Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28077

Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

IV. Comments Containing Confidential

Business Information

Any person who submits comments

claimed as CBI must mark the

comments as ‘‘confidential,’’ ‘‘trade

secret,’’ or other appropriate

designation. Comments not claimed as

confidential at the time of submission

will be placed in the public file. Any

comments marked as confidential will

be treated in accordance with the

procedures in 40 CFR part 2. Any party

submitting comments claimed to be

confidential must prepare and submit a

public version of the comments that

EPA can place in the public file.

V. Regulatory Assessment

Requirements

EPA is modifying the requirements of

the rule by eliminating several

requirements. Any costs or burdens

associated with the rule will be reduced

when the rule is modified. Therefore,

EPA finds that no additional

assessments of costs or burdens are

necessary under Executive Order 12866,

the Regulatory Flexibility Act (5 U.S.C.

605(b)), or the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: May 16, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, it is proposed that 40 CFR

part 721 be amended to read as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

would continue to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

2. In § 721.7280 by revising

paragraphs (a)(2)(i) and (a)(2)(ii),

removing paragraphs (a)(2)(iii) and

(a)(2)(iv), and revising paragraph (b)(1)

to read as follows:

§ 721.7280 1,3-Propanediamine, N,N′′-1,2-

ethanediylbis-, polymer with 2,4,6-trichloro1,3,5-triazine, reaction products with Nbutyl-2,2,6,6-tetramethyl-4-piperidinamine

(a) * * *

(2) * * *

(i) Protection in the workplace.

Requirements as specified in

§ 721.63(a)(1), (a)(2)(iii), (a)(3), (a)(4),

(a)(5)(i), (a)(5)(ii), (a)(5)(iv), (a)(5)(v),

(a)(6)(i), (a)(6)(ii), (b)(concentration set

at 0.1 percent) and (c).

(ii) Hazard communication program.

Requirements as specified in § 721.72(a)

through (f), (g)(1)(iv), (g)(1)(viii),

(g)(2)(i), (g)(2)(ii), (g)(2)(iii), (g)(2)(iv),

(g)(2)(v), and (g)(5).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721.125(a) through (i) are applicable to

manufacturers, importers, and

processors of this substance.

* * * * *

[FR Doc. 95–13135 Filed 5–26–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 298

[Docket No. R–154]

RIN 2133–AB14

Obligations Guarantees; Program

Administration

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Extension of comment period.

SUMMARY: The Maritime Administration

(MARAD) is hereby extending the

period for submitting comments on the

NPRM that was published on April 26,

1995. The original comment period was

to end on May 26, 1995. This

rulemaking is intended to improve the

administration of the entire Title XI loan

guarantee program that is essential to

the re-entry of United States

shipbuilders into the commercial

market. This extension is being granted

at the request of the American

Shipbuilding Association, which

represents shipyards that employ a large

percentage of the workers employed in

private U.S. shipbuilding facilities and

which is vitally interested in the Title

XI program.

DATES: Written comments are requested

and must be received on or before June

13, 1995.

ADDRESSES: Comments may be mailed

or otherwise delivered to the Secretary,

Maritime Administration, Room 7210,

Department of Transportation, 400

Seventh Street SW., Washington, D.C.

20590. All comments will be made

available for inspection during normal

business hours at the above address.

Commenters wishing MARAD to

acknowledge receipt of comments

should enclose a stamped self-addressed

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

David A. Lippold, Examiner, Division of

Capital Assets Management, Office of

Ship Financing, Maritime

Administration, Room 8122, 400

Seventh Street SW., Washington, D.C.

20590. Telephone 202–366–1907.

Dated: May 25, 1995.

By Order of the Maritime Administrator.

Joel C. Richard,

Secretary, Maritime Administration.

[FR Doc. 95–13253 Filed 5–26–95; 8:45 am]

BILLING CODE 4910–81–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket No. 95–59; FCC 95–180]

Preemption of Local Zoning

Regulations

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Commission has

proposed revisions to its rule

preempting local regulation of satellite

earth stations. These revisions are being

proposed in response to two Petitions

for Declaratory Ruling filed by Satellite

Broadcasting and Communications

Association and Hughes Network

Systems, Inc. and as a result of the

decision of the U.S. Court of Appeals of

the Second Circuit where the court

invalidated the requirement that

satellite-antenna users exhaust all other

legal remedies before petitioning the

Commission for a declaratory ruling.
28078 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules

The revised rule modifies the

exhaustion of remedies requirement to

permit Commission interpretation of the

rule prior to judicial review; modifies

the reasonableness test in the current

rule including establishing presumption

of unreasonableness; provides a waiver

process by which communities may

request a waiver of some or all of this

rule in recognition of local interests; and

provides for immediate relief in

particular cases by entertaining

petitions for declaratory relief under the

current rule on an interim basis pending

completion of this rulemaking.

DATES: Comments are due by July 14,

1995; reply comments are due by

August 15, 1995.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Rosalee Chiara, International Bureau,

Satellite and Radiocommunication

Division, Satellite Policy Branch, (202)

739–0730.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making in IB Docket No.

95–59; FCC 95–180, adopted April 27,

1995 and released May 15, 1995. The

complete text of this Notice of Proposed

Rule Making is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW.,

Washington, D.C., and also may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 2100 M Street,

NW., Suite 140, Washington, DC 20037.

Summary of Notice of Proposed Rule

Making

In 1986, the Commission adopted a

rule preempting local regulation of

satellite earth stations that differentiated

between satellite receive-only antennas

and other types of antenna facilities

unless the regulations (a) have a

reasonable and clearly defined health,

safety, or aesthetic objective and (b) do

not put unreasonable limitations on, or

prevent, reception or impose

unreasonable costs on users. The rule

also preempted local regulation of

satellite transmitting antennas in the

same manner except that health and

safety regulation was not preempted (47

CFR 25.104). Since that time,

consumers, satellite system operators,

local governments, and the Commission

have gained significant experience

working with this rule. Based in part on

this experience, the Satellite

Broadcasting and Communications

Association (‘‘SBCA’’) and Hughes

Network Systems, Inc. (‘‘Hughes’’) filed

petitions for declaratory rulings on our

satellite-antenna preemption rule. In

addition, the U.S. Court of Appeals for

the Second Circuit invalidated the

requirement that satellite-antenna users

exhaust all other legal remedies before

petitioning the Commission for relief.

Town of Deerfield, New York v. FCC,

1992 F.2d 420 (2d Cir. 1992)

(‘‘Deerfield’’). In 1993, we sought

comment on the SBCA and Hughes

petitions, as well as on the appropriate

action for the Commission to take in

response to the Second Circuit’s

decision.

Based on the petitions, the comments

received in this proceeding, and our

experience administering Commission

preemption policies since 1986, we

tentatively concluded that, in light of

the Second Circuit’s Deerfield decision,

we should modify our exhaustion of

remedies requirement to permit us to

interpret our preemption rule prior to

any judicial review. We also tentatively

conclude that in order to facilitate

application of the Commission’s

interpretations in varied factual settings,

to minimize intrusion upon local

prerogatives in land-use regulation, and

to promote full and fair competition

between satellite services and other

means of communication, we must

revise the preemption rule itself.

Accordingly, we are denying both

petitions for declaratory relief and

issuing this Notice of Proposed

Rulemaking, which proposes changes in

§ 25.104. In addition, we announce our

willingness to entertain petitions for

declaratory relief with respect to

particular zoning disputes during the

pendency of this proceeding.

We also propose revisions of the

current rule’s ‘‘reasonableness’’ test.

These include elimination of the

requirement that preemptable local

ordinance differentiate in the treatment

of antennas. In addition, the NPRM

proposes changes in how the rule

applies to regulations that increase

users’ costs or diminish reception. The

proposed rule also establishes

presumptions of unreasonableness for

regulations that affect antennas less than

one meter in size and those that affect

antennas less than 2 meters in size in an

area where commercial or industrial use

is permitted. The proposals include

several other modifications of the rule

and also provide that local government

can request waivers of the rule under

certain circumstances.

We solicit comments from all

interested parties, including service

providers, equipment manufacturers,

consumers, programmers, land-use

managers, and other representatives of

local governments. A full and complete

record in this matter will ensure that

our final rule takes into consideration

the views of all these persons.

Ordering Clauses

Accordingly, it is ordered That,

pursuant to sections 1.4(i), 4(j) and

303(r) of the Communications Act of

1934, as amended, 47 U.S.C. 151, 154(i),

154(j), and 303(r) notice is hereby given

of the proposed amendments to § 25.104

of the Commission’s rules, 47 CFR

25.104, in accordance with the

proposals in this Notice of Proposed

Rulemaking, and that comment is

sought regarding such proposals.

It is further ordered. That the petitions

for declaratory relief filed by SBCA and

Hughes are denied.

It is further ordered That the Secretary

shall send a copy of this Notice of

Proposed Rulemaking, including the

Initial Regulatory Flexibility Analysis,

to the Chief Counsel for Advocacy of the

Small Business Administration in

accordance with paragraph 603(a) of the

Regulatory Flexibility Act, Pub. L. No.

96–354, 94 Stat. 1164, 5 U.S.C. 601 et

seq. (1981).

Administrative Matters

Pursuant to applicable procedures set

forth in §§ 1.415 and 1.419 of the

Commission’s rules, 47 CFR 1.415 and

1.419, interested parties may file

comments on or before July 14, 1995

and reply comments on or before

August 15, 1995. To file formally in this

proceeding, you must file an original

plus four copies of all comments, reply

comments, and supporting comments. If

you want each Commissioner to receive

a personal copy of your comments, you

must file an original plus nine copies.

You should send comments and reply

comments to Office of the Secretary,

Federal Communications Commission,

Washington, DC 20554. Comments and

reply comments will be available for

public inspection during regular

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC 20554.

This is a non-restricted notice and

comment rulemaking proceeding. Ex

parte presentations are permitted,

except during the Sunshine Agenda

period, provided they are disclosed as

provided in the Commission Rules. See

generally 47 CFR 1.1202, 1.1203, and

1.1206(a).

Initial Regulatory Flexibility Act

Statement

As required by section 603 of the

Regulatory Flexibility Act, the

Commission has prepared an Initial

Regulatory Flexibility Analysis (IRFA)

of the expected impact on small entities

of the proposals suggested in this
Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Proposed Rules 28079

document. Written public comments are

requested on the IRFA. These comments

must be filed in accordance with the

same filing deadlines as comments on

the rest of the Notice, but they must

have a separate and distinct heading

designating them as responses to the

Initial Regulatory Flexibility Analysis.

List of Subjects in 47 CFR Part 25

Satellites.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Part 25 of Title 47 of the Code of

Federal Regulations is proposed to be

amended, as follows:

PART 25—SATELLITE

COMMUNICATIONS

1. The authority citation for part 25

continues to read as follows:

Authority: Sections 25.101 to 25.601

issued under Sec. 4, 48 Stat. 1066, as

amended; 47 U.S.C. 154. Interpret or apply

secs. 101–104, 76 Stat. 416–427, 47 U.S.C.

701–744; 47 U.S.C. 554.

2. Section 25.104 is revised to read as

follows:

§ 25.104 Preemption of local zoning of

earth stations.

(a) Any state or local land-use,

building, or similar regulation that

substantially limits reception by

receive-only antennas, or imposes

substantial costs on users of such

antennas, is preempted unless the

promulgating authority can demonstrate

that such regulation is reasonable in

relation to:

(1) A clearly defined, and expressly

stated health, safety, or aesthetic

objective; and

(2) The federal interest in fair and

effective competition among competing

communications service providers.

(b) Any regulation covered by

paragraph (a) of this section shall be

presumed unreasonable if it affects the

installation, maintenance, or use of:

(1) A satellite receive-only antenna

that is two meters or less in diameter

and is located or proposed to be located

in any area where commercial or

industrial uses are generally permitted

by local land-use regulation: or

(2) A satellite receive-only antenna

that is one meter or less in diameter in

any area.

(c) Any presumption arising from

paragraph (b) of this section may be

rebutted upon a showing that the

regulation in question:

(1) Is necessary to accomplish a

clearly defined and expressly stated

health or safety objective;

(2) Is no more burdensome to satellite

users than is necessary to achieve the

health or safety objective;

(3) Is specifically applicable to

antennas of the class mentioned in

paragraph (b) of this section.

(d) Regulation of satellite transmitting

antennas is preempted to the same

extent as provided in paragraph (a) of

this section, except that state and local

health and safety regulations relating to

radio frequency radiation of

transmitting antennas are not preempted

by this rule.

(e) Any person aggrieved by the

application or potential application of a

state or local zoning or other regulation

in violation of paragraph (a) of this

section may, after exhausting all

nonfederal administrative remedies, file

a petition with the Commission

requesting a declaration that the state or

local regulation in question is

preempted by this section. Nonfederal

administrative remedies, which do not

include judicial appeals of

administrative determinations, shall be

deemed exhausted when

(1) The petitioner’s application for a

permit or other authorization required

by the state or local authority has been

denied and any administrative appeal

has been exhausted;

(2) The petitioner’s application for a

permit or other authorization required

by the state or local authority has been

pending with that authority for ninety

days;

(3) The petitioner has been informed

that a permit or other authorization

required by the state or local authority

will be conditioned upon the

petitioner’s expenditure of an amount

greater than the aggregate purchase and

installation costs of the antenna; or

(4) A state or local authority has

notified the petitioner of impending

civil or criminal action in a court of law

and there are no more nonfederal

administrative steps to be taken.

(f) Any state or local authority that

wishes to maintain and enforce zoning

or other regulations inconsistent with

this section may apply to the

Commission for a full or partial waiver

of this section. Such waivers may be

granted by the Commission in its sole

discretion, upon a showing by the

applicant that local concerns of a highly

specialized or unusual nature create an

overwhelming necessity for regulation

inconsistent with this section. No

application for waiver shall be

considered unless it includes the

particular regulation for which waiver is

sought. Waivers granted according to

this rule shall not apply to later-enacted

or amended regulations by the local

authority unless the Commission

expressly orders otherwise.

[FR Doc. 95–13116 Filed 5–26–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Parts 80, 90, and 95

[WT Docket No. 95–56, FCC 95–174]

Low Power Radio and Automated

Maritime Telecommunications

Systems Operations in the 216–217

MHz Band

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission had adopted

a Notice of Proposed Rule Making

which seeks to permit the shared use of

the 216–217 MHz band, on a secondary,

non-interference basis, for a new Low

Power Radio Service to include law

enforcement tracking systems, auditory

assistance devices for the hearingimpaired, and health care assistance

devices for disabled and ill persons.

Further, the Commission seeks to permit

Automated Maritime

Telecommunications Systems (AMTS)

coast stations to also share this band on

a secondary, non-interference basis for

point-to-point network control

communications. This action stems

from the Commission’s Notice of

Proposed Rule Making and Notice of

Inquiry in PR Docket 92–257 which

sought to compile a record of viable,

alternative uses for this one megahertz

of maritime mobile spectrum. Thus, the

proposed rules should aid law

enforcement efforts in the recovery of

stolen goods, further the goals of the

Americans With Disabilities Act of 1990

(ADA), increase access to educational

and health care opportunities for

persons with disabilities and illnesses,

increase the number of channels

available to the AMTS for operational

control communications, and promote

the efficient use of maritime spectrum.

DATES: Comments must be filed on or

before July 18, 1995, and reply

comments must be filed on or before

August 17, 1995.

ADDRESSES: Federal Communications

Commission, 1919 M Street, NW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Roger Noel of the Wireless

Telecommunications Bureau at (202)

418–0680.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, WT Docket No.

95–56, FCC 95–174, adopted April 25,

1995, and released, May 16, 1995. The