Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules 59331

(5) No amendment shall be granted

where more than 49% of the voting

interest will be beneficially owned by

foreign persons or nations.

(c) If the acquisition by any person(s)

or nation(s) of any security or other

financial interest of the licensee,

regardless of the percentage acquired,

will result in a transfer of sufficient

voting power to control the

management, policies, and/or

operations of the licensee; or if any

person(s) or nation(s) will through a

contractual relationship or any other

means obtain the ability to control the

management, policies and/or operations

of the licensee, the licensee must file an

amendment application in accordance

with § 960.13 at least 90 days prior to

acquisition. There is a strong

presumption that the transfer of such an

interest to foreign persons or nations

will not preserve the national security

or international obligations of the

United States and will not be approved.

(d) The provisions of this section

apply only to licensees that are subject

to U.S. jurisdiction or control under

§ 960.2(a). Foreign persons that are

subject to U.S. jurisdiction or control

under § 960.2(b) shall report changes in

their financial interests in accordance

with the terms and conditions of their

licensees.

§ 960.15 Certain rights not conferred by

license.

Issuance of a license does not affect

the authority of the Federal

Communications Commission under the

Communications Act of 1934 (47 U.S.C.

151 et seq.), or the authority of the

Secretary of Transportation under the

Commercial Space Launch Act of 1984

(49 U.S.C. app. 2601 et seq.), the

authority of the Secretary under the

Export Administration Act (50 U.S.C.

app. 2401 et seq.), or the authority of the

Secretary of State under the Arms

Export Control Act (22 U.S.C. 2778).

Subpart C—Enforcement Procedures

§ 960.16 General.

The Administrator may take

appropriate actions against a licensee if

the licensee fails to comply with the

Act, these regulations, or any condition

or restriction in the license, Such

actions may include any or all of the

following: pursuit of judicial

determinations to terminate, modify or

suspend licenses or to terminate

licensed operations, administratively

imposed civil penalties, and seizure

pursuant to warrant. Such actions shall

be taken in accordance with this

subpart.

§ 960.17 Prohibitions.

It is unlawful for any person who is

subject to the jurisdiction or control of

the United States, directly or through

any subsidiary or affiliate to:

(a) Operate a private remote sensing

system without possession of a valid

license issued under the Act and these

regulations;

(b) Violate any provision of the Act or

these regulations or any term, condition,

or restriction of the license; or

(c) Violate any order, directive, or

other notice issued by the Secretary in

accordance with § 960.10(b)(2) to inform

the licensee of any temporary

restrictions imposed or necessary

actions to be followed during periods

when national security or international

obligations/and or foreign policies may

be compromised.

§ 960.18 Sanctions.

As authorized by section 203(a) of the

Act, if the Administrator determines

that the licensee has substantially failed

to comply with the Act, these

regulations, or any term, condition or

restriction of the license, the

Administrator may request the

appropriate U.S. Attorney to seek an

order of injunction or similar judicial

determination from the U.S. District

Court for the District of Columbia

Circuit or a U.S. District Court within

which the licensee resides or has its

principal place of business, to

terminate, modify, or suspend the

license, and/or to terminate licensed

operations on an immediate basis. For

purposes of this section, failure to

comply with the Act, these regulations

or a term, condition, or restriction of a

license or of the Act shall be considered

substantial where

(a) The failure is knowing; or

(b) The failure occurs after notice by

the Administrator; or

(c) The licensee has been advised that

it failed to comply with an international

obligation, foreign policy or national

security concern of the United States.

§ 960.19 Civil penalties.

(a) In addition to the sanctions

provided in § 960.16, any person who

violates any provision of the Act or of

any license issued thereunder or

regulation contained in this part may be

assessed a civil penalty by the

Administrator of not more that $10,000

for each violation. Each day of operation

in violation constitutes a separate

violation.

(b) When the Administrator proposes

the assessment of a civil penalty under

this section, the Administrator will

serve upon the licensee by mail a Notice

of Civil Penalty and Assessment

(Notice) containing:

(1) A concise statement of the facts

believed to show a violation;

(2) A specific reference to the

provisions of the Act, regulation, or

license allegedly violated;

(3) The amount of the proposed

penalty in accordance with paragraph

(a) of this section.

(c) Within 30 days after receipt of the

Notice, the licensee may request a

hearing by serving a written request on

the Administrator either in person or by

certified or registered mail, return

receipt requested, at the address

specified in the Notice. Such hearing

shall be held in accordance with

procedures set forth at 15 CFR part 904,

supart C.

(d) If the respondent does not request

a hearing within thirty days of the date

of the Notice, the civil penalty and the

assessment shall become the final

determination of the Administrator.

§ 960.20 Seizure.

If the Administrator believes that any

object, record, or report, was used, is

being used or is likely to be used in

violation of the Act, these regulations or

any condition or restriction of the

license, the Administrator may seek a

warrant from a magistrate to seize such

item(s) by showing probable cause for

this belief. Seizure shall be conducted

in accordance with 15 CFR part 904,

subpart F.

[FR Doc. 97–28948 Filed 10–31–97; 8:45 am]

BILLING CODE 3510–12–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 083–0053b; FRL–5911–5]

Approval and Promulgation of State

Implementation Plans; California State

Implementation Plan Revision, San

Diego County Air Pollution Control

District, Ventura County Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from metal

container, metal closure, and metal coil

coating operations and marine vessel

coating operations. The intended effect

of proposing approval of these rules is
59332 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Proposed Rules

to regulate emissions of VOCs in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). In the Final Rules

Section of this Federal Register, the

EPA is approving the state’s SIP revision

as a direct final rule without prior

proposal because the Agency views this

as a noncontroversial revision

amendment and anticipates no adverse

comments. A detailed rationale for this

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by

December 3, 1997.

ADDRESSES: Written comments on this

action should be addressed to: Andrew

Steckel, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105–3901.

Copies of the rule revisions and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rule

revisions are also available for

inspection at the following locations:

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123–1096.

Ventura County Air Pollution Control

District, 702 County Square Drive,

Ventura, California 93003.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1226.

SUPPLEMENTARY INFORMATION: This

document concerns SDCAPCD’s Rule

67.4, Metal Container, Metal Closure,

and Metal Coil Coating Operations, and

VCAPCD’s Rule 74.24, Marine Vessel

Coating Operations. These rules were

submitted by the California Air

Resources Board (CARB) to EPA on

October 18, 1996 and May 24, 1994,

respectively. For further information,

please see the information provided in

the Direct Final action that is located in

the Rules Section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 26, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–29051 Filed 10–31–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 260

[FRL–5916–4]

Project XL Site-specific Rulemaking for

Molex, Inc., 700 Kingbird Road Facility,

Lincoln, Nebraska

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

implement a project under the Project

XL program for the Molex, Inc. (Molex)

facility located at 700 Kingbird Road,

Lincoln, Nebraska. The terms of the

project are defined in a draft Final

Project Agreement (FPA) which is being

made available for public review and

comment by this document. Also, EPA

is making available for informational

purposes a draft variance by the

Nebraska Department of Environmental

Quality necessary for implementation of

the project. In addition, EPA is today

proposing a site-specific rule, applicable

only to the Molex facility, to facilitate

implementation of the project. In the

final rules section of this Federal

Register, EPA is also adopting this rule

as a direct final rule because EPA views

this as a noncontroversial action and

anticipates no adverse comments. If no

significant adverse comments are

received, the direct final rule will

become effective in 60 days and no

further action will be taken on this

proposed rule. If significant adverse

comments are received during the

comment period, the direct final rule

will not go into effect and EPA will

proceed pursuant to this proposal,

responding to the comments on the

direct final rule and this proposal when

final action is taken on the rule. EPA

does not intend to initiate a further

round of notice and comment, if

comments are received on this proposal

or the direct final rule. Therefore, any

parties interested in commenting on this

rule, or on the FPA, should do so at this

time.

The site-specific rule is intended to

provide regulatory changes under the

Resource Conservation and Recovery

Act (RCRA) to implement Molex’s XL

project, which will result in superior

environmental performance and, at the

same time, provide Molex with greater

operational flexibility. The flexibility

provided by Project XL will allow the

facility to segregate waste streams which

had previously been co-mingled into a

single waste stream. By changing the

process lines to generate separate waste

streams (nickel, copper, tin/lead), the

facility can optimize the precipitation of

each metal more effectively before the

effluent is sent to the POTW. The

environmental benefit from the project

will be a substantial reduction in the

mass loading of metals entering the City

of Lincoln’s POTW. In addition, the

resultant mono-metal sludges will be

commodity-like materials suitable for

recycling by smelters. A secondary

environmental benefit will be increased

recycling and reducing the amount of

material that would otherwise be

landfilled. The site-specific rule,

applicable only to the Molex facility,

would change certain RCRA

requirements so the implementing

agency, the Nebraska Department of

Environmental Quality, may issue a

temporary variance from classifying as

solid waste nickel, copper, and tin/lead

non-precious metals containing sludges

generated by Molex.

DATES: Comments. All public comments

must be received on or before December

3, 1997 except that if a public hearing

is held, the public comment period will

remain open until December 18, 1997.

Public Hearing. A public hearing will

be held, if requested, to provide

interested persons an opportunity for

oral presentation of data, views, or

arguments concerning this direct final

rule to implement Molex’s XL project. If

anyone contacts the EPA requesting to

speak at a public hearing by November

24, 1997, a public hearing will be held

on December 15, 1997. EPA will decide

by November 28, 1997 whether a public

hearing will be held. Additional

information is provided in the section

entitled ADDRESSES.

Request to Speak at Hearing. Persons

wishing to present oral testimony must

contact Mr. David Doyle at the EPA by

November 24, 1997. Additional

information is provided in the section

entitled ADDRESSES.

ADDRESSES: Comments. Written

comments should be submitted in

duplicate to: Mr. David Doyle, U.S.

Environmental Protection Agency,

Region VII, Air, RCRA & Toxics