Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Proposed Rules 39335

Dated: June 14, 2000.

Howard L. Hime,

Acting Director of Standards.

[FR Doc. 00–15942 Filed 6–23–00; 8:45 am]

BILLING CODE 4910–15–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 61, and 69

[CC Docket Nos. 96–262 and 97–146; DA

00–1268]

Commission Asks Parties To Update

and Refresh Record on Mandatory

Detariffing of CLEC Interstate Access

Services

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule: comments

requested.

SUMMARY: The Federal Communications

Commission (Commission) sought

comment in two rulemaking dockets,

the Access Charge Reform rulemaking

docket and the Complete Detariffing for

Competitive Access Providers and

Competitive Local Exchange Carriers

(CLEC Detariffing) rulemaking docket,

regarding the regulatory or market-based

approaches that would ensure that

competitive local exchange carrier

(CLEC) rates for interstate access are

reasonable. Among the proposals

discussed in these proceedings, the

Commission invited interested parties to

comment on whether mandatory

detariffing of CLEC interstate access

service rates would provide a marketbased deterrent to excessive terminating

access charges. As indicated in this

Notice, interested parties may file

comments and reply comments to

update and refresh the records of these

proceedings regarding mandatory

detariffing of CLEC interstate access

services.

DATES: Submit comments on or before

July 12, 2000. Submit reply comments

on or before July 24, 2000.

ADDRESSES: Submit electronic

comments and other data to http://

www.fcc.gov/e-file/ecfs.html. See

Supplementary Information for file

formats and other information about

electronic filing. Submit paper copies to

the Commission’s Secretary, Magalie

Roman Salas, Office of the Secretary,

Federal Communications Commission

445—12th Street S.W., TW–A325,

Washington, D.C. 20554. See

Supplementary Information for

information on additional instructions

for filing paper copies.

FOR FURTHER INFORMATION CONTACT: Joi

Roberson Nolen, 202–418–1537.

SUPPLEMENTARY INFORMATION: On April

28, 2000, the court of appeals upheld

the Commission’s 1996 order requiring

detariffing for interstate, domestic,

interexchange services of nondominant

interexchange carriers. See MCI

WorldCom v. FCC, 209 F.3d 760 (D.C.

Cir. 2000); Policy and Rules Concerning

the Interstate, Interexchange

Marketplace, CC Docket No. 96–61,

Second Report and Order, 61 FR 59340

(November 2, 1996) (IXC Detariffing

Order). On May 1, 2000, the court lifted

the stay of the IXC Detariffing Order and

the rules adopted in the order became

effective. See MCI WorldCom v. FCC,

No. 96–1459, slip op. (D.C. Cir., May 1,

2000). In light of the court’s ruling, in

this Notice, we invite parties to update

and refresh the record regarding

mandatory detariffing of CLEC interstate

access services.

Specifically, commenters should

discuss whether and, if so, how

mandatory detariffing: (1) Addresses

any market failure to constrain

terminating access rates; (2) provides a

market-based solution to excessive

terminating charges by encouraging

parties to negotiate terminating access

charges; (3) provides the same benefits

identified in the CLEC Detariffing

rulemaking proceeding for permissive

detariffing; (4) offers additional public

interest benefits beyond permissive

detariffing; (5) precludes the use of the

filed rate doctrine to nullify contractual

arrangements; (6) reduces the

administrative burden on the

Commission of maintaining tariffs; and

(7) reduces the economic burden on the

non-ILECs of filing tariffs.

This matter shall be treated as a

‘‘permit but disclose’’ proceeding in

accordance with the Commission’s ex

parte rules. See 47 CFR 1.1200, 1.1206.

Persons making oral ex parte

presentations are reminded that

memoranda summarizing the

presentations must contain summaries

of the substance of the presentations

and not merely a listing of the subjects

discussed. More than a one or two

sentence description of the views and

arguments presented is generally

required. See 47 CFR 1.1206(b). Other

rules pertaining to oral and written ex

parte presentations in permit-butdisclose proceedings are set forth in

§ 1.1206(b) of the Commission’s rules,

47 CFR 1.1206(b).

Regulatory Flexibility Analysis and

Paperwork Reduction Analysis. The

Notice of Proposed Rulemaking in the

CLEC Detariffing rulemaking docket and

both the Notice of Proposed Rulemaking

and the Further Notice of Proposed

Rulemaking in the Access Charge

Reform rulemaking docket contained

Initial Regulatory Flexibility Analyses

(IRFA) as required by the Regulatory

Flexibility Act (RFA). See 5 U.S.C. 603;

see also 5 U.S.C. 601 et seq., as amended

by the Contract with America

Advancement Act of 1996, Public Law

104–121, 110 Stat. 8747 (1996)(CWAA).

See Access Charge Reform, CC Docket

No. 96–262, Notice of Proposed

Rulemaking, Third Report and Order,

and Notice of Inquiry, 62 FR 4670

(January 31, 1997); Access Charge

Reform, CC Docket No. 96–262, Fifth

Report and Order and Further Notice of

Proposed Rulemaking, 64 FR 51280

(September 22, 1999)); Hyperion

Telecommunications, Inc. and Time

Warner Petitions for Forbearance,

Complete Detariffing for Competitive

Access Providers and Competitive Local

Exchange Carriers, CC Docket No. 97–

146, Memorandum Opinion and Order

and Notice of Proposed Rulemaking, 62

FR 38244, June 19, 1997 (collectively,

NPRMs). In addition, the NPRMs also

invited the general public and the Office

of Management and Budget (OMB) to

comment on the information collections

contained in the NPRMs, as required by

the Paperwork Reduction Act of 1995,

Public Law 104–13. Because this Notice

does not set forth substitute rules for, or

changes to, those contained in the

NPRMs, the initial IRFAs therefore are

not revised nor do we now solicit

additional comments on the information

collections contained in the NPRMs.

Legal Basis. The proposed action is

supported by Sections 4(i), 4(j), 201–

205, 251, 252, 253 and 403.

Filing Comments. Pursuant to

§§ 1.415 and 1.419 of the Commission’s

rules, 47 CFR 1.415, 1.419, interested

parties may file comments on or before

July 12, 2000. Interested parties may file

reply comments on or before July 24,

2000. Comments may be filed using the

Commission’s Electronic Comment

Filing system (ECFS) or by filing paper

copies. See Electronic Filing of

Documents in Rulemaking Proceedings,

64 FR 24121 (May 1, 1998). Comments

filed through ECFS can be sent as an

electronic file via the Internet to http:/

/www.fcc.gov/e-file/ecfs.html.

Commenters must transmit one

electronic copy of the comments to each

docket or rulemaking number

referenced in the caption. In completing

the transmittal screen, commenters

should include their full name, Postal

Service mailing address, and the

applicable docket or rulemaking

number. Parties also may submit an

electronic comment by Internet e-mail.

To get filing instructions for e-mail

39336 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Proposed Rules

comments, commenters should send an

e-mail message to ecfs@fcc.gov and

include ‘‘get form <your e-mail

address>’’ in the body of the message.

A sample form and directions will be

sent in reply. Parties who choose to file

by paper must file an original and four

copies of each filing with the

Commission’s Secretary, Magalie Roman

Salas, Office of the Secretary, Federal

Communications Commission, 445—

12th Street, S.W., TW–A325,

Washington, D.C. 20554. In addition,

one copy of each pleading must be filed

with International Transcription

Services (ITS), the Commission’s

duplicating contractor, at its office at

1231—20th Street, N.W., Washington,

D.C. 20036, and one copy with the

Chief, Competitive Pricing Division,

445—12th Street, S.W., TW—A225,

Washington, D.C. 20554.

List of Subjects

47 CFR Part 1

Administrative practice and

procedure, Communications common

carriers, Telecommunications.

47 CFR Part 61

Access Charges, Communications

common carriers, Telephone.

47 CFR Part 69

Communications common carriers,

Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–16166 Filed 6–23–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 224

[Docket No. 000225052–005201; I.D.

102599C]

RIN 0648–AN29

Regulations Governing the Approach

to Humpback Whales in Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to prohibit

the approach within 200 yards (182.8 m)

of a humpback whale, Megaptera

novaeangliae, in waters within 200

nautical miles (370.4 km) of the coast of

Alaska. Under these regulations, it

would be unlawful for a person subject

to the jurisdiction of the United States

to approach, by any means, within 200

yards (182.8 m) of a humpback whale.

This action is necessary to minimize

disturbance to humpback whales in

waters off Alaska. It is intended to

promote conservation and recovery of

humpback whales.

DATES: Comments must be submitted by

August 10, 2000.

ADDRESSES: Mike Payne, Assistant

Regional Administrator, Protected

Resources Division, NMFS, Alaska

Region, P.O. Box 21668, Juneau, Alaska

99802–1668. Comments also may be

sent via facsimile (fax) to 907/586–7012.

Comments will not be accepted if sent

via email or Internet. Courier or hand

delivery of comments may be made to

NMFS in the Federal Building, Room

461, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, NMFS Alaska Region, 907/586–

7235, or Jeannie Drevenak, Permits

Division, NMFS Office of Protected

Resources, 301/713–2289.

SUPPLEMENTARY INFORMATION:

Species Description

The humpback whale, Megaptera

novaeangliae, is a highly migratory

species that is found in all oceans of the

world. Humpback whales, listed as

endangered under the Endangered

Species Act of 1973, 16 U.S.C. 1531 et

seq. (ESA), are baleen whales belonging

to the family Balaenopteridae.

Humpback whales frequenting the

North Pacific basin spend the winter

months in the warmer tropical waters

off Hawaii, Mexico and southern Japan.

The summer feeding range of these

animals extends along coastal inland

waters of British Columbia, southeast

Alaska, through western Alaska to

Russia, and as far north as the Bering

Sea.

Humpback whales in the North

Pacific have been divided into three

stocks: (1) the California/Oregon/

Washington and Mexico stock; (2) the

Central North Pacific stock; and (3) the

Western North Pacific stock (NMFS

1999; Calambokidis et al. 1997). The

Central and Western North Pacific

stocks feed during summer months in

the waters of coastal Alaska. The Central

North Pacific stock of humpback whales

winters in Hawaiian waters and

migrates to feeding grounds in the

summer months in northern British

Columbia/Southeast Alaska and Prince

William Sound west to Kodiak (NMFS

1998, 1999). The Western North Pacific

stock winters in the waters off Japan and

likely spends summer months feeding

in coastal Alaska waters west of the

Kodiak Archipelago (NMFS 1998).

Prior to commercial whaling the

worldwide population of humpback

whales was thought to have been in

excess of 125,000 animals (NMFS 1991).

Approximately 15,000 animals were

believed to have been present in the

North Pacific prior to 1905. Humpback

whales were heavily hunted until the

International Whaling Commission

banned commercial harvest in 1966

(Rice 1978). As a result of commercial

whaling the North Pacific population

may have been reduced to as low as

1,000 animals (Rice 1978). Recent

population estimates indicate that the

numbers are greater than immediately

post-harvest, but have not yet reached

the level estimated for the time period

prior to intensive whaling. The current

annual abundance estimate for the

North Pacific population is 6,010

animals (Calambokidis, et al 1997). The

abundance of the Central North Pacific

stock is estimated to be 4,005 animals

(Straley 1994, NMFS 1998).

Annual abundance estimates have

also been calculated for feeding

aggregations of the Central North Pacific

stock of humpback whales in specific

locations off Alaska (NMFS 1998). The

estimate for Prince William Sound is

less than 200 animals; for southeast

Alaska, 404 animals; and for the Kodiak

Island region, 651 whales. These

estimates represent minimum estimates

for the three known feeding areas

because the study areas do not include

the entire geographic region. Little is

known regarding humpback whale

abundance between feeding areas, for

example, south of Chatham Strait and

west of Kodiak Island.

An extensive data set exists on the

seasonal movements and distribution of

humpback whales in the North Pacific,

primarily for the Central North Pacific

stock. The Western North Pacific stock

is not as well studied, due primarily to

the remote locations in which these

animals range. Humpback whales

generally spend the period between

early spring to late fall in localized

coastal areas engaged in intensive

feeding activity.

Humpback whales congregate in the

waters of their summer range in distinct

feeding aggregations (Baker et al, 1987,

1990 in Baker, et al, 1992), with the

same whales returning repeatedly to

localized feeding areas. The identified

feeding areas in Alaska for the Central

North Pacific stock are southeast Alaska,

Prince William Sound and Kodiak

Island. Interchange among feeding areas

has been at very low rates, usually

involving just a few individuals