Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25669

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–833; MM Docket No. 99–8; RM–9433,

RM–9692]

Radio Broadcasting Services; Mt.

Washington and Jefferson, NH, Newry,

ME

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of North Country Radio, allots

Channel 247A to Jefferson, NH, as the

community’s first local aural service

and denies the allotment of Channel

247A to Mt. Washington, NH, as the

community’s second local aural service.

This action also dismisses the

counterproposal filed by Barry P.

Lunderville to allot Channel 247A to

Newry, ME, as the community’s first

local aural service, because of his failure

to comply with the subscription and

verification requirements of Section

1.52 of the Commission’s Rules. See 64

FR 5626, February 4, 1999. Channel

247A can be allotted to Jefferson in

compliance with the Commission’s

mileage separation requirements, with

respect to domestic allotments, with a

site restriction of 5.1 kilometers (3.2

miles) southeast, at coordinates 44–23–

40 NL; 71–25–15 WL, to avoid a shortspacing to Station WGMT, Channel

249C3, Lyndon, VT. Use of these

coordinates will not negate the shortspacing to unoccupied and unappliedfor Channel 247C1 at both Sherbrook,

Quebec, and Thetford-Mines, Quebec,

Canada. Since Jefferson is located

within 320 kilometers (200 miles) of the

U.S.-Canadian border, concurrence by

the Canadian government in the

allotment, as a specially negotiated,

short-spaced allotment, has been

requested but has not yet been received.

However, rather than delay any further

the opportunity to file applications for

this channel, we will allot Channel

247A to Jefferson at this time. If a

construction permit is granted prior to

the receipt of formal concurrence in the

allotment by the Canadian Government,

the construction permit will include the

following condition: ‘‘Operation with

the facilities specified herein is subject

to modification, suspension, or

termination without right to hearing, if

found by the Commission to be

necessary in order to conform to the

Canada-United States FM Broadcast

Agreement or if objected to by Industry

Canada.’’ A filing window for Channel

247A at Jefferson will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

subsequent order.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–8,

adopted April 5, 2000, and released

April 14, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under New Hampshire, is

amended by adding Jefferson, Channel

247A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–10924 Filed 5–2–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–834; MM Docket No. 99–6; RM–9431,

RM–9596]

Radio Broadcasting Services; St.

Johnsbury and Barton, VT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Vermont Broadcast

Associates, Inc., allots Channel 262A to

Barton, VT, as the community’s first

local aural service and denies the

request of Dana Puopolo to allot

Channel 262A to St. Johnsbury, VT, as

the community’s second local FM and

third local aural service. See 64 FR

5624, February 4, 1999. Channel 262A

can be allotted to Barton in compliance

with the Commission’s minimum

distance separation requirements, with

respect to domestic allotments, without

the imposition of a site restriction, at

coordinates 44–44–54 North Latitude

and 72–10–36 West Longitude. Barton is

located within 320 kilometers (200

miles) of the U.S.-Canadian border and

use of these coordinates does not negate

the short-spacings to the proposed

allotment of Channel 262A at

Sherbrook, Quebec, and the vacant and

proposed to be deleted Channel 262A at

Magog, Quebec, Canada. Canadian

concurrence in the allotment of Channel

262A at Barton, as a specially-negotiated

short-spaced allotment, has been

requested but has not yet been received.

However, rather than delay any further

the opportunity to file applications for

this channel, we will allot Channel

262A to Barton at this time. If a

construction permit is granted prior to

the receipt of formal concurrence in the

allotment by the Canadian Government,

the construction permit will include the

following condition: ‘‘Operation with

the facilities specified herein is subject

to modification, suspension, or

termination without right to hearing, if

found by the Commission to be

necessary in order to conform to the

Canada-United States FM Broadcast

Agreement or if specifically objected to

by Industry Canada.’’ A filing window

for Channel 262A at Barton will not be

opened at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent order.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–6,

adopted April 5, 2000, and released

April 14, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

25670 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Vermont, is amended

by adding Barton, Channel 262A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–10923 Filed 4–28–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 991207322–0115–04; I.D.

042100B]

RIN 0648–AN30

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawl Activities;

Leatherback Conservation Zone

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is closing, for a twoweek period, all inshore waters and

offshore waters out to 10 nautical miles

(nm) (18.5 km) seaward of the COLREGS

demarcation line, bounded by 32° N. lat.

and 33° N. lat. within the Leatherback

Conservation Zone, to fishing by shrimp

trawlers required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, unless the

TED has an escape opening large

enough to exclude leatherback turtles,

as specified in the regulations. This

action is necessary to reduce mortality

of endangered leatherback sea turtles

incidentally captured in shrimp trawls.

DATES: This action is effective from

April 27, 2000 through 11:59 p.m. (local

time) on May 11, 2000.

ADDRESSES: Comments on this action

should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Comments may also be sent via

fax to 301–713–0376. Comments will

not be accepted if submitted via e-mail

or the Internet.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, (727) 570–5312, (ph.

727–570–5312, fax 727–570–5517, email Chuck.Oravetz@noaa.gov), or

Wanda L. Cain, (ph. 301–713–1401, fax

301–713–0376, e-mail

Wanda.Cain@noaa.gov).

For assistance in modifying TED

escape openings to exclude leatherback

sea turtles, fishermen may contact gear

specialists at the NMFS, Pascagoula, MS

laboratory by phone (228) 762–4591 or

fax (228) 769–8699.

SUPPLEMENTARY INFORMATION:

Prohibitions to taking sea turtles are

governed by regulations implementing

the Endangered Species Act at 50 CFR

parts 222 and 223. The incidental take

of turtles during shrimp fishing in the

Atlantic Ocean off the coast of the

southeastern United States and in the

Gulf of Mexico is excepted from the

taking prohibition pursuant to sea turtle

conservation regulations at 50 CFR

223.206, which include a requirement

that shrimp trawlers have a NMFSapproved TED installed in each net

rigged for fishing. The use of TEDs

significantly reduces mortality of

loggerhead, green, Kemp’s ridley, and

hawksbill sea turtles. Because

leatherback turtles are larger than the

escape openings of most NMFSapproved TEDs, use of these TEDs is not

an effective means of protecting

leatherback turtles.

Through a final rule (60 FR 47713

September 14, 1995), NMFS established

regulations to provide protection for

leatherback turtles when they occur in

locally high densities during their

annual, spring northward migration

along the Atlantic seaboard. Within the

Leatherback Conservation Zone, NMFS

may close an area for 2 weeks when

leatherback sightings exceed 10 animals

per 50 nm (92.6 km) during repeated

aerial surveys pursuant to

§ 223.206(d)(2)(iv)(A) through (C).

An aerial survey conducted on April

20, 2000, along the South Carolina coast

documented 28 leatherback turtles over

a total survey trackline of approximately

120 nm (222 km). The highest

concentrations were noted in waters off

the southern half of the state. Twentyone of the 28 leatherbacks were sighted

in the portion of the survey trackline

just 36.3 nm (67.2 km) long, from the

south end of Pritchards Island

(approximately 32°16′ N. lat, 080°36′ W.

long.) to the north end of Kiawah Island

(approximately 32°35′ N. lat., 079°59°

W. long.). In a 8.7-nm (16.1-km) section

of the survey trackline flown in a

northeasterly direction commencing

approximately 1 nm (1.8 km) off the

beach at the southern end of Edisto

Island (approximately 32°28′ N. lat.,

080°20′ W. long.), 7 leatherbacks were

sighted. A replicate survey flown later

in the flight (same course, speed, and

altitude) over the same 8.7 nm section

of trackline area sighted 11 leatherbacks.

Fishing effort appeared minimal at the

time of the survey. Only 8 vessels (7

underway shrimp trawlers and 1

stationary gillnet vessel) were observed

during the survey of the South Carolina

coast. The paucity of vessels is likely

due to the fact that shrimping in state

waters off South Carolina (and Georgia)

is scheduled to remain closed until mid

to late May.

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that all inshore waters and offshore

waters within 10 nm (18.5 km) seaward

of the COLREGS demarcation line,

bounded by 32° N. lat. and 33° N. lat.,

within the Leatherback Conservation

Zone are closed to fishing by shrimp

trawlers required to have a TED

installed in each net that is rigged for

fishing, unless the TED installed has an

escape opening large enough to exclude

leatherback turtles, meeting the

specifications at 50 CFR

223.207(a)(7)(ii)(B) or

223.207(c)(1)(iv)(B). These regulations

specify modifications that can be made

to either single-grid hard TEDs or Parker

soft TEDs to allow leatherbacks to

escape.

The regulations at 50 CFR

223.206(d)(2)(iv) also state that

fishermen operating in the closed area

with TEDs modified to exclude

leatherback turtles must notify the

NMFS Southeast Regional

Administrator of their intentions to fish

in the closed area. This aspect of the

regulations does not have a current

OMB control number, issued pursuant

to the Paperwork Reduction Act.

Consequently, fishermen are not

required to notify the Regional

Administrator prior to fishing in the

closed area, but they must still meet the

gear requirements.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

The AA is taking this action in

accordance with the requirements of 50

CFR 223.206(d)(2)(iv) to provide

protection for endangered leatherback

sea turtles from incidental capture and

drowning in shrimp trawls. Leatherback

sea turtles are occurring in high

concentrations in coastal waters in

shrimp fishery statistical zone 32. This