43330 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices

253(d) of the Communications Act and

to the extent that such moratoria may

constitute prohibited CMRS entry

regulation, we believe that we have the

jurisdiction to preclude them under

Section 332(c)(3). In this regard, we

tentatively conclude that moratoria that

do not specify any fixed length of

duration are not ‘‘decisions’’ regarding

the placement, construction and

modification of personal wireless

facilities which, pursuant to Section

332(c)(7)(A) of the Communications Act,

are subject to review by the courts. At

the same time, we recognize that a

moratorium of a fixed duration, which

permits local officials a reasonable

period of time to study and develop a

process for handling wireless siting

requests may be a legitimate exercise of

local land use authority which may

benefit all parties. Therefore, we

tentatively conclude that Sections

253(d) and 332(c)(3) do not preclude all

local facilities siting moratoria and that

some moratoria of a relatively short and

fixed duration may serve the public

interest.

Through this supplemental public

notice, we tentatively conclude that we

should preclude local facilities siting

moratoria of unlimited or unspecified

duration as impermissible CMRS entry

regulation in violation of Section

332(c)(3) or barriers to entry under

Section 253(a) and seek comment on

this tentative conclusion. We also seek

comment on whether moratoria of a

specified duration, but which exceed a

certain length of time, may also

constitute impermissible barriers to

entry or CMRS entry regulation. If so, at

what length of time do moratoria

become barriers to entry? We note that

CTIA and the supporting parties have

argued that moratoria should not exceed

90 days. In Sprint Spectrum, L.P. v. City

of Medina, a federal district court found

that a city’s six month moratorium on

the issuance of new special use permits

for wireless communications facilities

did not violate Section 332(c)(3) or

332(c)(7)(A) of the Communications Act.

We seek comment as to what constitutes

a reasonable period of time to permit

local land use authorities to organize

their siting efforts and analyze the

situation. We request that all

commenters supporting a specific length

of time provide a detailed justification

for that length of time, and we request

that state and local governments

advocating moratoria of a certain length

of time include evidence as to the length

of time it has taken historically to

develop a process for handling wireless

siting requests. We seek to determine

also whether such limits should be

applied to all existing moratoria or only

to moratoria that are adopted in the

future.

In addition, we seek comment as to

whether moratoria that are imposed

only against the siting of wireless

facilities of new CMRS entrants but that

permit existing CMRS operators to

construct or modify facilities are

consistent with Sections 253(a) and

332(c)(3) of the Communications Act.

We seek to determine whether such

disparate treatment constitutes

discrimination against new CMRS

providers and is, therefore, invalid entry

regulation, or prohibits or has the effect

of prohibiting entry.

Finally, we tentatively conclude that

moratoria that would otherwise comply

with the above-outlined limitations may

violate Section 332(c)(7)(B)(iv) of the

Communications Act if they are based

upon concerns regarding the

environmental effects of RF emissions.

We seek comment on this tentative

conclusion.

Interested parties should file

comments on the issues raised in this

Public Notice on or before September

11, 1997, and should file reply

comments on or before September 26,

1997. Comments and reply comments

must be filed with the Secretary, FCC

1919 M Street, N.W., Washington, DC

20554. One copy of comments and reply

comments should be sent to Shaun A.

Maher, Esq., Policy & Rules Branch,

Commercial Wireless Division, Wireless

Telecommunications Bureau, Seventh

Floor—Room 93, 2100 M Street, N.W.,

Washington, DC 20554. One copy

should also be sent to the Commission’s

contractor for public service records

duplication, International Transcription

Service, Inc. (ITS), 1231 20th Street,

N.W., Washington, DC 20036. Parties

filing comments in this non-docketed

proceeding should include the internal

reference numbers, DA 96–2140 and

FCC 97–264, on their pleadings.

Parties are encouraged to submit

comments and reply comments on

diskette. Such diskette submissions

would be in addition to and not a

substitute for the formal filing

requirements presented above. Parties

submitting diskettes should submit

them to Shaun A. Maher, at the aboveoutlined address. Such a submission

should be on a 3.5 inch diskette

formatted in an IBM compatible form

using Word Perfect 5.1 for Windows

software. The diskette should be

submitted in ‘‘read only’’ mode, and

should be clearly labelled with the

party’s name, proceeding, type of

pleading (comment or reply comment)

and date of submission.

The full text of all comments and

reply comments will be available for

inspection and duplication during

regular business hours in the

Commercial Wireless Division Public

Reference Room, 2025 M Street, N.W.,

Room 5608, Washington, D.C. 20554.

Copies may also be obtained from

International Transcription Service, Inc.

(ITS), 1231 20th Street, N.W.,

Washington, D.C. 20036, (202) 857–

3800.

We will continue to treat this

proceeding as permit-but-disclose for

purposes of the Commission’s ex parte

rules. See generally 47 CFR §§ 1.1200–

1.1216.

For further information, contact

Shaun A. Maher of the Wireless

Telecommunications Bureau, at 202–

418–7240 (email: smaher@fcc.gov).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–21372 Filed 8–12–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

FEMA Invites State, Tribal, and Local

Government Representation in the

Radiological Emergency Preparedness

(REP) Program Strategic Review

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: Under the authority of the

Unfunded Mandates Reform Act of 1995

and in order to gather information

pursuant to the REP Program strategic

review, FEMA has sent out letters

inviting States and Indian Tribal nations

impacted by the REP Program to

designate representatives to assist

FEMA in its REP Program strategic

review. The designated representatives

may be asked to serve on issue teams,

contribute ideas toward refining

FEMA’s exercise evaluation

methodology, participate in a focus

group discussion that addresses new

REP Program recommendations, or

participate in conference calls.

FOR FURTHER INFORMATION CONTACT: D.

Anne Martin, Deputy Director, Exercises

Division, Preparedness, Training and

Exercises Directorate, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(202) 646–2738.
Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices 43331

Dated: August 1, 1997.

Kay C. Goss,

Associate Director.

[FR Doc. 97–21383 Filed 8–12–97; 8:45 am]

BILLING CODE 6718–06–P

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984.

Interested parties can review or obtain

copies of agreements at the Washington,

DC offices of the Commission, 800

North Capitol Street, N.W., Room 962.

Interested parties may submit comments

on an agreement to the Secretary,

Federal Maritime Commission,

Washington, DC 20573, within 10 days

of the date this notice appears in the

Federal Register.

Agreement No.: 217–011585.

Title: APL–NOL Cross-Utilization

Agreement.

Parties: American President Lines,

Ltd. Neptune Orient Lines, Ltd.

Synopsis: The proposed Agreement

would permit the parties to charter

space to one another aboard vessels

operated by each of them and aboard

vessels operated by third parties on

which the other party has chartered

space in the trade between United States

ports and ports in the Far East in the

Siberia/Pakistan Range.

Agreement No.: 224–002758–015.

Title: Port of Oakland/APL Terminal

Agreement.

Parties: City of Oakland (‘‘Port’’)

American President Lines, Ltd. (‘‘APL’’).

Synopsis: The proposed modification

amends the definition of primary and

secondary use, in order to facilitate the

operations of the ‘‘global alliance’’ in

which APL has entered with certain

other shipping lines.

Agreement No.: 224–003038–005.

Title: Oakland/American President

Lines Terminal Agreement.

Parties: Port of Oakland American

President Lines, Ltd (‘‘APL’’).

Synopsis: The Amendment modifies

the basic Agreement with respect to the

definition of primary and secondary use

in order to facilitate the operations of

the Global Alliance (FMC Agreement

No. 203–011468) to which APL is a

party.

Agreement No.: 224–201012–001.

Title: Nonexclusive Preferential Crane

Assignment Agreement Between Port of

Oakland and American President Line,

Ltd.

Parties: Port of Oakland ‘‘Port’’

American President Lines, Ltd. (‘‘APL’’).

Synopsis: The proposed Amendment

provides that the Port shall sell to APL

three (3) container handling cranes,

together with certain space parts

(‘‘Equipment’’) at Berths 60–63 in the

Port’s Middle Harbor Terminal Area.

Agreement No.: 224–201032.

Title: Port of Palm Beach/Teeters

Brothers Lease Agreement.

Parties: Port of Palm Beach District

(‘‘Port’’) Teeters Brothers Contracting

Corporation (‘‘Teeters Brothers’’).

Synopsis: The proposed Agreement

authorizes the Port to lease to Teeters

Brothers 7,920 square feet of Warehouse

A, The Mullins Property, the Interim

Property, and the South-East Perry

Property, for a period of three years.

Dated: August 7, 1997.

By Order of the Federal Maritime

Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 97–21351 Filed 8–12–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

Agency Holding the Meeting: Board of

Governors of the Federal Reserve

System.

Time and Date: 11:00 a.m., Monday,

August 18, 1997.

Place: Marriner S. Eccles Federal

Reserve Board Building, C Street

entrance between 20th and 21st Streets,

N.W., Washington, D.C. 20551.

Status: Closed.

Matters to be Considered:

1. Proposal regarding a software

contract within the Federal Reserve

System.

2. Personnel actions (appointments,

promotions, assignments,

reassignments, and salary actions)

involving individual Federal Reserve

System employees.

3. Any items carried forward from a

previously announced meeting.

CONTACT PERSON FOR MORE INFORMATION:

Mr. Joseph R. Coyne, Assistant to the

Board; (202) 452–3204. You may call

(202) 452–3207, beginning at

approximately 5 p.m. two business days

before this meeting, for a recorded

announcement of bank and bank

holding company applications

scheduled for the meeting.

Dated: August 8, 1997.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 97–21454 Filed 8–8–97; 4:33 pm]

BILLING CODE 6210–01–P

GENERAL SERVICES

ADMINISTRATION

Budget Concepts Branch; Cancellation

of Standard Form

AGENCY: Office of Management and

Budget.

ACTION: Notice.

SUMMARY: The following Standard Form

is cancelled: SF 132, Apportionment

and Reapportionment Schedule. This

form is replaced by a format prescribed

in OMB Circular A–34.

DATES: Effective August 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Betty Ing Bradshaw, Office of

Management and Budget, (202) 395–

3146.

Dated: July 24, 1997.

Barbara M. Williams,

Deputy Standard and Optional Forms

Management Officer.

[FR Doc. 97–21417 Filed 8–12–97; 8:45 am]

BILLING CODE 6820–34–M

GENERAL SERVICES

ADMINISTRATION

Office of Acquisition Policy, FAR

Secretariat; Revision of SF 129,

Solicitation Mailing List Application

AGENCY: General Services

Administration.

ACTION: Notice.

SUMMARY: The General Services

Administration/FAR Secretariat has

revised SF 129, Solicitation Mailing List

Application.

The form is now authorized for local

reproduction. You can obtain the

updated camera copy in three ways:

On the internet. Address: http://

www.gsa.gov/forms;

From CARM, Attn.: Barbara Williams,

(202) 501–0581; or

From the ‘‘U.S. Government

Management Policy CD-ROM.

FOR FURTHER INFORMATION CONTACT: FAR

Secretariat, (202) 501–4755.

DATES: Effective August 13, 1997.

Dated: July 31, 1997.

Barbara M. Williams,

Deputy Standard and Optional Forms

Management Officer.

[FR Doc. 97–21414 Filed 8–12–97; 8:45 am]

BILLING CODE 6820–34–M