11130 Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Proposed Rules

Taking of Private Property

This proposed rule would not effect a

taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

Civil Justice Reform

This proposed rule meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

We have analyzed this proposed rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This proposal will change an existing

special drawbridge operating regulation

promulgated by a Coast Guard Bridge

Administration Program action. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend part 117 of title 33, Code of

Federal Regulations, as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In § 117.458, paragraphs (a) and (b)

are redesignated as paragraphs (b) and

(c) and a new paragraph (a) is added to

read as follows:

§ 117.458 Inner Harbor Navigation Canal,

New Orleans.

(a) The draws of the SR 46 (St. Claude

Avenue) bridge, mile 0.5 (GIWW mile

6.2E), the SR 39 (Judge Seeber/Claiborne

Avenue) bridge, mile 0.9 (GIWW mile

6.7E), and the Florida Avenue bridge,

mile 1.7 (GIWW mile 7.5E), shall open

on signal; except that, from 6:45 a.m. to

8:30 a.m. and from 4:45 p.m. to 6:45

p.m. , Monday through Friday, except

federal holidays, the draws need not

open for the passage of vessels. The

draws shall open at any time for a vessel

in distress.

* * * * *

Dated: February 12, 2001.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 01–4331 Filed 2–21–01; 8:45 am]

BILLING CODE 4910–15–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–336; MM Docket No. 01–36, RM–

10047]

Radio Broadcasting Services;

Jamestown, Alfred, Canaseraga, NY;

and DuBois, PA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Vox

Allegany, LLC, requesting the

substitution of Channel 270B1 for

Channel 270A at Jamestown, New York,

and the modification of Station

WHUG(FM)’s license accordingly. To

accommodate the upgrade, petitioner

also proposes the substitution of

Channel 246A for Channel 270A at

Alfred, New York, and the modification

of Station WZKZ(FM)’s license

accordingly; the substitution of Channel

270A for vacant Channel 246A at

Canaseraga, New York; and the

modification of the reference

coordinates of Station WMOU–FM,

Channel 271B, Du Bois, Pennsylvania.

Channel 270B1 can be substituted at

Jamestown in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 7.9 kilometers (4.9 miles)

south at petitioner’s requested site. The

coordinates for Channel 270B1

Jamestown are 42–12–40 North Latitude

and 79–22–40 West Longitude. See

Supplementary Information, supra.

DATES: Comments must be filed on or

before April 2, 2001, reply comments on

or before April 17, 2001.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: David G. O’Neil, Esq., 1350

Connecticut Ave., NW., Suite 900,

Washington, DC 20036–1701 (Counsel

for Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making and Order to

Show Cause, MM Docket No. 01–36,

adopted January 31, 2001, and released

February 9, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center (Room CY–A257),

445 12th Street, SW., Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

Additionally, Channel 246A can be

substituted at Alfred with a site

restriction of 7.9 kilometers (4.9 miles)

south at Station WZKZ(FM)’s presently

authorized site; Channel 270A can be

substituted at Canaseraga with a site

restriction of 8.8 kilometers (5.5 miles)

east at petitioner’s requested site; and

the reference coordinates for Channel

271B at Du Bois can be modified with

a site restriction of 20.3 kilometers (12.6

miles) east at petitioner’s requested site.

The coordinates for Channel 246A at

Alfred are 42–11–25 North Latitude and

77–49–17 West Longitude; the

coordinates for Channel 270A at

Canaseraga are 42–26–21 North Latitude

and 77–40–29 West Longitude; and the

coordinates for Channel 271B at Du Bois

are 42–11–25 North Latitude and 77–

49–17 West Longitude. The allotment of

Channel 270B1 at Jamestown will result

in a short-spacing to Station CFNY–FM,

Channel 271C1, Brampton, Ontario.

Therefore, since Jamestown, Alfred,

Canaseraga, and Du Bois are located

within 320 kilometers (200 miles) of the

U.S.-Canadian border, concurrence of

the Canadian government has been

requested, with the allotment at

Jamestown being sought as a specially

negotiated, short-spaced allotment. In

accordance with Section 1.420(g) of the

Commission’s Rules, we will not accept

competing expressions of interest for the

use of Channel 270B1 at Jamestown, or

require petitioner to demonstrate the

availability of an additional equivalent

class channel for use by such parties.

Federal Register / Vol. 66, No. 36 / Thursday, February 22, 2001 / Proposed Rules 11131

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under New York, is

amended by removing Channel 270A

and adding Channel 246A at Alfred;

removing Channel 246A and adding

Channel 270A at Canaseraga; removing

Channel 270A and adding Channel

270B1 at Jamestown.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–4322 Filed 2–21–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH70

Endangered and Threatened Wildlife

and Plants; Determinations of

Prudency and Proposed Designations

of Critical Habitat for Plant Species

From the Islands of Maui and

Kahoolawe, Hawaii

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; reopening of

comment period, and public hearing

announcement.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice of a public

hearing on the prudency determinations

for 38 plants, and the proposed critical

habitat designations for 50 plants from

the islands of Maui and Kahoolawe,

Hawaii. In addition, the comment

period which originally closed on

February 16, 2001, will be reopened.

The new comment period and hearing

will allow all interested parties to

submit oral or written comments on the

proposal. We are seeking comments or

suggestions from the public, other

concerned agencies, the scientific

community, industry, or any other

interested parties concerning the

proposed rule. Comments already

submitted on the proposed rule need

not be resubmitted as they will be fully

considered in the final determination.

DATES: The comment period for this

proposal now closes on April 2, 2001.

Any comments received by the closing

date will be considered in the final

decision on this proposal. The public

hearing will be held from 1:00 p.m. to

3:00 p.m. and 6:00 p.m. to 8:00 p.m. on

March 20, 2001, on the island of Maui,

Hawaii. Prior to the public hearing, the

Service will be available from 12:30 to

1:00 p.m. and from 5:30 p.m. to 6:00

p.m. to provide information and to

answer questions. The Service will also

be available for questions after each

hearing session.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, Pacific Islands

Ecoregion Office, 300 Ala Moana

Boulevard, Room 3–122, P.O. Box

50088, Honolulu, Hawaii 96850.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

The public hearing will be held at the

Renaissance Wailea Beach Resort,

Wailea Ballroom, 3550 Wailea Alanui

Drive, Wailea, Hawaii.

FOR FURTHER INFORMATION CONTACT: Paul

Henson, at the above address, phone

808–541–3441, facsimile 808–541–3470.

SUPPLEMENTARY INFORMATION:

Background

On December 18, 2000, the Service

published notice of prudency

determinations for 38 plant species and

proposed designations of critical habitat

for 50 plant species from the islands of

Maui and Kahoolawe, Hawaii, pursuant

to the Endangered Species Act of 1973,

as amended (Act) in the Federal

Register (65 FR 79192). The original

comment period closed on February 16,

2001. The comment period now closes

on April 2, 2001. Written comments

should be submitted to the Service (see

ADDRESSES section).

A total of 69 species historically

found on Maui and Kahoolawe were

listed as endangered or threatened

species under the Act between 1991 and

1999. Some of these species may also

occur on other Hawaiian islands. At the

time each plant was listed, with the

exception of six species, we determined

that designation of critical habitat was

not prudent because designation would

increase the degree of threat to the

species and/or would not benefit the

species. We determined that designation

of critical habitat was prudent for

Clermontia samuelii, Cyanea copelandii

ssp. haleakalaensis, Cyanea glabra,

Cyanea hamatiflora ssp. hamatiflora,

Dubautia plantaginea ssp. humilis, and

Kanaloa kahoolawensis at the time of

their listing in 1999.

Due to litigation, we reconsidered our

previous prudency determinations for

63 plants. From this review, we are

proposing that critical habitat is prudent

for 37 of these species because the

potential benefits of designating critical

habitat essential for the conservation of

these species outweigh the risks of

designation. We are proposing that the

designation of critical habitat is not

prudent for one species, Acaena exigua,

because such designation would be of

no benefit to this species, which may be

extinct and for which no genetic

material is currently known. In another

proposed rule we determined that

critical habitat was prudent for 11

species that occur on Maui and/or

Kahoolawe as well as on Kauai (65 FR

66808). The remaining 14 species

historically found on Maui and/or

Kahoolawe, no longer occur on these

islands. However, these species do

occur on other islands, so proposed

prudency determinations will be made

in future rules addressing plants on

those islands.

This proposed rule also proposes

designation of critical habitat for 50

plant species. Fifty-two critical habitat

units, covering 13,574 hectares (33,614

acres) on Maui and 4 units covering 207

hectares (512 acres) on Kahoolawe are

proposed for designation.

Section 4(b)(5)(E) of the Act (16 U.S.C.

1531 et seq.), requires that a public

hearing be held if it is requested within

45 days of the publication of a proposed

rule. In response to a request from a

government agency of the State of

Hawaii, the Service will hold a public

hearing on the date and at the address

described in the DATES and ADDRESSES

sections above.

Anyone wishing to make an oral

statement for the record is encouraged