Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations 33779

Canada, and Channel 275A at Westport

will be short-spaced to Station CITE1,

Channel 274C1, Sherbrooke, Quebec,

Canada. Therefore, concurrence in these

allotments, as specially-negotiated

short-spaced allotments, was requested

in October, 1999, but has not yet been

received. However, rather than delay

any further the opportunity to file

applications for these channels, we will

allot Channel 296A at Saranac Lake and

Channel 275A at Westport 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.’’ A filing window for

Channel 296A at Saranac Lake 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.

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 York, is

amended by adding Channel 296A at

Saranac Lake, and removing Channel

273A and adding Channel 275A at

Westport.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–13137 Filed 5–24–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–920; MM Docket No. 99–103; RM–

9506; RM–9829]

Radio Broadcasting Services; Bayfield,

CO and Teec Nos Pos, AZ

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

223A, in lieu of previously proposed

Channel 237A, to Bayfield, Colorado, as

an additional local FM transmission

service at that community in response to

a petition for rule making filed by

Mountain West Broadcasting (RM–

9506). See 64 FR 17141, April 8, 1999.

Additionally, Channel 237C1 is allotted

to Teec Nos Pos, Arizona, as that

community’s first local aural

transmission service, in response to a

counterproposal filed on behalf of Voice

Ministries of Farmington, Inc. (RM–

9829). Coordinates used for Channel

223A at Bayfield, Colorado, are 37–07–

29 NL; 107–34–10 WL; coordinates used

for Channel 237C1 at Teec Nos Pos,

Arizona, are 36–54–36 NL; 109–06–00

WL.

DATES: Effective June 9, 2000. A filing

window period for Channel 223A at

Bayfield, Colorado, and for Channel

237C1 at Teec Nos Pos, Arizona, will

not be opened at this time. Instead, the

issue of opening a filing window for

those channels will be addressed by the

Commission in a subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

application filing process should be

addressed to the Audio Services

Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–103,

adopted April 19, 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 FCC’s Reference

Information Center (Room CY-A257),

445 Twelfth Street, SW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

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 Arizona, is amended

by adding Teec Nos Pos, Channel

237C1.

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

Allotments under Colorado, is amended

by adding Bayfield, Channel 223A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–13135 Filed 5–24–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 000519147–0147–01; I.D.

051800C]

RIN 0648–AO22

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 2 week

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.

(approximately Tybee Island, Georgia)

and 34° N. lat. (approximately

Wilmington Beach, North Carolina)

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 May

19, 2000 through 11:59 p.m. (local time)

on June 2, 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.

33780 Federal Register / Vol. 65, No. 102 / Thursday, May 25, 2000 / Rules and Regulations

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

Barbara A. Schroeder, (ph. 301–713–

1401, fax 301–713–0376, e-mail

Barbara.Schroeder@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 May

12, 2000, along the South Carolina coast

documented 14 leatherback turtles over

a total survey trackline of approximately

39.7 nm (73.6 km). The survey trackline

was flown in a northeasterly direction

commencing approximately 1 nm (1.9

km) offshore of Bull’s Island (32°55′ N.

lat., 080°39′ W. long.) and terminating

approximately 1 nm (1.9 km) off of

Winyah Bay (33°13′ N. lat., 080°11′ W.

long.). A replicate survey conducted on

May 16, 2000 sighted 12 leatherbacks in

46 nm (85.2 km) of trackline. This

survey was flown in a northeasterly

direction commencing approximately 1

nm (1.9 km) offshore of Isle of Palms

(32°46′ N. lat., 080°46′ W. long.) and

terminating approximately 1 nm (1.9

km) offshore of North Island (33°15′ N.

lat., 080°11′ W. long.). Fishing effort

appeared heavy at the time of the

survey. One hundred and sixteen

vessels (77 underway shrimp trawlers)

were observed during the survey of the

South Carolina coast.

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 34° 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

Office of Management and Budget

(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 Executive

Order 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 zones 32 and

33. This action allows shrimp fishing to

continue in the affected area and

informs fishermen of the gear changes

that they can make to protect

leatherback sea turtles.

Pursuant to 5 U.S.C. 553(b)(B), the AA

finds that there is good cause to waive

prior notice and opportunity to

comment on this action. It would be

contrary to the public interest to provide

prior notice and opportunity for

comment because providing notice and

comment would prevent the agency

from implementing the necessary action

in a timely manner to protect the

endangered leatherback. Notice and

opportunity to comment on the

leatherback closure procedures was

provided through the rulemaking

establishing the closure procedures (60

FR 25663, May 12, 1995).

Pursuant to 5 U.S.C. 553(d)(3), the AA

finds that there is good cause not to

delay the effective date of this rule for

30 days. It would be contrary to the

public interest to delay this action

because such delay would prevent the

agency from implementing the

necessary action in a timely manner to

protect the endangered leatherback.

Accordingly, the AA is making the rule

effective May 19, 2000 through June 2,

2000. This closure has been announced

on the NOAA weather channel, in

newspapers, and other media. Shrimp

trawlers may also call (727) 570–5312

for updated area closure information. As

prior notice and an opportunity for

public comment are not required to be

provided for this notification by 5

U.S.C. 553, or by any other law, the

analytical requirements of 5 U.S.C. 601

et. seq., are inapplicable.

The AA prepared an Environmental

Assessment (EA) for the final rule

requiring TED use in shrimp trawls and

the regulatory framework for the

Leatherback Conservation Zone (60 FR

47713, September 14, 1995). Copies of

the EA are available (see ADDRESSES).

Dated: May 19, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–13092 Filed 5–19–00; 4:55 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 991108298–0145–02; I.D.

092199C]

RIN 0648–AL88

Fisheries of the Exclusive Economic

Zone Off Alaska; At-Sea Scales;

Community Development Quota

Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

amend portions of the regulations