41014 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 98–128,

adopted May 31, 2000, and released

June 9, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

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

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Michigan, is amended

by adding Channel 235A at Crystal Falls

and by adding Republic, Channel 244A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–16680 Filed 6–30–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST–2000–7581]

Organization and Delegation of Powers

and Duties; Delegation to the

Administrators of the National

Highway Traffic Safety Administration

and the Federal Motor Carrier Safety

Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: Section 101(f) of the Motor

Carrier Safety Improvement Act of 1999

provides that the authority under title

49, United States Code, to promulgate

safety standards for commercial motor

vehicles and equipment subsequent to

initial manufacture is vested in the

Secretary and may be delegated.

Accordingly, by this action, the

Secretary delegates to the Administrator

of the National Highway Traffic Safety

Administration the authority to

promulgate safety standards for

commercial motor vehicles and

equipment subsequent to initial

manufacture when the standards are

based upon and similar to a Federal

Motor Vehicle Safety Standard (FMVSS)

promulgated under chapter 301 of title

49, U.S.C. The Administrator may

promulgate a standard simultaneously

with the FMVSS on which it is based.

The authority to promulgate safety

standards for commercial motor

vehicles and equipment subsequent to

initial manufacture is delegated to the

Administrator of the Federal Motor

Carrier Safety Administration when the

standards are not based upon and

similar to an FMVSS promulgated under

chapter 301 of title 49, U.S.C.

EFFECTIVE DATE: July 3, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

John Womack, Office of the Chief

Counsel, HCC–01, (202) 366–9511,

National Highway Traffic Safety

Administration, or Ms. Judith A.

Rutledge, Office of the Chief Counsel,

(MC-CC), (202) 366–2519, Federal Motor

Carrier Safety Administration, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded by using a

computer, modem and suitable

communications software from the

Government’s Printing Office Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Office of the Federal Register’s home

page at: http://www.nara.gov/fedreg and

the Government Printing Office’s

database at: http://www.access.gpo.gov/

nara.

Background

Effective October 9, 1999, the

Secretary of Transportation rescinded

the authority of the Federal Highway

Administrator to perform motor carrier

safety functions and operations and

redelegated it to the Director of a newly

established Office of Motor Carrier

Safety in the Department of

Transportation. (64 FR 56270, October

19, 1999; 64 FR 58356, October 29,

1999.) This action was consistent with

section 338 of the Fiscal Year 2000

Department of Transportation and

Related Agencies Appropriations Act

(Pub. L. 106–69), as amended by Pub. L.

106–73, which prohibits the Federal

Highway Administration from spending

funds made available or limited in that

Act to carry out such functions. On

December 9, 1999, the Motor Carrier

Safety Improvement Act of 1999 (MCSI

Act) (Public Law No. 106–159, 113 Stat.

1748) was enacted for the purpose of

establishing the Federal Motor Carrier

Safety Administration effective January

1, 2000. As we noted in a prior

delegation to the FMCSA, 49 U.S.C.

113(f), as enacted by section 101(a) of

the MCSI Act, states that the Federal

Motor Carrier Safety Administrator shall

carry out a number of duties and powers

related to motor carrier and motor

carrier safety and gives the Secretary

discretion to delegate the authority to

promulgate safety standards for

commercial motor vehicles and

equipment subsequent to initial

manufacture. As a result, Part 1 of title

49, CFR, was amended to reflect this

new provision by substituting the words

‘‘Administrator of the Federal Motor

Carrier Safety Administration’’ for the

words ‘‘Director of the Office of Motor

Carrier Safety.’’ (65 FR 220, January 4,

2000.) It was also amended to reflect the

Federal Motor Carrier Safety

Administration as an organization

within the Department of

Transportation and to describe its

general responsibilities. Id. In addition,

section 1.73 of this Part was amended in

accordance with section 101(f) of the

MCSI Act to reflect the Secretary’s

reservation to himself of the authority to

promulgate safety standards for

commercial motor vehicles and

equipment subsequent to initial

manufacture. Id. These amendments

were effective January 1, 2000.

This rule amends 49 CFR Part 1 to

reflect the Secretary’s decision to now

delegate to the National Highway Traffic

Safety Administrator the authority to

promulgate safety standards for

commercial motor vehicles and

equipment already in use when the

standards are based upon and similar to

an FMVSS promulgated under chapter

301 of title 49, U.S.C. In issuing

standards under this delegation, the

Administrator will coordinate with the

Federal Motor Carrier Safety

Administrator. This rule also amends

Part 1 to delegate to the Federal Motor

Carrier Safety Administrator the

authority to promulgate safety standards

for commercial motor vehicles and

equipment already in use when the

standards are not based upon and

similar to an FMVSS promulgated under

chapter 301 of title 49, U.S.C. Nothing

in this rule changes the existing

authority of the Federal Motor Carrier

Safety Administration to promulgate

standards relating to motor carrier

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Rules and Regulations 41015

operations and maintenance of

commercial motor vehicles, to inspect

vehicles and equipment for compliance

with applicable safety standards and

maintenance requirements, and to take

enforcement action as necessary.

The Administrators of the National

Highway Traffic Safety Administration

and the Federal Motor Carrier Safety

Administration have the authority to

redelegate the functions described in

this document if not inconsistent with

statute, departmental regulations,

policies, and orders governing

delegation of functions.

As the rule relates to Departmental

organization, procedure, and practice,

notice and comment on it are

unnecessary under 5 U.S.C. 553(b). This

action makes no substantive changes to

the motor carrier safety regulations.

Therefore, prior notice and opportunity

to comment are unnecessary, and good

cause exists under 5 U.S.C. 553(d)(3) to

dispense with the 30-day delay in the

effective date requirement so that the

National Highway Traffic Safety

Administration and the Federal Motor

Carrier Safety Administration may

immediately operate pursuant to the

changes noted below.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

Issued this 22nd day of June, 2000 at

Washington, DC.

Rodney E. Slater,

Secretary of Transportation.

For the reasons set forth in the

preamble, the Department of

Transportation amends 49 CFR Part 1 as

follows:

PART 1—ORGANIZATION AND

DELEGATION OF POWERS AND

DUTIES

1. The authority citation for part 1

continues to read as follows:

Authority: 49 U.S.C. 2104(a); Pub. L. 101–

552; 28 U.S.C. 2672, 31 U.S.C. 3711 (a)(2), 46

U.S.C. 2104(a).

2. In § 1.50 add paragraph (n) to read

as follows:

§ 1.50 Delegation to the National Highway

Traffic Safety Administrator.

* * * * *

(n) Carry out, in coordination with the

Federal Motor Carrier Safety

Administrator, the authority vested in

the Secretary by subchapter III of

chapter 311 and section 31502 of title

49, U.S.C., to promulgate safety

standards for commercial motor

vehicles and equipment subsequent to

initial manufacture when the standards

are based upon and similar to a Federal

Motor Vehicle Safety Standard

promulgated, either simultaneously or

previously, under chapter 301 of title

49, U.S.C.

§ 1.73 [Amended]

3. Amend § 1.73 as follows:

a. Amend paragraph (g) by removing

the word ‘‘for’’ the first time it is used

and adding the word ‘‘that’’ in its place,

and by adding before the period ‘‘is

limited to standards that are not based

upon and similar to a Federal Motor

Vehicle Safety Standard promulgated

under chapter 301 of title 49, U.S.C.’’

b. Amend paragraph (l) by removing

the word ‘‘for’’ the first time it is used

and adding the word ‘‘that’’ in its place,

and by adding before the period ‘‘is

limited to standards that are not based

upon and similar to a Federal Motor

Vehicle Safety Standard promulgated

under chapter 301 of title 49, U.S.C.’’

[FR Doc. 00–16623 Filed 6–30–00; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000503121–0189–02; I.D.

030600A]

RIN 0648–AN07

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Catch Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures (framework

procedure) of the Fishery Management

Plan for the Coastal Migratory Pelagic

Resources of the Gulf of Mexico and

South Atlantic (FMP), NMFS issues this

final rule to: Increase the annual total

allowable catch (TAC) and increase the

commercial trip limit off the southeast

coast of Florida for Atlantic group king

mackerel; and increase the TAC, modify

the commercial trip limits applicable off

Florida, and increase the recreational

bag limit for Atlantic group Spanish

mackerel. The intended effects of this

rule are to maintain healthy stocks of

king and Spanish mackerel while still

allowing catches by important

commercial and recreational fisheries.

DATES: This final rule is effective August

2, 2000.

FOR FURTHER INFORMATION CONTACT: Dr.

Steve Branstetter; telephone: 727–570–

5305; fax: 727–570–5583; e-mail:

Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are regulated under the FMP.

The FMP was prepared jointly by the

Gulf of Mexico and South Atlantic

Fishery Management Councils and was

approved and implemented by NMFS

through regulations at 50 CFR part 622.

In accordance with the framework

procedure, the South Atlantic Fishery

Management Council (Council)

recommended, and NMFS published, a

proposed rule (65 FR 31132, May 16,

2000) to: Increase the annual TAC and

increase the commercial trip limit off

the southeast coast of Florida for

Atlantic group king mackerel; and

increase the TAC, modify the

commercial trip limits applicable off

Florida, and increase the recreational

bag limit for Atlantic group Spanish

mackerel. The proposed rule described

the need and rationale for these

measures, which are not repeated here.

Comments and Responses

One public comment on the proposed

rule was received from the Council.

Comment: The Council reiterated its

support for a TAC of 7.04 million lb

(3.19 million kg) for Atlantic group

Spanish mackerel; noted that the

regulations would relieve restrictions,

consistent with conserving the resource,

and would benefit fishers who had

experienced necessary restrictions in

the past; and urged timely

implementation of the regulations.

Response: NMFS agrees that the

Council’s proposed actions are

appropriate, has approved them, and is

implementing them by this final rule.

Change from the Proposed Rule

The proposed rule inadvertently did

not include the revision of the adjusted

quota for Atlantic group Spanish

mackerel that results automatically from

the increase in TAC. This final rule

incorporates the appropriate revision in

§ 622.44(b)(2).

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration when