64654 Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Proposed Rules

rules that will have a significant effect

on a substantial number of small

entities, which includes small

businesses, organizations, or

governmental jurisdictions. This rule

proposes to approve an additional type

of nontoxic shot that may be sold and

used to hunt migratory birds; this

proposed rule would provide one shot

type in addition to the existing four that

are approved. We have determined,

however, that this proposed rule will

have no effect on small entities since the

approved shot merely will supplement

nontoxic shot already in commerce and

available throughout the retail and

wholesale distribution systems. We

anticipate no dislocation or other local

effects, with regard to hunters and

others. This rule was not subject to

Office of Management and Budget

(OMB) review under Executive Order

12866.

Executive Order 12866

This proposed rule is not a significant

regulatory action subject to Office of

Management and Budget (OMB) review

under Executive Order 12866. OMB

makes the final determination under

E.O. 12866. We invite comments on

how to make this rule easier to

understand, including answers to

questions such as the following: (1) Are

the requirements in the rule clearly

stated? (2) Does the rule contain

technical language or jargon that

interferes with its clarity? (3) Does the

format of the rule (grouping and order

of sections, use of headings,

paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to

understand if it were divided into more

(but shorter) sections? (5) Is the

description of the rule in the

SUPPLEMENTARY INFORMATION section of

the preamble helpful in understanding

the rule? What else could we do to make

the rule easier to understand?

Paperwork Reduction Act

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. We have examined this

regulation under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501)

and found it to contain no information

collection requirements. We have

submitted a request for renewal of OMB

approval of collection of information

shot manufacturers are required to

provide to us for the nontoxic shot

approval process. For further

information see 50 CFR 20.134.

Unfunded Mandates Reform

We have determined and certify

pursuant to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502, et seq., that

this proposed rulemaking will not

impose a cost of $100 million or more

in any given year on local or State

government or private entities.

Civil Justice Reform—Executive Order

12988

We, in promulgating this proposed

rule, have determined that these

regulations meet the applicable

standards provided in Sections 3(a) and

3(b)(2) of Executive Order 12988.

Takings Implication Assessment

In accordance with Executive Order

12630, this proposed rule, authorized by

the Migratory Bird Treaty Act, does not

have significant takings implications

and does not affect any constitutionally

protected property rights. This proposed

rule will not result in the physical

occupancy of property, the physical

invasion of property, or the regulatory

taking of any property. In fact, this

proposed rule will allow hunters to

exercise privileges that would be

otherwise unavailable; and, therefore,

reduces restrictions on the use of private

and public property.

Federalism Effects

Due to the migratory nature of certain

species of birds, the Federal

Government has been given

responsibility over these species by the

Migratory Bird Treaty Act. This

proposed rule does not have a

substantial direct effect on fiscal

capacity, change the roles or

responsibilities of Federal or State

governments, or intrude on State policy

or administration. Therefore, in

accordance with Executive Order 13132,

this proposed regulation does not have

significant federalism effects and does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

DM 2, we have determined that this

proposed rule has no effects on

Federally recognized Indian tribes.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

For the reasons discussed in the

preamble, we propose to amend part 20,

subchapter B, chapter I of Title 50 of the

Code of Federal Regulations as follows:

PART 20—[AMENDED]

1. The authority citation for part 20

continues to read as follows:

Authority: 16 U.S.C. 703–712 and 16

U.S.C. 742 a–j.

2. Section 20.21 is amended by

revising paragraph (j) to read as follows:

§ 20.21 What hunting methods are illegal?

* * * * *

(j) While possessing loose shot for

muzzle loading or shotshells containing

other than the previously approved shot

types of steel, bismuth-tin (97 parts

bismuth: 3 parts tin), tungsten-iron (40

parts tungsten: 60 parts iron), tungstenpolymer (95.5 parts tungsten: 4.5 parts

Nylon 6 or 11), tungsten-matrix (95.9

parts tungsten: 4.1 parts polymer), and

tungsten-nickel-iron (55% tungsten:

35% nickel: 15% iron), all of which

must contain less than 1% residual lead

(see § 20.134). This restriction applies to

the taking of ducks, geese (including

brant), swans, coots (Fulica americana),

and any other species that make up

aggregate bag limits with them during

concurrent seasons in areas described in

§ 20.108 as nontoxic shot zones.

* * * * *

Dated: October 24, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–27842 Filed 10–27–00; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 102300A]

New England Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 3-day public meeting on

November 14, 15, and 16, 2000, to

consider actions affecting New England

fisheries in the exclusive economic zone

(EEZ).

Federal Register / Vol. 65, No. 210 / Monday, October 30, 2000 / Proposed Rules 64655

DATES: The meeting will be held on

Tuesday, November 14, 2000, beginning

at 9:30 a.m., and Wednesday and

Thursday, November 15 and 16, at 8:30

a.m.

ADDRESSES: The meeting will be held at

the Sheraton Colonial Hotel, One

Audubon Road, Wakefield, MA, 01880;

telephone (781) 245-9300. Requests for

special accommodations should be

addressed to the New England Fishery

Management Council, 50 Water Street,

Mill 2, Newburyport, MA 01950;

telephone (978) 465-0492.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council

(978) 465-0492.

SUPPLEMENTARY INFORMATION:

Tuesday, November 14, 2000

After introductions, the meeting will

begin with a report from the Sea Scallop

Committee. It will ask the Council to

consider a number of issues related to

action on Framework Adjustment 14 to

the Fishery Management Plan (FMP) for

Atlantic Sea Scallops. These issues

include staff recommendations for

General Category permit vessel

participation in the Hudson Canyon and

Virginia Beach Closed Area access

program and additional Scallop

Committee recommendations for

inclusion in Framework 14 that relate to

conditions for access. The Council’s

Social Sciences Advisory Panel will

present its comments on the Draft

Supplemental Environmental Impact

Statement (DSEIS) for Framework

Adjustment 14. The Council also will

allow time for public comment on the

Notice of Intent to prepare an SEIS.

Subsequent to these agenda items, the

Council intends to adopt the DSEIS. The

Council is scheduled to take final action

on Framework Adjustment 14 at its

January 23-25, 2001, Council meeting.

The Council also may request that

NMFS take Interim Action to postpone

the scheduled opening of the Hudson

Canyon and Virginia Beach Closed

Areas on March 1, 2001. The

postponement, to be initiated to

accommodate the preparation of the

SEIS for Framework 14, would continue

until the framework measures are

implemented or for 180 days, whichever

is earlier. In other actions under the

scallop agenda item, the Council will

comment on NMFS possibly allowing

compensation trips to be taken by

scallop vessels in the groundfish closed

areas after the close of this scallop

fishing year (February 28, 2001) to pay

for scallop research associated with the

Framework Adjustment 13 Total

Allowable Catch research set-aside.

Following this agenda item, the

Council’s Research Steering Committee

will ask the Council to approve research

priorities for 2001 and review the

committee’s actions to date to develop

a program to address the next round of

Congressional funds appropriated for

collaborative research in New England.

Wednesday, November 15, 2000

The meeting will begin with a

presentation of the 2000 Multispecies

Monitoring Committee (MSMC) report,

including its recommendations for

revisions to management measures for

the 2001 fishing year. Under the

Groundfish Committee Report to follow,

the Council will discuss these

recommendations and identify

alternatives for an annual framework

adjustment to the Northeast

Multispecies FMP that may be necessary

to meet the goals and objectives of the

plan. If an annual adjustment is

necessary, this will be the initial

meeting for Framework Adjustment 36

to the Northeast Multispecies FMP.

Prior to a committee update on the

development of Amendment 13 to the

FMP, the Groundfish Overfishing

Definition Review Panel Committee will

present its report to the Council. The

Groundfish Committee will then discuss

rebuilding schedules and review

committee progress to develop

management alternatives, including

possible refinements to the existing

three broad alternatives under

consideration for inclusion in the

amendment (modifications based on the

status quo, sector allocation alternative

and area management alternative).

There also will be discussion of a

process for considering industry

proposals and a new timeline for

completion of Amendment 13 tasks.

Additionally, under the Groundfish

Committee Report agenda item, there

will be a presentation of the National

Research Council’s Report on Summer

Flounder and Improving the Collection,

Management and Use of Fisheries Data.

Thursday, November 16, 2000

The third day of the meeting will

begin with reports on recent activities

from the Council Chairman, Executive

Director, the NMFS Regional

Administrator, Northeast Fisheries

Science Center and Mid-Atlantic

Fishery Management Council liaisons,

and representatives of the Coast Guard,

NMFS Enforcement and the Atlantic

States Marine Fisheries Commission.

The Council’s Executive Director will

ask for approval of a schedule of

management priorities for 2001. The

Habitat Committee will ask for approval

of a letter to the Environmental

Protection Agency concerning its power

plant permitting process. Under the

Monkfish Committee Report, there will

be a presentation of the Stock

Assessment and Fishery Evaluation

(SAFE) Report for the 1999 fishing year,

which will include the annual Monkfish

Monitoring Committee Report. The

committee will ask for Council approval

of initial action on the annual

framework adjustment to the Monkfish

FMP. The only measure under

consideration to date concerns the

necessary exemptions for vessels fishing

for monkfish in the Northwest Atlantic

Fisheries Organization Regulated Area.

The Council may identify other

measures to be analyzed and considered

in the framework adjustment process.

The Council meeting will adjourn after

addressing any other outstanding

business.

Although other non-emergency issues

not contained in this agenda may come

before this Council for discussion, those

issues may not be the subject of formal

action during this meeting. Council

action will be restricted to those issues

specifically listed in this notice and any

issues arising after publication of this

notice that require emergency action

under section 305(c) of the MagnusonStevens Act, provided the public has

been notified of the Council’s intent to

take final action to address the

emergency.

The New England Council will

consider public comments at a

minimum of two Council meetings

before making recommendations to the

National Marine Fisheries Service

Regional Administrator on any

framework adjustment to a fishery

management plan. If she concurs with

the adjustment proposed by the Council,

the Regional Administrator has the

discretion to publish the action either as

proposed or final regulations in the

Federal Register. Documents pertaining

to framework adjustments are available

for public review 7 days prior to a final

vote by the Council.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Paul

J. Howard (see ADDRESSES) at least 5

days prior to the meeting date.

Dated: October 24, 2000.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–27817 File 10–27–00; 8:45 am]

BILLING CODE 3510–22–S