Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Notices 39899

procedures set forth in 40 CFR part 2.

In addition to one complete version of

the comment that includes any

information claimed as CBI, a copy of

the comment that does not contain the

information claimed as CBI must be

submitted for inclusion in the public

version of the official record.

Information not marked confidential

will be included in the public version

of the official record without prior

notice. If you have any questions about

CBI or the procedures for claiming CBI,

please consult the person listed under

‘‘FOR FURTHER INFORMATION

CONTACT.’’

III. What Action is the Agency Taking?

EPA is making available to the public

the risk assessments that have been

developed as part of EPA’s process for

tolerance reassessment and

reregistration. While there is no formal

public comment period, the Agency will

accept comments on the risk assessment

documents. Comments submitted

within the first 30 days are most likely

to be considered. REDs for pesticides

developed under the interim process

will be made available for public

comment.

EPA and USDA have been using a

pilot public participation process for the

assessment of organophosphate

pesticides since August 1998. In

considering how to accomplish the

movement from the current pilot being

used for the organophosphate pesticides

to the public participation process that

will be used in the future for nonorganophosphates, such as oxamyl,

terrazole, and triallate, EPA and USDA

have adopted an interim public

participation process for the nonorganophosphate pesticides scheduled

for tolerance reassessment and

reregistration in 2000. The interim

public participation process ensures

public access to the Agency’s risk

assessments while also allowing EPA to

meet its reregistration commitments.

The interim public participation process

for the non-organophosphate pesticides

scheduled for tolerance reassessment

and reregistration in 2000 and 2001

takes into account that the risk

assessment development work on these

pesticides is substantially complete. The

interim public participation process

involves: A registrant error correction

period; a period for the Agency to

respond to the registrant’s error

comments; the release of the refined risk

assessments and risk characterizations

to the public via the docket and EPA’s

internet website; a significant effort on

stakeholder consultations, such as

meetings and conference calls; and the

issuance of the risk management

document (i.e., RED) after the

consideration of issues and discussions

with stakeholders. USDA plans to hold

meetings and conference calls with the

public (i.e., interested stakeholders such

as growers, USDA Cooperative

Extension Offices, commodity groups,

and other Federal government agencies)

to discuss any identified risks and

solicit input on risk management

strategies. EPA will participate in

USDA’s meetings and conference calls

with the public. This feedback will be

used to complete the risk management

decisions and the RED. EPA plans to

conduct a close-out conference call with

interested stakeholders to describe the

regulatory decisions presented in the

RED. REDs for pesticides developed

under the interim process will be made

available for public comment.

Included in the public version of the

official record is the Agency’s risk

assessments and related documents for

oxamyl, terrazole, and triallate. As

additional comments, reviews, and risk

assessment modifications become

available, these will also be docketed for

the pesticides listed in this notice.

These risk assessments reflect only the

work and analysis conducted as of the

time they were produced and it is

appropriate that, as new information

becomes available and/or additional

analyses are performed, the conclusions

they contain may change.

List of Subjects

Environmental protection, Chemicals,

Pesticides and pests.

Dated: June 21, 2000.

Lois Rossi,

Director, Special Review and Reregistration

Division, Office of Pesticide Programs.

[FR Doc. 00–16370 Filed 6–27–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6725–9]

State Program Requirements;

Application to Administer the National

Pollutant Discharge Elimination

System (NPDES) Program; Maine

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; extension of public

comment period on Application for

Approval of the Maine Pollutant

Discharge Elimination System.

SUMMARY: The State of Maine has

submitted a request for approval of the

Maine Pollutant Discharge Elimination

System (MEPDES) Program pursuant to

section 402 of the Clean Water Act. If

EPA approves the MEPDES program, the

State will administer this program,

which regulates the discharges of point

sources to navigable waters, subject to

continuing EPA oversight and

enforcement authority, in place of the

National Pollutant Discharge

Elimination System (NPDES) program

now administered by EPA in Maine. On

December 30, 1999 (64 FR 73552) EPA

published a notice requesting comments

on the Maine application by February

29, 2000. Today, EPA is extending the

comment period on the State’s request

until July 28, 2000 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 Indian Tribes in Maine.

EPA will determine whether to approve

or disapprove the State’s application as

to Indian lands and territories and as to

all other areas in the State of Maine after

considering all comments it receives.

DATES: EPA Region I will take written

comments solely on the question of

whether EPA should approve the State’s

application to operate its program in the

lands or territories of the Indian Tribes

in Maine through July 28, 2000 at its

office in Boston, MA. EPA requests that

copies of such written comments also be

provided to the Maine Department of

Environmental Protection (MEDEP).

ADDRESSES: Written comments must be

submitted to: Stephen Silva, USEPA

Maine State Office, 1 Congress Street—

Suite 1100 (CME), Boston, MA 02114–

2023. EPA requests that a copy of each

comment be submitted to: Dennis

Merrill, MEDEP, Statehouse Station #17,

Augusta, ME 04333–0017.

Copies of documents Maine has

submitted in support of its program

approval request may be reviewed

during normal business hours, Monday

through Friday, excluding holidays, at:

EPA Region I, 11th Floor Library, 1

Congress Street—Suite 1100, Boston,

MA 02114–2023, 617–918–1990 or 1–

888–372–5427; and MEDEP, Ray

Building, Hospital Street, Augusta, ME.

FOR FURTHER INFORMATION CONTACT:

Stephen Silva at the address listed

above or by calling (617) 918–1561 or

Dennis Merrill at the address listed

above or by calling (207) 287–7788. The

State’s submissions (which comprise

approximately 128 pages in the

application, 382 pages in the appendix,

and 11 pages in a supplement with an

additional 688 pages of attachments)

may be copied at the MEDEP office in

Augusta, or EPA office in Boston, at a

cost of 15 cents per page. A copy of the

entire initial submission (not including

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