48952 Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations

• Strother Communications, Inc.,

filed on July 30, 1991 in the Digital

Audio Radio Service proceeding (PP–25

in GEN Docket No. 90–357);

• Motorola Satellite Systems, Inc.,

filed on September 4, 1996 for a nongeostationary Fixed Satellite Service in

the 36–51 GHz band (RM–8811 and IB

Docket No. 97–95);

• ProNet, Inc., filed on July 30, 1991

for an electronic tracking service in the

216–220 MHz band (PP–23 in RM–

7784);

• Maritime Telecommunications

Network, Inc., filed on June 2, 1995 for

a digital shipboard earth station service

(PP–34 in RM–7912);

• CruiseCom International, Inc., filed

on April 10, 1992 for a digital shipboard

earth station service (RM–7912);

• AfriSpace, Inc., filed on July 30,

1991 for an international satellite sound

broadcasting service;

• Inner Ear Communications, Inc.,

filed on May 21, 1993 for a low-power

broadcast service in the 72–76 MHz

band;

• Teledesic Corporation, filed on

March 14, 1994 for a low-Earth orbit

satellite service;

• Web SportsNet, Inc. and Gregory D.

Deieso, filed on July 15, 1996 for an

Event Broadcast Stations radio service;

and

• RadioTour/USA, filed on June 17,

1997 for a low-power FM information

broadcasting service.

4. In accordance with the Budget Act,

we are immediately terminating our

pioneer’s preference program and are

dismissing these 13 pioneer’s preference

requests. There may be additional

pioneer’s preference requests of which

we are unaware. If any such requests are

identified, the staff will dismiss them on

delegated authority.

5. Accordingly, it is ordered that the

Commission’s pioneer’s preference

program and ET Docket No. 93–266 are

terminated and parts 0, 1, and 5 of the

Commission’s rules are amended as set

forth, effective upon publication in the

Federal Register. In light of the fact that

these rule changes are mandated by

Congress and we have no discretion, we

find good cause to proceed without

notice and comment and to make the

rule amendments effective less than 30

days after publication in the Federal

Register.

6. It is further ordered that the

requests for pioneer’s preference filed

by Suite 12 Group (now CellularVision

U.S.A.) on September 23, 1991 (PP–22

in RM–7872 and CC Docket No. 92–

297); Sky Station International on

March 20, 1996 (RM–8784 and ET

Docket No. 94–124); Qualcomm

Incorporated on May 4, 1992 (PP–68 in

GEN Docket No. 90–314); Strother

Communications, Inc. on July 30, 1991

(PP–25 in GEN Docket No. 90–357);

Motorola Satellite Systems, Inc. on

September 4, 1996 (RM–8811 and IB

Docket No. 97–95); ProNet, Inc. on July

30, 1991 (PP–23 in RM–7784); Maritime

Telecommunications Network, Inc. on

June 2, 1995 (PP–34 in RM–7912);

CruiseCom International, Inc. on April

10, 1992 (RM–7912); AfriSpace, Inc. on

July 30, 1991; Inner Ear

Communications, Inc. on May 21, 1993;

Teledesic Corporation on March 14,

1994; Web SportsNet, Inc. and Gregory

D. Deieso on July 15, 1996; and

RadioTour/USA on June 17, 1997 are

dismissed. This action is taken pursuant

to sections 4(i), 7(a), 303(g), and 303(r),

of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 157(a),

303(g), 303(r); and section 309(j)(13)(F)

of the Communications Act of 1934, as

amended by the Balanced Budget Act of

1997, Public Law 105–33, 111 Stat. 251

(1997).

List of Subjects

47 CFR Part 0

Organizations and functions.

47 CFR Part 1

Practice and Procedure.

47 CFR Part 5

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Parts 0, 1, and 5 of Chapter I of Title

47 of the Code of Federal Regulations

are amended as follows:

PART 0—COMMISSION

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, 225, unless

otherwise noted.

§ 0.241 [Amended]

2. Section 0.241 is amended by

removing paragraph (f), and

redesignating paragraph (g) as new

paragraph (f).

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for part 1

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303;

Implement, 5 U.S.C. 552 and 21 U.S.C. 853a,

unless otherwise noted.

§ 1.402 [Removed]

2. Section 1.402 is removed.

PART 5—EXPERIMENTAL RADIO

SERVICES (OTHER THAN

BROADCAST)

1. The authority citation in part 5

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066,

1082, as amended; 47 U.S.C. 154, 303.

Interpret or apply sec. 301, 48 Stat. 1081, as

amended; 47 U.S.C. 301.

§ 5.207 [Removed]

2. Section 5.207 is removed.

[FR Doc. 97–24821 Filed 9–17–97; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 193

[Docket No. PS–151; Notice 2]

RIN 2137–AC 88

Liquefied Natural Gas Regulations—

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Confirmation of effective date of

Direct Final Rule.

SUMMARY: This document confirms the

effective date of the amendments of the

direct final rule which incorporated

safety requirements for mobile and

temporary LNG facilities by referencing

National Fire Protection Association

(NAPA) Standard 59A (1996 edition),

Standard for the Production, Storage

and Handling of Liquefied Natural Gas

(LNG).

EFFECTIVE DATES: This document

confirms October 15, 1997, as the

effective date of the addition of

§ 193.2019 to part 193 in the direct final

rule, published on August 1, 1997, at 62

FR 41312.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, telephone: (202) 366–4571,

or e-mail: mike.israni@rspa.dot.gov,

regarding the subject matter of this

document, or the Dockets Unit (202)

366–5046, for copies of this document

or other information in the docket.

SUPPLEMENTARY INFORMATION:

Background

On August 1, 1997, RSPA published

a direct final rule (62 FR 41312) titled

‘‘Liquefied Natural Gas Regulations—

Miscellaneous Amendments.’’ In that

rule, RSPA stated that if no adverse

comments were received by September
Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations 48953

1We are also removing from § 1001.4 the

provision that certification of records shall be made

under seal, as this is not the only means of

certification used by the Board.

2The rules were not revised when the statute was

recodified in 1978, even though changes to

terminology had been made. For example, under

section 20(5) of the Interstate Commerce Act, ‘‘any

duly authorized special agent, accountant, or

examiner’’ could copy ‘‘accounts, books, records,

memoranda, correspondence, and other

documents.’’ The regulations in § 1000.5 use this

language. However, in the recodification of the

Interstate Commerce Act at former 49 U.S.C. 11144,

for the sake of clarity ‘‘an employee designated by

the Commission’’ was substituted for ‘‘any duly

authorized special agent, accountant, or examiner’’,

and, to comport with 5 U.S.C. 552(a) (the Freedom

of Information Act), ‘‘records’’ replaced ‘‘accounts,

books, records, memoranda, correspondence, and

other documents.’’ H. Rep. No. 1395, 95th Cong., 2d

Sess. 147 (1978).

3We note that part 1011, concerning delegations

of authority, contains a number of obsolete

provisions. We will soon be issuing a decision that

updates the remainder of part 1011.

2, 1997, it would publish a confirmation

notice in the Federal Register by

September 30, 1997, and if an adverse

comment was received, RSPA would

issue a notice to confirm that fact and

would withdraw the direct final rule in

whole or in part. The rule also stated

that RSPA might then incorporate the

adverse comment(s) into a subsequent

direct final rule or might publish a

notice of proposed rulemaking.

RSPA received three comments. All

commenters supported RSPA’s action

on mobile and temporary LNG facilities.

There were no adverse comments.

Therefore, this document confirms the

addition of § 193.2019 to part 193 in the

direct final rule, effective October 15,

1997.

Issued in Washington, DC, on September

15, 1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–24847 Filed 9–17–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Parts 1000, 1001, and 1011

[STB Ex Parte No. 568]

Modifications to the General

Provisions of the Board

AGENCY: Surface Transportation Board.

ACTION: Final rules.

SUMMARY: The Board revises its

regulations to reflect: the elimination of

certain functions; the closing of field

offices; nomenclature changes resulting

from the transfer of functions from the

Interstate Commerce Commission to the

Surface Transportation Board; and the

removal of unnecessary rules.

EFFECTIVE DATE: These rules are effective

September 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Beryl Gordon, (202) 565–1600. (TDD for

the hearing impaired: (202) 565–1695.)

SUPPLEMENTARY INFORMATION: The

Surface Transportation Board (Board or

STB) is revising parts 1000, 1001, and

1011 of its regulations to reflect changes

made by the ICC Termination Act of

1995, Pub. L. 104–88, 109 Stat. 803

(1995) (ICCTA). The ICCTA abolished

the Interstate Commerce Commission

(ICC) and transferred certain functions

to the Board. Some of the modifications

we are making are only nomenclature

revisions (changing Interstate Commerce

Commission to Surface Transportation

Board, for example). Other rules are

being changed to reflect substantive

revisions of the statute. Some rules are

being revised because the statutes upon

which they are based have been

eliminated. Other regulations are being

removed because they are of limited

utility or, even if updated, would

basically only repeat what is now in the

statute.

Part 1000

We are eliminating §§ 1000.1 and

1000.5. At this time, we are not making

any changes in § 1000.10, concerning

the availability of decisions not

published in the Federal Register. We

will issue soon a decision dealing

separately with the necessary revisions

to § 1000.10.

Section 1000.1 concerns the official

seal of the ICC. Former 49 U.S.C.

10301(g) provided that the ICC ‘‘shall

have a seal that shall be judicially

recognized.’’ Former 49 U.S.C. 10303(b)

stated in part that ‘‘(a) public

record * * * certified by the Secretary

under the seal of the (ICC) is competent

evidence in a proceeding of the

Commission and in a judicial

proceeding.’’ Under the ICCTA, these

references to the seal have been deleted:

the ICCTA eliminated former section

10303; and it revised former section

10301 (which is now codified at 49

U.S.C. 701), deleting any references to

the seal.

The Board has its own seal, which is

employed as one method of certifying

the index of the record and copies of

documents in the record. Because it is

not statutorily required, however, we do

not believe that it is necessary to

include the Board’s seal in the Code of

Federal Regulations. 1

Section 1000.5 describes the records

and property of carriers and other

persons that are subject to inspection

and examination by ‘‘special agents,

accountants, and examiners.’’ It lists the

employees who are considered special

agents, accountants, and examiners,

provides that the Chairman can

designate other employees, and contains

a facsimile of the ICC’s credentials.

The § 1000.5 regulations are based on

former section 20(5) of the Interstate

Commerce Act, later recodified at

former 49 U.S.C. 11144.2 The ICCTA

maintained these provisions in new 49

U.S.C. 11144, 14122, and 15721.

Retaining and updating these

regulations to reflect the new law is

unnecessary, because such rules would

simply repeat the provsions set forth in

the statute. We will amend 49 CFR

1011.5, however, which covers

delegations of authority to the

Chairman,3 to provide that the

Chairman of the Board shall specify in

writing the employees authorized to

inspect and copy records and to inspect

and examine lands, buildings, and

equipment pursuant to 49 U.S.C. 11144,

14122 , and 15721.

The ICC credentials shown in § 1000.5

are outdated, and we see no point in

codifying a facsimile of the Board’s

credentials. We do not believe that the

public would turn to the Code of

Federal Regulations to verify a Board

employee’s credentials. We believe that

rules are more appropriately used to

provide more meaningful guidance as to

Board procedures or Board policy

regarding substantive issues.

Part 1001

Part 1001 deals with two separate

matters: the availability and certification

of records (§§ 1001.1 to 1001.4); and

Freedom of Information Act (FOIA)

issues (§§ 1001.5 and 1001.6). The FOIA

sections were not substantively affected

by the ICCTA and, therefore, we are

simply changing ICC references to STB

references and making other minor

changes in those sections. We are also

changing the ICC references in the

records sections and updating retained

statutory references.

The ICCTA made other changes that

require modifying the rules. Section

1001.1(a) is being amended to reflect the

new tariff and contract summary filing

requirements and to recognize that

government quotations are no longer

filed at the Board. We are removing

§ 1001.1(c) (concerning reports, maps,

and profiles), which is based on

repealed 49 U.S.C. 10783. The language

of § 1001.1(d) is being simplified and

obsolete references are being deleted.

We are removing §§ 1001.2 and 1001.3,

because the field offices formerly