Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48773

participate in the rulemaking process.

The NPRM for this rulemaking

specifically asked small entities to

comment if they thought this

rulemaking would have a significant

economic impact on their business. In

addition, the Coast Guard held a public

meeting at U.S. Coast Guard

Headquarters on November 17, 1993, to

hear public comment on the

rulemaking. Based on the comments

received on the NPRM, the Coast Guard

revised the regulations to lessen the

burden on small entities. For example,

the Coast Guard has limited these

regulations to tank vessels with a cargo

carrying capacity of more than 1,000 M3

to accommodate those small entities

that do not pose as large an

environmental threat, yet would incur

substantial cost if overfill devices were

required. Even with the restricted

application, this final rule covers 21

tankships and 391 tank barges which are

owned and operated by small

companies. The Coast Guard has

provided further flexibility for the

affected small entities by permitting the

alternative of high-level indicating

devices for tank barges. This is a less

expensive option and is less costly for

the smaller entities contained within the

tank barge industry. If you are a small

entity affected by this final rule and

need further help determining how this

rule applies to you, please contact the

Coast Guard Officer in Charge of Marine

Inspection identified in 33 CFR part 3

that is nearest to your vessel’s operation.

Collection of Information

This final rule provides for collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). As required by 5 U.S.C. 3507(d),

the Coast Guard has submitted a copy of

this rule to the Office of Management

and Budget (OMB) for its review of the

collection of information. OMB has

approved the collection. Section

number 155.750 is approved under

OMB control #2115–0121 which expires

February 28, 2000. Section 156.150 was

approved by OMB under OMB 2115–

0506 and is currently under their review

for renewal.

Persons are not required to respond to

a collection of information unless it

displays a currently valid OMB control

number.

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment. One comment requested

that State and municipalities be allowed

to adopt stricter requirements than these

Federal regulations. The Coast Guard

has determined that the standards for

overfill devices in this final rule are

vessel design requirements and

therefore, preclude States or

municipalities from adopting

requirements for tank vessels operating

in interstate or foreign commerce, that

differ from those contained in this rule.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that preparation of an

Environmental Impact Statement is not

necessary. An Environmental

Assessment and a Finding of No

Significant Impact are available in the

docket for inspection or copying where

indicated under ADDRESSES. The

Environmental Assessment discusses

the action, subsequent expected

environmental impacts, and the overall

need for the action. These regulations

are not expected to result in a

significant impact on the quality of the

human environment because overfills

tend to result in relatively small spills.

List of Subjects

33 CFR Part 155

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements.

33 CFR Part 156

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements, Water pollution control.

For the reasons set forth in the

preamble, the interim rule amending 33

CFR parts 155 and 156, which was

published in 59 FR 53286 on October

21, 1994, is adopted as a final rule with

the following changes:

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155

and the note following the citation is

revised to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715; sec. 2, E.O. 12777, 56 FR

54757, 3 CFR, 1991 Comp., p. 351; 49

CFR 1.46. Sections 155.100 through

155.130, 155.350 through 155.400,

155.430, 155.440, 155.470, 155.1030 (j)

and (k), and 155.1065(g) also issued

under 33 U.S.C. 1903(b); and

§§ 155.1110 through 155.1150 also

issued under 33 U.S.C. 2735.

Note: Additional requirements for vessels

carrying oil or hazardous materials are

contained in 46 CFR parts 30 through 36, 33

CFR parts 150, 151, 153, and 157.

2. In § 155.100, revise paragraph (a)

introductory text and add a new

paragraph (c) to read as follows:

§ 155.100 [Amended].

(a) Subject to the exceptions provided

for in paragraph (b) and (c) of this

section, this part applies to each ship

that:

* * * * *

(c) Section 155.480 applies to each

tank vessel with a cargo capacity of

1,000 or more cubic meters

(approximately 6,290 barrels), loading

oil or oil reside as cargo that is operated

under the authority of the United States,

wherever located, or operated under the

authority of a country other than the

United States while in the navigable

waters of the United States, or while at

a port or terminal under the jurisdiction

of the United States.

3. In § 155.480, revise paragraphs (b)

introductory text and (f) to read as

follows:

§ 155.480 Overfill devices.

* * * * *

(b) Each tank vessel with a cargo

capacity of 1,000 or more cubic meters

(approximately 6,290 barrels), loading

oil or oil residue as cargo, must have

one overfill device that is permanently

installed on each cargo tank and meets

the requirements of this section.

* * * * *

(f) This section does not apply to tank

vessels that carry asphalt, animal fat, or

vegetable oil as their only cargo.

Dated: September 4, 1997.

R.D. Herr,

Vice Admiral, U.S. Coast Guard, Acting

Commandant.

[FR Doc. 97–24586 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[MD Docket No. 96–186; FCC 97–215]

Assessment and Collection of

Regulatory Fees for Fiscal Year 1997;

Correction

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document corrects a

footnote in the FCC’s Report and Order

for the final rule regarding Assessment

and Collection of Regulatory Fees for

Fiscal Year 1997, published in the
48774 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

Federal Register issue of July 11, 1997

(62 FR 37408).

EFFECTIVE DATE: September 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Terry D. Johnson, 202–418–0445; email: Tjohnson@fcc.gov.

SUPPLEMENTARY INFORMATION: This

document corrects footnote 23 of the

Report and Order in the abovecaptioned proceeding, which appeared

on page 37416 in the Federal Register

issue of July 11, 1997 (62 FR 37416).

Footnote number 23 associated with

paragraph 50 erroneously stated that the

AM station population was determined

using the 1mV/m field strength contour,

and it further stated that the FM station

population was determined using the 60

dBuV/m contour. For all AM stations,

the 0.5 mV/m contour was used. For

Class B FM stations, the 54 dBuV/m

contour was used. For Class B1 FM

stations, the 57 dBuV/m contour was

used. For all other FM Classes, the 60

dBuV/m contour was used.

Correction

Therefore, footnote 23 should be

corrected to read as follows:

DataWorld MediaXpert Service prepared

for NAB a calculation of the signal coverage

for each station, and overlaid this data onto

1990 decennial census population data to

estimate the population contained within

each station’s signal coverage area. For each

AM station, estimated soil conductivity data

was retrieved for each of 360 radial azimuths

around the transmitter site, the standard

horizontal plane radiation pattern was

calculated and any pertinent pattern

augmentations applied, and the distance to

the 0.5 mV/m field strength contour for each

of the 360 radials was calculated using the

appropriate propagation curves and the FCC

equivalent distance method. For each FM

station, terrain averages were calculated from

the USGS/DMA 3 arc second terrain database

for each of 360 radial azimuths, the HAAT

was calculated using the height of the center

of radiation AMSL and processed with FM

contour calculation software, pertinent

directional antenna information was applied,

and the distance to the 54 dBuV/m (for Class

B stations), 57 dBuV/m (for Class B1

stations), or 60 dBuV/m (for all other classes

of station) contour was calculated using the

appropriate FCC F[50,50] curves. For both

AM and FM, the distance to contour data was

applied to population counting software

using 1990 census data to determine the total

population within each station’s coverage

area.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–24724 Filed 9–16–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 52

[CC Docket No. 95–116; FCC 97–289]

Telephone Number Portability

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Second Report and Order

(Order) released August 18, 1997

adopts, with minor modifications the

recommendations of the North

American Numbering Council relating

to local number portability

administration. The requirements,

standards and procedures adopted in

this Order are needed to give the

telecommunications industry clear

guidelines as to how to implement longterm local number portability.

DATES: The final rule is effective

October 17, 1997. The incorporation by

reference of certain publications listed

in the rule is approved by the Director

of the Federal Register as of October 17,

1997.

FOR FURTHER INFORMATION CONTACT:

Steven Teplitz, Attorney, Common

Carrier Bureau, Policy and Program

Planning Division, (202) 418–1580.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Report and Order adopted August 14,

1997, and released August 18, 1997. The

full text of this Order is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 1919 M St., N.W., Room 239,

Washington, D.C. 20554 or at the Office

of the Federal Register, 800 North

Capitol Street, N.W., Suite 700,

Washington, D.C. The complete text also

may be obtained through the World

Wide Web, at http://www.fcc.gov/

Bureaus/Common Carrier/Orders/fcc97–

289.wp, or may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th St.,

N.W., Washington, D.C. 20036.

Regulatory Flexibility Analysis

As required by the Regulatory

Flexiblity Act, the Order contains a

Final Regulatory Flexibility Analysis

which is set forth in the Order. A brief

description of the Final Regulatory

Flexibility Analysis follows.

Pursuant to section 604 of the

Regulatory Flexibility Act, the

Commission performed a

comprehensive analysis of the Second

Report and Order with regard to small

entities. This analysis includes: (1) a

succinct statement of the need for, and

objectives of, the Commission’s

decisions in the Second Report and

Order; (2) a summary of the significant

issues raised by the public comments in

response to the initial regulatory

flexibility analysis, the final regulatory

analysis of the First Report and Order

and Further Notice of Proposed

Rulemaking, 61 FR 38605 (July 25,

1996) (First Report & Order) and the

supplemental final regulatory analysis

of the First Memorandum Opinion and

Order on Reconsideration, 62 FR 18280

(April 15, 1997) (First Order on

Reconsideration), and a summary of the

Commission’s assessment of these

issues; (3) a description of and an

estimate of the number of small entities

to which the Second Report and Order

will apply; (4) a description of the

projected reporting, recordkeeping and

other compliance requirements of the

Second Report and Order, including an

estimate of the classes of small entities

which will be subject to the requirement

and the type of professional skills

necessary for compliance with the

requirement; and (5) a description of the

steps the Commission has taken to

minimize the significant economic

impact on small entities consistent with

the stated objectives of applicable

statutes. The requirements and rule

adopted in this Second Report and

Order are necessary to implement the

provisions of the Telecommunications

Act of 1996.

Synopsis of Second Report and Order

Introduction

1. On June 27, 1996, the Commission

adopted the First Report and Order and

Further Notice of Proposed Rulemaking,

61 FR 38605 (July 25, 1996) (First Report

& Order) in this docket. The First Report

& Order established rules designed to

implement section 251(b) of the

Communications Act of 1934, as

amended (the Act), which requires all

local exchange carriers (LECs) to offer,

‘‘to the extent technically feasible,

number portability in accordance with

requirements prescribed by the

Commission.’’ 47 U.S.C. § 251(b)(2).

Among other things, in the First Report

& Order, the Commission directed the

North American Numbering Council

(NANC) to make recommendations

regarding specific aspects of local

number portability implementation. The

NANC forwarded its recommendations

to the Commission on May 1, 1997, in

a report from its Local Number

Portability Administration Selection

Working Group, dated April 25, 1997

(Working Group Report).