12746 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Proposed Rules

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000 people.

The small entities identified

(approximately 3 charter fisherman and

1 tug operator) do not represent a

substantial number of entities that

would be affected by this proposed rule.

Most vessels that must pass Franklin

Street bridge are pleasure craft.

According to LaPorte County Highway

Dept., the charter fisherman can pass

Franklin Street in the closed position

once all lowerable appurtenances on

their vessels are adjusted. Otherwise,

the scheduled openings would still

satisfy the reasonable needs for these

few vessels. The 12-hour advance notice

requirement during winter months is a

standard practice on the Great Lakes

and still provides for bridge openings

with advance notice from vessel

operators.

Therefore, the Coast Guard certifies

under 5 U.S.C 605(b) that this proposed

rule will not have a significant

economic impact on a substantial

number of small entities.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this proposed rule would have

a significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this proposed rule would economically

affect it.

Collection of Information

This proposed rule would call for no

new collection of information

requirement under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposed rule under the principles and

criteria contained in Executive Order

13132, and determined that this rule

does not have federalism implications

under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a state, local, or tribal

government or the private sector to

incur direct costs without the federal

government having first provided the

funds to pay those unfunded mandate

costs. This proposed rule will not

impose an unfunded mandate.

Taking of Private Property

This proposed rule will 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 proposed 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

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that, under figure

2–1, paragraph 34(g) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This

proposed rule changes a drawbridge

regulation which has been found not to

have a significant effect on the

environment. A Categorical Exclusion

Determination is not required.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard proposes to

revise 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. Revise § 117.401 to read as follows:

§ 117.401 Trail Creek.

(a) The draw of the Franklin Street

bridge, mile 0.5 at Michigan City, shall

be operated as follows:

(1) From March 16 through November

30, the draw shall open on signal;

except from 6:15 a.m. to 11:15 p.m.,

Monday through Sunday, the draw need

open only from three minutes before to

three minutes after the quarter-hour and

three-quarter hour.

(2) From December 1 through March

15, the draw shall open on signal if at

least 12-hours advance notice is

provided prior to intended time of

passage.

(b) The draw of the Amtrak bridge,

mile 0.9 at Michigan City, shall open on

signal; except, from December 1 through

March 15, the bridge shall open on

signal if at least 12-hours advance notice

is provided prior to intended time of

passage.

(c) Public vessels of the United States,

state or local vessels used for public

safety, vessels in distress, and vessels

seeking shelter from severe weather

shall be passed through the draws of

each bridge as soon as possible.

Dated: February 5, 2001.

James D. Hull,

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

Ninth Coast Guard District.

[FR Doc. 01–4884 Filed 2–27–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51, 60, 63, 70, 123, 142,

145, 162, 233, 257, 258, 271, 281, 403,

501, 745 and 763

[FRL–6949–6]

RIN 2025–AA10

Public Information: Advanced Notice

of Proposed Rulemaking on Electronic

Reporting and Recordkeeping and

Delayed Effective Date of

Recordkeeping Provisions in the

Electronic Signatures in Global and

National Commerce Act of 2000

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Advance notice of proposed

rulemaking (ANPRM).

SUMMARY: EPA announces its intent to

develop a rule to establish performance

standards to assure accuracy, record

integrity, and accessibility of electronic

reports and records applying generally

to all recordkeeping requirements

contained in Chapter I of Title 40 of the

Code of Federal Regulations. This action

delays until June 1, 2001 the effective

date of certain provisions in the

Electronic Signatures in Global and

National Commerce Act of 2000 that

may affect certain federal environmental

recordkeeping requirements.

DATES: In order to be considered,

comments on this ANPRM must be

received on or before March 30, 2001.

Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Proposed Rules 12747

Please direct all correspondence to the

addresses shown below.

ADDRESSES: Written comments should

be submitted in triplicate to the United

States Environmental Protection

Agency, Enforcement and Compliance

Docket and Information Center (Mail

Code 2201A), Docket Number EC–2000–

007 (Attn: E-SIGN ANPRM), 1200

Pennsylvania Avenue NW, Washington,

DC, 20460. No facsimiles (faxes) will be

accepted.

Comments in an electronic format

should also reference docket number

EC–2000–07, (Attn: E-SIGN ANPRM),

and should be addressed to the

following Internet address:

docket.oeca@epa.gov. Electronic

comments must be submitted as an

ASCII, WordPerfect 5.1/6.1/8 format file

and avoid the use of special characters

or any form of encryption.

FOR FURTHER INFORMATION CONTACT:

David Schwarz (2823), Office of

Environmental Information, U.S.

Environmental Protection Agency, 1200

Pennsylvania Avenue NW, Washington,

DC 20460, (202) 260–2710,

schwarz.david@epa.gov, or Evi Huffer

(2823), Office of Environmental

Information, U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue NW., Washington, DC, 20460,

(202) 260–8791, huffer.evi@epa.gov.

SUPPLEMENTARY INFORMATION: The

Electronic Signatures in Global and

National Commerce Act of 2000, 15

U.S.C. 7001 to 7031 (hereinafter ‘‘ESign’’), enacted on June 30, 2000,

provides that, with respect to any

transaction in or affecting interstate

commerce, no contract, signature, or

record relating to such a transaction

shall be denied legal effect solely

because it is in electronic form.

Similarly, E-Sign provides that such a

document may not be denied legal effect

solely because an electronic signature or

record was used in its formation. Under

E-Sign, terms of existing statutes or

agency rules containing paper-based

requirements that might otherwise deny

effect to electronic signatures and

records in consumer, commercial or

business transactions between two or

more parties are superseded. While ESign does not generally affect reporting

under federal regulations or records of

those reports, E-Sign does potentially

supersede a requirement that a record be

kept on paper if that record is not

retained principally for governmental

purposes, but is maintained primarily

for consumer, commercial or business

purposes. E-Sign does, however,

preserve the authority of federal and

State agencies to set technology-neutral

standards and formats for the retention

of any such electronic records.

Today, EPA announces its intent to

develop rules governing the use of

electronic records to satisfy any

recordkeeping requirements contained

in Chapter I of Title 40 of the Code of

Federal Regulations, including any

recordkeeping requirements potentially

affected by E-Sign. With respect to

record retention requirements imposed

by federal statute, regulation, or other

rule of law, E-Sign takes effect on March

1, 2001 unless a federal regulatory

agency has announced, proposed, or

initiated, but not completed, rulemaking

to establish performance standards to

assure accuracy, record integrity, and

accessibility of electronic reports and

records. If a federal agency announces,

proposes, or initiates such a rulemaking

on or before March 1, 2001, the effective

date of E-Sign is delayed until June 1,

2001, with respect to such records.

Today’s ANPRM announces EPA’s

intent to develop a rule applying

generally to all recordkeeping

requirements contained in Chapter I of

Title 40 of the Code of Federal

Regulations and, accordingly, to the

extent E-Sign affects any such

requirement, E-Sign will take effect on

June 1, 2001, instead of March 1, 2001.

In order to satisfy the mandates of the

Government Paperwork Elimination Act

(GPEA) of 1998, public law 105–277,

http://ec.fed.gove/gpedoc.htm, EPA is

currently developing the Cross-Media

Electronic Reporting and Recordkeeping

Rule (CROMERRR). This rule would

govern the use of electronic records and

recordkeeping to satisfy any reporting or

recordkeeping requirement contained in

Chapter I of Title 40 of the Code of

Federal Regulations. EPA may also

choose to develop a rule in addition to

CROMERRR that would apply to the

subset of those recordkeeping

requirements that are affected by E-Sign.

Such a rule would establish interim

performance standards to assure

accuracy, record integrity, and

accessibility of this smaller universe of

electronic records until EPA is able to

finalize the CROMERR rule of general

applicability. EPA solicits comment on

whether it should develop such an

interim rule. EPA also solicits comment

on what class or classes of records

should be subject to any such interim

rule.

Dated: February 23, 2001.

Christine Todd Whitman,

Administrator.

[FR Doc. 01–4972 Filed 2–27–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

42 CFR Part 36

Cancellation of the Meeting of the

Negotiated Rulemaking Committee on

Joint Tribal and Federal SelfGovernance

AGENCY: Indian Health Service, HHS.

ACTION: Notice of Meeting Cancellation.

SUMMARY: On February 13, 2001, the

Indian Health Service published a

notice in the Federal Register

announcing two meetings of the

Negotiated Rulemaking Committee on

Joint Tribal and Federal Self

Governance (66 FR 10182, February 13,

2001). The first meeting, scheduled for

February 27–28 in Washington, DC, is

cancelled. The second meeting,

scheduled for March 15–16 in San

Diego, CA, will be held as planned at

the Clarion Hotel Bay View, 660 K

Street, San Diego, CA 92101, from 8:00

a.m.–5:00 p.m. each day.

FOR FURTHER INFORMATION CONTACT:

Paula Williams, Director, Office of

Tribal Self-Governance, Indian Health

Service, 5600 Fishers Lane, Room 5A–

55, Rockville, MD 20857, Telephone

301–443–7821. (This is not a toll-free

number.)

Dated: February 22, 2001.

Michael H. Trujillo,

Assistant Surgeon General, Director.

[FR Doc. 01–4967 Filed 2–26–01; 12:37 pm]

BILLING CODE 4160–16–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–390, MM Docket No. 01–46, RM–

10046]

Digital Television Broadcast Service;

Temple, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by

Channel 6, Inc., licensee of station

KCEN–TV, NTSC channel 6, Temple,

Texas, requesting the substitution of

DTV channel 9 for station KCEN–TV’s

assigned DTV channel 50. DTV Channel

9 can be allotted to Temple, Texas, in

compliance with the principle

community coverage requirements of

Section 73.625(a) at reference

coordinates (31–16–24 N. and 97–13–14

W.). As requested, we propose to allot