Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Rules and Regulations 24419

8. Section 1005.21 is amended by

revising paragraph (d) to read as

follows:

§ 1005.21 Appeal to DAB.

* * * * *

(d) There is no right to appear

personally before the DAB or to appeal

to the DAB any interlocutory ruling by

the ALJ, except on the timeliness of a

filing of the hearing request.

* * * * *

PART 1006—[AMENDED]

D. Part 1006 is amended as follows:

1. The authority citation for part 1006

continues to read as follows:

Authority: 42 U.S.C. 405(d), 405(e), 1302

and 1320a-7a.

2. Section 1006.4 is amended by

republishing the introductory text of

paragraph (b) and by revising paragraph

(b)(2) to read as follows:

§ 1006.4 Procedures for investigational

inquiries.

* * * * *

(b) Investigational inquiries are nonpublic investigatory proceedings.

Attendance of non-witnesses is within

the discretion of the OIG, except that—

* * * * *

(2) Representatives of the OIG are

entitled to attend and ask questions.

* * * * *

Dated: April 19, 1999.

June Gibbs Brown,

Inspector General.

Approved: November 24, 1999.

Donna E. Shalala,

Secretary.

[FR Doc. 00–10142 Filed 4–25–00; 8:45 am]

BILLING CODE 4150–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[GN Docket No. 93–252, PR Docket No. 93–

144, PR Docket No. 89–553; FCC 00–106]

Commercial Mobile Radio Service

(CMRS)

AGENCY: Federal Communications

Commission.

ACTION: Final rule; dismissing various

petitions for reconsideration.

SUMMARY: This document dismisses or

denies fourteen of the fifteen petitions

for reconsideration filed against an

earlier Federal Communications

Commission (Commission) order. The

Commission takes this action because

most of the issues raised in the petitions

have been addressed in or rendered

moot by action taken in other

Commission orders. Other issues raised

in the petitions are being considered in

ongoing Commission proceedings. The

Commission does, however, amend its

rules to clarify the station identification

requirements applicable to CMRS

providers licensed under its private

land mobile radio services rules.

DATES: Effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Wilbert E. Nixon, Jr., Policy and Rules

Branch, Commercial Wireless Division,

Wireless Telecommunications Bureau,

at (202) 418–7240.

SUPPLEMENTARY INFORMATION: In this

document released on April 7, 2000, the

Commission, resolves various petitions

for reconsideration of Implementation of

Sections 3(n) and 332 of the

Communications Act, Regulatory

Treatment of Mobile Services, GN

Docket No. 93–252, Third Report and

Order, 59 FR 59945 (November 21,

1994) (CMRS Third Report and Order).

The primary goal of the CMRS Third

Report and Order was to establish the

regulatory framework for implementing

the mandate of the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No.

103–66, Title VI § 6002(b), 107 Stat. 312,

392 (1993) (1993 Budget Act), to treat

‘‘substantially similar’’ CMRS providers

in a similar regulatory manner. In the

five years since the release of the CMRS

Third Report and Order, this task has

been accomplished through the revision

of scores of Commission rule sections in

several Commission proceedings. In

fact, the majority of the issues raised in

the petitions have been addressed in or

rendered moot by Commission action

taken in Amendment of Part 90 of the

Commission’s Rules to Facilitate Future

Development of SMR Systems in the

800 MHz Frequency Band, PR Docket

No. 93–144, Implementation of Sections

3(n) and 322 of the Communications

Act—Regulatory Treatment of Mobile

Services, GN Docket No. 93–252,

Implementation of Section 309(j) of the

Communications Act—Competitive

Bidding, PP Docket No. 93–253, First

Report and Order, Eighth Report and

Order and Second Further Notice of

Proposed Rulemaking, 61 FR 6212

(February 16, 1996) (800 MHz Report

and Order), Amendment of Parts 0, 1,

13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and

101 of the Commission’s Rules to

Facilitate the Development and Use of

the Universal Licensing System in the

Wireless Telecommunications Service,

WT Docket No. 98–20, Report and

Order, 63 FR 68904 (December 14, 1998)

(ULS Report and Order), and other

Commission orders released subsequent

to the release of the CMRS Third Report

and Order. Other issues raised in the

petitions are being considered in

ongoing Commission proceedings. For

these reasons, with one exception, the

Commission dismisses or denies all of

the pending petitions for

reconsideration. The Commission does,

however, amend §§ 90.425 and 90.647

of our rules to clarify the station

identification requirements applicable

to CMRS providers licensed under part

90. The amended rule language appears

below.

This Order (FCC 00–106), adopted

March 17, 2000 and released on April 7,

2000, is available for inspection and

copying during normal business hours

in the FCC Reference Center, 445

Twelfth Street, SW, Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service, Inc.

1231 20th Street, NW, Washington DC

20036 (202) 857–3800. The document is

also available via the Internet at http:/

/www.fcc.gov/Bureaus/Wireless/

Orders/.

I. Final Regulatory Flexibility

Certification

1. Final Regulatory Flexibility

Certification. In this Memorandum

Opinion and Order on Reconsideration,

we amend §§ 90.425 and 90.647(d) of

the Commission’s rules as set forth in

the Rule Changes below. The amended

rules clarify that all part 90 CMRS

providers licensed by geographic area

are exempt from station identification

requirements, and that other part 90

CMRS providers need comply only with

the streamlined station identification

requirements of § 90.425(e).

Specifically, the amendments clarify

that station identification need only

occur once an hour instead of once

every 15 minutes and that the affected

CMRS providers need not comply with

other detailed technical requirements.

We therefore certify, pursuant to the

Regulatory Flexibility Act, that the rules

adopted in this Order will not have a

significant economic impact on a

substantial number of small entities.

2. The Commission will send a copy

of this Memorandum Opinion and

Order on Reconsideration, including

specifically a copy of this final

certification, in a report to Congress

pursuant to the Small Business

Regulatory Enforcement Fairness Act of

1996, see 5 U.S.C. 801(a)(1)(A). In

addition, the Memorandum Opinion

and Order on Reconsideration and this

certification will be sent to the Chief

Counsel for Advocacy of the Small

Business Administration, and will be

24420 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Rules and Regulations

published in the Federal Register. See

5 U.S.C. 605(b).

II. Ordering Clauses

3. Accordingly, It is Ordered,

pursuant to Sections 4(i), 303(r), 309(j),

332, and 405 of the Communications

Act of 1934, as amended, 47 U.S.C.

154(i), 303(r), 309(j), 332, and 405, and

Section 1.429(i) of the Commission’s

rules, 47 CFR 1.429(i), that the petition

for reconsideration or clarification filed

by American Mobile

Telecommunications Association, Inc.

IS GRANTED to the extent that

American Mobile Telecommunications

Association, Inc. seeks clarification of

§ 90.425 of the Commission’s rules.

4. It is further Ordered that in all other

respects, the petitions for

reconsideration and/or clarification of

the CMRS Third Report and Order in

GN Docket No. 93–252 discussed herein

are dismissed to the extent they are

identified herein as moot, and otherwise

are denied.

5. It is Further Ordered that the

Commission’s Consumer Information

Bureau, Reference Information Center,

shall send a copy of this Memorandum

Opinion and Order on Reconsideration,

including the Final Regulatory

Flexibility Certification, to the Chief

Counsel for Advocacy of the Small

Business Administration.

List of Subjects in 47 CFR Part 90

Administrative practice and

procedure, Business and industry,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Deputy Secretary.

William F. Caton,

Rule Changes

As discussed in the preamble, 47 CFR

Part 90 is amended as follows:

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for Part 90

continues to read as follows:

Authority: Secs. 4(i), 11, 303(g), 303(r), and

332(c)(7) of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 161, 303(g),

303(r), 332(c)(7).

2. Section 90.425 is amended by

revising paragraphs (a) introductory text

and (e)(1) to read as follows:

§ 90.425 Station identification.

* * * * *

(a) Identification procedure. Except as

provided for in paragraphs (d) and (e) of

this section, each station or system shall

be identified by the transmission of the

assigned call sign during each

transmission or exchange of

transmissions, or once each 15 minutes

(30 minutes in the Public Safety Pool)

during periods of continuous operation.

The call sign shall be transmitted by

voice in the English language or by

International Morse Code in accordance

with paragraph (b) of this section. If the

station is employing either analog or

digital voice scrambling, or non-voice

emission, transmission of the required

identification shall be in the

unscrambled mode using A3E, F3E or

G3E emission, or International Morse,

with all encoding disabled. Permissible

alternative identification procedures are

as follows:

* * * * *

(e) * * *

(1) Station identification will not be

required for 929–930 MHz nationwide

paging licensees or MTA or EA-based

SMR licensees. All other CMRS stations

will be required to comply with the

station identification requirements of

this paragraph.

3. Section 90.647 is amended by

adding a paragraph (d) to read as

follows:

§ 90.647 Station identification.

* * * * *

(d) Notwithstanding the requirements

set forth in this paragraph, systems

operated by geographic area CMRS

licensees are subject only to the station

identification requirements of

§ 90.425(e).

[FR Doc. 00–10354 Filed 4–25–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN–1018–AF45

Endangered and Threatened Wildlife

and Plants; Final Rule To Remove the

Umpqua River Cutthroat Trout From

the List of Endangered Wildlife

AGENCIES: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (FWS), are amending

the current regulations by removing the

entry of the Umpqua River Ecologically

Significant Unit (ESU) of the coastal

cutthroat trout (Oncorhynchus clarki

clarki) from the List of Endangered and

Threatened Wildlife (List). The National

Marine Fisheries Service (NMFS),

which has jurisdiction for this

population, has determined that the

Umpqua River cutthroat trout

population, formerly identified as an

ESU of the species, is part of a larger

population segment that previously was

determined to be neither endangered

nor threatened as defined by the

Endangered Species Act (Act).

Therefore, NMFS determined that the

Umpqua River cutthroat trout should be

removed from the List of Endangered

and Threatened Wildlife and

recommended that the Department of

the Interior implement this action by

amending the List accordingly. We

concur with the determination by NMFS

and are removing all of the Act’s

protections, including critical habitat

designation, for this population in the

Umpqua River basin.

DATES: This rule is effective April 26,

2000.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours, at Branch of Conservation and

Classification, Division of Endangered

Species, U.S. Fish and Wildlife Service,

4401 N. Fairfax Dr., Room 420,

Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Nancy Gloman, Chief, Division of

Endangered Species, U.S. Fish and

Wildlife Service, at the above address or

telephone 703/358–2171.

SUPPLEMENTARY INFORMATION:

Background

The coastal cutthroat trout subspecies

(Oncorhynchus clarki clarki) is native to

western North America and is found in

the coastal temperate rainforests from

southeast Alaska to northern California

(Trotter 1989). The populations

addressed in this document inhabit the

Umpqua River basin of coastal Oregon.

Details of the coastal cutthroat trout’s

life history and ecology, including

particular aspects of the various resident

and migratory life forms, can be found

in published reviews by Pauley et al.

(1989), Trotter (1989), Behnke (1992),

Johnson et al. (1994), and Johnson et al.

(1999).

Previous ESA Actions Related to

Coastal Cutthroat Trout

Descriptions of previous Federal

actions pertaining to coastal cutthroat

trout are summarized in the Federal

Register notice on the transfer of agency

jurisdiction (65 FR 21376, April 21,

2000), final delisting rule published by

NMFS (65 FR 20915, April 19, 2000),

the proposed delisting rule (64 FR

16397, April 5, 1999), and the initial

listing determination (61 FR 41514,