                                                                              the Food and Agriculture Organization
                                                     are open to the public.
  Estimated Total Annual Burden                                                                              of the United Nations (FAO) of the Code
                                                     DATES: The meeting dates are:
Hours: 33.                                                                                                   of Conduct for Responsible Fisheries
                                                        1. Seattle, WA, September 7, 2000, 10
  Estimated Total Annual Cost to                                                                             (FAO Code). While the FAO Code is a
                                                     a.m.–3 p.m.
Public: $0.                                             2. Danvers, MA, September 14, 2000,                  voluntary and non-binding instrument,
                                                     10 a.m.–3 p.m.                                          the United States has consistently
IV. Request for Comments
                                                        3. Galveston, TX; September 20, 2000,                supported its usefulness as an
   Comments are invited on: (a) Whether                                                                      internationally agreed upon statement of
                                                     10 a.m.–3 p.m.
the proposed collection of information                                                                       principles that should govern the
                                                     ADDRESSES: The workshop locations are:
is necessary for the proper performance                                                                      policies of FAO members in all sectors
of the functions of the agency, including               1. Seattle: National Marine Fisheries
                                                     Service, NMFS, Northwest Fisheries                      of the fishing industry, including
whether the information shall have                                                                           aquaculture, which is addressed in
practical utility; (b) the accuracy of the           Science Center, 2725 Montlake
                                                     Boulevard E., Seattle, WA. 98112.                       Article 9 of the FAO Code. Although the
agency’s estimate of the burden                                                                              Code of Conduct being developed for
                                                        2. Danvers: King’s Grant Inn, Route
(including hours and cost) of the                                                                            the U.S. EEZ does not have to follow the
                                                     128 at Trask Lane, Danvers, MA 01923
proposed collection of information; (c)                 3. Galveston: National Marine                        FAO model, the FAO Code is an
ways to enhance the quality, utility, and            Fisheries Service, Galveston Laboratory,                important reference instrument. A copy
clarity of the information to be                     4700 Avenue U, Galveston, TX 77551.                     of the aquaculture section (Article 9) of
collected; and (d) ways to minimize the                                                                      the FAO Code can be obtained from the
                                                     FOR FURTHER INFORMATION CONTACT:
burden of the collection of information                                                                      contact persons listed here, and can be
on respondents, including through the                Edwin Rhodes at (301) 713–2334 or
                                                     Colin Nash at (360) 871–8309. For                       found on the internet at http://
use of automated collection techniques
                                                     specific workshop information contact:                  www.fao.org/fi/agreem/codecond/
or other forms of information
                                                     Seattle, WA, Colin Nash, (360) 871–                     ficonde.asp
technology.
   Comments submitted in response to                 8309; Danvers, MA, Harry Mears, (978)                      NMFS will develop the Code of
this notice will be summarized and/or                281–9243; Galveston, TX, Roger                          Conduct in steps. The first step is to get
included in the request for OMB                      Zimmerman, (409) 766–3500.                              stakeholder input in September, 2000,
approval of this information collection;             SUPPLEMENTARY INFORMATION:                              to assist in Code of Conduct
they also will become a matter of public                                                                     development. NMFS, in consultation
                                                     Background
record.                                                                                                      with other Federal agencies with
                                                        NMFS has Federal responsibility for                  authorities in Federal waters, will
  Dated: August 17, 2000.
                                                     the living marine resources of the                      consider this stakeholder input in
Madeleine Clayton,
                                                     United States. Under authorities of the                 producing a draft Code of Conduct,
Management Analyst, Office of the Chief              Magnuson-Stevens Fishery
Information Officer.                                                                                         which will be made available for public
                                                     Conservation and Management Act,                        comment through a Federal Register
[FR Doc. 00–21682 Filed 8–23–00; 8:45 am]            NMFS has responsibility for Federally                   notice early in 2001. Public comments
BILLING CODE 3510–22–F                               managed species and for the                             will be addressed in formulating a final
                                                     conservation and enhancement of                         Code of Conduct, which will be
                                                     essential fish habitat in the zone                      published in the Federal Register before
DEPARTMENT OF COMMERCE                               seaward of coastal state boundaries to                  January, 2002.
National Oceanic and Atmospheric                     the 200 nautical mile limit of the EEZ.
                                                     NMFS has additional responsibilities for                Regional Workshops
Administration
                                                     threatened and endangered species and
[I.D. 081700A]                                       for marine mammals under authorities                       NMFS will hold three regional
                                                     of the Endangered Species Act and the                   workshops to receive stakeholder input
Development of a Code of Conduct for                 Marine Mammal Protection Act. NMFS                      for development of the Code of Conduct.
Responsible Aquaculture in the United                anticipates increasing aquaculture                      NMFS seeks input on the scope,
States Exclusive Economic Zone;                      activity in the EEZ. In order to provide                content, specificity and use of a Code of
Public Workshops                                     guidance to potential users of the U.S.                 Conduct that can be used to help guide
AGENCY: National Marine Fisheries                    EEZ for aquaculture, NMFS, with broad                   aquaculture development in the EEZ.
Service (NMFS), National Oceanic and                 stakeholder input, will produce a Code                  Areas for discussion include, but are not
Atmospheric Administration (NOAA),                   of Conduct for Responsible Aquaculture                  limited to, species choices, siting,
Commerce.                                            in the United States Exclusive Economic                 transboundary considerations, design
                                                     Zone. It is the purpose of such a Code                  and construction of facilities, disease
ACTION: Notice of public workshops.
                                                     of Conduct to provide general guidance                  prevention and control, feeds and
SUMMARY: NMFS publishes information                  to the aquaculture industry for siting                  feeding protocols, effluents and
regarding stakeholder input to the                   and operating aquaculture facilities in                 pollution,interactions with wild species
development of a Code of Conduct for                 this zone, and to provide NMFS with a                   and protected resources, general
Responsible Aquaculture in the U.S.                  framework that can be used to ensure a                  operations, stock enhancement, use
Exclusive Economic Zone (Code of                     more consistent review of aquaculture                   conflict resolution, and on-shore
Conduct). It is the purpose of such a                projects that require agency actions.                   impacts. The workshops are open to all
Code of Conduct to provide general                   NMFS may also use the Code of                           interested persons.


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51592                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

Special Accommodations                               SUPPLEMENTARY INFORMATION:                                 The Marine Reserves Committee will
                                                                                                             meet to review informal meeting, public
  The workshops will by physically                   Meeting Dates
                                                                                                             scoping meeting and Marine Reserves
accessible to people with disabilities.                September 18, 2000, 1:30 p.m.–3:30                    AP input and comments and develop
Requests for sign language                           p.m.—Joint Executive/Finance                            recommendations to Council and staff,
interpretation or other auxiliary aids               Committee Meeting;                                      develop Committee recommendations
should be directed to Edwin Rhodes at                  The Executive and Finance                             on the Gray’s Reef Memorandum of
least 5 days prior to the meeting date.              Committees will meet jointly to review                  Understanding (MOU), develop
                                                     an update on the CY (Calendar Year)                     Committee comments/recommendations
  Dated: August 21, 2000.
                                                     2000 budget, review and approve the                     on NMFS White Paper and discuss the
Bruce C. Morehead,                                   proposed CY 2001 activities schedule,                   closed area law suit in the Gulf of
Acting Director, Office of Sustainable               budget and Operations Plan. The                         Mexico.
Fisheries, National Marine Fisheries Service.        committees will also discuss Atlantic                      September 20, 2000, 2:30 p.m.–5:30
[FR Doc. 00–21678 Filed 8–23–00; 8:45 am]            Coastal Cooperative Statistic Program                   p.m.—Dolphin Wahoo Committee
BILLING CODE 3510–22–F                               (ACCSP) funding.                                        Meeting;
                                                       September 18, 2000, 3:30 p.m.–5:00
                                                                                                                The Dolphin Wahoo Committee will
                                                     p.m.—Advisory Panel Selection
                                                                                                             meet to review comments on the
DEPARTMENT OF COMMERCE                               Committee (closed);
                                                       The Advisory Panel Selection                          Dolphin Wahoo FMP from the public
                                                     Committee will meet to review                           hearings, written material received,
National Oceanic and Atmospheric
                                                     membership applications and develop                     advisory panel members and NMFS.
Administration
                                                     recommendations.                                        The Committee will also review Gulf
                                                       September 19, 2000, 8:30 a.m. to                      and Caribbean Council actions.
[I.D. 081700D]
                                                     10:00 a.m.—Shrimp Committee                                September 21, 2000, 8:30 a.m.–12:00
South Atlantic Fishery Management                    Meeting;                                                noon—Dolphin Wahoo Committee
Council; Public Meetings                               The Shrimp Committee will meet to                     Meeting (continued);
                                                     develop recommendations on the                             The Dolphin Wahoo Committee will
AGENCY: National Marine Fisheries                    revised NMFS BRD Protocol, review                       continue its meeting and develop final
Service (NMFS), National Oceanic and                 input from the Rock Shrimp AP and                       Committee recommendations on the
Atmospheric Administration (NOAA),                   discuss controlled access for the rock                  Dolphin Wahoo Fishery Management
Commerce.                                            shrimp fishery, develop                                 Plan.
                                                     recommendations for the Controlled                         September 21, 2000, 1:30 p.m.–6:15
ACTION:   Notice of public meetings.                 Access Committee, review the proposal                   p.m.—Council Session;
                                                     to use traps to fish for royal red shrimp                  From 1:30 p.m.–1:45 p.m., the Council
SUMMARY: The South Atlantic Fishery                  in the Exclusive Economic Zone and                      will call the meeting to order, adopt the
Management Council (Council) will                    develop a committee recommendation.                     agenda and approve minutes from the
hold meetings of its Advisory Panel                    September 19, 2000, 10:00 a.m.–12:00                  June 2000 meeting.
(AP) Selection Committee (closed),                   noon—Controlled Access Committee                           From 1:45 p.m.–2:15 p.m., the Council
Shrimp Committee, Controlled Access                  Meeting;                                                will hold elections to decide on a new
Committee, Snapper Grouper                             The Controlled Access Committee                       Chairman and Vice-Chairman and make
Committee, Habitat Committee, Marine                 will meet to hear a presentation on                     presentations.
Reserves Committee, Dolphin Wahoo                    vessel capacity issues and develop                         From 2:15 p.m.- 2:45 p.m., the
Committee and a joint meeting of the                 committee recommendations regarding                     Council will hear a Coast Guard
Executive and Finance Committees.                    vessel capacity issues. The Committee                   presentation from Admiral Allen.
Public comment periods will be held on               will also develop options for rock                         From 2:45 p.m.–3:15 p.m., the Council
the proposed Dolphin Wahoo Fishery                   shrimp controlled access and provide                    will consider a request from the South
Management Plan (FMP) and the                        direction to Council staff.                             Carolina Aquarium for an extension of
                                                       September 19, 2000, 1:30 p.m.–5:00
Bycatch Reduction Device (BRD)                                                                               their Exempted Fisheries Permit (EFP).
                                                     p.m.—Snapper Grouper Committee
Testing Protocol Manual. There will                  Meeting;                                                   From 3:15 p.m.–5:15 p.m., the Council
also be a Council Session.                             The Snapper Grouper Committee will                    will hold a public comment period
                                                     meet and hear an update on Maximum                      regarding the Dolphin Wahoo FMP
DATES: The meetings will be held from
                                                     Sustainable Yield and overfishing                       (beginning at 3:15 p.m.), hear a report
September 18–22, 2000. See
                                                     definitions, discuss the status of the red              from the Dolphin Wahoo Committee,
SUPPLEMENTARY INFORMATION for specific
                                                     porgy assessment and projections peer                   finalize the FMP and approve it for
dates and times.                                                                                             submission to the Secretary of
                                                     review, and review the status of data
ADDRESSES:  The meetings will be held at             available on the harvest of snapper                     Commerce.
the Town & Country Inn, 2008                         grouper species with powerheads.                           From 5:15 p.m.–5:45 p.m., the Council
Savannah Highway, Charleston, SC                       September 20, 2000, 8:30 a.m.–10:30                   will hold a public comment period on
29407; telephone: (843) 571–1000 or 1–               a.m.—Habitat Committee Meeting;                         the BRD Testing Protocol Manual
800–334–6660.                                          The Habitat Committee will meet to                    (beginning at 5:15 p.m.), hear a report
  Council address: South Atlantic                    review and comment on permits as                        from the Shrimp Committee, finalize
Fishery Management Council, One                      required, hear a report on the Habitat                  and approve the revised BRD Testing
                                                     Advisory Panel meeting, discuss                         Protocol Manual and make a decision
Southpark Circle, Suite 306; Charleston,
                                                     development of an ecosystem plan and                    on the proposal to use traps to fish for
SC 29407–4699.
                                                     discuss development of a beach                          royal red shrimp.
FOR FURTHER INFORMATION CONTACT:     Kim             renourishment policy.                                      From 5:45 p.m.–6:15 p.m., the Council
Iverson, Public Information Officer;                   September 20, 2000, 10:30 a.m.–12:00                  will hear a report from the Executive/
telephone: (843) 571–4366; fax: (843)                noon, 1:30 p.m.–2:30 p.m.—Marine                        Finance Committee, approve CY 2001
769–4520; email: kim.iverson@noaa.gov                Reserves Committee Meeting;                             Activities Schedule, approve the CY


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                         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                     51593

2001 budget and approve the Council                 public has been notified of the Council’s               State, NMFS publishes, for public
Operations Plan.                                    intent to take final action to address the              review and comment, summaries of
   September 22, 2000, 8:30 a.m.–12:30              emergency.                                              applications received by the Secretary of
p.m.—Council Session                                                                                        State requesting permits for foreign
   From 8:30 a.m.–8:45 a.m., the Council            Special Accommodations
                                                                                                            fishing vessels to fish in the U.S. EEZ
will hear a report from the Advisory                  These meetings are physically                         under provisions of the Magnuson-
Panel Selection Committee and appoint               accessible to people with disabilities.                 Stevens Act (16 U.S.C. 1801 et seq.).
new advisory panel members.                         Requests for sign language                                 This notice concerns the receipt of an
   From 8:45 a.m.–9:00 a.m., the Council            interpretation or other auxiliary aids                  application from the Government of
will hear a report from the Snapper                 should be directed to the Council office                Lithuania requesting authorization to
Grouper Committee.                                  (see ADDRESSES) by September 8, 2000.                   conduct joint venture (JV) operations in
   From 9:00 a.m.–9:30 a.m., the Council              Dated: August 17, 2000.                               2001 in the Northwest Atlantic Ocean
will hear a report from the Controlled                                                                      for Atlantic mackerel and Atlantic
                                                    Richard W. Surdi,
Access Committee, make                                                                                      herring. The large stern trawler/
recommendations on vessel capacity                  Acting Director, Office of Sustainable
                                                    Fisheries, National Marine Fisheries Service.
                                                                                                            processors MAIRONIS and UTENA are
issues and make a decision on                                                                               identified as the Lithuanian vessels that
proceeding with rock shrimp controlled              [FR Doc. 00–21683 Filed 8–23–00; 8:45 am]
                                                                                                            would receive Atlantic mackerel and
access.                                             BILLING CODE 3510–22–F
                                                                                                            Atlantic herring from U.S. vessels in JV
   From 9:30 a.m.–9:45 a.m., the Council                                                                    operations. The application also
will hear a report from the Habitat                                                                         requests that the Government of
Committee and consider permits as                   DEPARTMENT OF COMMERCE
                                                                                                            Lithuania be allocated 2,000 metric tons
required.                                           National Oceanic and Atmospheric                        (mt) of Atlantic mackerel and 1,000 mt
   From 9:45 a.m.–10:15 a.m., the                                                                           of Atlantic herring for harvest by the
                                                    Administration
Council will hear a report from the                                                                         named vessels in 2001.
Marine Reserves Committee, take action              [I.D. 081100C]
                                                                                                              Dated: August 16, 2000.
on considering the Gray’s Reef MOU,                                                                         Bruce C. Morehead,
develop comments and                                Permits; Foreign Fishing
                                                                                                            Acting Director, Office of Sustainable
recommendations on the NMFS White                   AGENCY: National Marine Fisheries                       Fisheries, National Marine Fisheries Service
Paper and direct Council staff on how               Service (NMFS), National Oceanic and                    [FR Doc. 00–21544 Filed 8–23–00; 8:45 am]
to proceed.                                         Atmospheric Administration (NOAA),                      Billing Code: 3510–22–S
   From 10:15 a.m.–10:45 a.m., the                  Commerce.
Council will hear a presentation on the             ACTION: Notice of receipt of foreign
Southeast Region’s Permitting System.               fishing application.
   From 10:45 a.m.–11:15 a.m., the                                                                          DEPARTMENT OF DEFENSE
Council will hear a report on the                   SUMMARY:   NMFS publishes for public
southeastern shark drift net fishery.                                                                       Department of the Air Force
                                                    review and comment a summary of an
   From 11:15 a.m.–11:30 a.m., the                  application submitted by the                            Proposed Collection; Comment
Council will hear an update on ACCSP.               Government of Lithuania requesting                      Request
   From 11:30 a.m.–12:00 noon, the                  authorization to conduct fishing
Council will hear updates on economic               operations in the U.S. Exclusive                        AGENCY:    Department of the Air Force,
and social issues.                                  Economic Zone (EEZ) in 2001 under                       DoD.
   From 12:00 noon–12:30 p.m., the                  provisions of the Magnuson-Stevens                      ACTION:   Notice.
Council will hear NMFS Status Reports               Fishery Conservation and Management
on 2000/2001 Mackerel Framework,                                                                              In compliance with section
                                                    Act (Magnuson-Stevens Act).                             3506(c)(2)(A) of the Paperwork
Mackerel Amendment 12, Greater
                                                    ADDRESSES: Comments may be                              Reduction Act of 1995, the Office of
Amberjack trip limit resubmittal and
                                                    submitted to NMFS, Office of                            Admissions announces the proposed
Georgia Special Management Zones
                                                    Sustainable Fisheries, International                    reinstatement of a public information
(SMZs). Council will also hear NMFS
                                                    Fisheries Division, 1315 East-West                      collection and seeks public comment on
Status Reports on Landings for Atlantic
                                                    Highway, Silver Spring, MD 20910; and/                  the provisions thereof. Comments are
king mackerel, Gulf king mackerel
                                                    or to the Regional Fishery Management                   invited on: (a) Whether the proposed
(eastern zone), Atlantic Spanish
                                                    Councils listed below:                                  collection of information is necessary
mackerel, Snowy grouper & Golden                      Paul J. Howard, Executive Director,
tilefish, wreckfish, greater amberjack                                                                      for the proper performance of the
                                                    New England Fishery Management                          functions of the agency, including
and south Atlantic Octocorals.                      Council, 50 Water Street, Mill 2,
   From 12:30 p.m.–1:00 p.m., Council                                                                       whether the information shall have
                                                    Newburyport, MA 01905, Phone (978)                      practical utility; (b) the accuracy of the
will hear agency and liaison reports and
                                                    465-0492, Fax (978) 465-3116;                           agency’s estimate of the burden of the
discuss other business and upcoming                   Daniel T. Furlong, Executive Director,
meetings.                                                                                                   proposed information collection; (c)
                                                    Mid-Atlantic Fishery Management                         ways to enhance the quality, utility, and
   Although non-emergency issues not
                                                    Council, Federal Building, Room 2115,                   clarity of the information to be
contained in this agenda may come
                                                    300 South New Street, Dover, DE 19904,                  collected; and (d) ways to minimize the
before this Council for discussion, those
                                                    Phone (302) 674-2331, Fax (302) 674-                    burden of the information collection on
issues may not be the subjects of formal
                                                    4136.                                                   respondents, including the use of
Council action during this meeting.
Council action will be restricted to those          FOR FURTHER INFORMATION CONTACT:                        automated collection techniques or
issues specifically listed in this notice           Robert A. Dickinson, Office of                          other forms of information technology.
and any issues arising after publication            Sustainable Fisheries, (301) 713-2276.                  DATES: Consideration will be given to all
of this notice that require emergency               SUPPLEMENTARY INFORMATION: In                           comments received by October 23, 2000.
action under section 305 (c) of the                 accordance with a Memorandum of                         ADDRESSES: Written comments and
Magnuson-Stevens Act, provided the                  Understanding with the Secretary of                     recommendations on the proposed


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51594                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

information collection should be sent to             at the time of the invention. Mr.                       A-chain and method for making and
United States Air Force Academy,                     Maruyama assigned rights to the Air                     using the composition.
Office of Admissions, 2304 Cadet Drive,              Force recorded at reel 9549, frames 124
Suite 236, USAFA, CO 80840.                          and 125.                                                Gregory D. Showalter,
FOR FURTHER INFORMATION CONTACT: To                                                                          Army Federal Register Liaison Officer.
                                                        The license described above will be
request more information on this                     granted unless an objection thereto,                    [FR Doc. 00–21657 Filed 8–23–00; 8:45 am]
proposed information collection or to                together with a request for an                          BILLING CODE 3710–08–U
obtain a copy of the proposed and                    opportunity to be heard, if desired, is
associated collection instruments,                   received in writing by the addressee set
please write to the above address, or call           forth below within 60 days from the                     DEPARTMENT OF DEFENSE
United States Air Force Academy,                     date of publication of this Notice.
Office of Admissions, (719) 333–7291.                Information concerning the application                  Department of the Army
  Title, Associated Form, and OMB                    may be obtained, on request, from the
Number: Air Force Academy Secondary                                                                          Availability for Non-Exclusive,
                                                     same addressee.
School Transcript, USAFA Form 148,                                                                           Exclusive, or Partially Exclusive
                                                        All communications concerning this                   Licensing of U.S. Patent Application
OMB Number 0701–0066.                                Notice should be sent to Mr. Randy
  Needs and Uses: The information                                                                            Concerning Overcoming Interference
                                                     Heald, Associate General Counsel
collection requirement is necessary to                                                                       in Alphavirus Immune Individuals
                                                     (Acquisition), SAF/GCQ, 1500 Wilson
obtain data on candidate’s background
                                                     Blvd., Suite 304, Arlington, VA 22209–                  AGENCY: U.S. Army Medical Research
and aptitude in determining eligibility
                                                     2310. Mr. Heald can be reached at 703–                  and Materiel Command, DoD.
and selection to the Air Force Academy.
  Affected Public: Individuals or                    588–5091 or by fax at 703–588–8037.
                                                                                                             ACTION:   Notice.
households.                                          Janet A. Long,
  Annual Burden Hours: 3,477.                        Air Force Federal Register Liaison Officer.
  Number of Respondents: 6,954.                                                                              SUMMARY: In accordance with 37 CFR
                                                     [FR Doc. 00–21652 Filed 8–23–00; 8:45 am]
  Responses per Respondent: 1.                                                                               404.6, announcement is made of the
  Average Burden per Response: 30                    BILLING CODE 5001–05–U
                                                                                                             availability for licensing of U.S. Patent
Minutes.                                                                                                     Application Serial Number 09/082,357
  Frequency: 1.                                                                                              entitled ‘‘Overcoming Interference in
                                                     DEPARTMENT OF DEFENSE
SUPPLEMENTARY INFORMATION:                                                                                   Alphavirus Immune Individuals’’, filed
Summary of Information Collection                    Department of the Army                                  May 20, 1998. This patent has been
                                                                                                             assigned to the United States
  The information collected on this                  Availability for Non-Exclusive,                         Government as represented by the
form is required by 10 U.S.C. 9346. The              Exclusive, or Partially Exclusive                       Secretary of the Army.
respondents are students who are                     Licensing of U.S. Patent Application
applying for admission to the United                 Concerning Deglycosylated Ricin                         ADDRESSES:  Commander, U.S. Army
States Air Force Academy. Each                       Toxin A-Chain Vaccine                                   Medical Research and Materiel
student’s background and aptitude is                                                                         Command, ATTN: Command Judge
reviewed to determine eligibility. If the            AGENCY: U.S. Army Medical Research                      Advocate, MCMR–JA, 504 Scott Street,
information on this form is not                      and Materiel Command, DoD.                              Fort Detrick, Frederick, Maryland
collected, the individual cannot be                                                                          21702–5012.
                                                     ACTION:    Notice.
considered for admittance to the Air
Force Academy.                                                                                               FOR FURTHER INFORMATION CONTACT:     For
                                                     SUMMARY:   In accordance with 37 CFR                    patent issues, Ms. Elizabeth Arwine,
Janet A. Long,                                       404.6, announcement is made of the                      Patent Attorney, (301) 619–7808. For
Air Force Federal Register Liaison Officer.          availability for licensing of U.S. Patent               licensing issues, Dr. Paul Mele, Office of
[FR Doc. 00–21651 Filed 8–23–00; 8:45 am]            Application Serial Number 09/523,271                    Research & Technology Assessment,
BILLING CODE 5001–05–U
                                                     entitled ‘‘Deglycosylated Ricin Toxin A-                (301) 619–6664. Both at telefax (301)
                                                     Chain Vaccine’’, filed March 10, 2000.                  619–5034.
                                                     This patent application has been
DEPARTMENT OF DEFENSE                                assigned to the United States                           SUPPLEMENTARY INFORMATION: This
                                                     Government as represented by the                        invention is a method for overcoming
Department of the Air Force                          Secretary of the Army.                                  alphavirus vaccine interference in
                                                                                                             alphavirus-immune subjects by
Notice of Intent To Grant an Exclusive               ADDRESSES:  Commander, U.S. Army
                                                                                                             administration of a second alphavirus
Patent License                                       Medical Research and Materiel
                                                     Command, ATTN: Command Judge                            vaccine which is altered such that it is
  Pursuant to the provisions of part 404             Advocate, MCMR–JA, 504 Scott Street,                    not accessible to interfering antibodies.
of title 37, Code of Federal Regulations,            Fort Detrick, Frederick, Maryland                       Examples of such alterations are
which implements Public Law 96–517,                  21702–5012.                                             described as well as evidence showing
the Department of the Air Force                                                                              that alphavirus interference likely
announces its intention to grant                     FOR FURTHER INFORMATION CONTACT:     For                results from the binding of interfering
Powdermet Inc., a company doing                      patent issues, Ms. Elizabeth Arwine,                    antibodies to viral proteins expressed on
business in Sun Valley, California (CA),             Patent Attorney, (301) 619–7808. For                    infected cells thereby causing lysis of
an exclusive license in any right, title             licensing issues, Dr. Paul Mele, Office of              infected cells.
and interest the Air Force has in U.S.               Research & Technology Assessment,
Patent Number 6,033,622 entitled                     (301) 619–6664. Both at telefax (301)                   Gregory D. Showalter,
‘‘Method for Making Metal Matrix                     619–5034.                                               Army Federal Register Liaison Officer.
Composites.’’ The inventor, Benji                    SUPPLEMENTARY INFORMATION: A vaccine                    [FR Doc. 00–21655 Filed 8–23–00; 8:45 am]
Maruyama was a government employee                   comprising deglycosylated ricin toxin                   BILLING CODE 3710–08–U




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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51595

DEPARTMENT OF DEFENSE                                entitled ‘‘Self-Piercing Pulse Oximeter                 Government as represented by the
                                                     Sensor Assembly’’, filed September 3,                   Secretary of the Army.
Department of the Army                               1999. Foreign rights are also available.                ADDRESSES: Commander, U.S. Army
                                                     This patent application has been                        Medical Research and Materiel
Availability for Non-Exclusive,                      assigned to the United States                           Command, ATTN: Command Judge
Exclusive, or Partially Exclusive                    Government as represented by the                        Advocate, MCMR–JA, 504 Scott Street,
Licensing of U.S. Patent Application                 Secretary of the Army.                                  Fort Detrick, Frederick, Maryland
Concerning Protective Monoclonal                                                                             21702–5012.
Antibody Against Botulinum                           ADDRESSES: Commander, U.S. Army
                                                     Medical Research and Materiel                           FOR FURTHER INFORMATION CONTACT: For
Neurotoxin Serotype F
                                                     Command, ATTN: Command Judge                            patent issues, Ms. Elizabeth Arwine,
AGENCY: U.S. Army Medical Research                   Advocate, MCMR-JA, 504 Scott Street,                    Patent Attorney, (301) 619–7808. For
and Materiel Command, DoD.                           Fort Detrick, Frederick, Maryland                       licensing issues, Paul Mele, Office of
ACTION: Notice.                                      21702–5012.                                             Research & Technology Assessment,
                                                     FOR FURTHER INFORMATION CONTACT: For
                                                                                                             (301) 619–6664. Both at telefax (301)
SUMMARY: In accordance with 37 CFR                                                                           619–5034.
404.6, announcement is made of the                   patent issues, Ms. Elizabeth Arwine,
                                                     Patent Attorney, (301) 619–7808. For                    SUPPLEMENTARY INFORMATION: The
availability for licensing of U.S. Patent                                                                    invention is related to use of PMPA, α-
Application Serial Number 08/504,969                 licensing issues, Paul Mele, Office of
                                                     Research & Technology Assessment,                       NAAG and β-NAAG to prevent and treat
entitled ‘‘Protective Monoclonal                                                                             conditions arising from exposure of
Antibody Against Botulinum                           (301) 619–6664. Both at telefax (301)
                                                     619–5034.                                               neuronal tissue to toxins, injury,
Neurotoxin Serotype F’’, filed July 20,                                                                      ischemia and hypoxia. Target tissues
1995. This patent has been assigned to               SUPPLEMENTARY INFORMATION: A self-                      include the brain, spinal cord and
the United States Government as                      piercing pulse oximeter sensor for                      retina.
represented by the Secretary of the                  attachment to a subject. The device
Army.                                                includes a flexible pulse oximeter                      Gregory D. Showalter,
                                                     sensor, an earring post, and a grommet.                 Army Federal Register Liaison Officer.
ADDRESSES: Commander, U.S. Army
Medical Research and Materiel                        The earring post may be used as a                       [FR Doc. 00–21658 Filed 8–23–00; 8:45 am]
Command, ATTN: Command Judge                         piercing device if there is not a pierced               BILLING CODE 3710–08–P

Advocate, MCMR–JA, 504 Scott Street,                 body part suitable for attaching the
Fort Detrick, Frederick, Maryland                    pulse oximeter sensor to the body.
21702–5012.                                          Otherwise the earring post may be slid                  DEPARTMENT OF DEFENSE
                                                     into the pierced hole. In either case, the
FOR FURTHER INFORMATION CONTACT: For                                                                         Department of the Army; Corps of
                                                     tip of the earring post engages a
patent issues, Ms. Elizabeth Arwine,                                                                         Engineers
                                                     grommet once passing through the body
Patent Attorney, (301) 619–7808. For
                                                     part. Thus, the pulse oximeter sensor
licensing issues, Paul Mele, Office of                                                                       Notice of Intent To Prepare Draft
                                                     functions in a transilluminance mode by
Research & Technology Assessment,                                                                            Supplement No. 1 to the Final
                                                     transmitting light through the pierced
(301) 619–6664. Both at telefax (301)                                                                        Environmental Impact Statement
                                                     body part.
619–5034.                                                                                                    [FEIS] for Operation and Maintenance,
SUPPLEMENTARY INFORMATION: The                       Gregory D. Showalter,                                   Lake Greeson, Lake Ouachita, and
subject application invention relates to             Army Federal Register Liaison Officer.                  DeGray Lake, Arkansas
a monoclonal antibody protective                     [FR Doc. 00–21656 Filed 8–23–00; 8:45 am]               AGENCY: U.S. Army Corps of Engineers,
against botulinum neurotoxin serotype                BILLING CODE 3710–08–U                                  Vicksburg District, DOD.
F, and to methods of preparation and
                                                                                                             ACTION: Notice of intent.
use thereof.
                                                     DEPARTMENT OF DEFENSE                                   SUMMARY: The purpose of the proposed
Gregory D. Showalter,
                                                                                                             action is to evaluate the environmental
Army Federal Register Liaison Officer.               Department of the Army                                  impacts of the U.S. Army Corps of
[FR Doc. 00–21659 Filed 8–23–00; 8:45 am]
                                                                                                             Engineers proposed continued operation
BILLING CODE 3710–08–U                               Availability for Non-Exclusive,
                                                                                                             and maintenance activities at Lake
                                                     Exclusive, or Partially Exclusive
                                                                                                             Greeson, Lake Ouachita, and DeGray
                                                     Licensing of U.S. Patent Application
                                                                                                             Lake, Arkansas.
DEPARTMENT OF DEFENSE                                Concerning Treatment or Prophylaxis
                                                     of Retinal Pathology and Spinal Cord                    FOR FURTHER INFORMATION CONTACT: Mr.
Department of the Army                               Injury                                                  Wendell King (telephone (601) 631–
                                                                                                             5967), CEMVK–PP–PQ, 4155 Clay
Availability for Non-Exclusive,                      AGENCY: U.S. Army Medical Research                      Street, Vicksburg, Mississippi 39183–
Exclusive, or Partially Exclusive                    and Materiel Command, DoD.                              3435.
Licensing of U.S. Patent Application                                                                         SUPPLEMENTARY INFORMATION: Lake
                                                     ACTION: Notice.
Concerning Self-Piercing Pulse                                                                               Greeson, Lake Ouachita, and DeGray
Oximeter Sensor Assembly                             SUMMARY: In accordance with 37 CFR                      Lake are part of a comprehensive plan
AGENCY: U.S. Army Medical Research                   404.6, announcement is made of the                      for flood control, navigation, and
and Materiel Command, DoD.                           availability for licensing of U.S. Patent               hydroelectric power production for the
ACTION: Notice.                                      Application Serial Number 09/133,805                    Ouachita River Basin. Lake Greeson is
                                                     entitled ‘‘Treatment or Prophylaxis of                  located on the Little Missouri River in
SUMMARY: In accordance with 37 CFR                   Retinal Pathology and Spinal Cord                       Pike County, Arkansas, 6 miles north of
404.6, announcement is made of the                   Injury’’, filed August 13, 1998. Foreign                Murfreesboro, and 64 miles southwest
availability for licensing of U.S. Patent            rights are also available. This patent has              of Hot Springs. Lake Ouachita is located
Application Serial Number 09/389,347                 been assigned to the United States                      on the Ouachita River in Garland and


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51596                    Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

Montgomery Counties, Arkansas, 13                   scoping meetings are tentatively                        intervene or protest should be filed on
miles west of Hot Springs. DeGray Lake              scheduled to be held in Arkansas in                     or before September 8, 2000. Protests
is located on the Caddo River in Clark              September 2000. The Environmental                       will be considered by the Commission
and Hot Spring Counties, Arkansas, 8                Protection Agency, U.S. Fish and                        in determining the appropriate action to
miles north of Arkadelphia.                         Wildlife Service, Natural Resources                     be taken but will not serve to make
   Lake Greeson was authorized by the               Conservation Service, Arkansas                          protestants parties to the proceeding.
Flood Control Act of 18 August 1941,                Department of Environmental Quality,                    Any person wishing to become a party
Public Law 228, 77th Congress, 1st                  and Arkansas Game and Fish                              must file a motion to intervene. Copies
Session, as amended by the Flood                    Commission will be invited to become                    of this filing are on file with the
Control Act of 22 December 1944. It is              cooperating agencies. All interested                    Commission and are available for public
now officially named ‘‘Narrows Dam-                 agencies, groups, tribes,and individuals                inspection.
Lake Greeson.’’ Lake Ouachita was                   will be sent copies of the Draft
authorized by the Flood Control Act of                                                                      David P. Boergers,
                                                    Supplemental EIS and FEIS.
22 December 1944, Public Law 534,                     The Draft Supplemental EIS is                         Secretary.
78th Congress, Chapter 655, 2nd                     scheduled to be completed in October                    [FR Doc. 00–21602 Filed 8–23–00; 8:45 am]
Session, House Report No. 4485, which               2001.                                                   BILLING CODE 6717–01–M
adopted the plan as set forth in House
Document No. 647. It is now officially              Robert Crear,
‘‘Blakely Mountain Dam-Lake                         Colonel, Corps of Engineers, District Engineer.         DEPARTMENT OF ENERGY
Ouachita.’’ DeGray Lake was authorized              [FR Doc. 00–21654 Filed 8–23–00; 8:45 am]
by Congress in the Rivers and Harbors               BILLING CODE 3710–PU–M                                  Federal Energy Regulatory
Act of 1950.                                                                                                Commission
   The authorized purposes of Lake                                                                          [Docket No. CP00–434–000]
Greeson and Lake Ouachita are flood                 DEPARTMENT OF ENERGY
control and hydroelectric power                                                                             Columbia Gulf Transmission
production. This authority was                      Federal Energy Regulatory                               Company; Application
amended by Section 4 of the Flood                   Commission
Control Act of 1944 to include public                                                                       August 18, 2000.
                                                    [Docket No. CP00–438–000]                                 Take notice that on August 9, 2000,
recreation on these projects. Authority
to construct, maintain, and operate                 Columbia Gas Transmission                               Columbia Gulf Transmission Company
public parks and recreational facilities            Corporation; Filing                                     (Columbia Gulf), 2603 Augusta, Suite
at water resource development projects                                                                      125, Houston, Texas 77057–5637, filed
under the control of the Department of              August 18, 2000.                                        in Docket No. CP00–434–000 an
the Army was granted under section 207                 Take notice that on August 14, 2000,                 application pursuant to Sections 7(c)
of the Flood Control Act of 1962. The               Columbia Gas Transmission Corporation                   and 7(b) of the Natural Gas Act for
authorized purposes of DeGray Lake are              (Columbia) filed an application                         permission and approval for Columbia
flood control, hydroelectric power,                 requesting permission under NGA                         Gulf to construct and operate certain
water supply, navigation, and                       Section 7(b) to abandon by sale 3.54                    replacement natural gas facilities and to
recreation. Lake Greeson became                     BCF of base gas located in Columbia’s                   abandon the facilities being replaced
operational in 1950; Lake Ouachita                  Storage system. The application may be                  due to the age and condition of the
became operational in 1953; and DeGray              viewed on the web at www.ferc.fed.us/                   facilities, located in Powell County,
Lake was placed into operation in 1972.             online/rims.htm. Call (202) 208–2222                    Kentucky, all as more fully set forth in
   The FEIS for Operation and                       for assistance.                                         the application which is on file with the
Maintenance, Lake Greeson, lake                        It is stated that operational                        Commission and open to public
Ouachita, and DeGray Lake, Arkansas,                efficiencies within various Storage                     inspection. This filing may be viewed
was completed by the Corps in                       Fields have reduced Columbia’s need to                  on the web at http://www.ferc.fed.us/
September 1977. The proposed action                 maintain the historic levels of base gas.               online/rims.htm (call 202–208–2222 for
will evaluate the environmental impacts             The disposition of proceeds from the                    assistance).
of Corps continued conduct of operation             proposed sale of the base gas will be                     Columbia Gulf proposes to construct
and maintenance activities in support of            made pursuant to Section C, of Article                  and operate one 14,470 horsepower (HP)
the authorized project purposes for the             IV, of Stipulation II of the Settlement in              compressor unit and appurtenances and
lakes.                                              Docket No. RP95–408 Columbia Gas                        abandon one 12,050 HP compressor unit
   The significant issues tentatively               Transmission Corp., 79 FERC Paragraph                   and appurtenances, located in Powell
identified for evaluation of the                    61,044 (1997). This settlement defines                  County, Kentucky.
environmental impacts of operation and              future additional sales of base gas no                    Columbia Gulf states that the unit
maintenance activities include (1)                  longer needed by Columbia as a result                   proposed for replacement, designated as
impacts of flood control storage, (2)               of more efficient operation of its storage              Columbia Gulf’s Unit 105, is part of
impacts of hydroelectric generation, (3)            fields. Columbia will comply with the                   their Stanton Compressor Station,
impacts to water supply storage, and (4)            annual reporting requirements provided                  which currently consists of six
impacts to resource management,                     for in Section D of Article IV.                         compressor units. Columbia Gulf asserts
including concession expansions.                       Any person desiring to be heard or to                that the unit is a Pratt and Whitney
   The National Environmental Policy                protest said filing should file a motion                GG3C–1 gas turbine unit with a rating
Act (40 CFR part 1501.7) requires all               to intervene or protest with the Federal                of 12,050 HP, constructed and placed in
Federal agencies preparing EIS’s to                 Energy Regulatory Commission, 888                       service in 1964, under the authority
conduct a process termed ‘‘scoping.’’               First Street, NE., Washington, DC 20426,                granted in Docket No. CP64–1.
This scoping process determines the                 in accordance with Rules 211 or 214 of                    Columbia Gulf states that due to the
issues to be addressed and identifies the           the Commission’s Rules of Practice and                  age of the unit, replacement parts are
significant issues related to a proposed            Procedure (18 CFR Section 385.211 or                    not readily available, making repairs
action. To accomplish this, public                  Section 385.214). All such motions to                   and maintenance difficult. Columbia


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                         Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51597

declares that due to its age,                         Take further notice that pursuant to                     In accordance with the provisions of
obsolescence, and deterioration,                    the authority contained in and subject to               Section 154.23(d) of the Commission’s
replacement is required in order to                 the jurisdiction conferred upon the                     Regulations, copies of this filing are
ensure safe, reliable operation and                 Commission by Sections 7 and 15 of the                  available for public inspection, during
service to Columbia Gulf’s existing                 Natural Gas Act and the Commission’s                    regular business hours, in a convenient
customers at current levels.                        Rules of Practice and Procedure, a                      form and place at Cove Point’s main
   Columbia Gulf proposes to replace the            hearing will be held without further                    office at 2800 Post Oak Boulevard in
existing compressor unit with a Solar               notice before the Commission or its                     Houston, Texas.
Mars 100–T15000S turbine driven                     designee on this Application if no                         Any person desiring to protest this
compressor unit, to be designated as                petition to intervene is filed within the               filing should file a protest with the
Columbia Gulf’s Unit 108, with a rating             time required herein, if the Commission                 Federal Energy Regulatory Commission,
of 14,470 HP. Columbia Gulf asserts that            on its own review of the matter finds                   888 First Street, NE., Washington, DC
the construction of the new unit will be            that a grant of the abandonment is                      20426, in accordance with Section
within the existing compressor station              required by the public convenience and                  385.211 of the Commission’s Rules and
site and the replacement will not change            necessity. If a petition for leave to                   Regulations. All such protests must be
the design day/certificated capacity of             intervene is timely filed, or if the                    filed as provided in Section 154.210 of
2,156,334 Mmcf/d winter, and 2,056,334              Commission, on its own motion believes                  the Commission’s Regulations. Protests
Mmcf/d summer.                                      that a formal hearing is required, further              will be considered by the Commission
   Columbia Gulf states that the                    notice of such hearing will be duly                     in determining the appropriate action to
proposed construction is estimated to               given.                                                  be taken, but will not serve to make
cost $13,000,000 and the associated net               Under the procedure herein provided                   protestants parties to the proceedings.
debit to accumulated provision for                  for, unless otherwise advised, it will be               Copies of this filing are on file with the
depreciation for the abandonment is                 unnecessary for Applicant to appear or                  Commission and are available for public
$1,702,000. Columbia Gulf asserts that              be represented at the hearing.                          inspection in the Public Reference
upon completion of the construction,                                                                        Room. This filing may be viewed on the
the existing unit will be removed.                  David P. Boergers,
                                                                                                            web at http://www.ferc.fed.us/online/
Columbia Gulf states that the proposed              Secretary.
                                                                                                            rims.htm (call 202–208–2222 for
age and condition replacement qualifies             [FR Doc. 00–21604 Filed 8–23–00; 8:45 am]               assistance).
for rolled-in rate treatment under the              BILLING CODE 6717–01–M
Commission’s Pricing Policy for New                                                                         David P. Boergers,
and Existing Facilities Constructed by                                                                      Secretary.
Interstate Natural Gas Pipelines, 71                DEPARTMENT OF ENERGY                                    [FR Doc. 00–21594 Filed 8–23–00; 8:45 am]
FERC Paragraph 61,241 (1995) (Pricing                                                                       BILLING CODE 6717–01–M
Policy Statement) as interpreted by the             Federal Energy Regulatory
Commission in Columbia Gas                          Commission
Transmission Corp., 75 FERC Paragraph               [Docket No. RP00–389–001]                               DEPARTMENT OF ENERGY
61,158 (1996). Therefore, Columbia Gulf
requests all project costs should be                Cove Point LNG Limited Partnership;                     Federal Energy Regulatory
permitted rolled-in treatment in                    Notice of Tariff Filing                                 Commission
Columbia Gulf’s next rate case.
   Any questions regarding the                      August 18, 2000.
                                                                                                            [Docket No. CP00–437–000]
application should be directed to Lee M.               Take notice that on August 15, 2000,
Beckett, Counsel at (713) 267–4741                  Cove Point LNG Limited Partnership                      El Paso Natural Gas Company;
(voice) and (713) 267–4755 (telecopier),            (Cove Point) tendered for filing                        Application
Columbia Gulf Transmission Company,                 Substitute Original Sheet No. 7 to
2603 Augusta, Suite 125, Houston,                   Second Revised Volume No. 1 of its                      August 18, 2000.
Texas 77057–5637.                                   FERC Gas Tariff. The proposed effective                   Take notice that on August 11, 2000,
   Any person desiring to be heard or to            date of the enclosed tariff sheet is June               El Paso Natural Gas Company (El Paso),
make any protest with reference to said             14, 2000.                                               a Delaware corporation, whose mailing
Application should on or before                        Cove Point states that the purpose of                address is Post Office Box 1492, El Paso,
September 8, 2000, file with the Federal            the instant filing is to replace the tariff             Texas, 79978, filed an application at
Energy Regulatory Commission, 888                   sheet accepted by a letter order issued                 Docket No. CP00–437–000, pursuant to
First Street, N.E., Washington, D.C.                August 8, 2000 which was inadvertently                  Sections 7(b) of the Natural Gas Act
20426, a motion to intervene or a protest           filed in the referenced docket without                  (NGA) and Sections 157.7, et seq., of the
in accordance with the requirements of              reflecting Cove Point’s fuel retainage                  Federal Energy Regulatory
the Commission’s Rules of Practice and              percentages accepted by the letter order                Commission’s (Commission)
Procedure (18 CFR 385.211 or 18 CFR                 issued March 24, 2000 in Docket No.                     Regulations under the NGA, for
385.214) and the Regulations under the              RP00–210–000. In order to reflect the                   permission and approval to transfer to
Natural Gas Act (18 CFR 157.10). All                correct fuel retainage percentages, Cove                El Paso Field Services Company (Field
protests filed with the Commission will             Point is submitting Substitute Original                 Services) certain existing compression
be considered by it in determining the              Sheet No. 7 to replace the current                      facilities, with appurtenant facilities,
appropriate action to be taken but will             effective Original Sheet No. 7.                         and the related service at the Waha
not serve to make the protestants parties              Cove Point respectfully requests that                Compressor Station located in Reeves
to the proceedings. Any person wishing              the Commission grant a waiver of the                    County, Texas, all as more fully set forth
to become a party to a proceeding or to             notice requirements in Section 154.207                  in the application which is on file with
participate as a party in any hearing               of its regulations, and any other waivers               the Commission and open to public
therein must file a motion to intervene             that may be necessary, in order that the                inspection. This filing may be viewed
in accordance with the Commission’s                 tariff sheets be made effective as                      on the web at http://www.ferc.fed.us/
Rules.                                              proposed herein.                                        online/rims.htm (call 202–208–2222).


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51598                    Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

   El Paso requests expedited treatment             compressor unit, comprising a total of                  proceeding or to participate as a party
of the abandonment application to                   26,250 ISO horsepower; and (2)                          in any hearing therein must file a
facilitate the transfer of the subject              interconnecting drive units, with                       motion to intervene in accordance with
compression facilities and to provide for           appurtenant piping and related                          the Commission’s Rules.
a seamless operational transition.                  equipment (Waha Field Compression                          A person obtaining intervenor status
   El Paso indicates that on November               Facilities). As a consequence, El Paso
10, 1999, the Commission issued an                                                                          will be placed on the service list
                                                    states that it does not desire to own and
order in response to the Williams Field                                                                     maintained by the Commission and will
                                                    operate these Waha Field Compression
Services Group, Inc. (Williams)                     Facilities as ‘‘gathering facilities’’ since            receive copies of all documents filed by
compliant at Docket No. RP99–471–000.               the ownership and operation of the                      the Applicant and by every one of the
El Paso also indicates that the                     gathering facilities by El Paso would not               intervenors. An intervenor can file for
Commission found that the ‘‘A’’ Plant at            be consistent with its past corporate                   rehearing of any Commission order and
El Paso’s Blanco Compressor Station in              restructuring which involved the spin-                  can petition for court review of any such
San Juan County, New Mexico was                     down of gathering facilities to Field                   order. However, an intervenor must
properly functionalized as a                        Services.                                               submit copies of comments or any other
transmission facility, but the ‘‘C’’ and               El Paso says that it believes that the               filing it makes with the Commission to
‘‘D’’ Plants, which El Paso had                     abandonment of these compression                        every other intervenor in the
functionalized as transmission facilities,          facilities by transfer to Field Services                proceeding, as well as 14 copies with
were in fact performing primarily a                 will provide for a smooth, seamless                     the Commission.
gathering function. Further, El Paso                transition of services without any                         A person does not have to intervene,
indicates that subsequently, in an Order            interruption in service or rate stacking,               however, in order to have comments
Denying Rehearing issued on April 25,               which would occur if the compression
                                                                                                            considered. A person, instead, may
2000, the Commission denied all                     facilities were acquired by a third party.
                                                                                                            submit two copies of comments to the
requests for rehearing.                             Further, El Paso says that such
   In recognition of the Commission’s                                                                       Secretary of the Commission.
                                                    abandonment is consistent with El
analysis, orders, and counsel in the                Paso’s spin-down of facilities to Field                 Commenters will be placed on the
Blanco Complaint Proceeding at Docket               Services, which was approved by the                     Commission’s environmental mailing
No. RP99–471–000, El Paso states that it            Commission at Docket No. CP94–183–                      list, will receive copies of the
has evaluated the existing compression              000. Finally, El Paso says that it is El                environmental documents and will be
facilities at its Waha Compressor                   Paso’s understanding that upon transfer                 able to participate in meetings
Station. Additionally, El Paso states that          of the Waha Field Compression                           associated with the Commission’s
certain shippers on El Paso’s system                Facilities, Field Services will continue                environmental review process.
expressed concerns regarding the                    to deliver the same volumes of natural                  Commenters will not be required to
functionalization of facilities and the             gas at the required mainline pressure at                serve copies of filed documents on all
allocation of costs for the Waha                    the existing custody transfer point                     other parties. However, commenters
Compressor Station. El Paso submits                 immediately downstream of the Saha                      will not receive copies of all documents
that those shippers raised concerns                 Treating Plant.                                         filed by other parties or issued by the
similar to those raised in Docket No.                  El Paso says that it will continue to                Commission and will not have the right
RP99–471–000, i.e., that El Paso should             own and cause the operation of its                      to seek rehearing or appeal the
have functionalized and spundown                    remaining compression facilities located                Commission’s final order to a federal
additional facilities and costs to El               at the Waha Compressor Station for                      court.
Paso’s gathering affiliate. In response to          jurisdictional transmission service.
those concerns, and based on El Paso’s                 Any questions regarding the                             The Commission will consider all
subsequent review of the facilities and             application should be directed to Mr.                   comments and concerns equally,
operations at the Waha Compressor                   A.W. Clark, Vice President, El Paso                     whether filed by commenters or those
Station, El Paso says that it has agreed            Natural Gas Company, Post Office Box                    requesting intervenor status.
certain changes to the functionalization            1492, El Paso, Texas 79978 at (915) 496–                   Take further notice that, pursuant to
of the facilities at the Waha Compressor            2600.                                                   the authority contained in and subject to
Station are appropriate. El Paso states                Any person desiring to be heard or to                the jurisdiction conferred upon the
that it has determined that certain                 make any protest with reference to said                 Federal Energy Regulatory Commission
compressor facilities at the Waha                   document should, on or before                           by Sections 7 and 15 of the Natural Gas
Compressor Station possess a similar                September 8, 2000, file with the Federal                Act and the Commission’s Rules of
physical configuration to the Blanco                Energy Regulatory Commission,                           Practice and Procedure, a hearing will
‘‘C’’ and ‘‘D’’ Plants (i.e., located               Washington, D.C., 20426, a protest or                   be held without further notice before the
upstream of transmission facilities                 motion to intervene in accordance with                  Commission or its designee on this
delivering directly into the mainline),             the requirements of Rule 211 or 214 of
                                                                                                            application if no motion to intervene is
operate at similar pressures (150 to 300            the Commission’s Rules of Practice and
                                                                                                            filed within the time required herein, if
psia) and provide similar services as the           Procedure (18 CFR 385.211 or 385.214)
                                                                                                            the Commission on its own review of
Blanco ‘‘C’’ and ‘‘D’’ Plants (i.e., field          and the Regulations under the Natural
                                                                                                            the matter finds that a grant of the
related services vs. transmission related           Gas Act (18 CFR 157.10). All protests
                                                                                                            certificate is required by public
services).                                          filed with the Commission will be
   Specifically, El Paso submits that it            considered by it in determining the                     convenience and necessity. If a motion
has determined the following facilities             appropriate action to be taken but will                 for leave to intervene is timely filed, or
at the Waha Compressor Station to be                not serve to make the protestants parties               if the Commission on its own motion
consistent with the Commission’s                    to the proceeding. The Commission’s                     believes that a formal hearing is
findings for the Blanco ‘‘C’’ and ‘‘D’’             Rules require that protestors provide                   required, further notice of such hearing
Plants (performing primarily a gathering            copies of their protests to the party or                will be duly given.
service): (1) One General Electric Frame            parties directly involved. Any person                      Under the procedures herein provided
5 Gas Turbine and one ‘‘sour gas’’                  wishing to become a party to a                          for, unless otherwise advised, it will be


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51599

unnecessary for El Paso to appear or be              approval of Green Valley’s issuances of                 rims.htm (call 202–208–2222 for
represented at the hearing.                          securities or assumptions of liability.                 assistance).
                                                       Notice is hereby given that the
David P. Boergers,                                                                                           David P. Boergers,
                                                     deadline for filing motions to intervene
Secretary.                                           or protests, as set forth above, is                     Secretary.
[FR Doc. 00–21603 Filed 8–23–00; 8:45 am]            September 18, 2000.                                     [FR Doc. 00–21597 Filed 8–23–00; 8:45 am]
BILLING CODE 6717–01–M                                 Copies of the full text of the Order are              BILLING CODE 6717–01–M
                                                     available from the Commission’s Public
                                                     Reference Branch, 888 First Street, NE.,
DEPARTMENT OF ENERGY                                 Washington, DC 20426. The Order may                     DEPARTMENT OF ENERGY

Federal Energy Regulatory                            also be viewed on the Internet at http:/                Federal Energy Regulatory
Commission                                           /www.ferc.fed.us/online/rims.htm (call                  Commission
                                                     202–208–2222 for assistance).
                                                                                                             [Docket No. EL00–99–000]
[Docket No. ER00–2924–000 and ER00–                  David P. Boergers,
2924–001]                                            Secretary.                                              Maine Public Utilities Commission,
                                                     [FR Doc. 00–21662 Filed 8–23–00; 8:45 am]               Complainant v. ISO New England, Inc.
Green Valley Hydro, LLC; Notice of                   BILLING CODE 6717–01–M                                  Respondent; Notice of Complaint
Issuance of Order
                                                                                                             August 18, 2000.
August 18, 2000.                                                                                                Take notice that on August 17, 2000,
                                                     DEPARTMENT OF ENERGY
   Green Valley Hydro, LLC (Green                                                                            the Maine Public Utilities Commission
Valley) submitted for filing a rate                  Federal Energy Regulatory                               (MPUC), tendered for filing a complaint
schedule under which Green Valley will               Commission                                              under sections 206 and 306 of the
engage in wholesale electric power and                                                                       Federal Power Act petitioning the
energy transactions at market-based                  [Docket No. RP00–359–001]                               Commission for an order directing ISO
rates. Green Valley also requested                                                                           New England (ISO–NE) to recalculate
waiver of various Commission                         Koch Gateway Pipeline Company;                          the clearing price of Energy for Trading
regulations. In particular, Green Valley             Compliance Filing                                       Intervals 13–17 on May 8, 2000 to
requested that the Commission grant                                                                          exclude the bid price for energy
blanket approval under 18 CFR Part 34                August 18, 2000.
                                                                                                             purchased from a supplier in New York
of all future issuances of securities and               Take notice that on August 11, 2000,
                                                                                                             State under an ICAP-Energy 2 bilateral
assumptions of liability by Green                    Koch Gateway Pipeline Company
                                                                                                             contract. The complaint alleges that the
Valley.                                              (Koch) tendered for filing as part of its
                                                                                                             clearing price resulting from ISO–NE’s
   On August 17, 2000, pursuant to                   FERC Gas Tariff, Volume No. 1, the
                                                                                                             inclusion of the referenced external
delegated authority, the Director,                   following tariff sheets, to become
                                                                                                             contract as a qualifying source resulted
Division of Corporate Applications,                  effective July 31, 2000.
                                                                                                             in a market clearing price inconsistent
Office of Markets, Tariffs and Rates,                Fifth Revised Volume No. 1                              with Market Rules 4 and 5 and
granted requests for blanket approval                Substitute Fourth Revised Sheet No. 4000                Operating Procedure 9 and, thus, in
under Part 34, subject to the following:             Substitute Second Revised Sheet No. 4001
                                                                                                             violation of the field rate doctrine.
   Within thirty days of the date of the             Substitute Original Sheet No. 4002
                                                                                                             Alternatively, the complaint argues, the
order, any person desiring to be heard                  Koch states that it filed the above                  $6000 clearing price is in violation of
or to protest the blanket approval of                reference tariff sheets in compliance                   the filed rate because the ISO did not
issuances of securities or assumptions of            with the Commission’s Order Accepting                   fulfill it obligation under Market Rule
liability by Green Valley should file a              Tariff Sheets, Subject to Conditions,                   17 to monitor and mitigate where
motion to intervene or protest with the              issued on July 26, 2000, in Docket No.                  appropriate to ensure that the markets
Federal Energy Regulatory Commission,                RP00–359. The proposed tariff changes                   function properly. For this reason, the
888 First Street, NE., Washington, DC                allow for an Internet auction process                   compliant requests that the clearing
20426, in accordance with Rules 211                  created for its Interruptible Storage                   price be recalculated to substitute a
and 214 of the Commission’s Rules of                 Service (ISS) and its Parking and                       default bid that the ISO should have
Practice and Procedure (18 CFR 385.211               Lending Service (PAL).                                  imposed, such as the $1100/MWh
and 385.214).                                           Any person desiring to protest this                  clearing price identified in its June 12,
   Absent a request for hearing within               filing should file a protest with the                   2000 emergency rule filing.
this period, Green Valley is authorized              Federal Energy Regulatory Commission,                      In addition, the MPUC complains that
to issue securities and assume                       888 First Street, NE., Washington, DC                   Market Rule 15 is no longer just and
obligations or liabilities as a guarantor,           20426, in accordance with Section                       reasonable and proposes revisions to
endorser, surety, or otherwise in respect            385.211 of the Commission’s Rules and                   Market Rule 15 to restore the ISO’s
of any security of another person;                   Regulations. All such protests must be                  ability to identify and correct, within a
provided that such issuance or                       filed as provided in Section 154.210 of                 limited time frame, prices that result
assumption is for some lawful object                 the Commission’s Regulations. Protests                  from market design flaws.
within the corporate purposes of the                 will be considered by the Commission                       Any person desiring to be heard or to
applicant, and compatible with the                   in determining the appropriate action to                protest such filing should file a motion
public interest, and is reasonably                   be taken, but will not serve to make                    to intervene or protest with the Federal
necessary or appropriate for such                    protestants parties to the proceedings.                 Energy Regulatory Commission, 888
purposes.                                            Copies of this filing are on file with the              First Street, N.E., Washington, D.C.
   The Commission reserves the right to              Commission and are available for public                 20426, in accordance with Rules 211
require a further showing that neither               inspection in the Public Reference                      and 214 of the Commission’s Rules of
public nor private interests will be                 Room. This filing may be viewed on the                  Practice and Procedure (18 CFR 385.211
adversely affected by continued                      web at http://www.ferc.fed.us/online/                   and 385.214). All such motions and


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51600                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

protests should be filed on or before                rims.htm (call 202–208–2222 for                         rims.htm (call 202–208–2222 for
September 7, 2000. Protests will be                  assistance).                                            assistance).
considered by the Commission to
                                                     David P. Boergers,                                      David P. Boergers,
determine the appropriate action to be
                                                     Secretary.                                              Secretary.
taken, but will not serve to make
                                                     [FR Doc. 00–21599 Filed 8–23–00; 8:45 am]               [FR Doc. 00–21596 Filed 8–23–00; 8:45 am]
protestants parties to the proceedings.
                                                     BILLING CODE 6717–01–M                                  BILLING CODE 6717–01–M
Any person wishing to become a party
must file a motion to intervene. Copies
of this filing are on file with the                  DEPARTMENT OF ENERGY                                    DEPARTMENT OF ENERGY
Commission and are available for public
inspection. This filing may also be                  Federal Energy Regulatory                               Federal Energy Regulatory
viewed on the Internet at http://                    Commission                                              Commission
www.ferc.fed.us/online/rims.htm (call
202–208–2222 for assistance). Answers                [Docket No. RP00–363–002]                               [Docket No. RP00–370–001]
to the complaint shall also be due on or             Natural Gas Pipeline Company of
before September 7, 2000.                                                                                    Northern Natural Gas Company; Notice
                                                     America; Notice of Compliance Filing                    of Compliance Fling
Linwood A. Watson, Jr.,
                                                     August 18, 2000.                                        August 18, 2000.
Acting Secretary.                                       Take notice that on August 11, 2000,                    Take notice that Northern Natural Gas
[FR Doc. 00–21663 Filed 8–23–00; 8:45 am]            Natural Gas Pipeline Company of                         Company (Northern), on August 11,
BILLING CODE 6717–01–M                               America (Natural) tendered for filing to                2000, tendered for filing in its F.E.R.C.
                                                     be part of its FERC Gas Tariff, Sixth                   Gas Tariff, Fifth Revised Volume No. 1,
                                                     Revised Volume No. 1, certain tariff                    the following tariff sheet proposed to be
DEPARTMENT OF ENERGY                                 sheets to be effective August 1, 2000.                  effective June 30, 2000:
                                                        Natural states that these tariff sheets
Federal Energy Regulatory                            were filed in compliance with the                       Fifth Revised Volume No. 1
Commission                                           Federal Energy Regulatory                               Substitute Third Revised Sheet No. 299A
                                                     Commission’s (Commission) ‘‘Order                          The purpose of this filing is to comply
[Docket No. RP99–190–002]                            Accepting and Suspending Tariff Sheets                  with the Commission’s Order issued on
                                                     Subject to Conditions’’ issued July 27,                 July 28, 2000 in Docket RP00–370–000.
National Fuel Gas Distribution                       2000 in Docket No. RP00–363–000                         Northern is filing the revised tariff sheet
Corporation; Compliance Filing                       (Order) related to Natural’s                            to clarify that the highest rate a Shipper
                                                     implementation of new Rate Schedule                     must match to continue its service
August 18, 2000.
                                                     FFTS (Flexible Firm Transportation                      agreement is the maximum tariff rate.
   Take notice that on July 31, 2000,                Service).                                                  Northern further states that copies of
National Fuel Gas Distribution                          Natural requests waiver of the                       the filing have been mailed to each of
Corporation (Distribution) filed a report            Commission’s Regulations to the extent                  its customers and interested State
to comply with a Commission order                    necessary to permit the tariff sheets                   Commissions.
issued March 30, 2000 in Docket No.                  submitted herein to become effective                       Any person desiring to protest this
RP99–190–001. The filing reports on                  August 1, 2000, consistent with the                     filing should file a protest with the
Distribution’s efforts to develop new                Order.                                                  Federal Energy Regulatory Commission,
facilities and services that do not                     Natural states that copies of the filing             888 First Street, N.E., Washington, D.C.
require waiver of the Commission’s                   have been mailed to all parties set out                 20426, in accordance with Section
shipper must have title policy.                      on the Commission’s official service list               385.211 of the Commission’s Rules and
                                                     in Docket No. RP00–363.                                 Regulations. All such protests must be
   Any person desiring to protest this
                                                        Any person desiring to protest this                  filed as provided in Section 154.210 of
filing should file a protest with the                filing should file a protest with the
Federal Energy Regulatory Commission,                                                                        the Commission’s Regulations. Protests
                                                     Federal Energy Regulatory Commission,                   will be considered by the Commission
888 First Street, NE, Washington, DC                 888 First Street, N.E., Washington, D.C.                in determining the appropriate action to
20426, in accordance with Section                    20426, in accordance with Section                       be taken, but will not serve to make
385.211 of the Commission’s Rules and                385.211 of the Commission’s Rules and                   protestants parties to the proceedings.
Regulations. All such protests must be               Regulations. All such protests must be                  Copies of this filing are on file with the
filed as provided in Section 154.210 of              filed as provide din Section 154.210 of                 Commission and are available for public
the Commission’s Regulations. Protests               the Commission’s Regulations. Protests                  inspection in the Public Reference
will be considered by the Commission                 will be considered by the Commission                    Room. This filing may be viewed on the
in determining the appropriate action to             in determining the appropriate action to                web at http://www.ferc.fed.us/online/
be taken, but will not serve to make                 be taken, but will not serve to make                    rims.htm (call 202–208–2222 for
protestants parties to the proceedings.              protestants parties to the proceedings.                 assistance).
Copies of this filing are on file with the           Copies of this filing are on file with the
Commission and are available for public              Commission and are available for public                 David P. Boergers,
inspection in the Public Reference                   inspection in the Public Reference                      Secretary.
Room. This filing may be viewed on the               Room. This filing may be viewed on the                  [FR Doc. 00–21595 Filed 8–23–00; 8:45 am]
web at http://www.ferc.fed.us/online/                web at http://www.ferc.fed.us/online/                   BILLING CODE 6717–01–M




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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                       51601

DEPARTMENT OF ENERGY                                 interpreted as limiting shipper’s rights                   substantial competitive harm if
                                                     of reduction in the ROFR process.                          disclosed. Accordingly, FGT and ENA
Federal Energy Regulatory                               Any person desiring to protest this                     request that the Commission treat their
Commission                                           filing should file a protest with the                      respective filings and the information
                                                     Federal Energy Regulatory Commission,                      contained therein as confidential and
[Docket No. RP00–212–002]                            888 First Street, NE., Washington, DC                      proprietary and not disclose such
                                                     20426, in accordance with Section                          information, or require FGT or ENA to
NUI Corporation (City Gas Company of                 385.211 of the Commission’s Rules and                      disclose such information to third
Florida Division) v. Florida Gas                     Regulations. All such protests must be                     parties pursuant to § 388.112 of the
Transmission Company; Notice of                      filed as provided in Section 154.210 of                    Commission’s Regulations.
Proposed Compliance Filing                           the Commission’s Regulations. Protests                        It is not clear from the filings whether
                                                     will be considered by the Commission                       FGT or ENA has served a redacted copy
August 18, 2000.
                                                     in determining the appropriate action to                   of their filings on the parties to the
   Take notice that on August 14, 2000,              be taken, but will not serve to make                       proceeding. As set forth in
Florida Gas Transmission Company                     protestants parties to the proceedings.                    § 385.213(c)(5)(ii) of the Commission’s
(‘‘FGT’’) tendered for filing to become              Copies of this filing are on file with the                 regulations, FGT and ENA must provide
part of its FERC Gas Tariff, Third                   Commission and are available for public                    a redacted copy of its filing without the
Revised Volume No. 1 (‘‘Tariff’’)                    inspection in the Public Reference                         privileged information to all parties on
effective August 25, 2000, the following             Room. This filing may be viewed on the                     the official service list. In addition, both
tariff sheets:                                       web at http://www.ferc.fed.us/online/                      FGT and ENA must provide each party
Substitute First Revised Sheet No. 186               rims.htm (call 202–208–2222 for                            with a proposed form of protective
Substitute Fifth Revised Sheet No. 187               assistance).                                               agreement.
   FGT states that on March 8, 2000, NUI                                                                           Under the July 14, 2000 order, parties
                                                     David P. Boergers,
Corporation (City Gas Company of                                                                                were to have thirty days from the date
                                                     Secretary.                                                 of the filings within which to file a
Florida Division) (NUI) filed a
                                                     [FR Doc. 00–21598 Filed 8–23–00; 8:45 am]                  response to the FGT and ENA filings.
complaint contending that FGT violated
applicable Commission policy, as well                BILLING CODE 6717–01–M                                     The time period will be extended to
as FGT’s tariff, by not permitting NUI to                                                                       October 13, 2000 to permit sufficient
reduce its contract demand selectively                                                                          time to execute protective agreements
                                                     DEPARTMENT OF ENERGY                                       and review the filings. Copies of these
by season in matching a bid submitted
under FGT’s Right-of-First-Refusal                                                                              filings are on file with the Commission
                                                     Federal Energy Regulatory
(‘‘ROFR’’) procedures. Subsequently, on                                                                         and are available for public inspection
                                                     Commission
July 14, 2000, the Commission issued an                                                                         in the Public Reference Room. This
order in the referenced docket (‘‘July 14            [Docket No. RP00–212–003]                                  filing may be viewed on the web at
Order’’) requiring FGT to clarify                                                                               http://www.ferc.fed.us/online/rims.htm
                                                     NUI Corporation (City of Gas Company                       (Call 202–208–2222 for assistance).
shippers’ rights to uniformly reduce                 of Florida Division) v. Florida Gas
contract demand when exercising their                Transmission Company; Notice of                            Linwood A. Watson, Jr.,
ROFR rights. In compliance with the                  Filings                                                    Acting Secretary.
Commission’s July 14 Order, on July 27,                                                                         [FR Doc. 00–21665 Filed 8–23–00; 8:45 am]
2000, FGT filed tariff sheets (‘‘July 27             August 21, 2000.
                                                                                                                BILLING CODE 6717–01–M
Filing’’) adding tariff language allowing              Take notice that on August 14, 2000,
shippers exercising ROFR rights to                   Florida Gas Transmission Company
reduce contract demand by either a                   (FGT), and Enron North America Corp.                       DEPARTMENT OF ENERGY
uniform percentage reduction for each                (ENA) each tendered for filing in the
season or by the same absolute volume                above referenced docket to comply with                     Federal Energy Regulatory
amount in each season.                               the requests for information in the                        Commission
   In response to FGT’s filing, several              Commission’s Order on Complaint,
                                                                                                                [Docket No. ER00–3109–000]
shippers protested FGT’s inclusion in                Requiring Tariff Filing, And Requiring
proposed tariff language the phrase                  Filing of Information (Order on                            NYSD Limited Partnership, et al.;
‘‘that does not require its entire contract          Complaint) issued on July 14, 2000, in                     Notice of Issuance of Order
quantities to serve its core customers.’’            this proceeding.1
The protesting shippers stated that the                FGT and ENA filed information                            August 18, 2000.
phase was ambiguous, limited the rights              relating to ENA’s need for capacity on                        NYSD Limited Partnership, et al.
of certain shippers to reduce their                  the FGT system and ENA’s decision to                       (NYSD) submitted for filing a rate
contract quantities and was beyond the               submit a bid on an expiring contract of                    schedule under which NYSD will
scope of the Commission’s Order. FGT                 NUI Corporation (City Gas Company of                       engage in wholesale electric power and
states that it did not intend to limit the           Florida Division) (NUI) during the right-                  energy transactions at market-based
rights of shippers in the ROFR process               of-first-refusal process.                                  rates. NYSD also requested waiver of
in any way, but included this phrase as                FGT and ENA both request privileged                      various Commission regulations. In
a result of the issues raised in the NUI             and confidential treatment for some of                     particular, NYSD requested that the
complaint proceeding. However, after                 the filed information because they assert                  Commission grant blanket approval
reviewing the protests, FGT states that              the information sought relates to both                     under 18 CFR Part 34 of all future
it agrees that the language could be                 FGT’s and ENA’s on-going business and                      issuances of securities and assumptions
interpreted as limiting ROFR rights. In              personnel matters and, therefore, is                       of liability by NYSD.
the instant filing, FGT states that it is            proprietary and sensitive and would                           On August 17, 2000, pursuant to
refiling tariff language to comply with              cause FGT, or its customers, and ENA                       delegated authority, the Director,
the Commission’s July 14 Order, but                                                                             Division of Corporate Applications,
without the language that has been                      1 92   FERC ¶61,044 (2000).                             Office of Markets, Tariffs and Rates,


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51602                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

granted requests for blanket approval                Act (NGA) for permission and approval                   be held without further notice before the
under Part 34, subject to the following:             for Caprock to abandon certain pipeline                 Commission or its designee on this
   Within thirty days of the date of the             facilities located in Texas and                         application if no motion to intervene is
order, any person desiring to be heard               Oklahoma and for OkTex to acquire and                   filed within the time required herein, if
or to protest the blanket approval of                operate the same facilities, all as more                the Commission on its own review of
issuances of securities or assumptions of            fully set forth in the application on file              the matter finds that a grant of the
liability by NYSD should file a motion               with the Commission and open to                         certificate is required by the public
to intervene or protest with the Federal             public inspection. This filing may be                   convenience and necessity. If a motion
Energy Regulatory Commission, 888                    viewed on the web at http://                            for leave to intervene is timely filed, or
First Street, NE., Washington, DC 20426,             www.ferc.fed.us/online/htm (call 202–                   if the Commission on its own motion
in accordance with Rules 211 and 214                 208–2222 for assistance).                               believes that a formal hearing is
of the Commission’s Rules of Practice                   Caprock proposes to abandon the                      required, further notice of such hearing
and Procedure (18 CFR 385.211 and                    Beckham-Wheeler pipeline facilities by                  will be duly given.
385.214).                                            merger with OkTex. It is stated that the                   Under the procedure herein provided
   Absent a request for hearing within               facilities consist of 1.88 miles of 20-inch             for, unless otherwise advised, it will be
this period, NYSD is authorized to issue             pipeline and related facilities located in              unnecessary for Caprock or OkTex to
securities and assume obligations or                 Beckham County, Oklahoma, and                           appear or be represented at the hearing.
liabilities as a guarantor, endorser,                Wheeler County, Texas. It is explained
                                                     that following the merger Caprock will                  Linwood A. Watson, Jr.,
surety, or otherwise in respect of any
security of another person; provided                 cease to exist as a natural gas company,                Acting Secretary.
that such issuance or assumption is for              and that OkTex will be the surviving                    [FR Doc. 00–21666 Filed 8–23–00; 8:45 am]
some lawful object within the corporate              entity. It is asserted that following                   BILLING CODE 6717–01–M
purposes of the applicant, and                       transfer of the facilities to OkTex,
compatible with the public interest, and             Caprock will no longer have any
is reasonably necessary or appropriate               interstate facilities subject to regulation             DEPARTMENT OF ENERGY
for such purposes.                                   by the Commission, and that Caprock
                                                     will cancel all tariffs. It is further                  Federal Energy Regulatory
   The Commission reserves the right to
                                                     asserted that OkTex will operate the                    Commission
require a further showing that neither
public nor private interests will be                 facilities as part of its interstate system             [Docket No. CP00–440–000]
adversely affected by continued                      and will assume all service obligations
approval of NYSD’s issuances of                      and operational and economic                            Pacific Interstate Offshore Company;
securities or assumptions of liability.              responsibilities for the subject facilities.            Application
   Notice is hereby given that the                   Caprock and OkTex state that the
                                                     proposal will allow optimization of                     August 18, 2000.
deadline for filing motions to intervene                                                                        Take notice that on August 15, 2000,
or protests, as set forth above, is                  system operations and will improve
                                                     service to customers.                                   Pacific Interstate Offshore Company
September 18, 2000.                                                                                          (PIOC), 1021 Main, Suite 2100, Houston,
   Copies of the full text of the Order are             Any questions regarding the
                                                     application should be directed to C.                    Texas 77002, filed in Docket No. CP00–
available from the Commission’s Public                                                                       440–000 an application pursuant to
Reference Branch, 888 First Street, NE.,             Burnett Dunn, Attorney, at (918) 595–
                                                     4816 or Kathleen Mazure at (202) 467–                   Section 7(b) of the Natural Gas Act for
Washington, DC 20426. The Order may                                                                          permission and approval to abandon all
also be viewed on the Internet at http:/             6370, Ext. 1022.
                                                        Any person desiring to be heard or to                of its facilities and the services provided
/www.ferc.fed.us/online/rims.htm (call                                                                       through those facilities, all as more fully
                                                     make any protest with reference to said
202–208–2222 for assistance).                                                                                set forth in the application on file with
                                                     application should on or before
David P. Boergers,                                   September 11, 2000, file with the                       the Commission and open to public
Secretary.                                           Federal Energy Regulatory Commission,                   inspection. This filing may be viewed
[FR Doc. 00–21661 Filed 8–23–00; 8:45 am]            888 First Street, NE., Washington, DC                   on the web at http://www.ferc.fed.us/
BILLING CODE 6717–01–M
                                                     20426, a motion to intervene or a protest               online/htm (call 202–208–2222 for
                                                     in accordance with the requirements of                  assistance).
                                                     the Commission’s Rules of Practice and                     PIOC states that it currently operates
DEPARTMENT OF ENERGY                                 Procedure (18 CFR 385.214 or 385.211)                   facilities consisting of 8.4 miles of 12-
                                                     and the Regulations under the NGA (18                   inch pipeline, extending from the
Federal Energy Regulatory                            CFR 157.10). All protests filed with the                Platform Habitat in the Pitas Point Field,
Commission                                           Commission will be considered by it in                  in the Federal waters, offshore
                                                     determining the appropriate action to be                California, to a point onshore near
[Docket No. CP00–436–000]
                                                     taken but will not serve to make the                    Carpinteria, California, along with a
OneOk Caprock Pipeline Company,                      protestants parties to the proceedings.                 meter, regulator station, and
OkTex Pipeline Company; Notice of                    Any person wishing to become a party                    appurtenant facilities. It is indicated
Application                                          to a proceeding or to participate as a                  that PIOC offers transportation services
                                                     party in any hearing therein must file a                for shippers under its Part 284 blanket
August 21, 2000.                                     motion to intervene in accordance with                  certificate. PIOC indicates that as of
  Take notice that on August 11, 2000,               the Commission’s Rules.                                 September 1, 1999, Nuevo Energy
OneOk Caprock Pipeline Company                          Take further notice that, pursuant to                Company (Nuevo) acquired all of the
(Caprock), and OkTex Pipeline                        the authority contained in and subject to               issued and outstanding stock of PIOC
Company (OkTex), both at 100 West                    the jurisdiction conferred upon the                     from Sempra Energy, and that currently
Fifth Street, Tulsa, Oklahoma 74103,                 Federal Energy Regulatory Commission                    Nuevo, which owns all of the gas
tendered for filing in Docket No. CP00–              by Sections 7 and 15 of the Natural Gas                 produced at the platform and holds all
436–000 an application pursuant to                   Act and the Commission’s Rules of                       of the surrounding leases, is PIOC’s only
section 7(b) and (c) of the Natural Gas              Practice and Procedure, a hearing will                  shipper.


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51603

   PIOC states that Nuevo requires a                 DEPARTMENT OF ENERGY                                    determine the appropriate action to be
reliable and reasonably priced outlet for                                                                    taken, but will not serve to make
the gas produced at its Platform Habitat.            Federal Energy Regulatory                               protestants parties to the proceedings.
PIOC submits that, now that Nuevo, a                 Commission                                              Any person wishing to become a party
producer, owns the PIOC facilities, the                                                                      must file a motion to intervene. Copies
                                                     [Docket No. OR00–8–000]
primary function of the facilities is                                                                        of this filing are on file with the
gathering. PIOC has submitted a primary              Ultramar Diamond Shamrock                               Commission and are available for public
function analysis supporting its claim               Corporation and Ultramar Inc.,                          inspection. This filing may also be
that its facilities qualify as gathering             Complainants v. SFPP, L.P.,                             viewed on the Internet at http://
facilities exempt from jurisdiction under            Respondent; Notice of Complaint                         www.ferc.fed.us/online/rims.htm (call
Section 1(b) of the Natural Gas Act.                                                                         202–208–2222 for assistance).
   Any questions regarding the                       August 18, 2000.
                                                        Take notice that on August 17, 2000,                 Linwood A. Watson, Jr.,
application should be directed to Fred
Lindemann, Torch Operating Company,                  pursuant to Rule 206 of the                             Acting Secretary.
1221 Lamar, Suite 1600, Houston, Texas               Commission’s Rules of Practice and                      [FR Doc. 00–21660 Filed 8–23–00; 8:45 am]
77010 at (713) 753–1368.                             Procedure (18 CFR 385.206) and the                      BILLING CODE 6717–01–M
                                                     Procedural Rules Applicable to Oil
   Any person desiring to be heard or to
                                                     Pipeline Procedures (18 CFR 343.1(a)),
make any protest with reference to said
                                                     Ultramar Diamond Shamrock                               DEPARTMENT OF ENERGY
application should on or before                      Corporation and Ultramar Inc.
September 8, 2000, file with the Federal             (collectively referred to herein as                     Federal Energy Regulatory
Energy Regulatory Commission, 888                    Ultramar), tendered for filing a                        Commission
First Street, N.E., Washington, D.C.                 Complaint in the captioned proceeding.
20426, a motion to intervene or a protest            Ultramar alleges that SFPP, L.P. (SFPP)
in accordance with the requirements of               has violated and continues to violate the
                                                                                                             [Docket No. EC00–124–000, et al.]
the Commission’s Rules of Practice and               Interstate Commerce Act, 49 U.S.C. App
Procedure (18 CFR 385.214 or 385.211)                                                                        Hartford Power Sales, L.L.C., et al.;
                                                     1 et seq. by charging unjust and
and the Regulations under the National                                                                       Electric Rate and Corporate Regulation
                                                     unreasonable rates as it respects all of
Gas Act (18 CFR 157.10). All protests                                                                        Filings
                                                     SFPP’s jurisdictional interstate services
filed with the Commission will be                    associated with its East, West, North,                  August 17, 2000.
considered by it in determining the                  and Oregon Lines as more fully set forth
appropriate action to be taken but will              in the complaint.                                         Take notice that the following filings
not serve to make the protestants parties               Ultramar respectfully requests that the              have been made with the Commission:
to the proceedings. Any person wishing               Commission: (1) Examine SFPP’s
to become a party to a proceeding or to                                                                      1. Hartford Power Sales, L.L.C.
                                                     challenged rates and charges for all its
participate as a party in any hearing                jurisdictional interstate services and                  [Docket No. EC00–124–000]
therein must file a motion to intervene              declare that such rates and charges are
in accordance with the Commission’s                                                                            Take notice that on August 14, 2000,
                                                     unjust and unreasonable; (2) order                      Hartford Power Sales, L.L.C. filed an
Rules.                                               refunds and/or reparations to Ultramar,                 application for an order authorizing the
   Take further notice that, pursuant to             including appropriate interest thereon,
                                                                                                             proposed transfer of the Power Sales
the authority contained in and subject to            for the applicable refund and/or
                                                                                                             Agreement by and between HPS and
the jurisdiction conferred upon the                  reparation periods to the extent the
                                                                                                             The Connecticut Light and Power
Federal Energy Regulatory Commission                 Commission finds that such rates and
                                                                                                             Company to Select Energy, Inc.
by Sections 7 and 15 of the Natural Gas              charges are unlawful; (3) determine just,
Act and the Commission’s Rules of                    reasonable, and nondiscriminatory rates                   Comment date: September 13, 2000,
Practice and Procedure, a hearing will               for all of SFPP’s jurisdictional interstate             in accordance with Standard Paragraph
be held without further notice before the            services; (4) award Ultramar reasonable                 E at the end of this notice.
Commission or its designee on this                   attorney’s fees and costs; and (5) order
                                                                                                             2. Casco Bay Energy Company, LLC, et
application if no motion to intervene is             such other relief as may be appropriate.
                                                                                                             al.
filed within the time required herein, if               Ultramar states that it has served the
the Commission on its own review of                  Complaint on SFPP. Pursuant to Rule                     [Docket No. EC00–125–000]
the matter finds that a grant of the                 343.4 of the Commission’s Procedural
certificate is required by the public                Rules Applicable to Oil Pipeline                           Take notice that on August 14, 2000,
convenience and necessity. If a motion               Proceedings, SFPP’s response to this                    Casco Bay Energy Company, LLC, Duke
for leave to intervene is timely filed, or           Complaint is due within 30 days of the                  Energy Oakland, LLC, Duke Energy
if the Commission on its own motion                  filing of the Complaint.                                Trenton, LLC, Duke Energy South Bay,
believes that a formal hearing is                       Any person desiring to be heard or to                LLC, Duke Energy Morro Bay, LLC, and
required, further notice of such hearing             protest such filing should file a motion                Duke Energy Moss Landing, LLC
will be duly given.                                  to intervene or a protest with the                      (collectively the Applicants), filed a
                                                     Federal Energy Regulatory Commission,                   request for approval of the disposition
   Under the procedure herein provided                                                                       of jurisdictional assets that may result
for, unless otherwise advised, it will be            888 First Street, N.E., Washington, D.C.
                                                     20426, in accordance with Rules 211                     from the transfer of the Applicants’
unnecessary for PIOC to appear or be                                                                         limited liability company membership
represented at the hearing.                          and 214 of the Commission’s Rules of
                                                     Practice and Procedure (18 CFR 385.211                  interests among the Applicants’
David P. Boergers,                                   and 385.214). All such motions and                      upstream affiliates.
Secretary.                                           protests should be filed on or before                      Comment date: September 5, 2000, in
[FR Doc. 00–21601 Filed 8–23–00; 8:45 am]            September 7, 2000. Protests will be                     accordance with Standard Paragraph E
BILLING CODE 6717–01–M                               considered by the Commission to                         at the end of this notice.


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51604                    Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

3. Ameren Energy, Inc., on behalf of                Commission of Ohio, the Pennsylvania                    9. Tucson Electric Power Company
Union Electric Company d/b/a                        Public Utility Commission, the                          [Docket No. ER00–3410–000]
AmerenUE, et al.                                    Maryland Public Service Commission,
                                                    the Virginia State Corporation                             Take notice that on August 14, 2000,
[Docket No. EC00–126–000]                                                                                   Tucson Electric Power Company
                                                    Commission, and the West Virginia
   Take notice that on August 14, 2000,                                                                     tendered for filing one (1) umbrella
                                                    Public Service Commission.
Ameren Energy, Inc., on behalf of Union                                                                     service agreement (for short-term firm
Electric Company d/b/a AmerenUE                        Comment date: September 5, 2000, in                  service) pursuant to Part II of Tucson’s
(AmerenUE), Ameren Energy Generating                accordance with Standard Paragraph E                    Open Access Transmission Tariff,
Company (AEG), and Ameren Energy                    at the end of this notice.                              which was filed in Docket No. OA96–
Marketing Company (AEM) (collectively               6. Cinergy Services, Inc.                               140–000.
Applicants), filed an application                                                                              The details of the service agreement is
pursuant to section 203 of the Federal              [Docket No. ER00–3407–000]
                                                                                                            as follows:
Power Act (FPA), 16 U.S.C. 824b, and                   Take notice that on August 11, 2000,                    (1) Umbrella Agreement for Short-
Part 33 of the Commission’s regulations,            Cinergy Services, Inc. (Cinergy) and                    Term Firm Point-to-Point Transmission
requesting that the Commission approve              Cleco Utility Group, Inc. (CUG), are                    Service dated as of July 26, 2000 by and
the assignment of certain contracts                 requesting via a Notice of Assignment                   between Tucson Electric Power
between Ameren Energy, Inc. as agent                that CUG will replace Cleco Corporation                 Company and Arizona Public Service
for AmerenUE and AEM, so that such                  of Cinergy’s Market-Based Power Sales                   Company. Service commenced on July
assignment would result in AEG being                Tariff Original Volume No. 7-MB,                        26, 2000.
included with AmerenUE and AEM as                   Service Agreement No. 223, dated May                       Comment date: September 5, 2000, in
a principal under such contracts.                   3, 1999.                                                accordance with Standard Paragraph E
   Comment date: September 5, 2000, in                                                                      at the end of this notice.
                                                       Cinergy and CUG are requesting an
accordance with Standard Paragraph E
                                                    effective date of one day after filing.                 10. Otter Tail Power Company
at the end of this notice.
                                                       Comment date: September 5, 2000, in                  [Docket No. ER00–3411–000]
4. The FirstEnergy Operating                        accordance with Standard Paragraph E
Companies                                           at the end of this notice.                                 Take notice that on August 11, 2000,
[Docket Nos. ER97–412–005, ER97–413–004,
                                                                                                            Otter Tail Power Company (Otter Tail),
                                                    7. Cinergy Services, Inc.                               tendered for filing its tariff sheet that
ER98–1932–002 and ER97–413–001]
                                                    [Docket No. ER00–3409–000]                              indicates Otter Tail’s open access
   Take notice that on August 11, 2000,
                                                                                                            transmission tariff incorporates Mid-
the FirstEnergy Operating Companies                    Take notice that on August 11, 2000,                 Continent Area Power Pool’s (MAPP)
tendered for filing a Supplemental                  Cinergy Services, Inc., on behalf of its                revised Line Loading Relief procedures,
Refund Report to reflect additional                 Operating Company affiliates, The                       as discussed in MAPP’s, Docket Nos.
refunds made pursuant to the                        Cincinnati Gas & Electric Company and                   ER99–2469–001, et al.
Commission’s February 9, 2000 Letter                PSI Energy, Inc. (COC), tendered for
Order in this proceeding.                                                                                      Comment date: September 5, 2000, in
                                                    filing an executed service agreement                    accordance with Standard Paragraph E
   The FirstEnergy Operating Companies              between COC and TXU Energy Trading
state that a copy of the filing has been                                                                    at the end of this notice.
                                                    Company (TXU) replacing the
served on the customers receiving                   unexecuted service agreement filed on                   11. Ameren Energy Generating
supplemental refunds and the public                 April 16, 1999 under Docket No. ER99–                   Company
utilities commissions of Ohio and                   2511–000 per COC FERC Electric                          [Docket No. ER00–3412–000]
Pennsylvania.                                       Market-Based Power Sales Tariff,
   Comment date: September 1, 2000, in                                                                        Take notice that on August 14, 2000,
                                                    Original Volume No. 7-MB.
accordance with Standard Paragraph E                                                                        Ameren Energy Generating Company
at the end of this notice.                             COC is requesting an effective date of               (AEG) tendered for filing requests for:
                                                    May 1, 1999 and the same Rate                           (1) authorization to engage in the sale of
5. Allegheny Energy Service                         Designation as per the original filing.                 electric energy and capacity at market-
Corporation, on behalf of Monongahela                  Comment date: September 5, 2000, in                  based rates, which would permit direct
Power Company, et al.                               accordance with Standard Paragraph E                    accounting of transactions on AEG’s
[Docket No. ER00–3406–000]                          at the end of this notice.                              behalf consistent with approvals granted
  Take notice that on August 14, 2000,                                                                      in prior Commission orders; (2)
                                                    8. Cinergy Services, Inc.                               consistent with that authorization,
Allegheny Energy Service Corporation
on behalf of Monongahela Power                      [Docket No. ER00–3408–000]                              approval of the amendment to a
Company, The Potomac Edison                                                                                 previously approved power supply
                                                       Take notice that on August 11, 2000,
Company and West Penn Power                                                                                 agreement between AEG and Ameren
                                                    Cinergy Services, Inc. (Cinergy) and
Company (Allegheny Power), tendered                                                                         Energy Marketing Company; and (3)
                                                    Cleco Utility Group, Inc. (CUG), are
for filing a Service Agreement Nos. 321                                                                     certain blanket approvals and waivers of
                                                    requesting via a Notice of Assignment
and 322 to add NRG Power Marketing                                                                          certain regulations promulgated under
                                                    that CUG will replace Cleco Corporation
Inc. to Allegheny Power’s Open Access                                                                       the FPA.
                                                    of Cinergy’s Cost-Based Power Sales
Transmission Service Tariff which has                                                                         AEG seeks an effective date of August
                                                    Tariff Original Volume No. 6–CB,
been accepted for filing by the Federal                                                                     15, 2000, for the market-based rate
                                                    Service Agreement No. 220, dated May
Energy Regulatory Commission in                                                                             authorization and for the amended PSA,
                                                    3, 1999.
Docket No. ER96–58–000.                                                                                     and an effective date of May 1, 2000, for
  The proposed effective date under the                Cinergy and CUG are requesting an                    the requested waivers of the
Service Agreements is August 11, 2000               effective date of one day after filing.                 Commission’s informational and
or a date ordered by the Commission.                   Comment date: September 5, 2000, in                  reporting requirements.
  Copies of the filing have been                    accordance with Standard Paragraph E                      Copies of this filing were served on
provided to the Public Utilities                    at the end of this notice.                              the affected state utility commissions.


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51605

   Comment date: September 5, 2000, in               lands and waters—the leasing of 12                         i. FERC Contact: Any questions on
accordance with Standard Paragraph E                 parcels of land totaling 11.34 acres for                this notice should be addressed to Brian
at the end of this notice.                           existing and proposed marina facilities                 Romanek at (202) 219–3076, or e-mail
                                                     within Keowee Key, an existing 1,600-                   address: brian.romanek@ferc.fed.us.
12. Union Power Partners, L.P.                                                                                  j. Deadline for filing comments and/
                                                     acre residential community at Lake
[Docket No. ER00–3417–000]                           Keowee, and has prepared a Draft                        or motions: September 25, 2000.
   Take notice that on August 11, 2000,              Environmental Assessment (Draft EA)                        All documents (original and eight
Union Power Partners, L.P. (Union                    for the proposed and alternative actions.               copies) should be filed with David P.
Power), tendered for filing notice that                 Copies of the Draft EA can be viewed                 Boergers, Secretary, Federal Energy
effective August 12, 2000, FERC Electric             at the Commission’s Public Reference                    Regulatory Commission, 888 First
Rate Schedule No. 1, effective May 2,                Room, Room 2A, 888 First Street, NE,                    Street, NE, Washington, DC 20426.
2000, and filed with the Federal Energy              Washington, DC 20426, or by calling                        Please include the project number
Regulatory Commission is to be                       (202) 208–1371. The document also may                   (2232–411) on any comments or
canceled.                                            be viewed on the Web at                                 motions filed.
   Comment date: September 1, 2000, in               www.ferc.fed.us/online/rims.htm. Call                      k. Description of Proposal: Duke
accordance with Standard Paragraph E                 (202) 208–2222 for assistance.                          Energy Corporation proposes to lease to
                                                        Any comments on the Draft EA                         StoneWater Bay Properties LLC, 2.654
at the end of this notice.
                                                     should be filed within 30 days from the                 acres of project land for the construction
Standard Paragraphs                                  date of this notice and should be                       of 5 clustered boat docking facilities
  E. Any person desiring to be heard or              addressed to Dave Boergers, Secretary,                  with a total of 94 boat slips. The boat
to protest such filing should file a                 Federal Energy Regulatory Commission,                   slips would provide access to the
motion to intervene or protest with the              888 First Street, NE., Washington, DC                   reservoir for the off-water (or interior
Federal Energy Regulatory Commission,                20426. Please affix ‘‘Keowee Key Marina                 lot) residents of the StoneWater
888 First Street, N.E., Washington, D.C.             Faiclities, Project No. 2503–057’’ to the               Subdivision. One of the slips would be
20426, in accordance with Rules 211                  first page of your comments.                            equipped with a waste pump-out station
and 214 of the Commission’s Rules of                    For further information, please                      and fuel dispensing station. No dredging
Practice and Procedure (18 CFR 385.211               contact Jim Haimes, staff environmental                 is proposed.
and 385.214). All such motions or                    protection specialist, at (202) 219–2780                   l. Locations of the Application: A
protests should be filed on or before the            or at his E-mail address:                               copy of the application is available for
comment date. Protests will be                       james.haimes@ferc.fed.us.                               inspection and reproduction at the
considered by the Commission in                                                                              Commission’s Public Reference Room,
                                                     David P. Boergers,                                      located at 888 First Street, NE,
determining the appropriate action to be
taken, but will not serve to make
                                                     Secretary.                                              Washington, DC 20426, or by calling
protestants parties to the proceeding.               [FR Doc. 00–21593 Filed 8–23–00; 8:45 am]               (202) 208–1371. This filing may be
Any person wishing to become a party                 BILLING CODE 6717–01–M                                  viewed on http:www.ferc.fed.us/online/
must file a motion to intervene. Copies                                                                      rims.htm (call (202) 208–2222 for
of these filings are on file with the                                                                        assistance). A copy is also available for
Commission and are available for public              DEPARTMENT OF ENERGY                                    inspection and reproduction at the
inspection. This filing may also be                                                                          address in item h above.
                                                     Federal Energy Regulatory                                  m. Individuals desiring to be included
viewed on the Internet at http://                    Commission                                              on the Commission’s mailing list should
www.ferc.fed.us/online/rims.htm (call
                                                                                                             so indicate by writing to the Secretary
202–208–2222 for assistance).                        Non-Project Use of Project Lands and                    of the Commission.
David P. Boergers,                                   Waters and Soliciting Comments,                            Comments, Protests, or Motions to
Secretary.
                                                     Motions to Intervene, and Protests                      Intervene—Anyone may submit
[FR Doc. 00–21592 Filed 8–23–00; 8:45 am]            August 18, 2000.                                        comments, a protest, or a motion to
BILLING CODE 6717–01–P                                  Take notice that the following                       intervene in accordance with the
                                                     application has been filed with the                     requirements of Rules of Practice and
                                                     Commission and is available for public                  Procedure, 18 CFR 385.210, .211, .214.
DEPARTMENT OF ENERGY                                 inspection:                                             In determining the appropriate action to
                                                        a. Application Type: Non-Project Use                 take, the Commission will consider all
Federal Energy Regulatory                            of Project Lands and Waters.                            protests or other comments filed, but
Commission                                              b. Project No.: 2232–411.                            only those who file a motion to
                                                        c. Date Filed: July 5, 2000.                         intervene in accordance with the
[Project No. 2503–057]
                                                        d. Applicant: Duke Energy                            Commission’s Rules may become a
Duke Power Company; Notice of                        Corporation.                                            party to the proceeding. Any comments,
Availability of Draft Environmental                     e. Name of Project: Catawba-Wateree                  protests, or motions to intervene must
Assessment                                           Hydroelectric Project.                                  be received on or before the specified
                                                        f. Location: On Mountain Island Lake                 comment date for the particular
August 18, 2000.                                     at StoneWater Subdivision, in                           application.
   In accordance with the National                   Riverbend Township, Gaston County,                         Filing and Service of Responsive
Environmental Policy Act of 1969 and                 North Carolina. The project does not                    Documents—Any filings must bear in
the Federal Energy Regulatory                        utilize federal or tribal lands.                        all capital letters the title
Commission’s (Commission’s)                             g. Filed Pursuant to: Federal Power                  ‘‘COMMENTS’’,
regulations, the Office of Energy Projects           Act, 16 USC 791(a)–825(r).                              ‘‘RECOMMENDATIONS FOR TERMS
has reviewed the application filed                      h. Applicant Contact: Mr. E.M.                       AND CONDITIONS’’, ‘‘PROTEST’’, or
March 24, 2000, requesting the                       Oakley, Duke Energy Corporation, P.O.                   ‘‘MOTION TO INTERVENE’’, as
Commission approve an amendment of                   Box 1006 (EC12Y), Charlotte, NC                         applicable, and the Project Number of
license for the non-project use of project           28201–1006. Phone: (704) 382–5778.                      the particular application to which the


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51606                     Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices

filing refers. Any of the above-named                   All documents (original and eight                       Preliminary Permit—Any qualified
documents must be filed by providing                 copies) should be filed with: David P.                  development applicant desiring to file a
the original and the number of copies                Boergers, Secretary, Federal Energy                     competing development application
provided by the Commission’s                         Regulatory Commission, 888 First                        must submit to the Commission, on or
regulations to: The Secretary, Federal               Street, NE, Washington, D.C. 20426.                     before a specified comment date for the
Energy Regulatory Commission, 888                       The Commission’s Rules of Practice                   particular application, either a
First Street, NE, Washington, DC 20426.              and Procedure require all interveners                   competing development application or a
A copy of any motion to intervene must               filing documents with the Commission                    notice of intent to file such an
also be served upon each representative              to serve a copy of that document on                     application. Submission of a timely
of the Applicant specified in the                    each person in the official service list                notice of intent to file a development
particular application.                              for the project. Further, if an intervener              application allows an interested person
   Agency Comments—Federal, state,                   files comments or documents with the                    to file the competing application no
and local agencies are invited to file               Commission relating to the merits of an                 later than 120 days after the specified
comments on the described application.               issue that may affect the responsibilities              comment date for the particular
A copy of the application may be                     of a particular resource agency, they                   application. A competing license
obtained by agencies directly from the               must also serve a copy of the document                  application must conform with 18 CFR
Applicant. If an agency does not file                on that resource agency.                                4.30(b) and 4.36.
comments within the time specified for                  k. Description of Project: The                          Notice of intent—A notice of intent
filing comments, it will be presumed to              proposed project would consist of: (1) a                must specify the exact name, business
have no comments. One copy of an                     600-foot-long, 70-foot-high concrete                    address, and telephone number of the
agency’s comments must also be sent to               gravity dam; (2) an impoundment with                    prospective applicant, and must include
the Applicant’s representatives.                     a surface area of 400 acres and storage                 an unequivocal statement of intent to
                                                     capacity of 13,000 acre-feet, with                      submit, if such an application may be
David P. Boergers,                                   normal water surface elevation of 254                   filed, either a preliminary permit
Secretary.                                           feet msl; (3) an intake structure; (4) a                application or a development
[FR Doc. 00–21600 Filed 8–23–00; 8:45 am]            2.4-mile-long, 60-inch wood stave pipe;                 application (specify which type of
BILLING CODE 6717–01–M                               (5) a 0.3-mile-long concrete lined                      application). A notice of intent must be
                                                     tunnel; (6) a 0.3-mile-long, 48-inch                    served on the applicant(s) named in this
                                                     wood stave Pipe; (7) a 0.1-mile-long, 48-               public notice.
DEPARTMENT OF ENERGY                                 inch-diameter steel pipe; (8) a surge                      Proposed Scope of Studies under
                                                     tank; (9) a 2,300-foot-long, 48-inch-                   Permit—A preliminary permit, if issued,
Federal Energy Regulatory                            diameter steel penstock; (10) a                         does not authorize construction. The
Commission                                           powerhouse containing one generating                    term of the proposed preliminary permit
                                                     unit with an installed capacity of 1.7                  would be 36 months. The work
Notice of Application Accepted for                   MW; (11) a tailrace; (12) a 200-foot-long,              proposed under the preliminary permit
Filing and Soliciting Motions to                     115 kV transmission line; and (13)                      would include economic analysis,
Intervene, Protests, and Comments                    appurtenant facilities.                                 preparation of preliminary engineering
August 17, 2000.
                                                        The project would have an annual                     plans, and a study of environmental
                                                     generation of 10,800 NWh that would be                  impacts. Based on the results of these
  Take notice that the following                     sold to a local utility.                                studies, the Applicant would decide
hydroelectric application has been filed                l. A copy of the application is                      whether to proceed with the preparation
with the Commission and is available                 available for inspection and                            of a development application to
for public inspection:                               reproduction at the Commission’s                        construct and operate the project.
  a. Type of Application: Preliminary                Public Reference Room, located at 888                      Comments, Protests, or Motions to
Permit.                                              First Street, NE, Room 2A, Washington,                  Intervene—Anyone may submit
  b. Project No.: 11846–000.                         D.C. 20426, or by calling (202) 208–                    comments, a protest, or a motion to
  c. Date filed: July 17, 2000.                      1371. The application may be viewed on                  intervene in accordance with the
  d. Applicant: Ketchikan Electric                   http://www.ferc.fed.us/online/rims.htm                  requirements of Rules of Practice and
Company.                                             (call (202) 208–2222 for assistance). A                 Procedure, 18 CFR 385.210, .211, .214.
  e. Name of Project: Connell Lake                   copy is also available for inspection and               In determining the appropriate action to
Project.                                             reproduction at the address in item h                   take, the Commission will consider all
  f. Location: On Connell Lake and                   above.                                                  protests or other comments filed, but
Ward Creek, in Ketchikan Gateway                        Preliminary Permit—Anyone desiring                   only those who file a motion to
Borough, Alaska. The project would                   to file a competing application for                     intervene in accordance with the
utilize federal lands within Tongass                 preliminary permit for a proposed                       Commission’s Rules may become a
National Forest.                                     project must submit the competing                       party to the proceeding. Any comments,
  g. Filed Pursuant to: Federal Power                application itself, or a notice of intent to            protests, or motions to intervene must
Act, 16 USC 791(a)–825(r).                           file such an application, to the                        be received on or before the specified
  h. Applicant Contact: Robert S.                    Commission on or before the specified                   comment date for the particular
Grimm, President, Ketchikan Electric                 comment date for the particular                         application.
Company, P.O. Box 3222, Port                         application (see 18 CFR 4.36).                             Filing and Service of Responsive
Townsend, WA 98368, (360) 385–1733,                  Submission of a timely notice of intent                 Documents—Any filings must bear in
Ext 120.                                             allows an interested person to file the                 all capital letters the title
  i. FERC Contact: Robert Bell, (202)                competing preliminary permit                            ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT
219–2806.                                            application no later than 30 days after                 TO FILE COMPETING APPLICATION’’,
  j. Deadline for filing motions to                  the specified comment date for the                      ‘‘COMPETING APPLICATION’’,
intervene, protests and comments: 60                 particular application. A competing                     ‘‘PROTEST’’, ‘‘MOTION TO
days from the issuance date of this                  preliminary permit application must                     INTEVENE’’, as applicable, and the
notice.                                              conform with 18 CFR 4.30(b) and 4.36.                   Project Number of the particular


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                          Federal Register / Vol. 65, No. 165 / Thursday, August 24, 2000 / Notices                                                    51607

application to which the filing refers.              to the recent Commission regulations                    Howard Wheeler 202/208–2299
Any of the above-named documents                     governing project notification for
                                                                                                             J. Mark Robinson, Director,
must be filed by providing the original              affected parties and learn about new
and the number of copies provided by                                                                         Director, Division of Environmental &
                                                     strategies being employed within                        Engineering Review, Office of Energy Projects.
the Commission’s regulations to: The                 various gas companies to engage the
Secretary, Federal Energy Regulatory                 public and agencies in participatory                    Appendix 1
Commission, 888 First Street, N.E.,                  project design. There Will be substantial               Agenda
Washington, D.C. 20426. An additional                opportunity for the sharing of
copy must be sent to Director, Division                                                                      Interstate Natural Gas Facility Planning
                                                     experiences and knowledge in                            Seminar, Federal Energy Regulatory
of Hydropower Administration and
                                                     interactive ‘‘brainstorming’’ sessions, so              Commission, Albany Meeting
Compliance, Federal Energy Regulatory
                                                     bring your ideas with you and prepare
Commission, at the above-mentioned                                                                           September 26, 2000—10:00 am to 4:00 pm
address. A copy of any notice of intent,             to share them.
                                                                                                             10:00—Introductions
competing application or motion to                      The objectives of the meeting are:                     Welcome: Mark Robinson, Director,
intervene must also be served upon each                 • To explore ways of resolving issues                     Division of Environmental & Engineering
representative of the Applicant                      during the applicant’s pre-filing route                      Review, Office of Energy Projects, FERC
specified in the particular application.                                                                          Rich Hoffmann, Office of Energy
                                                     planning, when the parties directly
   Agency Comments—Federal, state,                                                                                Projects, FERC Maureen Helmer,
                                                     involved with and affected by natural                        Chairman, New York PSC
and local agencies are invited to file
                                                     gas facility siting and/or permitting can               10:15—The Pipeline Planning/Approval
comments on the described application.
A copy of the application may be                     work together.                                               Process
                                                        • To explore the best avenues for                      Where FERC fits in
obtained by agencies directly from the
                                                                                                               Who’s involved and when
Applicant. If an agency does not file                fostering settlements through creative                  10:45—Perspectives on Pipeline Planning
comments within the time specified for               issue resolution.                                            Panel #1—Initial Project Announcement
filing comments, it will be presumed to                 • To reduce the Commission’s                           Industry Representative
have no comments. One copy of an                     application processing time by                            Citizen Representative
agency’s comments must also be sent to               encouraging the submission of filings                     Agency Representative
the Applicant’s representatives.                                                                             11:15—Break
                                                     with no or few contested issues.                        11:25—Perspectives on Pipeline Planning
David P. Boergers,                                      The result will be the development of                     Panel #2—General Route Planning
Secretary.                                           a toolbox of the best options to take to                  Agency Representative
[FR Doc. 00–21664 Filed 8–23–00; 8:45 am]            achieve faster approval by the                            Industry Representative
BILLING CODE 6717–01–M                               Commission for projects required by the                   Citizen Representative
                                                                                                             11:55—Morning Summary and Lunchtime
                                                     public convenience and necessity, fewer                      Homework Assignment
                                                     conditions, and a more direct path to                   12:00—Lunch
DEPARTMENT OF ENERGY
                                                     commencement of construction.                           1:30—Perspectives on Pipeline Planning
Federal Energy Regulatory                               The meeting in Albany, New York                           Panel #3—Detailed Route Planning
Commission                                                                                                     Citizen Representative
                                                     will be held at the Albany Marriott
                                                                                                               Agency Representative
                                                     located at 189 Wolf Road, (518) 458–                      Industry Representative
Notice of Interstate Natural Gas                     8444. The meeting is scheduled to start                 2:00—Brainstorming Session
Facility-Planning Seminar                            at 10:00 AM and finish at 4:00 PM. A                      Pre-filing BMPs from and Industry
August 18, 2000.                                     preliminary agenda and directions to                    Perspective
  The Office of Energy Projects is                   the hotel are enclosed. See attachment                    • First announcement of the project
                                                     2 regarding the selection of locations of                 • How best to work with the communities
initiating a series of public meetings
                                                                                                               Pre-filing BMPs from an Agency
around the country for the purposes of               future meetings.                                        Perspective
exploring and enhancing strategies for                  If you plan to attend or have                          • How best to work with applicants
constructive public participation in the             suggestions for the agenda, please                        • How to get agency requests on the table
earliest stages of natural gas facility              respond by September 8, 2000 via                        and implemented
planning. The first meeting will be held                                                                       • How to coordinate with multiple
                                                     facsimile to Pennie Louis-Partee at 202/                agencies/jurisdictions
in Albany, New York on Tuesday,
                                                     219–2722, or you can email our team at:                   • How to work with agencies early in the
September 26, 2000. We are inviting
interstate natural gas companies;                    gasoutreach@ferc.fed.us. Please include                 process
Federal, state and local agencies;                   in the response the names, addresses,                     Pre-filing BMPs from a Citizen Perspective
                                                     and the telephone numbers of all                          • How best to engage landowners
landowners and other non-                                                                                      • How to get information on the need for
governmental organizations with an                   attendees from your organization.
                                                                                                             a project
interest in developing a new way of                     To help us enhance our panel                           • How to describe workspace/right-of-way
doing business to join us in this effort.            discussions, please consider issues and/                requirements
We will discuss the facility planning                or questions you would like to have                     3:30—Closing summary
process, not the merits of any pending               addressed at the meetings. If you have                    Directions to the Albany Marriott: 158 Wolf
or planned pipelines projects.                       any questions, you may contact any of                   Rd, Albany, NY 12205; (518) 458–8444.
  Presentations will be made by the                                                                            Taxis and rental cars are available at the
                                                     the staff listed below:                                 Albany International Airport, or call the
staff of the Commission’s Office of
Energy Projects, various Federal and                 Richard Hoffmann 202/208–0066                           Marriott from the courtesy phone located
                                                                                                             near the baggage claim for complimentary
state agencies, representatives from                 Lauren O’Donnell 202/208–0325                           shuttle service.
natural gas companies, and private                   Jeff Shenot 202/219–2178                                  By car: From I–90 take I–87 North