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.

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