Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Rules and Regulations 27601 established by the Small Business and 303(r) of the Communications Act 4. Section 68.162 is amended by Administration. of 1934, as amended, 47 U.S.C. 154(i), revising paragraph (g)(4) to read as 7. The Report and Order, 64 FR 4984, 303(f), 303(g) and 303(r). follows: February 2, 1999, established a process 11. The Commission’s Consumer through which private sector § 68.162 Requirements for Information Bureau, Reference Telecommunication Certification Bodies. organizations could be designated to Information Center, shall send a copy of * * * * * approve radio frequency devices and the Memorandum Opinion and Order, telephone terminal equipment. These (g) * * * including the Final Regulatory (4) Where concerns arise, the TCB TCBs were required under the Report Flexibility Certification, to the Chief and Order to keep ‘‘trade secret’’ shall provide a copy of the application Counsel for Advocacy of the Small file to the Commission within 30 information confidential. A Final Business Administration. Regulatory Flexibility Analysis was calendar days of a request for the file incorporated in the Report and Order.5 List of Subjects in 47 CFR Parts 2 and made by the Commission to the TCB Following publication of the Report and 68 and the manufacturer. Where appropriate, the file should be Order, Motorola filed its petition Communications equipment, seeking clarification of the accompanied by a request for Reporting and recordkeeping confidentiality for any material that may confidentiality of applications filed with requirements. TCBs. In this Memorandum Opinion qualify for confidential treatment under and Order we are amending the rules to Federal Communications Commission. the Commission’s Rules. If the indicate that confidentiality should Magalie Roman Salas, application file is not provided within apply to ‘‘any material that qualifies for Secretary. 30 calendar days, a statement shall be confidential treatment under the provided to the Commission as to why Rules Changes Commission’s Rules.’’ it cannot be provided. 8. This amendment to the rules will For the reasons discussed in the * * * * * affect the 15 to 20 TCBs in operation; preamble, parts 2 and 68 of title 47 of [FR Doc. 01–12609 Filed 5–17–01; 8:45 am] and it is the Commission’s belief that the Code of Federal Regulations is BILLING CODE 6712–01–U most of the TCBs are small businesses. amended as follows: Most applications filed with TCBs do not require that any information be held PART 2—FREQUENCY ALLOCATIONS DEPARTMENT OF THE INTERIOR confidential. Where material does AND RADIO TREATY MATTERS; require confidential treatment it is GENERAL RULES AND REGULATIONS Fish and Wildlife Service predominantly because the materials are ‘‘trade secrets.’’ Systems for determining 1. The authority citation for part 2 50 CFR Part 23 and storing ‘‘trade secrets’’ are already continues to read as follows: RIN 1018–AH63 in place. The small amount of Authority: 47 U.S.C. 154, 302a, 303 and additional material required to be stored 336, unless otherwise noted. Changes in List of Species in because it is ‘‘material considered to be 2. Section 2.962 is amended by Appendices to the Convention on confidential by the Commission’’ is revising paragraph (g)(4) to read as International Trade in Endangered insignificant. Therefore, we expect that follows: Species of Wild Fauna and Flora the increased burden on TCBs caused by this amendment is nominal and does § 2.962 Requirements for AGENCY: Fish and Wildlife Service, not rise to the level of a ‘‘significant Telecommunication Certification Bodies. Interior. economic burden.’’ Therefore, we certify * * * * * ACTION: Final rule. that the amendments included in this (g) * * * SUMMARY: The Convention on Memorandum Opinion and Order will (4) Where concerns arise, the TCB not have a significant economic impact International Trade in Endangered shall provide a copy of the application Species of Wild Fauna and Flora on a substantial number of small file to the Commission within 30 entities. (CITES, or ‘‘the Convention’’) regulates calendar days of a request for the file international trade in certain animals 9. The Commission will send a copy made by the Commission to the TCB of the Memorandum Opinion and and plants. Species for which such trade and the manufacturer. Where is controlled are listed in Appendices I, Order, including a copy of this final appropriate, the file should be certification, in a report to Congress II, and III to the Convention. This final accompanied by a request for rule announces decisions made by the pursuant to the Small Business confidentiality for any material that may Regulatory Enforcement Fairness Act of eleventh meeting of the Conference of 6 qualify for confidential treatment under the Parties to CITES (COP11) in April 1996. In addition, the Memorandum the Commission’s Rules. If the Opinion and Order and this certification 2000 on amendments to Appendices I application file is not provided within and II, and incorporates those decisions will be sent to the Chief Counsel for 30 calendar days, a statement shall be Advocacy of the Small Business in 50 CFR 23.23. This rule also 7 provided to the Commission as to why discusses the issue of entering of Administration. it cannot be provided. 10. The petition for clarification filed reservations by the United States on any by Motorola is granted. It is further * * * * * of the amendments. The effect of a ordered that Parts 2 and 68 of the reservation would be to exempt the PART 68—CONNECTION OF Commission’s Rules are amended June United States from implementing CITES TERMINAL EQUIPMENT TO THE 18, 2001. Pursuant to the authority for a particular species. The United TELEPHONE NETWORK contained in sections 4(i), 303(f), 303(g) States has entered no reservations. The CITES amendments to Appendices I and 3. The authority citation for part 68 5 13 FCC Rcd 24737 (1999). II described in this rule entered into 6 See 5 U.S.C. 801(a)(1)(A). continues to read as follows: effect on July 19, 2000, unless 7 See 5 U.S.C. 605(b). Authority: 47 U.S.C. 154, 303. specifically indicated otherwise. VerDate 11<MAY>2000 15:04 May 17, 2001 Jkt 194001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18MYR1.SGM pfrm01 PsN: 18MYR1 27602 Federal Register / Vol. 66, No. 97 / Friday, May 18, 2001 / Rules and Regulations DATES: This final rule is effective May United Nations Environment secret ballots to be unfortunate for a 18, 2001. The amendments to Programme (UNEP). The meeting was number of reasons. We believe that the Appendices I and II adopted at the hosted by UNEP. At the meeting, the position of CITES Parties on species recent meeting of the Conference of the Parties considered 21 different plant proposals should be public and the Parties held in Gigiri, Kenya, on April proposals and 41 different animal voting process transparent. 10–20, 2000, entered into force 90 days proposals to amend the Appendices (see Governments must be accountable to after their adoption under the terms of Table 1 below). We described those their citizens. In addition, secret ballots CITES and, therefore, were enforceable proposals in the Federal Register on take significant time away from the as of July 19, 2000. February 17, 2000, for proposals deliberations in both Committee and ADDRESSES: Please send correspondence submitted by the United States (65 FR Plenary. Consequently, the U.S. concerning this rule to Chief, Division 8190), and on March 8, 2000, for delegation to the COP always made of Scientific Authority, U.S. Fish and proposals submitted by other countries public (on the floor or in other public Wildlife Service, Mail Stop ARLSQ– (65 FR 12400). In the Federal Register fora) its vote on species proposals 750, Washington, DC 20240; (fax of March 8, 2000, we also discussed the conducted by secret ballot at COP11. In number: 703–358–2276;). proposed U.S. negotiating positions on Committee I, the United States voted for those proposals submitted by other the proposals on basking shark and great FOR FURTHER INFORMATION CONTACT: Dr. countries. white shark, and against all proposals Susan Lieberman, Chief, Division of The CITES COP meeting was divided for downlisting of whales and sea Scientific Authority, U.S. Fish and into two simultaneous committees. turtles. Wildlife Service, Mail Stop ARLSQ– Committee II discussed management, Species proposals submitted or 750, Washington, DC 20240 (phone: implementation, and enforcement cosponsored by the United States met 703–358–1708; fax: 703–358–2276; e- issues. Committee I considered and with mixed results. The proposals on mail: [email protected]). acted upon all proposals to amend the white wicky (Kalmia cuneata), Asian SUPPLEMENTARY INFORMATION: Appendices (except, of course, those box turtles (Cuora spp.; cosponsored by Background that were withdrawn by the proponents Germany), Sonoran green toad (Bufo during the meeting). Each duly retiformis), and Mantella frogs (Mantella CITES regulates import, export, accredited attending Party had one vote, spp.; cosponsored by The Netherlands) reexport, and introduction from the sea and countries and approved observer were adopted. The proposals on of certain animal and plant species. organizations were afforded the gyrfalcon (Falco rusticolus), spotted Species for which trade is controlled are opportunity to comment on the turtle (Clemmys guttata), whale shark included in one of three Appendices. proposals. Adoption of amendments by (Rhincodon typus), great white shark Appendix I includes species threatened Committee I required either consensus (Carcharodon carcharias; cosponsored with extinction that are or may be or, in case of a vote, a two-thirds by Australia), and Eastern Hemisphere affected by trade. Appendix II includes majority of those Parties present and tarantulas (Poecilotheria spp.; species that, although not necessarily voting (abstentions were not included).