16492 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

submittal is consistent with SMCRA and

its implementing Federal regulations

and whether the other requirements of

30 CFR Parts 730, 731, and 732 have

been met.

National Environmental Policy Act

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon corresponding Federal regulations

for which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

corresponding Federal regulations.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 915

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 20, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 915 is amended

as set forth below:

PART 915—IOWA

1. The authority citation for Part 915

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 915.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 915.15 Approval of Iowa regulatory

program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

December 4,

1996.

April 7, 1997 IAC 40.4(10);

.38 (2) and

(3); 64 (6)

through

(9).

[FR Doc. 97–8788 Filed 4–4–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

Oil or Hazardous Material Pollution

Prevention Regulations for Vessels

CFR Correction

In Title 33 of the Code of Federal

Regulations, parts 125 to 199, revised as

of July 1, 1996, page 414, Table 3 in

Appendix B to part 155 is corrected by

adding brackets and an asterisk around

the number 5 in the column entitled ‘‘%

Recovered Floating oil’’, under the

categories ‘‘Offshore’’ and ‘‘6 days’’ for

the entry Non-persistent oils.

BILLING CODE 1505-01-D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–5807–2]

OMB Approval Numbers Under the

Paperwork Reduction Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: In compliance with the

Paperwork Reduction Act, this

document displays the Office of

Management and Budget (OMB) control

numbers issued under the Paperwork

Reduction Act (PRA) for part 258—

Criteria for Municipal Solid Waste

Landfills.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Allen J. Geswein, (703) 308–7261.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to

accurately display those information

requirements promulgated under the

Criteria for Municipal Solid Waste

Landfills which appeared in the Federal

Register on October 9, 1991 (56 FR

51016). The affected regulations are

codified at 40 CFR part 258. EPA will

continue to present OMB control

numbers in a consolidated table format

to be codified in 40 CFR part 9 of the

Agency’s regulations, and in each CFR

volume containing EPA regulations. The

table lists the section numbers with

reporting and recordkeeping

requirements, and the current OMB

control numbers. This display of the

OMB control number and its subsequent

codification in the Code of Federal

Regulations satisfies the requirements of

the Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. As a result, EPA finds

that there is ‘‘good cause’’ under section

553 (b)(B) and (d)(3) of the

Administrative Procedure Act (5 U.S.C.

553 (b)(B) and (d)(3)) to amend this table

without prior notice and comment. Due

to the technical nature of the table,

further notice and comment would be

unnecessary.

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: March 28, 1997.

Timothy Fields, Jr.,

Acting Assistant Administrator, Office of

Solid Waste and Emergency Response.

For the reasons set out in the

preamble 40 CFR part 9 is amended as

follows:

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,

1326, 1330, 1344, 1345 (d) and (e), 1361; E.O.

11735, 38 FR 21243, 3 CFR, 1971–1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,

300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4,

300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16493

4, 300j–9, 1857 et seq., 6901–6992k, 7401–

7671q, 7542, 9601–9657, 11023, 11048.

2. In § 9.1, the table is amended by

adding an entry under the indicated

heading to read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

Criteria for Municipal Solid Waste Landfills

Part 258 .................................... 2050–0122

* * * * *

[FR Doc. 97–8819 Filed 4–4–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 27

[GN Docket No. 96–228; FCC 97–112]

The Wireless Communications Service

(‘‘WCS’’)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: On March 31, 1997, the

Federal Communications Commission

(‘‘Commission’’) adopted a

Memorandum Opinion and Order

amending certain rules pertaining to

Wireless Communications Service

(‘‘WCS’’) operations in the 2305–2320

and 2345–2360 MHz bands. These

amendments are being made in response

to certain petitions for reconsideration

of the Report and Order in this

proceeding which established rules and

policies for WCS. The effect of this

action is to make minor amendments to

the power and out-of-band emission

limits imposed on WCS operations.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT: Josh

Roland, Wireless Telecommunications

Bureau, (202) 418–0660, or Tom

Mooring, Office of Engineering and

Technology, (202) 418–2450.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order in GN

Docket No. 96–228. The complete

Memorandum Opinion and Order is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, N.W., Washington, D.C., and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 2100 M Street, N.W.,

Washington, D.C. 20037. The complete

Memorandum Opinion and Order is

also available on the Commission’s

Internet home page (http://

www.fcc.gov)

Summary of the Memorandum Opinion

and Order

1. The Omnibus Consolidated

Appropriations Act, 1997, Public Law

104–208, 110 Stat. 3009 (1996)

(‘‘Appropriations Act’’) directed the

Commission to reallocate the use of

frequencies at 2305–2320 megahertz and

2345–2360 megahertz to wireless

services that are consistent with

international agreements concerning

spectrum allocations, and to assign the

use of such frequencies by competitive

bidding pursuant to Section 309(j) of the

Communications Act of 1934. In making

these bands of frequencies available for

competitive bidding, the Commission

was directed to seek to promote the

most efficient use of the spectrum and

to commence the competitive bidding

for the assignment of these frequencies

no later than April 15, 1997.

2. On February 19, 1997, the

Commission adopted a Report and

Order in this proceeding establishing

the Wireless Communications Service

(‘‘WCS’’). See Amendment of the

Commission’s Rules to Establish Part 27,

the Wireless Communications Service

(‘‘WCS’’), GN Docket No. 96–228, Report

and Order, FCC 97–50, 62 FR 9636

(March 3, 1997). (‘‘Report and Order’’).

Specifically, the Commission allocated

the 2305–2320 MHz and 2345–2360

MHz bands to the fixed, mobile, and

radiolocation services on a primary

basis and maintained the primary

allocation for the broadcasting-satellite

service (sound) in the 2310–2320 MHz

and 2345–2360 MHz bands. WCS

licensees will be permitted to provide

any of these services. The Commission

did not adopt any limitations on

transmitter power, except to require that

the equipment comply with our

radiofrequency (‘‘RF’’) safety program.

The Commission also declined to

impose any technical restrictions on

WCS licensees aimed at protecting the

multipoint distribution service and the

instructional television fixed service

(‘‘MDS/ITFS’’) reception because, based

on the record before the Commission at

that time, the Commission was not

persuaded that the operation of WCS

facilities would irreparably harm the

MDS and ITFS services. The

Commission also noted that MDS/ITFS

block downconverters traditionally have

employed an inexpensive design that

has minimal frequency selectivity, and

observed that the industry appears to be

converting to newer, more robustly

designed downconverters that would

not receive WCS signals. The

Commission concluded that it would be

improvident to adopt a requirement for

WCS licensees to protect MDS/ITFS

operations before having a more

complete understanding of the nature

and extent of problems that may

actually arise.

3. Also in the Report and Order, in

order to protect satellite digital audio

radio service (‘‘Satellite DARS’’ or

‘‘DARS’’) operations in the 2320–2345

MHz band, the Commission adopted

stringent out-of-band emission limits

that it believed would, at least in the

foreseeable future, make mobile

operations in WCS spectrum

technologically infeasible. Specifically,

all emissions into the 2320–2345 MHz

band from fixed WCS transmitters must

be attenuated below the transmitter

output power (‘‘p’’) by at least 80 + 10

log (p) dB and all emissions from mobile

WCS transmitters must be attenuated

below p by at least 110 + 10 log (p) dB.

4. On March 10, 1997, the Wireless

Cable Association International, Inc.

(‘‘WCA’’) filed an Emergency Motion for

Stay and a Petition for Expedited

Reconsideration of the Report and

Order. Concurrent with the adoption of

this Memorandum Opinion and Order,

the Commission is denying WCA’s

Emergency Motion for Stay, ruling that

the Appropriations Act does not afford

the Commission the authority to defer

the commencement date of the WCS

auction. On March 11, 1997, the PACS

Providers Forum and DigiVox

Corporation (‘‘PPF/DigiVox’’) jointly

filed a Petition for Expedited

Reconsideration of the Report and

Order. On March 13, 1997, the Wireless

Telecommunications Bureau placed the

petitions on public notice and

established an expedited pleading cycle.

By this Memorandum Opinion and

Order, the Commission amends certain

aspects of its rules governing the WCS

in response to these two petitions for

reconsideration.

5. Specifically, based on a better

understanding of the potential for WCS

operations to interfere with MDS/ITFS

reception, the Commission is specifying

limits on WCS operating power and is

requiring that, for a limited time, WCS

licensees assume responsibility under

certain circumstances for interference

they may cause to MDS/ITFS

operations. The Commission also is

requiring WCS licensees to provide

advance notification to nearby MDS/