Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations 65769

interstate commerce of each such public

utility in the immediately preceding

reporting year (either a calendar year or

fiscal year, depending on which

accounting convention is used by the

public utility to be charged) to the sum

of the megawatt-hours of transmission

of electric energy in interstate commerce

in the immediately preceding reporting

year of all such public utilities.

(c) Reporting requirement. (1) For

purposes of computing annual charges,

as of January 1, 2002, a public utility,

as defined in § 382.102(b), that provides

transmission service must submit under

oath to the Office of the Secretary by

April 30 of each year an original and

conformed copies of the following

information (designated as FERC

Reporting Requirement No. 582 (FERC–

582)): The total megawatt-hours of

transmission of electric energy in

interstate commerce, which for

purposes of computing the annual

charges and for purposes of this

reporting requirement, will be measured

by the sum of the megawatt-hours of all

unbundled transmission (including

MWh delivered in wheeling

transactions and MWh delivered in

exchange transactions) and the

megawatt-hours of all bundled

wholesale power sales (to the extent

these latter megawatt-hours were not

separately reported as unbundled

transmission). This information must be

reported to 3 decimal places; e.g., 3,105

KWh will be reported as 3.105 MWh.

(2) Corrections to the information

reported on FERC–582, as of January 1,

2002, must be submitted under oath to

the Office of the Secretary on or before

the end of each calendar year in which

the information was originally reported

(i.e., on or before the last day of the year

that the Commission is open to accept

such filings).

(d) Determination of annual charges

to be assessed to power marketing

agencies. The adjusted costs of

administration of the electric regulatory

program as it applies to Power

Marketing Agencies will be assessed

against each power marketing agency

based on the proportion of the

megawatt-hours of sales of each power

marketing agency in the immediately

preceding reporting year (either a

calendar year or fiscal year, depending

on which accounting convention is used

by the power marketing agency to be

charged) to the sum of the megawatthours of sales in the immediately

preceding reporting year of all power

marketing agencies being assessed

annual charges.

Note: The following appendix will not

appear in the Code of Federal Regulations.

Appendix to Preamble—List of

Commenters

Abbreviation—Commenter

1. AEP—Operating Companies of the

American Electric Power System

2. Allegheny Power—Monongahela Power

Company, Potomac Edison Company, and

West Penn Power Company

3. APS—Arizona Public Service Company

4. APX—Automated Power Exchange

5. APX Companies—Automated Power

Exchange (APX), Coral Power, L.L.C.

(Coral), Dynegy Power Marketing, Inc.

(Dynegy), Enron Power Marketing, Inc.

(EPMI), Koch Energy Trading, Inc. (Koch)

and Merchant Energy Group of the

Americas (MEGA)

6. Atlantic City—Atlantic City Electric

Company, Delmarva Power & Light

Company, Potomac Electric Power

Company, PPL Electric Utilities

Corporation, and Public Service Electric &

Gas

7. Avista—Avista Corporation

8. Cal ISO—California Independent System

Operator Corporation

9. ComEd—Commonwealth Edison Company

10. Consumers—Consumers Energy Company

11. EEI—Edison Electric Institute

12. EPSA—Electric Power Supply

Association

13. FirstEnergy—FirstEnergy Corp.

14. GPU Energy—Jersey Central Power &

Light Company, Metropolitan Edison

Company and Pennsylvania Electric

Company

15. ISO–NE—ISO New England Inc.

16. LIPA and NYPA—Long Island Power

Authority and the Power Authority of the

State of New York

17. Member Systems— Members of the

Transmission Owners Committee of the

Energy Association of New York State

(formerly known as the Member Systems of

the New York Power Pool)

18. Midwest ISO—Midwest Independent

Transmission System Operator, Inc.

19. Midwest ISO Participants—Alliant

Utilities, Ameren (on behalf of Central

Illinois Public Service Company and Union

Electric Company), Central Illinois Light

Company, Cinergy Corp. (on behalf of

Cincinnati Gas & Electric Company, PSI

Energy Inc., and Union Light, Heat &

Power), Commonwealth Edison Company

(including Commonwealth Edison

Company of Indiana), Hoosier Energy Rural

Electric Cooperative, Inc., Illinois Power

Company, Kentucky Utilities Company,

Louisville Gas & Electric Company,

Northern States Power Company, Southern

Illinois Power Cooperative, Southern

Indiana Gas & Electric Corp., Wabash

Valley Power Association, Inc., and

Wisconsin Electric Power Company.

20. MLCS—Merrill Lynch Capital Services,

Inc.

21. NEM—National Energy Marketers

Association

22. NEP—New England Power Company

23. NUSCO—Northeast Utilities Service

Company

24. NYISO—New York Independent System

Operator, Inc.

25. NYMEX—New York Mercantile Exchange

26. PECO—PECO Energy Company

27. PJM—PJM Interconnection, L.L.C.

28. PNGC—Pacific Northwest Generating

Cooperative

29. SDG&E—San Diego Gas & Electric

Company

30. SoCal Edison—Southern California

Edison Company

31. SPP—Southwest Power Pool, Inc.

32. TXU Electric—TXU Electric Company

33. Williams EM&T—Williams Energy

Marketing & Trading Company

[FR Doc. 00–27992 Filed 11–1–00; 8:45 am]

BILLING CODE 6717–01–U

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR 10, 12, 18, 24, 111, 113, 114,

125, 134, 145, 162, 171, and 172

[T.D. 00–57]

RIN 1515–AC01

Petitions for Relief: Seizures,

Penalties, and Liquidated Damages;

Correction

AGENCY: Customs Service, Treasury.

ACTION: Final rule; correction.

SUMMARY: Customs published in the

Federal Register of September 5, 2000,

a document that revised the Customs

Regulations relating to the filing of

petitions in penalty, liquidated

damages, and seizure cases.

Inadvertently, Appendix C to Part 171

was incorrectly amended. This

document corrects the amendment of

that Appendix.

EFFECTIVE DATE: November 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Jeremy Baskin, Penalties Branch, Office

of Regulations and Rulings, (202) 927–

2344.

SUPPLEMENTARY INFORMATION:

Background

On September 5, 2000, Customs

published in the Federal Register (65

FR 53565) T.D. 00–57 that revised the

Customs Regulations relating to the

filing of petitions in penalty, liquidated

damages, and seizure cases. Parts 171

and 172 of the Customs Regulations

were recrafted in that document to

include petition processing in seizure

and unsecured penalty cases under part

171 and liquidated damages and

secured penalty petition processing

under part 172. It has come to Customs

attention that the amendatory

instructions regarding appendix C to

part 171 set forth in that document

inadvertently failed to remove a section

and a note in the Appendix which were

65770 Federal Register / Vol. 65, No. 213 / Thursday, November 2, 2000 / Rules and Regulations

intended to be removed. Not removing

the section resulted in the next section

being redesignated incorrectly. Section

I.H. and the note following section I.H.

were intended to be removed, but were

not, and section I.H. was incorrectly

designated as section I.F. This

document corrects these errors by

removing section I.H. and the note

following section I.H., and redesignating

section I.I. as section I.F.

Correction of Publication

Accordingly, the publication on

September 5, 2000, of the final rule

(T.D. 00–57, 65 FR 53565) is corrected

as follows:

1. On page 53578, in the third

column, the fifth amending instruction

is revised to read as follows:

Appendix C to Part 171 [Amended]

5. Appendix C to Part 171 is amended

by removing the Note following section

I.D., removing section I.E., redesignating

section I.F. as section I.E., removing

sections I.G. and I.H. and the NOTE

following section I.H., and redesignating

section I.I. as section I.F.

Dated: October 30, 2000.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 00–28197 Filed 11–1–00; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 931

[NM–040–FOR]

New Mexico Regulatory Program

AGENCY: Office of the Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

New Mexico regulatory program

(hereinafter, the ‘‘New Mexico

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). New Mexico proposed new

rules and revisions to rules concerning

a guidance document, Coal Mine

Reclamation Program Vegetation

Standards (including success standards,

sampling techniques, and normal

husbandry practices); definitions; time

frames within the liability period for

demonstrating success of revegetation;

and annual report requirements. New

Mexico revised its program to be

consistent with the corresponding

Federal regulations and clarify

ambiguities.

EFFECTIVE DATE: November 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Willis L. Gainer, Telephone: (505) 248–

5096, Internet address:

WGAINER@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the New Mexico Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the New Mexico

Program

On December 31, 1980, the Secretary

of the Interior conditionally approved

the New Mexico program. You can find

background information on the New

Mexico program, including the

Secretary’s findings, the disposition of

comments, and conditions of approval

in the December 31, 1980, Federal

Register (45 FR 86459). You can also

find later actions concerning New

Mexico’s program and program

amendments at 30 CFR 931.11, 931.15,

931.16, and 931.30.

II. Submission of the Proposed

Amendment

By letter dated December 1, 1999

(administrative record No. NM–816),

New Mexico sent to us an amendment

to its program under SMCRA (30 U.S.C.

1201 et seq.). New Mexico submitted the

proposed amendment at its own

initiative and in response to the

required program amendments at 30

CFR 931.16(m), (n), and (z).

We announced receipt of the

proposed amendment in the December

22, 1999 Federal Register (64 FR

71700). In the same document, we

opened the public comment period and

provided an opportunity for a public

hearing or meeting on the amendment’s

adequacy (administrative record No.

819). We did not hold a public hearing

or meeting because no one requested

one. The public comment period ended

on January 21, 2000.

During our review of the amendment,

we identified concerns and notified

New Mexico of the concerns by letter

dated February 17, 2000 (administrative

record no. NM–825). New Mexico

responded in two letters dated April 26,

2000, by submitting (1) rule revisions

never before submitted (administrative

record No. NM–828) and (2) additional

revisions to the December 1, 1999,

amendment (administrative record No.

NM–830).

Based upon New Mexico’s revisions

to and additional explanatory

information for its amendment, we

reopened the public comment period in

the June 7, 2000, Federal Register (65

FR 36104; administrative record No.

834) and provided an opportunity for a

public hearing or meeting on the

adequacy of the revised amendment. We

did not hold a public hearing or meeting

because no one requested one. The

public comment period ended on July 7,

2000.

III. Director’s Findings

Following are the findings we made

concerning the amendment under

SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17. We are

approving the amendment.

1. Revisions to New Mexico’s Rules That

Respond to Required Amendments

A. General Revegetation Requirements,

Required Amendment at 30 CFR

931.16(m)(1)

OSM required at 30 CFR 931.16(m)(1)

that New Mexico revise 19 NMAC 8.2

2065.A to require that revegetation

success be based on the general

revegetation requirements at 19 NMAC

8.2 2060 and 2061 (See finding No.

16(a), 58 FR 65907, 65918, December 17,

1993; administrative record no. NM–

706).

New Mexico (1) proposed to revise 19

NMAC 8.2 2065.A to require that

success of revegetation shall be

measured by techniques identified in

the Director’s Coal Mine Reclamation

Program Vegetation Standards, as

approved by the Directors of the New

Mexico Mining and Minerals Division

(MMD) and OSM after consultation with

appropriate State and Federal agencies,

and (2) submitted for OSM’s approval

the Coal Mine Reclamation Program

Vegetation Standards guidance

document.

The introductory sentence in section

I. D., Establishment and Monitoring of

Revegetation Success Standards, in the

Coal Mine Reclamation Program

Vegetation Standards guidance

document, requires that ‘‘[t]he success

of revegetation on reclaimed lands is

measured against either an unmined

reference area or technical (numeric)

standards, and the general revegetation

requirements of 19 NMAC 8.2, Subpart

2060.’’ Because proposed 19 NMAC 8.2

2065.A states that revegetation success

shall be measured in accordance with

the Coal Mine Reclamation Program

Vegetation Standards, the requirement

to determine success based in part on