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.

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39561

228.20 Recommended decision,

certification of the transcript and

submission of comments on the

recommended decision.

228.21 Assistant Administrator’s decision.

Authority: 16 U.S.C. 1361 et seq.

§ 228.1 Basis and purpose.

(a) Sections 101(a)(2), 101(a)(3)(A),

and 101(b) of the Marine Mammal

Protection Act of 1972 (16 U.S.C.

1371(a)(2), 1371(a)(3)(A), and 1371(b))

and these regulations authorize the

Assistant Administrator of the National

Marine Fisheries Service, to:

(1) Impose regulations governing the

taking of marine mammals incidental to

commercial fishing operations;

(2) Waive the moratorium and to

adopt regulations with respect to the

taking and importing of animals from

each species of marine mammals under

the Assistant Administrator’s

jurisdiction;

(3) Prescribe regulations governing the

taking of depleted marine mammals by

any Indian, Aleut or Eskimo,

respectively. In prescribing regulations

to carry out the provisions of said

sections, the Act refers the Assistant

Administrator to section 103 (16 U.S.C.

1373). In accordance with section

103(d), regulations must be made on the

record after opportunity for an agency

hearing on such regulations and, in the

case of a waiver, on the determination

by the Assistant Administrator to waive

the moratorium pursuant to section

101(a)(3)(A) of the Act (16 U.S.C.

1371(a)(3)(A)).

(b) The purpose of this part is to

establish rules of practice and procedure

for all hearings conducted pursuant to

section 103(d) of the Act.

§ 228.2 Definitions.

(a) Party means, for the purposes of

this subpart:

(1) The Assistant Administrator or the

Assistant Administrator’s

representative;

(2) A person who has notified the

Assistant Administrator by specified

dates of his or her intent to participate

in the hearing pursuant to §§ 228.5 and

228.14(b).

(b) Witness means, for the purpose of

this part, any person who submits

written direct testimony on the

proposed regulations. A person may be

both a party and a witness.

§ 228.3 Scope of regulations.

The procedural regulations in this

part govern the practice and procedure

in hearings held under section 103(d) of

the Act. These hearings will be

governed by the provisions of 5 U.S.C.

556 and section 557 of the

Administrative Procedure Act. The

regulations shall be construed to secure

the just, speedy and inexpensive

determination of all issues raised with

respect to any waiver or regulation

proposed pursuant to section 103(d) of

the Act with full protection for the

rights of all persons affected thereby.

§ 228.4 Notice of hearing.

(a) A notice of hearing on any

proposed regulations shall be published

in the Federal Register, together with

the Assistant Administrator’s proposed

determination to waive the moratorium

pursuant to section 101(a)(3)(A) of the

Act (16 U.S.C. 1371(a)(3)(A)), where

applicable.

(b) The notice shall state:

(1) The nature of the hearing;

(2) The place and date of the hearing.

The date shall not be less than 60 days

after publication of notice of the

hearing;

(3) The legal authority under which

the hearing is to be held;

(4) The proposed regulations and

waiver, where applicable, and a

summary of the statements required by

section 103(d) of the Act (16 U.S.C.

1373(d));

(5) Issues of fact which may be

involved in the hearing;

(6) If a draft Environmental Impact

Statement is required, the date of

publication of the draft and the place(s)

where the draft and comments thereon

may be viewed and copied;

(7) Any written advice received from

the Marine Mammal Commission;

(8) The place(s) where records and

submitted direct testimony will be kept

for public inspection;

(9) The final date for filing with the

Assistant Administrator a notice of

intent to participate in the hearing

pursuant to § 228.5;

(10) The final date for submission of

direct testimony on the proposed

regulations and waiver, if applicable,

and the number of copies required;

(11) The docket number assigned to

the case which shall be used in all

subsequent proceedings; and

(12) The place and date of the prehearing conference.

§ 228.5 Notification by interested persons.

Any person desiring to participate as

a party shall notify the Assistant

Administrator, by certified mail, on or

before the date specified in the notice.

§ 228.6 Presiding officer.

(a) Upon publication of the notice of

hearing pursuant to § 228.4, the

Assistant Administrator shall appoint a

presiding officer pursuant to 5 U.S.C.

3105. No individual who has any

conflict of interest, financial or

otherwise, shall serve as presiding

officer in such proceeding.

(b) The presiding officer, in any

proceeding under this subpart, shall

have power to:

(1) Change the time and place of the

hearing and adjourn the hearing;

(2) Evaluate direct testimony

submitted pursuant to these regulations,

make a preliminary determination of the

issues, conduct a prehearing conference

to determine the issues for the hearing

agenda, and cause to be published in the

Federal Register a final hearing agenda;

(3) Rule upon motions, requests and

admissibility of direct testimony;

(4) Administer oaths and affirmations,

question witnesses and direct witnesses

to testify;

(5) Modify or waive any rule (after

notice) when determining that no party

will be prejudiced;

(6) Receive written comments and

hear oral arguments;

(7) Render a recommended decision;

and

(8) Do all acts and take all measures,

including regulation of media coverage,

for the maintenance of order at and the

efficient conduct of the proceeding.

(c) In case of the absence of the

original presiding officer or the original

presiding officer’s inability to act, the

powers and duties to be performed by

the original presiding officer under this

subpart in connection with a proceeding

may, without abatement of the

proceeding, be assigned to any other

presiding officer unless otherwise

ordered by the Assistant Administrator.

(d) The presiding officer may upon

the presiding officer’s own motion

withdraw as presiding officer in a

proceeding if the presiding officer

deems himself or herself to be

disqualified.

(e) A presiding officer may be

requested to withdraw at any time prior

to the recommended decision. Upon the

filing by an interested person in good

faith of a timely and sufficient affidavit

alleging the presiding officer’s personal

bias, malice, conflict of interest or other

basis which might result in prejudice to

a party, the hearing shall recess. The

Assistant Administrator shall

immediately determine the matter as a

part of the record and decision in the

proceeding, after making such

investigation or holding such hearings,

or both, as the Assistant Administrator

may deem appropriate in the

circumstances.

§ 228.7 Direct testimony submitted as

written documents.

(a) Unless otherwise specified, all

direct testimony, including

39562 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

accompanying exhibits, must be

submitted to the presiding officer in

writing no later than the dates specified

in the notice of the hearing (§ 228.4), the

final hearing agenda (§ 228.12), or

within 15 days after the conclusion of

the prehearing conference (§ 228.14) as

the case may be. All direct testimony

shall be in affidavit form and exhibits

constituting part of such testimony,

referred to in the affidavit and made a

part thereof, must be attached to the

affidavit. Direct testimony submitted

with exhibits must state the issue to

which the exhibit relates; if no such

statement is made, the presiding officer

shall determine the relevance of the

exhibit to the issues published in the

Federal Register.

(b) The direct testimony submitted

shall contain:

(1) A concise statement of the witness’

interest in the proceeding and his

position regarding the issues presented.

If the direct testimony is presented by

a witness who is not a party, the witness

shall state the witness’ relationship to

the party; and

(2) Facts that are relevant and

material.

(c) The direct testimony may propose

issues of fact not defined in the notice

of the hearing and the reason(s) why

such issues should be considered at the

hearing.

(d) Ten copies of all direct testimony

must be submitted unless the notice of

the hearing specifies otherwise.

(e) Upon receipt, direct testimony

shall be assigned a number and stamped

with that number and the docket

number.

(f) Contemporaneous with the

publication of the notice of hearing, the

Assistant Administrator’s direct

testimony in support of the proposed

regulations and waiver, where

applicable, shall be available for public

inspection as specified in the notice of

hearing. The Assistant Administrator

may submit additional direct testimony

during the time periods allowed for

submission of such testimony by

witnesses.

§ 228.8 Mailing address.

Unless otherwise specified in the

notice of hearing, all direct testimony

shall be addressed to the Presiding

Officer, c/o Assistant Administrator,

National Marine Fisheries Service, 1315

East-West Highway, Silver Spring, MD

20910. All affidavits and exhibits shall

be clearly marked with the docket

number of the proceedings.

§ 228.9 Inspection and copying of

documents.

Any document in a file pertaining to

any hearing authorized by this subpart

or any document forming part of the

record of such a hearing may be

inspected and/or copied in the Office of

the Assistant Administrator, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910–unless the file is in the care and

custody of the presiding officer, in

which case the presiding officer shall

notify the parties as to where and when

the record may be inspected.

§ 228.10 Ex parte communications.

(a) After notice of a hearing is

published in the Federal Register, all

communications, whether oral or

written, involving any substantive or

procedural issue and directed either to

the presiding officer or to the Assistant

Administrator, Deputy Assistant

Administrator, or Chief of the Marine

Mammal Division, National Marine

Fisheries Service, without reference to

these rules of procedure, shall be

deemed ex parte communications and

are not to be considered part of the

record for decision.

(b) A record of oral conversations

shall be made by the persons who are

contacted. All communications shall be

available for public viewing at the

place(s) specified in the notice of

hearing.

(c) The presiding office shall not

consult any person or party on any fact

in issue or on the merits of the matter

unless notice and opportunity is given

for all parties to participate.

§ 228.11 Prehearing conference.

(a) After an examination of all the

direct testimony submitted pursuant to

§ 228.7, the presiding officer shall make

a preliminary determination of issues of

fact which may be addressed at the

hearing.

(b) The presiding officer’s preliminary

determination shall be made available at

the place or places provided in the

notice of the hearing (§ 228.4(b)(8)) at

least 5 days before the prehearing

conference.

(c) The purpose of the prehearing

conference shall be to enable the

presiding officer to determine, on the

basis of the direct testimony submitted

and prehearing discussions:

(1) Whether the presiding officer’s

preliminary determination of issues of

fact for the hearing has omitted any

significant issues;

(2) What facts are not in dispute;

(3) Which witnesses may appear at

the hearing; and

(4) The nature of the interest of each

party and which parties’ interests are

adverse.

(d) Only parties may participate in the

hearing conference and a party may

appear in person or be represented by

counsel.

(e) Parties who do not appear at the

prehearing conference shall be bound by

the conference’s determinations.

§ 228.12 Final agenda of the hearing.

(a) After the prehearing conference,

the presiding officer shall prepare a

final agenda which shall be published

in the Federal Register within 10 days

after the conclusion of the conference. A

copy of the final agenda shall be mailed

to all parties.

(b) The final agenda shall list:

(1) All the issues which the hearing

shall address, the order in which those

issues shall be presented, and the direct

testimony submitted which bears on the

issues; and

(2) A final date for submission of

direct testimony on issues of fact not

included in the notice of hearing if such

issues are presented. The final agenda

may also specify a final date for

submission of direct testimony to rebut

testimony previously submitted during

the time specified in the notice of the

hearing.

(c) The presiding officer shall publish

with the final agenda a list of witnesses

who may appear at the hearing, a list of

parties, the nature of the interest of each

party, and which parties’ interests are

adverse on the issues presented.

§ 228.13 Determination to cancel the

hearing.

(a) If the presiding officer concludes

that no issues of fact are presented by

the direct testimony submitted, the

presiding officer shall publish such

conclusion and notice in the Federal

Register that a hearing shall not be held

and shall also publish a date for filing

written comments on the proposed

regulations. Written comments may

include proposed findings and

conclusions, arguments or briefs.

(b) A person need not be a party to

submit any written comments.

(c) Promptly after expiration of the

period for receiving written comments,

the presiding officer shall make a

recommended decision based on the

record, which in this case shall consist

of the direct testimony and written

comments submitted. He shall transfer

to the Assistant Administrator his

recommended decision, the record and

a certificate stating that the record

contains all the written direct testimony

and comments submitted. The Assistant

Administrator shall then make a final

decision in accordance with these

regulations (§ 228.21).

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39563

§ 228.14 Rebuttal testimony and new

issues of fact in final agenda.

(a) Direct testimony to rebut

testimony offered during the time

period specified in the notice of hearing

may be submitted pursuant to these

regulations within fifteen days after the

conclusion of the prehearing conference

unless the presiding officer otherwise

specifies in the final agenda.

(b) If the final agenda presents issues

not included in the notice of the hearing

published pursuant to § 228.4:

(1) Any person interested in

participating at the hearing on such

issues presented shall notify the

Assistant Administrator by certified

mail of an intent to participate not later

than 10 days after publication of the

final agenda. Such person may present

direct testimony or cross-examine

witnesses only on such issues presented

unless that person previously notified

the Assistant Administrator pursuant to

§ 228.5; and

(2) Additional written direct

testimony concerning such issues may

be submitted within the time provided

in the final agenda. Such direct

testimony will comply with the

requirements of § 228.7.

§ 228.15 Waiver of right to participate.

Persons who fail to notify the

Assistant Administrator pursuant to

§§ 228.5 and 228.14 shall be deemed to

have waived their right to participate as

parties in any part of the hearing.

§ 228.16 Conduct of the hearing.

(a) The hearing shall be held at the

time and place fixed in the notice of the

hearing, unless the presiding officer

changes the time or place. If a change

occurs, the presiding officer shall

publish the change in the Federal

Register and shall expeditiously notify

all parties by telephone or by mail:

Provided, that if that change in time or

place of hearing is made less than 5

days before the date previously fixed for

the hearing, the presiding officer shall

also announce, or cause to be

announced, the change at the time and

place previously fixed for the hearing.

(b) The presiding officer shall, at the

commencement of the hearing,

introduce into the record: the notice of

hearing as published in the Federal

Register; all subsequent documents

published in the Federal Register; the

draft Environmental Impact Statement if

it is required and the comments thereon

and agency responses to the comments;

and a list of all parties. Direct testimony

shall then be received with respect to

the matters specified in the final agenda

in such order as the presiding officer

shall announce. With respect to direct

testimony submitted as rebuttal

testimony or in response to new issues

presented by the prehearing conference,

the presiding officer shall determine the

relevancy of such testimony.

(c) The hearing shall be publicly

conducted and reported verbatim by an

official reporter.

(d) If a party objects to the admission

or rejection of any direct testimony or to

any other ruling of the presiding officer

during the hearing, he or she shall state

briefly the grounds of such objection,

whereupon an automatic exception will

follow if the objection is overruled by

the presiding officer. The transcript

shall not include argument or debate

thereon except as ordered by the

presiding officer. The ruling by the

presiding officer on any objection shall

be a part of the transcript and shall be

subject to review at the same time and

in the same manner as the Assistant

Administrator’s final decision. Only

objections made before the presiding

officer may subsequently be relied upon

in the proceedings.

(e) All motions and requests shall be

addressed to, and ruled on by, the

presiding officer, if made prior to his

certification of the transcript or by the

Assistant Administrator if made

thereafter.

§ 228.17 Direct testimony.

(a) Only direct testimony submitted

by affidavit as provided in these

regulations and introduced at the

hearing by a witness shall be considered

part of the record. Such direct testimony

shall not be read into evidence but shall

become a part of the record subject to

exclusion of irrelevant and immaterial

parts thereof;

(b) The witness introducing direct

testimony shall:

(1) State his or her name, address and

occupation;

(2) State qualifications for introducing

the direct testimony. If an expert, the

witness shall briefly state the scientific

or technical training which qualifies the

witness as an expert;

(3) Identify the direct testimony

previously submitted in accordance

with these regulations; and

(4) Submit to appropriate cross and

direct examination. Cross-examination

shall be by a party whose interests are

adverse on the issue presented, to the

witness’, if the witness is a party, or to

the interests of the party who presented

the witness.

(c) A party shall be deemed to have

waived the right to introduce direct

testimony if such party fails to present

a witness to introduce the direct

testimony.

(d) Official notice may be taken of

such matters as are judicially noticed by

the courts of the United States:

Provided, that parties shall be given

adequate notice, by the presiding

officer, at the hearing, of matters so

noticed and shall be given adequate

opportunity to show that such facts are

inaccurate or are erroneously noticed.

§ 228.18 Cross-examination.

(a) The presiding officer may:

(1) Require the cross-examiner to

outline the intended scope of the crossexamination;

(2) Prohibit parties from crossexamining witnesses unless the

presiding officer has determined that

the cross-examiner has an adverse

interest on the facts at issue to the partywitness or the party presenting the

witness. For the purposes of this

subsection, the Assistant

Administrator’s or his or her

representative’s interest shall be

considered adverse to all parties;

(3) Limit the number of times any

party or parties having a common

interest may cross-examine an

‘‘adverse’’ witness on the same matter;

and

(4) Exclude cross-examination

questions that are immaterial, irrelevant

or unduly repetitious.

(b) Any party shall be given an

opportunity to appear, either in person

or through an authorized counsel or

representative, to cross-examine

witnesses. Before cross-examining a

witness, the party or counsel shall state

his or her name, address and

occupation. If counsel cross-examines

the witness, counsel shall state for the

record the authority to act as counsel.

Cross-examiners shall be assumed to be

familiar with the direct testimony.

(c) Any party or party’s counsel who

fails to appear at the hearing to crossexamine an ‘‘adverse’’ witness shall be

deemed to have waived the right to

cross-examine that witness.

(d) Scientific, technical or commercial

publications may only be utilized for

the limited purposes of impeaching

witnesses under cross-examination

unless previously submitted and

introduced in accordance with these

regulations.

§ 228.19 Oral and written arguments.

(a) The presiding officer may, in his

or her discretion, provide for oral

argument at the end of the hearing. Such

argument, when permitted, may be

limited by the presiding officer to the

extent necessary for the expeditious

disposition of the proceeding.

(b) The presiding officer shall

announce at the hearing a reasonable

39564 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

period of time within which any

interested person may file with the

presiding officer any written comments

on the proposed regulations and waiver,

including proposed findings and

conclusions and written arguments or

briefs, which are based upon the record

and citing where practicable the

relevant page or pages of the transcript.

If a party filing a brief desires the

presiding officer to reconsider any

objection made by such party to a ruling

of the presiding officer, the party shall

specifically identify such rulings by

reference to the pertinent pages of the

transcript and shall state their

arguments thereon as a part of the brief.

(c) Oral or written arguments shall be

limited to issues arising from direct

testimony on the record.

§ 228.20 Recommended decision,

certification of the transcript and

submission of comments on the

recommended decision.

(a) Promptly after expiration of the

period for receiving written briefs, the

presiding officer shall make a

recommended decision based on the

record and transmit the decision to the

Assistant Administrator. The

recommended decision shall include:

(1) A statement containing a

description of the history of the

proceedings;

(2) Findings on the issues of fact with

the reasons therefor; and

(3) Rulings on issues of law.

(b) The presiding officer shall also

transmit to the Assistant Administrator

the transcript of the hearing, the original

and all copies of the direct testimony,

and written comments. The presiding

officer shall attach to the original

transcript of the hearing a certificate

stating that, to the best of his knowledge

and belief, the transcript is a true

transcript of the testimony given at the

hearing except in such particulars as are

specified.

(c) Immediately after receipt of the

recommended decision, the Assistant

Administrator shall give notice thereof

in the Federal Register, send copies of

the recommended decision to all

parties, and provide opportunity for the

submission of comments. The

recommended decision may be

reviewed and/or copied in the office of

the Assistant Administrator, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

(d) Within 20 days after the notice of

receipt of the recommended decision

has been published in the Federal

Register, any interested person may file

with the Assistant Administrator any

written comments on the recommended

decision. All comments, including

recommendations from or consultation

with the Marine Mammal Commission,

must be submitted during the 20-day

period to the Assistant Administrator at

the previously mentioned address.

§ 228.21 Assistant Administrator’s

decision.

(a) Upon receipt of the recommended

decision and transcript and after the 20-

day period for receiving written

comments on the recommended

decision has passed, the Assistant

Administrator shall make a final

decision on the proposed regulations

and waiver, where applicable. The

Assistant Administrator’s decision may

affirm, modify, or set aside, in whole or

in part, the recommended findings,

conclusions and decision of the

presiding officer. The Assistant

Administrator may also remand the

hearing record to the presiding officer

for a fuller development of the record.

(b) The Assistant Administrator’s

decision shall include:

(1) A statement containing a

description of the history of the

proceeding;

(2) Findings on the issues of fact with

the reasons therefor; and

(3) Rulings on issues of law.

(4) The Assistant Administrator’s

decision shall be published in the

Federal Register. If the waiver is

approved, the final adopted regulations

shall be promulgated with the decision.

[FR Doc. 00–16229 Filed 6–26–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 121399A]

Fisheries of the Exclusive Economic

Zone off Alaska; Bycatch Rate

Standards for the Second Half of 2000

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Pacific halibut and red king crab

bycatch rate standards; request for

comments.

SUMMARY: NMFS announces Pacific

halibut and red king crab bycatch rate

standards for the second half of 2000.

Publication of these bycatch rate

standards is required by regulations

implementing the vessel incentive

program. This action is necessary to

implement the bycatch rate standards

for trawl vessel operators who

participate in the Alaska groundfish

trawl fisheries. The intent of this action

is to reduce prohibited species bycatch

rates and promote conservation of

groundfish and other fishery resources.

DATES: Effective 1201 hours, Alaska

local time (A.l.t.), July 1, 2000, through

2400 hours, A.l.t., December 31, 2000.

Comments on this action must be

received at the following address no

later than 4:30 p.m., A.l.t., July 27, 2000.

ADDRESSES: Comments may be

submitted to Sue Salveson, Assistant

Regional Administrator, Sustainable

Fisheries Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802–1668, Attn: Lori Gravel.

Comments also may be sent via

facsimile (fax) to 907–586–7465.

Comments will not be accepted if

submitted via e-mail or Internet. Courier

or hand delivery of comments may be

made to NMFS in the Federal Building,

Room 453, Juneau, AK 99801.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the domestic groundfish

fisheries in the exclusive economic zone

of the Bering Sea and Aleutian Islands

management area (BSAI) and Gulf of

Alaska (GOA) according to the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area and the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMPs). The North

Pacific Fishery Management Council

(Council) prepared the FMPs under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Regulations governing the U.S.

groundfish fisheries and implementing

the FMPs appear at 50 CFR part 679.

Regulations at § 679.21(f) implement a

vessel incentive program to reduce

halibut and red king crab bycatch rates

in the groundfish trawl fisheries. Under

the incentive program, operators of

trawl vessels may not exceed Pacific

halibut bycatch rate standards specified

for the BSAI and GOA midwater pollock

and ‘‘other trawl’’ fisheries, and the

BSAI yellowfin sole and ‘‘bottom

pollock’’ fisheries. Vessel operators also

may not exceed red king crab bycatch

standards specified for the BSAI

yellowfin sole and ‘‘other trawl’’

fisheries in Bycatch Limitation Zone 1

(defined in § 679.2). The fisheries

included under the incentive program

are defined in regulations at

§ 679.21(f)(2).

Regulations at § 679.21(f)(3) require

that halibut and red king crab bycatch

rate standards for each fishery included