31498 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

§ 228.15 Dumping sites designated on a

final basis.

* * * * *

(j) * * *

(21) Atchafalaya River and Bayous

Chene, Boeuf, and Black, LA

(i) Location: 29E20′59.92′′ N, 91E 23′

33.23′′ W; 29E20′43.94′′ N, 91E23′09.73′′

W; 29E08′15.46′′ N, 91E34′51.02′′ W;

and 29E07′59.43′′ N, 91E34′27.51′′ W.

(ii) Size: 9.14 square miles.

(iii) Depth: Average water depth of 16

feet.

(iv) Primary Use: Dredge material.

(v) Period of Use: Indefinite period of

time.

(vi) Restriction: Disposal shall be

limited to dredged material from the bar

channel of the Atchafalaya River and

Bayous Chene, Boeuf, and Black,

Louisiana.

* * * * *

[FR Doc. 00–12388 Filed 5–17–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–322; MM Docket No. 98–112; RM–

9027; RM–9268; RM–9384]

Radio Broadcasting Services;

Anniston and Ashland, AL, and

College Park, GA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: At the request of WNNX

License Investment Company this

document substitutes Channel 263C3 for

Channel 263C at Anniston, Alabama,

reallots Channel 263C3 to College Park,

Georgia, and modifies the license of

Station WHMA to specify operation on

Channel 263C3 at College Park. In

addition, this document allots Channel

261C3 to Anniston, Alabama, and

Channel 264A to Ashland, Alabama. See

63 FR 38787, published July 20, 1998.

The reference coordinates for Channel

263C3 at College Park, Georgia, are 33–

45–32 and 84–30–10. The reference

coordinates for Channel 261C3 at

Anniston, Alabama, are 33–40–51 and

85–48–56. The reference coordinates for

Channel 264A at Ashland, Alabama, are

33–13–15 and 85–49–35. With this

action, the proceeding is terminated.

DATES: Effective June 14, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 98–112,

adopted April 24, 2000, and released

April 28, 2000. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC’s Reference Information

Center at Portals II, CY-A257, 445 12th

Street, SW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, 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 Alabama, is amended

by removing Channel 263C and adding

Channel 261C3 at Anniston.

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

Allotments under Alabama, is amended

by adding Channel 264A, at Ashland.

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

Allotments under Georgia, is amended

by adding College Park, Channel 263C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–12256 Filed 5–17–00; 8:45 am]

BILLING CODE 6712–01–P

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1516 and 1552

[FRL–6606–6]

RIN 2030–AA74

Acquisition Regulation: Award Fee

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on amending the EPA

Acquisition Regulation (EPAAR) to

comport with changes made to the

Federal Acquisition Regulation (FAR) in

Federal Acquisition Circular (FAC) 97–

15 dated December 27, 1999 (FAR Case

98–017). The changes to the FAR were

made to implement the rulings of the

United States Court of Appeals and the

United States Court of Federal Claims

that the Contracts Disputes Act applies

to all disputes arising under

Government contracts, unless a more

specific statute provides for other

remedies.

DATES: This rule is effective on August

16, 2000, without further notice, unless

EPA receives adverse comments by June

19, 2000. If we receive adverse

comments, we will, before the rule’s

effective date, publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments should

be submitted to the contact listed below

at the following address: U.S.

Environmental Protection Agency,

Office of Acquisition Management

(3802R), Ariel Rios Building, 1200

Pennsylvania Avenue, NW, Washington,

D.C. 20460. Comments and data may

also be submitted electronically by

sending electronic mail (e-mail) to:

rellins.jean@epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in Corel WordPerfect

format or ASCII file format. No

confidential business information (CBI)

should be submitted through e-mail.

Electronic comments on this rule may

be filed on-line at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Jean

Rellins, U.S. EPA, Office of Acquisition

Management, (3802R), Ariel Rios

Building, 1200 Pennsylvania Avenue,

NW, Washington, DC 20460, Telephone:

(202) 564–4434.

SUPPLEMENTARY INFORMATION:

A. Background

Why is EPA utilizing a direct final

rule to revise an EPAAR clause? Federal

Acquisition Circular 97–15 amended the

FAR to implement the rulings of the

United States Court of Appeals and the

United States Court of Federal Claims

(Burnside-Ott case) that the Contract

Disputes Act applies to all disputes

arising under Government contracts,

unless a more specific statute provides

for other remedies. This direct final rule

is being published without prior

proposal because we view this as a noncontroversial change to the EPAAR

intended to make the EPAAR consistent

with the FAR. We do not anticipate any

adverse comments. This rule will be

effective on August 16, 2000, without

further notice unless we receive adverse

comments by June 19, 2000. If EPA

receives adverse comments, we will,

Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations 31499

before the rule’s effective date, publish

a timely withdrawal in the Federal

Register informing the public that the

rule will not take effect. We also will

publish a notice of proposed rulemaking

in a future edition of the Federal

Register. We will address the comments

on the direct final rule as part of that

proposed rulemaking.

B. Executive Order 12866

This direct final rule is not a

significant regulatory action for the

purposes of Executive Order 12866;

therefore, no review is required by the

Office of Information and Regulatory

Affairs within the Office of Management

and Budget (OMB).

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this direct final rule

does not contain information collection

requirements that require the approval

of OMB under the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

D. Regulatory Flexibility Act

The EPA certifies that this direct final

rule does not exert a significant

economic impact on a substantial

number of small entities. The

requirements to contractors under the

rule impose no reporting, record

keeping, or any compliance costs.

E. Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess their

regulatory actions on State, local, and

Tribal governments, and the private

sector. This direct final rule does not

contain a Federal mandate that may

result in expenditures of $100 million or

more for State, local, and Tribal

governments, in the aggregate, or the

private sector in one year. Any private

sector costs for this action relate to

paperwork requirements and associated

expenditures that are far below the level

established for UMRA applicability.

Thus, the rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

F. Executive Order 13045

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) Is determined to be economically

significant as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to E.O. 13045

because it is not an economically

significant rule as defined by E.O.

12866, and because it does not involve

decisions on environmental health or

safety risks.

G. Executive Order 13132

Executive Order 13132 entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under Section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This direct final rule does not have

federalism implications. It will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This direct final

rule merely changes the EPAAR to be

consistent with the FAR. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

H. Executive Order 13084

Under E.O. 13084, EPA may not issue

a regulation that is not required by

statute, that significantly or uniquely

affects the communities of Indian Tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by Tribal governments, or

EPA consults with those governments. If

EPA complies by consulting, E.O. 13084

requires EPA to provide to the OMB, in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected Tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, E.O. 13084

requires EPA to develop an effective

process permitting elected and other

representatives of Indian Tribal

government ‘‘to provide meaningful and

timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian Tribal governments.

Accordingly, the requirements of

section 3(b) of E.O. 13084 do not apply

to this rule.

I. National Technology Transfer and

Advancement Act of 1995

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impracticable. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This rule does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

J. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rules report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

31500 Federal Register / Vol. 65, No. 97 / Thursday, May 18, 2000 / Rules and Regulations

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

Accordingly, under the authority of 5

U.S.C. 301; Sec. 205(c), 63 Stat. 390, as

amended, 40 U.S.C. 486(c), 48 CFR

Chapter 15 is amended as follows:

List of Subjects in 48 CFR Part 1516 and

1552

Government procurement.

1. The authority citation for part 1516

continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390, as

amended, 40 U.S.C. 486(c).

2. Section 1516.405 is amended by

revising paragraph (a) as follows:

1516.405 Contract clauses.

(a) The Contracting Officer shall insert

the clause at 1552.216–70, Award fee

(May 2000), in solicitations and

contracts where a cost-plus-award-fee

contract is contemplated.

* * * * *

3. The authority citation for part 1552

continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390, as

amended, 40 U.S.C. 486(c).

4. Section 1552.216–70 is amended by

revising the prescription date from

(SEPT 1995) to (May 2000), and revising

paragraph (b) to read as follows:

1552.216–70 Award fee.

* * * * *

(b) Award fee determinations made by

the Government under this contract are

unilaterally determined by the Fee

Determination Official (FDO). The

amount of the award fee to be paid is

determined by the Government’s

judgmental evaluation of the

contractor’s performance in terms of the

criteria stated in the contract. This

determination and the methodology for

determining the award fee are unilateral

decisions made solely at the discretion

of the Government.

* * * * *

Dated: April 28, 2000.

Betty L. Bailey,

Director, Office of Acquisition Management.

[FR Doc. 00–12022 Filed 5–17–00; 8:45 am]

BILLING CODE 6560–50–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 000511138–0138–01; I.D.

051100B]

RIN 0648–A019

Sea Turtle Conservation; Restrictions

to Fishing Activities

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is closing an area along

eastern North Carolina and Virginia to

fishing with large-mesh gillnets with a

stretched mesh size of 6 inches (15.24

cm) or greater for a 30-day period. The

closed area includes all Atlantic Ocean

waters between Cape Hatteras and 38°

N. latitude (near the Virginia-Maryland

border), west of 75° W. longitude, and

a specified part of Chesapeake Bay.

NMFS is taking this action because of its

determination that gillnet fishing with

large-mesh gillnets is the most likely

cause of significant increases in the

stranding of sea turtles listed as

threatened or endangered under the

Endangered Species Act (ESA) along the

eastern coast of North Carolina. This

action is necessary to protect threatened

and endangered turtles from being taken

by large-mesh gillnets along the North

Carolina and Virginia coasts during

their northern migration.

DATES: This action is effective from May

12, 2000 through June 12, 2000.

Comments on this action are requested,

and must be received at the appropriate

address or fax number (ADDRESSES) by

no later than 5 p.m., eastern daylight

time, on June 12, 2000.

ADDRESSES: Written 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 (ph. 727–570–5312,

fax 727–570–5517, e-mail

Chuck.Oravetz@noaa.gov), or Barbara A.

Schroeder (ph. 301–713–1401, fax 301–

713–0376, e-mail

Barbara.Schroeder@noaa.gov).

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened,

except for populations of green turtles

in Florida and on the Pacific coast of

Mexico, which are listed as endangered.

Under the ESA and its implementing

regulations, taking sea turtles—even

incidentally—is prohibited, with

exceptions identified in 50 CFR

223.206. The incidental take of

endangered species may only legally be

authorized by an incidental take

statement or an incidental take permit

issued pursuant to section 7 or 10 of the

ESA. Existing sea turtle conservation

regulations specify procedures that

NMFS may use to determine that

unauthorized takings of sea turtles are

occurring during fishing activities, and

to impose additional restrictions to

conserve listed sea turtles and to

prevent unauthorized takings (50 CFR

223.206(d)(4)). Restrictions may be

effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each.

Recent Events

The Sea Turtle Salvage and Stranding

Network has documented a high level of

sea turtle strandings in North Carolina

this spring. There have been two

stranding events involving

unprecedented numbers of turtles, along

the Outer Banks in Dare and Hyde

counties.

During the first stranding event, a

total of 71 turtles (69 loggerheads and 2

Kemp’s ridleys) washed ashore on the

ocean-facing beaches between Rodanthe

and Ocracoke from April 14–17, 2000.

There were no externally obvious signs

of death on the turtles. Necropsies

revealed that the turtles had excellent

fat stores and were probably in good

health prior to their deaths. A few of the

turtles had been feeding on nearshore,

benthic species, but most had empty

guts, suggesting that they were in a

migratory, rather than foraging, mode.

The uniform state of decomposition of

the turtles indicated that they had likely

all died suddenly within a short period

of time, probably no more than a few

days before stranding on the beach.

Large amounts of sargassum weed blew

ashore, coincident with the turtle

strandings, and indicative of the