38142 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules

Team Leader, or Paulette Twine, Chief,

Documentary Services Division, U.S.

Department of Transportation,

telephone 202–366–9329. For

information concerning the notice of

termination, contact Lieutenant

Commander Randy Clark, Office of

Operating and Environmental Standards

(G–MSO), telephone 202–267–0836.

SUPPLEMENTARY INFORMATION:

Commercial Fishing Industry Vessel

Safety Act of 1988

On September 9, 1988, chapter 45

(Uninspected Commercial Fishing

Industry Vessels, sections 4501 through

4508) of title 46 United States Code, was

amended by the Commercial Fishing

Industry Vessel Safety Act of 1988, Pub.

L. 100–424 (the Act). The Act requires

the Secretary of Transportation to

prescribe regulations for safety

equipment and vessel operating

procedures on commercial fishing

industry vessels. The Secretary

delegated this authority to regulate

commercial fishing vessels to the

Commandant of the Coast Guard.

Rulemakings Developed Under the Act

Under the Act, several rulemakings

emerged. On 14 August 1991, a final

rule entitled, ‘‘Commercial Fishing

Industry Vessel Regulations’’ was

published in the Federal Register (56

FR 40364). The regulations are for U.S.

documented or state numbered

uninspected fishing, fish processing,

and fish tender vessels. The provisions

established requirements for navigation;

radio; firefighting and lifesaving

equipment; fuel, ventilation, and

electrical systems; as well as the original

requirements for immersion suits.

On 3 August 1992, the Coast Guard

published an interim final rule in the

Federal Register (57 FR 34188). As a

result of the public comments, the rule

removed the requirements for vessels to

carry immersion suits for each

individual on board both

undocumented commercial fishing

industry vessels operating on coastal

waters that are only seasonably cold and

documented commercial fishing

industry vessels operating inside the

Boundary Line on coastal waters that

are only seasonably cold.

On 20 May 1993, the Coast Guard

published a notice of proposed

rulemaking entitled, ‘‘Immersion Suits

for Documented and Undocumented

Commercial Fishing Industry Vessels

Operating on Coastal Waters that are

Seasonably Warm’’ in the Federal

Register (58 FR 29502). This rulemaking

proposed the reinstatement of the

original requirements published in the

final rule on 3 August 1992. The

proposed action was a result of

consultation between the Coast Guard

and the Commercial Fishing Industry

Vessel Advisory Committee.

Throughout the notice and comment

process for all of the rulemakings,

significant controversy was identified

concerning the provisions affecting

immersion suits and vessel stability.

Because of this controversy, the Coast

Guard recognized that regulatory action

would not occur in a timely fashion.

Consequently, requirements covering

immersion suits and vessels stability

were held in abeyance so that other

provision of the Act could proceed.

On 24 October 1995, the Coast Guard

published a final rule in the Federal

Register (60 FR 54441) to address the

requirements of the Aleutian Trade Act

[Pub. L. 101–595].

On 4 September 1997, the Coast

Guard published a final rule entitled,

‘‘Commercial Fishing Industry Vessel

Regulations’’ in the Federal Register (62

FR 46672). This rule established

requirements for safety equipment and

vessel operating procedures on

commercial fishing industry vessels to

improve their overall safety.

Since that time, other issues

pertaining to commercial fishing vessel

safety have been identified. The Coast

Guard has determined that it can most

effectively develop regulations for

immersion suits, vessel stability, and

other newly identified issues by

initiating a new rulemaking under a

new docket number.

Dated: May 18, 1998.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 98–18819 Filed 7–14–98; 8:45 am]

BILLING CODE 4910–15–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[GC Docket No. 98–73; FCC 98–98]

Permit-But-Disclose Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission proposes to

amend its regulations concerning ex

parte presentations as applied to Joint

Board proceedings and proceedings

before the Commission involving a

recommendation from a Joint Board. In

such proceedings, the Commission

proposes to require disclosure of

presentations by state commissions,

their members, and their staffs to Joint

Boards and the FCC only if the

presentations are of substantial

significance and clearly intended to

affect the ultimate decision. The

intended effect of this proposal is to

facilitate communications by the states

in Joint Board proceedings.

DATES: Comments must be filed on or

before August 14, 1998; reply comments

must be filed on or before August 31,

1998.

ADDRESSES: Federal Communications

Commission, Room 610, 1919 M Street

NW., Washington DC 20554.

FOR FURTHER INFORMATION CONTACT:

David S. Senzel, Office of General

Counsel (202) 418–1720.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking (NPRM), GC

Docket No. 98–73, adopted on June 26,

1998, and released June 30, 1998. The

full text of the NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street NW.,

Washington, DC. The complete text may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, Washington, DC

20036, telephone (202) 857–3800.

Summary of Further Notice of Proposed

Rule Making

1. The provisions of the

Communications Act recognize the

strong public interest in the cooperation

of the FCC and the states in deciding

questions relating to common carriers.

Section 410(c) of the Act, 47 U.S.C.

410(c), requires the establishment of

Federal-State Joint Boards with respect

to any matter concerning jurisdictional

separations of common carrier property,

and, with the exception of adjudications

designated for hearing, allows the

Commission to refer to a Joint Board any

other matter relating to common carrier

communications of joint federal-state

concern. See also 47 U.S.C. 410(a). Joint

Boards are empowered to issue

recommended decisions for review and

action by the Commission. They have

played a key role in deciding crucial

public policy issues regarding common

carriers.

2. Joint Boards are subject to the

Commission’s ex parte rules (47 CFR

1.1200 et seq.), which are intended to

ensure fairness in Commission

proceedings. See generally, Report and

Order in GC Docket No. 95–21, 62 FR

15852 (April 3, 1997), 12 FCC Rcd 7348

(1997), pet. recon. pending. Under these

rules, Joint Board proceedings and
Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules 38143

1 47 CFR 1.1206(b)(1). Written ex parte

presentations are written communications directed

to the merits or outcome of a proceeding that are

not served on all parties to the proceeding. 47 CFR

1.1202(b)(1).

2 47 CFR 1.1206(b)(2). Oral ex parte presentations

are oral communications directed to the merits or

outcome of a proceeding that are made without

giving advance notice to the parties and an

opportunity for them to be present. 47 CFR

1.1202(b)(2).

proceedings before the Commission

involving a recommendation from a

Joint Board are classified as ‘‘permitbut-disclose.’’ 47 CFR 1.1206(a)(8). Ex

parte presentations to decisionmakers

are permissible but must be disclosed

on the record in accordance with the

procedures set forth in the rules. 47 CFR

1.1206(a). Accordingly, all persons,

including the states, must file copies of

written ex parte presentations 1 to Joint

Boards or the Commission for inclusion

in the record and must file memoranda

of new arguments or data contained in

oral ex parte presentations.2

3. The Commission believes that the

public interest served by this joint

federal-state decisionmaking would be

further enhanced by allowing

appropriate persons from individual

states somewhat more freedom to

communicate informally with the Joint

Board and the Commission.

Specifically, as with Congress and the

Executive Branch, the Commission

proposes that presentations from state

commissions, their members, and their

staffs in Joint Board proceedings only be

required to be disclosed if they are of

substantial significance and clearly

intended to affect the ultimate decision.

This will allow the states a greater

opportunity, for example, to discuss

issues informally with the Commission

and state Joint Board members and staff

and thus will lead to a deeper, more

vigorous level of federal-state

cooperation. These states may also elect

to participate in the process by filing

formal comments, but the proceedings

involved are policy-oriented

rulemakings, rather than the kind of

adjudicatory proceedings in which the

significance of party status would be

more pronounced.

4. The Commission therefore invites

the states and other interested persons

to comment on the following question:

should the ex parte rules for Joint Board

proceedings and proceedings before the

Commission involving a

recommendation from a Joint Board be

modified to provide that those

presentations made by states to Joint

Boards or the Commission (or their

respective staffs) must be disclosed only

if they are of substantial significance

and clearly intended to affect the

ultimate decision?

Initial Regulatory Flexibility

Certification

5. Section 603 of the Regulatory

Flexibility Act, as amended, requires a

final regulatory flexibility analysis in a

notice and comment rulemaking

proceeding unless we certify that ‘‘the

rule will not, if promulgated, have a

significant economic impact on a

substantial number of small entities.’’ 5

U.S.C. 605(b). We believe that the rule

we propose today will not have a

significant economic impact on a

substantial number of small entities.

6. As noted above, our purpose in

proposing to modify the ex parte rules

is to facilitate the participation of states

in Joint Board proceedings and

proceedings before the Commission

involving a recommendation from a

Joint Board. The proposed rule does not

impose any additional compliance

burden on persons dealing with the

Commission, including small entities.

The new rule would reduce the

reporting requirements applicable to the

states under the current rules and would

not otherwise affect the rights of persons

participating in Commission

proceedings. There is no reason to

believe that operation of the new rule

would impose any costs on parties to

Commission proceedings.

7. Accordingly, we certify, pursuant

to section 605(b) of the Regulatory

Flexibility Act, as amended by the

Contract with America Advancement

Act of 1996 (CWAAA), Pub. L. 104–121,

110 Stat. 847 (1996), that the rules will

not have a significant economic impact

on a substantial number of small

entities. 5 U.S.C. 605(b). The

Commission shall send a copy of this

Notice of Proposed rulemaking,

including this certification, to the Chief

Counsel for Advocacy of the SBA. 5

U.S.C. 605(b).

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure, Radio, Telecommunications,

Television.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rule Changes

Part 1 of Title 47 of the Code of

Federal Regulations is proposed to be

amended as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 303, and

309(j) unless otherwise noted.

2. Section 1.1206 is amended by

revising paragraph (a)(8) and paragraph

(b)(3) to read as follows:

§ 1.1206 Permit-but-disclose proceedings.

(a) * * *

(8) A proceeding before a Joint Board,

a proceeding before the Commission

involving a recommendation from a

Joint Board or a proceeding before the

Commission involving further actions

that may be required in any such

proceeding;

(b) * * *

(3) Notwithstanding paragraphs (b)(1)

and (b)(2) of this section, in permit-butdisclose proceedings presentations

made by members of Congress or their

staffs or by an agency or branch of the

Federal Government or its staff shall be

treated as ex parte presentations only if

the presentations are of substantial

significance and clearly intended to

affect the ultimate decision. In

proceedings before a Joint Board,

proceedings before the Commission

involving a recommendation from a

Joint Board or proceedings before the

Commission involving further actions

that may be required in any such

proceeding, presentations from a state

commission, one or more of its members

or its staff regarding the proceeding

shall be treated as ex parte presentations

only if the presentations are of

substantial significance and clearly

intended to affect the ultimate decision.

The Commission staff shall prepare a

written summary of such oral

presentations covered by this

subparagraph and place them in the

record in accordance with paragraph

(b)(2) of this section and place such

written presentations covered by this

subparagraph in the record in

accordance with paragraph (b)(1) of this

section.

* * * * *

[FR Doc. 98–18837 Filed 7–14–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

Importation, Exportation, and

Transportation of Wildlife

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of intent.

SUMMARY: This document announces the

U.S. Fish and Wildlife Service’s

(Service) intent to review aspects of the

wildlife importation and exportation