Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25193

Once studies are complete, EPA may

redefine the boundaries of the

Charleston Harbor Deepening Project

ODMDS through further rulemaking.

Such rulemaking could modify disposal

activities in the vicinity of the area’s

resources and reduce the potential for

adverse impacts or allowing greater

utilization of the site. EPA’s primary

concern is to provide an

environmentally acceptable ocean

disposal site for Charleston Harbor area

dredging projects on a continued basis.

C. Proposed Site Modifications

The proposed site modifications for

the Charleston Harbor Deepening

Project ODMDS are the extension of the

period of use and to adjust certain

restrictions on site use. The present

period of use on the site is for seven

years from the initiation of the

Charleston Harbor deepening project.

EPA proposes to change the period of

use to ‘‘continued use.’’ EPA also

proposes to add to the present

restriction of site use the following

language: ‘‘and in accordance with all

provisions of disposal placement as

specified by the Site Management Plan.’’

D. Proposed Site Dedesignation

The proposed dedesignation of the

smaller Charleston ODMDS is due to the

presence of natural resources within its

boundaries. Disposal of material within

this site, particularly fine-grained

materials, could directly and indirectly

affect the survival of these resources.

The proposed modification on the larger

ODMDS to allow for continued use will

provide a suitable location for the

disposal of all materials from the

Charleston area that meet the ocean

disposal criteria. Additionally, the

boundaries of the smaller ODMDS lie

totally within the larger ODMDS.

Therefore, the proposed action does not,

at this time, actually remove any ocean

bottom from potentially being used, if

appropriate.

E. Regulatory Assessments

Under the Regulatory Flexibility Act,

EPA is required to perform a Regulatory

Flexibility Analysis for all rules that

may have a significant impact on a

substantial number of small entities.

EPA has determined that this proposed

action will not have a significant impact

on small entities since the modifications

and dedesignation will only have the

effect of providing an environmentally

acceptable disposal option for dredged

material on a continued basis.

Consequently, this Rule does not

necessitate preparation of a Regulatory

Flexibility Analysis.

Under Executive Order 12866, EPA

must judge whether a regulation is

‘‘major’’ and therefore subject to the

requirement of a Regulatory Impact

Analysis. This proposed action will not

result in an annual effect on the

economy of $100 million or more or

cause any of the other effects which

would result in its being classified by

the Executive Order as a ‘‘major’’ rule.

Consequently, this Rule does not

necessitate preparation of a Regulatory

Impact Analysis.

This Proposed Rule does not contain

any information collection requirements

subject to Office of Management and

Budget review under the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

List of Subjects in 40 CFR Part 228

Environmental protection, Water

pollution control.

Patrick M. Tobin,

Acting Regional Administrator.

In consideration of the foregoing,

subchapter H of chapter I of title 40 is

proposed to be amended as set forth

below.

PART 228—[AMENDED]

1. The authority citation for part 228

continues to read as follows:

Authority: 33 U.S.C. 1412 and 1418.

2. Section 228.15 is proposed to be

amended by revising the ‘‘Period of

Use’’ and ‘‘Restriction’’ in paragraph

(h)(5) and by removing and reserving

paragraph (h)(4) to read as follows:

§ 228.15 Dumping sites designated on a

final basis.

* * * * *

(h) * * *

(4) (Reserved)

(5) * * *

* * * * *

Period of Use: Continued use.

Restriction: Disposal shall be limited to

dredged material from the Charleston Harbor

area. All dredged materials, except entrance

channel materials, shall be limited to that

part of the site east of the line between

coordinates 32°39′04′′N, 79°44′25′′W and

32°37′24′′N, 79°45′30′′W unless the material

can be shown by sufficient testing to contain

10% or less of fine material (grain size of less

than 0.074 mm) by weight and shown to be

suitable for ocean disposal. Additionally, all

disposals shall be in accordance with all

provisions of disposal placement as specified

by the Site Management Plan.

* * * * *

[FR Doc. 95–11679 Filed 5–10–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 95

[WT Docket No. 95–47; FCC 95–158]

Allow Interactive Video and Data

Service (IVDS) Licensees To Provide

Mobile Service on an Ancillary Basis

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission has

proposed rules to allow Interactive

Video and Data Service (IVDS) licensees

to provide mobile service to subscribers

on an ancillary basis. This action is in

response to a petition for rule making

from EON Corporation. Allowing mobile

operation would enhance the

marketability and usefulness of IVDS as

well as ensure flexible and efficient use

of the IVDS spectrum.

DATES: Comments must be submitted on

or before June 26, 1995 and reply

comments must be filed on or before

July 11, 1995.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Donna Kanin or William Cross at (202)

418–0680, Wireless

Telecommunications Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, WT Docket 95–

47, FCC 95–158, adopted April 13, 1995,

and released May 5, 1995. The full text

of this Notice of Proposed Rule Making

is available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 230, 1919

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

complete text may be purchased from

the Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, Suite 140,

Washington, DC 20037, telephone (202)

857–3800.

Summary of Notice of Proposed

Rulemaking

1. EON Corporation filed a petition for

rule making (RM–8476), Public Notice

No. 2011, requesting that the

Commission amend Part 95 of the Rules,

47 CFR Part 95, to allow Interactive

Video and Data Service (IVDS) licensees

to provide mobile service to subscribers

on an ancillary basis. The primary

objective of the IVDS service rules,

promulgated in 1992, was to satisfy

demands for interactive

communications between subscribers at

fixed locations and video, data, or other
25194 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

service providers. The Commission

believes that the mobility feature will

enhance the marketability and

usefulness of IVDS and ensure that the

IVDS spectrum will be fully utilized,

without impairing the purpose of the

service.

2. The Commission proposes to

amend Section 95.803(b) of the rules to

permit IVDS licensees to provide

ancillary mobile services to fixed

service subscribers within their service

area. This change in the rule would

allow transmissions from a cell

transmitter station (CTS) to a fixed or

mobile response transmitter unit (RTU)

and vice versa at any location within the

service area. The primary use of the

IVDS system, however, must be to

provide subscribers at fixed locations

with the capability to interact with

video, data, or other service providers.

The offering to subscribers of mobile

service only, such as paging or dispatch

services, would not be permitted. As

suggested by EON, we propose to limit

the ERP of RTUs designed to operate as

portables to 100 milliwatts.

3. The Commission seeks specific

comments concerning the proposed rule

amendments, power limitations, and

whether restrictions should be placed

on the types of ancillary mobile services

that IVDS licensees would be permitted

to offer.

4. Initial Regulatory Flexibility

Analysis

Reason for Action

The Commission proposes to amend

Part 95 of its rules to allow ancillary

portable operation in the Interactive

Video and Data Service (IVDS). This

change will allow IVDS licensees to

provide new and innovative

communication services and promote

more efficient and flexible use of IVDS

spectrum.

Objectives

The proposed rules will encourage

rapid deployment and growth of IVDS

systems and enhance

telecommunications offerings for

consumers, producers and new entrants.

Legal Basis

The proposed action is authorized

under Sections 4(i), 303(r) and 307(c) of

the Communications Act, 47 U.S.C.

§ § 154(i), 303(r) and 307(c).

Report, Recordkeeping and Other

Compliance Requirements

None.

Federal Rules Which Overlap,

Duplicate or Conflict With These Rules

None.

Description, Potential Impact, and

Small Entities Involved

The proposed rule change would

benefit IVDS licensees by allowing them

to provide new services. Most IVDS

licensees are expected to be small

entities.

Any Significant Alternatives

Minimizing the Impact on Small

Entities Consistent with the Stated

Objectives

None.

List of Subjects in 47 CFR Part 95

Interactive video and data service

(IVDS), Radio.

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

[FR Doc. 95–11621 Filed 5–10–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 97

[PR Docket No. 93–267; FCC 95–165]

Temporary Operating Authority for

New Amateur Operators

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws the

proposal published at 58 FR 59701,

November 10, 1993 to amend the

Commission’s Rules to provide

temporary operating authority to a

person who passes the examination for

a new amateur operator license and

terminates the proceeding. The

implementation of the electronic filing

of applications in the amateur service

has made the proposed temporary

operating authority unnecessary.

FOR FURTHER INFORMATION CONTACT:

Maurice J. DePont, Federal

Communications Commission, Wireless

Telecommunications Bureau,

Washington DC 20554, (202) 418–0690.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order

adopted April 19, 1995, and released

May 2, 1995. The complete text of this

Commission action is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 230), 1919 M Street, NW.,

Washington, DC. The complete text of

this Memorandum Opinion and Order

may also be ordered from the

Commission’s copy contractor,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, telephone (202)

857–3800.

Summary of Memorandum Opinion

and Order

1. The commenters generally opposed

the concept of a temporary operating

authority for new amateur operators

because they feared that it would be

abused by persons who would fabricate

false call signs and operate without any

license.

2. Subsequent to the issuance of the

proposal in this proceeding, the amateur

service rules were amended to permit

electronic filing of applications by the

volunteer-examiner coordinators. This

recent development has made the

proposed temporary operating authority

unnecessary. Hence, the proposal is

withdrawn and the proceeding is

terminated.

3. This Memorandum Opinion and

Order is issued pursuant to the

authority contained in 47 U.S.C. 154(i).

List of Subjects in 47 CFR Part 97

Radio, Temporary operating authority.

Federal Communications Commission.

LaVera F. Marshall,

Acting Secretary.

[FR Doc. 95–11622 Filed 5–10–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 649, 650, and 651

[I.D. 050395A]

New England Fishery Management

Council; Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting to consider

actions affecting New England fisheries

in the exclusive economic zone.

DATES: The meeting will begin on

Wednesday, May 17, 1995, at 10 a.m.

and on Thursday, May 18, 1995, at 8:30

a.m.

ADDRESSES: The meeting will be held at

the Sheraton Inn, Route 6, Eastham, MA

02642; telephone: (508) 255–5000 or

(800) 533–3986. Requests for special

accommodations should be addressed to

the New England Fishery Management

Council, 5 Broadway, Saugus, MA

01906–1097; telephone: (617) 231–0422.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, (617) 231–0422.