Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Proposed Rules 19699

67485) to require the appraisal of

pulmonary irritation during exposure to

a HAP chemical through the use of the

mouse respiratory sensory irritation

assay method developed by the

American Society for Testing and

Materials (ASTM), a voluntary

consensus standard body (ASTM.

‘‘Standard Test Method for Estimating

Sensory Irritancy of Airborne

Chemicals’’ In: 1984 Annual Book of

ASTM Standards. Water and

Environmental Technology. Section 11.

Volume 11.04 Designation E–981–84,

pp. 572–584 (1984)). This method

assesses the breathing patterns of test

animals.

The testing of bronchoalveolar lavage

fluid under the subchronic testing

guideline is modified as described in

the proposed regulatory text at

§ 799.5053(b)(3)(ii) (62 FR 67466, 67485)

to include a phagocytosis assay using

the procedure of Burleson (Burleson,

G.R. et al. ‘‘Poly (I): poly (C)-enhanced

alveolar peritoneal macrophage

phagocytosis: Quantification by a new

method utilizing fluorescent beads.’’

Proceedings of the Society for

Experimental Biology and Medicine.

184:468–476 (1987)) or Gilmour and

Selgrade (Gilmour, G.I., and Selgrade,

M.K. ‘‘A Comparison of the Pulmonary

Defenses against Streptococcal Infection

in Rats and Mice Following O3

Exposure: Differences in Disease

Susceptibility and Neutrophil

Recruitment.’’ Toxicology and Applied

Pharmacology. 123:211–218 (1993)) to

determine macrophage activity.

EPA is not aware of any other

potentially applicable voluntary

consensus standards which needed to

be considered in lieu of the guidelines

at 40 CFR part 799, subpart H, that are

cross-referenced in this rulemaking. The

Agency invites comment on the

potential use of voluntary consensus

standards in this rulemaking, including

the identification of and information

about other standards which the Agency

could consider.

List of Subjects in 40 CFR Part 799

Environmental protection, Chemicals,

Hazardous substances, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: April 13, 1998.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Accordingly, EPA is extending the

comment period on the proposed rule

and the first amended proposed rule

from May 11, 1998 to June 22, 1998.

Therefore, it is proposed that 40 CFR

chapter I, subchapter R, be amended as

follows:

PART 799—[AMENDED]

1. The authority citation for part 799

would continue to read as follows:

Authority: 15 U.S.C. 2603, 2611, 2625.

2. Section 799.5053, as proposed to be

added at 62 FR 67481–67485, December

24, 1997, is amended by revising

paragraphs (a)(2)(ii) and (a)(2)(iv) and

removing paragraph (a)(2)(v) as follows:

(Note: The regulatory text changes

proposed in this second amended proposal

supersede the corresponding changes

proposed in the first amended proposal. All

other regulatory text changes proposed in the

first amended proposal that are not changed

by this second amended proposal continue to

apply to this rulemaking.)

§ 799.5053 Chemical testing requirements

for hazardous air pollutants.

(a) General testing provisions. * * *

* * * *

*

(2) Persons required to submit study

plans, conduct tests, and submit data. *

* *

* * * *

*

(ii) All persons who, during the last

complete calendar year prior to the

effective date specified in Table 1 in

paragraph (a)(6) of this section or in any

successive complete calendar year prior

to the end of the reimbursement period,

as defined at 40 CFR 791.3(h),

manufacture (including import,

manufacture as a byproduct as defined

in 40 CFR 791.3(c), and manufacture,

including import, as an impurity as

defined in 40 CFR 790.3) or process or

intend to manufacture or process any

chemical substance specified in Table 1

in the form of a Class 1 substance (as

described in 40 CFR 720.45(a)(1)(i)), or

a component of a Class 2 substance (as

described in 40 CFR 720.45(a)(1)(i)) or

mixture (as defined in TSCA section

3(8)), but not as a component of a

naturally-occurring substance (as

defined in 40 CFR 710.4(b)) or a nonisolated intermediate (as defined in 40

CFR 704.3), at a facility shall, with

respect to such substance: submit letters

of intent to conduct testing, submit

study plans, conduct testing under

TSCA Good Laboratory Practice

Standards, and submit data, as specified

in this section and part 792 of this

chapter, or submit exemption

applications, as specified in part 790 of

this chapter.

* * * *

*

(iv) Manufacturers (including

importers) of a chemical substance

specified in Table 1 who, during the last

complete calendar year prior to the

effective date specified in Table 1 or in

any successive complete calendar year

prior to the end of the reimbursement

period, at no facility manufactured

(including imported) such substance in

an amount equal to or in excess of

25,000 lbs must comply with the

requirements of the rule with regard to

such substance only if directed to do so

by EPA in a subsequent notice if no

manufacturer has submitted a notice of

its intent to conduct testing. A chemical

substance specified in Table 1 that is

manufactured (including imported) as a

component of another chemical

substance or mixture in which the

proportion of the substance specified in

Table 1 is less than one percent by

weight is not to be taken into account

in determining whether the 25,000 lbs

threshold specified in this paragraph

has been met.

* * * *

*

[FR Doc. 98–10494 Filed 4–20–98; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–50, RM–9247]

Radio Broadcasting Services;

Healdton, OK, Krum, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Lake

Country Communications, Inc., seeking

the substitution of Channel 229C3 for

Channel 229C2 at Healdton, OK, the

reallotment of Channel 229C3 to Krum,

TX, as the community’s first local aural

service, and the modification of Station

KICM’s license to specify Krum as its

community of license. Channel 229C3

can be allotted to Krum in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 22.3 kilometers (13.9

miles) northeast of the community, at

coordinates 33–26–34 North Latitude;

97–08–08 West Longitude, to

accommodate petitioner’s desired

transmitter site.

DATES: Comments must be filed on or

before June 1, 1998, and reply

comments on or before June 16, 1998.
19700 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 / Proposed Rules

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Robert Lewis Thompson,

Taylor Thiemann & Aitken, L.C., 908

King Street, Suite 300, Alexandria, VA

22314 (Counsel to petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–50, adopted April 1, 1998, and

released June 16, 1998. 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. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–10522 Filed 4–20–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–51; RM–9241]

Radio Broadcasting Services; Salmon,

ID

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Alpine Broadcasting,

Ltd., seeking the allotment of Channel

233A to Salmon, Idaho, as that

community’s second local FM

transmission service. Coordinates used

for this proposal are 45–10–30 NL and

113–53–42 WL.

DATES: Comments must be filed on or

before June 1, 1998, and reply

comments on or before June 16, 1998.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows:

Theodore D. Kramer, Esq., Haley Bader

& Potts P.L.C., Suite 900, 4350 North

Fairfax Drive, Arlington, VA 22203–

1633.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–51, adopted April 1, 1998, and

released April 10, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–10521 Filed 4–20–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–49, RM–9248]

Radio Broadcasting Services; Las

Vegas, NM

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by BK

Radio proposing the allotment of

Channels 268A and 275A to Las Vegas,

NM, and the modification of its pending

application (BPH-960829MH) for

Channel 244A at Las Vegas to specify

the alternate channel without loss of its

cut-off protection. The Commission also

proposes that the pending application

(BPH–960829MG) of Meadows Media,

LLC, be amended to specify operation

on Channel 275A without loss of cut-off

protection. These allotments could

enable the initiation of additional

service at an earlier date by removing

the need for comparative consideration

of the three pending applications for

Channel 244A at Las Vegas. Should

another party express an interest in use

of a Class A channel at Las Vegas,

Channel 224A is available for allotment.

Channels 268A and 275A can be

allotted in compliance with the

Commission’s minimum distance

separation requirements, with a site

restriction of 3.9 kilometers (2.4 miles)

west of the Commission, at coordinates

35–36–16 NL; 105–15–35 WL, which is

the site proposed in the pending

applications of BK Radio and Meadows

Media. Channel 224A can be allotted to

Las Vegas without the imposition of a

site restriction, at coordinates 35–36–00

NL; 105–13–00 WL.

DATES: Comments must be filed on or

before June 1, 1998, and reply

comments on or before June 16, 1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Lee J. Peltzman, Shainis &

Peltzman, 1901 L Street, NW., Suite 290,

Washington, D.C. 20036 (Counsel to

petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–49, adopted April 1, 1998, and

released April 10, 1998. The full text of