67304 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

(b) A party with an attributable

interest in a broadcast radio station

must divest such interest prior to the

commencement of operations of an

LPFM station in which the party also

holds an interest unless such party is a

college or university that can certify that

the existing broadcast radio station is

not student run. This exception applies

only to parties that;

(i) Are accredited educational

institutions, and;

(ii) Own attributable interest in nonstudent run broadcast stations;

(iii) Apply for an authorization for an

LPFM station that will be managed and

operated on a day-to-day basis by

students of the accredited educational

institution; and

(iv) Do not face competing

applications for the LPFM

authorization.

* * * * *

11. Section 73.870 paragraph (c) is

revised to read as follows:

§ 73.870 Processing of LPFM broadcast

station applications.

* * * * *

(c) Applications subject to paragraph

(b) of this section that fail to meet the

§ 73.807 minimum distance separations

with respect to all applications and

facilities in existence as the date of the

pertinent public notice in paragraph (b)

of this section other than to LPFM

station facilities proposed in

applications filed in the same window,

will be dismissed without any

opportunity to amend such

applications.

* * * * *

12. Section 73.872 is revised to read

as follows:

§ 73.872(b)(3) Selection procedure for

mutually exclusive application.

* * * * *

(b)* * *

(3) Local program origination. The

applicant must pledge to originate

locally at least eight hours of

programming per day. For purposes of

this criterion, local origination is the

production of programming, by the

licensee, within ten miles of the

coordinates of the proposed transmitting

antenna.

* * * * *

13. Section 73.877 is revised to read

as follows:

§ 73.877 Station logs for LPFM stations.

The licensee of each LPFM station

must maintain a station log. Each log

entry must include the time and date of

observation and the name of the person

making the entry. The following

information must be entered in the

station log:

(a) Any extinguishment or

malfunction of the antenna structure

obstruction lighting, adjustments,

repairs, or replacement to the lighting

system, or related notification to the

FAA. See §§ 17.48 and 73.49 of this

chapter.

(b) Brief explanation of station

outages due to equipment malfunction,

servicing, or replacement;

(c) Operations not in accordance with

the station license; and

(d) EAS weekly log requirements set

forth in § 11.61(a)(1)(v) of this chapter.

14. In § 73.1660, paragraph (a) is

revised to read as follows:

§ 73.1660 Acceptability of broadcast

transmitters.

(a)(1) An AM, FM, or TV transmitter

shall be verified for compliance with the

requirements of this part following the

procedures described in part 2 of this

chapter.

(a)(2) An LPFM transmitter shall be

certified for compliance with the

requirements of this part following the

procedures described in part 2 of the

this chapter.

* * * * *

PART 74—EXPERIMENTAL RADIO,

AUXILIARY, SPECIAL BROADCAST

AND OTHER PROGRAM

DISTRIBUTIONAL SERVICES

1. The authority citation for part 74

continues to read as follows:

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

336.

2. In § 74.1204, paragraphs (a)

introductory text and (a)(4) are revised

to read as follows:

§ 74.1204 Protection of FM broadcast, FM

Translator and LP100 stations.

(a) An application for an FM

translator station will not be accepted

for filing if the proposed operation

would involve overlap of predicted field

contours with any other authorized

commercial or noncommercial

educational FM broadcast stations, FM

translators, and Class D (secondary)

noncommercial educational FM

stations; or if it would result in new or

increased overlap with an LP100

station, as set forth:

* * * * *

(4) LP100 stations (Protected Contour:

1 mV/m)

Frequency

separation

Interference

contour of

proposed

translator

station

Protected

contour of

LP100 LPFM

station

Cochannel .... 0.1 mV/m (40

dBu).

1 mV/m (60

dBu)

200 kHz ........ 0.5 mV/m (54

dBu).

1 mV/m (60

dBu)

Note to paragraph (a)(4): LP100 stations, to

the purposes of determining overlap

pursuant to this paragraph, LPFM

applications and permits that have not yet

been licensed must be considered as

operating with the maximum permitted

facilities. All LPFM TIS stations must be

protected on the basis of a nondirectional

antenna.

* * * * *

[FR Doc. 00–28613 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

RIN 1018–AF54

Marine Mammals; Incidental Take

During Specified Activities; Correction

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule; correction.

SUMMARY: U.S. Fish and Wildlife Service

regulations to authorize the incidental,

unintentional take of small numbers of

polar bears and Pacific walrus during

year-round oil and gas industry

exploration, development, and

production operations in the Beaufort

Sea and adjacent coast of Alaska expired

on December 15, 1998. Subsequent

regulations that we issued should have

been characterized as ‘‘adding’’ rather

than ‘‘revising’’ these regulations. This

correction makes clear that our intent

was to add the regulations.

DATES: This correction is effective

March 30, 2000, and remains effective

through March 31, 2003.

ADDRESSES: Comments and materials

received in response to our most recent

final rule action, published in the

Federal Register on March 30, 2000, are

available for public inspection during

normal working hours of 8:00 a.m. to

4:30 p.m., Monday through Friday, at

the Office of Marine Mammals

Management, U.S. Fish and Wildlife

Service, 1011 E. Tudor Road,

Anchorage, AK 99503.

FOR FURTHER INFORMATION CONTACT:

Jeffrey L. Horwath, Division of Fish and

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67305

Wildlife Management Assistance and

Habitat Restoration, U.S. Fish and

Wildlife Service, Telephone 703–358–

1718, or on the Internet at

Jeffrey_Horwath@fws.gov.

SUPPLEMENTARY INFORMATION: On

December 15, 1998, our regulations at

50 CFR Part 18, Subpart J expired. These

regulations were effective beginning on

December 16, 1993 (58 FR 60402,

November 16, 1993), and authorized the

incidental, unintentional take of small

numbers of polar bears and Pacific

walrus during year-round oil and gas

industry exploration, development, and

production operations in the Beaufort

Sea and adjacent coast of Alaska. We

subsequently issued final regulations on

January 29, 1999 (64 FR 4328)

‘‘revising’’ these expired regulations.

Later regulations appear on February 3,

2000 (65 FR 5275), and March 30, 2000

(65 FR 16828). Rather than ‘‘revising’’

our regulations, we should have stated

that we were ‘‘adding’’ these regulations

at 50 CFR Part 18. Therefore, this action

corrects this technical error by changing

the amendatory instructions in our

March 30, 2000, final rule to state that

we are ‘‘adding’’ those regulations to 50

CFR Part 18, Subpart J. Letters of

Authorization issued under the

regulations are not affected by this

action.

Accordingly, make the following

correction to FR Doc. 00–7912

published at 65 FR 16828 on March 30,

2000:

PART 18—[CORRECTED]

On page 16842, in column one,

correct amendatory instruction 2. to

read as follows:

2. Add Subpart J to Part 18 to read as

follows:

Dated: November 6, 2000.

Cathleen Short,

Assistant Director, Fisheries and Habitat

Conservation, Fish and Wildlife Service.

[FR Doc. 00–28778 Filed 11–8–00; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 300 and 679

[Docket No. 000616184-0290-02; I.D.

050500A]

RIN 0648-AK74

Fisheries of the Exclusive Economic

Zone Off Alaska; Sitka Pinnacles

Marine Reserve

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations to

implement Amendment 59 to the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP)

and to make changes to the regulations

governing the Individual Fishing Quota

(IFQ) commercial fishery and halibut

sport fishery. This action designates an

unusually productive and fragile 2.5

square nautical mile (nm) area of habitat

as the Sitka Pinnacles Marine Reserve

(Reserve) and closes this area to

groundfish fishing and anchoring by

commercial groundfish vessels, to

halibut fishing and anchoring by IFQ

halibut fishing vessels, to sport fishing

for halibut, and to anchoring by any

vessel if halibut is on board. The intent

of this action is to protect an area

containing important fish habitat from

the effects of fishing and anchoring and

to create a groundfish reserve.

DATES: Effective December 11, 2000.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Initial Regulatory Impact

Review (EA/RIR/IRFA) and the Final

Regulatory Flexibility Analysis (FRFA)

prepared for this action may be obtained

from the Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802-1668,

Attn: Lori Gravel, or by calling the

Alaska Region, NMFS, at 907-586-7228.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this final rule to the

Regional Administrator, Alaska Region,

NMFS, 709 West Ninth Street, Federal

Office Building, Suite 453, Juneau, AK

99801.

FOR FURTHER INFORMATION CONTACT:

Nina Mollett, 907-586-7228; fax 907-

586-7465.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries of the

Gulf of Alaska (GOA) are managed by

NMFS under the FMP. The FMP was

prepared by the North Pacific Fishery

Management Council (Council) under

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

governing the domestic groundfish

fisheries in the exclusive economic zone

of the GOA appear at 50 CFR parts 600

and 679. Regulations governing the IFQ

halibut fisheries in the exclusive

economic zone of the GOA appear at 50

CFR part 679. Regulations governing the

domestic halibut fisheries appear at 50

CFR 300.60 to 300.65, which

supplements the annual fishery

management measures adopted by the

International Pacific Halibut

Commission (IPHC) under the

Convention between the United States

and Canada for the Preservation of the

Halibut Fishery of the Northern Pacific

Ocean and Bering Sea.

Amendment 59 was submitted to

NMFS for review and a notice of

availability of the FMP amendment was

published on May 12, 2000 (65 FR

30559), with comments on the FMP

amendment invited through July 11,

2000. Amendment 59 was approved by

NMFS on August 9, 2000. The proposed

rule to implement Amendment 59 was

published on June 26, 2000 (64 FR

39342). The public comment period

ended on August 10, 2000. One letter of

comments was received on Amendment

59 and its implementing regulations. A

summary of this letter and NMFS’

response is provided in the ‘‘Response

to Comments’’ section.

Background

The Sitka Pinnacles area, in the

Southeast Outside District of the GOA

near Cape Edgecumbe, provides highly

productive habitat for many species at

different stages of their life cycles.

Information collected during manned

submersible surveys of groundfish

habitat by the Alaska Department of

Fish & Game (ADF&G) indicates that the

diversity and density of fish around the

Sitka Pinnacles are much greater than

the typical eastern continental shelf of

the GOA. The pinnacles habitat is

fragile, and the concentration of fishes

in a relatively small, compact space can

lend itself to overfishing of certain

species, particularly lingcod, at

sensitive life stages.

The Sitka Pinnacles (also called the

Cape Edgecumbe Pinnacles) consist of

two large volcanic cones that rise

abruptly off the seafloor. The top of one

is within 70 meters (229.6 feet) of the

sea surface, and the other within 40

meters (131.2 feet). The area from sea

surface to seafloor provides a variety of

rich habitat suitable for different

species. The field of boulders on the

bottom provides a spawning bed for