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DFARS rule delegates the authority to (2) The contracting officer may enter include passenger cars only, the effect of DoD contracting officers. into a contract, exercise an option, or the Anti Car Theft Act is that certain This rule was not subject to Office of place an order under a contract for multipurpose passenger vehicle (MPV) Management and Budget review under severable services for a period that and light-duty truck (LDT) lines may be Executive Order 12866, dated begins in one fiscal year and ends in the determined to be high-theft vehicles September 30, 1993. next fiscal year if the period of the subject to the Federal motor vehicle B. Regulatory Flexibility Act contract awarded, option exercised, or theft prevention standard (49 CFR Part order placed does not exceed 1 year (10 541). This final rule does not constitute a U.S.C. 2410a). significant revision within the meaning The purpose of the theft prevention of FAR 1.501 and Public Law 98–577 [FR Doc. 99–13039 Filed 5–24–99; 8:45 am] standard is to reduce the incidence of and publication for public comment is BILLING CODE 5000±04±M motor vehicle theft by facilitating the not required. However, comments from tracing and recovery of parts from stolen small entities concerning the affected vehicles. The standard seeks to facilitate DFARS subparts will be considered in DEPARTMENT OF TRANSPORTATION such tracing by requiring that vehicle accordance with 5 U.S.C. 610. Such identification numbers (VINs), VIN comments should cite DFARS Case 99– National Highway Traffic Safety Administration derivative numbers, or other symbols be D008. placed on major component vehicle C. Paperwork Reduction Act 49 CFR Part 541 parts. The theft prevention standard The Paperwork Reduction Act does [Docket No. NHTSA±99±5416] requires motor vehicle manufacturers to inscribe or affix VINs onto covered not apply because the final rule does not RIN 2127±AH36 impose any information collection original equipment major component requirements that require the approval Federal Motor Vehicle Theft Prevention parts, and to inscribe or affix a symbol of the Office of Management and Budget Standard; Final Listing of Model Year identifying the manufacturer and a under 44 U.S.C. 3501, et seq. 2000 High-Theft Vehicle Lines common symbol identifying the replacement component parts for those List of Subjects in 48 CFR Parts 232 and AGENCY: National Highway Traffic original equipment parts, on all vehicle 237 Safety Administration (NHTSA), lines selected as high-theft. Department of Transportation. Government procurement. The Anti Car Theft Act also amended ACTION: Final rule. Michele P. Peterson, 49 U.S.C. § 33103 to require NHTSA to Executive Editor, Defense Acquisition SUMMARY: This final rule announces promulgate a parts-marking standard Regulations Council. NHTSA’s determination for model year applicable to major parts installed by Therefore, 48 CFR Parts 232 and 237 (MY) 2000 high-theft vehicle lines that manufacturers of ‘‘passenger motor are amended as follows: are subject to the parts-marking vehicles (other than light duty trucks) in 1. The authority citation for 48 CFR requirements of the Federal motor not to exceed one-half of the lines not Parts 232 and 237 continues to read as vehicle theft prevention standard, and designated under 49 U.S.C. § 33104 as follows: high-theft lines that are exempted from high-theft lines.’’ Section 33103(a) Authority: 41 U.S.C. 421 and 48 CFR the parts-marking requirements because further directed NHTSA to select only Chapter 1. the vehicles are equipped with antitheft lines not designated under § 33104 of devices determined to meet certain PART 232ÐCONTRACT FINANCING this title as high theft lines. NHTSA lists statutory criteria for MY 2000, pursuant each of these selected lines in Appendix 2. Section 232.703–3 is added to read to the statute relating to motor vehicle B to Part 541. Since § 33103 did not as follows: theft prevention. specify marking of replacement parts for EFFECTIVE DATE: The amendment made 232.703±3 Contracts crossing fiscal years. below-median lines, the agency does not by this final rule is effective May 25, require marking of replacement parts for (b) The contracting officer may enter 1999. into a contract, exercise an option, or these lines. NHTSA published a final FOR FURTHER INFORMATION CONTACT: Ms. place an order under a contract for rule amending 49 CFR Part 541 to Rosalind Proctor, Motor Vehicle Theft include the definitions of MPV and severable services for a period that Group, Office of Planning and begins in one fiscal year and ends in the LDT, and major component parts. See Consumer Programs, NHTSA, 400 59 F.R. 64164, December 13, 1995. next fiscal year if the period of the Seventh Street, S.W., Washington, D.C. contract awarded, option exercised, or 20590. Ms. Proctor’s telephone number 49 U.S.C. § 33104(a)(3) specifies that order placed does not exceed 1 year (10 is (202) 366–0846. Her fax number is NHTSA shall select high-theft vehicle U.S.C. 2410a). (202) 493–2739. lines, with the agreement of the manufacturer, if possible. Section PART 237ÐSERVICE CONTRACTING SUPPLEMENTARY INFORMATION: The ‘‘Anti Car Theft Act of 1992,’’ P. L. 102–519, 33104(d) provides that once a line has 3. Section 237.106 is revised to read amended the law relating to the parts- been designated as likely high-theft, it as follows: marking of major component parts on remains subject to the theft prevention designated high-theft vehicle lines and standard unless that line is exempted 237.106 Funding and term of service under § 33106. Section 33106 provides contracts. other motor vehicles. The Anti Car Theft that a manufacturer may petition to (1) Personal service contracts for Act amended the definition of have a high-theft line exempted from expert or consultant services shall not ‘‘passenger motor vehicle’’ in 49 U.S.C. exceed 1 year. The nature of the duties § 33101(10) to include a ‘‘multipurpose the requirements of § 33104, if the line must be— passenger vehicle or light duty truck is equipped with an antitheft device as (i) Temporary (not more than 1 year); when that vehicle or truck is rated at not standard equipment. The exemption is or more than 6,000 pounds gross vehicle granted if NHTSA determines that the (ii) Intermittent (not cumulatively weight.’’ Since ‘‘passenger motor antitheft device is likely to be as more than 130 days in 1 year). vehicle’’ was previously defined to effective as compliance with the theft

VerDate 06-MAY-99 15:53 May 24, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.XXX pfrm06 PsN: 25MYR1 Federal Register / Vol. 64, No. 100 / Tuesday, May 25, 1999 / Rules and Regulations 28111 prevention standard in reducing and the Pontiac Grand Am makes its final determination. NHTSA deterring motor vehicle thefts. and the Nissan Altima. Additionally, informs the manufacturer by letter of The agency annually publishes the three petitions for modifications to these determinations and its response to names of the lines which were existing antitheft systems installed in the request for reconsideration. If there previously listed as high-theft, and the lines partially exempted by the agency is no request for reconsideration, the lines which are being listed for the first were granted full exemptions from the agency’s determination becomes final 45 time and will be subject to the theft parts-marking requirements. Beginning days after sending the letter with the prevention standard beginning in a with MY 2000, the three partially preliminary determination. Each of the given model year. It also identifies those exempted lines, the General Motors new lines on the high-theft list has been lines that are exempted from the theft LeSabre, Deville and the subject of a final determination prevention standard for a given model Pontiac Bonneville are exempted from under either 49 U.S.C. § 33103 or year under § 33104. This listing also the parts-marking requirements in full. § 33104. identifies those lines (except light-duty Additionally, subsequent to publishing The vehicle lines listed as being trucks) in Appendix B to Part 541 that the MY 1999 listing of high-theft and exempt from the standard have have theft rates below the 1990/1991 exempted lines, the agency granted the previously been exempted in median theft rate but are subject to the Ford Motor Company an exemption accordance with the procedures of 49 requirements of this standard under from the parts-marking requirements of CFR Part 543 and 49 U.S.C. § 33106. § 33103. the theft prevention standard for its Similarly, the low-theft lines listed as On July 15, 1998, the final listing of Mustang car line beginning with the being subject to the parts-marking high-theft lines for the MY 1999 vehicle 1999 model year. Therefore, the Ford standard have previously been lines was published in the Federal Mustang car line has been added to designated in accordance with the Register (63 FR 38096). The final listing Appendix A–I of this listing. procedures set forth in 49 U.S.C. identified four vehicle lines that were Furthermore, Appendix A–I has been § 33103. listed for the first time and became amended to reflect a nameplate change Therefore, NHTSA finds for good subject to the theft prevention standard for the General Motors Chevrolet cause that notice and opportunity for beginning with the 1999 model year. Lumina/Monte Carlo car line. The comment on these listings are Subsequent to publishing the MY Chevrolet Lumina/Monte Carlo unnecessary. Further, public comment 1999 listing, the agency was also nameplate has been changed to on the listing of selections and informed that six vehicle lines, the Chevrolet Impala/Monte Carlo exemptions is not contemplated by 49 Executive /, beginning with MY 2000. U.S.C. Chapter 331. the Ferrari 308, the Mazda GLC, the Additionally, the agency became For the same reasons, since this Suzuki Samarai, the Toyota Starlet and aware that ten vehicle lines, the Ferrari revised listing only informs the public the Volkswagen Rabbit ceased Testarossa, the Ford Festiva, the General of previous agency actions and does not production prior to becoming subject to Motors’ Chevrolet Celebrity, Chevrolet impose additional obligations on any the theft prevention standard. Therefore, Sprint and Oldsmobile Custom Cruiser, party, NHTSA finds for good cause that these lines have been deleted from the Mazda Navajo, the Nissan Axxess, the amendment made by this notice Appendix A of this listing. the Porsche 944, the Volvo 760 and the should be effective as soon as it is Additionally, prior to this listing, Jaguar Volkswagen Fox ceased production published in the Federal Register. Cars informed the agency that the XJ40 prior to becoming subject to the theft Regulatory Impacts nameplate was used only as a bodystyle prevention standard in MY 1997. codename for the XJ line prior to Therefore, these lines have been deleted 1. Costs and Other Impacts introduction of the vehicle. Jaguar Cars from Appendix B of this listing. The NHTSA has analyzed this rule and also informed the agency that the XJ6 Land Rover Range Rover (MPV) has also determined that it is not ‘‘significant’’ nameplate erroneously listed in been removed from Appendix B because within the meaning of the Department Appendix A should also be deleted it is rated at more than 6,000 pounds of Transportation’s regulatory policies because it represents a six-cylinder gross vehicle weight. and procedures. The agency has also model of the XJ car line and not a new The vehicle lines listed as being considered this notice under Executive vehicle line. Therefore, the Jaguar XJ40 subject to the parts-marking standard Order 12866. As already noted, the and XJ6 vehicle nameplates have been have previously been designated as selections in this final rule have deleted from Appendix A of this listing. high-theft lines in accordance with the previously been made in accordance For MY 2000, the agency identified procedures set forth in 49 CFR Part 542. with the provisions of 49 U.S.C. five new vehicle lines that are likely to Under these procedures, manufacturers § 33104, and the manufacturers of the be high-theft lines, in accordance with evaluate new vehicle lines to conclude selected lines have already been the procedures published in 49 CFR Part whether those new lines are likely to be informed that those lines are subject to 542. The new lines are the Daewoo high theft. The manufacturer submits the requirements of 49 CFR Part 541 for Nubira, the Daewoo Korando (MPV), the these evaluations and conclusions to the MY 2000. Further, this listing does not Honda S2000, the Nissan Xterra (MPV) agency, which makes an independent actually exempt lines from the and the Toyota Echo. In addition to evaluation; and, on a preliminary basis, requirements of 49 CFR Part 541; it only these five vehicle lines, the list of high- determines whether the new line should informs the general public of all such theft vehicle lines includes all lines be subject to the parts-marking previously granted exemptions. Since previously designated as high-theft and requirements. NHTSA informs the the only purpose of this final listing is listed for prior model years. manufacturer in writing of its to inform the public of actions for MY The list of lines that have been evaluations and determinations, 2000 that the agency has already taken, exempted by the agency from the parts- together with the factual information a full regulatory evaluation has not been marking requirements of Part 541 considered by the agency in making prepared. includes high-theft lines newly them. The manufacturer may request the exempted in full beginning with MY agency to reconsider the preliminary 2. Regulatory Flexibility Act 2000. The three vehicle lines newly determinations. Within 60 days of the The agency has also considered the exempted in full are the Ford Taurus, receipt of these requests, the agency effects of this listing under the

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Regulatory Flexibility Act. I hereby APPENDIX A TO PART 541ÐLINES APPENDIX A TO PART 541ÐLINES certify that this rule will not have a SUBJECT TO THE REQUIREMENTS OF SUBJECT TO THE REQUIREMENTS OF significant economic impact on a THIS STANDARD THIS STANDARDÐContinued substantial number of small entities. As noted above, the effect of this final rule Manufacturer Subject lines Manufacturer Subject lines is simply to inform the public of those lines that are already subject to the ALFA ROMEO ...... Milano 161. GENERAL MOTORS . requirements of 49 CFR Part 541 for MY 164. Buick Reatta. 2000. The agency believes that the BMW ...... Z3. . 6 Car Line. Chevrolet Malibu. listing of this information will not have Chevrolet Nova. any economic impact on small entities. CHRYSLER ...... . Chrysler Fifth Ave- Chevrolet Blazer 3. Environmental Impacts nue/Newport. (MPV). Chrysler Laser. Chevrolet Prizm. In accordance with the National Chrysler LeBaron/ Chevrolet Venture 2 Environmental Policy Act of 1969, the Town & Country. (MPV). Chrysler LeBaron Chevrolet S±10 Pick- agency has considered the up. environmental impacts of this rule, and GTS. Chrysler's TC. Geo Storm. determined that it will not have any Chevrolet Tracker significant impact on the quality of the Fifth Avenue. (MPV). human environment. . GMC Jimmy (MPV). Chrysler Town & GMC Safari (MPV). 4. Federalism Country. GMC Sonoma Pick- . up. This action has been analyzed in Dodge Aries. Oldsmobile Achieva accordance with the principles and Dodge Avenger. (MYs 1997±1998).3 criteria contained in Executive Order Dodge Colt. Oldsmobile Bravada. 12612, and it has been determined that . Oldsmobile Cutlass. this final rule does not have sufficient Dodge Diplomat. Oldsmobile Cutlass Federalism implications to warrant the Dodge Lancer. Supreme (MYs 1988±1997).4 preparation of a Federalism Assessment. Dodge Neon. . Oldsmobile Intrigue. 5. Civil Justice Reform . Pontiac Fiero. Dodge Stealth. Pontiac Grand Prix. This final rule does not have a Eagle Summit. Saturn Sports . retroactive effect. In accordance with Eagle Talon. HONDA ...... Accord. § 33118 when the Theft Prevention Jeep Cherokee CRV (MPV). Standard is in effect, a State or political (MPV). Odyssey (MPV). Passport. subdivision of a State may not have a Jeep Grand Cher- okee (MPV). Prelude. different motor vehicle theft prevention Jeep Wrangler S2000.1 standard for a motor vehicle or major (MPV). Acura Integra. replacement part. 49 U.S.C. § 33117 . HYUNDAI ...... Accent. provides that judicial review of this rule Plymouth Colt. Sonata. may be obtained pursuant to 49 U.S.C. Plymouth Laser. Tiburon. § 32909. Section 32909 does not require Plymouth Gran Fury. ISUZU ...... Amigo. submission of a petition for Plymouth Neon. Impulse. reconsideration or other administrative . Rodeo. Plymouth Sundance. Stylus. proceedings before parties may file suit Plymouth Breeze. Trooper/Trooper II. in court. CONSULIER ...... Consulier GTP. VehiCross (MPV).5 List of Subjects in 49 CFR Part 541 DAEWOO ...... Korando (MPV).1 JAGUAR ...... XJ. Nubira.1 KIA MOTORS ...... S±II. Administrative practice and FERRARI ...... Mondial 8. LOTUS ...... Elan. procedure, Labeling, Motor vehicles, 328. MASERATI ...... Biturbo. Reporting and recordkeeping FORD ...... Ford Aspire. Quattroporte 228. requirements. Ford Escort. MAZDA ...... 626. Ford Probe. MX±3. In consideration of the foregoing, 49 Ford Thunderbird. MX±5 Miata. CFR Part 541 is amended as follows: Lincoln Continental. MX±6. Lincoln Mark. MERCEDES-BENZ ... 190 D. PART 541Ð[AMENDED] Lincoln Town Car. 190 E. Mercury Capri. 260E (1987±1989). 1. The authority citation for Part 541 Mercury Cougar. 300 SE (1988±1990). continues to read as follows: Merkur Scorpio. 300 TD (1987). Merkur XR4Ti. 300 SDL (1987). Authority: 49 U.S.C. 33102–33104 and 300 SEL 420 SEL. 33106; delegation of authority at 49 CFR 1.50. (1987±1990). 560 SEL (1987± 2. In Part 541, Appendices A, A–I, A– 1990). II and B are revised. Appendices A, A– 560 SEC (1987± I, A–II and B are revised to read as 1990). follows: 560 SL.

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APPENDIX A TO PART 541ÐLINES APPENDIX A±IÐHIGH-THEFT LINES APPENDIX A±IÐHIGH-THEFT LINES SUBJECT TO THE REQUIREMENTS OF WITH ANTITHEFT DEVICES WHICH WITH ANTITHEFT DEVICES WHICH THIS STANDARDÐContinued ARE EXEMPTED FROM THE PARTS- ARE EXEMPTED FROM THE PARTS- MARKING REQUIREMENTS OF THIS MARKING REQUIREMENTS OF THIS Manufacturer Subject lines STANDARD PURSUANT TO 49 CFR STANDARD PURSUANT TO 49 CFR MITSUBISHI ...... Cordia. PART 543ÐContinued PART 543ÐContinued Eclipse. Mirage. Manufacturer Subject lines Manufacturer Subject lines Montero (MPV). Montero Sport (MPV). BMW ...... 3 Car Line. 129 Car Line (the Tredia. 5 Car Line. models within this 3000GT. 7 Car Line. line are): 300SL. NISSAN ...... 240SX. 8 Car Line. 500SL.5 Pathfinder. CHRYSLER ...... Chrysler Conquest. 600SL.6 Sentra/200SX. Chrysler . 1 SL320. Xterra.1 FORD ...... Mustang. Taurus.2 SL500. PEUGEOT ...... 405. SL600. PORSCHE ...... 924S. GENERAL MOTORS Buick LeSabre. . 202 Car Line (the SUBARU ...... XT. models within this SVX. /Century. . line are): Forester. C220. Legacy. Cadillac Allante. Cadillac Deville. C230. SUZUKI ...... X90. Cadillac Seville. C280. Sidekick (MYs 1997± Chevrolet Cavalier. C36. 1998).6 . C43. Vitara (MPV). Chevrolet Lumina/ MITSUBISHI ...... Galant. TOYOTA ...... Toyota 4-Runner Monte Carlo (MYs Starion. (MPV). 1996±1999).3 Diamante. 2 Toyota Avalon. Oldsmobile Alero. NISSAN ...... Nissan Altima. Toyota Camry. Oldsmobile Aurora. Nissan Maxima. Toyota Celica. . Nissan 300ZX. Toyota Corolla/Co- Pontiac Bonneville. Infiniti I30. rolla Sport. Pontiac Grand Am.2 Infiniti J30. 1 Toyota Echo. Pontiac Sunfire. Infiniti M30. Toyota MR2. HONDA ...... Acura CL. Infiniti QX4. Toyota RAV4 (MPV). Acura Legend (MYs Infiniti Q45. Toyota Sienna PORSCHE ...... 911. 1991±1996).4 (MPV). Acura NSX. 928. Toyota Tercel. Acura RL. 968. Lexus RX300 (MPV). Acura SLX. Boxster. VOLKSWAGEN ...... Audi Quattro. Acura TL. SAAB ...... 900. Volkswagen Scirocco. Acura Vigor (MYs 9000. 1992±1995). TOYOTA ...... Toyota Supra. 1 Lines added for MY 2000. Toyota Cressida. 2 ISUZU ...... Impulse (MYs 1987± Replaced the Chevrolet Lumina Lexus ES. 1991). nameplate beginning with MY 1997. Lexus GS. 3 Renamed the Oldsmobile Alero beginning JAGUAR ...... XK8. Lexus LS. with MY 1999. MAZDA ...... 929. Lexus SC. 4 Renamed the Oldsmobile Intrigue begin- RX±7. VOLKSWAGEN ...... Audi 5000S. ning with MY 1998. Millenia. 5 Line added for MY 1999. Audi 100/A6. MERCEDES-BENZ ... 124 Car Line (the 6 Renamed the Suzuki Vitara beginning with Audi 200/S4/S6. MY 1999 (includes Vitara and Grand Vitara models within this Audi Cabriolet. models). line are): Volkswagen Cabrio. 260E. Volkswagen Corrado. 300D. APPENDIX A±IÐHIGH-THEFT LINES Volkswagen Golf/GTI. 300E. Volkswagen Jetta/ WITH ANTITHEFT DEVICES WHICH 300CE. Jetta III. ARE EXEMPTED FROM THE PARTS- 300TE. Volkswagen Passat. MARKING REQUIREMENTS OF THIS 400E. 500E. 1 Exempted in full beginning with MY1999. STANDARD PURSUANT TO 49 CFR 2 Exempted in full beginning with MY 2000. PART 543 3 Renamed Chevrolet Impala/Monte Carlo beginning with MY 2000. 4 Renamed the Acura RL beginning with MY Manufacturer Subject lines 1997. 5 Renamed the SL500 beginning with MY AUSTIN ROVER ...... Sterling. 1994. 6 Renamed the SL600 beginning with MY 1994.

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APPENDIX A±II TO PART 541ÐHIGH-THEFT LINES WITH ANTITHEFT DEVICES WHICH ARE EXEMPTED IN-PART FROM THE PARTS-MARKING REQUIREMENTS OF THIS STANDARD PURSUANT TO 49 CFR PART 543

Manufacturers Subject lines Parts to be marked

GENERAL MOTORS ...... ...... Engine, Transmission. Cadillac Sixty Special 1 ...... Engine, Transmission. Oldsmobile Ninety-Eight ...... Engine, Transmission. Pontiac Firebird ...... Engine, Transmission. Chevrolet Camaro ...... Engine, Transmission. Oldsmobile Eighty-Eight ...... Engine, Transmission. 1 Renamed the Cadillac Concours beginning with MY 1994.

APPENDIX BÐPASSENGER MOTOR VE- connection with particular activities is taking will have a negligible impact on HICLE LINES (EXCEPT LIGHT-DUTY required by the Marine Mammal the species or stock(s) of marine TRUCKS) WITH THEFT RATES Protection Act (MMPA) when the mammals, will not have an unmitigable BELOW THE 1990/91 MEDIAN THEFT Secretary of Commerce (Secretary), after adverse impact on the availability of notice and opportunity for comment, these species for subsistence uses, and RATE, SUBJECT TO THE REQUIRE- finds, as here, that such takes will have if regulations are prescribed setting forth MENTS OF THIS STANDARD a negligible impact on the species and the permissible method of taking and stocks of marine mammals and will not the requirements pertaining to the Manufacturer Subject lines have an unmitigable adverse impact on monitoring and reporting of such taking. Ford ...... Crown Victoria. the availability of them for subsistence Summary of Request Mercury Grand Mar- uses. This rulemaking does not quis. authorize this activity; such On June 16, 1997, NMFS received an Mercury Sable. authorization is under the jurisdiction application for an incidental, small take General Motors ...... Chevrolet Astro of the Nuclear Regulatory Commission exemption under section 101(a)(5)(A) of (MPV). and is not within the jurisdiction of the the MMPA from North Atlantic to take GMC Safari (MPV). Secretary. Rather, these regulations marine mammals incidental to routine Honda ...... Civic. authorize the unintentional incidental operations of the Seabrook Station. Seabrook Station is a single unit, 1,150 Issued on May 18, 1999. take of marine mammals in connection with such activities and prescribe megawatt nuclear power generating L. Robert Shelton, methods of taking and other means of facility located in Seabrook, NH. Associate Administrator for Safety affecting the least practicable adverse Cooling water for plant operations is Performance Standards. impact on the species, and its habitat, supplied by three intake structures [FR Doc. 99–13159 Filed 5–24–99; 8:45 am] and on the availability of the species for approximately 1 mile (1.6 km) offshore BILLING CODE 4910±59±P subsistence uses. in about 60 feet (18.3 m) of water. During normal power operations, about DATES: Effective from July 1, 1999, 469,000 gallons per minute are drawn through June 30, 2004. DEPARTMENT OF COMMERCE through the intakes to a 19–foot (5.8 m) ADDRESSES: A copy of the application, diameter, 3–mile long (4.8 km) tunnel National Oceanic and Atmospheric Environmental Assessment (EA) and beneath the seafloor and into large Administration other available documents may be holding bays (called forebays) at the obtained by writing to Donna Wieting, power plant. Lethal takes of harbor seals 50 CFR Part 216 Acting Chief, Marine Mammal Division, (Phoca vitulina), gray seals (Halichoerus Office of Protected Resources, NMFS, [Docket No. 970703165±9117±03; I.D. grypus), harp seals (Phoca 062397A] 1315 East-West Highway, Silver Spring groenlandica), and hooded seals MD 20910–3226, or by telephoning the (Cystophora cristata) are known to have RIN 0648±AK00 contacts listed below (see FOR FURTHER occurred and are expected to continue INFORMATION CONTACT: NOAA Desk to occur as the animals enter the cooling Taking and Importing Marine Officer, Washington, DC 20503. Mammals; Taking of Marine Mammals water intake structures and apparently FOR FURTHER INFORMATION CONTACT: Incidental to Power Plant Operations drown enroute to the forebays. Kenneth R. Hollingshead, NMFS, (301) Each of the three seawater intake AGENCY: National Marine Fisheries 713–2055, or Scott Sandorf, Northeast structures consists of a velocity cap that Service (NMFS), National Oceanic and Regional Office, NMFS, (978) 281–9388. is connected to the subterranean intake Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: tunnel by vertical risers. The velocity Commerce. intake caps are 30 feet (9.1 m) in Background ACTION: Final rule. diameter and rest, mushroom-like, on Section 101(a)(5)(A) of the MMPA (16 top of 9–foot (2.7 m) diameter risers that SUMMARY: NMFS, upon application from U.S.C. 1361 et seq.) directs NMFS to vertically descend 110 feet (33.5 m) to North Atlantic Energy Service allow, upon request, the incidental, but connect with the horizontal intake Corporation (North Atlantic), issues not intentional, taking of marine tunnel. The bottom of the horizontal regulations to govern the unintentional mammals by U.S. citizens who engage intake cap opening is 10 feet (3.05 m) take of small numbers of seals in a specified activity (other than above the ocean bottom, and the intake incidental to routine operations of the commercial fishing) within a specified openings are covered by vertical bars Seabrook Station nuclear power plant, geographical region if certain findings that are spaced 16 in. (40.6 cm) apart. Seabrook, NH (Seabrook Station). are made and regulations issued. The intent of the vertical bars is to Issuance of regulations governing Permission may be granted for periods reduce the amount of large debris that unintentional incidental takes in of 5 years or less if NMFS finds that the can enter the intake. The purpose of the

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