Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28841

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct, as required by section

3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). The EPA has

complied with Executive Order 12630

(53 FR 8859, March 15, 1988) by

examining the takings implications of

these rule amendments in accordance

with the ‘‘Attorney General’s

Supplemental Guidelines for the

Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This technical

correction does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.). The

EPA’s compliance with these statutes

and Executive Orders for the underlying

rule is discussed in the Petroleum

Refineries NESHAP.

The Congressional Review Act (5

U.S.C. 801 et seq.), as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the Congressional Review

Act if the agency makes a good cause

finding that notice and public procedure

is impracticable, unnecessary, or

contrary to the public interest. This

determination must be supported by a

brief statement (5 U.S.C. 808(2)). As

stated previously, the EPA has made

such a good cause finding, including the

reasons therefor, and established an

effective date of May 25, 2001. The EPA

will submit a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the technical correction

in the Federal Register. This technical

correction is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 9, 2001.

Robert D. Brenner,

Acting Assistant Administrator for Air and

Radiation.

For the reasons stated in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations is

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart CC—[Amended]

2. Section 63.640 is amended by

revising paragraph (b) to read as follows:

§ 63.640 Applicability and designation of

affected source.

* * * * *

(b) * * *

(1) If the predominant use of the

flexible operation unit, as described in

paragraphs (b)(1)(i) and (ii) of this

section, is as a petroleum refining

process unit, as defined in § 63.641,

then the flexible operation unit shall be

subject to the provisions of this subpart.

(i) Except as provided in paragraph

(b)(1)(ii) of this section, the

predominant use of the flexible

operation unit shall be the use

representing the greatest annual

operating time.

(ii) If the flexible operation unit is

used as a petroleum refining process

unit and for another purpose equally

based on operating time, then the

predominant use of the flexible

operation unit shall be the use that

produces the greatest annual production

on a mass basis.

(2) The determination of applicability

of this subpart to petroleum refining

process units that are designed and

operated as flexible operation units

shall be reported as specified in

§ 63.654(h)(6)(i).

* * * * *

[FR Doc. 01–13276 Filed 5–24–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1 and 68

[WT Docket No. 99–217; CC Docket No. 96–

98; CC Docket No. 88–57; FCC 00–366]

Effective Date Established for

Amendments to the Commission’s

Rules on Over-the-Air Reception

Devices and the Definition of the

Telecommunications Network

Demarcation Point

AGENCY: Federal Communications

Commission, Wireless

Telecommunications Bureau.

ACTION: Final rule; announcement of

effective date.

SUMMARY: In this document, the Federal

Communications Commission (‘‘the

Commission’’) announces that

regulations adopted in the Competitive

Networks Order of October 12, 2000

(Competitive Networks Order),

amending the Commission’s rules

governing restrictions on placement of

over-the-air reception (‘‘OTARDs’’)

devices and the definitions of the

telecommunications network

demarcation point have been approved

by the Office of Management and

Budget (OMB).

DATES: The rule changes to § 1.4000

which published on January 11, 2001

(66 FR 2333) and §§ 68.3 and 68.105,

which published on January 24, 2001

(66 FR 7581) are effective May 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Lauren Van Wazer at (202) 418–0030 or

Leon Jackler at (202) 418–0946 of the

Wireless Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: On

October 12, 2000, the Commission

adopted the Competitive Networks

Order in 47 CFR Parts 1, 64 and 68, in

WT Docket No. 99–217; CC Docket No.

96–98; CC Docket No. 88–57; FCC 00–

366 (66 FR 2322) to foster competition

in local communications markets by

implementing measures to ensure that

competing telecommunications

providers are able to provide services to

consumers in multiple tenant

environments. The rule changes to 47

CFR 64.2500; 64.2501; and 64.2502,

which published on January 11, 2001

(66 FR 2322) went into effect on March

12, 2001.

2. However, some of the regulations

adopted in the Competitive Networks

Order included information collections

that required the approval of OMB

pursuant to Public Law 104–13 (1995).

The Competitive Networks Order

explained that effectiveness of the rules

requiring an information collection was

28842 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

contingent upon OMB approval. OMB

granted approval of the rules on May 4,

2001 under OMB control number 3060–

0975. Accordingly, these regulations

will become effective May 25, 2001.

This notice constitutes publication of

the effective date of the regulations.

3. This Public Notice is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 Twelfth Street, SW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800. This document is also

available via the internet at:

http://www.fee.gov/Bureaus/Wireless/

News_Releases/2001/index.html in

da01–1206.doc and da01–

1206.txtformats.

List of Subjects

47 CFR Part 1

Communications common carriers,

Telecommunications, Television.

47 CFR Part 68

Communications common carriers,

Communications equipment,

Telecommunications, Telephone.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 01–13178 Filed 5–24–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[I.D. 040401B; Docket No. 010507114–1114–

01]

RIN 0648–AP20

Sea Turtle Conservation; Restrictions

to Fishing Activities

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is establishing

conditions for the closure of the largemesh gillnet fishery for monkfish in the

mid-Atlantic to prevent unauthorized

takings of sea turtles listed as threatened

or endangered under the Endangered

Species Act (ESA).

DATES: This temporary rule is effective

from May 25, 2001, through June 30,

2001. Comments on this action are

requested, and must be received by no

later than 5 p.m., eastern daylight time,

on June 25, 2001.

ADDRESSES: Written comments on this

action should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Comments may also be sent via

fax to 301–713–0376. Comments will

not be accepted if submitted via e-mail

or the Internet.

FOR FURTHER INFORMATION CONTACT:

David Bernhart (ph. 727–570–5312, fax

727–570–5517, e-mail

David.Bernhart@noaa.gov), Barbara A.

Schroeder (ph. 301–713–1401, fax 301–

713–0376, e-mail

Barbara.Schroeder@noaa.gov), or Mary

Colligan (ph. 978–281–9116, fax 978–

281–9394, e-mail

Mary.A.Colligan@noaa.gov).

SUPPLEMENTARY INFORMATION: NMFS is

establishing conditions for the closure

of the large-mesh gillnet fishery for

monkfish in the mid-Atlantic to prevent

unauthorized takings of sea turtles listed

as threatened or endangered under the

Endangered Species Act (ESA).

Specifically, NMFS placed fishery

observers aboard the vessels fishing for

monkfish in waters off North Carolina

beginning in late March 2001. NMFS

intends to continue to observe 100

percent of the vessels through May 2001

in waters off North Carolina and and off

Virginia in the months of May and June

2001, to monitor for sea turtle

interactions. Documented sea turtle

takes by Federal permit holders beyond

the levels specified in the incidental

take statement of the December 21,

1998, biological opinion for the

monkfish fishery are not authorized. If

the levels specified in the incidental

take statement (ITS) are met, NMFS will

immediately file a notification with the

Office of the Federal Register. As of the

effective date of such notification,

fishing with gillnets with a mesh size of

8 inches (20.32 cm) or greater, stretched,

will be prohibited for a 30-day period in

all offshore Atlantic waters between the

North Carolina/South Carolina border

and the line of latitude lying 60 nautical

miles (nm) north of the position of the

northernmost documented sea turtle

take. The closure will include all vessels

using large mesh gillnets targeting

monkfish. If necessary, the closure may

be extended for additional 30-day

periods through the publication of

additional notifications.

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) turtles are listed as threatened,

except for populations of green turtles

in Florida and on the Pacific coast of

Mexico, which are listed as endangered.

Under the ESA and its implementing

regulations, taking sea turtles--even

incidentally--is prohibited, with

exceptions identified in 50 CFR

223.206. The incidental take of

endangered species may only legally be

authorized by an ITS or an incidental

take permit issued pursuant to section 7

or 10 of the ESA. Existing sea turtle

conservation regulations specify

procedures that NMFS may use to

determine that incidental takings of sea

turtles during fishing activities are

unauthorized and to impose additional

restrictions to conserve listed sea turtles

to prevent unauthorized takings (50 CFR

223.206(d)(4)). Restrictions may be

effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each.

Spring 2000 Sea Turtle Mortality

The Sea Turtle Stranding and Salvage

Network documented a record-setting

level of sea turtle strandings in North

Carolina during the spring of 2000.

There were two stranding events

involving unprecedented numbers of

turtles, along the Outer Banks in Dare

and Hyde counties.

During the first stranding event, a

total of 71 turtles (69 loggerheads and 2

Kemp’s ridleys) washed ashore on the

ocean-facing beaches between Rodanthe

and Ocracoke from April 14 to17, 2000.

There were no externally obvious signs

of death on the turtles. Necropsies on 12

loggerheads and 2 Kemp’s ridleys

revealed that the turtles had excellent

fat stores and were probably in good

health prior to their deaths. A few of the

turtles had been feeding on nearshore,

benthic species, but most had empty

guts, suggesting that they were in a

migratory, rather than foraging, mode.

The uniform state of decomposition of

the turtles indicated that they had likely

all died suddenly within a short period

of time, probably no more than a few

days before stranding on the beach.

Large amounts of sargassum weed blew

ashore, coincident with the turtle

strandings, and considered indicative of

the movement of warm Gulf Stream

waters close to shore.

NMFS began investigating possible

causes of the sea turtle mortality event

immediately. The absence of other