39900 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices

the supplement) may be obtained from

the MEDEP office in Augusta for a $20

fee.

Part of the State’s program submission

and supporting documentation is

available electronically at the following

Internet address: http://

www.state.me.us/dep/blwq/delegation/

delegation.htm

SUPPLEMENTARY INFORMATION:

Tribal Issues On Which EPA Is Taking

Further Comment

In the original notice inviting public

comment on Maine’s program

application, EPA specifically asked for

comment on the State’s assertion that it

has authority under the Maine Indian

Claims Settlement Act, 25 U.S.C. 1721–

1735 (MICSA), to administer its NPDES

program in the lands and territories of

the Maine Indian Tribes, which are the

Houlton Band of Maliseet Indians, the

Aroostook Band of Micmacs, the two

governments of the Passamaquoddy

Tribe, and the Penobscot Nation. In

addition, on October 21, 1999, EPA

formally requested a written legal

opinion from the Department of the

Interior (DOI), Office of the Solicitor on

the extent of the State of Maine’s

jurisdiction over the regulation of water

quality in Indian country in light of the

Maine Indian Claims Settlement Act. On

May 16, 2000, DOI provided EPA with

the Solicitor’s legal opinion (the DOI

opinion). EPA has placed a copy of this

opinion in its rulemaking record and

has made the opinion available to the

public. EPA believes the public should

have an opportunity to comment on the

State of Maine’s application to

administer its MEPDES program in the

lands and territories of the Tribes in

Maine in light of the DOI opinion.

EPA is opening its record solely for

the purposes of taking comment on the

question of whether EPA should

approve the State’s application to

administer its program in the lands or

territories of the Tribes in Maine,

because we believe our record would

benefit from further comment by

interested parties. EPA is not opening

its record for comment on other issues,

which the Agency believes have already

been thoroughly aired.

Jurisdiction in Passamaquoddy and

Penobscot Indian Territory

The DOI opinion concluded that the

regulation of water quality is an

‘‘internal tribal matter’’ under MICSA

over which the State of Maine does not

have jurisdiction in the Passamaquoddy

and Penobscot Indian Territories. As

noted in the DOI opinion, MICSA

incorporates the terms of the Maine

Implementing Act, 30 M.R.S.A. sections

6201–6214 (MIA), when describing the

jurisdictional relationship between the

State and the Passamaquoddy Tribe and

Penobscot Nation. 25 U.S.C. 1725. The

MIA provides that ‘‘Except as otherwise

provided in this Act, all Indians, Indian

nations, and tribes and bands of Indians

in the State and any lands or other

natural resources owned by them, held

in trust for them by the United States or

by any other person or entity shall be

subject to the laws of the State and to

the civil and criminal jurisdiction of the

courts of the State to the same extent as

any other person or lands or other

natural resources therein.’’ 30 MRSA

section 6204. In section 6206, the MIA

specifically provides that with regard

only to the Passamaquoddy Tribe and

the Penobscot Nation that ‘‘internal

tribal matters, including membership in

the respective tribe or nation, the right

to reside within the respective Indian

territories, tribal organization, tribal

government, tribal elections and the use

or disposition of settlement fund

income shall not be subject to regulation

by the State.’’ MICSA and MIA contain

other provisions that provide for the

exercise of tribal authority separate and

distinct from the civil and criminal

jurisdiction of the State. Commenters

may wish to read the DOI opinion,

which explains the basis for its

conclusion.

EPA notes that if it adopts DOI’s

analysis and denies the State

application as to Passamaquoddy and

Penobscot Indian Territory, EPA would

retain the authority to administer the

NPDES program in these Territories. If

EPA were to deny Maine’s application

as to the Indian Territories, the next

question becomes where would the

State’s program apply and where would

EPA retain permitting authority? EPA

recognizes that facilities that need a

discharge permit would need to know

whether to apply or reapply to the State

or EPA for an NPDES permit.

Understanding that jurisdictional

boundaries are primarily an

intergovernmental issue of concern of

the Tribes, the State, and the federal

government, EPA seeks comment on the

geographical extent of Passamaquoddy

and Penobscot Indian Territories.

Other Issues

Regardless of what areas it may

approve the State of Maine to

administer, EPA would retain

significant oversight authority. EPA

would exercise such oversight

responsibilities consistent with the

federal government’s trust responsibility

to federally-recognized Indian Tribes.

To that end, EPA intends to negotiate a

Memorandum of Understanding with

each of the Maine Tribes outlining how

EPA will consult with all of the Tribes

to understand their concerns about

administration of the NPDES program

under the Clean Water Act. EPA has

placed a proposed draft of this

Memorandum in the docket available to

the public and will be consulting with

the Maine Tribes on the terms of the

Memorandum. EPA notes that the draft

Memorandum addresses potential water

quality effects on all of the Tribes in

Maine. This form of the draft is not

intended to suggest that EPA has

prejudged whether EPA will approve

Maine to administer its program in the

Territories of the Passamaquoddy Tribe

and the Penobscot Nation. The

memorandum is drafted broadly to

address all of EPA’s oversight

responsibilities in the State. A Tribe

may have concerns not only about the

State’s administration of the program

within tribal lands, but also about the

effects of state administration of its

program in state waters that are upstream from, or that otherwise affect

water quality in, tribal lands and

territories.

Whatever decision EPA makes the

Agency will have to address practical

implementation issues. EPA seeks

comment on those issues.

Other Federal Statutes

Nothing in this extension of the

public comment period changes any of

the analyses or findings concerning

other federal statutes which EPA made

in its notice of December 30, 1999. See

64 FR 73554–73555.

Authority: This action is prepared under

the authority of section 402 of the Clean

Water Act as amended, 42 U.S.C. 1342.

Dated: June 20, 2000.

Mindy S. Lubber,

Regional Administrator, Region I.

[FR Doc. 00–16365 Filed 6–27–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

[DA 00–1401]

New Filing Window for MDS and ITFS

Applications for Two-Way Operations

AGENCY: Federal Communications

Commission.

ACTION: Notice.

SUMMARY: This document postpones the

July 3 through July 10, 2000 filing

window for MDS and ITFS applications

for two-way operations. The new filing

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39901

window will begin August 14, 2000 and

end August 18, 2000.

DATES: The new window filing

opportunity begins August 14, 2000 and

ends August 18, 2000.

FOR FURTHER INFORMATION CONTACT:

David Roberts, Video Services Division,

Mass Media Bureau at (202) 418–1600.

SUPPLEMENTARY INFORMATION: This is a

summary of a Order released June 23,

2000. It does not include attachments.

The complete text of the Order is

available for public inspection and

copying during normal business hours

in the FCC Reference Center (Room CY–

A257), 445 12th Street, SW,

Washington, DC. It may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc. (ITS, Inc.) 1231 20th

Street, NW, Washington, DC 20035,

(202) 857–3800. It is also available on

the Commission’s web site at http://

www.fcc.gov.

The Mass Media Bureau announces a

postponement of the July 3 through July

10, 2000 filing window for MDS and

ITFS applications for two-way

operations. The new filing window will

begin August 14, 2000 and end August

18, 2000. However, in order to permit

commercial operators to fulfill their

business plans which were created in

reliance upon the timelines set forth in

previous Commission Orders and Public

Notice, the Commission will permit

MDS operators, starting July 3, 2000, to

file applications for two-way authority

for Channels 1, 2 and 2a upstream. Such

commercial applicants should have

consents for downstream transmissions

from all affected parties. In addition, we

will permit ITFS operators the

opportunity to file for developmental

authority to begin two-way service.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–16324 Filed 6–27–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984. Interested parties can review or

obtain copies of agreements at the

Washington, DC offices of the

Commission, 800 North Capitol Street,

N.W., Room 940. Interested parties may

submit comments on an agreement to

the Secretary, Federal Maritime

Commission, Washington, DC 20573,

within 10 days of the date this notice

appears in the Federal Register.

Agreement No.: 011367–018.

Title: Colombia Discussion

Agreement.

Parties:

Frontier Liner services, Inc.

Crowley Liner Services, Inc.

King Ocean Services, S.A. d/b/a King

Ocean de Colombia

Hamburg-Sudamerikanische

Dampfschifffahrtsgesellschaft Eggert &

Amsinck d/b/a Crowley American

Transport

A.P. Moller-Maersk Sealand

Seaboard Marine Ltd.

American President Lines, Ltd.

Synopsis: The proposed amendment

would allow the parties to negotiate and

agree on joint service contracts while

retaining the right to negotiate service

contracts with non-members who

belong to the Colombia Independent

Carrier Agreement. The parties are not

required to agree to or adhere to any

rates, terms or conditions except those

entered into pursuant to such service

contracts.

Agreement No.: 011528–016.

Title: Japan/United States Eastbound

Freight Conference.

Parties:

American President Lines, Ltd.

Hapag-Lloyd Container Line GmbH

Kawasaki Kisen Kaisha, Ltd.

Mitsui O.S.K. Lines, Ltd.

A.P. Moller-Maersk Sealand

Nippon Yusen Kaisha

Orient Overseas Container Line, Inc.

P&O Nedlloyd B.V.

P&O Nedlloyd Limited

Wallenius Wilhelmsen Lines AS

Synopsis: The proposed amendment

would further extend the suspension of

the Agreement for an additional sixmonth period through January 31, 2001.

Dated: June 23, 2000.

By Order of the Federal Maritime

Commission.

Bryant L. VanBrakle,

Secretary.

[FR Doc. 00–16389 Filed 6–27–00; 8:45 am]

BILLING CODE 6730–01–P

FEDERAL MARITIME COMMISSION

Ocean Transportation Intermediary

License; Applicant

Notice is hereby given that the

following applicants have filed with the

Federal Maritime Commission an

application for licenses as Non-Vessel

Operating Common Carrier and Ocean

Freight Forwarder—Ocean

Transportation Intermediary pursuant to

section 19 of the Shipping Act of 1984

as amended (46 U.S.C. app. 1718 and 46

CFR part 515).

Persons knowing of any reason why

the following applicants should not

receive a license are requested to

contact the Office of Transportation

Intermediaries, Federal Maritime

Commission, Washington, D.C. 20573.

Non-Vessel-Operating Common

Carrier Ocean Transportation

Intermediary Applicants:

F.M.I. Cargo Shipping, Inc., 1022 W.

Irving Park Road, Bensenville, IL

60106. Officers: Felix Wong, Secretary

(Qualifying Individual); Wai-Fan

Yeung, President.

DVN Carriers, LP, 6802 Mapleridge

Street, Suite 207, Bellaire, TX 77401.

Officers: C. Rider Griswold, Managing

Partner; Madelaine Griswold, Partner.

Jenkar International Freight Ltd., 150–30

132nd Avenue, Jamaica, NY 11434.

Officers: Donald James Wolfe,

Director (Qualifying Individual).

Ocean Freight Forwarders—Ocean

Transportation Intermediary Applicants:

Farris Customs Brokers, Inc., 13591

McGregor Bl., Suite 20, Fort Myers,

FL 33912. Officers: Donald G. Farris,

Sr., Vice President (Qualifying

Individual); Carolyn D. Wilmot,

President.

Cargomar Overseas, Inc., 1325 N.W. 78

Avenue, Suite 100, Miami, FL 33126.

Officer: Atilio C. Fernandez, President

(Qualifying Individual).

Ohlson International Logistics

Incorporated, 960 Lunt Avenue, Elk

Grove Village, IL 60007. Officers:

Michael J. Ohlson, President

(Qualifying Individual); Joseph

Calabria, Vice President.

Dated: June 23, 2000.

Bryant L. VanBrakle,

Secretary.

[FR Doc. 00–16388 Filed 6–27–00; 8:45 am]

BILLING CODE 6730–01–P

FEDERAL TRADE COMMISSION

Children’s Online Privacy Protection

Safe Harbor Proposed Self-Regulatory

Guidelines; ESRB Privacy Online, a

Division of the Entertainment Software

Rating Board

AGENCY: Federal Trade Commission.

ACTION: Notice of Proposed ‘‘Safe

Harbor’’ Guidelines and Request for

Public Comment.

SUMMARY: The Federal Trade

Commission publishes this notice and

request for public comment concerning

proposed self-regulatory guidelines

submitted by ESRB Privacy Online, a

division of the Entertainment Software

Rating Board (‘‘ESRB’’), under the safe

harbor provision of the Children’s