Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations 34405

that included a Maximum Contaminant

Level Goal (MCLG) of zero for

chloroform, a disinfectant byproduct.

The MCLG was challenged by the

Chlorine Chemistry Council and

Chemical Manufacturers Association,

and the U.S. Court of Appeals for the

District of Columbia Circuit found that

EPA had not used the best available,

peer-reviewed science to set the MCLG

as required by the Safe Drinking Water

Act. In Chlorine Chemistry Council and

Chemical Manufacturers Association v.

EPA, (No. 98–1627) filed on March 31,

2000, the Court issued an order vacating

the zero MCLG. Today EPA is removing

the MCLG for chloroform from its

NPDWRs to ensure that the regulations

conform to the Court’s order. No other

provision of the D/DBP regulations is

affected.

B. ‘‘Good Cause’’ Under the

Administrative Procedure Act

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because today’s action is

ministerial, to ensure the Code of

Federal Regulations conforms to the

Court’s order. Thus, notice and public

comment are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(B). For this same reason,

EPA has also determined that it has

‘‘good cause’’ under 5 U.S.C. 553(d) to

make the rule effective upon

publication.

C. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the Administrative

Procedure Act or any other statute (see

section B), it is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4). In

addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10 1998). This rule will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This rule does not impose technical

standards; thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. The rule also does not involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994). This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). EPA’s compliance

with these statutes and Executive

Orders for the underlying rule is

discussed in 63 FR 69390 (Dec. 16,

1998).

The Congressional Review Act (5

U.S.C. 801 et seq.), as added by the

Small Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the CRA if the Agency

makes a good cause finding that notice

and public procedure is impracticable,

unnecessary or contrary to the public

interest. This determination must be

supported by a brief statement. 5 U.S.C.

808(2).

As stated previously, EPA has made

such a good cause finding, including the

reasons therefor, and established an

effective date of May 30, 2000. EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 141

Environmental protection, Drinking

water, Public utilities.

Dated: May 18, 2000.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, Title 40, Chapter I of the Code

of Federal Regulations is amended as

follows:

PART 141—NATIONAL PRIMARY

DRINKING WATER REGULATIONS

1. The authority citation for Part 141

continues to read as follows:

Authority: 42 U.S.C. 300f, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5,300g–6, 300j–4,

300j–9, 300j–11.

§ 141.53 [Amended]

2. Section 141.53 is amended by

removing the entry for chloroform.

[FR Doc. 00–13202 Filed 5–26–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 11, 73, and 74

[FCC 00–115]

Establishment of a Class A TV Service;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications

Commission published in the Federal

Register of May 10, 2000, a document

concerning establishment of a Class A

television service. This document

contains corrections to that rule.

Inadvertently, the effective date of the

rule and the amendatory instructions to

§ 73.2080 were incorrect, and a

paragraph was incorrectly deleted from

§ 73.1690. In addition, there is a

typographical error in § 11.11, a line

missing in the table of contents to

Subpart J of part 73, and text that was

incorrectly codified in § 73.3580. This

document corrects these errors.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Kim

Matthews, 202–418–2130.

SUPPLEMENTARY INFORMATION: The FCC

published a document in the Federal

Register of May 10, 2000 (65 FR 29985),

establishing a Class A television service.

In rule FR Doc. 00–11481, published on

May 10, 2000, 65 FR 29985, correct the

effective date, §§ 11.11, 73.1690,

73.2080, 73.3580, and the table of

contents to subpart J of part 73.

34406 Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations

In rule FR Doc. 00–11481, published

May 10, 2000 (65 FR 29985), make the

following corrections:

1. On page 29985, in the second

column, the effective date is corrected to

read as follows:

DATES: Effective on June 9, 2000.

2. On page 29999, in the first column,

in paragraph 87, the first sentence is

corrected to read as follows: The

amendments set forth shall be effective

June 9, 2000.

3. On page 30001, the table

‘‘Timetable Broadcast Stations’’ in

§ 11.11(a) is corrected by revising the

second entry in the first column to read

as follows:

§ 11.11 The Emergency Alert System

(EAS).

Section 11.11(a) is amended by

revising the second entry in the first

column of the table ‘‘Timetable

Broadcast Stations’’ to read as follows:

‘‘Two-tone decoder 4, 5’’

4. On page 30005, in the third

column, § 73.1690 is corrected by

adding paragraph (c)(3) immediately

preceding paragraph (c)(4) to read as

follows:

§ 73.1690 Modification of transmission

systems.

* * * * *

(c ) * * *

(3) A directional TV on Channels 2

through 13 or 22 through 68 or a

directional Class A TV on Channels 2

through 13 or 22 through 51, or a

directional TV or Class A TV station on

Channels 15 through 21 which is in

excess of 341 km (212 miles) from a

cochannel land mobile operation or in

excess of 225 km (140 miles) from a

first-adjacent channel land mobile

operation (see part 74, § 74.709(a) and

(b) for tables of urban areas and

reference coordinates of potentially

affected land mobile operations), may

replace a directional TV or Class A TV

antenna by a license modification

application, if the proposed horizontal

theoretical directional antenna pattern

does not exceed the licensed horizontal

directional antenna pattern at any

azimuth and where no change in

effective radiated power will result. The

modification of license application on

Form 302–TV or Form 302–CA must

contain all of the data set forth in

§ 73.685(f) or § 73.6025(a), as applicable.

* * * * *

5. On page 30006, in the first column,

§ 73.2080 is corrected by revising

paragraph (a) to read as follows:

§ 73.2080 Equal employment

opportunities.

(a) General EEO Policy. Equal

opportunity in employment shall be

afforded by all licensees or permittees of

commercially or noncommercially

operated AM, FM, TV, Class A TV, or

international broadcast stations (as

defined in this part) to all qualified

persons, and no person shall be

discriminated against in employment by

such stations because of race, color,

religion, national origin, or sex.

Religious radio broadcasters may

establish religious belief or affiliation as

a job qualification for all station

employees. However, they cannot

discriminate on the basis of race, color,

national origin or gender from among

those who share their religious

affiliation or belief. For purposes of this

rule, a religious broadcaster is a licensee

which is, or is closely affiliated with, a

church, synagogue, or other religious

entity, including a subsidiary of such an

entity.

* * * * *

6. On page 30008, in the third

column, § 73.3580(d)(5) was incorrect.

Section 73.3580(d)(5) is corrected to

read as follows:

§ 73.3580 Local public notice of filing of

broadcast applications.

* * * * *

(d) * * *

(5) An applicant who files for a Class

A television license must give notice of

this filing by broadcasting

announcements on applicant’s station.

(Sample and schedule of

announcements are below.) Newspaper

publication is not required.

(i) The broadcast notice requirement

for those filing for Class A television

license applications and amendment

thereto is as follows:

(A) Pre-filing announcements. Two

weeks prior to the filing of the license

application, the following

announcement shall be broadcast on the

5th and 10th days of the two week

period. The required announcements

shall be made between 6 p.m. and 11

p.m. (5 p.m. and 10 p.m. Central and

Mountain Time) Stations broadcasting

primarily in a foreign language should

broadcast the announcements in that

language.

On (date), the Federal Communications

Commission granted (Station’s call letters) a

certification of eligibility to apply for Class

A television status. To become eligible for a

Class A certificate of eligibility, a low power

television licensee was required to certify

that during the 90-day period ending

November 28, 1999, the station: (1) Broadcast

a minimum of 18 hours per day; (2) broadcast

an average of at least three hours per week

of programming produced within the market

area served by the station or by a group of

commonly-owned low power television

stations; and (3) had been in compliance with

the Commission’s regulations applicable to

the low power television service. The

Commission may also issue a certificate of

eligibility to a licensee unable to satisfy the

foregoing criteria, if it determines that the

public interest, convenience and necessity

would be served thereby.

(Station’s call letters) intends to file an

application (FCC Form 302–CA) for a Class

A television license in the near future. When

filed, a copy of this application will be

available at (address of location of the

station’s public inspection file) for public

inspection during our regular business hours.

Individuals who wish to advise the FCC of

facts relating to the station’s eligibility for

Class A status should file comments and

petitions with the FCC prior to Commission

action on this application.

(B) Post-filing announcements. The

following announcement shall be

broadcast on the 1st and 10th days

following the filing of an application for

a Class A television license. The

required announcements shall be made

between 6 p.m. and 11 p.m. (5 p.m. and

10 p.m. Central and Mountain Time).

Stations broadcasting primarily in a

foreign language should broadcast the

announcements in that language.

On (date of filing license application)

(Station’s call letters) filed an application,

FCC Form 302–CA, for a Class A television

license. Such stations are required to

broadcast a minimum of 18 hours per day,

and to average at least 3 hours of locally

produced programming each week, and to

comply with certain full-service television

station operating requirements.

A copy of this application is available for

public inspection during our regular business

hours at (address of location of the station’s

public inspection file). Individuals who wish

to advise the FCC of facts relating to the

station’s eligibility for Class A status should

file comments and petitions with the FCC

prior to Commission action on this

application.

(ii ) [Reserved]

* * * * *

7. On page 30009, in the first and

second columns, the table of contents to

subpart J of part 73 is corrected to read

as follows:

Subpart J—Class A Television Broadcast

Stations

Sec.

73.6000 Definitions.

73.6001 Eligibility and service

requirements.

73.6002 Licensing requirements.

73.6003–73.6005 [Reserved]

73.6006 Channel assignments.

73.6007 Power limitations.

73.6008 Distance computations.

73.6010 Class A TV station protected

contour.

73.6011 Protection of TV broadcast stations.

73.6012 Protection of Class A TV, low

power TV, and TV translator stations.

73.6013 Protection of DTV stations.

73.6014 Protection of digital Class A TV

stations.

Federal Register / Vol. 65, No. 104 / Tuesday, May 30, 2000 / Rules and Regulations 34407

73.6016 Digital Class A TV station

protection of TV broadcast stations.

73.6017 Digital Class A TV station

protection of Class A TV, low power TV,

and TV translator stations.

73.6018 Digital Class A TV station

protection of DTV stations.

73.6019 Digital Class A TV station

protection of digital Class A TV stations.

73.6020 Protection of stations in the land

mobile radio service.

73.6022 Negotiated interference and

relocation agreements.

73.6024 Transmission standards and system

requirements.

73.6025 Antenna system and station

location.

73.6026 Broadcast regulations applicable to

Class A television stations.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–13402 Filed 5–26–00; 8:45 am]

BILLING CODE 5712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 54

[CC Docket Nos. 96–45 and 97–21; FCC 00–

180]

Federal-State Joint Board on Universal

Service and Changes to the Board of

Directors of the National Exchange

Carrier Association, Inc.

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document concerning

the Federal-State Joint Board on

Universal Service and Changes to the

Board of Directors of the National

Exchange Carriers Association, Inc.

amends a procedural rule which sets out

the time period by which the Common

Carrier Bureau or the Commission must

take action on a request for review of a

decision issued by the Schools and

Libraries Division of the Universal

Service Administrative Company

(USAC or Administrator). This

document makes clear that a decision of

the Administrator will not be deemed

approved upon the running of the 90-

day deadline for taking action on

requests for review that are pending

before the Bureau.

DATES: Effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Linda Chang, Attorney, Common Carrier

Bureau, Accounting Policy Division,

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of a Commission’s Order in

CC Docket Nos. 96–45 and 97–21

released on May 22, 2000. The full text

of this document is available for public

inspection during regular business

hours in the FCC Reference Center,

Room CY–A257, 445 Twelfth Street,

SW., Washington, DC, 20554.

1. On March 1, 2000, the Commission

released the Bureau Extension Order, 65

FR 12135 (March 8, 2000), that amended

a rule to make clear that the Common

Carrier Bureau (Bureau) may extend, for

up to ninety days, the time period for

taking action on a request for review of

the Schools and Libraries Division of

the Universal Service Administrative

Company’s (USAC or Administrator)

decision that is pending before the

Bureau or the Commission pursuant to

§ 54.724 of the Commission’s rules. The

Bureau Extension Order clarified that

the Commission may extend the time

period for taking action on a pending

request for review of an Administrator’s

decision that is before either the Bureau

or the Commission, but the Commission

is not limited to a maximum 90-day

extension period. In this Order, we

amend a procedural rule which sets out

the time period by which the Bureau or

the Commission must take action on a

request for review of a decision issued

by the Administrator). We amend

§ 54.724 of the Commission’s rules to

make clear that a decision of the

Administrator will not be deemed

approved upon the running of the 90-

day deadline for taking action on

requests for review that are pending

before the Bureau.

2. Section 54.724(a) of the

Commission’s rules establishes

procedures for a request for review of an

Administrator decision that is properly

before the Bureau. Matters that are

properly before the Bureau are appeals

of Administrator decisions that do not

involve novel issues of fact, law or

policy. If the Bureau does not take

action within 90 days regarding a

request for review not involving novel

issues, the decision issued by the

Administrator is deemed approved. The

rule also specifies that either the

Commission or the Bureau may extend

the time period for taking action on a

matter before the Bureau.

3. In contrast, § 54.724(b) of the

Commission’s rules directs the

Commission to issue, within 90 days, a

written decision resolving a request for

review of an Administrator decision that

involves novel questions of fact, law or

policy. The rules provide that the

Commission or Bureau may extend the

time period for taking action. Unlike

appeals pending before the Bureau, if

the Commission does not issue a

decision within 90 days or does not

extend the time period for taking action

on the request for review, the

Commission’s rules do not provide that

the Administrator’s decision will be

automatically approved.

4. The procedural distinction between

matters pending before the Commission

and those pending before the Bureau

may pose problems for schools and

libraries that request reviews of

Administrator decisions. The appellants

will not be certain whether or not their

requests for review raise novel questions

of fact, law or policy. As a consequence,

appellants are not in a position to

determine whether their appeals are

pending before the Bureau or the

Commission. Without knowledge of

whether an appeal is being considered

by the Bureau or Commission, a school

or library cannot determine whether its

appeal remains pending before the

Commission or was subject to automatic

denial where the 90-day time period for

taking action ran without a decision or

extension of time having been issued by

the Bureau. Because of this lack of

certainty, appellants cannot know when

a denial is final and when the time

period for pursuing further review has

begun.

5. We believe that this uncertainty

puts appellants in an untenable

position. A party adversely affected by

a Bureau decision has the right to seek

reconsideration or Commission review

of the decision. In order to exercise their

right to seek review of an adverse

decision, however, appellants must file

either a petition for reconsideration or

an application for review within thirty

days from the date of public notice of

the final action or release of the

decision. The rules fail, however, to set

forth a mechanism for public notice of

Administrator decisions that are

deemed approved upon the passage of

90 days in the absence of action by the

Bureau.

6. The requirement in § 54.724(a) that

Administrator decisions will be deemed

approved in the absence of Bureau

action on matters not involving new or

novel issues was adopted to promote the

prompt and efficient resolution of

pending requests for review. We did not

anticipate, however, that this means of

streamlining our review process would

add uncertainty to the appeals process

or interfere with the ability of appellants

to seek further review. Because we

conclude that the different procedural

processes found in §§ 54.724(a) and (b)

generate uncertainty as to the status of

certain requests for review, we find that

it is in the public interest to eliminate

the provision in § 54.724(a) specifying

that a decision by the Administrator

will be deemed approved where the

Bureau has not acted within the 90-day

review period. Accordingly, we find