38440 Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations

complaint in writing within the time

specified in said notice of complaint.

(2) All subsequent pleadings and

briefs shall be served by the filing party

on all other parties to the proceeding in

accordance with the requirements of

§ 1.47 of this chapter. Proof of such

service shall also be made in accordance

with the requirements of said section.

(G) Answers to complaints and

amended complaints. Any party upon

whom a copy of a complaint or

amended complaint is served under this

subpart shall serve an answer within the

time specified by the Commission in its

notice of complaint. The answer shall

advise the parties and the Commission

fully and completely of the nature of the

defense and shall respond specifically

to all material allegations of the

complaint. In cases involving

allegations of harm, the answer shall

indicate what action has been taken or

is proposed to be taken to stop the

occurrence of such harm. Collateral or

immaterial issues shall be avoided in

answers and every effort should be

made to narrow the issues. Matters

alleged as affirmative defenses shall be

separately stated and numbered. Any

defendant failing to file and serve an

answer within the time and in the

manner prescribed may be deemed in

default.

(H) Replies to answers or amended

answers. Within 10 days after service of

an answer or an amended answer, a

complainant may file and serve a reply

which shall be responsive to matters

contained in such answer or amended

answer and shall not contain new

matter. Failure to reply will not be

deemed an admission of any allegation

contained in such answer or amended

answer.

(I) Defective pleadings. Any pleading

filed in a complaint proceeding that is

not in substantial conformity with the

requirements of the applicable rules in

this subpart may be dismissed.

(7) Treatment of TRS customer

information. Beginning on July 21, 2000,

all future contracts between the TRS

administrator and the TRS vendor shall

provide for the transfer of TRS customer

profile data from the outgoing TRS

vendor to the incoming TRS vendor.

Such data must be disclosed in usable

form at least 60 days prior to the

provider’s last day of service provision.

Such data may not be used for any

purpose other than to connect the TRS

user with the called parties desired by

that TRS user. Such information shall

not be sold, distributed, shared or

revealed in any other way by the relay

center or its employees, unless

compelled to do so by lawful order.

6. Revise § 64.605 to read as follows:

§ 64.605 State certification.

(a) State documentation. Any state,

through its office of the governor or

other delegated executive office

empowered to provide TRS, desiring to

establish a state program under this

section shall submit, not later than

October 1, 1992, documentation to the

Commission addressed to the Federal

Communications Commission, Chief,

Common Carrier Bureau, TRS

Certification Program, Washington, DC

20554, and captioned ‘‘TRS State

Certification Application.’’ All

documentation shall be submitted in

narrative form, shall clearly describe the

state program for implementing

intrastate TRS, and the procedures and

remedies for enforcing any requirements

imposed by the state program. The

Commission shall give public notice of

states filing for certification including

notification in the Federal Register.

(b) Requirements for certification.

After review of state documentation, the

Commission shall certify, by letter, or

order, the state program if the

Commission determines that the state

certification documentation:

(1) Establishes that the state program

meets or exceeds all operational,

technical, and functional minimum

standards contained in § 64.604;

(2) Establishes that the state program

makes available adequate procedures

and remedies for enforcing the

requirements of the state program,

including that it makes available to TRS

users informational materials on state

and Commission complaint procedures

sufficient for users to know the proper

procedures for filing complaints; and

(3) Where a state program exceeds the

mandatory minimum standards

contained in § 64.604, the state

establishes that its program in no way

conflicts with federal law.

(c) Certification period. State

certification shall remain in effect for

five years. One year prior to expiration

of certification, a state may apply for

renewal of its certification by filing

documentation as prescribed by

paragraphs (a) and (b) of this section.

(d) Method of funding. Except as

provided in § 64.604, the Commission

shall not refuse to certify a state

program based solely on the method

such state will implement for funding

intrastate TRS, but funding

mechanisms, if labeled, shall be labeled

in a manner that promote national

understanding of TRS and do not offend

the public.

(e) Suspension or revocation of

certification. The Commission may

suspend or revoke such certification if,

after notice and opportunity for hearing,

the Commission determines that such

certification is no longer warranted. In

a state whose program has been

suspended or revoked, the Commission

shall take such steps as may be

necessary, consistent with this subpart,

to ensure continuity of TRS. The

Commission may, on its own motion,

require a certified state program to

submit documentation demonstrating

ongoing compliance with the

Commission’s minimum standards if,

for example, the Commission receives

evidence that a state program may not

be in compliance with the minimum

standards.

(f) Notification of substantive change.

States must notify the Commission of

substantive changes in their TRS

programs within 60 days of when they

occur, and must certify that the state

TRS program continues to meet federal

minimum standards after implementing

the substantive change.

[FR Doc. 00–15706 Filed 6–20–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[I.D. 052500B]

Atlantic Highly Migratory Species

(HMS) Fisheries; Prohibited Shark

Species; Large Coastal Shark Species;

Commercial Fishery Closure Change

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Implementation of prohibited

species provisions; closure change.

SUMMARY: NMFS implements the 1999

prohibited species provisions and

changes the closure of the large coastal

shark (LCS) commercial fishery in the

Atlantic Ocean, including the Gulf of

Mexico and Caribbean Sea. On June 6,

2000, NMFS announced in the Federal

Register a closure date of August 7,

2000, for LCS. In a court order by Judge

Stephen D. Merryday, the 1999

regulations governing prohibited species

provisions may be implemented and

enforced, pending further review of the

court. Therefore, based on 1997, 1998,

and 1999 catch rates and the

implementation of the prohibited

species provisions, NMFS has

determined that the second semiannual

adjusted quota for LCS will be reached

on or before August 15, 2000.

Federal Register / Vol. 65, No. 120 / Wednesday, June 21, 2000 / Rules and Regulations 38441

DATES: This action is effective July 1,

2000. The closure for the commercial

LCS fishery is changed to August 15,

2000, at 11:30 p.m., local time, and will

be in effect through December 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen or Karyl

Brewster-Geisz, 301–713–2347; fax 301–

713–1917.

SUPPLEMENTARY INFORMATION: The

Atlantic shark fishery is managed under

the Fishery Management Plan for

Atlantic Tunas, Swordfish, and Sharks

(HMS FMP), and its implementing

regulations found at 50 CFR part 635

issued under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.).

On June 30, 1999, NMFS received a

Court Order from Judge Steven D.

Merryday relative to the May 1997

lawsuit challenging commercial harvest

quotas for Atlantic sharks. Specifically,

the order states: ‘‘* * * the Court hereby

preliminarily, and until further order of

the Court, expressly ENJOINS the

defendant and his designees from

enforcing the 1999 regulations, 64 Fed.

Reg. 29090 (May, 28, 1999) with respect

to Atlantic shark commercial catch

quotas and fish-counting methods

(including the counting of dead discards

and state commercial landings after

federal closures) that are different from

the quotas and fish counting methods

prescribed by the 1997 Atlantic shark

regulations, 62 Fed. Reg. 16648 (April 7,

1997).’’ Therefore, effective July 9, 1999

(July 14, 1999, 64 FR 37883), NMFS

reverted the LCS quota to its 1997 level

of 1,285 metric tons dressed weight (all

species of LCS included), with no

minimum size on ridgeback LCS;

reverted the pelagic and small coastal

shark quotas to their 1997 levels; and

applied the 1997 prohibited species list

to commercial fisheries (i.e., did not

apply the 1999 prohibited species list to

commercial fisheries). The limited

access provisions, including trip limits

for directed and incidental shark permit

holders, and all recreational shark

provisions (including the 1999

prohibited species provisions) were

implemented.

On May 19, 2000, the parties filed a

joint motion requesting clarification of

the June 30, 1999, order relative to the

implementation and enforcement of the

prohibited species provisions contained

in the final rule (May 28, 1999, 64 FR

29090) of the HMS FMP.

On June 12, 2000, NMFS received a

Court Order from Judge Steven D.

Merryday relative to the joint motion

stating: ‘‘Upon consideration, the

motion (Doc. 142) is GRANTED.

Pending further review, the defendant

may proceed with implementation and

enforcement of the prohibited species

provisions in 64 Fed. Reg. 29090 (May

28, 1999).’’

Therefore, effective July 1, 2000, the

1999 prohibited species provisions,

including species designations (see

Table 1 of Appendix A to 50 CFR part

635 for a list of prohibited species) and

prohibitions on possession are effective

and will be enforced. Effective July 1,

2000, the following species are

prohibited: white, whale, basking, sand

tiger, bigeye sand tiger, dusky, bignose,

Galapagos, night, Caribbean reef,

narrowtooth, Caribbean sharpnose,

smalltail, Atlantic angel, longfin mako,

bigeye thresher, sevengill, sixgill, bigeye

sixgill.

Pursuant to 50 CFR 635.71(d)(10), it is

prohibited to retain, possess, sell, or

purchase a prohibited shark. All sharks

not retained must be released in a

manner that will ensure maximum

probability of survival, but without

removing the fish from the water.

Due to the implementation of the

1999 prohibited species provisions and,

based on catch rate data from the second

semiannual fishing seasons from 1997,

1998, and 1999 for LCS species, NMFS

has determined that the available LCS

quota of 542.5 mt dw will be attained

within 46 days. Accordingly, the second

semiannual season for LCS in or from

the Western North Atlantic Ocean,

including the Gulf of Mexico and

Caribbean Sea, will close on August 15,

2000, at 11:30 p.m. local time. This

closure date is 8 days later than the

previously announced closure date of

August 7, 2000 (June 6, 2000, 65 FR

35855). NMFS estimates that the

available LCS quota will not be

harvested as quickly when the

prohibited species provisions are

implemented because the available

quota is unchanged but fewer species

can be harvested against that quota.

During a closure, retention of, fishing

for, possessing or selling LCS are

prohibited for persons fishing aboard

vessels issued a directed or incidental

limited access permit under 50 CFR

635.4. After 11:30 p.m. local time

August 15, 2000, the sale, purchase,

trade, or barter of carcasses and/or fins

of LCS harvested by a person aboard a

vessel that has been issued a permit

under 50 CFR 635.4 are prohibited,

except for those that were harvested,

offloaded, and sold, traded, or bartered

prior to the closure and were held in

storage by a dealer or processor.

Commercial fishing for pelagic and

small coastal sharks may continue until

further notice. When quotas are

projected to be reached, NMFS will file

notification of closure at the Office of

the Federal Register. Those vessels that

have not been issued a limited access

permit under 50 CFR 635.4 may not sell

sharks and are subject to the

recreational retention limits and size

limits specified at 50 CFR 635.20(d) and

635.22(c). The recreational fishery is not

affected by this action.

Classification

This action is taken under 50 CFR

part 635 and is exempt from review

under Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 15, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–15663 Filed 6–20–00; 8:45 am]

BILLING CODE 3510–22–F