Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3555

environmental impact statement is not

required under the National

Environmental Policy Act of 1969.

Because the Department, by removing

these regulations, is simply relying on

more comprehensive internal

regulations which are already in place,

the Department for good cause, within

the meaning of 5 U.S.C. 553(b)(B), finds

that notice and public comment on the

rule are not required. Finally, the DOI

has determined that the rule has no

federalism implications affecting the

relationship between the national

government and the states, as outlined

in Executive Order 12612.

This rule does not contain

information collection requirements

which require approval by the Office of

Management and Budget under 44

U.S.C. 3501 et seq.

The primary author of this document

is Gregory G. Haller, Quarters Program

Manager, Administrative Service Center.

List of Subjects

41 CFR Part 114–51

Government property management,

Housing.

41 CFR Part 114–52

Administrative practice and

procedure, Government employees,

Government property management,

Housing, Reporting and recordkeeping

requirements.

Robert J. Lamb,

Acting Assistant Secretary—Policy,

Management and Budget.

For the reasons set forth in the

preamble, under the authority at 5

U.S.C. 5911(f), 41 CFR chapter 114 is

amended as set forth below.

PART 114–51—GOVERNMENT

FURNISHED QUARTERS

1. The authority citation for part 114–

51 continues to read as follows:

Authority: 5 U.S.C. 301.

2. The heading of part 114–51 is

revised as set forth above.

Subpart 114–51.1—General

3. The heading of subpart 114–51.1 is

revised as set forth above.

4. Section 114–51.100 is revised to

read as follows:

§ 114–51.1000 Departmental Quarters

Handbook.

The Office of Acquisition and

Property Management (PAM) has

prepared the Departmental Quarters

Handbook (DQH), 400 DM, which

provides detailed guidelines governing

administration, management and rental

rate establishment activities relating to

Government furnished quarters (GFQ).

Officials responsible for administration

and management of quarters shall

implement and comply with the

provisions of the DQH, and shall ensure

its availability for examination by all

employees.

§ 114–51.101 [Removed]

5. Section 114–51.101 is removed.

§ 114–51.102 [Removed]

6. Section 114–51.102 is removed.

Subpart 51.2 [Removed]

7. Subpart 51.2 is removed.

Subpart 51.3 [Removed]

8. Subpart 51.3 is removed.

Part 114–52 [Removed]

9. Part 114–52 is removed.

[FR Doc. 95–1111 Filed 1–17–95; 8:45 am]

BILLING CODE 4310–RF–M

Bureau of Land Management

43 CFR Public Land Order 7112

[CA–940–1430–01; CACA 24052]

Withdrawal of Public Land for Indian

Creek Recreation Area; California

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order withdraws

2,104.42 acres of public land from

surface entry and mining for a period of

20 years for the Bureau of Land

Management to protect recreation

improvements and resources within the

Indian Creek Recreation Area. The land

has been and will remain open to

mineral leasing.

EFFECTIVE DATE: January 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Duane Marti, BLM California State

Office, 2800 Cottage Way, Sacramento,

California 95825, 916–978–4820.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location or entry under general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)),

but not from leasing under the mineral

leasing laws, to protect the recreation

improvements and resources within the

Indian Creek Recreation Area:

Mount Diablo Meridian

T. 10 N., R. 20 E.,

Sec. 3, W1⁄2 lot 5, W1⁄2 lot 6, lot 7, E1⁄2 lot

8, E1⁄2W1⁄2 lot 8, W1⁄2 lot 9, W1⁄2E1⁄2 lot

9, lots 10 and 11, E1⁄2 lot 12, E1⁄2W1⁄2 lot

12, W1⁄2SW1⁄4, W1⁄2E1⁄2SW1⁄4, E1⁄2SE1⁄4,

and E1⁄2W1⁄2SE1⁄4;

Sec. 4, S1⁄2W1⁄2 lot 5, S1⁄2N1⁄2E1⁄2 lot 6,

S1⁄2E1⁄2 lot 6, W1⁄2 lot 6, lots 7 and 8, E1⁄2

lot 9, E1⁄2 lot 10, E1⁄2 lot 11, lots 17 and

18, SW1⁄4, and S1⁄2SE1⁄4;

Sec. 8, NE1⁄4NE1⁄4, NE1⁄4SE1⁄4,

N1⁄2SE1⁄4SE1⁄4, and SE1⁄4SE1⁄4SE1⁄4;

Sec. 9, NE1⁄4NE1⁄4, SW1⁄4NE1⁄4,

N1⁄2SE1⁄4NE1⁄4, N1⁄2NW1⁄4, SW1⁄4, and

NW1⁄4SE1⁄4;

Sec. 10, W1⁄2E1⁄2NE1⁄4, E1⁄2W1⁄2NE1⁄4,

NW1⁄4NW1⁄4, N1⁄2SW1⁄4NW1⁄4,

W1⁄2NE1⁄4SE1⁄4, and E1⁄2NW1⁄4SE1⁄4.

The area described contains 2,104.42 acres

in Alpine County.

2. The withdrawal made by this order

does not alter the applicability of those

public land laws governing the use of

the land under lease, license, or permit,

or governing the disposal of their

mineral or vegetative resources other

than under the mining laws.

3. This withdrawal will expire 20

years from the effective date of this

order unless, as a result of a review

conducted before the expiration date

pursuant to Section 204(f) of the Federal

Land Policy and Management Act of

1976, 43 U.S.C. 1714(f) (1988), the

Secretary determines that the

withdrawal shall be extended.

Dated: January 6, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–1225 Filed 1–17–95; 8:45 am]

BILLING CODE 4310–40–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 22

[CC Docket No. 92–115]

Public Mobile Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule; suspension of

effectiveness.

SUMMARY: On September 9, 1994, the

Commission release a Report and Order

revising its Part 22 Rules governing the

Public Mobile Services. The instant

Order responds to requests for stay of

certain of these rules, which went into

effect on January 1, 1995. Specifically,

the Order suspends the effective date of

certain Part 22 Rules affecting the

processing of 931 MHz paging

applications, stays a new policy

prohibiting two different licensees from

sharing the same transmitter, and denies

a request for stay of a new rule designed
3556 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

to prevent fraudulent use of cellular

electronic serial numbers. The intent of

the foregoing suspension and stay is to

achieve the objectives of updating,

streamlining, and expediting the

procedures in its licensing process

without the subsequent consequences of

delay and operational, administrative

burden on service providers and the

Commission.

EFFECTIVE DATE: December 30, 1994.

FOR FURTHER INFORMATION CONTACT: B.C.

‘‘Jay’’ Jackson, Jr., R. Barthen Gorman,

Commercial Radio Division; and David

H. Siehl, Policy Division, Wireless

Telecommunications Bureau, (202) 418–

1310.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Order in

CC Docket No. 92–115, FCC 94–357,

adopted December 30, 1994, and

released January 10, 1995.

The complete text of this Order is

available for inspection and copying

during normal business hours in the

FCC Dockets Branch (Room 230), 1919

M Street, NW., Washington, DC, and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service, at

(202) 857–3800, 2100 M Street, NW.,

Suite 140, Washington, DC 20037.

Synopsis of Order

1. The Commission recently adopted

a Report and Order in this docket,

completely revising Part 22 of its Rules

and providing for the new Rules to go

into effect on January 1, 1995. Report

and Order, CC Docket No. 92–115, 9

FCC Rcd 6513 (1994), 59 FR 59502, Nov.

17, 1994 (Part 22 Order). The

Commission has received stay requests

from the Personal Communications

Industry Association (PCIA) and the

Mobile and Personal Communications

800 Section of the Telecommunications

Industry Association (TIA) with respect

to the effective date of certain aspects of

the Part 22 Order. PCIA requests that the

Commission stay implementation of the

Part 22 Order with respect to (1) new

application processing rules for 931

MHz paging, and (2) its policy

prohibiting two Part 22 licensees from

sharing a single transmitter. TIA

requests that the Commission stay

implementation of Section 22.919 of its

Rules, which conditions typeacceptance of new cellular telephone

equipment on use of electronic serial

numbers (ESNs) that cannot be altered

once they are set by the manufacturer.

931 MHz Paging Rules

2. In the Part 22 Order, the

Commission adopted new procedures

for processing of 931 MHz paging

applications, based on frequencyspecific applications and use of

competitive bidding to select licensees

in the event of mutually exclusive

applications. The Commission further

stated that all 931 MHz applicants with

applications pending at the time the

new rules went into effect would be

given 60 days to amend their

applications in accordance with these

procedures.

3. The Commission has decided not to

address the merits of PCIA’s petition at

this time, but instead will temporarily

suspend implementation of the new 931

MHz application procedures on its own

motion. This temporary suspension of

the new procedures arises directly from

the discussion of 931 MHz paging in the

Part 22 Order. In the Part 22 Order, the

Commission observed that certain

paging applications that had previously

been granted, denied, or dismissed

under the old rules remained before it

in the form of petitions for

reconsideration and applications for

review. The Commission concluded that

these cases should be decided, to the

extent possible, under its existing

paging rules before the effective date of

the new rules. The Commission further

stated that if all pending petitions

relating to 931 MHz applications were

not acted upon by January 1,1995, it

would stay the effect of new Section

22.541 of our Rules concerning 931

MHz applications and also stay the 60-

day amendment procedure for all

pending 931 MHz applications until the

cases were resolved by order.

4. The Commission has determined

that additional time is required to

resolve certain of these cases, and it is,

therefore, suspending Section 22.541 of

the Rules and the 60-day amendment

procedure for pending 931 MHz

applications until further notice. This

order also suspends implementation of

Section 22.131, which superseded

Section 22.541 as of January 2, 1995,

insofar as it affects 931 MHz paging

applications. See Third Report and

Order. Implementation of Sections 3(n)

and 332 of the Communications Act,

Regulatory Treatment of Mobile

Services, GN Docket No. 93–252, FCC

94–212, adopted August 9, 1994,

released September 23, 1994; 59 FR

59945, Nov. 21, 1994. Consequently, the

Commission concludes that action on

PCIA’s request to stay the effective date

of the 931 MHz application processing

rules is unnecessary for the time being,

and therefore, is deferring consideration

of PCIA’s petition until further notice.

Sharing of Transmitters

5. In the Part 22 Order, the

Commission stated that as a matter of

policy, it intended to prohibit two or

more Part 22 licensees from sharing a

single transmitter. The concern in

establishing this policy was that shared

use of the same transmitter by two

different licensees could raise questions

regarding the control of and

responsibility for the transmitter. PCIA

requests a stay of this policy on the

grounds that it is inconsistent with the

past Commission practice and that

implementation of the policy would

cause irreparable harm to existing

licensees and the public.

6. The Commission concludes that a

stay is justified in this case, because it

has allowed dual licensing of Part 22

transmitters in the past, and continues

to allow dual licensing in the private

services. The Commission is concerned

that reversing this policy with respect to

Part 22 services could result in

inconsistent treatment of similar

services, in violation of the principle of

regulatory parity. Among other reasons,

the Commission also concludes that a

stay of the new policy will not cause

harm to other parties to the proceeding

or the public. Therefore, the

Commission concludes that

implementation of its policy against

dual licensing of transmitters should be

stayed pending reconsideration.

Cellular Electronic Serial Numbers

7. To combat the problem of cellular

fraud, the Commission adopted a new

rule in the Part 22 Order requiring

cellular telephone manufacturers to

install unalterable electronic serial

numbers (ESNs) in all new cellular

telephone equipment for which typeacceptance is sought after January 1,

1995. The new § 22.919(c) of the Rules

provides that the ESN must be factory

set and must not be ‘‘alterable,

transferable, removable or otherwise

able to be manipulated.’’ The purpose of

this requirement is to prevent the

reprogramming of cellular telephones

with unauthorized or ‘‘cloned’’ ESNs.

8. TIA requests a stay of § 22.919(c),

and argues that requiring the use of

unalterable or ‘‘hardened’’ ESNs will

impose significant new costs on

manufacturers and will cause customer

dissatisfaction by preventing

manufacturer’s authorized agents from

making routine repairs and upgrades of

cellular equipment in the field that

involve changing the ESN. TIA also

contends that the requirement is

effective in combating fraud. The

Cellular Telecommunications Industry

Association (CTIA) opposed TIA’s

motion for stay.

9. On review of the pleadings, the

Commission concludes that TIA has not

met the legal standard for granting a
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3557

stay. First, without prejudging a

separate petition for reconsideration

filed by TIA, the Commission concludes

that TIA has not shown that the petition

is likely to prevail on the merits. In

particular, TIA’s argument that the

Commission should adopt anti-fraud

rules based on authentication

procedures does not require

abandonment of ESN protection rules;

instead, if TIA’s alternative

methodology proves effective, it offers a

potentially complementary level of

protection against fraud rather than a

substitute for ESN regulation.

10. Second, the Commission is not

persuaded that either manufacturers or

cellular customers will be irreparably

harmed if the stay motion is not granted.

The new ESN rule applies only to new

equipment receiving type acceptance

after January 1, 1995. Thus,

manufacturers may continue to produce

equipment under previous typeacceptances without being required to

install hardened ESNs. Finally, the cost

of allowing ESN ‘‘cloning’’ to go

virtually unchecked is far greater than

the cost of implementing the new rule.

The Commission therefore concludes

that TIA’s motion for stay should be

denied.

Ordering Clauses

11. Accordingly, it is ordered that the

effective date of new Section 22.541 of

our Rules, the application of new

Section 22.131 of our Rules insofar as it

applies to 931 MHz paging applications,

and the 60-day amendment procedure

for all pending 931 MHz paging

applications described in paragraph 98

of the Part 22 Order are stayed, effective

as of the adoption date of this Order,

until further notice.

12. It is further ordered That action on

the Petition for Partial Stay filed by the

Personal Communications Industry

Association on December 19, 1994, with

respect to implementation of new 931

MHz processing rules is deferred until

future notice.

13. It is further ordered That the

effective date of the policy prohibiting

two licensees from sharing a single

transmitter, as described in paragraph

71 of the Part 22 Order, is stayed,

effective as of the adoption date of this

order, until further notice.

14. It is further ordered That the

Motion for Stay filed by the Mobile and

Personal Communications 800 Section

of the Telecommunications Industry

Association on December 19, 1994, is

denied.

List of Subjects in 47 CFR Part 22

Communications common carriers,

Radio, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

For the reasons set forth in the

preamble, 47 CFR part 22 is amended as

follows:

PART 22—PUBLIC MOBILE SERVICES

1. The authority citation for part 22

continues to read as follows:

Authority: 47 U.S.C. 154, 303, unless

otherwise noted.

2. Section 22.541 is stayed until

further notice.

[FR Doc. 95–1218 Filed 1–13–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 73

[MM Docket No. 92–148; RM–8022]

Radio Broadcasting Services; Ludlow,

CA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

261B1 to Ludlow, California, as that

community’s second local FM broadcast

service, in response to a petition for rule

making filed on behalf of Miracle

Broadcasting. See 57 FR 31996, July 20,

1992. Coordinates used for Channel

261B1 at Ludlow are 34–47–31 and

116–03–56. Ludlow is located within

320 kilometers (199 miles) of the

Mexican border, and therefore,

concurrence of the Mexican government

to this proposal was obtained. With this

action, the proceeding is terminated.

DATES: Effective date:

February 27, 1995. The window

period for filing applications on

Channel 261B1 at Ludlow, California,

will open on February 27, 1995, and

close on March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

634–6530. Questions related to the

window application filing process for

Channel 261B1 at Ludlow, California,

should be addressed to the Audio

Services Division, FM Branch, (202)

418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 92–148,

adopted January 4, 1995, and released

January 12, 1995. 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, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, located at

1919 M Street, NW, Room 246, or 2100

M Street, NW, Suite 140, Washington,

D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under California, is

amended by adding Channel 261B1 at

Ludlow.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–1155 Filed 1–17–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC23

Endangered and Threatened Wildlife

and Plants; Gymnoderma Lineare

(Rock Gnome Lichen) Determined To

Be Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) determines the lichen

Gymnoderma lineare (rock gnome

lichen) to be an endangered species

under the authority of the Endangered

Species Act of 1973, as amended (Act).

This lichen, which is limited to 25

populations in North Carolina and 7

populations in Tennessee, is threatened

by collection, logging, and habitat

disturbance due to heavy use by hikers

and climbers. It is also indirectly

threatened by exotic insect pests and

possibly air pollution, which are

contributing to the demise of the Fraser

fir forests at higher elevations in the