76966 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

SUMMARY: The EPA proposes to delete

the releases from the University of

Minnesota Rosemount Research Center

Superfund site (Site) from the NPL and

requests public comment on this action.

The NPL constitutes appendix B to Part

300 of the National and Hazardous

Substances Pollution 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

has determined that the Site currently

poses no significant threat to public

health or the environment, as defined by

CERCLA, and therefore, further

remedial measures under CERCLA are

not appropriate. We are publishing this

proposed rule without prior notification

because the Agency views this as a

noncontroversial revision and

anticipates no dissenting comments. A

detailed rationale for this approval is set

forth in the direct final rule. If no

dissenting comments are received, the

deletion will become effective. If EPA

receives dissenting comments, the direct

final action will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

should do so at this time.

DATES: Comments concerning this

Action must be received by January 8,

2001.

ADDRESSES: Comments may be mailed to

Gladys Beard, Associate Remedial

Project Manager, U.S. Environmental

Protection Agency (SR–6J), 77 W.

Jackson, Chicago, IL 60604.

Comprehensive information on this Site

is available through the public docket

which is available for viewing at the

Site Information Repository at the

following location: the Minnesota

Pollution Control Agency, 520 Lafayette

Road North, Saint Paul, Minnesota

55155–4184.

FOR FURTHER INFORMATION CONTACT:

Gladys Beard Associate Remedial

Project Manager at (312) 886–7253,

written correspondence can be directed

to Ms. Beard at U.S. Environmental

Protection Agency, (SR–6J) 77 W.

Jackson Blvd., Chicago, IL 60604.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Action which is located in the

Rules Section of this Federal Register.

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR.,

1991 Comp.; p. 351; E.O. 12580, 52 FR 2923,

3 CFR., 1987 Comp.; p. 193.

Dated: November 28, 2000.

Elissa Speizman,

Acting Regional Administrator, EPA Region

V.

[FR Doc. 00–31192 Filed 12–7–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 80

[PR Docket No. 92–257; RM–9664; FCC 00–

370]

Maritime Communications

AGENCY: Federal Communications

Commission.

ACTION: Proposed rules.

SUMMARY: In this document, the

Commission proposes to amend the

rules governing Automated Maritime

Telecommunications Systems (AMTS)

and high seas public coast stations. The

Commission proposes, among other

things, to designate licensing regions

and authorize one licensee for each

currently unassigned AMTS frequency

block on a geographic basis; to allow

partitioning and disaggregation for

AMTS geographic licensees,

disaggregation for site-based AMTS

licensees, and partitioning for most high

seas public coast station licensees; and

to establish competitive bidding

procedures to resolve mutually

exclusive applications for AMTS and

high seas public coast spectrum. These

proposed rules should increase the

number and types of communications

services available to the maritime

community.

DATES: Comments are due February 6,

2001, Reply Comments are due March 8,

2001.

ADDRESSES: Parties who choose to file

comments by paper must file an original

and four copies to the Commission’s

Secretary, Magalie Roman Salas, Office

of the Secretary, Federal

Communications Commission, 445 12th

St., SW., Room TW–A325, Washington,

DC 20554. Comments may also be filed

using the Commission’s Electronic

Filing System, which can be accessed

via the Internet at www.fcc.gov/e-file/

ecfs.html.

FOR FURTHER INFORMATION CONTACT:

Keith Fickner, Policy and Rules Branch,

Public Safety and Private Wireless

Division, Wireless Telecommunications

Bureau at (202) 418–0680.

SUPPLEMENTARY INFORMATION:

1. The Commission’s Third Notice of

Proposed Rule Making (3rd NPRM), PR

Docket No. 92–257, FCC 00–370,

adopted October 13, 2000, and released

on November 16, 2000. The full text of

this 3rd NPRM is available for

inspection and copying during normal

business hours in the FCC Reference

Center, Room CY–A257, 445 12th Street,

SW., Washington, DC. The complete

text may be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20037. The full text

may also be downloaded at: http://

www.fcc.gov/Wireless/Orders/2000/

fcc00370.txt. Alternative formats are

available to persons with disabilities by

contacting Martha Contee at (202) 418–

0260 or TTY (202) 418–2555.

Summary of the 3rd NPRM

2. The Commission proposes a

transition from the site-based licensing

approach to geographic area licensing

because such an approach would speed

assignment of subsequent AMTS

licenses, reduce processing burdens on

the Commission, facilitate the

expansion of existing AMTS systems

and the development of new AMTS

systems, eliminate inefficiencies arising

from the intricate web of relationships

created by site-specific authorization,

and enhance regulatory symmetry.

3. The Commission seeks comment on

whether the use of band manager

licensing may be an appropriate

alternative method of accomplishing the

objectives that it strives to achieve

through its partitioning and

disaggregation rules. Band managers

would be a class of Commission

licensee that would engage in the

business of making spectrum available

for use by others through private,

written contracts.

4. The Commission seeks comment, in

light of its continuing commitment to

take measures to ensure that the current

and future communications needs of the

public safety community are addressed,

on whether it should take any steps to

facilitate use of AMTS spectrum by

public safety entities, including setting

aside some channels for public safety

use.

5. The Commission proposes to

modify the requirement that AMTS

stations must serve a waterway because

it is inconsistent with geographic

licensing and could prevent service

from being offered in some licensing

areas. Therefore, the Commission seeks

comment on its proposal that stations

may be placed anywhere within a

licensee’s service area so long as

marine-originating traffic is given

priority and incumbent operations are

protected. It also seeks comment on its

Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules 76967

proposal that licensees whose service

areas encompass certain major

waterways be required to provide

coverage to those waterways, as is

required of VHF public coast geographic

licensees.

6. The Commission proposes to

authorize two geographic area licensees

in each licensing area, with each

licensee authorized to use one of the

two AMTS frequency blocks because it

concludes that this will promote

competition in the maritime CMRS

marketplace. Under this proposal,

incumbent AMTS licensees would be

permitted to operate their systems

indefinitely, and incumbents and

geographic licensees would have to

afford each other interference

protection.

7. The Commission proposes to

license HF public coast station

radiotelephone frequency pairs

individually, rather than in blocks, due

to this frequency’s propagation

characteristics and insufficient demand.

8. The Commission also proposes to

redistribute radiotelephone frequency

pairs by permitting MF private coast

stations to use unassigned public coast

station radiotelephone frequency pairs

in the 2 MHz band for non-CMRS

services because it will promote the

more efficient use of maritime spectrum

and reduce congestion for MF private

coast licensees.

9. Finally, the Commission concludes

that the engineering study requirement

for new AMTS stations that are not fillin stations should not be eliminated

because it continues to be a critical

mechanism for protecting television

reception.

Regulatory Flexibility Analysis

10. As required by the RFA, the

Commission has prepared this present

IRFA of the possible significant

economic impact on small entities of the

policies and rules proposed in the Third

Further Notice of Proposed Rule Making

(3rd FNPRM). Written public comments

are requested on this IRFA. Comments

must be identified as responses to the

IRFA and must be filed by the deadlines

for comments on the 3rd FNPRM

provided in the item. The Commission

will send a copy of the 3rd FNPRM,

including this IRFA, to the Chief

Counsel for Advocacy of the Small

Business Administration. See 5 U.S.C.

603(a). In addition, the 3rd FNPRM and

IRFA (or summaries thereof) will be

published in the Federal Register. See

id.

A. Need for, and Objectives of, the

Proposed Rules

11. Our objective is to determine

whether it is in the public interest,

convenience, and necessity to simplify

our licensing process for AMTS and

high seas public coast stations. These

proposals include (1) converting

licensing of AMTS coast station

spectrum from site-based to geographic

area licensing, (2) simplifying the AMTS

licensing procedures and rules, (3)

increasing AMTS and high seas public

coast station licensee flexibility to

provide service over a wide area, and (4)

employing the Commission’s Part 1

standardized competitive bidding

procedures to resolve mutually

exclusive applications. In addition, we

temporarily suspend the acceptance and

processing of certain AMTS and high

seas public coast station applications

because we believe that after the public

has been placed on notice of our

proposed rule changes, continuing to

accept new applications under the

current rules would impair the

objectives of this proceeding. These

proposed rules and actions should

increase the number and types of

communications services available to

the maritime community.

B. Legal Basis:

1. Authority for issuance of this item

is contained in sections 4(i), 4(j), 7(a),

302, 303(b), 303(f), 303(g), 303(r), 307(e),

332(a), and 332(c) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j),

157(a), 302, 303(b), 303(f), 303(g), 303(r),

307(e), 332(a), and 332(c).

C. Description and Estimate of the

Number of Small Entities to Which the

Proposed Rules Will Apply

13. The RFA directs agencies to

provide a description of and, where

feasible, an estimate of the number of

small entities that may be affected by

the proposed rules, if adopted. The RFA

generally defines the term ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction.’’ In addition, the term

‘‘small business’’ has the same meaning

as the term ‘‘small business concern’’

under the Small Business Act. A small

business concern is one which: (1) Is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) satisfies any additional criteria

established by the Small Business

Administration (SBA). A small

organization is generally ‘‘any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.’’

14. The proposed rules would affect

licensees using AMTS and high seas

public coast spectrum. In the Third

Report and Order in this proceeding, the

Commission defined the term ‘‘small

entity’’ specifically applicable to public

coast station licensees as any entity

employing less than 1,500 persons,

based on the definition under the Small

Business Administration rules

applicable to radiotelephone service

providers. See, Amendment of the

Commission’s Rules Concerning

Maritime Communications, Third

Report and Order and Memorandum

Opinion and Order, 13 FCC Rcd 19853,

19893 (1998) (citing 13 CFR 121.201,

Standard Industrial Classification (SIC)

Code 4812). Since the size data

provided by the Small Business

Administration does not enable us to

make a meaningful estimate of the

number of AMTS and high seas public

coast station licensees that are small

businesses, we have used the 1992

Census of Transportation,

Communications, and Utilities,

conducted by the Bureau of the Census,

which is the most recent information

available. This document shows that

only 12 radiotelephone firms out of a

total of 1,178 such firms which operated

in 1992 had 1,000 or more employees.

Thus, we estimate that no fewer than

1,166 small entities will be affected.

Any entity that is capable of providing

radiotelephone service is eligible to

hold a public coast license. Therefore,

we seek comment on the number of

small entities that use AMTS and high

seas public coast spectrum and the

number of small entities that are likely

to apply for licenses under the various

proposals described herein.

D. Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

15. We will award licenses by

competitive bidding where mutually

exclusive applications are filed. Prior to

auction, all applicants, including small

businesses, will be required to submit

an FCC Form 175, OMB Clearance

Number 3060–0600. If we use small

business definitions for the purpose of

providing bidding credits to auction

participants, then all small businesses

that choose to participate in these

services will be required to demonstrate

that they meet the criteria set forth to

qualify as small businesses, as required

under part 1, Subpart Q of the

Commission’s Rules. See 47 CFR part 1,

Subpart Q. Any small business

applicant wishing to avail itself of small

business provisions will need to make

76968 Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / Proposed Rules

1For the period 1986 through 1999, corrosion

caused 25 percent of all incidents reported under

Part 195; 3 percent of all deaths; 2 percent of all

injuries; and 19 percent of all property damage.

the general financial disclosures

necessary to establish that the small

business is in fact small. The estimated

time for filling out an FCC Form 175 is

45 minutes. Each applicant will have to

submit information regarding the

ownership of the applicant, any joint

venture arrangements or bidding

consortia that the applicant has entered

into, and, if claiming eligibility for

bidding credits, financial information

demonstrating that the applicant

qualifies as a small business. Applicants

that do not have audited financial

statements available will be permitted to

certify the validity of their financial

showings. While many small businesses

have chosen to employ attorneys prior

to filing an application to participate in

an auction, the rules are intended to

enable a small business to file an

application on its own using the short

form application preparation guidelines

that are made available by the

Commission before any auction. When

an applicant wins a license, it will be

required to submit an FCC Form 601

license application, which will require

technical information regarding the

applicant’s proposals for providing

service and other information. This

application will require information

provided by an engineer who will have

knowledge of the system’s design. The

estimated time for completing an FCC

Form 601 is one hour and fifteen

minutes.

E. Significant Alternatives Minimizing

the Economic Impact on Small Entities

16. The RFA requires an agency to

describe any significant alternatives that

it has considered in reaching its

proposed approach, which may include

the following four alternatives: (1) The

establishment of differing compliance or

reporting requirements or timetables

that take into account the resources

available to small entities; (2) the

clarification, consolidation, or

simplification of compliance or

reporting requirements under the rule

for small entities; (3) the use of

performance, rather than design,

standards; and (4) an exemption from

coverage of the rule, or any part thereof,

for small entities.

17. In the 3rd FNPRM, the

Commission proposes that the part 1

unjust enrichment provisions will

govern partitioning and disaggregation

arrangements involving AMTS licenses

owned by small businesses that were

afforded a bidding credit and later elect

to partition or disaggregate their licenses

to an entity that does not qualify as a

small business. The alternative to

applying the unjust enrichment

provisions would be to allow an entity

who had benefited from the special

bidding provisions for small businesses

to become unjustly enriched by

partitioning or disaggregating its

licenses to parties that do not qualify for

such benefits.

18. The 3rd FNPRM solicits comment

on a variety of alternatives set forth

herein. Any significant alternative

presented in the comments will be

considered.

F. Federal Rules that May Duplicate,

Overlap, or Conflict With the Proposed

Rules

None.

List of Subjects 47 CFR Parts 13 and 80

Communications equipment, Radio.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–31309 Filed 12–7–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 195

[Docket No. RSPA–97–2762; Notice 3]

RIN 2137–AD24

Controlling Corrosion on Hazardous

Liquid and Carbon Dioxide Pipelines

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: We are proposing to change

some of the corrosion control standards

for hazardous liquid and carbon dioxide

pipelines. The proposed changes are

based on our review of the adequacy of

the present standards compared to

similar standards for gas pipelines and

acceptable safety practices. The

proposed changes are intended to

improve the clarity and effectiveness of

the present standards and reduce the

potential for pipeline accidents due to

corrosion.

DATES: Persons interested in submitting

written comments on the proposed rules

must do so by February 6, 2001. Late

filed comments will be considered so far

as practicable.

ADDRESSES: You may submit written

comments by mailing or delivering an

original and two copies to the Dockets

Facility, U.S. Department of

Transportation, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. The Dockets Facility is

open from 10:00 a.m. to 5:00 p.m.,

Monday through Friday, except on

Federal holidays when the facility is

closed. Or you may submit written

comments to the docket electronically at

the following web address: http://

dms.dot.gov. See the SUPPLEMENTARY

INFORMATION section for additional filing

information.

FOR FURTHER INFORMATION CONTACT: L.

M. Furrow by phone at 202–366–4559,

by fax at 202–366–4566, by mail at U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, or by e-mail at

buck.furrow@rspa.dot.gov.

SUPPLEMENTARY INFORMATION:

Filing Information, Electronic Access,

and General Program Information

All written comments should identify

the docket and notice numbers stated in

the heading of this notice. Anyone who

wants confirmation of mailed comments

must include a self-addressed stamped

postcard. To file written comments

electronically, after logging onto http://

dms.dot.gov, click on ‘‘Electronic

Submission.’’ You can read comments

and other material in the docket at this

Web address: http://dms.dot.gov.

General information about our pipeline

safety program is available at this

address: http://ops.dot.gov.

Background

We have reviewed the corrosion

control standards in 49 CFR part 195 for

hazardous liquid and carbon dioxide

pipelines to see if any standards need to

be made clearer, more effective, or

consistent with acceptable safety

practices. Although the likelihood of

corrosion-caused accidents harming

people or the environment is relatively

low, we undertook the review because

corrosion is the second leading cause of

reported accidents on hazardous liquid

pipelines, and improving the standards

has the potential to reduce the number

of future accidents.1

The review began September 8, 1997,

when we held a public meeting on how

the part 195 corrosion control standards

and the corrosion control standards for

gas pipelines in 49 CFR part 192 might

be improved (62 FR 44436; Aug. 21,

1997). To attract participation by

corrosion experts, we held the public

meeting in Oakbrook, Illinois, in

conjunction with meetings of NACE

International, a professional technical

society dedicated to corrosion control.