Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices 34885

review conducted by EPA as a condition

of permit coverage. This documentation

must be retained on site.

2. Endangered Species Act

The proposed general permits will

authorize no discharge, other than

during catastrophic or chronic rainfall

events which are relatively infrequent

occurrences. Therefore, reissuance of

these general permits is unlikely to

adversely affect any listed threatened or

endangered species or designated

critical habitat. EPA will conduct an

environmental review for each new

CAFO with 1000 or more animal units

and all existing CAFOs planning to

expand to the numbers of animals

specified in Part VII.I(a) of the draft

permits [40 CFR part 122, Appendix

B(a)]). This review will include an

evaluation of the potential impact on

endangered species due to the proposed

activities.

EPA Region 6 has submitted copies of

the proposed permits to the U.S. Fish &

Wildlife Service. During the comment

period of these proposed permits, EPA

will seek the Fish & Wildlife Service’s

concurrence in its ‘‘unlikely to

adversely affect’’ determination. In the

absence of such concurrence, EPA will

initiate formal consultation in

accordance with Section 7(a)(2) of the

Endangered Species Act.

3. National Historic Preservation Act

Facilities which adversely affect

properties listed or eligible for listing in

the National Register of Historical

Places are not eligible for coverage

under these draft permits. During the

application process, EPA will conduct

an environmental review for each new

CAFO with 1000 or more animal units

and all existing CAFOs planning to

expand to the number and types of

animals specified in Part VII.I(a) of the

draft permits [40 CFR Part 122,

Appendix B(a)]). This review will

include an evaluation of the potential

effects on historic sites and properties

due to the proposed activities. If, at any

time during the operation of the CAFO,

a permittee becomes aware that historic

properties may be affected by CAFOrelated activities not identified during

the application process, the permittee

must contact the State Historic

Preservation Officer (SHPO) or the

Tribal Historic Preservation Officer

(THPO) to determine whether additional

actions are required to meet the

eligibility requirements of the draft

permits. This may result in initiation of

consultation with the SHPO or THPO

and the development or modification of

a written agreement or the PPP.

Therefore, reissuance of these general

permits will not adversely affect any

listed properties or properties that are

eligible for listing in the National

Register of Historical Places.

All existing CAFOs with less than

1000 AUs will not be eligible for

coverage under the reissued permit if

such facilities are already affecting

properties that are listed in the National

Register of Historic Properties. Existing

CAFOs must comply with Part I.D(3) of

the draft permit.

4. Paperwork Reduction Act

The Office of Management and Budget

(OMB) has approved the information

collection requirements related to the

NOI and discharge monitoring activities

under the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

(OMB Nos. 2040–0086 and 2040–0004,

respectively). EPA is currently

developing the information collection

request (ICR) (EPA ICR no.1868.01) for

the PPP-related activities and will

submit the ICR to OMB for approval.

5. Coastal Zone Management Act

Reauthorization Amendment

Pursuant to Section 307 of the Coastal

Zone Management Act (CZMA), federal

agency activities that affect the coastal

zone of a state with an approved coastal

zone management plan must be carried

out in a manner consistent, to the

maximum extent practable, with the

enforceable policies of that plan. To

assure such consistency, EPA is

proposing to require individual permits

for CAFOs located within a mile of the

Texas Coastal Zone Management Area.

Applications for such individual

permits will be subject to CZMA Section

307(c)(3)(A) and will receive the same

type of review by the Coastal

Coordination Council of the Texas

General Land Office (Administrator of

Texas’ approved Coastal Zone

Management Program) as corresponding

permits issued by the Texas Natural

Resources Conservation Commission

receive under 31 Texas Administrative

Code Section 505(11)(a)(6).

6. Unfunded Mandates Reform Act

Section 201 of the Unfunded

Mandates Reform Act (UMRA), P.L.

104–4, generally requires Federal

agencies to assess the effects of their

‘‘regulatory actions’’ on State, local, and

tribal governments and the private

sector. UMRA uses the term ‘‘regulatory

actions’’ to refer to regulations. (See,

e.g., UMRA section 201, ‘‘Each agency

shall * * * assess the effects of Federal

regulatory actions * * * (other than to

the extent that such regulations

incorporate requirements specifically

set forth in law)’’ (emphasis added)).

UMRA section 102 defines ‘‘regulation’’

by reference to section 658 of Title 2 of

the U.S. Code, which in turn defines

‘‘regulation’’ and ‘‘rule’’ by reference to

section 601(2) of the Regulatory

Flexibility Act (RFA). That section of

the RFA defines ‘‘rule’’ as ‘‘any rule for

which the agency publishes a notice of

proposed rulemaking pursuant to

section 553(b) of [the Administrative

Procedure Act (APA)], or any other law

* * *’’

NPDES general permits are not

‘‘rules’’ under the APA and thus not

subject to the APA requirement to

publish a notice of proposed

rulemaking. NPDES general permits are

also not subject to such a requirement

under the CWA. While EPA publishes a

notice to solicit public comment on

draft general permits, it does so

pursuant to the CWA section 402(a)

requirement to provide ‘‘an opportunity

for a hearing.’’ Thus, NPDES general

permits are not ‘‘rules’’ for RFA or

UMRA purposes but are treated with

rule-like procedures.

Signed this 18, day of June, 1998.

Oscar Ramirez, Jr.,

Deputy Director, Water Quality Protection

Division (6WQ), EPA Region 6.

[FR Doc. 98–16943 Filed 6–23–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

Notice of Public Information

Collection(s) submitted to OMB for

Review and Approval

June 18, 1998.

SUMMARY: The Federal Communications

Commission, as part of its continuing

effort to reduce paperwork burden

invites the general public and other

Federal agencies to take this

opportunity to comment on the

following information collection(s), as

required by the Paperwork Reduction

Act of 1995, Pub. L. 104–13. An agency

may not conduct or sponsor a collection

of information unless it displays a

currently valid control number. No

person shall be subject to any penalty

for failing to comply with a collection

of information subject to the Paperwork

Reduction Act (PRA) that does not

display a valid control number.

Comments are requested concerning: (a)

whether the proposed collection of

information is necessary for the proper

performance of the functions of the

Commission, including whether the

information shall have practical utility;

(b) the accuracy of the Commission’s

burden estimate; (c) ways to enhance
34886 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices

the quality, utility, clarity of the

information collected; and (d) ways to

minimize the burden of the collection of

information on the respondents,

including the use of automated

information techniques or other forms of

information technology.

DATES: Written comments should be

submitted on or before July 27, 1998. If

you anticipate that you will be

submitting comments, but find it

difficult to do so within the period of

time allowed by this notice, you should

advise the contact listed below as soon

as possible.

ADDRESSES: Direct all comments to Les

Smith, Federal Communications, Room

234, 1919 M St., NW., Washington, DC

20554 or via internet to lesmith@fcc.gov.

FOR FURTHER INFORMATION CONTACT: For

additional information or copies of the

information collections contact Les

Smith at 202–418–0214 or via internet

at lesmith@fcc.gov.

SUPPLEMENTARY INFORMATION:

OMB Approval Number: 3060–0072.

Title: Airborne Mobile

Radiotelephone License Application.

Form Number: FCC 409.

Type of Review: Revision of a

currently approved collection.

Respondents: Business and other forprofit entities.

Number of Respondents: 3,000.

Estimated Time Per Response: 5

minutes.

Frequency of Response: On occasion

reporting requirement.

Cost to Respondents: $135,000

($45.00 filing fee).

Total Annual Burden: 252 hours.

Needs and Uses: The FCC Form 409

is used in applying for authority to

operate an airborne mobile radio

telephone by individual users who

intend to become subscribers to a

common carrier service. The form is

subsequently used for modification and

renewal of such licenses.

Form 409 is required by 47 CFR Part

22. The applicant may be subject to

requirements in addition to those

specified on the form.

The form has been redesigned to

remove the fee filing data. FCC Form

159, Fee Remittance Advice, is required

to be submitted with any payment to the

FCC. Thus, we are removing the

duplicative data collection from the FCC

Form 409. This change will not affect

the average estimated completion time

of the form.

OMB Approval Number: 3060–0640.

Title: Construction of SMR Stations

Request for Additional Information.

Form Number: FCC 800–I.

Type of Review: Revision of a

currently approved collection.

Respondents: Individuals or

households; Business and other forprofit entities; Not-for-profit

institutions; State, Local or Tribal

Governments.

Number of Respondents: 300.

Estimated Time Per Response: 2 hours

30 minutes.

Frequency of Response: On occasion

reporting requirement; Others as

requested.

Cost to Respondents: $0.

Total Annual Burden: 750 hours.

Needs and Uses: This data collection

(letter format) is used as a method of

verifying if licensee has placed station

into operation and for notifying the

Commission of the actual number of

mobile units placed in operation after

license grant. When a licensee provides

conflicting information regarding the

construction or operational status of

radio facilities authorized to it, the

Commission requires clarification/

validation/explanation to substantiate

the facilities’ status so that it may

enforce its regulatory responsibilities.

Such responsibilities include the

allocation and assignment of radio

frequency spectrum and determining

the viability of the underlying radio

license authorizations which provide for

use of that spectrum.

The data requested in this collection

are being revised to include requesting

purchase order/invoices for the base

station, transmitter(s) and antenna;

Work order/invoices demonstrating

completion of station construction;

Name, address and phone number of

individual(s) performing the station

construction; model and serial numbers

of mobiles in operation; and a list of

users and phone numbers on this

system at the time of construction.

The Commission’s requirement that

systems be permanently constructed

and placed in operation is contained in

47 CFR, Rule Section 90.155, 90.313,

90.631, 90.633, 90.651, 90.725 and

90.737.

OMB Approval Number: 3060–XXXX.

Title: Application for DTV Broadcast

Station License.

Form Number: FCC 302–DTV.

Type of Review: New collection.

Respondents: Business and other forprofit entities; Not-for-profit

institutions.

Number of Respondents: 50.

Estimated Time Per Response: 19

hours (1.5 hours for applicant; 17.5

hours for engineer consultant).

Frequency of Response: On occasion

reporting requirement.

Cost to Respondents: $163,625

(Consulting engineers and $210.00

license application fee).

Total Annual Burden: 75 hours.

Needs and Uses: Licensees and

permittees of DTV broadcast stations are

required to file FCC Form 302–DTV to

obtain a new or modified station

license, and/or to notify the

Commission of certain changes in the

licensed facilities of these stations.

The data are used by Commission

staff to confirm that the station has been

built to terms specified in the

outstanding construction permit, and to

update FCC station files. Data are then

extracted from FCC Form 302–DTV for

inclusion in the subsequent license to

operate the station.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 98–17078 Filed 6–25–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

[DA 98–1194]

Notice of Telecommunication Relay

Services (TRS) Certification; CC

Docket No. 90–571

Released: June 19, 1998.

Notice is hereby given that the

applications for certification of state

Telecommunication Relay Services

(TRS) programs of the states listed

below have been granted, subject to the

condition described below, pursuant to

Title IV of the Americans with

Disabilities Act of 1990, 47 U.S.C.

225(f)(2), and section 64.605(b) of the

Commission’s rules, 47 CFR 64.605(b).

The Commission will provide further

Public Notice of the certification of the

remaining applications for certification

once review of those states’ applications

has been completed. On the basis of the

states applications, the Commission has

determined that:

(1) The TRS program of the listed

states meet or exceed all operational,

technical, and functional minimum

standards contained in section 64.604 of

the Commission’s rules, 47 CFR 64.604;

(2) The TRS programs of the listed

states make available adequate

procedures and remedies for enforcing

the requirements of the state program;

and,

(3) The TRS programs of the listed

states in no way conflict with federal

law.

The Commission also has determined

that, where applicable, the intrastate

funding mechanisms of the listed states

are labeled in a manner that promotes

national understanding of TRS and does

not offend the public, consistent with