Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8571

V, 77 West Jackson Blvd., Chicago, IL

60604. Information on the site is

available at the local information

repository located at: Minnesota

Pollution Agency Public Library, 520

Lafayette RD. St Paul, MN 55155–4194.

Requests for comprehensive copies of

documents should be directed formally

to the Regional Docket Office. Address

for the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Boise

Cascade/Onan Corp./Medtronics, Inc.,

Minnesota

A Notice of Intent to Delete for this

site was published October 26, 1994 (59

FR 53773). The closing date for

comments on the Notice of Intent to

Delete was November 25, 1994. EPA

received no comments and therefore has

not prepared a Responsiveness

Summary.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR part 300

Air pollution control, Chemicals,

Hazardous substances, Hazardous

waste, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: January 19, 1995.

Michelle D. Jordan,

Acting Regional Administrator, U.S. EPA,

Region V

40 CFR part 300 is amended as

follows:

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the Site ‘‘Boise

Cascade/Onan Corp./Medtronics, Inc.,

Minnesota’’.

[FR Doc. 95–3606 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7114

[NM–930–1430–01; NMNM 46826]

Public Land Order No. 3952,

Correction; Revocation of National

Forest Administrative Sites and

Experimental Range Withdrawal; New

Mexico

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY: This order will correct the

errors in the acreage and land

description in Public Land Order No.

3952.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Jeanette Espinosa, BLM New Mexico

State Office, P.O. Box 27115, Santa Fe,

New Mexico 87502, 505–438–7597.

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:

The land description and acreage in

Public Land Order No. 3952, 31 FR

4793, March 22, 1966, are hereby

corrected as follows:

In paragraph 1, under the heading

Luna Ranger Station, which reads ‘‘T. 5

S., R. 20 W., sec. 32, NE1⁄4.’’ is hereby

corrected to read ‘‘T. 5 S., R. 20 W., sec.

32, N1⁄2NE1⁄4.’’

The third column, the last sentence of

paragraph 1, which reads ‘‘the areas

described aggregate approximately 2,758

acres.’’ is hereby corrected to read ‘‘the

areas described aggregate 2,678 acres.’’

Dated: January 31, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–3718 Filed 2–14–95; 8:45 am]

BILLING CODE 4310–FB–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 24

[PP Docket No. 93–253]

Implementation of Section 309(j) of the

Communications Act—Competitive

Bidding

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: This document contains

corrections to the Federal Register

document containing the synopsis of the

Fifth Memorandum Opinion and Order

in PP Docket 93–253, which was

published December 7, 1994 (59 FR

63210). The Federal Register document

contained regulations related to the

broadband PCS auction rules.

EFFECTIVE DATE: February 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Sue McNeil (202) 418–0620.

SUPPLEMENTARY INFORMATION:

Background

The Federal Register summary that is

the subject of these corrections sets forth

rules designed to ensure that small

businesses, rural telephone companies

and businesses owned by minorities and

women have the opportunity to compete

for and obtain licenses for broadband

personal communications services

(broadband PCS) and to attract the

investment capital needed to have

meaningful involvement in building and

managing this nation’s broadband PCS

infrastructure.

Need for Correction

As published, the Federal Register

document inadvertently omitted

portions of rules which need to be

inserted to avoid confusion. The

omitted rule portions were contained in

the original document as released by the

Federal Communications Commission

on November 23, 1994.

Correction of Publication

Accordingly, the publication on

December 7, 1994 of the Federal

Register final rule, FR Doc. 94–30075, is

corrected as follows:

1. Section 24.720(l)(3) introductory

text and examples on page 63237,

columns is corrected to read as follows:

§ 24.720 Definitions.

* * * * *

(l) Affiliate.

* * * * *

(3) Identity of interest between and

among persons. Affiliation can arise
8572 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

between or among two or more persons

with an identity of interest, such as

members of the same family or persons

with common investments. In

determining if the applicant controls or

is controlled by a concern, persons with

an identity of interest will be treated as

though they were one person.

Example 1. Two shareholders in

Corporation Y each have attributable

interests in the same PCS application.

While neither shareholder has enough

shares to individually control

Corporation Y, together they have the

power to control Corporation Y. The

two shareholders with these common

investments (or identity of interest) are

treated as though they are one person

and Corporation Y would be deemed an

affiliate of the applicant.

Example 2. One shareholder in

Corporation Y, shareholder A, has an

attributable interest in a PCS

application. Another shareholder in

Corporation Y, shareholder B, has a

nonattributable interest in the same PCS

application. While neither shareholder

has enough shares to individually

control Corporation Y, together they

have the power to control Corporation

Y. Through the common investment of

shareholders A and B in the PCS

application, Corporation Y would still

be deemed an affiliate of the applicant.

* * * * *

3. Section 24.720(o) on page 63238,

column 3, corrected to read as follows:

§ 24.720 Definitions.

* * * * *

(o) Preexisting entity; Existing

investor. A preexisting entity is an entity

that was operating and earning revenues

for at least two years prior to December

31, 1994. An existing investor is a

person or entity that was an owner of

record of a preexisting entity’s equity as

of November 10, 1994, and any person

or entity acquiring de minimus equity

holdings in a preexisting entity after that

date.

Note: In applying the term existing investor

to de minimus interests in preexisting

entities obtained or increased after November

10, 1994, the Commission will scrutinize any

significant restructuring of the preexisting

entity that occurs after that date and will

presume that any change of equity that is five

percent or less of the preexisting entity’s total

equity is de minimis. The burden is on the

applicant (or licensee) to demonstrate that

changes that exceed five percent are not

significant.

Federal Communications Commission.

William F. Caton,

Secretary.

[FR Doc. 95–3674 Filed 2–14–95; 8:45 am]

BILLING CODE 6712–01–M