Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41011

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

The Coast Guard analyzed this rule

under E.O. 13132 and has determined

that this rule does not have implications

for federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard analyzed this rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(34)(g), of Commandant Instruction

M16475.lC, this rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.

2. Add temporary § 165.T01–157 to

read as follows:

§ 165.T01–157 Safety Zone: Manchester

Fourth of July Fireworks, Massachusetts

Bay, Massachusetts

(a) Location. The following area is a

safety zone: All waters of Massachusetts

Bay within a four hundred (400) yard

radius of the fireworks barge located at

position 42°34.05′N, 070°45.52′W.

(b) Effective Date. This section is

effective from 8 p.m. until 11 p.m. on

Monday, July 3, 2000.

(c) Regulations.

(1) In accordance with the general

regulations in section 165.23 of this

part, entry into or movement within this

zone is prohibited unless authorized by

the Captain of the Port Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: June 19, 2000.

J.R. Whitehead,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 00–16880 Filed 6–29–00; 1:19 pm]

BILLING CODE 4910–15–P

POSTAL SERVICE

39 CFR Part 775

National Environmental Policy

Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Final rule.

SUMMARY: This rule corrects an oversight

in wording in the Postal Service’s

National Environmental Policy Act

(NEPA) regulations concerning

procedures and categorical exclusions.

EFFECTIVE DATE: This regulation is

effective June 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Susan L. Koetting, Attorney, U.S. Postal

Service, 475 L’Enfant Plaza, SW,

Washington, DC 20260–1135, phone

(202) 268–4818.

SUPPLEMENTARY INFORMATION: On August

27, 1998, the Postal Service published

in the Federal Register, final regulations

on procedures and categorical

exclusions regarding NEPA (63 FR

45719). After the publication of the

regulations, it was discovered that an

error had been made in language in

section 775.9(a)(1). Specifically, it was

not intended that a written

determination not to prepare an

environmental assessment be required

for all actions. When these regulations

were proposed on August 11, 1997 (62

FR 42958), the Postal Service expanded

the list of postal activities that were

subject to NEPA review and also

expanded the list of categorical

exclusions. Previous and current

internal guidance for facilities programs

and projects requires a checklist for all

facility actions, while previous and

current internal guidance for

operational activities only requires a

checklist for certain actions that exceed

certain higher level financial approval

requirements. When these regulations

were finalized, internal facilities policy

was inadvertently carried over to all

activities. This was not intended and is

inconsistent with internal guidance and

the purpose for establishing categorical

exclusions. Postal policy, as discussed

in the August 1997 notice, requires a

checklist to screen for potential

environmental concerns, but it was not

intended to do one for all activities,

even if categorically excluded.

In a further development, it was

recently discovered that a sentence in

the regulations was inadvertently

dropped during the codification

process. In § 775.9(b)(1), the original

second sentence in the 1997 version of

the published regulations in Title 39,

Code of Federal Regulations was

dropped out of the version of the

regulations published in 1999. The old

second sentence was to have become the

third sentence in § 775.9(b)(1).

In light of the foregoing, the Postal

Service adopts the following minor

revisions to its NEPA regulations.

List of Subjects in 39 CFR Part 775

Environmental impact statements.

Accordingly, the Postal Service

amends 39 part 775 as follows:

41012 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

PART 775—NATIONAL

ENVIRONMENTAL POLICY ACT

PROCEDURES

1. The authority citation for 39 CFR

part 775 continues to read as follows:

Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et

seq.; 40 CFR 1500.4.

2. Amend § 775.9 by revising the

introductory text of paragraph (a)(1) and

adding a sentence after the second

sentence in paragraph (b)(1) to read as

follows:

§ 775.9 Environmental evaluation process.

(a) All actions—(1) Assessment of

actions. An environmental checklist

may be used to support a record of

environmental consideration as the

determination that the proposed action

does not require an environmental

assessment. An environmental

assessment must be prepared for each

proposed action except that an

assessment need not be made if a

determination is made that:

* * * * *

(b) Additional requirements for

facility actions. (1) * * * An

environmental assessment report,

however, is not required until the

contending project sites have been

determined. * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–16674 Filed 6–30–00; 8:45 am]

BILLING CODE 7710–12–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA–1412, MM Docket No. 99–291; RM–

9665]

Digital Television Broadcast Service;

Reno, NV

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Sarkes Tarzian, Inc., licensee

of Station KTVN(TV), Reno, Nevada,

substitutes DTV Channel 13 for DTV

Channel 32 at Reno, Nevada. See 64FR

52486, September 29, 1999. DTV

Channel 13 can be allotted to Reno at

coordinates (39–18–45 N. and 119–53–

00 W.) with a power of 12, HAAT of 906

meters and with a DTV service

population of 481 thousand. With this

action, this proceeding is terminated.

DATES: Effective August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–291,

adopted June 26, 2000, and released

June 29, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 12th Street, S.W.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Nevada, is amended by removing DTV

Channel 32 and adding DTV Channel 13

at Reno.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–16777 Filed 6–30–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA–1413, MM Docket No. 99–252; RM–

9648]

Digital Television Broadcast Service;

Las Vegas, NV

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Journal Broadcast

Corporation, licensee of Station KTNV,

Las Vegas, Nevada, substitutes DTV

Channel 12 for DTV Channel 17 at Las

Vegas, Nevada. See 64 FR 38621, July

19, 1999. DTV Channel 12 can be

allotted to Las Vegas at coordinates (35–

56–43 N. and 115–02–32 W) with a

power of 26.4, HAAT of 610 meters and

with a DTV service population of 738

thousand.

With this action, this proceeding is

terminated.

DATES: Effective August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–252,

adopted June 26, 2000, and released

June 29, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Nevada, is amended by removing DTV

Channel 17 and adding DTV Channel 12

at Las Vegas.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–16776 Filed 6–30–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–1261; MM Docket No. 99–287; RM–

9712]

Radio Broadcasting Services; Sulphur

Bluff, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

259A to Sulphur Bluff, Texas, in