28874 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules

Anchorage CO nonattainment area was

reclassified as a serious CO

nonattainment area by operation of law

(see 62 FR 63687, (December 2, 1997)).

As a result of this reclassification, the

State was to attain the CO NAAQS as

expeditiously as practicable but no later

than December 31, 2000, the CAA

attainment date for serious areas.

II. EPA’s Proposed Action

EPA is, by today’s action, making the

determination that the Anchorage

serious CO nonattainment area did

attain the CO NAAQS by the attainment

date of December 31, 2000. As

explained below, the Anchorage

nonattainment area remains classified a

serious CO nonattainment area, and

today’s action does not redesignate the

Anchorage nonattainment area to

attainment.

III. Basis for EPA’s Action

Alaska has four CO monitoring sites

in the Anchorage CO nonattainment

area. The air quality data in AIRS for

these monitors show that, for the 2-year

period from 1999 through 2000, there

were no violations of the annual CO

standard. The highest 8-hour annual

average measured during this 2-year

period was at the Trinity Christian

Church monitoring site in 1999 where

the 8-hour CO NAAQS average

measured 7.8 ppm. Based on this

information, EPA has determined that

the area attained the CO NAAQS

standard as of the attainment date of

December 31, 2000.

In summary, EPA proposes to find

that the Anchorage CO nonattainment

area attained the CO NAAQS as of the

attainment date of December 31, 2000.

If we finalize this proposal, consistent

with CAA section 188, the area will

remain a serious CO nonattainment area

with the additional planning

requirements that apply to serious CO

nonattainment areas. This proposed

finding of attainment should not be

confused with a redesignation to

attainment under CAA section 107(d).

Alaska has not submitted a maintenance

plan as required under section 175A(a)

of the CAA or met the other CAA

requirements for redesignation to

attainment. The designation status in 40

CFR part 81 will remain serious

nonattainment for the Anchorage CO

nonattainment area until such time as

EPA finds that Alaska has met the CAA

requirements for redesignations to

attainment.

IV. Request for Public Comments

We are soliciting public comments on

EPA’s proposal to find that the

Anchorage CO nonattainment area has

attained the CO NAAQS as of the

December 31, 2000, attainment date.

These comments will be considered

before taking final action. Interested

parties may participate in the Federal

rulemaking process by submitting

written comments to the EPA Regional

office listed in the ADDRESSES section of

this document.

V. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

action is not a ‘‘significant regulatory

action’’ and therefore is not subject to

review by the Office of Management and

Budget. This proposed action merely

makes a determination based on air

quality data and does not impose any

requirements. Accordingly, the

Administrator certifies that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this proposed rule does

not impose any enforceable duty, it does

not contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4). This proposed rule also

does not have a substantial direct effect

on one or more Indian tribes, on the

relationship between the Federal

Government and Indian tribes, or the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000), nor will

it have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

makes a determination based on air

quality data and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This proposed rule also

is not subject to Executive Order 13045

(62 FR 19885, April 23, 1997), because

it is not economically significant.

The requirements of section 12(d) of

the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this proposed rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct. EPA

has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the executive

order. This proposed rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

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

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Dated: May 16, 2001.

Charles Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 01–13277 Filed 5–24–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1183; MM Docket No. 01–58; RM–

10071]

Radio Broadcasting Services; Morenci,

AZ

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: This document dismisses a

petition filed on behalf of Copper Valley

Radio proposing the allotment of

Channel 290A to Morenci, Arizona, as

that community’s first local aural

transmission service, based upon the

lack of an expression of interest in

pursuing the proposal by any party. See

66 FR 13870, March 8, 2001. With this

action, this proceeding is terminated.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–58,

adopted May 2, 2001, and released May

11, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Information Center (Room CY–A257),

445 Twelfth Street, SW., Washington,

DC 20036, (202) 857–3800. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28875

Street, NW., Washington, D.C. 20036,

(202) 857–3800.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–13244 Filed 5–24–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–2001–9600; Notice 1]

Federal Motor Vehicle Safety

Standards; FMVSS No. 121, Air Brake

Systems

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Denial of petition for

rulemaking, Motor & Equipment

Manufacturers Association—Heavy

Duty Brake Manufacturers Council

SUMMARY: On January 16, 2001, the

Heavy Duty Brake Manufacturers

Council (HDBMC) of the Motor &

Equipment Manufacturers Association

petitioned NHTSA to delay the

implementation date for transmittal of

antilock braking system (ABS)

malfunction signals from trailers to

tractors and trucks that are equipped to

tow trailers. These requirements are

specified in S5.1.6.2(b) for trucks and

tractors, and S5.2.3.2 for trailers, of

FMVSS No. 121, Air Brake Systems. The

petitioner cites difficulties of its

member companies in obtaining suitable

computer chips at a reasonable cost to

perform the ABS malfunction signal

communications. However, the agency

believes that the member companies’

failure to reach suitable business

arrangements with their supplier and a

holder of a patent on this technology

has resulted in this situation. The

agency notes that nearly five years of

lead time was provided to meet these

requirements. The current difficulties

cited by the petitioner normal

commercial problems, not a lack of

available technology. This petition is

denied.

FOR FURTHER INFORMATION CONTACT: Mr.

Jeff Woods, Office of Crash Avoidance

Standards, National Highway Traffic

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Telephone (202) 366–6206; fax (202)

366–4329.

SUPPLEMENTARY INFORMATION: NHTSA

has been petitioned by the Heavy Duty

Brake Manufacturers Council (HDBMC)

to delay implementation of the in-cab

warning lamp requirements in FMVSS

No. 121. These requirements became

effective March 1, 2001. The HDBMC

petition dated January 16, 2001, asked

for a one-year extension to March 1,

2002. The requirements apply to airbraked vehicles that tow or are towed by

other air-braked vehicles, such as

tractors, trucks, trailers, and converter

dollies. The in-cab warning lamp

provides the driver with an indication

on the truck instrument panel that there

is a malfunction in the ABS of a towed

vehicle, so that the driver can identify

such malfunctions and have them

corrected. The requirements for ABS

malfunction signaling between towed

and towing vehicles were originally

adopted in a final rule issued on March

10, 1995 (60 FR 13216). These

requirements underwent slight revisions

and were finalized in their present form

in a final rule issued on May 31, 1996

(61 FR 27288).

In 1997, the industry formed the PLC–

4–TRUCKS consortium to develop a

system to transmit the trailer ABS

malfunction signals between towing and

towed vehicles. The industry believed

that the systems commercially-available

at that time did not meet all of the

industry’s needs, which include the

ability of the system to be incorporated

into the ABS electronic control units

installed on the subject vehicles; the

availability of a system that is not

proprietary and thus any manufacturer

could produce the needed components;

and the ability of the system to work

within the existing wiring common

among heavy-duty tractors and trailers.

The PLC–4–TRUCKS system that was

developed by the consortium uses

computer chips manufactured by

Intellon Corporation that provide

spread-spectrum data communications

capability over a power line, or power

line carrier (PLC). These chips, which

are used in other commercial

applications, were adapted to heavyduty truck use and through the PLC–4–

TRUCKS consortium, a communications

protocol was developed. As HDBMC

states in their petition, Alan Lesesky of

VES Corporation was granted a patent in

October, 2000, which covers the use of

spread-spectrum data communications

on tractor-trailer applications, and

subsequently VES filed a lawsuit against

Intellon alleging patent infringement

issues. Prior to filing the lawsuit, VES

offered licensing agreements to the

manufacturers of heavy-duty ABS

systems to enable them to use this

technology. As stated in the petition, the

HDBMC believes that the licensing fees

proposed by VES are commercially

unreasonable and inconsistent with past

licensing arrangements for products

covered by Society of Automotive

Engineers (SAE) or NHTSA standards.

NHTSA notes that as early as 1998,

the agency was prepared to initiate

rulemaking to mandate one of the

commercially-available systems for the

purpose of communicating trailer ABS

warning lamp signals, to ensure that the

industry would comply with the March

1, 2001 compliance date. However, the

agency was assured by the industry that

the PLC–4–TRUCKS solution was

indeed that way that the industry

wanted to go and that such a mandate

was unnecessary. The agency heeded

the industry’s recommendations and

subsequently did not begin the

rulemaking process for such a mandate.

NHTSA contacted VES and Intellon

attorneys for an update on the lawsuit

by VES against Intellon. The attorney for

VES indicated that one of the HDBMC

member companies, Eaton Corporation,

had negotiated and signed a licensing

agreement with VES to use the spreadspectrum technology for trailer ABS

warning lamp purposes. The VES

attorney indicated that he believed other

ABS manufacturers would follow suit.

The agency believes that if suitable

licensing agreements are made between

the ABS manufacturers and VES, then

the lawsuit would be terminated so that

manufacturing the PLC–4–TRUCKS

system with the Intellon computer chips

could resume.

The agency therefore denies the

petition for a one-year extension of the

March 1, 2001, compliance date for

trailer ABS malfunction signals. The

technology is available to transmit the

trailer ABS malfunction signals. The

agency believes that this issue is a

business matter that the ABS suppliers

need to work out with appropriate

parties, including Intellon, VES, and the

vehicle manufacturers to whom they

sell their products. The agency notes

that it was prepared to mandate one of

the older, commercial systems on the

market, but the agency was persuaded

not to do so. Under these circumstances

the fact that the vehicle manufacturers

do not want to pay the amount proposed

by VES is not an adequate basis to

extend the effective date. Further, the

agency notes that the cost of ABS in

general has decreased significantly (i.e.,

a factor of two or three) compared to

ABS costs prior to the tractor ABS

mandate of March 1, 1997, and that the

cost to incorporate the trailer ABS

malfunction signaling would only

amount to a small increase in the cost

of current ABS equipment.