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

39560 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

Commission amends 47 CFR part 90 as

follows:

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for part 90

continues to read as follows:

Authority: Sections 4(i), 11, 303(g), 303(r),

332(c)(7) of the Commissions Act of 1934, as

amended, 47 U.S.C. 154(i), 161, 303(g),

303(r), 332(c)(7).

2. Section 90.1019 is amended by

revising paragraph (d)(2) to read as

follows:

§ 90.1019 Eligibility for partitioned

licenses.

* * * * *

(d) * * *

(2) Requirements for disaggregation.

Parties seeking authority to disaggregate

spectrum must certify in FCC Form 601

which of the parties will be responsible

for meeting the five-year and ten-year

construction requirements for the

particular market as set forth in

§§ 90.767 or 90.769, as applicable.

Parties may agree to share responsibility

for meeting the construction

requirements. If one party accepts

responsibility for meeting the

construction requirements and later fails

to do so, then its license will cancel

automatically without further

Commission action. If both parties

accept responsibility for meeting the

construction requirements and later fail

to do so, then both their licenses will

cancel automatically without further

Commission action.

[FR Doc. 00–16187 Filed 6–26–00; 8:45 am]

BILLING CODE 6712–01–P

NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION

50 CFR Part 228

[Docket No. 000619186–0186–01;

I.D.051500B]

RIN 0648–AO17

Reinstatement of Procedures for

Hearings Conducted Pursuant to

Section 103(d) of the Marine Mammal

Protection Act

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: This final rule reinstates rules

of practice and procedure for formal

rulemaking hearings conducted under

the Marine Mammal Protection Act

(MMPA). These rules were removed

from the Code of Federal Regulations in

1995 because of non-use. NMFS now

anticipates the need for formal

rulemaking hearings. The intent of this

action is to reinstate the rules of practice

and procedure for formal rulemaking

hearings conducted under the MMPA.

DATES: Effective June 27, 2000.

ADDRESSES: Donna Wieting, Chief,

Marine Mammal Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Caroline Good, (301) 713–2322, x117.

SUPPLEMENTARY INFORMATION:

Background

The MMPA gives the Secretaries of

Commerce and Interior broad authority

to issue and implement regulations

related to the conservation or taking of

marine mammals. In some cases (e.g.,

regulating subsistence harvest by

Alaskan Natives), the MMPA requires a

hearing on the record as provided in

section 103(d) of the MMPA. The

Endangered Species Act (ESA) also

requires a formal rulemaking hearing

before the Secretaries of Commerce or

Interior can limit the subsistence take of

threatened or endangered species of fish

or wildlife by Alaska Natives. These

ESA formal rulemaking provisions

cross-reference section 103(d) of the

MMPA, 16 U.S.C. 1539(e)(4).

Prior to 1995, the rules of practice and

procedure for hearings conducted

pursuant to section 103(d) of the MMPA

were codified at 50 CFR 216.71. In 1995,

NMFS removed these rules as part of an

effort to simplify the Code of Federal

Regulations. Such hearings had not been

convened for more than 15 years, and

NMFS did not anticipate using the rules

in the foreseeable future.

NMFS now anticipates conducting

formal rulemaking to promulgate

regulations governing the subsistence

harvest of certain marine mammals by

Alaska Natives. NMFS is reinstating the

rules of practice and procedure that

were removed in 1995. This final rule

reinstates these rules as they appeared

prior to 1995 with only minor technical

corrections to incorporate current

terminology, such as Assistant

Administrator for Fisheries rather than

Director, NMFS.

Classification

This final rule establishes agency

rules of practice and procedure. Under

section 553(b)(3)(A) of the

Administrative Procedure Act (APA),

prior notice and opportunity for

comment is not required for the

promulgation of agency rules of practice

and procedure. Under section 553(d) of

the APA, only substantive rules require

publication 30 days prior to their

effective date. This final rule is effective

upon publication.

Because prior notice and opportunity

for public comment are not required to

be provided for this final rule by 5

U.S.C. 553 or by any other law, the

analytical requirements of the

Regulatory Flexibility Act do not apply.

This final rule is not subject to review

under Executive Order 12866.

The promulgation of regulations

establishing rules of practice and

procedure in this instance is

categorically excluded by NOAA

Administrative Order 216–6 from the

requirement to prepare an

environmental assessment or an

environmental impact statement under

the National Environmental Policy Act.

This final rule does not contain a

collection-of-information requirement

for purposes of the Paperwork

Reduction Act of 1980.

This final rule does not contain

policies with federalism implications

sufficient to warrant preparation of a

federalism assessment under E.O.

13132.

List of Subjects in 50 CFR Part 228

Administrative practice and

procedure, Endangered and threatened

species, Marine mammals.

Dated: June 21, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For reasons set forth in the preamble,

50 CFR part 228 is added to read as

follows:

PART 228—NOTICE AND HEARING ON

SECTION 103(d) REGULATIONS

Sec.

228.1 Basis and purpose.

228.2 Definitions.

228.3 Scope of regulations.

228.4 Notice of hearing.

228.5 Notification by interested persons.

228.6 Presiding officer.

228.7 Direct testimony submitted as written

documents.

228.8 Mailing address.

228.9 Inspection and copying of

documents.

228.10 Ex parte communications.

228.11 Prehearing conference.

228.12 Final agenda of the hearing.

228.13 Determination to cancel the hearing.

228.14 Rebuttal testimony and new issues

of fact in final agenda.

228.15 Waiver of right to participate.

228.16 Conduct of the hearing.

228.17 Direct testimony.

228.18 Cross-examination.

228.19 Oral and written arguments.