14408 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

section, for liver, heart, lung, heart-lung

and combined liver-kidney when,

(i) The hospitals are under common

control or have a formal affiliation

arrangement with each other under the

auspices of an organization such as a

university or a legally-constituted

medical research institute;

(ii) The hospitals share resources by

using the same personnel or services in

their transplant programs. The

individual physician members of the

transplant team practice in all of the

hospitals;

(iii) The same organ procurement

organization, immunology, and tissue

typing services are used by all the

hospitals; and

(iv) The hospital submits its

individual and combined experience

and survival data to the CHAMPUS

authorizing authority, and

(v) If one of the hospitals is a pediatric

transplant program, in addition to the

requirements previously listed the

following apply;

(A) Although pediatric surgeons and

pathologists are not required to practice

in the adult hospital and vice versa, it

can be documented that they otherwise

function as members of the transplant

team.

(B) The facility must have other solid

organ transplant program(s) that meet

CHAMPUS criteria for certification

based on actuarial survival rates and

experience.

(C) The surgeon responsible for the

transplant is commonly involved in the

type of surgery (i.e., related to

hepatology, cardiology and pulmonary

medicine) with children of the age and

size in whom the transplant is being

performed, and

(D) If the program involves heart

transplant, the facility must have an

active pediatric cardiovascular medical

and surgical program with a minimum

of 150 cardiac catheterizations

performed per year on patients in the

pediatric range. A surgical case load of

200 operations per year should be

performed in combined adult and

pediatric programs: Of these, at least

100 operation per year (three of four

should use extracorporeal circulation)

should be on pediatric patients. In

programs serving only a pediatric

population, at least 100 cardiac surgical

procedures (three of four should use

extracorporeal circulation) should be

performed per year.

* * * * *

4. Section 199.7 is proposed to be

amended by revising paragraph (f)(1)(ii)

to read as follows:

§ 199.7 Claims submission, review, and

payment.

* * * * *

(f) * * *

(1) * * *

(ii) Time limit on preauthorization.

Approved preauthorizations are valid

for specific periods of time, appropriate

for the circumstances presented and

specified at the time the

preauthorization is approved. In

general, preauthorizations are valid for

30 days. If the preauthorized service or

supplies are not obtained or commenced

within the specified time limit, a new

preauthorization is required before

benefits may be extended. Special rules

apply for organ, stem cell

transplantation, and air ambulance (in

conjunction with lung or heart-lung

transplantation preauthorizations) (refer

to § 199.4(e)(5)(ii)).

* * * * *

5. Section 199.15 is proposed to be

amended by revising paragraph

(b)(4)(ii)(C) to read as follows:

§ 199.15 Quality and utilization review peer

review organization program.

* * * * *

(b) * * *

(4) * * *

(ii) * * *

(C) An approved preauthorization

shall state the number of days,

appropriate for the type of care

involved, for which it is valid. In

general, preauthorizations will be valid

for 30 days. If the services or supplies

are not obtained within the number of

days specified, a new preauthorization

request is required. Special rules apply

for organ, stem cell transplantation, and

air ambulance (in conjunction with lung

or heart-lung transplantation

preauthorizations (refer to

§ 199.4(e)(5)(ii)).

* * * * *

Dated: March 13, 1995.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–6561 Filed 3–16–95; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18

RIN 1018–AD21

Marine Mammals; Incidental Take

During Specified Activities

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service) hereby proposes to extend for

an additional 42 months through

December 15, 1998, the effectiveness of

the final regulations that authorize and

govern the incidental, unintentional

take of small numbers of polar bear and

walrus during year-round oil and gas

industry operations (exploration,

development, and production) in the

Beaufort Sea and adjacent northern

coast of Alaska.

DATES: Comments on this proposed rule

must be received by May 16, 1995.

ADDRESSES: Written comments should

be submitted by mail to Supervisor,

Office of Marine Mammals

Management, Fish and Wildlife Service,

1011 E. Tudor Road, Anchorage, AK

99503. Comments may also be hand

delivered to the same address during

normal working hours of 8 a.m. to 4:30

p.m., Monday through Friday, or sent by

FAX to 907/786–3816. Comments and

materials received in response to this

proposed action will be available for

public inspection at this address during

the normal working hours identified

above.

FOR FURTHER INFORMATION CONTACT:

Dave McGillivary, Supervisor, Office of

Marine Mammals Management, Fish

and Wildlife Service, 1011 E. Tudor

Road, Anchorage, AK 99503, 907/786–

3800, or Jeff Horwath, in the Service’s

Division of Fish and Wildlife

Management Assistance, Arlington,

Virginia, at 703/358–1718.

SUPPLEMENTARY INFORMATION: Under

provisions of section 101(a)(5)(A) of the

Marine Mammal Protection Act of 1972,

as amended (MMPA), the taking of

small numbers of marine mammals may

be allowed incidental to specified

activities other than commercial fishing

if the Director of the Service finds,

based on the best available scientific

evidence available, that the cumulative

total of such taking over a 5-year period

will have a negligible effect on these

species and will not have an

unmitigable adverse impact on the

availability of these species for

subsistence uses by Alaskan Natives. If

these findings are made, the Service is

required to establish specific regulations

for the activity that set forth:

Permissible methods of taking; means of

effecting the least practicable adverse

impact on the species and their habitat

and on the availability of the species for

subsistence uses; and requirements for

monitoring and reporting.

On December 17, 1991, BP

Exploration (Alaska), Inc., for itself and

on behalf of 14 other energy related

entities (hereafter collectively referred

to as ‘‘Industry’’) petitioned the Service
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules 14409

to promulgate regulations pursuant to

section 101(a)(5) of the MMPA. A

proposed rule was published by the

Service on December 30, 1992 (57 FR

62283), with a 75-day comment period

that expired on March 15, 1993.

The proposed rule announced that the

Service has prepared a draft

Environmental Assessment in

conjunction with the rulemaking action;

and that when a final decision was

made on the Industry applications for

incidental take authority, the Service

would decide whether this was a major

Federal action significantly affecting the

quality of the human environment

within the meaning of section 102(2)(C)

of the National Environmental Policy

Act of 1969 (NEPA). Subsequent to the

close of the proposed rule’s comment

period, the Service concluded in a

Finding of No Significant Impact

(FONSI) that this was not a major

Federal action under the NEPA and

preparation of an Environmental Impact

Statement was not required.

Subsequently, on November 16, 1993,

the Service published in the Federal

Register final regulations effective

December 16, 1993, to authorize and

govern the incidental, unintentional

take of small numbers of polar bears and

walrus during Industry operations

(exploration, development, and

production) year-round in the Beaufort

Sea and adjacent coast of Alaska. The

Service concluded in that final rule,

based on the best scientific evidence

available, that the cumulative total of

such taking by Industry over a 5-year

period would have a negligible effect on

these species and would not have an

unmitigable adverse impact on the

availability of these species for

subsistence uses by Alaskan Natives.

However, although the MMPA

authorizes regulations to be issued for

periods of up to five years, the Service’s

final regulations are initially effective

only for an 18-month period through

June 16, 1995, as a result of additional

provisions in the final regulations. The

provisions stipulate that extension of

the final regulations for an additional 42

months for the full 5-year term

authorized by the MMPA (through

December 15, 1998) is contingent upon

the following: (1) Within a period of 18

months from the effective date of this

rulemaking, the Service must develop

and begin implementing a Polar Bear

Habitat Conservation Strategy (Strategy),

pursuant to the management planning

process in Section 115 of the MMPA,

and in furtherance of the goals of Article

II of the 1973 international Agreement

on the Conservation of Polar Bears (1973

Agreement); (2) the identification and

designation of special considerations or

closures of any polar bear habitat

components to be further protected; (3)

public notice and comment on those

considerations or closures; (4)

affirmative findings of the Secretary of

the Interior; and (5) public notice and

comment on the Secretary’s intention to

extend the term of the incidental take

regulations for a period not to exceed a

total of 5 years.

The final rule explained the

additional requirement to develop a

Strategy as follows:

In addition to its responsibilities under the

[MMPA], the Department of the Interior has

further responsibilities under the 1973

multilateral Polar Bear Agreement.

Specifically, Article II of this Agreement

requires that:

Each Contracting Party shall take

appropriate action to protect the ecosystems

of which polar bears are a part, with special

attention to habitat components such as

denning and feeding sites and migration

patterns * * *

In comport with, and to meet more fully

the intent of the Agreement, under this final

rulemaking, within 18 months of its effective

date, the Service has been directed by the

Secretary of the Interior to develop and begin

implementing a strategy for the identification

and protection of important polar bear

habitats. Development of such strategy will

be done as part of the Service’s management

plan process pursuant to Section 115 of the

(MMPA), and in cooperation with signatories

to the Polar Bear Agreement, the Department

of State, the State of Alaska, Alaskan Natives,

Industry, conservation organizations, and

academia.

As required by the final Beaufort Sea

incidental take regulations, the Service

has developed a draft Strategy,

published public notice of its

availability in the Federal Register (60

FR 10868), and is seeking review and

comment on it. It was developed with

the involvement and input of Alaska

Natives, Industry, the National

Biological Service, State of Alaska,

conservation organizations, academia,

and others, and it includes Native

traditional knowledge on polar bear

behavior and habitat use.

The draft Strategy identifies and

designates important polar bear feeding

and denning areas and proposes

measures for enhanced consideration of

these areas from oil and gas exploration,

development, and production. It also

proposes additional measures for polar

bear habitat protection in furtherance of

the goals of the 1973 multilateral Polar

Bear Agreement. These measures consist

of a proposed Native Village

Communication Plan, creation and

support of a Polar Bear Advisory

Council, and development of

International Conservation Initiatives.

The draft Strategy also identifies

research needs related to habitat use and

relative importance of habitat types, and

effects of contaminants and industrial

activities on polar bears.

For the reasons set out in this notice

and in the final Beaufort Sea rule

published on November 16, 1993, the

Service hereby proposes to extend the

effectiveness of the regulations in 50

CFR part 18, subpart J (Taking of Marine

Mammals Incidental to Oil and Gas

Exploration, Development, and

Production Activities in the Beaufort

Sea and Adjacent Northern Coast of

Alaska) for the full 5-year term

authorized by the MMPA. Thus the

regulations currently in effect from

December 16, 1993, through June 16,

1995, would not expire but rather would

be extended through December 15,

1998. This proposal to extend the final

Beaufort Sea regulations is made on the

basis that the Service’s draft Strategy, if

adopted, is in keeping with the

stipulations in those final regulations. If

the provisions of the draft Strategy are

adopted, and its implementation is

initiated, the Service will have met the

requirements of the Beaufort Sea

regulations; a final rule would be issued

subsequent to the close of the comment

period associated with the draft

Strategy, and this proposed rule’s public

comment period.

Required Determinations

During the rulemaking process to

develop Beaufort Sea regulations, the

Service prepared an Environmental

Assessment with FONSI on Industry’s

proposed actions. The rule was also

reviewed under Executive Order 12866.

Under the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., it was also

determined the rule would not have a

significant economic effect on a

substantial number of small entities.

Furthermore, the final rule was not

expected to have a potential takings

implication under Executive Order

12630 because it authorized incidental,

but not intentional, take of polar bear

and walrus by Industry and thereby

exempts them from civil and criminal

liability. The rule also did not contain

policies with federalism implications

sufficient to warrant preparation of a

Federalism Assessment under Executive

Order 12612. The above identified

required determinations associated with

the Service’s original rulemaking

process associated with the Beaufort Sea

are still valid for this proposed rule.

The collections of information

associated with this proposed rule have

been approved by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.
14410 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

3501 et seq.) and assigned clearance

number 1018–0070.

List of Subjects in 50 CFR part 18

Administrative practice and

procedure, Imports, Indians, Marine

mammals, Transportation.

For the reasons set forth in the

preamble, part 18, subchapter B of

Chapter I, Title 50 of the Code of

Federal Regulations is proposed to be

amended as set forth below:

PART 18—MARINE MAMMALS

1. The authority citation for 50 CFR

part 18 continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Section 18.122 of Subpart J is

proposed to be revised to read as

follows:

§ 18.122 Effective dates.

Regulations in this subpart, originally

effective for an 18-month period from

December 16, 1993, through June 16,

1995, will continue in effect for an

additional 42 month period through

December 15, 1998, for oil and gas

exploration, development, and

production activities.

Dated: March 10, 1995.

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–6593 Filed 3–16–95; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 222

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12 Month Finding for a

Petition to List the Anadromous

Atlantic Salmon (Salmo Salar)

Populations in the United States as

Endangered or Threatened

AGENCIES: National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration,

Commerce; and Fish and Wildlife

Service, Interior.

ACTION: Notice of petition finding.

SUMMARY: The National Marine

Fisheries Service (NMFS) and the U.S.

Fish and Wildlife Service (FWS),

collectively the Services, announce a

12-month finding on a petition to list

the Atlantic salmon (Salmo salar)

throughout its range in the United States

as an endangered species pursuant to

the Endangered Species Act of 1973

(Act). A Biological Review Team

(Team), comprising staff from both

NMFS and FWS, have compiled and

analyzed available data, and prepared a

‘‘Status Review for Anadromous

Atlantic Salmon in the United States.’’

The Services have determined that

available biological evidence indicates

that the species described in the petition

does not meet the definition of

‘‘species’’ under the Endangered Species

Act. Consequently, the Services

conclude that the petitioned action to

list Atlantic salmon throughout its

historic United States range is not

warranted.

DATES: The finding made in this

document was made on March 10, 1995.

ADDRESSES: Comments or questions

concerning this petition finding should

be sent to the Chief, Division of

Endangered Species, FWS, 300 Westgate

Center Drive, Hadley, Massachusetts

01035, or the Chief, Habitat and

Protected Resources Division, NMFS, 1

Blackburn Drive, Gloucester,

Massachusetts 01930. The petition

finding and supporting data are

available for public inspection by

appointment during normal business

hours at the above addresses and at

FWS, 1033 South Main Street, Old

Town, Maine 04468 (207–827–5938).

FOR FURTHER INFORMATION CONTACT: Paul

Nickerson, Chief, Division of

Endangered Species, at the Hadley,

Massachusetts address (413–253–8615)

or Mary Colligan, Marine Habitat

Specialist, at the Gloucester,

Massachusetts address (508–281–9116).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Act requires

that for any petition to revise the List of

Endangered and Threatened Wildlife

and Plants that contains substantial

scientific and commercial information

indicating that the petitioned action

may be warranted, the FWS or the

NMFS, as appropriate, must undertake a

review of the species in question and

make a finding within 12 months of the

receipt of the petition on whether the

petitioned action is (a) not warranted,

(b) warranted, or (c) warranted but

precluded from immediate proposal by

other pending proposals of higher

priority. Section 4(b)(3)(C) requires that

petitions for which the requested action

is found to be ‘‘warranted but

precluded’’ should be treated as though

resubmitted on the date of such finding,

i.e., requiring a subsequent finding to be

made within 12 months.

In October and November, 1993, the

Services received a petition from

RESTORE: the North Woods,

Biodiversity Legal Foundation and

Jeffrey Elliot to list naturally spawning

anadromous Atlantic salmon (Salmo

salar) throughout its known historic

range in the conterminous United

States, and to designate critical habitat.

The petitioners presented current and

historical information on Atlantic

salmon populations, identified possible

threats including commercial and sport

fishing, pollution, barriers, land use

practices, genetic disruption and others,

and cited numerous scientific articles to

support the petition.

The Services published a notice of

finding on January 20, 1994 (59 FR

3067–3068), stating that the petition

presented substantial information

indicating that the requested action may

be warranted. The Services also

announced their intention to conduct a

status review and solicited information

from interested parties. To formalize the

cooperative approach between NMFS

and FWS in response to this petition, a

Memorandum of Agreement was signed

on March 14, 1994, by the regional

directors of the respective agencies. A

Biological Review Team (Team),

comprising staff from the Services, has

compiled and analyzed available data.

The Team prepared a report entitled

‘‘Status Review for Anadromous

Atlantic Salmon in the United States,

January 1995’’ which provides detailed

information, discussion and references.

This report is summarized below and is

available upon request (see ADDRESSES).

Life History

Anadromous Atlantic salmon have a

relatively complex life history that

extends from spawning and juvenile

rearing in freshwater rivers to extensive

feeding migration in the high seas. As a

result, Atlantic salmon have several

distinct phases in their life history that

are identified by specific behavioral and

physiological changes. Adult Atlantic

salmon ascend the rivers of New

England beginning in spring, a

migration that peaks in June and

continues into fall. Spawning occurs in

late October through November. Good

spawning habitat has a gravel substrate

and adequate water circulation to keep

eggs well oxygenated. Female

anadromous Atlantic salmon produce

between 1,500 and 1,800 eggs per

kilogram (2.2 pounds) of body weight;

on average each female Maine Atlantic

salmon produces 7,200 eggs. Eggs hatch

in late March or April and the resulting