25192 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

1994 edition. Accordingly, in the near

future the Department will publish a

new proposal to incorporate by

reference the 1994 edition.

FOR FURTHER INFORMATION CONTACT:

Karen Boies, Ph.D., Deputy Associate

Director for Addictive Disorders and

Psychiatric Rehabilitation, Veterans

Health Administration, Department of

Veterans Affairs, (202) 535–7316.

Approved: May 2, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

[FR Doc. 95–11574 Filed 5–10–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 228

[FRL–5205–8]

Ocean Dumping; Proposed Site

Modifications and Site Dedesignation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA today proposes to modify

the designation of an Ocean Dredged

Material Disposal Site (ODMDS) and to

dedesignate another ODMDS in the

Atlantic Ocean offshore Charleston,

South Carolina. The proposed

modifications are to extend the period

of use and to provide for improved

management of the Charleston Harbor

Deepening Project ODMDS. The

proposed dedesignation is for the

smaller Charleston ODMDS. These

proposed actions are necessary to

provide an environmentally acceptable

ocean disposal site for projects in the

Charleston area.

DATES: Comments must be received on

or before June 26, 1995.

ADDRESSES: Send comments to: Wesley

B. Crum, Chief, Coastal Programs

Section, Water Management Division,

U.S. Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365.

FOR FURTHER INFORMATION CONTACT: Gary

W. Collins, 404/347–1740 ext. 4286.

SUPPLEMENTARY INFORMATION:

A. Background

Section 102(c) of the Marine

Protection, Research, and Sanctuaries

Act (MPRSA) of 1972, as amended, 33

U.S.C. 1401 et seq., gives the

Administrator of EPA the authority to

designate sites where ocean disposal

may be permitted. On December 23,

1986, the Administrator delegated the

authority to the Regional Administrator

of the Region in which sites are located.

The EPA Ocean Dumping Regulations

promulgated under MPRSA (40 CFR

chapter I, subchapter H, § 228.11) state

that use of disposal sites may be

modified.

The Charleston Harbor Deepening

Project ODMDS was designated on

August 3, 1987 along with a smaller

Charleston ODMDS. A decision to

designate a small site for permanent use

at Charleston was based on projected

future disposal volumes and the ease of

monitoring. The larger Harbor

Deepening Project site, which was the

interim site, was designated for a sevenyear period and restricted to use for

Harbor Deepening material only. The

smaller, permanent Charleston ODMDS

lies within the boundaries of, and

completely in the western portion of,

the larger Charleston Harbor Deepening

Project ODMDS. The sites are defined

by the following coordinates:

Charleston Harbor Deepening Project

ODMDS;

32°38′06′′ N, 79°41′57′′ W;

32°40′42′′ N, 79°47′30′′ W;

32°39′04′′ N, 79°49′21′′ W;

32°36′28′′ N, 79°43′48′′ W.

Charleston ODMDS;

32°40′27′′ N, 79°47′22′′ W;

32°39′04′′ N, 79°44′25′′ W;

32°38′07′′ N, 79°45′03′′ W;

32°39′30′′ N, 79°48′00′′ W.

Recent on-site investigations have

revealed the presence of significant live

bottom resources within and around

both Charleston ODMDSs. These

resources are located primarily in the

western half of the smaller site and

along the southern boundary of the

larger site. While the effects of burial by

dredged material disposal are apparent,

the effects of nearby disposal

(particularly of fine material) on these

resources is yet to be determined.

Ongoing studies are being conducted to

determine whether recently disposed

fine materials are impacting these

resources. Until these studies are

complete, further disposal of all fine

material will be limited to the eastern

portion of the Charleston Harbor

Deepening Project ODMDS to prevent

interference with these studies and to

minimize further potential impacts.

On March 5, 1991 final rulemaking

was issued to modify the Charleston

Harbor Deepening ODMDS to allow

non-harbor deepening projects access to

this site. Since the smaller ODMDS was

the only site available at that time for

such projects, and the resources of

concern were located within that site, it

was determined that such a

modification was necessary for

continued disposal of Charleston Harbor

area projects in an environmentallyacceptable manner.

In March 1993, the EPA and the

Charleston District of the U.S. Army

Corps of Engineers (COE) entered into

an agreement concerning the

management and monitoring of the

Charleston Harbor Deepening ODMDS.

This Site Management Plan (the Plan)

was the result of partnering of the

federal, state and local authorities who

have an interest in ocean disposal and

the protection of marine resources. The

Site Management and Monitoring Team

(the Team) jointly developed the Plan

which outlines specific management

and monitoring objectives for the

Charleston ODMDS. The Team meets

regularly to review the progress and

results of monitoring and makes

recommendations to EPA and the COE

on the management and regulation of

ocean disposal at the site. The current

five year monitoring effort has entered

its third year. Copies of the Plan, which

is scheduled for review in 1997, may be

obtained for review and comment from

either the EPA regional office or the

COE District office.

B. EIS Determination

EPA has voluntarily committed to

prepare Environmental Impact

Statements (EIS) in connection with the

designation of ocean disposal sites (39

FR 16186 (May 7, 1974)). The need for

an EIS in the case of modifications is

addressed in 39 FR 37420 (October 21,

1974), section 1(a)(4). If the change is

judged sufficiently substantial by the

responsible official, an EIS is needed.

The continued use of the Charleston

Harbor Deepening ODMDS is vital to the

management goals of the Plan. The

existence of natural resources within the

smaller ODMDS, by itself, should

preclude any further use of that site. By

allowing the larger ODMDS to receive

material on a continued basis, the need

for the smaller ODMDS no longer exists,

thereby allowing for disposal to occur in

a more environmentally acceptable

location. In addition, disposal within

the larger site will have to proceed in

accordance with the Plan. Strict

adherence to the disposal placement as

specified in the Plan is necessary to

prevent wasted monitoring efforts,

which were designed based on the

disposal of fine-grained materials within

a specific location. Because monitoring

results may cause management

objectives to change, the Plan was

designed so that appropriate changes

could be made with the concurrence of

EPA and the COE. EPA believes these

changes do not warrant the preparation

of an Environmental Impact Statement

(EIS).
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