6350 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules

work force in accordance with

procedures established by the

transportation department. The traffic

control plan and the application of

traffic control devices shall conform to

the standards set forth in the current

edition of the ‘‘Manual on Uniform

Traffic Control Devices’’ (MUTCD) and

23 CFR part 630, subpart J. (This

publication is incorporated by reference

and is on file at the Office of the Federal

Register in Washington, DC. It is

available for inspection and copying

from the FHWA Washington

Headquarters and all FHWA Division

Offices as prescribed in 49 CFR part 7.).

* * * * *

(m) Utility determination. In

determining whether a proposed

installation is a ‘‘utility’’ or not, the

most important consideration is how the

STD views a particular facility under its

own State law and/or regulations.

(n) Right-of-way considerations. When

an STD intends to permit utilities to use

and occupy the right-of-way on a

Federal-aid highway project, such

potential use should be a consideration

in determining the extent and adequacy

of the right-of-way needed for the

project. When acquiring highway rightof-way, the STD in consultation with

the utilities should consider acquiring

sufficient right-of-way to accommodate

utility needs. This will minimize

inconvenience to property owners. The

STD may retain possession of the

acquired right-of-way, or may sell, lease,

or convey it to the utilities. When an

STD acquires and retains right-of-way

on a Federal-aid highway project for use

by utilities in accordance with

established standard criteria pursuant to

State law, ordinance, or administrative

practice, such right-of-way may be

considered eligible for Federal-aid

reimbursement as an integral part of the

project right-of-way.

13. Amend § 645.211 by revising the

introductory paragraph to read as

follows:

§ 645.211 State transportation department

accommodation policies.

The FHWA should use the current

editions of the AASHTO publications,

‘‘A Guide for Accommodating Utilities

Within Highway Right-of-Way’’ and

‘‘Roadside Design Guide’’ to assist in the

evaluation of adequacy of STD utility

accommodation policies. They are

available for inspection from the FHWA

Washington Headquarters and all

FHWA Division Offices as prescribed in

49 CFR part 7. Copies of current

AASHTO publications are available for

purchase from the American

Association of State Highway and

Transportation Officials, Suite 225, 444

North Capitol Street, NW., Washington,

DC 20001.). At a minimum, such

policies shall make adequate provisions

with respect to the following:

* * * * *

14. Revise § 645.215(d) to read as

follows:

§ 645.215 Approvals.

* * * * *

(d) When a utility files a notice or

makes an individual application or

request to a STD to use or occupy the

right-of-way of a Federal-aid highway

project, the STD is not required to

submit the matter to the FHWA for prior

concurrence, except when the proposed

installation is not in accordance with

this subpart or with the STD’s utility

accommodation policy approved by the

FHWA for use on Federal-aid highway

projects.

* * * * *

[FR Doc. 00–2674 Filed 2–8–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[USCG 1999–6097]

Federal Pilotage for Foreign-Trade

Vessels in Maryland

AGENCY: Coast Guard, DOT.

ACTION: Notice of public meeting and

extension of comment period.

SUMMARY: The Coast Guard is holding a

public meeting to solicit comments on

a proposed change to the licensing

requirements for pilots of vessels

engaged in foreign trade, under way on

the navigable waterways within the

State of Maryland. We have proposed to

require that such vessels be under the

direction and control of Federallylicensed pilots when not under the

direction and control of State-licensed

pilots. Because of substantial interest,

we have scheduled a public meeting on

March 1, 2000, regarding the proposed

rule, and we have extended the public

comment period until April 1, 2000. We

encourage you to provide oral and

written comments about the proposed

change.

DATES: The public meeting is scheduled

for Wednesday, March 1, 2000, from 7

p.m. to 10 p.m. The meeting will

convene at 7 p.m.; however, it may

conclude before 10 p.m. if we finish

early. Comments and related material

must reach the Docket Management

Facility on or before April 1, 2000.

ADDRESSES: The public meeting will be

held at the Bachelors Officers’ Quarters

(B.O.Q.) conference room at the Coast

Guard Yard, Building 28A, 2401

Hawkins Point Road, Baltimore, MD

21226–1791.

Because of heightened security

considerations on Federal installations,

we will require photo identification (a

driver’s license, merchant mariner’s

document, or State identification) for

admittance to the Coast Guard Yard.

Please register in advance of the meeting

with Mr. Timothy Farley, Office of

Investigations and Analysis (G–MOA),

Coast Guard, phone 202–267–1414, email Tfarley@comdt.uscg.mil. For

security and organizational purposes,

we want to know your name and

whether you intend to speak at the

meeting. The resulting list will assist

security guards at the gate and provide

the order of speakers at the meeting.

Individuals who do not call in advance

may be required to sign in at the gate.

Vehicles and possessions are subject to

search pursuant to Title 41 of the Code

of Federal Regulations, part 101–20.

To make sure your comments and

related material are not entered more

than once in the docket, please submit

them by only one of the following

means:

(1) By mail to the Docket Management

Facility (USCG 1999–6097), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By delivery to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

notice. Comments and material received

from the public will become part of this

docket and will be available for

inspection or copying at room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

You may also find this docket on the

Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, contact

Mr. Timothy Farley, Office of

Investigations and Analysis (G-MOA),

Coast Guard, telephone 202–267–1414,

e-mail Tfarley@comdt.uscg.mil; or you

Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6351

may contact Lieutenant Michael Dreier,

Office of Standards, Evaluation and

Development (G–MSR), Coast Guard,

telephone 202–267–6490, e-mail

Mdreier@comdt.uscg.mil. For questions

on viewing or submitting material to the

docket, call Dorothy Walker, Chief,

Dockets, Department of Transportation

at 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (USCG 1999–6097),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. You may submit your

comments and material by mail,

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES but please

submit your comments and material by

only one means. If you submit them by

mail or delivery, submit them in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the facility, please enclose a

self-addressed, stamped postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of the

comments.

Information on Services for Individuals

With Disabilities

For information on facilities or

services for individuals with

disabilities, or to request special

assistance at the meeting, contact Mr.

Timothy Farley, phone 202–267–1414,

e-mail Tfarley@comdt.uscg.mil, as soon

as possible.

Background and Purpose

Under 46 U.S.C. 8503(a) the Secretary

of Transportation may require a

Federally-licensed pilot to be aboard a

self-propelled vessel engaged in foreign

trade and operating on the navigable

waters of the United States when State

law does not require a pilot. 46 U.S.C.

8503(b) provides the Coast Guard the

authority to require Federally-licensed

pilots on vessels engaged in foreign

trade. This authority terminates when

the State having jurisdiction establishes

a superseding requirement for a State

pilot and notifies the Coast Guard of

that fact.

Commercial vessels transit the

navigable waters of the State of

Maryland carrying various types of

freight, oil, and hazardous substances

and materials, as well as large quantities

of bunkers. Under Maryland law

[General Statutes of Maryland, § 11–

501], every vessel (foreign or domestic)

sailing under register must use a Statelicensed pilot if it is under the control

of a docking master while maneuvering

with tug assistance during berthing or

unberthing, or shifting within a port.

Maryland does not license, establish

qualifications for, or regulate the

competency of docking masters.

Although all docking masters now

operating in the Port of Baltimore

already hold valid Federal pilots’

licenses (or pilotage endorsements on

Federal licenses), holding these is

voluntary and is as yet neither a State

nor a Federal requirement. Anyone may

serve as a docking master, and, by law,

no one needs to demonstrate proficiency

or competency to do so.

We have determined that it is unsafe

for certain vessels to undertake intraport transits, or otherwise navigate in

the waters of the State of Maryland,

except when under the direction and

control of pilots accountable to the State

or the Coast Guard. Operating these

vessels with docking masters who are

either not licensed (or endorsed) as

Federal or State pilots or not operating

under the authority of pilots’ licenses

presents an unacceptable risk to human

life, property, and the environment.

To ensure accountability, the Coast

Guard proposed changes to its licensing

regulations in a notice of proposed

rulemaking entitled, ‘‘Federal Pilotage

for Foreign-Trade Vessels in Maryland’’

[October 21, 1999 (64 FR 56720)]. These

changes would require persons

providing pilotage to operate under the

authority of either a valid State or a

valid Federal pilot’s license. The

proposed rule would add a new section

to Subpart I of 46 CFR part 15 to require

that a foreign-trade vessel be under the

direction and control of a Federallylicensed pilot when operating in

designated waters of Baltimore Harbor

from the Key Bridge to moor, except

when under the direction and control of

a State-licensed pilot operating under

the authority of his or her State license.

The rule would ensure that vessels are

navigated by competent, qualified

persons, knowledgeable in the local area

and accountable to either the State or

the Coast Guard. It would also promote

navigational safety by increasing the

level of accountability and reducing the

risk of marine casualties in the waters

of Maryland.

Dated: February 2, 2000.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 00–2894 Filed 2–8–00; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[I.D. 012400C]

Western Pacific Fishery Management

Council; Notice of Intent; Public

Scoping Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of intent to prepare an

EIS; notice of intent to prepare

amendments; public scoping sessions;

request for comments.

SUMMARY: The Western Pacific Fishery

Management Council (Council)

announces its intention to prepare an

environmental impact statement (EIS)

on the Federal management of precious

corals in the Western Pacific Region.

The scope of the EIS analysis will

include all activities related to the

conduct of the fisheries and will

examine the impacts of precious coral

harvest on, among other things,

protected species. The Council will hold

public scoping meetings and accept

written comments to provide for public

input into the range of actions,

alternatives, and impacts that the EIS

should consider.

The Council also announces its

intention to develop amendments to the

Fishery Management Plan (FMP) for

Bottomfish and Seamount Groundfish

Fisheries of the Western Pacific Region,

the FMP for Crustacean Fisheries of the

Western Pacific Region, and the FMP for

Precious Coral Fisheries of the Western

Pacific Region. The Council will hold

meetings to give the public an

opportunity to consider management

alternatives and provide comments on

these amendments.

DATES: Written comments on the intent

to prepare an EIS will be accepted on or

before March 15, 2000. Public scoping

meeting will be held between February

16 and March 1, 2000. See

SUPPLEMENTARY INFORMATION for specific

dates, times and locations.

ADDRESSES: Written comments on

suggested alternatives and potential