41032 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules

published June 22, 2000 (65 FR 38888)

requests comments on MCLs of 3 μg/L,

10 μg/L, and 20 μg/L. EPA is proposing

to withdraw two analytical methods,

keeping the rest of the approved test

methods for arsenic intact. The

regulation will be effective for

community water systems (CWSs)

serving over 10,000 people three years

after the final rule is issued, and

effective five years after promulgation

for CWSs serving under 10,000 people.

In addition, EPA is proposing that nontransient, non-community water

systems (NTNCWS) monitor and report

arsenic that exceeds the new MCL, but

not requiring compliance for NTNCWS

with the MCL.

Furthermore, the proposal clarifies

compliance for State-determined

monitoring after exceedances for

inorganic, volatile organic, and

synthetic organic contaminants. Finally,

EPA is proposing that States will specify

the time period and sampling frequency

for new public water systems and

systems using a new source of water to

demonstrate compliance for inorganic,

volatile organic, and synthetic organic

MCLs.

In conducting research and

developing the proposed rule for arsenic

in drinking water, EPA has consulted

with the National Academy of Sciences,

other Federal agencies, and other

interested public and private parties. The stakeholders meeting will cover a

broad range of issues including: (1)

Regulatory process, including risk

management decisions; (2) arsenic risk

assessment (exposure, health

assessment, national occurrence); (3)

key technical assessments (treatment

technologies, treatment residuals, cost,

analytical methods); (4) small system

concerns; and (5) future stakeholder

involvement.

EPA has announced this public

meeting to discuss the proposed rule

prior to the close of the public comment

period. The meeting is not the forum for

giving the Agency public comment on

the rule. The public comment period

ends on September 20, 2000, and you

may send written comments to the W–

99–16 Arsenic Comments Clerk, Water

Docket (MC–4101), U.S. EPA, 1200

Pennsylvania Ave. NW, Washington, DC

20460. Comments may be hand

delivered to the Water Docket, located at

U.S. EPA EB–57, 401 M St. SW,

Washington, DC between 9 am. and 3:30

pm., Monday through Friday.

Comments may be submitted

electronically to owdocket@epamail.epa.gov. Please submit

an original and three copies of your

comments and enclosures (including

references) to the Water Docket at the

address given above. For further

information about submitting

comments, please contact the Safe

Drinking Water Hotline at 1-800–426–

4791.

Dated: June 26, 2000.

Cynthia C. Dougherty,

Director, Office of Ground Water and Drinking

Water, Environmental Protection Agency.

[FR Doc. 00–16754 Filed 6–30–00; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 2 and 87

[WT Docket No. 00–77; RM Nos. 9376, 9462;

FCC 00–160]

Advanced Digital Communications in

the 117.975–137 MHz Band and

Implementation of Flight Information

Services in the 136–137 MHz Band

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: In this document the

Commission seeks comment on

proposals regarding the use of the 136–

137 MHz frequency band by the

Aviation Services and certain

modifications to parts 2 and 87 of the

Commission’s rules in response to two

Petitions for Rulemaking filed by the

Federal Aviation Administration and

the Small Aircraft Manufacturers

Association. In response to the Petitions

and comments received, the

Commission has released a Notice of

Proposed Rulemaking (NPRM) in which

the Commission proposes to: modify the

footnote allocation of the Commission’s

rules to permit the FAA to use twenty

channels in the 136–136.475 MHz band

on a shared basis with non-Federal

Government users for Air Traffic

Control purposes, including Flight

Information Services; revise certain

technical rules in part 87 for the

117.975–137 MHz band to accommodate

digital communications systems; and

modify those rules pertaining to special

purpose enroute services in the Gulf of

Mexico.

DATES: Comments are due August 2,

2000. Reply comments are due August

2, 2000.

ADDRESSES: Federal Communications

Commission, Office of the Secretary,

445 Twelfth Street, SW., TW–325,

Washington, DC 20554. A copy of each

filing should be sent to International

Transcription Services, Inc. (ITS), 1231

20th Street, NW., Washington, DC

20036, (202) 857–3800, and Roberto

Mussenden, Federal Communications

Commission, Wireless

Telecommunications Bureau, Public

Safety and Private Wireless Division,

Policy and Rules Branch, 445 Twelfth

Street, SW., Room 3–A424, Washington,

DC 20554.

FOR FURTHER INFORMATION CONTACT:

Roberto Mussenden (rmussend@fcc.gov)

or Ghassan Khalek (gkhalek@fcc.gov) at

the Public Safety and Private Wireless

Division, Policy and Rules Branch, (202)

418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking (NPRM) in WT

Docket No. 00–77, FCC No. 00–160,

released on May 15, 2000, as amended

by Errata released on June 5, 2000. The

full text of the NPRM is available for

inspection and copying during normal

business hours in the Public Safety and

Private Wireless Division of the

Wireless Telecommunications Bureau,

Federal Communications Commission,

445 Twelfth Street, SW., Room 4–C207,

Washington, DC 20554. The complete

text of this NPRM may also be

purchased from the Commission’s

duplicating contractor, International

Transcription Services, 1231 20th

Street, NW., Washington, DC 20036,

202–857–3800. Alternative formats

(computer diskette, large print,

audiocassette and Braille) are available

to persons with disabilities by

contacting Martha Contee at (202) 418–

0260, TTY (202) 418–2555, or at

mcontee@fcc.gov.

Currently, the 136–137 MHz band is

allocated to the non-Federal

Government aeronautical mobile (R)

service on a primary basis. This one

megahertz of spectrum is used by the

civil aviation community, in particular

ARINC, for AOC communications, and

pursuant to footnote US244, by the FAA

for general aviation ATC purposes.

SAMA, in its Petition, requests the FCC

to set aside four channels in the 136–

137 MHz band for FIS to support

general aviation. The FAA, in its

Revised Petition, supports this request

but also seeks a reallocation of

approximately half of the band (136–

136.475 MHz) to accommodate a new,

digital communications system. While

generally supporting both requests, it

appears that the aviation community

challenges the amount of spectrum

needed and the manner in which it is

allocated. The aviation community

counsels caution when evaluating the

petitions and stresses the need to

balance future Federal Government

services against the existing and

planned improvements in non-Federal

Government data communications

services. All parties also request that 47

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules 41033

CFR part 87 be amended to permit

digital communications for general

aviation.

The Commission proposes to amend

47 CFR 2.106, footnote US244 to extend

the FAA’s access from fifteen to twenty

channels within the 136–136.475 MHz

band on a shared basis with non-Federal

Government users. Specifically, the

Commission proposes to add channels

136.100 MHz, 136.200 MHz, 136.275

MHz, 136.375 MHz, and 136.475 MHz

to the list of FAA’s shared channels. As

requested by SAMA and supported by

the FAA and industry, the Commission

further proposes to accommodate FIS in

the 136–137 MHz band. SAMA

contends that locating the FIS within in

the 136–137 MHz band is most

appropriate. It notes that frequencies in

the 136–137 MHz band are not currently

being used because very few general

aviation aircraft have voice radios that

can tune to this band. NATA, NBAA,

and ARINC/ATA all support

authorization of FIS within the 136–137

MHz band. According to SAMA, most

general aviation aircraft have 720-

channel transceivers that tune up to 136

MHz; only the newest radios are 760-

channel transceivers that also tune to

the forty channels in the 136–137 MHz

band. SAMA maintains that aircraft

desiring to receive FIS broadcasts could

purchase an FIS receiver that tunes to

these frequencies only. Finally, SAMA

avers that avionics manufacturers have

already introduced low-cost radio

receivers for FIS broadcasts for the

general aviation market in anticipation

of the FAA’s initiation of this service.

Consequently, the Commission proposes

to add the FIS designation to footnote

US244; however, it tentatively

concludes that specifying four channels

for FIS in US244 is unnecessary and

could curtail flexibility.

To foster improved spectrum

efficiencies, the Commission also

proposes to amend various service and

technical rules pertaining to the aviation

services, 47 CFR part 87. The specific

rule provisions proposed for

amendment are: (1) 47 CFR 87.131

(Power and emissions); (2) 47 CFR

87.133 (Frequency stability); (3) 47 CFR

87.137 (Types of mission); (4) 47 CFR

87.139 (Emission limitations); (5) 47

CFR 87.173 (Frequencies) [General List];

(6) 47 CFR 87.187 (Frequencies)

[Aircraft Stations]; and (7) 47 CFR

87.263 (Frequencies) [Aeronautical

Enroute and Aeronautical Fixed

Stations]. The Commission believes that

these changes would serve to promote

the transition from analog voice

communications to digital voice and

data transmissions.

Initial Regulatory Flexibility Analysis

As required by the Regulatory

Flexibility Act (‘‘RFA’’), the

Commission has prepared this present

Initial Regulatory Flexibility Analysis

(‘‘IRFA’’) of the possible significant

economic impact on small entities by

the policies and rules proposed in this

NPRM Written public comments are

requested on this IRFA. Comments must

be identified as responses to the IRFA

and must be filed by the deadlines for

comments on this NPRM provided. The

Commission will send a copy of the

NPRM, including this IRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration (‘‘SBA’’). See 5

U.S.C. 603(a).

I. Need for and Objectives of the

Proposed Rules

Increased spectrum congestion within

the 117.975–136 MHz band, due to

increasing air traffic control

communications requirements, which

cause frequency assignments in this

band to grow about four percent

annually, compels the transition to

digital communications technology.

Further pressuring our aviation

communications spectrum capacity is

the explosive growth in data

communications within the civil

aviation communications spectrum

band. This, combined with the FAA’s

role in administering the civil aviation

communications spectrum, along with

the public safety issues inherent with

aviation communications, provides

justification for our proposals in this

NPRM. The objective is to develop

aviation communications spectrum

policies for the civil aviation

community while providing the FAA

with the latitude it needs to meet its

statutory requirements. Our proposals

are aimed at being as least intrusive on

the private sector as feasible, while

achieving our public interest objectives.

II. Legal Basis

The proposed action is authorized by

sections 4(i), 303(r), and 332(a)(2) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 303(r) and

332(a)(2).

III. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will Apply

Under the RFA, small entities may

include small organizations, small

businesses, and small governmental

jurisdictions, or entities. 5 U.S.C. 601(6).

The RFA directs agencies to provide a

description of and, where feasible, an

estimate of the number of small entities

that may be affected by the proposed

rules, if adopted. The RFA defines the

term ‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

governmental jurisdiction.’’ 5 U.S.C.

601. In addition, the term ‘‘small

business’’ has the same meaning as the

term ‘‘small business concern’’ under

the Small Business Act. A small

business concern is one that: (1) Is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) satisfies any additional criteria

established by the SBA. Pursuant to 5

U.S.C. 601(3), the statutory definition of

a small business applies ‘‘unless an

agency, after consultation with the

Office of Advocacy of the [SBA], and

after opportunity for public comment,

establishes one or more definitions of

such term which are appropriate to the

activities of the agency and publishes

such definition(s) in the Federal

Register.’’

The Commission has not adopted a

definition of small business specific to

the Air-Ground Radiotelephone Service,

which is defined in § 22.99 of the

Commission’s rules. 47 CFR 22.99.

Accordingly, we will use the SBA’s

definition applicable to radiotelephone

companies, i.e., an entity employing no

more than 1,500 persons. There are

approximately 100 licensees in the AirGround Radiotelephone Service, and we

estimate that almost all of them qualify

as ‘‘small businesses’’ or ‘‘small

entities’’ under the SBA definition.

IV. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

Current licensees are subject to

minimal reporting, recordkeeping, and

compliance requirements, e.g., retaining

a copy of their license, filing for renewal

of their license after a period of years.

Equipment manufacturers are required

to certify that their products comply

with the performance standards

established by the Commission. No new

reporting, recordkeeping, or other

compliance requirements would be

imposed on applicants or licensees as a

result of the actions proposed in this

rulemaking proceeding.

V. Steps Taken To Minimize Significant

Economic Impact on Small Entities, and

Significant Alternatives Considered

The RFA requires an agency to

describe any significant alternatives that

it has considered in reaching its

proposed approach, which may include

the following four alternatives: (1) The

establishment of differing compliance or

reporting requirements or timetables

that take into account the resources

available to small entities; (2) the

clarification, consolidation, or

41034 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules

simplification of compliance or

reporting requirements under the rule

for small entities; (3) the use of

performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities. The first two and the

fourth alternatives are not relevant at

this stage of the proceeding, whereby

the Commission would permit

additional use of existing Aviation

Radio Service frequencies and the

establishment of a new service. The

third alternative is reflected in the

NPRM in that the Commission has not

specified the design standards for any

potential radio apparatus but has

limited its proposal to technical,

performance standards for the use of the

frequencies at issue. We seek comment

on the impact on small entities of the

proposals in the NPRM.

Federal Rules that May Duplicate,

Overlap, or Conflict with the Proposed

Rules: None.

VI. Paperwork Reduction Analysis

This NPRM contains either a new or

modified information collection. The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public to comment

on the information collection contained

in this NPRM as required by the

Paperwork Reduction Act of 1995,

Public Law No. 104–13. Public and

agency comments are due 60 days from

date of publication of this NPRM in the

Federal Register. Comments should

address: (a) Whether the new or

modified collection of information is

necessary for the proper performance of

the functions of the Commission,

including whether the information shall

have practical utility; (b) the accuracy of

the Commission’s burden estimates; (c)

ways to enhance the quality, utility, and

clarity of the information collected; and

(d) ways to minimize the burden of the

collection of information on the

respondents, including the use of

automated collection techniques or

other forms of information technology.

These comments should be submitted to

Judy Boley, Federal Communications

Commission, 445 12th Street, SW.,

Washington, D.C. 20554, or via the

Internet to <jboley@fcc.gov>.

Furthermore, a copy of any such

comments should be submitted to

Virginia Huth, OMB Desk Officer, 725

17th Street, NW., Room 10236 NEOB,

Washington, DC 20503, or via the

Internet to <vhuth@omb.eop.gov>.

List of Subjects in 47 CFR Parts 2 and

87

Communications equipment, Radio,

Air Transportation.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–16679 Filed 6–30–00; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 24

[GEN Docket No. 90–314; ET Docket No.

92–100; PP Docket No. 93–253; DA 00–1421]

Narrowband Personal

Communications Services;

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rule making;

extension of comment period.

SUMMARY: In this document, the

Commission grants in part a motion for

extension of time to file comments and

reply comments in the narrowband PCS

proceeding. The motion was filed by the

Personal Communications Industry

Association (PCIA). A brief extension of

time is warranted in order to give PCIA

and its members adequate time to

develop a consensus position and thus

facilitate the compilation of a more

complete record on the issues raised.

The new deadlines for filing comments

and reply comments will be July 19,

2000, and August 3, 2000, respectively.

DATES: Comments are due on or before

July 19, 2000, and reply comments are

due on or before August 3, 2000.

ADDRESSES: Parties who choose to file

comments by paper should send

comments to the Commission’s

Secretary, Magalie Roman Salas, Office

of the Secretary, Federal

Communications Commission, 445 12th

Street, SW, Room TW–A325,

Washington, DC 20554. See the

‘‘Supplementary Information’’ section

for additional information about paper

and electronic filing.

FOR FURTHER INFORMATION CONTACT:

Alice Elder, Auctions and Industry

Analysis Division, Wireless

Telecommunications Bureau, at (202)

418–0660.

SUPPLEMENTARY INFORMATION: This is a

summary of the Order in GEN Docket

No. 90–314, ET Docket No. 92–100, and

PP Docket No. 93–253, DA 00–1421,

adopted and released on June 26, 2000.

The complete text of the Order is

available for inspection and copying

during normal business hours in the

FCC Reference Information Center, 445

12th Street, SW, Room CY–A257,

Washington, DC 20554, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., 1231 20th Street, NW,

Washington, DC 20036, (202) 857–3800.

The Order is also available via the

Internet at

http://www.fcc.gov/Bureaus/Wireless/

Orders/2000/index.html.

1. On May 18, 2000, the Commission

released a Second Report and Order and

Second Further Notice of Proposed Rule

Making, GEN Docket No. 90–314, ET

Docket No. 92–100, PP Docket No. 93–

253, FCC 00–159, 65 FR 35875 (June 6,

2000). Comments on the Second Further

Notice of Proposed Rule Making were

due on or before July 5, 2000, and reply

comments were due on or before July

20, 2000.

2. On June 19, 2000, the Personal

Communications Industry Association

(PCIA) filed a ‘‘Motion of the Personal

Communications Industry Association

for Extension of Time,’’ requesting that

the Commission extend these deadlines

for filing comments and reply comments

by thirty days. Thus, PCIA requested

that the deadlines be extended to

August 4, 2000, and August 21, 2000,

respectively. According to PCIA,

additional time is needed to permit

PCIA and its members to explore fully

channelization options and other issues

raised in the Second Further Notice of

Proposed Rule Making and to develop a

consensus position. PCIA urges that a

brief delay of the rulemaking process

would be more than compensated for by

the advantage of a more complete record

and the development of a consensus

position on behalf of a significant

portion of the messaging industry.

3. The Commission does not routinely

grant extensions of time. Upon review,

however, the Division agrees that a brief

extension of time is warranted in order

to give PCIA and its members adequate

time to develop a consensus position

and thus facilitate the compilation of a

more complete record in this

proceeding. However, the Division is

not persuaded that a thirty-day

extension is necessary and is concerned

that such an extension could delay the

Commission’s consideration of the

issues raised in the Second Further

Notice of Proposed Rule Making. The

current deadlines for filing comments

and reply comments in this proceeding

will therefore be extended by two

weeks.

4. Accordingly, it is ordered that the

Motion of the Personal Communications

Industry Association for Extension of

Time filed on June 19, 2000, is granted

in part. Interested parties may file

comments on or before July 19, 2000,