Federal Register Vol No Wednesday October by mikesanye

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									      60316                Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules

      § 1208.184      Compliance procedures.                   WFMX (FM), Statesville, North                           For the reasons discussed in the
         (a) Except as provided in paragraph                   Carolina, proposing the substitution of               preamble, the Federal Communications
      (b) of this section, this section applies                Channel 289C1 for Channel 289C at                     Commission proposes to amend 47 CFR
      to all allegations of discrimination on                  Statesville, and reallotment of Channel               Part 73 as follows:
      the basis of disability in programs and                  289C1 from Statesville to Clemmons,
      activities conducted by the agency,                      North Carolina, as the community’s first              PART 73—RADIO BROADCAST
      including those programs and activities                  local transmission service, and the                   SERVICES
      funded by NHPRC grants.                                  modification of the license for Station                 1. The authority citation for Part 73
         (b) The agency must process                           WFMX (FM) to reflect the changes.                     continues to read as follows:
      complaints alleging violations of section                Channel 289C1 can be reallotted at
      504 with respect to employment                                                                                   Authority: 47 U.S.C. 154, 303, 334 and 336.
                                                               Clemmons at a site 32 kilometers (19.9
      according to the procedures established                  miles) north of the community at                      § 73.202   [Amended]
      by the Equal Employment Opportunity                      coordinates 36–17–30 NL and 80–15–30                     2. Section 73.202(b), the Table of FM
      Commission pursuant to section 501 of                    WL .                                                  Allotments under North Carolina, is
      the Rehabilitation Act of 1973 (29 U.S.C.                DATES: Comments or counterproposals                   amended by adding Clemmons, Channel
      791). The agency will refer complaints                   must be filed on or before December 1,                289C1 and by removing Channel 289C
      alleging employment discrimination by                    2003, and reply comments on or before                 at Statesville.
      NHPRC grant recipients, in violation of                  December 16, 2003.                                    Federal Communications Commission.
      section 504 of the Rehabilitation Act, to
                                                               ADDRESSES: Federal Communications                     John A. Karousos,
      the appropriate Government entity,
      pursuant to paragraph (e) of this section.               Commission, 445 Twelfth Street, SW.,                  Assistant Chief, Audio Division, Media
         (c) The Director, Equal Employment                    Washington, DC 20554. In addition to                  Bureau.
      Opportunity and Diversity Programs                       filing comments with the FCC,                         [FR Doc. 03–26682 Filed 10–21–03; 8:45 am]
      (NEEO), is responsible for coordinating                  interested parties should serve the                   BILLING CODE 6712–01–P
      implementation of this section.                          petitioner’s counsel, as follows: Harry C.
      Complaints may be sent to the Director,                  Martin. Esq., Fletcher, Heald & Hildreth,
      NEEO (address: National Archives and                     1300 North 17th Street, 11th Floor,                   DEPARTMENT OF THE INTERIOR
      Records Administration (NEEO), 8601                      Arlington, VA 22209–3801
      Adelphi Road, College Park, MD 20740–                    FOR FURTHER INFORMATION CONTACT:                      Fish and Wildlife Service
      6001).                                                   Victoria McCauley, Media Bureau, (202)
                                                               418–2180.                                             50 CFR Part 17
      *      *     *    *      *
         (h) The complainant has the right to                  SUPPLEMENTARY INFORMATION: This is a                  RIN 1018 –AJ23
      file an appeal; however, appeals must be                 synopsis of the Commission’s Notice of
      filed within 90 days of receipt from the                 Proposed Rule Making, MB Docket No.                   Endangered and Threatened Wildlife
      agency of the letter required by                         03–219 adopted October 8, 2003, and                   and Plants; Removal of Federal
      § 1208.184 (g). The agency may extend                    released October 10, 2003. The full text              Protection Status from Two Manatee
      this time for good cause. Appeals may                    of this Commission decision is available              Protection Areas in Florida
      be sent to the Archivist of the United                   for inspection and copying during                     AGENCY: Fish and Wildlife Service,
      States for reconsideration (address:                     normal business hours in the FCC’s                    Interior.
      National Archives and Records                            Reference Information Center at Portals               ACTION: Proposed rule.
      Administration (N), 8601 Adelphi Road,                   II, CY–A257, 445 Twelfth Street, SW.,
      College Park, MD 20740–6001).                            Washington, DC. This document may                     SUMMARY: We, the Fish and Wildlife
      *      *     *    *      *                               also be purchased from the                            Service (Service), propose to withdraw
        Dated: October 16, 2003.
                                                               Commission’s duplicating contractors,                 two areas in Florida from those
                                                               Qualex International, Portals II, 445                 designated as federally established
      John W. Carlin,
                                                               12th Street, SW., Room CY–B402,                       manatee protection areas. We are
      Archivist of the United States.                          Washington, DC 20554, telephone (202)                 proposing this action under the
      [FR Doc. 03–26614 Filed 10–21–03; 8:45 am]               863–2893, or via e-mail                               Endangered Species Act of 1973, as
      BILLING CODE 7515–01–P                                   qualexint@aol.com                                     amended (ESA), and the Marine
                                                                  Provisions of the Regulatory                       Mammal Protection Act of 1972, as
                                                               Flexibility Act of 1980 do not apply to               amended (MMPA). The areas we
      FEDERAL COMMUNICATIONS                                   this proceeding.                                      propose to withdraw from designation
      COMMISSION                                                  Members of the public should note                  are manatee refuges, in which watercraft
                                                               that from the time a Notice of Proposed               operators are required to operate at slow
      47 CFR Part 73                                           Rule Making is issued until the matter                speeds throughout the year.
      [DA 03–3039; MB Docket No. 03–219 RM–                    is no longer subject to Commission                    Specifically, the sites are the Pansy
      10797]                                                   consideration or court review, all ex                 Bayou Manatee Refuge in Sarasota
                                                               parte contacts are prohibited in                      County and the Cocoa Beach Manatee
      Radio Broadcasting Services;                             Commission proceedings, such as this                  Refuge in Brevard County. Manatee
      Clemmons and Statesville, NC                             one, which involve channel allotments.                protection would not be diminished
      AGENCY: Federal Communications                           See 47 CFR 1.1204(b) for rules                        under this proposal because the sites
      Commission.                                              governing permissible ex parte contacts.              will remain protected under State law.
      ACTION: Proposed rule.                                      For information regarding proper                   DATES: We will consider comments on
                                                               filing procedures for comments, see 47                the proposed rule if received by
      SUMMARY: This document requests                          CFR 1.415 and 1.420.                                  November 21, 2003. See additional
      comments on a petition for rulemaking                                                                          information on the public comment
                                                               List of Subjects in 47 CFR Part 73
      filed by Mercury Broadcasting                                                                                  process in the ‘‘Public Comments
      Company, Inc., licensee of Station                           Radio, Radio broadcasting.                        Solicited’’ section.


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                           Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules                                          60317

      ADDRESSES:   If you wish to comment,                     Florida from 1978 to 2002 indicate that                  Take, as defined by the MMPA, means
      you may submit your comments by any                      a total of 1,145 manatees (from a total               to harass, hunt, capture, or kill, or
      one of several methods:                                  carcass count of 4,545) are confirmed                 attempt to harass, hunt, capture, or kill
         1. You may submit written comments                    victims of collisions with watercraft.                any marine mammal. Harassment, as
      and information by mail to the Field                     This number may underestimate the                     defined by the MMPA, means any active
      Supervisor, Jacksonville Field Office,                   actual number of watercraft-related                   pursuit, torment, or annoyance which,
      U.S. Fish and Wildlife Service, Attn:                    mortalities, since many of the                        (i) has the potential to injure a marine
      Proposed Removal of Federal Protection                   mortalities listed as ‘‘undetermined                  mammal or marine mammal stock in the
      Status of Two Manatee Refuges, 6620                      causes’’ show evidence of collisions                  wild [Level A]; or (ii) has the potential
      Southpoint Drive, South, Suite 310,                      with vessels. Collisions with watercraft              to disturb a marine mammal or marine
      Jacksonville, Florida 32216.                             comprise approximately 25 percent of                  mammal stock in the wild by causing
         2. You may hand-deliver written                       all manatee mortalities since 1978.                   disruption of behavioral patterns,
      comments to our Jacksonville Field                       Approximately 75 percent of all                       including, but not limited to, migration,
      Office, at the above address, or fax your                watercraft-related manatee mortality has              breathing, nursing, breeding, feeding, or
      comments to 904/232–2404.                                taken place in 11 Florida counties:                   sheltering [Level B].
         3. You may send comments by                           Brevard, Lee, Collier, Duval, Volusia,                   We may establish two types of
      electronic mail (e-mail) to                              Broward, Palm Beach, Charlotte,                       manatee protection areas—manatee
      manatee@fws.gov. For directions on                       Hillsborough, Citrus, and Sarasota                    refuges and manatee sanctuaries. A
      how to submit electronic comment files,                  (Florida Fish and Wildlife Conservation               manatee refuge is defined as an area in
      see the ‘‘Public Comments Solicited’’                    Commission (FWCC) 2003). The last 5                   which we have determined that certain
      section.                                                 years have been record years for the                  waterborne activities would result in the
         Comments and materials received, as                   number of watercraft-related mortalities.             taking of one or more manatees, or that
      well as supporting documentation used                    From 1998 to 2002, 409 watercraft-                    certain waterborne activity must be
      in the preparation of this proposed rule,                related manatee deaths were recorded                  restricted to prevent the taking of one or
      will be available for public inspection,                 (36 percent of all watercraft-related                 more manatees, including but not
      by appointment, during normal business                   deaths documented during the 1978 to                  limited to a taking by harassment (50
      hours from 8 a.m. to 4:30 p.m., at the                   2002 period) (FWCC 2003).                             CFR 17.102). A manatee sanctuary is an
      above address.                                                                                                 area in which we have determined that
                                                               Manatee Protection Areas                              any waterborne activity would result in
      FOR FURTHER INFORMATION CONTACT:                            To minimize the number of injuries                 the taking of one or more manatees,
      David Hankla, Peter Benjamin, or Jim                     and deaths associated with watercraft,                including but not limited to a taking by
      Valade (see ADDRESSES section),                          we and the State of Florida have                      harassment (50 CFR 17.102). A
      telephone 904/232–2580; or visit our                     designated manatee protection areas at                waterborne activity is defined as
      Web site at http://northflorida.fws.gov.                 sites throughout coastal Florida where                including, but not limited to,
      SUPPLEMENTARY INFORMATION:                               conflicts between boats and manatees                  swimming, diving (including skin and
      Background                                               have been well documented and where                   scuba diving), snorkeling, water skiing,
                                                               manatees are known to frequently occur.               surfing, fishing, the use of water
         The West Indian manatee (Trichechus                   Signs are posted in these areas to inform             vehicles, and dredging and filling
      manatus) is federally listed as an                       the boating public about restrictions and             operations (50 CFR 17.102).
      endangered species under the ESA (16                     prohibitions.                                            An extensive network of manatee
      U.S.C. 1531 et seq.) (32 FR 4001), and                      Federal authority to establish                     speed zones and sanctuaries has been
      the species is further protected as a                    protection areas for the Florida manatee              established throughout peninsular
      depleted stock under the MMPA (16                        is provided by the ESA and the MMPA,                  Florida by Federal, State, and local
      U.S.C. 1361–1407). The Florida manatee                   and is codified in 50 CFR, part 17,                   governments (Service 2001). This
      (Trichechus manatus latirostris), a                      subpart J. We have discretion, by                     existing structure works toward our goal
      subspecies of the West Indian manatee                    regulation, to establish manatee                      of providing adequate protected areas
      (Domning and Hayek 1986), lives in                       protection areas whenever substantial                 throughout peninsular Florida to satisfy
      freshwater, brackish, and marine                         evidence shows that the establishment                 the biological requirements of the
      habitats in coastal and inland                           of such an area is necessary to prevent               species.
      waterways of the southeastern United                     the taking of one or more manatees.                      The timing and implementation of
      States. The majority of the population                   Take, as defined by the ESA, means to                 State and Federal manatee protection
      can be found in Florida waters                           harass, harm, pursue, hunt, shoot,                    area designations have been influenced
      throughout the year, and nearly all                      wound, kill, trap, capture, collect, or to            by State and Federal courts and by the
      manatees use the waters of peninsular                    attempt to engage in any such conduct.                respective agencies and their ability to
      Florida during the winter months.                        Harm means an act which kills or                      effectively post regulatory signage and
      During the winter months, most                           injures wildlife (50 CFR 17.3). Such an               enforce measures in a timely fashion.
      manatees rely on warm water from                         act may include significant habitat                   The Pansy Bayou Manatee Refuge was
      industrial discharges and natural                        modification or degradation that kills or             identified by both the State and Federal
      springs for warmth. In warmer months,                    injures wildlife by significantly                     governments as an area in need of
      they expand their range and are                          impairing essential behavioral patterns,              protection. Neither agency was able to
      occasionally seen as far north as Rhode                  including breeding, feeding, or                       coordinate or communicate its intent to
      Island on the Atlantic Coast and as far                  sheltering. Harass includes intentional               designate because such plans were part
      west as Texas on the Gulf Coast.                         or negligent acts or omissions that create            of confidential legal negotiations then in
                                                               the likelihood of injury to wildlife by               progress. As a result, we designated this
      Watercraft Collisions                                    annoying it to such an extent as to                   site in November 2002, and the State
        Collisions with watercraft are the                     significantly disrupt normal behavioral               subsequently designated this site in
      largest cause of human-related manatee                   patterns, which include, but are not                  December 2002. The Cocoa Beach
      deaths. Data collected during manatee                    limited to, breeding, feeding, or                     Manatee Refuge was designated by the
      carcass salvage operations conducted in                  sheltering (50 CFR 17.3).                             State in June 2002 and was


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      60318                Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules

      subsequently designated by the Service                   held in December 2000, prior to                       Manatee Refuges Proposed for Removal
      in November 2002. The Service pursued                    approval of the Settlement Agreement.)
      its designation because the State had not                The proposed rule was published in the                  On November 8, 2002, we designated
      yet posted regulatory signage at the site                Federal Register on August 10, 2001 (66               13 manatee protection areas in Florida,
      and we wanted to expeditiously protect                   FR 42318). On January 7, 2002, we                     including the Pansy Bayou Manatee
      manatees using this site. Because the                    published a final rule designating two                Refuge in Sarasota County and the
      State has now designated and posted                      sites in Brevard County, the Barge Canal              Cocoa Beach Manatee Refuge in Brevard
      both sites as manatee protection areas,                  and Sykes Creek, as Federal manatee                   County (67 FR 68450). The State has
      and is enforcing the protective                          refuges (67 FR 680).                                  now designated both sites as manatee
      regulations, and because the Service                        On July 9, 2002, the United States                 protection areas, has posted them, and
      believes that State protection for both                  District Court for the District of                    enforces the protective regulations
      sites is now comparable to Federal                       Columbia ruled that the Federal                       (F.A.C. 68C–22.026 and 22.006,
      protection, the Service plans to                         Government violated the Settlement                    respectively). As such, both sites are
      withdraw its designations at these two                   Agreement by failing to designate a                   currently protected under both Federal
      sites. We are not proposing to withdraw                  sufficient number of refuges and                      and State authorities. Federal and State
      protections from the remaining Federal                   sanctuaries throughout peninsular                     restrictions are comparable in terms of
      manatee refuges and sanctuaries at this                  Florida. On August 1, 2002, the Court                 areal extent, duration, and type (year-
      time. In general, the State does not                     issued a remedial order requiring the                 round, slow speed), and each should
      provide protection or does not provide                   Service to publish, by November 1,                    prevent the taking of one or more
      comparable protection within the                         2002, a final rule for new manatee                    manatees. In our November 2, 2002, rule
      remaining areas.                                         refuges and sanctuaries throughout                    (67 FR 68450), we stated that ‘‘if the
                                                               peninsular Florida. On September 20,                  State or counties implement measures at
      Relationship to Manatee Lawsuit                          2002, we published an emergency rule                  these sites that, in our view, provide
         In Save the Manatee Club, et al. v.                   designating seven sites as manatee                    comparable protection for manatees, we
      Ballard, et al., Civil No. 00–00076 EGS                  refuges and sanctuaries on Florida’s
      (D.D.C., filed January 13, 2000), several                                                                      will consider withdrawing or modifying
                                                               west coast for a period of 120 days (67
      organizations and individuals filed suit                                                                       established designations through the
                                                               FR 59408). We submitted a final rule to
      against the Fish and Wildlife Service                                                                          rulemaking process.’’ Because the State
                                                               the Federal Register on November 1,
      and the U.S. Army Corps of Engineers                     2002, designating 13 manatee protection               has now implemented measures that
      (Corps) alleging violations of the ESA,                  areas in Florida, including the sites                 provide comparable protection, we
      MMPA, National Environmental Policy                      previously designated under the                       propose to withdraw our designations
      Act, and the Administrative Procedure                    emergency rule. The final rule was                    for the Pansy Bayou Manatee Refuge
      Act. Four groups representing                            published on November 8, 2002 (67 FR                  and the Cocoa Beach Manatee Refuge,
      development and boating interests                        68540).                                               and to defer to the State’s regulations
      intervened. Following extensive                                                                                governing waterborne activities
      negotiations, a settlement agreement                     Coordination With State Actions                       currently in effect in these areas (F.A.C.
      was approved by the court on January                        The sites that were designated in our              68C–22.026 and 22.006, respectively).
      5, 2001. In this settlement agreement,                   final rule on November 8, 2002 (67 FR                 We reserve the right to reinstate Federal
      we agreed to submit a proposed rule for                  68450), were selected prior to the                    measures should they become
      new refuges and sanctuaries to the                       disclosure of the terms of the proposed               necessary. We recognize that the
      Federal Register by April 2, 2001, and                   settlement in the State case, Save the                existing system of speed zones and
      to submit a final rule by September 28,                  Manatee v. Egbert, Case No. 90–00–                    sanctuaries has been established
      2001.                                                    400CIV17–WS (N.D. Fla). After the                     primarily by State and local
         Subsequent to the Federal settlement,                 terms of the State settlement were                    governments. We also recognize the
      the FWCC voted to settle Save the                        disclosed, it became apparent that there              important role of our State and local
      Manatee v. Egbert, Case No. 90–00–                       would be overlap between potential                    partners, and we continue to support
      400CIV17–WS (N.D. Fla., filed January                    State and Federal actions. However,                   and encourage State and local measures
      13, 2000) (the State case). That                         prior to a final determination on                     to improve manatee protection.
      settlement, which was entered into by                    potential State designations, the Service
      the court on November 7, 2001, calls for                 was required by Court Order to move                   Pansy Bayou Manatee Refuge
      very similar protective measures in                      forward with its final rule for the
                                                                                                                        The federally designated Pansy Bayou
      many of the locations included in our                    designation of additional manatee
                                                                                                                     Manatee Refuge includes approximately
      proposed rule. As a result of these                      protection areas throughout peninsular
                                                                                                                     47 hectares (ha) (116.1 acres) in the
      simultaneous processes, the parties in                   Florida. We designated protection areas
                                                                                                                     northern Pansy Bayou area between City
      the Federal lawsuit agreed to extend the                 at these sites in accordance with the site
                                                                                                                     Island and the John Ringling Parkway
      April 2 deadline in an attempt to                        selection process and criteria identified
                                                                                                                     Bridge on Sarasota Bay in Sarasota
      negotiate a means to avoid duplication                   in our final rule (67 FR 68456) because
                                                                                                                     County, and regulates vessel traffic to
      of effort and better serve the public.                   State protections had not been
      Subsequent negotiations resulted in                      implemented at these sites. Because the               slow speed year-round (67 FR 68450)
      additional extensions, which resulted in                 State has subsequently designated and/                (see Pansy Bayou Manatee Refuge map).
      the proposed rule being submitted to the                 or implemented comparable measures                    This refuge is located within a State
      Federal Register on August 3, 2001. (An                  in these areas, the Service believes it               manatee protection area in which all
      advance notice of proposed rulemaking                    prudent to withdraw its Federal                       vessels are required by State law to
      had been published in the Federal                        designations for the Pansy Bayou                      operate at slow speed year-round
      Register on September 1, 2000 [65 FR                     Manatee Refuge and the Cocoa Beach                    (F.A.C. 68C–22.026(2)(a)(4)).
      53222], and six public workshops were                    Manatee Refuge.                                       BILLING CODE 4310–55–P




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                           Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules                        60319




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      60320                Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules

      Cocoa Beach Manatee Refuge                               Beach in the Banana River, in Brevard                 manatee protection area in which all
        The federally designated Cocoa Beach                   County and regulates vessel traffic to                vessels are required by State law to
      Manatee Refuge includes approximately                    slow speed year-round (67 FR 68450)                   operate at slow speed year-round
      23.9 ha (59.1 acres) in an area adjacent                 (see Cocoa Beach Manatee Refuge map).                 (F.A.C. 68C–22.006(2)(d)(16)).
      to Municipal Park, just west of Cocoa                    This refuge is located within a State                 BILLING CODE 4310–55–P




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                           Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules                        60321




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      60322                Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules

      Public Comments Solicited                                Peer Review                                              a. This proposed rule will not have an
         We intend that any final action                                                                             annual economic impact of $100 million
                                                                  In accordance with our policy
      resulting from this proposal will be as                                                                        or adversely affect an economic sector,
                                                               published on July 1, 1994 (59 FR
      accurate and as effective as possible.                                                                         productivity, jobs, the environment, or
                                                               34270), we will seek the expert opinions
      Therefore, we solicit comments or                                                                              other units of government. A cost-
                                                               of at least three appropriate and
      suggestions from the public, other                                                                             benefit analysis is not required. We do
                                                               independent specialists regarding this
      concerned governmental agencies, the                                                                           not expect that any significant economic
                                                               proposed rule. The purpose of such a
      scientific community, industry, or any                                                                         impacts would result from the removal
                                                               review is to ensure that our decisions
      other interested party concerning this                                                                         of Federal designation of these two
                                                               are based on scientifically sound data,
      proposed rule. We particularly seek                                                                            manatee refuges in Sarasota and Brevard
                                                               assumptions, and analyses. We will
      comments concerning:                                                                                           Counties in the State of Florida. We do
                                                               send these peer reviewers copies of this
         1. Reasons why any of these areas                                                                           not expect any significant effects
                                                               proposed rule immediately following
      should be maintained as Federal                                                                                because comparable State protection
                                                               publication in the Federal Register. We
      manatee refuges, including any data                                                                            would remain in place following the
                                                               will invite these peer reviewers to
      supportive of these reasons;                                                                                   removal of Federal protection.
                                                               comment, during the comment period,
         2. Current or planned activities in the               on the specific assumptions and                          Activities affected by the designation
      subject areas and their possible effects                 conclusions regarding the proposed                    of manatee protection areas include
      on manatees;                                             removal of the Federal designations of                waterborne activities conducted by
         3. Any foreseeable economic or other                  these manatee refuges.                                recreational boaters, commercial charter
      impacts, positive or negative, resulting                                                                       boats, and commercial fishermen
                                                                  We will consider all comments and
      from the proposed removal of the                                                                               (including transiting, cruising, water
                                                               information received during the 30-day
      Federal designations;                                                                                          skiing, and fishing activities). Federal
                                                               comment period on this proposed rule
         4. Potential adverse effects to the                                                                         measures in place at the Pansy Bayou
                                                               during preparation of a final rulemaking
      manatee associated with the proposed                                                                           Manatee Refuge and the Cocoa Beach
                                                               and will refine this proposal if and
      removal of the Federal designations; and                                                                       Manatee Refuge require boat operators
                                                               when appropriate. Accordingly, the
         5. Any actions that could be                                                                                to operate at slow speeds throughout the
                                                               final decision may differ from this
      considered instead of, or in conjunction                                                                       year. State measures require boat
                                                               proposal.
      with, the actions in this proposed rule.                                                                       operators to operate in a comparable
         Comments submitted electronically                     Clarity of the Rule                                   fashion. In removing Federal protection,
      should be embedded in the body of the                                                                          boat operator behavior in these areas
                                                                  Executive Order 12866 requires each
      e-mail message itself or attached as a                                                                         will remain unchanged. Therefore, these
                                                               agency to write regulations/notices that
      text-file (ASCII), and should not use                                                                          activities will not be affected by this
                                                               are easy to understand. We invite your
      special characters and encryption.                                                                             rule, and no substantive economic
                                                               comments on how to make this
      Please also include ‘‘Attn: RIN 1018–                                                                          impacts should ensue.
                                                               proposed rule easier to understand,
      AJ23,’’ your full name, and return                                                                                b. This proposed rule will not create
                                                               including answers to questions such as
      address in your e-mail message.                                                                                a serious inconsistency or otherwise
                                                               the following: (1) Are the requirements
      Comments submitted to                                                                                          interfere with an action taken or
                                                               in the proposed rule clearly stated? (2)
      manatee@fws.gov will receive an                                                                                planned by another agency. This
                                                               Does the proposed rule contain
      automated response confirming receipt                                                                          proposal is consistent with the approach
                                                               unnecessary technical language or
      of your message. If you do not receive                                                                         used by State and local governments to
                                                               jargon that interferes with the clarity?
      a confirmation from the system that we                                                                         protect manatees in Florida. We
                                                               (3) Does the format of the proposed rule
      have received your e-mail message,                                                                             recognize the important role of State
                                                               (grouping and order of sections, use of
      contact us directly by calling our                                                                             and local partners, and we continue to
                                                               headings, paragraphing, etc.) aid or
      Jacksonville Field Office (see ADDRESSES                                                                       support and encourage State and local
                                                               reduce its clarity? (4) Is the description
      section).                                                                                                      measures to improve manatee
                                                               of the proposed rule in the
         Our practice is to make all comments,                                                                       protection. In previous rule-makings, we
                                                               ‘‘Supplementary Information’’ section of
      including names and home addresses of                                                                          stated that ‘‘[i]f comparable or similar
                                                               the preamble helpful in understanding
      respondents, available for public review                                                                       protections are put in place in the
                                                               the proposed rule? (5) What else could
      during regular business hours.                                                                                 future, we will consider removing those
                                                               we do to make the proposed rule easier
      Individual respondents may request that                                                                        areas from Federal protection.’’ This
                                                               to understand?
      we withhold their home address from                                                                            proposed removal of Federal protection
                                                                  Send a copy of any comments that                   follows the implementation of
      the rulemaking record, which we will
                                                               concern how we could make this                        comparable State protection.
      honor to the extent allowable by law. In
                                                               proposed rule easier to understand to:
      some circumstances, we would                                                                                      c. This proposed rule will not
                                                               Office of Regulatory Affairs, Department
      withhold also from the rulemaking                                                                              materially affect entitlements, grants,
                                                               of the Interior, Room 7229, 1849 C
      record a respondent’s identity, as                                                                             user fees, loan programs, or the rights
                                                               Street, NW, Washington, DC 20240. You
      allowable by law. If you wish for us to                                                                        and obligations of their recipients.
                                                               may e-mail your comments to the
      withhold your name and/or address,                                                                                d. This proposed rule will not raise
                                                               following address: Execsec@ios.doi.gov.
      you must state this prominently at the                                                                         novel legal or policy issues.
      beginning of your comments. However,                     Required Determinations
                                                                                                                     Regulatory Flexibility Act
      we will not consider anonymous
                                                               Regulatory Planning and Review
      comments. We will make all                                                                                        We certify that this rule will not have
      submissions from organizations or                          In accordance with the criteria in                  a significant economic effect on a
      businesses, and from individuals                         Executive Order 12866, this proposed                  substantial number of small entities as
      identifying themselves as                                rule is not a significant regulatory                  defined under the Regulatory Flexibility
      representatives or officials of                          action. The Office of Management and                  Act (5 U.S.C. 601 et seq.) for the reasons
      organizations or businesses, available                   Budget makes the final determination                  cited below. An initial/final Regulatory
      for public inspection in their entirety.                 under Executive Order 12866.                          Flexibility Analysis is not required.


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                           Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules                                             60323

      Accordingly, a Small Entity Compliance                   designation will not affect residential               State speed zones for Federal speed
      Guide is not required.                                   activities. Users will continue to be                 zones may very well negate any
         The characteristics of the two areas                  restricted in their operations by the                 economic changes resulting from this
      (Cocoa Beach and Pansy Bayou) affected                   State ‘‘slow speed’’ restrictions                     rule. Without changes in recreational
      by this rule are described below. The                    currently in place, and State exemptions              use patterns, the economic effects will
      economic effects considered include the                  for fishers will remain in place. As such,            be insignificant.
      direct effects, primarily on homeowners,                 residents in private homes are able to                   b. Will not cause a major increase in
      and the indirect effects on businesses in                maintain their current activities and                 costs or prices for consumers,
      the removal of speed zones.                              should experience no change in use of                 individual industries, Federal, State, or
         Direct Economic Effects:                              this site. Those small businesses                     local government agencies, or
         —Cocoa Beach Manatee Refuge. The                      (commercial fishers and crabbers, and                 geographic regions. It is unlikely that
      Cocoa Beach Manatee Refuge is located                    fishing guides) with State exemptions                 there are unforeseen changes in costs or
      along the eastern shore of the Banana                    may be able to reduce their time to and               prices for consumers stemming from
      River in Brevard County, Florida. The                    from fishing sites and enjoy a small                  this rule. Commercial fishers, crabbers,
      refuge is surrounded by water on all                     benefit from this rule.                               and guides who qualify for State
      sides, and the nearest adjoining land is                    Indirect Economic Effects:                         exemptions will benefit from this rule
      occupied by a municipal golf course                         With the exception of commercial                   when traveling to and from fishing
      with no marine facilities. Immediately                   fishers and crabbers and fishing guides               grounds. However, the substitution of
      to the north and south of the Cocoa                      who qualify for State exemptions and                  State speed zones for Federal ones will
      Beach site lie residential areas                         may receive a small benefit in reduced                not affect the vast majority of boaters
      composed of approximately 500 single-                    travel time to and from fishing sites, any            who use the two former Federal
      family houses. Approximately one-half                    indirect small business economic effects              manatee protection areas.
      of the houses have boat docks. Residents                 would be limited to those activities                     c. Does not have significant adverse
      must pass through Refuge waters in                       supported by residents of the two sites               effects on competition, employment,
      order to reach more open waters. Refuge                  proposed for removal and visitors to                  investment, productivity, innovation, or
      waters are also used by commercial                       these sites. Since this rule deals solely             the ability of U.S.-based enterprises to
      fishing guides to reach more open                        with speed restrictions on water, it is               compete with foreign-based enterprises.
      waters and by a small number of                          reasonable to look at the effect of speed             As stated above, this rule may generate
      commercial fishermen for crabbing,                       restrictions on the demand for boats in               a small amount of additional economic
      which for the purposes of this analysis                  the affected areas. In a study by Bendle              activity, but these economic effects are
      are considered to be small businesses.                   and Bell (1995), four economic models                 believed to be minor and will not
         The removal of the Federal ‘‘slow                     were estimated to determine the effect                appreciably change normal operation of
      speed’’ designation will not affect direct               of speed zones in a county on the                     businesses in the affected counties. The
      use activities because the State of                      demand for boats. In each of the models               commercial enterprises who qualify for
      Florida is implementing an identical                     the coefficient on the speed zones was                a State exemption may receive some
      speed limit in its place. Resident boaters               not statistically different from zero. This           benefit from the reduced amount of
      will be able to continue passing through                 indicates that the presence or absence of             travel time to business sites; however,
      Refuge waters at the currently posted                    speed zones does not affect the demand                the Service does not believe this will be
      speed. Furthermore, the State allows for                 for boats in Florida counties. In a study             economically significant.
      speed exemptions for commercial                          by Parker (1989), ‘‘The bulk of boaters
      fishermen. Those small businesses                        (91%) supported protecting the manatee                Unfunded Mandates Reform Act
      (commercial fishers and crabbers, and                    even if it meant reducing the speed                      In accordance with the Unfunded
      fishing guides) with State exemptions                    allowed on some waterways.’’ These                    Mandates Reform Act (2 U.S.C. 1501 et
      may be able to reduce their time to and                  studies indicate that it is valid to say              seq.):
      from fishing sites and enjoy a small                     that a large majority of Florida residents               a. This proposed rule will not
      benefit from this rule.                                  support manatee protection and the                    ‘‘significantly or uniquely’’ affect small
         —Pansy Bayou Manatee Refuge. The                      presence or absence of speed zones does               governments. A Small Government
      Pansy Bayou Manatee Refuge is located                    not influence the demand for boats. As                Agency Plan is not required. Removal of
      on the northwestern shore of Roberts                     a result, it then seems to follow that                Federal Protection Status from manatee
      Bay in Sarasota County, Florida.                         most Florida residents will not change                refuges imposes no new obligations on
      Adjoining land uses are primarily                        their spending patterns because of the                State or local governments.
      residential. Approximately 50 to 75                      presence or absence of speed zones, and                  b. This proposed rule will not
      homes are in the vicinity of the Refuge                  any indirect economic effects on small                produce a Federal mandate of $100
      and most of these residences have                        businesses will not be significant.                   million or greater in any year. As such,
      private docks. The city/county owns a                                                                          it is not a ‘‘significant regulatory action’’
      parcel in the vicinity of the Refuge that                Small Business Regulatory Enforcement
                                                               Fairness Act                                          under the Unfunded Mandates Reform
      is leased to a marine lab, sailing club,                                                                       Act.
      and ski club. Principal use of Refuge                      This rule is not a major rule under 5
      waters is for transit to open waters (i.e.,              U.S.C. 804(2), the Small Business                     Takings
      traveling to and from docks out to the                   Regulatory Enforcement Fairness Act.                    In accordance with Executive Order
      adjoining Intracoastal Waterway) and                     This rule:                                            12630, this proposed rule does not have
      for waterskiing. A small number of                         a. Does not have an annual effect on                significant takings implications. A
      commercial fishermen may also use the                    the economy of $100 million or more.                  takings implication assessment is not
      site for crabbing, and some fishing                      As discussed above, this rule to remove               required.
      guides may transit the site when                         Federal designation from two manatee
      traveling to and from off-shore fishing                  protection areas may have a positive but              Federalism
      destinations.                                            insignificant economic benefit for some                 In accordance with Executive Order
         As with the Cocoa Beach site, the                     small businesses in the two affected                  13132, this proposed rule does not have
      removal of the Federal ‘‘slow speed’’                    counties. However, the substitution of                significant Federalism effects. A


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      60324                Federal Register / Vol. 68, No. 204 / Wednesday, October 22, 2003 / Proposed Rules

      Federalism assessment is not required.                   Government-to-Government basis. We                       b. Redesignate paragraphs (c)(6)
      This proposed rule will not have                         have evaluated possible effects on                    through (c)(10) as paragraphs (c)(5)
      substantial direct effects on the State, in              federally recognized Indian tribes and                through (c)(9), respectively.
      the relationship between the Federal                     have determined that there are no                        c. Redesignate paragraphs (c)(12)
      Government and the State, or on the                      effects.                                              through (c)(14) as paragraphs (c)(10)
      distribution of power and                                                                                      through (c)(12), respectively.
                                                               Energy Supply, Distribution or Use
      responsibilities among the various                                                                                d. Revise newly redesignated
                                                               (Executive Order 13211)
      levels of government. We coordinated                                                                           paragraphs (c)(10)(i)–(ix) by removing
      with the State of Florida to the extent                    On May 18, 2001, the President issued               the words ‘‘paragraph (12)(x)’’ each time
      possible on the development of this                      Executive Order 13211 on regulations                  they appear and adding the words
      proposed rule.                                           that significantly affect energy supply,              ‘‘paragraph (c)(10)(x)’’ in their place.
                                                               distribution, and use. Executive Order                   e. Revise newly redesignated
      Civil Justice Reform                                     13211 requires agencies to prepare                    paragraphs (c)(11)(i)–(iv) by removing
        In accordance with Executive Order                     Statements of Energy Effects when                     the words ‘‘paragraph (13)(v)’’ each time
      12988, the Office of the Solicitor has                   undertaking certain actions. Because                  they appear and adding the words
      determined that this proposed rule does                  comparable State requirements will                    ‘‘paragraph (c)(11)(v)’’ in their place.
      not unduly burden the judicial system                    remain in effect, this rule is not                       f. Revise newly redesignated
      and meets the requirements of sections                   anticipated to result in any change in                paragraphs (c)(12)(i)–(xi) by removing
      3(a) and 3(b)(2) of the Order.                           activities and, therefore, it is not                  the words ‘‘paragraph (14)(xii)’’ each
      Paperwork Reduction Act                                  expected to significantly affect energy               time they appear and adding the words
                                                               supplies, distribution, and use.                      ‘‘paragraph (c)(12)(xii)’’ in their place.
        This proposed regulation does not                      Therefore, this action is not a significant
      contain collections of information that                                                                          Dated: October 10, 2003.
                                                               energy action and no Statement of
      require approval by the Office of                                                                              Craig Manson,
                                                               Energy Effects is required.
      Management and Budget under 44                                                                                 Assistant Secretary for Fish and Wildlife and
      U.S.C. 3501 et seq. The proposed                         References Cited                                      Parks.
      regulation will not impose new                             A complete list of all references cited             [FR Doc. 03–26668 Filed 10–21–03; 8:45 am]
      recordkeeping or reporting requirements                  in this proposed rule is available upon               BILLING CODE 4310–55–P
      on State or local governments,                           request from the Jacksonville Field
      individuals, and businesses, or                          Office (see ADDRESSES section).
      organizations.                                                                                                 DEPARTMENT OF COMMERCE
                                                               Author
      National Environmental Policy Act
                                                                  The primary author of this document                National Oceanic and Atmospheric
         We have analyzed this proposed rule                   is Jim Valade (see ADDRESSES section).                Administration
      in accordance with the criteria of the
      National Environmental Policy Act                        Authority
                                                                                                                     50 CFR Part 648
      (NEPA) and have determined that this                       The authority to establish manatee
      action is categorically excluded from                    protection areas is provided by the                   [Docket No. 031015257–3257–01; I.D.
      review under NEPA (516 DM 2,                             Endangered Species Act of 1973, as                    092503C]
      Appendix 1.10). An environmental                         amended (16 U.S.C. 1531 et seq.), and                 RIN 0648–AQ79
      assessment was prepared for the                          the Marine Mammal Protection Act of
      establishment of all 13 manatee refuges                  1972 (16 U.S.C. 1361–1407), as                        Fisheries of the Northeastern United
      designated in November, 2002,                            amended.                                              States; Proposed 2004 Fishing Quotas
      including these refuges. Since the first                                                                       for Atlantic Surfclams, Ocean
      action was not implemented, Federal                      List of Subjects in 50 CFR Part 17
                                                                                                                     Quahogs, and Maine Mahogany Ocean
      signage has not yet been installed for                     Endangered and threatened species,                  Quahogs
      these two refuges, and removal of                        Exports, Imports, Reporting and
      Federal refuge designation will leave                    recordkeeping requirements,                           AGENCY: National Marine Fisheries
      comparable state requirements in place,                  Transportation.                                       Service (NMFS), National Oceanic and
      little or no change in the environment                                                                         Atmospheric Administration (NOAA),
                                                               Proposed Regulation Promulgation                      Commerce.
      has occurred that will be reversed as a
      result of the removal of Federal refuge                    Accordingly, we propose to amend                    ACTION: Proposed rule - 2004 fishing
      designation. Thus, no environmental                      part 17, subchapter B of chapter I, title             quotas for Atlantic surfclams, ocean
      assessment or environmental impact                       50 of the Code of Federal Regulations,                quahogs, and Maine mahogany ocean
      statement for the removal of Federal                     as follows:                                           quahogs; request for comments.
      refuge designation is required.
                                                               PART 17—[AMENDED]                                     SUMMARY: NMFS proposes quotas for the
      Government-to-Government                                                                                       Atlantic surfclam, ocean quahog, and
      Relationship With Tribes                                   1. The authority citation for part 17
                                                                                                                     Maine mahogany ocean quahog fisheries
                                                               continues to read as follows:
         In accordance with the President’s                                                                          for 2004. Regulations governing these
      memorandum of April 29, 1994,                              Authority: 16 U.S.C. 1361–1407; 16 U.S.C.           fisheries require NMFS to publish the
      ‘‘Government-to-Government Relations                     1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–           proposed specifications for the 2004
      with Native American Tribal                              625, 100 Stat. 3500; unless otherwise noted.          fishing year and seek public comment
      Governments’’ (59 FR 22951), Executive                     2. Amend § 17.108 as follows:                       on such proposed measures. The intent
      Order 13175, and the Department of the                     a. Remove paragraphs (c)(5),                        of this action is to propose allowable
      Interior’s manual at 512 DM 2, we                        including the map ‘‘Pansy Bayou                       harvest levels of Atlantic surfclams and
      readily acknowledge our responsibility                   Manatee Refuge,’’ and (c)(11), including              ocean quahogs from the Exclusive
      to communicate meaningfully with                         the map ‘‘Cocoa Beach Manatee                         Economic Zone and an allowable
      federally recognized Tribes on a                         Refuge.’’                                             harvest level of Maine mahogany ocean


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