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
38144 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Proposed Rules

regulations pertaining to domesticated

species, certain captive-bred and

captive-born species. In addition, the

Service intends to review the current

user fee structure. The Service intends

for this review to lead to proposed

changes in the wildlife importation and

exportation regulations that would ease

the burden on importers and exporters

dealing in wildlife that involves no

conservation risk, and allow the Service

to focus its resources on areas of greater

concern. This review will assess

whether proposed changes in the

current method of assessing user fees

are warranted. Any proposed changes in

the regulation of domesticated species

and certain captive bred or captive-born

species, will be addressed in a separate

rule from any possible proposed

changes to the user fee structure.

DATES: Comments and other information

received on or before September 14,

1998, will be considered by the Service

in developing proposed amendments to

50 CFR part 14.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Director, U.S. Fish and Wildlife

Service, P.O. Box 3247, Arlington,

Virginia 22203–3247. Comments and

materials may be hand-delivered to the

U.S. Fish and Wildlife Service, Office of

Law Enforcement, 4401 N. Fairfax

Drive, Room 500, Arlington, Virginia,

between the hours of 8 a.m. and 4 p.m.

Monday through Friday. Comments may

also be submitted via electronic mail (Email) to: r9lelwww@fws.gov.

FOR FURTHER INFORMATION CONTACT:

Kevin R. Adams, Chief, Office of Law

Enforcement, U.S. Fish and Wildlife

Service, (703) 358–1949.

SUPPLEMENTARY INFORMATION:

Background

On June 21, 1996, the Service

published a final rule (61 FR 31868) that

defined ‘‘domesticated species’’ to

include a list of certain species that

would be exempt from the requirements

of 50 CFR part 14, subpart B. The

Service has experienced difficulty

determining which species qualify as

domesticated under the current

definition in 50 CFR 14.4. In addition,

the Service has received continual

requests for additions to the list. The

Service is considering creating a new

definition for ‘‘domesticated species’’

and reviewing the list to determine

whether species should be added or

deleted, or whether the list should be

clarified or eliminated.

The Service is interested in reviewing

its role in the regulation of international

trade of captive-bred and captive-born

wildlife parts and products where it can

be determined that no conservation risk

exists. Many species are regularly bred

or born in captivity for international

trade such as the Ostrich (Struthio

camelus) and American Bison (Bison

bison bison), but are not considered to

be domesticated animals and thus are

subject to all wildlife import and export

regulatory requirements. The Service

intends to review those species that are

routinely bred or born in captivity,

where the commodities in international

trade are primarily produced from

captive-bred or captive-born

populations in order to determine

whether a reduced level of regulatory

control and/or user fees is warranted.

Finally, in the June 21, 1996 (61 FR

31868) final rule amendments to 50 CFR

part 14, the Service also enacted new

user fee requirements. All commercial

importers and exporters of wildlife are

required to be licensed and pay

appropriate user fees for each shipment.

Since the implementation of the new

user fees, the Service has received

numerous complaints from small

businesses about the increased burden

on their operation. Although the Service

does not intend to change the license

requirement for commercial importers

and exporters, the Service is interested

in reviewing the user fees charged for

each shipment. The Service is exploring

different user fee structures including a

tiered system that would assess user

fees based on various factors including

quantity and value. The Service is

interested in receiving comments on the

current user fees including information

documenting specific economic,

paperwork, or other burdens that have

been imposed on small businesses.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish,

Imports, Labeling, Reporting and

recordkeeping requirements,

Transportation, Wildlife.

Dated: June 23, 1998.

Donald J. Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 98–18756 Filed 7–14–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[I.D. 070198A]

Western Pacific Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting; availability of

documents.

SUMMARY: The Western Pacific Fishery

Management Council (Council) will

hold its 97th meeting in Kailua Kona,

Hawaii. The Council will consider,

among other things, action on new

framework measures for the American

Samoa pelagic and NWHI lobster

fisheries. Documents for an American

Samoa pelagics closure and a

Northwestern Hawaiian Islands (NWHI)

lobster fishery harvest limitation

program are available for comment.

DATES: The Council meeting will be

held on July 27–29, 1998. Comments on

the documents describing new

framework measures for the American

Samoa pelagic and NWHI lobster

fisheries should be received in the

Council office no later than July 27,

1998.

ADDRESSES: The Council’s 97th meeting

will be held at the King Kamehameha

Hotel, Kailua Kona, Hawaii; telephone:

808–329–2911. Copies of the meeting

agenda and documents describing new

framework measures for the American

Samoa pelagic and NWHI lobster

fisheries are available from the Western

Pacific Fishery Management Council,

1164 Bishop St., Suite 1400, Honolulu,

HI 96813.

FOR FURTHER INFORMATION CONTACT:

Kitty M. Simonds, Executive Director;

telephone 808–522–8220.

SUPPLEMENTARY INFORMATION:

Times and Dates

The Council’s Standing Committees

will meet on July 27, as follows:

Enforcement from 7:30 a.m. to 9:00 a.m.,

Crustaceans from 8:00 a.m. to 10:00

a.m., VMS from 9:00 a.m. to 10:30 a.m.,

Pelagics and Bottomfish (concurrent)

from 10:30 a.m. to 12:30 p.m.,

Indigenous Fishing Rights and

Ecosystem & Habitat (concurrent) from

1:30 p.m. to 3:00 p.m., and Precious

Corals and Executive/Budget &

Programing (concurrent) from 3:00 p.m.

to 5:00 p.m. The full Council will meet