Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11907

into law the Communications

Assistance for Law Enforcement Act

(the Act), Title I of Pub. L. 103–414, also

referred to as the digital telephony

legislation. Under the Act, a number of

responsibilities are conferred upon the

Attorney General. The Attorney General

is delegating her responsibilities under

the Act because the FBI possesses the

technical resources and in-depth

expertise necessary to effectively

implement these duties. Also, the FBI

has already expended substantial

resources in planning for the

implementation of this Act.

This delegation will authorize the

Director, FBI, or his designee(s), to: (1)

Publish notices of actual and maximum

capacity requirements; (2) establish

regulations for paying

telecommunications carriers for

reasonable costs in achieving

compliance with the capability and

capacity requirements; (3) determine

compliance priorities; (4) participate in

the setting of publicly available

technical requirements and standards;

(5) prepare annual reports to the

Congress; and (6) take necessary steps to

implement this Act. The delegation of

authority would not include the

enforcement authority provided in Title

II of the legislation, which properly is

executed by the Attorney General and

the Department of Justice.

This order is a matter of internal

Departmental management. In

accordance with 5 U.S.C. 605(b), the

Attorney General certifies that this rule

does not have a significant economic

impact on a substantial number of small

entities. This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and,

accordingly, this rule has not been

reviewed by the Office of Management

and Budget.

List of Subjects in 28 CFR Part 0

Authority delegations (Government

agencies), Government employees,

Organization and functions

(Government agencies), Whistleblowing.

Accordingly, by virtue of the

authority vested in me as Attorney

General by 5 U.S.C. 301 and 28 U.S.C.

509, 510, Part 0 of Title 28 of the Code

of Federal Regulations is amended as

follows:

PART 0—[AMENDED]

1. The authority citation for Part 0

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, 515–519.

2. Section 0.85 is amended by adding

paragraph (o) to read as follows:

§ 0.85 General functions.

* * * * *

(o) Carry out the responsibilities

conferred upon the Attorney General

under the Communications Assistance

for Law Enforcement Act, Title I of Pub.

L. 103–414 (108 Stat. 4279), subject to

the general supervision and direction of

the Attorney General.

Dated: February 16, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–4377 Filed 3–2–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF EDUCATION

34 CFR Part 3

Official Seal

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary revises the

regulations governing the Official Seal

and Insignias of the Department of

Education to remove provisions relating

to the official insignia for AMERICA

2000. The Secretary takes this action to

remove unnecessary and obsolete

provisions from the regulations.

EFFECTIVE DATE: These regulations take

effect March 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Kenneth C. Depew, U.S. Department of

Education, 600 Independence Ave.,

S.W., Room 5112, FB–10B, Washington,

D.C. 20202–2241. Telephone: (202) 401–

8300. Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between 8 a.m. and 8 p.m., Eastern time,

Monday through Friday.

SUPPLEMENTARY INFORMATION: These

regulations eliminate obsolete

provisions in 34 CFR part 3, subpart B—

Official Insignia—AMERICA 2000,

published on December 16, 1991 (56 FR

65388). The title of part 3 is also revised

to reflect this change.

Waiver of Proposed Rulemaking

It is the practice of the Secretary to

offer interested parties the opportunity

to comment on proposed regulations in

accordance with the Administrative

Procedure Act (5 U.S.C. 553). However,

since these changes are not substantive

and merely remove obsolete provisions

relating to Department policy with

respect to the AMERICA 2000 insignia,

the Secretary has determined pursuant

to 5 U.S.C. 553(b)(A) that public

comment on the regulations is not

required.

List of Subjects in 34 CFR Part 3

Education Department, Seals and

insignia.

(Catalog of Federal Domestic Assistance

Number does not apply.)

Dated: February 27, 1995.

Richard W. Riley,

Secretary of Education.

The Secretary amends part 3 of title

34 of the Code of Federal Regulations as

follows:

1. The title of part 3 is revised to read

as follows:

PART 3—OFFICIAL SEAL

2. The authority citation for part 3

continues to read as follows:

Authority: 20 U.S.C. 3472 and 3485, unless

otherwise noted.

3. The heading ‘‘Subpart A—Official

Seal’’ is removed from part 3.

Subpart B, §§ 3.5–3.10—[Removed]

4. Subpart B of part 3, §§ 3.5 through

3.10, is removed.

[FR Doc. 95–5255 Filed 3–2–95; 8:45 am]

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 58

[WI51–01–6828; FRL–5158–3]

Modification of the Ozone Monitoring

Season; Wisconsin

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Final rule.

SUMMARY: This final rule contains

revisions to part 58 of chapter 1 of title

40 of the Code of Federal Regulations

(CFR), appendix D, the Ozone

Monitoring Season By State table in

section 2.5. The revisions change

Wisconsin’s ozone monitoring season to

April 15 through October 15.

EFFECTIVE DATE: March 3, 1995.

ADDRESSES: Copies of documents

relevant to this action are available for

inspection at the following address:

United States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois, 60604. Telephone

Jacqueline Nwia at (312) 886–6081

before visiting the Region 5 Office.

FOR FURTHER INFORMATION CONTACT:

Jacqueline Nwia, Regulation

Development Section, U.S.

Environmental Protection Agency,

Region 5, Air Toxics and Radiation
11908 Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations

Branch, 77 West Jackson Boulevard,

Chicago, Illinois, 60604. Telephone

(312) 886–6081.

SUPPLEMENTARY INFORMATION:

I. Background

On January 11, 1980 (45 FR 2319), the

USEPA approved, into the Wisconsin

SIP, revisions to Wisconsin rule NR

154.01–Definitions, which set forth the

ozone season for Wisconsin as the

period each year from May 1 through

September 30. This action was codified

in 40 CFR part 52, § 52.2570(c)(13).

On April 4, 1980, the USEPA

approved a waiver for ozone monitoring

at State and Local Ambient Monitoring

Stations (SLAMS) from October 16 to

April 14 with the exception of National

Ambient Monitoring Stations (NAMS)

sites required in the southeast

Wisconsin air quality control region,

which would continue to monitor for

the entire year as recommended in the

USEPA’s Guideline for the

Implementation of Ambient Air

Monitoring (EPA 450/4–79–038). This

approval was in the form of a letter from

the Regional Administrator to the

Director of Wisconsin’s Department of

Natural Resources (WDNR) Bureau of

Air Management. See the USEPA

guidance entitled Guideline on

Modification to Monitoring Seasons for

Ozone, March 1990, prepared by the

Technical Support Division of Office of

Air Quality Planning and Standards.

On March 19, 1986 (51 FR 9582), the

USEPA promulgated revisions to 40

CFR part 58, appendix D, which were

needed to meet changing air monitoring

program requirements. These revisions

included the addition of the Ozone

Monitoring Season By State table in

section 2.5, of appendix D. This table

listed the Wisconsin ozone monitoring

season as beginning on April 1 and

ending on October 31. This is the ozone

season currently reflected in the

Aerometric Information Retrieval

System (AIRS) for Wisconsin.

II. Review

Since AIRS extracts the ozone

monitoring season from appendix D,

April 1 through October 31 is reflected

in AIRS for Wisconsin. Consequently,

this ozone season is used in the

calculation of the number of expected

exceedances. Since Wisconsin SLAMS

only monitor from April 15 through

October 15, there are 29 non-monitored

days. AIRS views this non-monitored

situation as missing data. This has the

effect of increasing the exceedance

estimate, if any exceedances are

observed. AIRS assigns the same ozone

season to all SLAMS, NAMS and

Special Purpose Monitoring Stations

(SPMS) monitors in a State or county.

AIRS does not have the capability to

define a separate ozone season for

individual monitors. Further, 40 CFR

part 58, appendix D does not

distinguish ozone seasons by monitor

type, but defines an ozone season for all

monitor types.

Since the shorter ozone season was

already approved by the Regional

Administrator in 1980 for SLAMS, an

analysis for these monitors is not

required. The 1980 waiver, however,

did not apply to NAMS monitors.

Therefore, as recommended by the

Guideline on Modification to

Monitoring Seasons for Ozone,

Technical Support Division Office of

Air Quality Planning and Standards,

March 1990, the USEPA reviewed the

ozone monitoring data for the entire

State to determine whether the 1980

waiver may be extended to NAMS.

The guidance states that the potential

for ozone exceedances, and,

consequently, ozone season reductions

can be determined using historical

ozone monitoring data. A review of

historical ozone data for this purpose

must be based on 5 years of the most

recent data, in order to ensure that both

favorable and unfavorable conditions

are represented. The guidance allows

reduction in monitoring for months

without 1-hour ozone concentrations

exceeding 0.10 ppm during the most

recent 5 years.

The most recent 5 years, 1988–1993,

of ambient ozone data (AIRS AMP215

and AMP355 Standard Reports),

demonstrates that there have been no

exceedances of the ozone National

Ambient Air Quality Standard in the

time periods April 1 through April 14

and October 16 through October 31 for

any of the NAMS monitors in the State.

The highest ozone value recorded at a

NAMS between April 1 and April 14

was 0.08 parts per million (ppm) in

Ozaukee county (55–089–0005) in 1991.

The highest ozone value recorded at a

NAMS between October 16 and October

31 was 0.076 ppm which occurred in

1989 in Columbia county (55–021–0015)

and Ozaukee county (55–089–0005),

both of which fall below the 0.10 ppm

recommended limit. See Guideline on

Modification to Monitoring Seasons for

Ozone, Technical Support Division

Office of Air Quality Planning and

Standards, March 1990, p. 5.

The relevant data demonstrates that

no concentrations above 0.10 ppm were

recorded during April 1–April 14 or

October 16–October 31. Consequently,

the test of 5 years of data without any

concentrations above the recommended

limit of 0.10 ppm has been satisfied.

In addition, it should be noted that

the ozone season as it applies to

Wisconsin’s rules and regulations will

not change with this revision. The

ozone season approved as part of the

Wisconsin SIP, in Rule 154.01

Definitions, is the period from May 1

through September 30 and will continue

to be so.

The modified ozone monitoring

season will apply to future monitoring

efforts at SLAMS and NAMS unless

otherwise revised.

III. Action

After reviewing 5 years worth of

Wisconsin ozone monitoring data, we

find that the change in ozone

monitoring season in Wisconsin

complies with all applicable

requirements of the Clean Air Act (Act)

and USEPA policy and regulations

concerning such revisions. Pursuant to

40 CFR 58.13(a)(3), the Regional

Administrator has the authority to

exempt periods or seasons from

consecutive hourly averages for

continuous SLAMS analyzers.

The USEPA is revising Wisconsin’s

ozone monitoring season in 40 CFR part

58, appendix D, section 2.5 to April 15

through October 15 of each year for all

monitor types.

Because USEPA considers this action

noncontroversial and routine, we are

approving it without prior proposal. The

action will become effective on March 3,

1995.

Under section 307(b)(1) of the Act, 42

U.S.C. 7607(b)(1), petitions for judicial

review of this action must be filed in the

United States Court of Appeals for the

appropriate circuit by May 2, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. See section

307(b)(2) of the Act, 42 U.S.C.

7607(b)(2).

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., the USEPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, the USEPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Rules and Regulations 11909

This action does not create any new

requirements. Therefore, I certify that it

does not have a significant impact on

small entities.

List of Subjects in 40 CFR Part 58

Environmental protection, Air

pollution control, Intergovernmental

relations.

Dated: February 9, 1995.

David A. Ullrich,

Acting Regional Administrator.

40 CFR part 58, appendix D is

amended as follows:

PART 58—[AMENDED]

1. The authority citation for part 58

continues to read as follows:

Authority: 42 U.S.C. 7410, 7601(a), 7613,

and 7619.

Appendix D—[Amended]

2. In section 2.5 of appendix D, the

table is amended by revising the entry

for Wisconsin to read as follows:

Appendix D—Network Design for State

and Local Air Monitoring Stations

(SLAMS) and National Air Monitoring

Stations (NAMS) and Photochemical

Assessment Monitoring Stations

(PAMS)

* * * * *

2.5 * * *

Ozone Monitoring Season By State

State Begin month End month

* * * * *

Wisconsin ..... April 15 ........ October 15.

* * * * *

* * * * *

[FR Doc. 95–5028 Filed 3–2–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 94–132; RM–8529]

Radio Broadcasting Services; Reed

City,

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

247A to Reed City, Michigan, as that

community’s first local FM broadcast

service in response to a petition filed by

Steven V. Beilfuss. See 59 FR 60111,

November 22, 1994. Canadian

concurrence has been received for this

allotment at coordinates 43–51–31 and

85–30–50. There is a site restriction 1.9

kilometers (1.2 miles) southwest of the

community. With this action this

proceeding is terminated.

DATES: Effective April 10, 1995. The

window period for filing applications

for Channel 247A at Reed City will open

on April 10, 1995, and close on May 11,

1995.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 94–132,

adopted February 15, 1995, and released

February 24, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’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 Services, Inc., 2100 M

Street, NW, Suite 140, Washington, D.C.

20037, (202) 857–3800.

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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under Michigan, is amended

by adding Reed City, Channel 247A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–5250 Filed 3–2–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 94–2; RM–8415, 8465]

Radio Broadcasting Services;

Hazlehurst and Bude, MS

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Douglas B. DeLawder (RM–

8465), allots Channel 282C3 to Bude,

Mississippi. Channel 282C3 can be

allotted to Bude in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 11.7 kilometers (7.3 miles)

northeast to avoid a short-spacing with

the licensed site of Station WHER(FM),

Channel 279C, Hattiesburg, Mississippi.

The coordinates for the allotment of

Channel 282C3 at Bude are 31–32–33

and 90–45–36. The proposal filed by

PDB Broadcasting (RM–8415), see 59 FR

07238, February 15, 1994, requesting the

allotment of Channel 282A to

Hazlehurst, Mississippi, is denied. With

this action, this proceeding is

terminated.

DATES: Effective April 10, 1995. The

window period for filing applications

will open on April 10, 1995, and close

on May 11, 1995.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 94–2,

adopted February 15, 1995, and released

February 24, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC 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 contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, D.C.

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under Mississippi, is

amended by adding Bude, Channel

282C3.

Federal Communications Commission.

John A Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–5251 Filed 3–2–95; 8:45 am]

BILLING CODE 6712–01–F