30558 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules

(2) If granted, extensions of time will

generally be limited to 30 days.

(3) Resubmissions must reference the

application number of the earlier

submission. The resubmission may be

made by letter to the Director. The

record of a resubmitted application shall

include the original submission on file

with the Department. Any new material

or information contained in a

resubmission, which should address the

specific deficiencies cited in the DWOP

letter, should be clearly labeled and

referenced to the applicable question on

the application form. The resubmission

must be for the instrument covered by

the original application unless the

DWOP letter specifies to the contrary.

The resubmission shall be subject to the

certification made on the original

application.

* * * * *

(5) * * * Resubmission by fax, e-mail

or other electronic means is acceptable

provided an appropriate return number

or address is provided in the

transmittal. Resubmissions must clearly

indicate the date of transmittal to the

Director.

8. Amend § 301.6 by revising

paragraphs (a) and (c) to read as follows:

§ 301.6 Appeals.

(a) An appeal from a final decision

made by the Director under § 301.5(f)

may be taken in accordance with U.S.

Note 6(e), Subchapter X, Chapter 98,

HTSUS, only to the U.S. Court of

Appeals for the Federal Circuit and only

on questions of law, within 20 days after

publication of the decision in the

Federal Register. If at any time while its

application is under consideration by

the Court of Appeals on an appeal from

a finding by the Director an institution

cancels an order for the instrument to

which the application relates or ceases

to have a firm intention to order such

instrument, the institution shall

promptly notify the court.

* * * * *

(c) Questions regarding appeal

procedures should be addressed directly

to the U.S. Court of Appeals for the

Federal Circuit, Clerk’s Office,

Washington, DC 20439.

§ 301.7 [Amended]

9. Amend § 301.7 by removing ‘‘(see

§ 301.6(a))’’ from the first sentence of

paragraph (a).

10. Amend § 301.8 as follows:

a. Amend paragraph (a)(1) by adding

‘‘(as defined in 19 CFR 101.1)’’ after

‘‘Customs territory of the United

States’’;

b. Amend the second sentence of

paragraph (a)(5) by adding the words

‘‘either by delaying importation or by

placing the instrument in a bonded

warehouse or foreign trade zone,’’ after

the words ‘‘duty-free entry of the

instrument,’’;

c. Amend paragraph (b) by removing

‘‘above’’ and ‘‘mentioned’’ from the first

sentence;

d. Amend paragraph (c) by removing

‘‘of § 301.8’’ in the first sentence and

adding a comma after ‘‘provisions’’;

e. Revise paragraph (d) to read as

follows:

§ 301.8 Instructions for entering

instruments through U.S. Customs under

subheading 9810.00.60, HTSUS.

* * * * *

(d) Payment of duties. The importer of

record will be billed for payment of

duties when Customs determines that

such payment is due. If a refund of a

deposit made pursuant to paragraph

(a)(4) of this section is due, the importer

should contact Customs officials at the

port of entry, not the Department of

Commerce.

§ 301.9 [Amended]

11. Amend § 301.9 by removing

‘‘latter’’ from the first sentence of the

introductory text of paragraph (a) and

adding ‘‘receiving’’ in its place.

12. § 301.10 is revised to read as

follows:

§ 301.10 Importation of repair components

and maintenance tools under HTSUS

subheadings 9810.00.65 and 9810.00.67 for

instruments previously the subject of an

entry liquidated under subheading

9810.00.60, HTSUS.

(a) An institution owning an

instrument that was the subject of an

entry liquidated duty-free under

subheading 9810.00.60, HTSUS, that

wishes to enter repair components or

maintenance tools for that instrument

may do so without regard to the

application procedures required for

entry under subheading 9810.00.60,

HTSUS. The institution must certify to

Customs officials at the port of entry

that such components are repair

components for that instrument under

subheading 9810.00.65, HTSUS, or that

the tools are maintenance tools

necessary for the repair, checking,

gauging or maintenance of that

instrument under subheading

9810.00.67, HTSUS.

(b) Instruments entered under

subheading 9810.00.60, HTSUS, and

subsequently returned to the foreign

manufacturer for repair, replacement or

modification are not covered by

subheading 9810.00.65 or 9810.00.67,

HTSUS, although they may, upon return

to the United States, be eligible for a

reduced duty payment under

subheading 9802.00.40 or 9802.00.50,

HTSUS (covering articles exported for

repairs or alterations) or may be made

the subject of a new application under

subheading 9810.00.60, HTSUS.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

Raymond W. Kelly,

Commissioner of Customs.

Dated: May 3, 2000.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 00–11734 Filed 5–11–00; 8:45 am]

BILLING CODES 3510–DS–P; 4820–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–916, MM Docket No. 00–69, RM–

9850]

Radio Broadcasting Services;

Cheboygan and Rogers City, MI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Escanaba License Corp. proposing the

allotment of Channel 260C2 at

Cheboygan, Michigan. The coordinates

for Channel 260C2 at Cheboygan are 45–

33–53 and 84–07–54. There is a site

restriction 28.7 kilometers (17.8 miles)

east of the community. To accommodate

the new allotment at Cheboygan, we

shall also propose to substitute Channel

292C2 for Channel 260C2 at Rogers City,

Michigan, and modification of the

license for Station WHAK to specify

operation on Channel 292C2. The

coordinates for Channel 292C2 at Rogers

City are 45–23–53 and 83–55–19.

Canadian concurrence will be requested

for the allotments at Cheboygan and

Rogers City, Michigan.

DATES: Comments must be filed on or

before June 16, 2000, and reply

comments on or before July 3, 2000.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, as follows: Lyle Robert

Evans, President, Escanaba License

Corp., 1101 Ludington Street, Escanaba,

Michigan 49829.

Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Proposed Rules 30559

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

00–69, adopted April 12, 2000, and

released April 25, 2000. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–11912 Filed 5–11–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 050500A]

RIN 0648–AK74

Fisheries of the Exclusive Economic

Zone Off Alaska; Prohibition of

Groundfish Fishing and Anchoring in

the Sitka Pinnacles Marine Reserve

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability; request

for comments.

SUMMARY: The North Pacific Fishery

Management Council (Council) has

submitted Amendment 59 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMP). This amendment

would prohibit vessels holding a

Federal fisheries permit from fishing for

groundfish or anchoring in the proposed

Sitka Pinnacles Marine Reserve, a 2.5-

square nautical mile (nm) area near

Cape Edgecumbe. Amendment 59 is

necessary to allow this area to function

more fully as a marine refuge and would

complement State regulations. The

prohibition of boat anchoring by vessels

under Federal jurisdiction would help

prevent degradation of this fragile

habitat.

DATES: Comments on Amendment 59

must be submitted by July 11, 2000.

ADDRESSES: Comments should be

submitted to Sue Salveson, Assistant

Regional Administrator, Sustainable

Fisheries Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel. Comments

may also be sent via facsimile (fax) to

907–586–7465, or hand delivered or

sent by courier to the Federal Building,

Room 453, Juneau, AK. Comments will

not be accepted if submitted via e-mail

or the Internet.

Copies of Amendment 59 to the FMP

and the Environmental Assessment/

Regulatory Impact Review/Initial

Flexibility Analysis prepared for the

amendment are available from the North

Pacific Fishery Management Council,

605 West 4th Avenue, Suite 306,

Anchorage, AK 99501–2252; telephone

907–271–2809.

FOR FURTHER INFORMATION CONTACT:

Nina Mollett, 907–586–7462,

nina.mollett@noaa.gov.

SUPPLEMENTARY INFORMATION: The

Council adopted Amendment 59 to the

FMP at its June 1998 meeting pursuant

to the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). If approved by

NMFS, this amendment would prohibit

vessels holding a Federal fisheries

permit from fishing for groundfish or

anchoring in the Sitka Pinnacles Marine

Reserve, a 2.5-square nm area of

unusually productive and fragile habitat

near Cape Edgecumbe. In addition, the

amendment would prohibit fishing for

halibut or anchoring in the area by

vessels required to have on board an

individual fishing quota (IFQ) halibut

permit under § 679.4(b). In addition, the

area would be closed to sport fishing for

halibut as defined at § 300.61, or

anchoring by vessels having halibut on

board. The International Pacific Halibut

Commission manages Pacific halibut

pursuant to the Northern Pacific Halibut

Act.

The proposed Sitka Pinnacles Marine

Reserve provides habitat for a variety of

species at different life stages. Large

numbers of juvenile and adult rockfish

find shelter and protection among the

sea plants and invertebrates growing on

the rock walls. Closure of this area

would protect the fragile ecosystem in

the pinnacles. It would prevent the

harvest or bycatch of species using the

pinnacles during critical portions of

their life histories, and would allow a

vital ecosystem to maintain natural

population levels in an area surrounded

by heavy fishing pressure.

The Magnuson-Stevens Act requires

that each Regional Fishery Management

Council submit any fishery management

plan or fishery management plan

amendment it prepares to NMFS for

review and approval, disapproval, or

partial approval. The Magnuson-Stevens

Act also requires that NMFS, upon

receiving a fishery management plan or

amendment, immediately publish a

notification in the Federal Register that

the amendment is available for public

review and comment. This action

constitutes such notice for FMP

Amendment 59. NMFS will consider the

public comments received during the

comment period in determining

whether to approve Amendment 59. To

be considered, a comment must be

received by close of business on the last

day of the comment period (see DATES),

regardless of the comment’s postmark or

transmission date. A proposed rule that

would implement the amendment may

be published in the Federal Register for

public comment following NMFS’

evaluation under the Magnuson-Stevens

Act procedures. Public comments on the

proposed rule must be received by the

end of the comment period on the

amendment in order to be considered in

the approval/disapproval decision on

the amendment. All comments received

by the end of the comment period on

the amendment, whether specifically

directed to the amendment or to the

proposed rule, will be considered in the

approval/disapproval decision;

comments received after that date will

not be considered in the approval/

disapproval decision on the

amendment.

Dated: May 8, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–12027 Filed 5–11–00; 8:45 am]

BILLING CODE 3510–22–F