Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations 48951

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5893–3]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Bruin

Lagoon Site from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Bruin Lagoon Site (Site) in Bruin

Borough, Pennsylvania from the

National Priorities List (NPL). The NPL

is Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Contingency Plan (NCP),

which EPA promulgated pursuant to

section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. EPA and the

Commonwealth of Pennsylvania have

determined that all appropriate Fundfinanced responses under CERCLA have

been implemented. Moreover, EPA and

the Commonwealth of Pennsylvania

have determined that remedial actions

conducted at the Site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: September 18, 1997.

ADDRESSES: Comprehensive information

on this Site is available through

thepublic docket which is available for

viewing at the Site information

repositories at the following locations:

Hazardous Waste Technical Information

Center, 9th Floor, EPA Region III, 841

Chestnut Building, Philadelphia, PA,

19107, (215) 566–5364. Bruin Borough

Fire Hall, 161 Water Street, Bruin

Borough, PA 16022, (412)–753–2622.

FOR FURTHER INFORMATION CONTACT:

Garth Connor, Remedial Project

Manager, EPA Region III, 841 Chestnut

Building, Philadelphia, PA 19107. 215–

566–3209.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Bruin

Lagoon, Bruin Borough, Pennsylvania.

A notice of intent to delete for this

site was published July 17, 1997 (62 FR

38239). The closing date for comments

on the notice of intent to delete was

August 18, 1997. EPA received no

comments.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL. Deletion of

a site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental Protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous substances,

Hazardous waste, Intergovernmental

relations, Superfund, Water supply.

Dated: September 9, 1997.

W. Michael McCabe,

Regional Administrator, EPA Region III.

For the reason set out in the preamble,

40 CFR part 300 is amended as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

191 Comp., p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site ‘‘Bruin

Lagoon, Bruin Borough, Pennsylvania.’’

[FR Doc. 97–24546 Filed 9–17–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 0, 1, and 5

[ET Docket No. 93–266; ET Docket No. 94–

124, RM–8784; CC Docket No. 92–297, RM–

7872, PP–22; GEN Docket No. 90–314, PP–

68; GEN Docket No. 90–357, PP–25; IB

Docket No. 97–95, RM 8811; RM–7784, PP–

23; RM–7912, PP–34, et. al.; FCC 97–309]

Pioneer’s Preference Rules

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to recent

Congressional legislation, this Order

terminates the Commission’s pioneer’s

preference program and dismisses all

pending pioneer’s preference requests.

EFFECTIVE DATE: September 18, 1997.

FOR FURTHER INFORMATION CONTACT:

Rodney Small, Office of Engineering

and Technology, (202) 418–2452.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Order, ET

Docket 93–266, FCC 97–309, adopted

August 29, 1997, and released

September 11, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC, and also may be

purchased from the Commission’s

duplication contractor, International

Transcription Service, (202) 857–3800,

1231 20th Street, NW., Washington, DC

20036.

Summary of the Order

1. Our pioneer’s preference program

was initiated in 1991. The program

provided preferential treatment in our

licensing processes for parties that made

significant contributions to the

development of a new spectrum-using

service or to the development of a new

technology that substantially enhanced

an existing spectrum-using service.

Approximately 140 parties applied for

pioneer’s preferences in various

services, and five preferences were

granted.

2. The Commission no longer has the

authority to grant pioneer’s preferences.

On August 5, 1997, the President signed

into law the Balanced Budget Act of

1997 (Budget Act), Public Law 105–33,

111 Stat. 251 (1997). The Budget Act

amends section 309(j)(13)(F) of the

Communications Act to provide that

‘‘[t]he authority of the Commission to

provide preferential treatment in

licensing procedures * * * shall expire

on the date of enactment of the

Balanced Budget Act of 1997.’’ Thus, as

of August 5, the Commission’s authority

to grant any applicant a pioneer’s

preference expired.

3. The Commission has the following

pioneer’s preference requests pending

before it:

• Suite 12 Group (now CellularVision

U.S.A.), filed on September 23, 1991 in

the 28 GHz Local Multipoint

Distribution Service proceeding (PP–22

in RM–7872 and CC Docket No. 92–

297);

• Sky Station International, filed on

March 20, 1996 for a global

stratospheric telecommunications

service in the 47.2–47.5 GHz and 47.9–

48.2 GHz bands (RM–8784 and ET

Docket No. 94–124);

• Qualcomm Incorporated, filed on

May 4, 1992 in the broadband Personal

Communications Services proceeding

(PP–68 in GEN Docket No. 90–314);