39556 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

program, will not result in

environmental justice related issues.

F. Executive Order 13045

Pursuant to Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), if

an action is economically significant

under Executive Order 12866, the

Agency must, to the extent permitted by

law and consistent with the Agency’s

mission, identify and assess the

environmental health risks and safety

risks that may disproportionately affect

children. Since this action is not

economically significant under

Executive Order 12866, this action is

not subject to Executive Order 13045.

G. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless doing so would be

inconsistent with applicable law or

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

and sampling procedures) 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 action does not involve technical

standards, nor did EPA consider the use

of any voluntary consensus standards.

In general, EPCRA does not prescribe

technical standards to be used for

threshold determinations or completion

of EPCRA section 313 reports. EPCRA

section 313(g)(2) states that ‘‘In order to

provide the information required under

this section, the owner or operator of a

facility may use readily available data

(including monitoring data) collected

pursuant to other provisions of law, or,

where such data are not readily

available, reasonable estimates of the

amounts involved. Nothing in this

section requires the monitoring or

measurement of the quantities,

concentration, or frequency of any toxic

chemical released into the environment

beyond that monitoring and

measurement required under other

provisions of law or regulation.’’

IX. Submission to Congress and the

Comptroller General

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 rule report, which includes a

copy of the rule, to each House of the

Congress and the Comptroller General 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. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, Toxic

chemicals.

Dated: June 15, 2000.

Margaret N. Schneider,

Principal Deputy Assistant Administrator,

Office of Environmental Information.

Therefore, 40 CFR part 372 is

amended as follows:

PART 372—[AMENDED]

1. The authority citation for part 372

continues to read as follows:

Authority: 42 U.S.C. 11013 and 11028.

§ 372.65 [Amended]

2. Sections 372.65(a) and (b) are

amended by removing the entry for

phosphoric acid under paragraph (a)

and the entire CAS number entry for

7664–38–2 under paragraph (b).

[FR Doc. 00–16182 Filed 6–26–00; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 310

[Docket No. MARAD–2000–7147]

RIN 2133–AB41

Appeal Procedures for Determinations

Concerning Compliance With Service

Obligations, Deferments, and Waivers

AGENCY: Maritime Administration,

Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD) is publishing this final rule

regarding revisions to the procedures for

reviewing: determinations that a student

or graduate of the U.S. Merchant Marine

Academy (USMMA) or a State maritime

academy that receives student incentive

payments has breached the service

obligation; denials of requests for

deferment of the service obligation; and

denials of requests for waivers of the

service obligation contract. The

previous regulations called for review

by a panel composed of a representative

of MARAD and representatives from the

Department of the Navy, the National

Oceanic and Atmospheric

Administration (NOAA), and the United

States Coast Guard. These revisions

provide for an appeal to the Maritime

Administrator, the head of the agency,

rather than review by the panel. The

intended effect of this regulation is to

streamline the process of reaching a

final agency decision and allow for

timely action on requests for review.

DATES: The effective date of this final

rule is July 27, 2000.

FOR FURTHER INFORMATION CONTACT: Jay

Gordon of the Office of Chief Counsel at

(202) 366–5191. You may send mail to

Jay Gordon, Maritime Administration,

Office of Chief Counsel, Room 7228,

MAR–226, 400 7th St., SW.,

Washington, DC, 20590–0001, or you

may send e-mail to

jay.gordon@marad.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

Since 1980, each individual U.S.

citizen who enters the USMMA and

each student at a State maritime

academy who receives Federal student

incentive payments is required pursuant

to statute (46 U.S.C. app. 1295b(e) and

1295c(g)) to sign an agreement

committing: (A) To complete the course

of instruction at the relevant academy,

unless the individual is separated by

such institution; (B) to fulfill the

requirements for a license as an officer

in the merchant marine of the United

States on or before the date of

graduation from the USMMA or, if a

student incentive payment recipient, to

take the examination for a license as an

officer in the merchant marine of the

United States on or before the date of

graduation and to fulfill the

requirements for such a license not later

than 3 months after the date of

graduation from a State maritime

academy; (C) to maintain a license as an

officer in the merchant marine of the

United States for at least 6 years

following the date of graduation from

the relevant academy; (D) to apply for

an appointment as, to accept if tendered

an appointment as, and to serve as a

commissioned officer in the United

States Naval Reserve (including the

Merchant Marine Reserve, United States

Naval Reserve), the United States Coast

Guard Reserve, or any other Reserve

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39557

unit of an armed force of the United

States, for at least 6 years following the

date of graduation from the relevant

academy; (E) to serve the foreign and

domestic commerce and the national

defense of the United States for at least

5 years following the date of graduation

from the USMMA or for at least 3 years

following the date of graduation from a

State maritime academy; and (F) to

report to the Maritime Administrator on

the compliance by the individual. If the

official designated by the Maritime

Administrator determines that the

individual has breached the service

obligation contract, denies a request for

a deferment of the service obligation, or

denies a request for a waiver of the

service obligation contract, the

individual may seek review of that

determination(s).

Previously, review of said

determination(s) was to be made by a

panel composed of a representative of

MARAD and representatives from the

Department of the Navy, the National

Oceanic and Atmospheric

Administration, and the United States

Coast Guard. There was no standing

panel and, when requested in writing by

the individual, the panel was to be

convened on an ad hoc basis. These

revisions would remove the panel as the

reviewing authority and provide for

direct appeal to the Maritime

Administrator, the head of MARAD.

These revisions are designed to

streamline the process of reaching a

final agency decision and allow for

timely review of the decisions of the

designated official. It also recognizes

that the fundamental concerns involved

in breach determinations and waiver

and deferment decisions are central to

the statutory purposes of the authority

and responsibility of MARAD to operate

the USMMA and administer the

program for incentive payments to

students at State maritime academies.

These programmatic concerns do not

necessarily involve areas of concern to

organizations, such as NOAA and the

United States Coast Guard, currently

designated to sit on the panel.

Notice of Proposed Rulemaking

(NPRM)

We published an NPRM on April 10,

2000 (65 FR 18957) providing the public

with notice and an opportunity to

comment on the proposed changes to

the review and appeals process. We

received no comments and are

promulgating these final rules as

proposed.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule has been reviewed

under Executive Order 12866, and it has

been determined that this is not a

significant regulatory action. This final

rule is not likely to result in an annual

effect on the economy of $100 million

or more.

This final rule is also not significant

under the Regulatory Policies and

Procedures of the Department of

Transportation (44 FR 11034; February

26, 1979). The costs and benefits

associated with this rulemaking are

considered to be so minimal that no

further analysis is necessary. Because

the economic impact, if any, should be

minimal, further regulatory evaluation

is not necessary. These amendments are

intended only to simplify and clarify the

procedural requirements for appeals of

determinations concerning breaches of

service obligations, deferments, and

waivers.

Federalism

We analyzed this final rule in

accordance with the principles and

criteria contained in E.O. 13132

(‘‘Federalism’’) and have determined

that it does not have sufficient

federalism implications to warrant the

preparation of a federalism summary

impact statement. These regulations

have no substantial effects on the States,

or on the current Federal-State

relationship, or on the current

distribution of power and

responsibilities among the various local

officials. Therefore, consultation with

State and local officials was not

necessary.

Executive Order 13084

The Maritime Administration does

not believe that this final rule will

significantly or uniquely affect the

communities of Indian tribal

governments when analyzed under the

principles and criteria contained in

Executive Order 13084 (‘‘Consultation

and Coordination with Indian Tribal

Governments’’). Therefore, the funding

and consultation requirements of this

Executive Order would not apply. No

comments were received from affected

persons, including Indian tribal

governments, as to its potential impact.

Regulatory Flexibility Act

The Maritime Administration certifies

that this final rule will not have a

significant economic impact on a

substantial number of small entities.

This final rule only sets forth new

procedural rules for students and

graduates of the USMMA or State

maritime academies to appeal

determinations regarding breaches of

service obligations, deferments, and

waivers.

Environmental Impact Statement

We have analyzed this final rule for

purposes of compliance with the

National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) and have

concluded that under the categorical

exclusions provision in section 4.05 of

Maritime Administrative Order

(‘‘MAO’’) 600–1, ‘‘Procedures for

Considering Environmental Impacts,’’

50 FR 11606 (March 22, 1985), the

preparation of an Environmental

Assessment, and an Environmental

Impact Statement, or a Finding of No

Significant Impact for this final rule is

not required. This final rule involves

administrative and procedural

regulations that have no environmental

impact.

Unfunded Mandates Reform Act of 1995

This final rule does not impose an

unfunded mandate under the Unfunded

Mandates Reform Act of 1995. It does

not result in costs of $100 million or

more, in the aggregate, to any of the

following: State, local, or Native

American tribal governments, or the

private sector. This final rule is the least

burdensome alternative that achieves

the objective of the rule.

Paperwork Reduction Act

This final rule contains information

collection requirements covered by

OMB approval number 2133–0150,

under 5 CFR part 1320, pursuant to the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Regulation Identifier Number (RIN)

The Department of Transportation

assigns a regulation identifier number

(RIN) to each regulatory action listed in

the Unified Agenda of Federal

Regulations. The Regulatory Information

Service Center publishes the Unified

Agenda in April and October of each

year. The RIN number is contained in

the heading of this document to crossreference this action with the Unified

Agenda.

List of Subjects in 46 CFR Part 310

Grant programs—education,

Reporting and recordkeeping

requirements, Schools, Seamen.

Accordingly, MARAD hereby amends

46 CFR part 310 as follows:

39558 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

PART 310—MERCHANT MARINE

TRAINING

1. The authority citation for part 310

continues to read as follows:

Authority: 46 App. U.S.C. 1295; 49 CFR

1.66.

2. Section 310.7 is amended by

revising paragraph (b)(10) heading,

paragraph (b)(10)(ii), paragraph

(b)(10)(iii) and adding a new paragraph

(b)(10)(iv) to read as follows:

§ 310.7 Federal student subsistence

allowances and student incentive

payments.

* * * * *

(b) * * *

(10) Determination of compliance

with service obligation contract;

deferment; waiver; and appeal

procedures.

* * * * *

(ii)(A) If a student or graduate

disagrees with the decision of the

designated official, the student or

graduate may appeal that decision to the

Maritime Administrator. The appeal

must set forth all the legal and factual

grounds on which the student or

graduate bases the appeal. Any grounds

not set forth in the appeal are waived.

(B) Appeals must be filed with the

Maritime Administrator within 30

calendar days of the date of receipt by

such student or graduate of the written

decision of the designated official.

Appeals must be filed at the Office of

the Secretary, Maritime Administration,

Room 7210, 400 7th St., SW.,

Washington, DC 20590. Each decision

will include a notice of appeal rights.

(C) A decision is deemed to be

received by a student or graduate five

(5) working days after the date it is

mailed by first class mail, postage

prepaid, to the address for such student

or graduate listed with the Office of

Maritime Labor, Training, and Safety. It

is the responsibility of such student or

graduate to ensure that their current

mailing address is on file with the

Office of Maritime Labor, Training, and

Safety, Room 7302, 400 7th St., SW.,

Washington, DC 20590.

(D) If the appeal is sent by

conventional mail (through the United

States Postal Service), the date of filing

is determined by the postmark date. If

no legible postmark date appears on the

mailing, the appeal is deemed to be filed

five (5) working days before the date of

its receipt in the Office of the Secretary.

If delivered by other than the United

States Postal Service, an appeal is filed

with the Maritime Administrator on the

date it is physically delivered to the

Office of the Secretary at the address

referenced in paragraph (b)(10)(ii)(B) of

this section. The date of filing by

commercial delivery (not United States

Postal Service) is the date it is received

at the address for the Office of the

Secretary set forth in paragraph

(b)(10)(ii)(B) of this section. Appeals

may not be submitted by facsimile or by

electronic mail. Requests for extension

of the time to file an appeal may be

submitted by facsimile or electronic

mail to the Office of the Secretary.

Requests for extension of time do not

stop or toll the running of the time for

filing an appeal. Appeals may only be

filed after the deadline if the Maritime

Administrator or his designee, in their

sole discretion, grants an extension.

(E) In computing the number of days,

the first day counted is the day after the

event from which the time period begins

to run. If the date that ordinarily would

be the last day for filing falls on a

Saturday, Sunday, or Federal holiday,

the filing period will include the first

workday after that date.

Example to paragraph (b)(10)(ii)(E): If a

graduate receives a decision on July 1, the 30-

day period for filing an appeal starts to run

on July 2. The appeal would ordinarily be

timely only if postmarked on or physically

delivered by July 31. If July 31 is a Saturday,

however, the last day for obtaining a

postmark by mailing or physical delivery

would be Monday, August 2.

(iii) The Maritime Administrator will

issue a written decision for each timely

appeal. This decision constitutes final

agency action.

(iv) If a student or graduate fails to

appeal within the time set forth in

paragraph (b)(10)(ii) of this section, the

decision of the designated official will

be final and constitute final agency

action.

3. Section 310.58 is amended by

revising paragraph (h) heading,

paragraphs (h)(2), (h)(3), and (h)(4) to

read as follows:

§ 310.58 Service obligation for students

enrolled after April 1, 1982.

* * * * *

(h) Determination of compliance with

service obligation contract; deferment;

waiver; and appeal procedures.

* * * * *

(2)(i) If a student or graduate disagrees

with the decision of the designated

official, the student or graduate may

appeal that decision to the Maritime

Administrator. The appeal will set forth

all the legal and factual grounds on

which the student or graduate bases the

appeal. Any grounds not set forth in the

appeal are waived.

(ii) Appeals must be filed with the

Maritime Administrator within 30

calendar days of the date of receipt by

such student or graduate of the written

decision of the designated official.

Appeals must be filed at the Office of

the Secretary, Maritime Administration,

Room 7210, 400 7th St. SW.,

Washington, DC 20590. Each decision

will include a notice of appeal rights.

(iii) A decision is deemed to be

received by a student or graduate five

(5) working days after the date it is

mailed by first class mail, postage

prepaid, to the address for such student

or graduate listed with the Office of

Maritime Labor, Training, and Safety. It

is the responsibility of such student or

graduate to ensure that their current

mailing address is on file with the

Office of Maritime Labor, Training, and

Safety, Room 7302, 400 7th St., SW.,

Washington, DC 20590.

(iv) If the appeal is sent by

conventional mail (through the United

States Postal Service), the date of filing

is determined by the postmark date. If

no legible postmark date appears on the

mailing, the appeal is deemed to be filed

five (5) working days before the date of

its receipt in the Office of the Secretary.

If delivered by other than the United

States Postal Service, an appeal is filed

with the Maritime Administrator on the

date it is physically delivered to the

Office of the Secretary at the address

referenced in paragraph (h)(2)(ii) of this

section. The date of filing by

commercial delivery (not United States

Postal Service) is the date it is received

at the address for the Office of the

Secretary set forth in paragraph (h)(2)(ii)

of this section. Appeals may not be

submitted by facsimile or by electronic

mail. Requests for extension of the time

to file an appeal may be submitted by

facsimile or electronic mail to the Office

of the Secretary. Requests for extension

of time do not stop or toll the running

of the time for filing an appeal. Appeals

may only be filed after the deadline if

the Maritime Administrator or his

designee, in their sole discretion, grants

an extension.

(v) In computing the number of days,

the first day counted is the day after the

event from which the time period begins

to run. If the date that ordinarily would

be the last day for filing falls on a

Saturday, Sunday, or Federal holiday,

the filing period will include the first

workday after that date.

Example to paragraph (b)(10)(v): If a

graduate receives a decision on July 1, the 30-

day period for filing an appeal starts to run

on July 2. The appeal would ordinarily be

timely only if postmarked on or physically

delivered by July 31. If July 31 is a Saturday,

however, the last day for obtaining a

postmark by mailing or physical delivery

would be Monday, August 2.

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39559

1The Regulatory Flexibility Act of 1980, see 5

U.S.C. 601 et seq., has been amended by the

Contract With America Advancement Act of 1996,

Public Law 104–121, 110 Stat. 847 (1996)

(CWAAA). Title II of the CWAAA is the Small

Business Regulatory Enforcement Fairness Act of

1996 (SBREFA).

2 5 U.S.C. 605(b).

(3) The Maritime Administrator will

issue a written decision for each timely

appeal. This decision constitutes final

agency action.

(4) If a student or graduate fails to

appeal within the time set forth in

paragraph (h)(2) of this section, the

decision of the designated official will

be final and constitute final agency

action.

Dated: June 19, 2000.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 00–15852 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[PR Docket No. 89–552 and GN Docket No.

93–252; FCC 00–187]

Use of the 220–222 MHz Band by the

Private Land Mobile Radio Service

Regarding Geographic Partitioning and

Spectrum Disaggregation

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document disposes of

two Petitions for Reconsideration of the

Fifth Report and Order in this docket, in

which the Commission adopted

geographic partitioning and spectrum

disaggregation rules for the 220–222

MHz service. This document dismisses

as moot Rand McNally & Company’s

(RMC’s) Petition for Reconsideration to

remove the references to Major Trading

Areas (MTAs) and Basic Trading Areas

(BTAs) in the 220 MHz partitioning

rules. This document also grants in part

Intek’s Petition for Reconsideration by

clarifying that the options afforded to

220 MHz service licensees for satisfying

the Commission’s construction

requirements in cases of partitioning

and disaggregation, and the

consequences of not satisfying such

requirements, exactly mirror the options

and consequences for partitioning and

disaggregation imposed on broadband

personal communications service (PCS)

licensees. In all other respects, Intek’s

Petition for Reconsideration is denied.

Finally, this document amends the

construction requirements of the

Commission’s rules for licensing and

use of frequencies in the 220–222 MHz

band to restore language that was

inadvertently deleted in an earlier order

specifying the consequences of failure to

construct by parties to a disaggregation

agreement. The Commission’s goals in

taking these actions are to promote more

efficient use of the spectrum, increase

opportunities for a variety of entities to

participate in the provision of 220 MHz

service, and expedite delivery of 220

MHz service to unserved areas.

DATES: Effective August 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Steinberg, Wireless

Telecommunications Bureau at (202)

418–0896.

SUPPLEMENTARY INFORMATION: This

document addresses implementing

Congress’ goal of giving small

businesses, as well as other entities,

who lack the financial resources for

participation in auctions, the

opportunity to participate in the

provision of spectrum-based services.

Also, this document is consistent with

the Communications Act’s mandate to

identify and eliminate market entry

barriers for entrepreneurs and small

businesses in the provisions and

ownership of telecommunications

services. This document also clarifies

aspects of the construction requirements

for 220 MHz licensees as set out in the

Commission’s rules, as well as, disposes

of two Petitions for Reconsideration of

the Fifth Report and Order, 63 FR 49291

(September 15, 1998).

2. This Memorandum Opinion and

Order was released on May 30, 2000,

and is available for inspection and

copying during normal business hours

in the FCC Reference Center, 445

Twelfth Street, SW., Washington, DC.

The complete text may be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036 / (202) 857–

3800. This Memorandum Opinion and

Order is also available via the Internet

at http://www.fcc.gov/Bureaus/Wireless/

Orders/2000/.

Supplemental Final Regulatory

Flexibility Certification

3. The Regulatory Flexibility Act of

1980, as amended,1 requires that a final

regulatory flexibility analysis be

prepared for notice-and-comment

rulemaking proceedings, unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.2

We certify that the rule change adopted

in this Memorandum Opinion and

Order will not have a significant

economic impact on a substantial

number of small entities because it does

not effect any substantive policy change,

but only restores language that was

previously inadvertently deleted from

the Commission’s rules.

A. Report to Congress

4. The Commission will send a copy

of this Memorandum Opinion and

Order, including a copy of the

Supplemental Final Regulatory

Flexibility Certification, in a report to

Congress pursuant to SBREFA, see 5

U.S.C. 801(a)(1)(A). In addition, the

Memorandum Opinion and Order and

this certification will be sent to the

Chief Counsel for Advocacy of the Small

Business Administration, and will be

published in the Federal Register. See

5 U.S.C. 605(b).

B. Ordering Clauses

5. Pursuant to section 4(i) of the

Communications Act, 47 U.S.C. 154(i),

and section 1.108 of the Commission’s

rules, the Memorandum Opinion and

Order in this proceeding released on

March 29, 2000, FCC 00–102, IS

VACATED.

6. Pursuant to sections 4(i), 303(g),

303(r), 332(a)(2), and 405 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 303(g),

303(r), 332(a)(2), and 405, the Petition

for Reconsideration filed by Rand

McNally & Company on October 13,

1998, is dismissed, and the Petition for

Reconsideration filed on October 15,

1998, by Intek Global Corporation IS

GRANTED to the extent stated herein

and otherwise denied.

7. The rule adopted shall become

effective August 28, 2000. This action is

taken pursuant to sections 4(i) and

303(r) of the Communications Act of

1934, as amended, 47 U.S.C. 154(i) and

303(r).

8. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this Memorandum Opinion and Order,

including the Supplemental Final

Regulatory Flexibility Certification, to

the Chief Counsel for Advocacy of the

Small Business Administration.

List of Subjects in 47 CFR Part 90

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

For the reasons discussed in the

preamble, the Federal Communications