Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45171

1The amount actually appropriated for ‘‘facilities

compensation’’ was $3,500,000 in 1984, see S. Rep.

98–514, to accompany H.R. Bill 5712, 98th Cong.

2nd Sess. The Committee on Appropriations noted

that it expected to be informed of the need for

additional funds up to the $5,000,000 authorized.

2 Indeed, in 1990, when Congress authorized the

TV Marti station, Congress debated whether to fund

a compensation program for broadcasters, and

chose not to do so. Instead, Congress specified

alternative means for resolving any interference

problems that would result from the establishment

of the TV Marti program. For example, a task force

was established for dealing with interference

complaints and the FCC was instructed to monitor

and report objectionable interference to appropriate

Congressional committees. See Conf. Rep. Foreign

Relations Authorization Act, Fiscal Years 1990 and

1991, 101 Cong. 1st Sess., Rep. 101–343. Congress

also authorized the FCC to make technical changes

Continued

be challenged later in proceedings to

enforce its requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Reporting and recordkeeping

requirements, Particulate matter.

Dated: August 14, 1997.

David A. Ullrich,

Acting Regional Administrator.

For the reasons stated in the

preamble, part 52, chapter I, title 40 of

the Code of Federal Regulations is

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.776 is amended by

adding paragraph (q) to read as follows:

§ 52.776 Control strategy: Particulate

matter.

* * * * *

(q) Approval—On April 8, 1993, and

supplemented on June 17, 1997, the

State of Indiana submitted a

maintenance plan and a request that

sections 15, 16, 21, 22, 27, 28, 33 and

34 of Clinton Township in Vermillion

County be redesignated to attainment of

the National Ambient Air Quality

Standard for particulate matter. The

redesignation request and maintenance

plan satisfy all applicable requirements

of the Clean Air Act.

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In section 81.315, in the table

entitled ‘‘Indiana—PM–10,’’ the entry

for Vermillion County is amended to

read as follows:

§ 81.315 Indiana.

* * * * *

INDIANA—PM–10

Designated area

Designation Classification

Date Type Date Type

* * * * * * *

Vermillion County Part of Clinton Township, including sections 15, 16, 21, 22, 27, 28, 33

and 34.

Oct. 27, 1997 ............ Attainment.

* * * * * * *

* * * * *

[FR Doc. 97–22667 Filed 8–25–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 97–266]

Compensation of Costs of Mitigating

Cuban Interference

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Order removes the

Commission’s rules implementing

Section 7 of the Radio Broadcasting to

Cuba Act: Compensation of Costs of

Mitigating Cuban Interference because

the funding for this activity was only

authorized for a four year period from

the date of the first Radio Marti program

broadcast, May 20, 1985. Congress has

made no further appropriations for this

activity.

EFFECTIVE DATE: August 26, 1997.

FOR FURTHER INFORMATION CONTACT: Ana

Janckson-Curtis, Compliance and

Information Bureau, (202) 418–1160.

SUPPLEMENTARY INFORMATION: Adopted:

July 28, 1997. Released: August 4, 1997.

1. This Order removes the provisions

listed in Subpart M of Part 1 of the

Commission’s Rules, implementing

section 7 of the Radio Broadcasting to

Cuba Act, Pub. L. 98–111, 97 Stat. 749

(1983). This subpart includes Sections

1.1701 through 1.1712 of the

Commission’s Rules 47 CFR 1.1701–

1.1712.

2. The Radio Broadcasting to Cuba

Act established a domestic radio

broadcast service to Cuba. Because

Congress expected the government of

Cuba to retaliate for these broadcasts by

interfering with or jamming U.S.

broadcast stations, Congress also

adopted Section 7 of the Radio

Broadcasting to Cuba Act. This

provision authorized the Federal

Communications Commission (FCC) to

determine levels of jamming and

interference to U.S. radio broadcasting

stations by Cuba through regular

monitoring of the 1180 AM frequency.

Under Section 7, the Commission

became responsible for establishing

interference measurement criteria to

assist in settling compensation claims

brought by U.S. radio broadcasting

station licensees for costs incurred in

mitigating the effects of jamming

activities by the Government of Cuba.

3. To implement Section 7, the

Commission adopted regulations setting

forth the technical standards,

requirements and procedures for

affected broadcast stations to file a

claim, and the standards and procedures

to be used by the FCC staff to verify the

level of interference received by the

stations. Congress specifically stated in

section 7(e), however, that ‘‘[f]unds

appropriated for implementation of this

section shall be available for a period of

no more than four years following the

initial broadcast occurring as a result of

the program described in this Act.’’ 1

4. The first Radio Marti broadcast

occurred on May 20, 1985. Since then,

Congress has made no further

authorization or appropriation of funds

for the Radio Marti compensation

program. 2 In the circumstances, we
45172 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

to resolve interference to affected stations. See S.

Rep. No. 46, 101st Cong., 1st Sess., 41 (1989).

conclude that the compensation

program set forth in Section 7 of the

Radio Broadcasting to Cuba Act has

elapsed and, therefore, removal of the

rules implementing Section 7 of the

Radio Broadcasting to Cuba Act is

warranted. For the same reason, we

have removed Section 0.61(g), 47 CFR

0.61(g), which gave the Mass Media

Bureau responsibility for processing

compensation claims resulting from the

Radio Marti operations. Similarly, we

have deleted OMB control numbers

3060–0344 and 3060–0345 from the list

of OMB control numbers assigned

pursuant to the Paperwork Reduction

Act, Public Law 104–13, and set forth in

Section 0.408, 47 CFR 0.408. These

control numbers identified the

Commission’s forms used to file

compensation claims at issue.

5. Because this order will remove

rules which are no longer authorized by

a statute, this change constitutes a

minor amendment to our rules. The

expiration of Congress’ authorization to

carry out the compensation program

makes the removal of the rules

implementing the compensation

program a ministerial function.

Therefore, we find for good cause that

compliance with the notice and

comment procedure of the

Administrative Procedure Act is

unnecessary and that this action is not

subject to the thirty day effective period

required by section 553(d) of the

Administrative Procedure Act, 5 U.S.C.

§ 553(d). Accordingly, this Order is

effective immediately upon publication

in the Federal Register. (See 5 U.S.C.

§ 553(b)(B)).

6. Accordingly, it is ordered, that

pursuant to Sections 4(i), 4(j), and 303(r)

of the Communications Act, 47 U.S.C.

§§ 154(i), 154(j), 303(r), 47 CFR part 1,

is amended to remove Subpart M, which

consists of Sections 1.1701 through

1.1712.

7. It is further ordered that this Order

will be effective on August 26, 1997.

8. Further information on this

proceeding may be obtained by

contacting Ana Janckson-Curtis,

Compliance and Information Bureau, at

(202) 418–1160.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0 and 1 of Title 47 of the Code

of Federal Regulations are amended as

follows:

PART 0—ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Sec. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

§ 0.61 Functions of the Bureau.

2. Section 0.61 is amended by

removing and reserving paragraph (g).

§ 0.408 OMB control number and

expiration dates assigned pursuant to the

Paperwork Reduction Act.

3. Section 0.408 is amended by

removing the entries for OMB Control

Nos. 3060–0344 and 3060–0345.

PART 1—PRACTICE AND

PROCEDURE

4. The authority citation for part 1

continues to read as follows:

Authority: 47 U.S.C. 151, 154, 207, 303,

and 309(j), unless otherwise noted.

5. Subpart M of part 1, consisting of

§§ 1.1701 through 1.1712, is removed

and reserved.

[FR Doc. 97–22117 Filed 8–25–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 74–14; Notice 121]

RIN 2127—AG94

Federal Motor Vehicle Safety

Standards; Occupant Crash

Protection; Occupant Protection in

Interior Impact

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for

comments.

SUMMARY: In March 1997, NHTSA

temporarily amended the agency’s

occupant crash protection standard to

ensure that vehicle manufacturers can

quickly depower all air bags so that they

inflate less aggressively. More

specifically, the agency adopted an

unbelted sled test protocol as a

temporary alternative to the standard’s

full scale unbelted barrier crash test.

NHTSA took this action to provide an

immediate, but interim, solution to the

problem of the fatalities and injuries

that current air bags are causing in

relatively low speed crashes to small,

but growing numbers of children, and

occasionally to adult occupants.

This document makes a further

amendment to the agency’s occupant

crash protection standard, so that a

special, less stringent test requirement

in a related standard that applies to

vehicles certified to the unbelted barrier

test will also apply to vehicles certified

to the alternative sled test. This action

is necessary to prevent a delay in

depowering. NHTSA also solicits

comments on this amendment.

DATES: Effective date: The amendments

made by this interim final rule are

effective August 26, 1997.

Comments: Comments must be

received on or before October 27, 1997.

ADDRESSES: Comments should refer to

the docket and notice number of this

notice and be submitted to: Docket

Section, Room 5109, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590. (Docket Room hours are 9:30

a.m.–4 p.m., Monday through Friday.)

FOR FURTHER INFORMATION CONTACT:

For information about air bags and

related rulemakings: Visit the NHTSA

web site at http://www.nhtsa.dot.gov

and select ‘‘AIR BAGS: Information

about air bags.’’

For non-legal issues: Mr. Clarke

Harper, Chief, Light Duty Vehicle

Division, NPS–11, National Highway

Traffic Safety Administration, 400

Seventh Street, SW, Washington, DC

20590. Telephone: (202) 366–2264. Fax:

(202) 366–4329.

For legal issues: J. Edward Glancy,

Office of Chief Counsel, NCC–20,

National Highway Traffic Safety

Administration, 400 Seventh Street, SW,

Washington, DC 20590. Telephone:

(202) 366–2992. Fax: (202) 366–3820.

SUPPLEMENTARY INFORMATION: On March

19, 1997, NHTSA published in the

Federal Register (62 FR 12960) a final

rule temporarily amending Standard No.

208, Occupant Crash Protection, to

ensure that vehicle manufacturers can

quickly depower all air bags so that they

inflate less aggressively. More

specifically, the agency adopted an

unbelted sled test protocol,

recommended by the American

Automobile Manufacturers Association

(AAMA), as a temporary alternative to

Standard No. 208’s full scale unbelted

barrier crash test. The agency did not

change the standard’s full scale belted

barrier crash test.

NHTSA took this action to provide an

immediate, but interim, solution to the

problem of the fatalities and injuries

that current air bags are causing in

relatively low speed crashes to small,

but growing numbers of children, and

occasionally to adult occupants. The